Texas 2025 - 89th Regular

Texas House Bill HB1274 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R1032 JSC-D
2	2	By: González of El Paso H.B. No. 1274
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to intelligence databases for combinations, criminal
10	10	street gangs, and foreign terrorist organizations.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter B, Chapter 67, Code of Criminal
13	13	Procedure, is amended by adding Article 67.055 to read as follows:
14	14	Art. 67.055. NOTIFICATION REGARDING INCLUSION OF
15	15	INFORMATION IN DEPARTMENT'S INTELLIGENCE DATABASE. (a) Not later
16	16	than the 60th day after the date the department includes
17	17	information relating to a person in the department's intelligence
18	18	database maintained under Article 67.052, the department shall
19	19	provide to the person by certified mail to the person's last known
20	20	address:
21	21	(1) notification regarding the inclusion of the
22	22	person's information in the department's intelligence database;
23	23	(2) a description of the process for disputing the
24	24	inclusion of information in the database, including associated
25	25	costs or fees, processes and timelines, and any potential evidence
26	26	necessary for purposes of a dispute; and
27	27	(3) a description of the process for removing
28	28	information from the database following renunciation of membership
29	29	in a combination, criminal street gang, or foreign terrorist
30	30	organization.
31	31	(b) The department shall post on the department's Internet
32	32	website information regarding the processes described by
33	33	Subsections (a)(2) and (3).
34	34	SECTION 2. Subchapter C, Chapter 67, Code of Criminal
35	35	Procedure, is amended by adding Article 67.1015 to read as follows:
36	36	Art. 67.1015. PROHIBITED RELEASE AND USE OF INFORMATION IN
37	37	DEPARTMENT'S INTELLIGENCE DATABASE. A person's information
38	38	included in the intelligence database maintained by the department
39	39	under Article 67.052 may not:
40	40	(1) be made available for or used in a determination of
41	41	the person's employment eligibility;
42	42	(2) limit any rights given to the person by the United
43	43	States Constitution or Texas Constitution; or
44	44	(3) limit the person's ability to obtain any federal or
45	45	state license, permit, or benefit.
46	46	SECTION 3. The heading to Subchapter D, Chapter 67, Code of
47	47	Criminal Procedure, is amended to read as follows:
48	48	SUBCHAPTER D. REMOVAL OF INFORMATION AFTER EXPIRATION OF CERTAIN
49	49	PERIOD
50	50	SECTION 4. Subchapter D, Chapter 67, Code of Criminal
51	51	Procedure, is amended by adding Article 67.153 to read as follows:
52	52	Art. 67.153. AUDIT; SUMMARY; REMOVAL. (a) The state
53	53	auditor annually shall conduct an audit of information that is held
54	54	in the department's intelligence database maintained under Article
55	55	67.052.
56	56	(b) If the state auditor finds that information has remained
57	57	in the intelligence database for more than 10 years, the state
58	58	auditor shall request that the department reestablish sufficient
59	59	evidence for inclusion of the information in the database. If the
60	60	department is unable to establish sufficient evidence, the
61	61	department promptly shall remove the information from the database.
62	62	(c) The state auditor shall create a summary of the audit
63	63	performed under this article, disaggregating by race, age, gender,
64	64	ethnicity, and residential zip code the total number of persons
65	65	whose information is included in the intelligence database. The
66	66	summary must specify the number of persons whose information has
67	67	been retained in the intelligence database for more than five years
68	68	and for more than 10 years.
69	69	(d) The department shall make the summary available on the
70	70	department's Internet website.
71	71	SECTION 5. Articles 67.202(a), (b), (c), and (d), Code of
72	72	Criminal Procedure, are amended to read as follows:
73	73	(a) On receipt of a written request of a person or the parent
74	74	or guardian of a child that includes a showing by the person or the
75	75	parent or guardian that a law enforcement agency may have collected
76	76	criminal information under this chapter relating to the person or
77	77	child that is inaccurate, [or] does not comply with the submission
78	78	criteria under Article 67.054(b), or violates 28 C.F.R. Part 23,
79	79	the Texas Constitution, or the United States Constitution, the head
80	80	of the agency or the designee of the agency head shall review
81	81	criminal information collected by the agency under this chapter
82	82	relating to the person or child to determine whether [if]:
83	83	(1) probable cause [reasonable suspicion] exists to
84	84	believe that the information is accurate; [and]
85	85	(2) the information complies with the submission
86	86	criteria established under Article 67.054(b); and
87	87	(3) inclusion of the information in the applicable
88	88	intelligence database violates 28 C.F.R. Part 23, the Texas
89	89	Constitution, or the United States Constitution.
90	90	(b) If, after conducting a review of criminal information
91	91	under Subsection (a), the agency head or designee determines that
92	92	probable cause [reasonable suspicion] does not exist to believe
93	93	that the information is accurate, [or] determines that the
94	94	information does not comply with the submission criteria, or
95	95	determines that inclusion of the information in the intelligence
96	96	database violates 28 C.F.R. Part 23, the Texas Constitution, or the
97	97	United States Constitution, the agency shall:
98	98	(1) promptly destroy all records containing the
99	99	information; and
100	100	(2) not later than the 10th business day after the date
101	101	of the determination, notify the department and the person who
102	102	requested the review of the agency's determination and the
103	103	destruction of the records.
104	104	(c) If, after conducting a review of criminal information
105	105	under Subsection (a), the agency head or designee determines that
106	106	probable cause [reasonable suspicion] exists to believe that the
107	107	information is accurate, [and] determines that the information
108	108	complies with the submission criteria, and determines that
109	109	inclusion of the information in the intelligence database does not
110	110	violate 28 C.F.R. Part 23, the Texas Constitution, or the United
111	111	States Constitution, the agency shall notify the person who
112	112	requested the review:
113	113	(1) of the agency's determination not later than the
114	114	10th business day after the date of the determination; and
115	115	(2) that the person is entitled to seek judicial
116	116	review of the agency's determination under Article 67.203 not later
117	117	than the 60th day after the date the person receives the written
118	118	notification by the agency head or designee.
119	119	(d) Not later than the 10th business day after the date of
120	120	[On] receipt of notice under Subsection (b)(2), the department
121	121	[immediately] shall destroy all records containing the information
122	122	that is the subject of the notice in the intelligence database
123	123	maintained by the department under Article 67.052.
124	124	SECTION 6. Article 67.203, Code of Criminal Procedure, is
125	125	amended to read as follows:
126	126	Art. 67.203. JUDICIAL REVIEW. (a) Not later than the 60th
127	127	day after the date the person receives written notice under Article
128	128	67.202(c), a [A] person who is entitled to seek judicial review of a
129	129	determination made under that subsection [Article 67.202(c)] may
130	130	file a petition for review in district court in the county in which
131	131	the person resides.
132	132	(a-1) A court may grant judicial review of a petition filed
133	133	after the date prescribed by Subsection (a) if the petitioner shows
134	134	good cause for filing after that date.
135	135	(b) On the filing of a petition for review under Subsection
136	136	(a), the district court shall conduct a hearing in which the court
137	137	shall make available to the person's counsel under Article 39.14
138	138	all criminal information that is the subject of the determination.
139	139	The hearing shall be conducted [an in camera review of the criminal
140	140	information that is the subject of the determination] to determine
141	141	whether [if]:
142	142	(1) probable cause [reasonable suspicion] exists to
143	143	believe that the information is accurate; [and]
144	144	(2) the information complies with the submission
145	145	criteria under Article 67.054(b); and
146	146	(3) the inclusion of the information in the applicable
147	147	intelligence database violates 28 C.F.R. Part 23, the Texas
148	148	Constitution, or the United States Constitution.
149	149	(c) If, after a hearing [conducting an in camera review of
150	150	criminal information under Subsection (b)], the court finds that
151	151	probable cause [reasonable suspicion] does not exist to believe
152	152	that the information is accurate, [or] finds that the information
153	153	does not comply with the submission criteria, or finds that
154	154	inclusion of the information in the intelligence database violates
155	155	28 C.F.R. Part 23, the Texas Constitution, or the United States
156	156	Constitution, not later than the 10th business day after the date
157	157	the court makes its finding, the court shall:
158	158	(1) order the law enforcement agency that collected
159	159	the information to promptly destroy all records containing the
160	160	information; and
161	161	(2) notify the department of the court's finding
162	162	[determination] and the destruction of the records.
163	163	(c-1) Not later than the 10th business day after the date of
164	164	receipt of notice under Subsection (c)(2), the department shall
165	165	destroy all records containing the information that is the subject
166	166	of the notice in the intelligence database maintained by the
167	167	department under Article 67.052.
168	168	(d) A petitioner may appeal a final judgment of a district
169	169	court [conducting an in camera review] under this article.
170	170	(e) Information that is the subject of [an in camera] review
171	171	under this article is confidential and may not be disclosed, except
172	172	the information is subject to disclosure as required by Article
173	173	39.14 or under a subpoena or other legal process.
174	174	SECTION 7. Subchapter E, Chapter 67, Code of Criminal
175	175	Procedure, is amended by adding Article 67.204 to read as follows:
176	176	Art. 67.204. RIGHT TO REMOVAL OF INFORMATION FROM
177	177	DEPARTMENT'S INTELLIGENCE DATABASE AFTER RENUNCIATION. (a) A
178	178	person who is no longer a member of a combination, criminal street
179	179	gang, or foreign terrorist organization may renounce membership.
180	180	On the second anniversary of the person's renunciation, the
181	181	information of a person who renounces membership shall be removed
182	182	from the department's intelligence database maintained under
183	183	Article 67.052.
184	184	(b) The department shall adopt rules and forms for the
185	185	process by which:
186	186	(1) a former member of a combination, criminal street
187	187	gang, or foreign terrorist organization may renounce membership and
188	188	provide evidence that the person is no longer a member of the
189	189	combination, gang, or organization; and
190	190	(2) the department subsequently removes the former
191	191	member's information from the department's intelligence database.
192	192	SECTION 8. This Act takes effect September 1, 2025.