BILL ANALYSIS Senate Research Center S.B. 989 89R1968 JTZ-D By: Bettencourt Criminal Justice 3/28/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Concerns have been raised about individuals being employed by courts to determine bail. S.B. 989 simply requires that those seeking appointment or employment by the court that assesses or determines the eligibility or amount of bail for a criminal defendant undergo a criminal background check. The bill also establishes that the criminal history record may only be used to evaluate employment by an applicant and may not release or disclose any information obtained in the background check. As proposed, S.B. 989 amends current law relating to criminal history record information for certain master, magistrate, referee, associate judge, or other court official applicants appointed or employed to serve in a state court. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 54, Government Code, by adding Subchapter A, as follows: SUBCHAPTER A. GENERAL PROVISIONS Sec. 54.001. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENTS FOR APPLICANTS. (a) Provides that this section applies to an applicant seeking appointment or employment under Chapter 54 (Masters; Magistrates; Referees; Associate Judges) in a court of this state as a master, magistrate, referee, associate judge, or other court official who assesses or determines the eligibility or amount of bail for a criminal defendant. (b) Requires the court to require an applicant for a position described by Subsection (a) to submit a complete and legible set of fingerprints, on a form the Office of Court Administration of the Texas Judicial System prescribes, to the court or to the Department of Public Safety of the State of Texas (DPS) for the purpose of obtaining criminal history record information from DPS and the Federal Bureau of Investigation (FBI). (c) Prohibits a court from appointing or employing an applicant for a position described by Subsection (a) unless the court conducts a criminal history record check of the applicant using information the applicant provides under this section and DPS, FBI, and any other criminal justice agency under Subchapter F (Criminal History Record Information), Chapter 411 (Department of Public Safety of the State of Texas), makes available to the court. (d) Authorizes a court to enter into an agreement with DPS to administer criminal history record checks required under this section and authorize DPS to collect from each applicant the costs DPS incurs in conducting the criminal history record check. SECTION 2. Amends Subchapter F, Chapter 411, Government Code, by adding Section 411.14085, as follows: Sec. 411.14085. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: COURTS WITH CRIMINAL JURISDICTION. (a) Provides that a district court, constitutional county court, statutory county court, justice court, or municipal court with jurisdiction over criminal cases is entitled to obtain from DPS as authorized under Section 54.001 criminal history record information DPS maintains that relates to an applicant for appointment or employment as a master, magistrate, referee, associate judge, or other court official who assesses or determines the eligibility or amount of bail for a criminal defendant for that court. (b) Authorizes criminal history record information a court obtains under Subsection (a) to be used only to evaluate an applicant. (c) Prohibits the court from releasing or disclosing criminal history record information the court obtains under Subsection (a) except with the consent of the person who is the subject of the information. (d) Requires the court, after the expiration of any probationary term of the person's appointment or employment, to destroy all criminal history record information the court obtains under Subsection (a). SECTION 3. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 989
89R1968 JTZ-D By: Bettencourt
Criminal Justice
3/28/2025
As Filed
Senate Research Center
S.B. 989
89R1968 JTZ-D
By: Bettencourt
Criminal Justice
3/28/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Concerns have been raised about individuals being employed by courts to determine bail. S.B. 989 simply requires that those seeking appointment or employment by the court that assesses or determines the eligibility or amount of bail for a criminal defendant undergo a criminal background check. The bill also establishes that the criminal history record may only be used to evaluate employment by an applicant and may not release or disclose any information obtained in the background check.
As proposed, S.B. 989 amends current law relating to criminal history record information for certain master, magistrate, referee, associate judge, or other court official applicants appointed or employed to serve in a state court.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Chapter 54, Government Code, by adding Subchapter A, as follows:
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 54.001. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENTS FOR APPLICANTS. (a) Provides that this section applies to an applicant seeking appointment or employment under Chapter 54 (Masters; Magistrates; Referees; Associate Judges) in a court of this state as a master, magistrate, referee, associate judge, or other court official who assesses or determines the eligibility or amount of bail for a criminal defendant.
(b) Requires the court to require an applicant for a position described by Subsection (a) to submit a complete and legible set of fingerprints, on a form the Office of Court Administration of the Texas Judicial System prescribes, to the court or to the Department of Public Safety of the State of Texas (DPS) for the purpose of obtaining criminal history record information from DPS and the Federal Bureau of Investigation (FBI).
(c) Prohibits a court from appointing or employing an applicant for a position described by Subsection (a) unless the court conducts a criminal history record check of the applicant using information the applicant provides under this section and DPS, FBI, and any other criminal justice agency under Subchapter F (Criminal History Record Information), Chapter 411 (Department of Public Safety of the State of Texas), makes available to the court.
(d) Authorizes a court to enter into an agreement with DPS to administer criminal history record checks required under this section and authorize DPS to collect from each applicant the costs DPS incurs in conducting the criminal history record check.
SECTION 2. Amends Subchapter F, Chapter 411, Government Code, by adding Section 411.14085, as follows:
Sec. 411.14085. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: COURTS WITH CRIMINAL JURISDICTION. (a) Provides that a district court, constitutional county court, statutory county court, justice court, or municipal court with jurisdiction over criminal cases is entitled to obtain from DPS as authorized under Section 54.001 criminal history record information DPS maintains that relates to an applicant for appointment or employment as a master, magistrate, referee, associate judge, or other court official who assesses or determines the eligibility or amount of bail for a criminal defendant for that court.
(b) Authorizes criminal history record information a court obtains under Subsection (a) to be used only to evaluate an applicant.
(c) Prohibits the court from releasing or disclosing criminal history record information the court obtains under Subsection (a) except with the consent of the person who is the subject of the information.
(d) Requires the court, after the expiration of any probationary term of the person's appointment or employment, to destroy all criminal history record information the court obtains under Subsection (a).
SECTION 3. Effective date: September 1, 2025.