Texas 2025 - 89th Regular

Texas Senate Bill SB989 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Bettencourt S.B. No. 989
2		-
3		-
	2	+	(In the Senate - Filed January 29, 2025; February 13, 2025,
	3	+	read first time and referred to Committee on Criminal Justice;
	4	+	April 3, 2025, reported favorably by the following vote: Yeas 7,
	5	+	Nays 0; April 3, 2025, sent to printer.)
	6	+	Click here to see the committee vote
4	7
5	8
6	9		A BILL TO BE ENTITLED
7	10		AN ACT
8	11		relating to criminal history record information for certain master,
9	12		magistrate, referee, associate judge, or other court official
10	13		applicants appointed or employed to serve in a state court.
11	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	15		SECTION 1. Chapter 54, Government Code, is amended by
13	16		adding Subchapter A to read as follows:
14	17		SUBCHAPTER A. GENERAL PROVISIONS
15	18		Sec. 54.001. CRIMINAL HISTORY RECORD INFORMATION
16	19		REQUIREMENTS FOR APPLICANTS. (a) This section applies to an
17	20		applicant seeking appointment or employment under this chapter in a
18	21		court of this state as a master, magistrate, referee, associate
19	22		judge, or other court official who assesses or determines the
20	23		eligibility or amount of bail for a criminal defendant.
21	24		(b) A court shall require an applicant for a position
22	25		described by Subsection (a) to submit a complete and legible set of
23	26		fingerprints, on a form the Office of Court Administration of the
24	27		Texas Judicial System prescribes, to the court or to the Department
25	28		of Public Safety for the purpose of obtaining criminal history
26	29		record information from the Department of Public Safety and the
27	30		Federal Bureau of Investigation.
28	31		(c) A court may not appoint or employ an applicant for a
29	32		position described by Subsection (a) unless the court conducts a
30	33		criminal history record check of the applicant using information:
31	34		(1) the applicant provides under this section; and
32	35		(2) the Department of Public Safety, the Federal
33	36		Bureau of Investigation, and any other criminal justice agency
34	37		under Subchapter F, Chapter 411, makes available to the court.
35	38		(d) A court may:
36	39		(1) enter into an agreement with the Department of
37	40		Public Safety to administer criminal history record checks required
38	41		under this section; and
39	42		(2) authorize the Department of Public Safety to
40	43		collect from each applicant the costs the department incurs in
41	44		conducting the criminal history record check.
42	45		SECTION 2. Subchapter F, Chapter 411, Government Code, is
43	46		amended by adding Section 411.14085 to read as follows:
44	47		Sec. 411.14085. ACCESS TO CRIMINAL HISTORY RECORD
45	48		INFORMATION: COURTS WITH CRIMINAL JURISDICTION. (a) A district
46	49		court, constitutional county court, statutory county court,
47	50		justice court, or municipal court with jurisdiction over criminal
48	51		cases is entitled to obtain from the department as authorized under
49	52		Section 54.001 criminal history record information the department
50	53		maintains that relates to an applicant for appointment or
51	54		employment as a master, magistrate, referee, associate judge, or
52	55		other court official who assesses or determines the eligibility or
53	56		amount of bail for a criminal defendant for that court.
54	57		(b) Criminal history record information a court obtains
55	58		under Subsection (a) may be used only to evaluate an applicant.
56	59		(c) The court may not release or disclose criminal history
57	60		record information the court obtains under Subsection (a) except
58	61		with the consent of the person who is the subject of the
59	62		information.
60	63		(d) After the expiration of any probationary term of the
61	64		person's appointment or employment, the court shall destroy all
62	65		criminal history record information the court obtains under
63	66		Subsection (a).
64	67		SECTION 3. This Act takes effect September 1, 2025.
	68	+	* * * * *