By: Bettencourt S.B. No. 989
A BILL TO BE ENTITLED
AN ACT
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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 54, Government Code, is amended by
adding Subchapter A to read as follows:
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 54.001. CRIMINAL HISTORY RECORD INFORMATION
REQUIREMENTS FOR APPLICANTS. (a) This section applies to an
applicant seeking appointment or employment under this chapter 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) A court shall 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 for the purpose of obtaining criminal history
record information from the Department of Public Safety and the
Federal Bureau of Investigation.
(c) A court may not appoint or employ an applicant for a
position described by Subsection (a) unless the court conducts a
criminal history record check of the applicant using information:
(1) the applicant provides under this section; and
(2) the Department of Public Safety, the Federal
Bureau of Investigation, and any other criminal justice agency
under Subchapter F, Chapter 411, makes available to the court.
(d) A court may:
(1) enter into an agreement with the Department of
Public Safety to administer criminal history record checks required
under this section; and
(2) authorize the Department of Public Safety to
collect from each applicant the costs the department incurs in
conducting the criminal history record check.
SECTION 2. Subchapter F, Chapter 411, Government Code, is
amended by adding Section 411.14085 to read as follows:
Sec. 411.14085. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: COURTS WITH CRIMINAL JURISDICTION. (a) A district
court, constitutional county court, statutory county court,
justice court, or municipal court with jurisdiction over criminal
cases is entitled to obtain from the department as authorized under
Section 54.001 criminal history record information the department
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) Criminal history record information a court obtains
under Subsection (a) may be used only to evaluate an applicant.
(c) The court may not release or disclose 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) After the expiration of any probationary term of the
person's appointment or employment, the court shall destroy all
criminal history record information the court obtains under
Subsection (a).
SECTION 3. This Act takes effect September 1, 2025.