Bill Text: TX HB501 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the establishment of civil liability and injunctive relief for the dissemination of certain criminal history record information.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2011-03-07 - Left pending in committee [HB501 Detail]
Download: Texas-2011-HB501-Introduced.html
| 82R2159 JSC-D | ||
| By: Solomons | H.B. No. 501 | |
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| relating to the establishment of civil liability and injunctive | ||
| relief for the dissemination of certain criminal history record | ||
| information. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter F, Chapter 411, Government Code, is | ||
| amended by adding Section 411.0853 to read as follows: | ||
| Sec. 411.0853. DISSEMINATION OF CERTAIN CRIMINAL HISTORY | ||
| RECORD INFORMATION PROHIBITED; CIVIL LIABILITY. (a) Except as | ||
| otherwise provided by this subchapter, a person may not disseminate | ||
| any criminal history record information in the person's possession | ||
| with respect to which the person has knowledge or has received | ||
| notice that: | ||
| (1) an order of expunction has been issued under | ||
| Article 55.02, Code of Criminal Procedure; or | ||
| (2) an order of nondisclosure has been issued under | ||
| Section 411.081(d) or (f-1). | ||
| (b) A person that disseminates information in violation of | ||
| Subsection (a) is liable to the individual who is the subject of the | ||
| information in an amount not to exceed $25,000 for each separate | ||
| violation and, in the case of a continuing violation, $5,000 for | ||
| each subsequent day on which the violation occurs. | ||
| (c) In an action brought under this section, the court may | ||
| grant injunctive relief to prevent or restrain a violation of this | ||
| section. | ||
| (d) An individual who prevails in an action brought under | ||
| this section is also entitled to recover court costs and reasonable | ||
| attorney's fees. | ||
| SECTION 2. The changes in law made by this Act apply to the | ||
| release of criminal history record information on or after the | ||
| effective date of this Act, regardless of whether the criminal | ||
| offense to which the information relates is committed before, on, | ||
| or after that date. | ||
| SECTION 3. This Act takes effect September 1, 2011. | ||
