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A BILL TO BE ENTITLED
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AN ACT
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relating to the release of bulk criminal history record information |
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by certain individuals and agencies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 552, Government Code, is |
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amended by adding Section 552.1426 to read as follows: |
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Sec. 552.1426. DISSEMINATION OF BULK CRIMINAL HISTORY |
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RECORD INFORMATION. (a) In this section: |
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(1) "Bulk criminal history record information |
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request" means a request submitted to a district clerk, county |
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clerk, clerk of a justice or municipal court, or criminal justice |
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agency for production, in any format, of all or a significant |
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portion of the criminal history record information maintained by |
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that clerk, court, or agency. |
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(2) "Criminal history record information" means |
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information about a person that is collected or maintained by a |
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district clerk, county clerk, clerk of a justice or municipal |
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court, or a criminal justice agency and that consists of |
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identifiable descriptions and notations of arrests, detentions, |
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indictments, informations, and other formal criminal charges and |
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their dispositions. The term does not include: |
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(A) identification information, including |
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fingerprint records, to the extent that the identification |
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information does not indicate involvement of the person in the |
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criminal justice system; |
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(B) traffic offense information maintained by a |
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clerk of a municipal or justice court; or |
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(C) driving record information maintained by the |
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Department of Public Safety under Subchapter C, Chapter 521, |
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Transportation Code. |
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(3) "Criminal justice agency" has the meaning assigned |
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by Section 411.082. |
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(b) A district clerk, county clerk, clerk of a justice or |
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municipal court, or criminal justice agency, other than the |
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Department of Public Safety, that receives from any person or |
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entity a bulk criminal history record information request |
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concerning Class A or Class B or felony offenses for which a final |
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judgment has been rendered shall deny the request and provide the |
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requestor with instructions for submitting a bulk criminal history |
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record information request to the Department of Public Safety. |
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(c) A district clerk, county clerk, clerk of a justice or |
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municipal court, or criminal justice agency that grants a bulk |
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criminal history record information request submitted by any person |
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or entity and that concerns Class C offenses for which final |
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judgment has been rendered or offenses that are pending final |
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disposition shall: |
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(1) maintain a record of the name and contact |
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information of the requestor and the most recent date criminal |
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history record information was provided to the requestor; and |
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(2) publish the record on the clerk's or agency's |
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Internet website or, if the clerk or agency does not maintain an |
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Internet website, prominently display the record in a public area |
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of the clerk's or agency's place of business. |
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(d) This section does not restrict public access to criminal |
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history record information, other than through a bulk criminal |
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history record information request, or limit the general discretion |
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or authority of any district clerk, county clerk, clerk of a justice |
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or municipal court, or criminal justice agency. |
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SECTION 2. Section 411.087(a), Government Code, is amended |
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to read as follows: |
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(a) Unless otherwise authorized by Subsection (e), a |
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person, agency, department, political subdivision, or other entity |
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that is authorized by this subchapter to obtain from the department |
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criminal history record information maintained by the department |
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that relates to another person is authorized to: |
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(1) obtain through the Federal Bureau of Investigation |
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criminal history record information maintained or indexed by that |
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bureau that pertains to that person; or |
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(2) obtain from any other criminal justice agency in |
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this state criminal history record information maintained by that |
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criminal justice agency that relates to that person, except as |
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otherwise provided by Section 552.1426. |
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SECTION 3. This Act takes effect September 1, 2015. |