Bill Text: TX SB1973 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to criminal history record information for certain special master, magistrate, referee, or other court official applicants appointed or employed by state judges.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2023-04-28 - Referred to Judiciary & Civil Jurisprudence [SB1973 Detail]
Download: Texas-2023-SB1973-Engrossed.html
By: Bettencourt | S.B. No. 1973 |
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relating to criminal history record information for certain special | ||
master, magistrate, referee, or other court official applicants | ||
appointed or employed by state judges. | ||
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 CERTAIN APPLICANTS. (a) This section applies to | ||
an applicant seeking appointment or employment under this chapter | ||
in a court of this state as a special master, magistrate, referee, | ||
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 prescribed by the Office of Court | ||
Administration of the Texas Judicial System, 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) provided by the applicant under this section; and | ||
(2) made available to the court by the Department of | ||
Public Safety, the Federal Bureau of Investigation, and any other | ||
criminal justice agency under Subchapter F, Chapter 411. | ||
(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 incurred by the department 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 maintained by | ||
the department that relates to an applicant for appointment or | ||
employment as a special master, magistrate, referee, 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 obtained by the | ||
court under Subsection (a) may be used only to evaluate an | ||
applicant. | ||
(c) The court may not release or disclose information | ||
obtained under Subsection (a) except with the consent of the person | ||
who is the subject of the criminal history record 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 obtained under Subsection (a). | ||
SECTION 3. This Act takes effect September 1, 2023. |