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A BILL TO BE ENTITLED
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AN ACT
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relating to criminal history record information for certain special |
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master, magistrate, referee, or other court official applicants |
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appointed or employed by state judges. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 54, Government Code, is amended by |
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adding Subchapter A to read as follows: |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 54.001. CRIMINAL HISTORY RECORD INFORMATION |
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REQUIREMENTS FOR CERTAIN APPLICANTS. (a) This section applies to |
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an applicant seeking appointment or employment under this chapter |
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in a court of this state as a special master, magistrate, referee, |
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or other court official who assesses or determines the eligibility |
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or amount of bail for a criminal defendant. |
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(b) A court shall require an applicant for a position |
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described by Subsection (a) to submit a complete and legible set of |
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fingerprints, on a form prescribed by the Office of Court |
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Administration of the Texas Judicial System, to the court or to the |
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Department of Public Safety for the purpose of obtaining criminal |
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history record information from the Department of Public Safety and |
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the Federal Bureau of Investigation. |
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(c) A court may not appoint or employ an applicant for a |
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position described by Subsection (a) unless the court conducts a |
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criminal history record check of the applicant using information: |
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(1) provided by the applicant under this section; and |
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(2) made available to the court by the Department of |
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Public Safety, the Federal Bureau of Investigation, and any other |
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criminal justice agency under Subchapter F, Chapter 411. |
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(d) A court may: |
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(1) enter into an agreement with the Department of |
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Public Safety to administer criminal history record checks required |
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under this section; and |
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(2) authorize the Department of Public Safety to |
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collect from each applicant the costs incurred by the department in |
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conducting the criminal history record check. |
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SECTION 2. Subchapter F, Chapter 411, Government Code, is |
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amended by adding Section 411.14085 to read as follows: |
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Sec. 411.14085. ACCESS TO CRIMINAL HISTORY RECORD |
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INFORMATION: COURTS WITH CRIMINAL JURISDICTION. (a) A district |
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court, constitutional county court, statutory county court, |
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justice court, or municipal court with jurisdiction over criminal |
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cases is entitled to obtain from the department as authorized under |
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Section 54.001 criminal history record information maintained by |
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the department that relates to an applicant for appointment or |
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employment as a special master, magistrate, referee, or other court |
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official who assesses or determines the eligibility or amount of |
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bail for a criminal defendant for that court. |
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(b) Criminal history record information obtained by the |
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court under Subsection (a) may be used only to evaluate an |
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applicant. |
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(c) The court may not release or disclose information |
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obtained under Subsection (a) except with the consent of the person |
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who is the subject of the criminal history record information. |
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(d) After the expiration of any probationary term of the |
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person's appointment or employment, the court shall destroy all |
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criminal history record information obtained under Subsection (a). |
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SECTION 3. This Act takes effect September 1, 2023. |