| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
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. |
|
|
|
|
|
* * * * * |