Enrolled Bill Summary

Senate Bill 1289	Senate Author:  Williams
Effective:  9-1-13	House Sponsor:  Bohac

            Senate Bill 1289 amends the Business & Commerce Code to set out provisions relating to the regulation of business entities that publish criminal record information and that require the payment of a fee in an amount of $150 or more or other consideration of comparable value to remove criminal record information or payment of a fee or other consideration to correct or modify criminal record information. The bill requires a business entity to ensure that criminal record information the entity publishes is complete and accurate and establishes criteria for such information to be considered complete and accurate.

Senate Bill 1289 requires a business entity to publish certain contact information to enable a person who is the subject of criminal record information published by the entity to dispute the completeness and accuracy of the information. The bill requires a business entity that receives such a dispute to verify the disputed information without charge and sets a deadline by which such an investigation must be completed. If the business entity finds incomplete or inaccurate criminal record information after conducting the investigation, the bill requires the entity to remove the inaccurate information from the website or other publication or promptly correct the information without charge. The bill requires a business entity to provide written notice to the person who disputed the information's completeness or accuracy of the results of the investigation not later than the fifth business day after the investigation's completion date.

            Senate Bill 1289 prohibits a business entity from publishing any criminal record information in the entity's possession with respect to which the entity has knowledge or has received notice that an order of expunction or an order of nondisclosure has been issued. The bill makes a business entity that publishes information in violation of that prohibition civilly liable to the individual who is the subject of that information and authorizes a court to grant injunctive relief to prevent or restrain a violation of the prohibition.

            Senate Bill 1289 makes a business entity that publishes criminal record information in violation of the bill's provisions liable to the state for a civil penalty and authorizes the attorney general or an appropriate prosecuting attorney to bring suit to collect the penalty. The bill also authorizes the attorney general to bring an action to restrain or enjoin a violation or threatened violation of the bill's provisions.