By Najera                                              H.B. No. 195
         77R1971 KEL-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the collection of information identifying persons who
 1-3     are suspected or convicted of committing certain property offenses
 1-4     against elderly individuals.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Subchapter D, Chapter 411, Government Code, is
 1-7     amended by adding Section 411.051 to read as follows:
 1-8           Sec. 411.051.  INFORMATION IDENTIFYING PERSONS SUSPECTED OR
 1-9     CONVICTED OF COMMITTING CERTAIN PROPERTY OFFENSES AGAINST ELDERLY
1-10     INDIVIDUALS. (a)  The department shall establish and maintain a
1-11     central repository for the collection of information identifying
1-12     any person who is suspected or convicted of committing an offense
1-13     under Chapter 31 or 32, Penal Code, against an elderly individual
1-14     as defined by Section 22.04(c), Penal Code, with the victim's
1-15     status as an elderly individual determined according to the time of
1-16     the offense.
1-17           (b)  Subject to availability of information, the department
1-18     shall maintain for each person described by Subsection (a) the
1-19     following information in the repository:
1-20                 (1)  the person's full name, each alias, date of birth,
1-21     sex, race, height, weight, eye color, hair color, social security
1-22     number, driver's license number, and home address;
1-23                 (2)  a photograph of the person and a complete set of
1-24     the person's fingerprints;
 2-1                 (3)  the age of the person's alleged or actual victim
 2-2     and, if applicable, the date of the person's conviction and the
 2-3     punishment received; and
 2-4                 (4)  if applicable, an indication as to whether the
 2-5     person is confined, discharged, paroled, or released on community
 2-6     supervision or mandatory supervision.
 2-7           (c)  A law enforcement agency that suspects or a court that
 2-8     convicts a person of committing an offense under Chapter 31 or 32,
 2-9     Penal Code, against an elderly individual shall each report that
2-10     suspicion or conviction to the department in the form and manner
2-11     and at regular intervals as prescribed by rules adopted by the
2-12     department.
2-13           (d)  The department shall make information collected under
2-14     this section available to any local law enforcement agency,
2-15     political subdivision, or state agency to the extent the
2-16     information is reasonably necessary or useful to the agency or
2-17     subdivision in carrying out duties imposed by law on the agency or
2-18     subdivision.  This subsection may not be construed to limit access
2-19     to information if permitted by other law.  Dissemination of
2-20     information under this subsection is subject to all confidentiality
2-21     requirements imposed by other law.
2-22           SECTION 2. The Department of Public Safety of the State of
2-23     Texas shall establish the rules and procedures necessary to comply
2-24     with Section 411.051, Government Code, as added by this Act, not
2-25     later than October 1, 2001.
2-26           SECTION 3. This Act takes effect September 1, 2001.