1-1                                   AN ACT
 1-2     relating to certain criminal justice contracts and to the
 1-3     implementation, operation, and maintenance of the criminal justice
 1-4     information system.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Article 60.02(j), Code of Criminal Procedure, is
 1-7     amended to read as follows:
 1-8           (j)  At least once during each five-year period the council
 1-9     shall coordinate an examination of the records and operations of
1-10     the criminal justice information system to ensure the accuracy and
1-11     completeness of information in the system and to ensure the
1-12     promptness of information reporting. The state auditor, or other
1-13     appropriate entity selected by the council, shall conduct the
1-14     examination with the cooperation of the council, the Department of
1-15     Public Safety, and the Texas Department of Criminal Justice. The
1-16     Department of Public Safety, the council, and the Texas Department
1-17     of Criminal Justice may examine the records of the agencies
1-18     required to report information to the Department of Public Safety
1-19     or the Texas Department of Criminal Justice. The examining entity
1-20     shall submit to the legislature and the council a report that
1-21     summarizes the findings of each examination and contains
1-22     recommendations for improving the system.  Not later than the first
1-23     anniversary after the date the examining entity submits its report,
1-24     the Department of Public Safety shall report to the Legislative
 2-1     Budget Board, the governor, the state auditor, and the council on
 2-2     the department's progress in implementing the examining entity's
 2-3     recommendations, including for each recommendation not implemented
 2-4     the reason for not implementing the recommendation.  The Department
 2-5     of Public Safety shall submit a similar report each year following
 2-6     the submission of the first report until each of the examining
 2-7     entity's recommendations is implemented.
 2-8           SECTION 2.  Chapter 60, Code of Criminal Procedure, is
 2-9     amended by adding Articles 60.20 and 60.21 to read as follows:
2-10           Art. 60.20.  INFORMATION RELATED TO NON-FINGERPRINT SUPPORTED
2-11     ACTIONS. On receipt of a report of prosecution or court disposition
2-12     information from a jurisdiction for which corresponding arrest data
2-13     does not exist in the computerized criminal history system, the
2-14     Department of Public Safety shall enter the report into a
2-15     non-fingerprint supported file that is separate from the
2-16     computerized criminal history system.  The department shall grant
2-17     access to records in the non-fingerprint supported file that
2-18     include the subject's name or other identifier in the same manner
2-19     as the department is required to grant access to criminal history
2-20     record information under Subchapter F, Chapter 411, Government
2-21     Code.  On receipt of a report of arrest information that
2-22     corresponds to a record in the non-fingerprint supported file, the
2-23     department shall transfer the record from the non-fingerprint
2-24     supported file to the computerized criminal history system.
2-25           Art. 60.21.  MONITORING TRACKING; INFORMATION SUBMISSION. (a)
2-26     The Department of Information Resources shall monitor the
2-27     development of the corrections tracking system by the Texas
 3-1     Department of Criminal Justice to ensure implementation of the
 3-2     system not later than June 1, 2005.
 3-3           (b)  Not later than January 1, 2003, the Department of Public
 3-4     Safety shall:
 3-5                 (1)  develop a plan to encourage local criminal justice
 3-6     agencies to report criminal history data to the Texas Department of
 3-7     Public Safety for inclusion in the computerized criminal history
 3-8     system as required by Chapter 60, Code of Criminal Procedure; and
 3-9                 (2)  evaluate the necessity of imposing sanctions on
3-10     local criminal justice agencies that do not report criminal history
3-11     data as required by Chapter 60, Code of Criminal Procedure.
3-12           (c)  The Department of Public Safety shall:
3-13                 (1)  monitor the submission of arrest and disposition
3-14     information by local jurisdictions;
3-15                 (2)  annually submit to the Legislative Budget Board,
3-16     the governor, the state auditor, and the council a report regarding
3-17     the level of reporting by local jurisdictions; and
3-18                 (3)  identify local jurisdictions that do not report
3-19     arrest or disposition information or that partially report
3-20     information.
3-21           (d)  This article expires December 31, 2005.
3-22           SECTION 3.  Subchapter D, Chapter 411, Government Code, is
3-23     amended by adding Section 411.048 to read as follows:
3-24           Sec. 411.048.  THREATS AGAINST PEACE OFFICERS. (a)  In this
3-25     section:
3-26                 (1)  "Criminal justice agency" has the meaning assigned
3-27     by Article 60.01, Code of Criminal Procedure.
 4-1                 (2)  "Peace officer" has the meaning assigned by
 4-2     Section 1.07, Penal Code.
 4-3           (b)  The bureau of identification and records shall establish
 4-4     and maintain a central index in the law enforcement information
 4-5     system maintained by the department to:
 4-6                 (1)  collect and disseminate information relating to an
 4-7     individual's expression of intent to inflict serious bodily injury
 4-8     or death on a peace officer; and
 4-9                 (2)  alert a peace officer of an expression of intent
4-10     to inflict serious bodily injury or death on the officer.
4-11           (c)  A criminal justice agency, after making each
4-12     determination required under Subsection (d), shall immediately
4-13     enter into the information system an electronic report of an
4-14     individual who expresses an intent to inflict serious bodily injury
4-15     or death on a peace officer.  The agency shall enter the
4-16     information in the form and manner provided by rules adopted by the
4-17     director.
4-18           (d)  Before entering information collected under this section
4-19     into the information system, a criminal justice agency must
4-20     determine that the report described by Subsection (c):
4-21                 (1)  is not from an anonymous source; and
4-22                 (2)  consists of an expression of intent to inflict
4-23     serious bodily injury or death on a peace officer.
4-24           (e)  On proper inquiry into the information system, the
4-25     department shall disseminate information collected under this
4-26     section to a criminal justice agency as reasonably necessary to
4-27     protect the safety of a peace officer.  The criminal justice agency
 5-1     may use information disseminated under this subsection in the
 5-2     manner provided by rules adopted by the director.
 5-3           (f)  The department shall promptly respond to a request to
 5-4     disclose information collected under this section by an individual
 5-5     who is the subject of the information.
 5-6           (g)  An individual who is the subject of information
 5-7     collected under this section may request that the director, the
 5-8     director's designee, or a court review the information to determine
 5-9     whether the information complies with rules adopted by the
5-10     director.  The review shall be conducted using the same procedure
5-11     for reviewing criminal information collected under Chapter 61, Code
5-12     of Criminal Procedure.
5-13           (h)  A peace officer or criminal justice agency is not liable
5-14     for an act or omission relating to the collection, use, or
5-15     dissemination of information collected under this section in
5-16     accordance with rules adopted by the director.
5-17           (i)  The director may adopt rules to implement and enforce
5-18     this section.  Any rule adopted by the director under this section
5-19     must comply with the provisions of the Code of Federal Regulations,
5-20     Title 28, Part 23, as it applies to criminal intelligence systems.
5-21           SECTION 4. Sections 411.083(b) and (c), Government Code, are
5-22     amended to read as follows:
5-23           (b)  The department shall grant access to criminal history
5-24     record information to:
5-25                 (1)  criminal justice agencies;
5-26                 (2)  noncriminal justice agencies authorized by federal
5-27     statute or executive order or by state statute to receive criminal
 6-1     history record information;
 6-2                 (3)  the person who is the subject of the criminal
 6-3     history record information;
 6-4                 (4)  a person working on a research or statistical
 6-5     project that:
 6-6                       (A)  is funded in whole or in part by state
 6-7     funds; or
 6-8                       (B)  meets the requirements of Part 22, Title 28,
 6-9     Code of Federal Regulations, and is approved by the department;
6-10     [and]
6-11                 (5)  an individual or an agency that has a specific
6-12     agreement with a criminal justice agency to provide services
6-13     required for the administration of criminal justice under that
6-14     agreement, if the agreement:
6-15                       (A)  specifically authorizes access to
6-16     information;
6-17                       (B)  limits the use of information to the
6-18     purposes for which it is given;
6-19                       (C)  ensures the security and confidentiality of
6-20     the information; and
6-21                       (D)  provides for sanctions if a requirement
6-22     imposed under Paragraph (A), (B), or (C) is violated;
6-23                 (6)  a county or district clerk's office; and
6-24                 (7)  the Office of Court Administration of the Texas
6-25     Judicial System.
6-26           (c)  The department may disseminate criminal history record
6-27     information under Subsection (b)(1) only for a criminal justice
 7-1     purpose.  The department may disseminate criminal history record
 7-2     information under Subsection (b)(2) only for a purpose specified in
 7-3     the statute or order.  The department may disseminate criminal
 7-4     history record information under Subsection (b)(4) or (b)(5) only
 7-5     for a purpose approved by the department and only under rules
 7-6     adopted by the department.  The department may disseminate criminal
 7-7     history record information under Subsection (b)(6) only to the
 7-8     extent necessary for a county or district clerk to perform a duty
 7-9     imposed by law to collect and report criminal court disposition
7-10     information.  Criminal history record information disseminated to a
7-11     clerk under Subsection (b)(6) may be used by the clerk only to
7-12     ensure that information reported by the clerk to the department is
7-13     accurate and complete.  The dissemination of information to a clerk
7-14     under Subsection (b)(6) does not affect the authority of the clerk
7-15     to disclose or use information submitted by the clerk to the
7-16     department.  The department may disseminate criminal history record
7-17     information under Subsection (b)(7) only to the extent necessary
7-18     for the office of court administration to perform a duty imposed by
7-19     law to compile court statistics or prepare reports.  The office of
7-20     court administration may disclose criminal history record
7-21     information obtained from the department under Subsection (b)(7) in
7-22     a statistic compiled by the office or a report prepared by the
7-23     office, but only in a manner that does not identify the person who
7-24     is the subject of the information.
7-25           SECTION 5.  Subchapter A, Chapter 495, Government Code, is
7-26     amended by adding Section 495.008 to read as follows:
7-27           Sec. 495.008.  AUDITING AND MONITORING CONTRACTS. (a)  The
 8-1     department shall develop a comprehensive methodology for enhanced
 8-2     auditing and monitoring of all facilities operated under contract
 8-3     with the department that house inmates of the department and
 8-4     releasees under the supervision of the department.  To achieve this
 8-5     objective, the department shall first review existing auditing,
 8-6     monitoring, and oversight capabilities of the department to
 8-7     determine what further procedures and resources are necessary to
 8-8     achieve this goal.
 8-9           (b)  The department shall ensure that all new and renewed
8-10     contracts described by Subsection (a) include:
8-11                 (1)  a provision that the department or a designee of
8-12     the department may conduct periodic contract compliance reviews,
8-13     without advance notice, to monitor vendor performance;
8-14                 (2)  minimum acceptable standards of performance
8-15     prescribed by the department that include provisions regarding the
8-16     health, safety, and welfare of inmates and releasees;
8-17                 (3)  a provision that if a review determines that a
8-18     vendor is not in compliance with the contract, the department may
8-19     require that the vendor's per diem compensation be withheld until
8-20     the vendor meets contract requirements or the vendor is replaced;
8-21                 (4)  a provision requiring a vendor not in compliance
8-22     with the contract to implement a plan of corrective action approved
8-23     by the department; and
8-24                 (5)  a provision under which the state is indemnified
8-25     for costs of litigation and for any damages in lawsuits alleging
8-26     that the health, safety, or welfare of an inmate or releasee in a
8-27     contract facility is not protected.
 9-1           (c)  The department shall complete at least one enhanced
 9-2     audit for each facility described by Subsection (a), without regard
 9-3     to whether the facility is operated by a public or  private vendor.
 9-4     The enhanced audit must include an enhanced contract compliance
 9-5     review of any vendors hired by a community supervision and
 9-6     corrections department to operate a facility.
 9-7           (d)  The department, in conjunction with an advisory
 9-8     committee composed of state officials and private officials from
 9-9     within the industry, shall adopt rules to implement  the
9-10     requirements of this section.
9-11           (e)  The department shall develop an appeals process,
9-12     incorporated by reference into all new and renewed contracts, under
9-13     which a vendor may appeal any imposed sanction under the contract,
9-14     with the appeals process including the right to a formal hearing
9-15     and a right to a final determination by the board.
9-16           (f)  The department shall submit a report to the governor and
9-17     the Legislative Budget Board not later than January 1, 2003,
9-18     describing its efforts to implement the requirements of this
9-19     section.  The report must include a summary of contracts and
9-20     vendors, compliance reviews conducted, incidents of contract
9-21     noncompliance, sanctions imposed, corrective actions taken, and
9-22     current contract status. This subsection expires February 1, 2003.
9-23           SECTION 6.  Section 552.108(a), Government Code, is amended
9-24     to read as follows:
9-25           (a)  Information held by a law enforcement agency or
9-26     prosecutor that deals with the detection, investigation, or
9-27     prosecution of crime is excepted from the requirements of Section
 10-1    552.021 if:
 10-2                (1)  release of the information would interfere with
 10-3    the detection, investigation, or prosecution of crime;
 10-4                (2)  it is information that deals with the detection,
 10-5    investigation, or prosecution of crime only in relation to an
 10-6    investigation that did not result in conviction or deferred
 10-7    adjudication; [or]
 10-8                (3)  it is information relating to a threat against a
 10-9    peace officer collected or disseminated under Section 411.048; or
10-10                (4)  it is information that:
10-11                      (A)  is prepared by an attorney representing the
10-12    state in anticipation of or in the course of preparing for criminal
10-13    litigation; or
10-14                      (B)  reflects the mental impressions or legal
10-15    reasoning of an attorney representing the state.
10-16          SECTION 7.  Article 60.02(j), Code of Criminal Procedure, as
10-17    amended by this Act, applies only to recommendations made in a
10-18    report submitted by the state auditor or other examining entity
10-19    under that article on or after the effective date of this Act.
10-20          SECTION 8.  Not later than October 1, 2001, the Texas
10-21    Department of Public Safety shall transfer from the computerized
10-22    criminal history system maintained by the department under Chapter
10-23    60, Code of Criminal Procedure, all records of prosecution or court
10-24    disposition information for which corresponding arrest data does
10-25    not exist in the system to a non-fingerprint supported file as
10-26    required by Article 60.20, Code of Criminal Procedure, as added by
10-27    this Act.
 11-1          SECTION 9.  This Act takes effect immediately if it receives
 11-2    a vote of two-thirds of all the members elected to each house, as
 11-3    provided by Section 39, Article III, Texas Constitution.  If this
 11-4    Act does not receive the vote necessary for immediate effect, this
 11-5    Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 776 was passed by the House on May 4,
         2001, by a non-record vote; and that the House concurred in Senate
         amendments to H.B. No. 776 on May 21, 2001, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 776 was passed by the Senate, with
         amendments, on May 17, 2001, by the following vote:  Yeas 30, Nays
         0, 1 present, not voting.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor