77R11683 KEL-D                           
         By Salinas                                            H.B. No. 2239
         Substitute the following for H.B. No. 2239:
         By Turner of Coleman                              C.S.H.B. No. 2239
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the use of certain photographs for purposes of the sex
 1-3     offender database maintained by the Department of Public Safety.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Article 62.08, Code of Criminal Procedure, is
 1-6     amended to read as follows:
 1-7           Art. 62.08.  CENTRAL DATABASE;  PUBLIC INFORMATION. (a)  The
 1-8     department shall maintain a computerized central database
 1-9     containing only the information required for registration under
1-10     this chapter.
1-11           (b)  The information contained in the database is public
1-12     information, with the exception of any information:
1-13                 (1)  regarding the person's social security number,
1-14     driver's license number, or telephone number;
1-15                 (2)  that is required by the department under Article
1-16     62.02(b)(5); or
1-17                 (3)  that would identify the victim of the offense for
1-18     which the person is subject to registration.
1-19           (c)  Notwithstanding Chapter 730, Transportation Code, the
1-20     department shall maintain in the database, and shall post on any
1-21     department website related to the database, any photograph of the
1-22     person that is available through the process for obtaining or
1-23     renewing a personal identification certificate or driver's license
1-24     under Section 521.103 or 521.272, Transportation Code.  The
 2-1     department shall update the photograph in the database and on the
 2-2     website annually or as the photograph otherwise becomes available
 2-3     through the renewal process for the certificate or license.
 2-4           (d)  A local law enforcement authority shall release public
 2-5     information described under Subsection (b) to any person who
 2-6     submits to the authority a written request for the information. The
 2-7     authority may charge the person a fee not to exceed the amount
 2-8     reasonably necessary to cover the administrative costs associated
 2-9     with the authority's release of information to the person under
2-10     this subsection.
2-11           (e) [(d)]  On the written request of a licensing authority
2-12     that identifies an individual and states that the individual is an
2-13     applicant for or a holder of a license issued by the authority, the
2-14     department shall release any information described by Subsection
2-15     (a)  to the licensing authority.
2-16           (f) [(e)]  For the purposes of Subsection (e) [(d)]:
2-17                 (1)  "License" means a license, certificate,
2-18     registration, permit, or other authorization that:
2-19                       (A)  is issued by a licensing authority; and
2-20                       (B)  a person must obtain to practice or engage
2-21     in a particular business, occupation, or profession.
2-22                 (2)  "Licensing authority" means a department,
2-23     commission, board, office, or other agency of the state or a
2-24     political subdivision of the state that issues a license.
2-25           SECTION 2.  This Act takes effect immediately if it receives
2-26     a vote of two-thirds of all the members elected to each house, as
2-27     provided by Section 39, Article III, Texas Constitution.  If this
 3-1     Act does not receive the vote necessary for immediate effect, this
 3-2     Act takes effect September 1, 2001.