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.