By Salinas H.B. No. 2239
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the use of photographs on the state's sex offender
1-3 database.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 62.02(c), Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 (c) Not later than the third day after a person's
1-8 registering, the local law enforcement authority with whom the
1-9 person registered shall send a copy of the registration form, with
1-10 the exception of the photograph to the department.
1-11 SECTION 2. Section 62.08, Code of Criminal Procedure is
1-12 amended to read as follows:
1-13 (c) The department shall use the photo image obtained
1-14 through the driver license or identification card renewal process
1-15 for purposes of posting on the central sex offender database,
1-16 including the sex offender database accessible via the department's
1-17 Internet website.
1-18 [(c)] (d) A local law enforcement authority shall release
1-19 public information described under Subsection (b) to any person who
1-20 submits to the authority a written request for the information.
1-21 The authority may charge the person a fee not to exceed the amount
1-22 reasonably necessary to cover the administrative costs associated
2-1 with the authority's release of information to the person under
2-2 this subsection.
2-3 [(d)] (e) On the written request of a licensing authority
2-4 that identifies an individual and states that the individual is an
2-5 applicant for or a holder of a license issued by the authority, the
2-6 department shall release any information described by Subsection
2-7 (a) to the licensing authority.
2-8 [(e)] (f) For the purposes of Subsection (d):
2-9 (1) "License" means a license, certificate,
2-10 registration, permit, or other authorization that:
2-11 (A) is issued by a licensing authority; and
2-12 (B) a person must obtain to practice or engage
2-13 in a particular business, occupation, or profession.
2-14 (2) "Licensing authority" means a department,
2-15 commission, board, office, or other agency of the state or a
2-16 political subdivision of the state that issues a license.
2-17 SECTION 3. Chapter 521.057, Transportation Code, is amended
2-18 by adding:
2-19 (c) Notwithstanding the provisions of Chapter 730, the
2-20 department shall include the photo image obtained through the
2-21 driver license or identification card application of an individual
2-22 who is required to register under Chapter 62, Code of Criminal
2-23 Procedure, in the sex offender database maintained by the
2-24 department and posted on the department's sex offender Internet
2-25 website. The database will be updated annually or as new photo
2-26 images are obtained on a renewal required under Sections 521.103 or
3-1 521.272.