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.