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A BILL TO BE ENTITLED
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AN ACT
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relating to reporting of and access to information about civil |
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judgments arising out of certain conduct involving harm to a child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 51, Government Code, is |
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amended by adding Section 51.323 to read as follows: |
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Sec. 51.323. REPORTING OF CERTAIN JUDGMENTS TO DEPARTMENT |
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OF PUBLIC SAFETY. The clerk of a district court shall report to the |
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Department of Public Safety the name and address of any person |
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against whom the court has entered a civil judgment for conduct: |
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(1) that is a violation of a law described by Article |
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62.001(5), Code of Criminal Procedure, or that is an offense under |
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Chapter 22, Penal Code; and |
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(2) the victim or intended victim of which is a child |
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younger than 17 years of age. |
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SECTION 2. Subchapter E, Chapter 51, Government Code, is |
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amended by adding Section 51.405 to read as follows: |
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Sec. 51.405. REPORTING OF CERTAIN JUDGMENTS TO DEPARTMENT |
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OF PUBLIC SAFETY. The clerk of a statutory county court or county |
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court at law shall report to the Department of Public Safety the |
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name and address of any person against whom the court has entered a |
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civil judgment for conduct: |
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(1) that is a violation of a law described by Article |
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62.001(5), Code of Criminal Procedure, or that is an offense under |
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Chapter 22, Penal Code; and |
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(2) the victim or intended victim of which is a child |
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younger than 17 years of age. |
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SECTION 3. Chapter 411, Government Code, is amended by |
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adding Subchapter M to read as follows: |
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SUBCHAPTER M. CIVIL JUDGMENT RECORD INFORMATION |
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Sec. 411.401. CENTRAL DATABASE; DISSEMINATION OF |
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INFORMATION. (a) The department shall maintain a computerized |
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central database containing the information required to be reported |
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by district and county court clerks under Sections 51.323 and |
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51.405. |
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(b) The information contained in the database shall be made |
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available to a person described by Subsection (c), with the |
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exception of any information: |
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(1) regarding any person's social security number, |
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driver's license number, or telephone number; or |
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(2) that would identify the victim of the conduct |
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giving rise to the civil judgment. |
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(c) A person entitled to another person's criminal history |
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record information under a statute is entitled to the other |
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person's civil judgment record information under this section. |
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(d) Information obtained under this section may be used only |
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for the purpose for which the recipient may use the person's |
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criminal history record information. A recipient of information |
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under this section: |
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(1) may not release or disclose the information except |
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under circumstances in which the person would be authorized to |
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release the person's criminal history record information; and |
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(2) if the recipient would be required to destroy a |
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person's criminal history record information after a certain event, |
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shall destroy the person's civil judgment record information |
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received under this section after the same event. |
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SECTION 4. Sections 51.323 and 51.405, Government Code, as |
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added by this Act, apply only to a judgment entered on or after the |
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effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2007. |