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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation of the Texas Data Exchange or any other |
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similar comprehensive intelligence database. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 421.003, Government Code, is amended to |
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read as follows: |
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Sec. 421.003. CRIMINAL INTELLIGENCE INFORMATION; DATABASE |
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MAINTENANCE. (a) The Department of Public Safety of the State of |
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Texas is: |
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(1) the repository in this state for the collection of |
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multijurisdictional criminal intelligence information that is |
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about terrorist activities or otherwise related to homeland |
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security activities; and |
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(2) the state agency that has sole [primary] |
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responsibility to analyze and disseminate that information. |
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(b) Notwithstanding Section 421.002 or any other law, the |
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Department of Public Safety of the State of Texas is the only state |
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agency or state governmental entity that is authorized to develop, |
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maintain, operate, and control access to the Texas Data Exchange or |
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any other similar comprehensive intelligence database. |
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SECTION 2. Subchapter A, Chapter 421, Government Code, is |
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amended by adding Section 421.005 to read as follows: |
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Sec. 421.005. CERTAIN CONTRACTS PROHIBITED; CERTAIN |
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COOPERATION REQUIRED. (a) The governor may not contract with a |
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private entity to develop, maintain, or operate the Texas Data |
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Exchange or any other similar comprehensive intelligence database. |
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(b) The governor shall cooperate with the Department of |
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Public Safety of the State of Texas to: |
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(1) transfer to the department control of the Texas |
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Data Exchange or any other similar comprehensive intelligence |
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database and any information contained in the Texas Data Exchange |
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or any other similar comprehensive intelligence database; and |
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(2) enable the department to maintain and operate the |
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Texas Data Exchange or any other similar comprehensive intelligence |
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database. |
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SECTION 3. (a) A contract that violates Section 421.005(a), |
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Government Code, as added by this Act, is terminated as of the |
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effective date of this Act, regardless of whether the contract was |
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executed before, on, or after the effective date of this Act. |
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(b) A private entity with which the governor has entered a |
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contract that violates Section 421.005(a), Government Code, as |
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added by this Act, shall, not later than the 10th day after the |
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effective date of this Act: |
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(1) transfer control of any information contained in |
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the Texas Data Exchange or any other similar comprehensive |
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intelligence database to the Department of Public Safety of the |
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State of Texas; and |
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(2) delete any information described by Subdivision |
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(1) from any and all data warehousing or data retention tools or |
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instruments used by the entity. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |