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A BILL TO BE ENTITLED
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AN ACT
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relating to sealing of court records containing identifying |
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financial information or personal identifying information. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 23, Government Code, is amended by |
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adding Subchapter D to read as follows: |
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SUBCHAPTER D. SEALING OF RECORDS CONTAINING IDENTIFYING FINANCIAL |
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INFORMATION OR PERSONAL IDENTIFYING INFORMATION |
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Sec. 23.251. DEFINITIONS. In this subchapter: |
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(1) "Identifying financial information" means a tax |
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identification number or information, other than an individual's |
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name or address, that can be used to access an account at a bank, |
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brokerage firm, or other financial institution, including an |
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account number or a verification of that account number. |
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(2) "Personal identifying information" has the |
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meaning assigned by Section 72.001, Business & Commerce Code. |
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Sec. 23.252. SEALING OF RECORDS. (a) On motion of a |
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person, including a party or a victim, whose identifying financial |
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information or personal identifying information is included in the |
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court's record, the court shall seal the information unless the |
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court finds good cause not to seal the information. |
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(b) The court's records sealed under this subchapter are not |
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open for inspection by any person except: |
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(1) on further order of the court after notice to the |
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person whose information is sealed and a finding of good cause; or |
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(2) in connection with a criminal or civil proceeding |
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as otherwise provided by law. |
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SECTION 2. The change in law made by this Act applies only |
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to a motion to seal records made on or after the effective date of |
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this Act. A motion to seal records made before the effective date |
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of this Act is governed by the law in effect immediately before the |
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effective date of this Act, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. 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, 2009. |