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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of civil liability and injunctive |
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relief for the dissemination of certain criminal history record |
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information. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter F, Chapter 411, Government Code, is |
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amended by adding Section 411.0853 to read as follows: |
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Sec. 411.0853. DISSEMINATION OF CERTAIN CRIMINAL HISTORY |
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RECORD INFORMATION PROHIBITED; CIVIL LIABILITY. (a) Except as |
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otherwise provided by this subchapter, a person may not disseminate |
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any criminal history record information in the person's possession |
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with respect to which the person has knowledge or has received |
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notice that: |
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(1) an order of expunction has been issued under |
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Article 55.02, Code of Criminal Procedure; or |
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(2) an order of nondisclosure has been issued under |
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Section 411.081(d) or (f-1). |
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(b) A person that disseminates information in violation of |
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Subsection (a) is liable to the individual who is the subject of the |
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information in an amount not to exceed $25,000 for each separate |
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violation and, in the case of a continuing violation, $5,000 for |
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each subsequent day on which the violation occurs. |
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(c) In an action brought under this section, the court may |
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grant injunctive relief to prevent or restrain a violation of this |
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section. |
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(d) An individual who prevails in an action brought under |
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this section is also entitled to recover court costs and reasonable |
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attorney's fees. |
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SECTION 2. The changes in law made by this Act apply to the |
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release of criminal history record information on or after the |
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effective date of this Act, regardless of whether the criminal |
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offense to which the information relates is committed before, on, |
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or after that date. |
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SECTION 3. This Act takes effect September 1, 2011. |