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A BILL TO BE ENTITLED
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AN ACT
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relating to collection, storage, and distribution of criminal |
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history record information; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 60.01 through 60.21, Code of Criminal |
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Procedure, are designated as Subchapter A, Chapter 60, Code of |
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Criminal Procedure, and a heading is added to Subchapter A to read |
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as follows: |
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SUBCHAPTER A. INFORMATION SYSTEMS AND DATA COLLECTION |
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SECTION 2. Article 60.01, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 60.01. DEFINITIONS. In this subchapter [chapter]: |
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(1) "Administration of criminal justice" means the |
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performance of any of the following activities: detection, |
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apprehension, detention, pretrial release, post-trial release, |
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prosecution, adjudication, correctional supervision, or |
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rehabilitation of an offender. The term includes criminal |
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identification activities and the collection, storage, and |
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dissemination of criminal history record information. |
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(2) "Appeal" means the review of a decision of a lower |
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court by a superior court other than by collateral attack. |
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(3) "Computerized criminal history system" means the |
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data base containing arrest, disposition, and other criminal |
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history maintained by the Department of Public Safety. |
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(4) "Corrections tracking system" means the data base |
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maintained by the Texas Department of Criminal Justice on all |
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offenders under its supervision. |
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(5) "Council" means the Criminal Justice Policy |
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Council. |
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(6) "Criminal justice agency" means a federal or state |
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agency that is engaged in the administration of criminal justice |
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under a statute or executive order and allocates a substantial part |
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of its annual budget to the administration of criminal justice. |
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(7) "Criminal justice information system" means the |
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computerized criminal history system and the corrections tracking |
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system. |
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(8) "Disposition" means an action that results in the |
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termination, transfer to another jurisdiction, or indeterminate |
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suspension of the prosecution of a criminal charge. |
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(9) "Incident number" means a unique number assigned |
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to a specific person during a specific arrest. |
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(10) "Offender" means any person who is assigned an |
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incident number. |
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(11) "Offense code" means a numeric code for each |
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offense category. |
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(12) "Rejected case" means: |
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(A) a charge that, after the arrest of the |
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offender, the prosecutor declines to include in an information or |
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present to a grand jury; or |
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(B) an information or indictment that, after the |
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arrest of the offender, the prosecutor refuses to prosecute. |
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(13) "Release" means the termination of jurisdiction |
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over an individual by the criminal justice system. |
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(14) "State identification number" means a unique |
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number assigned by the Department of Public Safety to each person |
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whose name appears in the criminal justice information system. |
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(15) "Uniform incident fingerprint card" means a |
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multiple part form containing a unique incident number with space |
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for information relating to the charge or charges for which a person |
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is being arrested, the person's fingerprints, and other information |
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relevant to the arrest. |
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(16) "Electronic means" means the transmission of data |
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between word processors, data processors, or similar automated |
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information equipment over dedicated cables, commercial lines, or |
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other similar methods of transmission. |
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SECTION 3. Article 60.02(d), Code of Criminal Procedure, is |
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amended to read as follows: |
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(d) The data bases must contain the information required by |
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this subchapter [chapter]. |
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SECTION 4. Article 60.04(b), Code of Criminal Procedure, is |
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amended to read as follows: |
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(b) A discrete submission of information under any article |
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of this subchapter [chapter] must contain, in conjunction with |
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information required, the defendant's name and state |
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identification number. |
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SECTION 5. Article 60.06(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) Each criminal justice agency shall: |
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(1) compile and maintain records needed for reporting |
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data required by the Texas Department of Criminal Justice and the |
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Department of Public Safety; |
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(2) transmit to the Texas Department of Criminal |
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Justice and the Department of Public Safety, when and in the manner |
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the Texas Department of Criminal Justice and the Department of |
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Public Safety direct, all data required by the Texas Department of |
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Criminal Justice and the Department of Public Safety; |
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(3) give the Department of Public Safety and the Texas |
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Department of Criminal Justice or their accredited agents access to |
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the agency for the purpose of inspection to determine the |
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completeness and accuracy of data reported; |
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(4) cooperate with the Department of Public Safety and |
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the Texas Department of Criminal Justice so that the Department of |
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Public Safety and the Texas Department of Criminal Justice may |
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properly and efficiently perform their duties under this subchapter |
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[chapter]; and |
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(5) cooperate with the Department of Public Safety and |
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the Texas Department of Criminal Justice to identify and eliminate |
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redundant reporting of information to the criminal justice |
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information system. |
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SECTION 6. Article 60.08(d), Code of Criminal Procedure, is |
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amended to read as follows: |
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(d) Except as otherwise required by applicable state laws or |
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regulations, information or data required by this subchapter |
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[chapter] to be reported to the Texas Department of Criminal |
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Justice or the Department of Public Safety shall be reported |
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promptly but not later than the 30th day after the date on which the |
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information or data is received by the agency responsible for |
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reporting it except in the case of an arrest. An offender's arrest |
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shall be reported to the Department of Public Safety not later than |
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the seventh day after the date of the arrest. |
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SECTION 7. Article 60.21(c), Code of Criminal Procedure, is |
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amended to read as follows: |
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(c) The report described by Subsection (b)(2) must contain a |
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disposition completeness percentage for each county in this |
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state. For purposes of this subsection, "disposition completeness |
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percentage" means the percentage of arrest charges a county reports |
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to the Department of Public Safety to be entered in the computerized |
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criminal history system under this subchapter [chapter] that were |
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brought against a person in the county for which a disposition has |
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been subsequently reported and entered into the computerized |
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criminal history system. |
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SECTION 8. Chapter 60, Code of Criminal Procedure, is |
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amended by adding Subchapter B to read as follows: |
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SUBCHAPTER B. PROVIDERS OF CRIMINAL |
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HISTORY RECORD INFORMATION |
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Art. 60.51. DEFINITIONS. In this subchapter: |
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(1) "Department" means the Department of Public |
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Safety. |
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(2) "Fee" means anything of value, including valuable |
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consideration or a service or the promise of valuable consideration |
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or a service, directly or indirectly received by a provider of |
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criminal history record information as payment for the information. |
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(3) "License" means a license under this subchapter to |
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distribute criminal history record information. |
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Art. 60.52. LICENSE REQUIRED. (a) A person may not |
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distribute criminal history record information for a fee unless the |
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person holds a license. |
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(b) The department shall adopt rules that: |
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(1) establish the requirements for a person to be |
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licensed to engage in the business of distributing criminal history |
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record information for a fee; and |
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(2) govern the administration of this subchapter. |
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Art. 60.53. LICENSE APPLICATION. The department by rule |
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shall determine the types of information to be included in an |
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application for a license on a form prescribed by the director. |
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Art. 60.54. APPLICATION FEE. The department may impose a |
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fee for a license in an amount sufficient to cover the costs |
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incurred by the department in administering this subchapter. |
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Art. 60.55. DENIAL OF APPLICATION; NOTICE. (a) The |
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department may deny an application for a license if the applicant |
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has previously had a license issued under this subchapter revoked. |
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(b) The department shall send written notice of the decision |
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to the applicant at the address shown on the application by |
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certified mail, return receipt requested. The notice must state |
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the reason for the department's decision. |
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Art. 60.56. TERM OF LICENSE; NOTICE OF EXPIRATION. (a) A |
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license is valid for the period set by the department. |
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(b) Not later than the 30th day before the expiration date |
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of a person's license, the department shall send written notice of |
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the impending license expiration to the person at the person's last |
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known address according to the department's records. |
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Art. 60.57. PROCEDURE FOR RENEWAL. (a) A person may apply |
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to the department to renew the person's license. The application |
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for renewal must be: |
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(1) made on a form approved by the department; |
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(2) submitted to the department before the expiration |
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date of the license; and |
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(3) accompanied by a nonrefundable fee. |
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(b) A person whose license expires and is not renewed under |
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this article may apply for a new license under Article 60.53. |
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Art. 60.58. PERIODIC INSPECTIONS. (a) The department may |
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enter and inspect at any time during business hours: |
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(1) the place of business of any person regulated |
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under this subchapter; or |
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(2) any place in which the department has reasonable |
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cause to believe that a person is violating this subchapter or a |
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department rule or order. |
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(b) At least once every two years, the department shall |
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inspect the place of business of each license holder. |
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(c) The department shall conduct additional inspections |
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based on a schedule of risk-based inspections using the following |
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criteria: |
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(1) any history of violations involving the business; |
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and |
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(2) any other factor determined by the department by |
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rule. |
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(d) The license holder shall pay a fee for each risk-based |
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inspection performed under Subsection (c). The department by rule |
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shall set the amount of the fee. |
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Art. 60.59. PERSONNEL. The department may employ personnel |
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necessary to administer and enforce this subchapter. |
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Art. 60.60. DISTRIBUTION OF CERTAIN CRIMINAL HISTORY RECORD |
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INFORMATION. A person may not compile or distribute criminal |
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history record information for which the person has received notice |
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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), Government Code. |
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Art. 60.61. DISCIPLINARY ACTION. (a) The department may |
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suspend or revoke a license or place the license holder on probation |
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for a violation of this subchapter or a rule adopted under this |
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subchapter. |
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(b) A proceeding under this article is subject to Chapter |
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2001, Government Code. |
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Art. 60.62. CIVIL PENALTY. (a) Except as provided by |
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Subsection (b), a person who violates this subchapter or a rule |
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adopted under this subchapter is liable to the state for a civil |
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penalty in an amount not to exceed $100 for each violation. |
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(b) The department may issue a warning to a person for the |
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first violation of Article 60.60. After receiving a warning for the |
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first violation, the person is liable to the state for a civil |
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penalty not to exceed $1,000 for each subsequent violation. |
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(c) The attorney general or an appropriate prosecuting |
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attorney may sue to collect a civil penalty under this article. |
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(d) A civil penalty collected under this article shall be |
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deposited in the state treasury to the credit of the general revenue |
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fund. |
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Art. 60.63. ADMINISTRATIVE PENALTY. (a) The department may |
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impose an administrative penalty on a person regardless of whether |
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the person holds a license if the person violates this subchapter or |
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a rule adopted under this subchapter. |
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(b) The amount of the penalty may not exceed $100, and each |
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day a violation continues or occurs is a separate violation for the |
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purpose of imposing a penalty. The amount shall be based on: |
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(1) the seriousness of the violation, including the |
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nature, circumstances, extent, and gravity of the violation; |
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(2) the harm caused by the violation; |
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(3) the history of previous violations; |
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(4) the amount necessary to deter a future violation; |
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(5) efforts to correct the violation; and |
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(6) any other matter that justice may require. |
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(c) The enforcement of the penalty may be stayed during the |
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time the order is under judicial review if the person pays the |
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penalty to the clerk of the court or files a supersedeas bond with |
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the court in the amount of the penalty. A person who cannot afford |
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to pay the penalty or file the bond may stay the enforcement by |
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filing an affidavit in the manner required by the Texas Rules of |
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Civil Procedure for a party who cannot afford to file security for |
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costs, subject to the right of the board to contest the affidavit as |
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provided by those rules. |
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(d) The attorney general may sue to collect the penalty. |
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(e) A proceeding to impose the penalty is a contested case |
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under Chapter 2001, Government Code. |
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SECTION 9. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect September 1, 2011. |
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(b) Articles 60.52(a), 60.61, 60.62, and 60.63, Code of |
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Criminal Procedure, as added by this Act, take effect January 1, |
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2012. |