82R5949 JSC-D
 
  By: West S.B. No. 417
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the disclosure by a court of criminal history record
  information that is the subject of an order of nondisclosure.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 411.081, Government Code, is amended by
  amending Subsection (a) and adding Subsection (g-3) to read as
  follows:
         (a)  This subchapter does not apply to criminal history
  record information that is contained in:
               (1)  posters, announcements, or lists for identifying
  or apprehending fugitives or wanted persons;
               (2)  original records of entry, including police
  blotters maintained by a criminal justice agency that are compiled
  chronologically and required by law or long-standing practice to be
  available to the public;
               (3)  public judicial, administrative, or legislative
  proceedings;
               (4)  court records of public judicial proceedings,
  except as provided by Subsection (g-3);
               (5)  published judicial or administrative opinions; or
               (6)  announcements of executive clemency.
         (g-3)  A court may not disclose to the public any information
  contained in the court records that is the subject of an order of
  nondisclosure issued under this section. The court may disclose
  information contained in the court records that is the subject of an
  order of nondisclosure only to criminal justice agencies for
  criminal justice or regulatory licensing purposes, to an agency or
  entity listed in Subsection (i) or (j), or to the person who is the
  subject of the order.  The clerk of the court issuing an order of
  nondisclosure under this section shall seal any court records
  containing information that is the subject of the order as soon as
  practicable after the date the clerk of the court sends all relevant
  criminal history record information contained in the order or a
  copy of the order to the Department of Public Safety under
  Subsection (g).
         SECTION 2.  The change in law made by this Act applies to the
  disclosure on or after the effective date of this Act of information
  that is the subject of an order of nondisclosure issued under
  Section 411.081, Government Code, regardless of whether the order
  is issued before, on, or after the effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2011.