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A BILL TO BE ENTITLED
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AN ACT
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relating to access to criminal history record information by |
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certain entities, including certain local government corporations, |
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public defender's offices, and the office of capital writs, and to |
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an exemption for those offices from fees imposed for processing |
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inquiries for that information. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.082, Government Code, is amended by |
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adding Subdivisions (5) and (6) to read as follows: |
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(5) "Office of capital writs" means the office of |
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capital writs established under Subchapter B, Chapter 78. |
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(6) "Public defender's office" has the meaning |
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assigned by Article 26.044(a), Code of Criminal Procedure. |
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SECTION 2. Section 411.088, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) Except as otherwise provided by Subsection (a-1), the |
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[The] department may charge a person [that is not primarily a
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criminal justice agency] a fee for processing inquiries for |
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criminal history record information. The department may charge: |
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(1) a fee of $10 for each inquiry for criminal history |
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record information on a person that is processed only on the basis |
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of the person's name, unless the inquiry is submitted |
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electronically or by magnetic media, in which event the fee is $1; |
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(2) a fee of $15 for each inquiry for criminal history |
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record information on a person that is processed on the basis of a |
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fingerprint comparison search; and |
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(3) except as provided by Subsection (b), actual costs |
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for processing all other information inquiries. |
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(a-1) The department may not charge a fee under Subsection |
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(a) for providing criminal history record information to: |
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(1) a criminal justice agency; |
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(2) the office of capital writs; or |
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(3) a public defender's office. |
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SECTION 3. Subchapter F, Chapter 411, Government Code, is |
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amended by adding Section 411.1272 to read as follows: |
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Sec. 411.1272. ACCESS TO CRIMINAL HISTORY RECORD |
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INFORMATION: OFFICE OF CAPITAL WRITS AND PUBLIC DEFENDER'S |
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OFFICES. The office of capital writs and a public defender's office |
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are entitled to obtain from the department criminal history record |
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information maintained by the department that relates to a criminal |
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case in which an attorney compensated by the office of capital writs |
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or by the public defender's office has been appointed. |
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SECTION 4. Subchapter F, Chapter 411, Government Code, is |
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amended by adding Section 411.1301 to read as follows: |
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Sec. 411.1301. ACCESS TO CRIMINAL HISTORY RECORD |
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INFORMATION: CERTAIN LOCAL GOVERNMENT CORPORATIONS ENGAGED IN |
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CRIMINAL IDENTIFICATION ACTIVITIES. (a) This section applies |
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only to a local government corporation that is created under |
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Subchapter D, Chapter 431, Transportation Code, for governmental |
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purposes relating to criminal identification activities, including |
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forensic analysis, and that allocates a substantial part of its |
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annual budget to those criminal identification activities. |
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(b) A local government corporation described by Subsection |
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(a) is entitled to obtain from the department criminal history |
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record information maintained by the department that relates to a |
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person who: |
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(1) is an employee or an applicant for employment with |
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the local government corporation; |
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(2) is a consultant, intern, or volunteer for the |
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local government corporation or an applicant to serve as a |
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consultant, intern, or volunteer; |
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(3) proposes to enter into a contract with or has a |
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contract with the local government corporation to perform services |
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for or supply goods to the local government corporation; or |
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(4) is an employee or subcontractor, or an applicant |
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to be an employee or subcontractor, of a contractor that provides |
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services to the local government corporation. |
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(c) Criminal history record information obtained by a local |
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government corporation under Subsection (b) may not be released or |
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disclosed to any person except: |
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(1) on court order; or |
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(2) with the consent of the person who is the subject |
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of the criminal history record information. |
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SECTION 5. This Act takes effect September 1, 2013. |