| |
| |
| |
|
|
AN ACT
|
|
|
relating to access to criminal history record information by |
|
|
certain entities, including certain local government corporations, |
|
|
public defender's offices, and the office of capital writs, and to |
|
|
an exemption for those offices from fees imposed for processing |
|
|
inquiries for that information. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 411.082, Government Code, is amended by |
|
|
adding Subdivisions (5) and (6) to read as follows: |
|
|
(5) "Office of capital writs" means the office of |
|
|
capital writs established under Subchapter B, Chapter 78. |
|
|
(6) "Public defender's office" has the meaning |
|
|
assigned by Article 26.044(a), Code of Criminal Procedure. |
|
|
SECTION 2. Section 411.088, Government Code, is amended by |
|
|
amending Subsection (a) and adding Subsection (a-1) to read as |
|
|
follows: |
|
|
(a) Except as otherwise provided by Subsection (a-1), the |
|
|
[The] department may charge a person [that is not primarily a
|
|
|
criminal justice agency] a fee for processing inquiries for |
|
|
criminal history record information. The department may charge: |
|
|
(1) a fee of $10 for each inquiry for criminal history |
|
|
record information on a person that is processed only on the basis |
|
|
of the person's name, unless the inquiry is submitted |
|
|
electronically or by magnetic media, in which event the fee is $1; |
|
|
(2) a fee of $15 for each inquiry for criminal history |
|
|
record information on a person that is processed on the basis of a |
|
|
fingerprint comparison search; and |
|
|
(3) except as provided by Subsection (b), actual costs |
|
|
for processing all other information inquiries. |
|
|
(a-1) The department may not charge a fee under Subsection |
|
|
(a) for providing criminal history record information to: |
|
|
(1) a criminal justice agency; |
|
|
(2) the office of capital writs; or |
|
|
(3) a public defender's office. |
|
|
SECTION 3. Subchapter F, Chapter 411, Government Code, is |
|
|
amended by adding Section 411.1272 to read as follows: |
|
|
Sec. 411.1272. ACCESS TO CRIMINAL HISTORY RECORD |
|
|
INFORMATION: OFFICE OF CAPITAL WRITS AND PUBLIC DEFENDER'S |
|
|
OFFICES. The office of capital writs and a public defender's office |
|
|
are entitled to obtain from the department criminal history record |
|
|
information maintained by the department that relates to a criminal |
|
|
case in which an attorney compensated by the office of capital writs |
|
|
or by the public defender's office has been appointed. |
|
|
SECTION 4. Subchapter F, Chapter 411, Government Code, is |
|
|
amended by adding Section 411.1301 to read as follows: |
|
|
Sec. 411.1301. ACCESS TO CRIMINAL HISTORY RECORD |
|
|
INFORMATION: CERTAIN LOCAL GOVERNMENT CORPORATIONS ENGAGED IN |
|
|
CRIMINAL IDENTIFICATION ACTIVITIES. (a) This section applies |
|
|
only to a local government corporation that is created under |
|
|
Subchapter D, Chapter 431, Transportation Code, for governmental |
|
|
purposes relating to criminal identification activities, including |
|
|
forensic analysis, and that allocates a substantial part of its |
|
|
annual budget to those criminal identification activities. |
|
|
(b) A local government corporation described by Subsection |
|
|
(a) is entitled to obtain from the department criminal history |
|
|
record information maintained by the department that relates to a |
|
|
person who: |
|
|
(1) is an employee or an applicant for employment with |
|
|
the local government corporation; |
|
|
(2) is a consultant, intern, or volunteer for the |
|
|
local government corporation or an applicant to serve as a |
|
|
consultant, intern, or volunteer; |
|
|
(3) proposes to enter into a contract with or has a |
|
|
contract with the local government corporation to perform services |
|
|
for or supply goods to the local government corporation; or |
|
|
(4) is an employee or subcontractor, or an applicant |
|
|
to be an employee or subcontractor, of a contractor that provides |
|
|
services to the local government corporation. |
|
|
(c) Criminal history record information obtained by a local |
|
|
government corporation under Subsection (b) may not be released or |
|
|
disclosed to any person except: |
|
|
(1) on court order; or |
|
|
(2) with the consent of the person who is the subject |
|
|
of the criminal history record information. |
|
|
SECTION 5. This Act takes effect September 1, 2013. |
|
|
|
|
|
|
| |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
|
|
I hereby certify that S.B. No. 1044 passed the Senate on |
|
|
April 23, 2013, by the following vote: Yeas 31, Nays 0. |
|
|
|
| |
| |
______________________________ |
| |
Secretary of the Senate |
| |
|
|
I hereby certify that S.B. No. 1044 passed the House on |
|
|
May 22, 2013, by the following vote: Yeas 148, Nays 0, one |
|
|
present not voting. |
|
|
|
| |
| |
______________________________ |
| |
Chief Clerk of the House |
| |
|
|
|
| |
|
|
Approved: |
|
|
|
|
|
______________________________ |
|
|
Date |
|
|
|
|
|
|
|
|
______________________________ |
|
|
Governor |