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A BILL TO BE ENTITLED
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AN ACT
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relating to certain business entities engaged in the publication or |
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other dissemination of mug shots and other information regarding |
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the involvement of an individual in the criminal justice system; |
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providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is |
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amended by adding Chapter 109 to read as follows: |
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CHAPTER 109. BUSINESS ENTITIES ENGAGED IN PUBLICATION OR OTHER |
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DISSEMINATION OF CRIMINAL RECORD INFORMATION |
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Sec. 109.001. DEFINITIONS. In this chapter: |
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(1) "Criminal justice agency" has the meaning assigned |
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by Section 411.082, Government Code. |
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(2) "Criminal record information" means information |
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about a person's involvement in the criminal justice system. The |
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term includes: |
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(A) a description or notation of any arrests, any |
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formal criminal charges, and the dispositions of those criminal |
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charges; |
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(B) a photograph of the person taken pursuant to |
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an arrest or other involvement in the criminal justice system; and |
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(C) personal identifying information of a person |
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displayed in conjunction with any other record of the person's |
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involvement in the criminal justice system. |
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(3) "Personal identifying information" means |
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information that alone or in conjunction with other information |
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identifies a person, including a person's name, address, date of |
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birth, photograph, and social security number or other |
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government-issued identification number. |
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Sec. 109.002. APPLICABILITY OF CHAPTER. This chapter |
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applies to a business entity that: |
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(1) publishes or otherwise disseminates, including |
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through a print or electronic medium, criminal record information, |
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including information: |
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(A) originally obtained pursuant to a request for |
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public information under Chapter 552, Government Code; or |
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(B) purchased or otherwise obtained by the entity |
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or an affiliated business entity from the Department of Public |
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Safety under Subchapter F, Chapter 411, Government Code; and |
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(2) requires the payment of a fee or other |
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consideration to remove, correct, or modify criminal record |
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information. |
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Sec. 109.003. DUTY TO DISSEMINATE COMPLETE AND ACCURATE |
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CRIMINAL RECORD INFORMATION. (a) A business entity must ensure |
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that criminal record information the entity publishes or otherwise |
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disseminates is complete and accurate. |
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(b) For purposes of this chapter, criminal record |
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information published or otherwise disseminated by a business |
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entity is considered: |
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(1) complete if the information reflects the notations |
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of arrest and the filing and disposition of criminal charges, if |
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applicable; and |
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(2) accurate if the information: |
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(A) reflects the most recent information |
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received by the entity from the Department of Public Safety in |
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accordance with Section 411.0851(b)(1)(B), Government Code; or |
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(B) was obtained by the entity from a law |
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enforcement agency or criminal justice agency, including the |
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Department of Public Safety, or any other governmental agency or |
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entity within the 90-day period preceding the date of publication |
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or other dissemination. |
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Sec. 109.004. DISPUTING COMPLETENESS OR ACCURACY OF |
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INFORMATION. (a) A business entity shall clearly and |
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conspicuously publish an e-mail address, fax number, or mailing |
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address to enable a person who is the subject of criminal record |
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information published or otherwise disseminated by the entity to |
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dispute the completeness or accuracy of the information. |
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(b) If a business entity receives a dispute regarding the |
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completeness or accuracy of criminal record information from a |
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person who is the subject of the information, the business entity |
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shall: |
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(1) promptly investigate free of charge the disputed |
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information; and |
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(2) complete the investigation described by |
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Subdivision (1) not later than the 45th business day after the date |
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on which the entity receives notice of the dispute. |
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(c) If a business entity finds incomplete or inaccurate |
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criminal record information after conducting an investigation |
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prescribed by this section, the entity shall promptly remove the |
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inaccurate information from the website, publication, or other mode |
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of dissemination or shall promptly correct the information, as |
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applicable. The entity may not: |
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(1) charge a fee to remove, correct, or modify |
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incomplete or inaccurate information; or |
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(2) continue to publish or otherwise disseminate |
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incomplete or inaccurate information. |
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(d) A business entity shall provide written notice to the |
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person who disputed the completeness or accuracy of information of |
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the results of an investigation conducted under this section not |
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later than the fifth business day after the date on which the |
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investigation is completed. |
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Sec. 109.005. PUBLICATION OR OTHER DISSEMINATION OF CERTAIN |
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CRIMINAL RECORD INFORMATION PROHIBITED; CIVIL LIABILITY. (a) A |
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person may not publish or otherwise disseminate any criminal record |
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information in the person's possession with respect to which the |
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person has knowledge or has received 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), Government Code. |
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(b) A person who 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 $1,000 for each separate |
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violation and, in the case of a continuing violation, $500 for each |
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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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Sec. 109.006. CIVIL PENALTY; INJUNCTION. (a) A business |
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entity that publishes or otherwise disseminates criminal record |
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information in violation of this chapter is liable to the state for |
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a civil penalty in an amount not to exceed $1,000 for each |
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violation. For purposes of this subsection, each criminal record |
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published or disseminated in violation of this chapter constitutes |
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a separate violation. |
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(b) The attorney general or an appropriate prosecuting |
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attorney may sue to collect a civil penalty under this section. |
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(c) A civil penalty collected under this section 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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(d) The attorney general may bring an action in the name of |
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the state to restrain or enjoin a violation or threatened violation |
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of this chapter. |
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SECTION 2. Chapter 109, Business & Commerce Code, as added |
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by this Act, applies to any publication or other dissemination of |
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criminal record information that occurs on or after the effective |
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date of this Act, regardless of whether: |
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(1) the information relates to events or activities |
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that occurred before, on, or after that date; or |
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(2) the information was initially published or |
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otherwise disseminated before that date. |
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SECTION 3. This Act takes effect September 1, 2013. |