83R2960 RWG-D
 
  By: Williams S.B. No. 1289
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain business entities engaged in the publication or
  other dissemination of mug shots and other information regarding
  the involvement of an individual in the criminal justice system;
  providing a civil penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle C, Title 5, Business & Commerce Code, is
  amended by adding Chapter 109 to read as follows:
  CHAPTER 109. BUSINESS ENTITIES ENGAGED IN PUBLICATION OR OTHER
  DISSEMINATION OF CRIMINAL RECORD INFORMATION
         Sec. 109.001.  DEFINITIONS. In this chapter:
               (1)  "Criminal justice agency" has the meaning assigned
  by Section 411.082, Government Code.
               (2)  "Criminal record information" means information
  about a person's involvement in the criminal justice system. The
  term includes:
                     (A)  a description or notation of any arrests, any
  formal criminal charges, and the dispositions of those criminal
  charges;
                     (B)  a photograph of the person taken pursuant to
  an arrest or other involvement in the criminal justice system; and
                     (C)  personal identifying information of a person
  displayed in conjunction with any other record of the person's
  involvement in the criminal justice system.
               (3)  "Personal identifying information" means
  information that alone or in conjunction with other information
  identifies a person, including a person's name, address, date of
  birth, photograph, and social security number or other
  government-issued identification number.
         Sec. 109.002.  APPLICABILITY OF CHAPTER. This chapter
  applies to a business entity that:
               (1)  publishes or otherwise disseminates, including
  through a print or electronic medium, criminal record information,
  including information:
                     (A)  originally obtained pursuant to a request for
  public information under Chapter 552, Government Code; or
                     (B)  purchased or otherwise obtained by the entity
  or an affiliated business entity from the Department of Public
  Safety under Subchapter F, Chapter 411, Government Code; and
               (2)  requires the payment of a fee or other
  consideration to remove, correct, or modify criminal record
  information.
         Sec. 109.003.  DUTY TO DISSEMINATE COMPLETE AND ACCURATE
  CRIMINAL RECORD INFORMATION. (a)  A business entity must ensure
  that criminal record information the entity publishes or otherwise
  disseminates is complete and accurate.
         (b)  For purposes of this chapter, criminal record
  information published or otherwise disseminated by a business
  entity is considered:
               (1)  complete if the information reflects the notations
  of arrest and the filing and disposition of criminal charges, if
  applicable; and
               (2)  accurate if the information:
                     (A)  reflects the most recent information
  received by the entity from the Department of Public Safety in
  accordance with Section 411.0851(b)(1)(B), Government Code; or
                     (B)  was obtained by the entity from a law
  enforcement agency or criminal justice agency, including the
  Department of Public Safety, or any other governmental agency or
  entity within the 90-day period preceding the date of publication
  or other dissemination.
         Sec. 109.004.  DISPUTING COMPLETENESS OR ACCURACY OF
  INFORMATION. (a)  A business entity shall clearly and
  conspicuously publish an e-mail address, fax number, or mailing
  address to enable a person who is the subject of criminal record
  information published or otherwise disseminated by the entity to
  dispute the completeness or accuracy of the information.
         (b)  If a business entity receives a dispute regarding the
  completeness or accuracy of criminal record information from a
  person who is the subject of the information, the business entity
  shall:
               (1)  promptly investigate free of charge the disputed
  information; and
               (2)  complete the investigation described by
  Subdivision (1) not later than the 45th business day after the date
  on which the entity receives notice of the dispute.
         (c)  If a business entity finds incomplete or inaccurate
  criminal record information after conducting an investigation
  prescribed by this section, the entity shall promptly remove the
  inaccurate information from the website, publication, or other mode
  of dissemination or shall promptly correct the information, as
  applicable. The entity may not:
               (1)  charge a fee to remove, correct, or modify
  incomplete or inaccurate information; or
               (2)  continue to publish or otherwise disseminate
  incomplete or inaccurate information.
         (d)  A business entity shall provide written notice to the
  person who disputed the completeness or accuracy of information of
  the results of an investigation conducted under this section not
  later than the fifth business day after the date on which the
  investigation is completed.
         Sec. 109.005.  PUBLICATION OR OTHER DISSEMINATION OF CERTAIN
  CRIMINAL RECORD INFORMATION PROHIBITED; CIVIL LIABILITY. (a)  A
  person may not publish or otherwise disseminate any criminal record
  information in the person's possession with respect to which the
  person has knowledge or has received notice that:
               (1)  an order of expunction has been issued under
  Article 55.02, Code of Criminal Procedure; or
               (2)  an order of nondisclosure has been issued under
  Section 411.081(d), Government Code.
         (b)  A person who disseminates information in violation of
  Subsection (a) is liable to the individual who is the subject of the
  information in an amount not to exceed $1,000 for each separate
  violation and, in the case of a continuing violation, $500 for each
  subsequent day on which the violation occurs.
         (c)  In an action brought under this section, the court may
  grant injunctive relief to prevent or restrain a violation of this
  section.
         (d)  An individual who prevails in an action brought under
  this section is also entitled to recover court costs and reasonable
  attorney's fees.
         Sec. 109.006.  CIVIL PENALTY; INJUNCTION.  (a)  A business
  entity that publishes or otherwise disseminates criminal record
  information in violation of this chapter is liable to the state for
  a civil penalty in an amount not to exceed $1,000 for each
  violation. For purposes of this subsection, each criminal record
  published or disseminated in violation of this chapter constitutes
  a separate violation.
         (b)  The attorney general or an appropriate prosecuting
  attorney may sue to collect a civil penalty under this section.
         (c)  A civil penalty collected under this section shall be
  deposited in the state treasury to the credit of the general revenue
  fund.
         (d)  The attorney general may bring an action in the name of
  the state to restrain or enjoin a violation or threatened violation
  of this chapter.
         SECTION 2.  Chapter 109, Business & Commerce Code, as added
  by this Act, applies to any publication or other dissemination of
  criminal record information that occurs on or after the effective
  date of this Act, regardless of whether:
               (1)  the information relates to events or activities
  that occurred before, on, or after that date; or
               (2)  the information was initially published or
  otherwise disseminated before that date.
         SECTION 3.  This Act takes effect September 1, 2013.