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A BILL TO BE ENTITLED
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AN ACT
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relating to orders of nondisclosure issued for records of certain |
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fine-only misdemeanors; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 109.005(a), Business & Commerce Code, as |
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added by Chapter 1200 (S.B. No. 1289), Acts of the 83rd Legislature, |
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Regular Session, 2013, is amended to read as follows: |
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(a) A business entity may not publish any criminal record |
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information in the business entity's possession with respect to |
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which the business entity has knowledge or has received notice |
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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 [411.081(d)], Government Code. |
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SECTION 2. Section 103.0211, Government Code, is amended to |
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read as follows: |
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Sec. 103.0211. ADDITIONAL FEES AND COSTS IN CRIMINAL OR |
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CIVIL CASES: GOVERNMENT CODE. An accused or defendant, or a party |
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to a civil suit, as applicable, shall pay the following fees and |
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costs under the Government Code if ordered by the court or otherwise |
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required: |
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(1) a court reporter fee when testimony is taken: |
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(A) in a criminal court in Dallas County (Sec. |
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25.0593, Government Code) . . . $3; |
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(B) in a county criminal court of appeals in |
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Dallas County (Sec. 25.0594, Government Code) . . . $3; |
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(C) in a county court at law in McLennan County |
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(Sec. 25.1572, Government Code) . . . $3; and |
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(D) in a county criminal court in Tarrant County |
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(Sec. 25.2223, Government Code) . . . $3; |
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(2) a court reporter service fee if the courts have |
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official court reporters (Sec. 51.601, Government Code) . . . $15 |
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or, in specified counties, $30; |
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(3) a speedy trial rights waiver motion filing fee in |
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El Paso County (Sec. 54.745, Government Code) . . . $100; |
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(4) the costs of a criminal magistrate if the court |
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determines that the nonprevailing party is able to defray the |
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costs: |
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(A) in Bexar County (Sec. 54.913, Government |
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Code) . . . magistrate's fees; |
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(B) in Dallas County (Sec. 54.313, Government |
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Code) . . . magistrate's fees; |
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(C) in Lubbock County (Sec. 54.883, Government |
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Code) . . . magistrate's fees; |
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(D) in Tarrant County (Sec. 54.663, Government |
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Code) . . . magistrate's fees; and |
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(E) in Travis County (Sec. 54.983, Government |
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Code) . . . magistrate's fees; |
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(5) an administrative fee for participation in certain |
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community supervision programs (Sec. 76.015, Government Code) |
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. . . not less than $25 and not more than $60 per month; [and] |
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(6) fee paid on filing a petition for an order of |
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nondisclosure of criminal history record information in certain |
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deferred adjudication cases (Sec. 411.081(f-1) [411.081], |
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Government Code) . . . $28; and |
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(7) fee paid on filing a petition for an order of |
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nondisclosure of criminal history record information in certain |
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fine-only misdemeanor cases (Sec. 411.081(f-1), Government Code) |
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. . . $28. |
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SECTION 3. Section 411.081, Government Code, is amended by |
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adding Subsections (d-1), (e-1), (h-1), and (h-2) and amending |
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Subsections (f), (f-1), and (h) to read as follows: |
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(d-1) Notwithstanding any other provision of this chapter, |
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a person who is convicted of and has satisfied the judgment for or |
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who has received a dismissal after deferral of disposition for a |
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fine-only misdemeanor, other than a traffic offense or an offense |
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under a municipal ordinance or county order, may petition the court |
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that convicted or granted a dismissal to the person for an order of |
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nondisclosure under this subsection. Subject to Subsection (e-1), |
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a person may petition the court under this subsection regardless of |
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whether the person has been previously convicted of or granted a |
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dismissal for a fine-only misdemeanor offense. After notice to the |
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state, the court shall hold a hearing on whether the person is |
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entitled to file the petition and whether issuance of the order is |
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in the best interest of justice. In determining whether granting |
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the order is in the best interest of justice, the court may |
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consider, among any other factors the court considers relevant, the |
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person's criminal history record information, including whether |
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the person has been convicted of or granted a deferred disposition |
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for an offense with elements that are the same as or similar to the |
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elements of the offense for which the person is seeking an order of |
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nondisclosure. If the court determines that granting the order is |
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in the best interest of justice, the court shall issue an order |
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prohibiting criminal justice agencies from disclosing to the public |
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criminal history record information related to the fine-only |
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misdemeanor offense that is the subject of the petition. As a |
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condition of granting the petition under this subsection for a |
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person convicted of the offense, a court may require the defendant |
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to perform community service, pay a fee, or both perform the |
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community service and pay the fee as if the defendant had been |
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placed on probation pending deferred disposition under Article |
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45.051, Code of Criminal Procedure. A criminal justice agency may |
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disclose criminal history record information that is the subject of |
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an order of nondisclosure under this subsection only to other |
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criminal justice agencies for criminal justice or regulatory |
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licensing purposes, an agency or entity listed in Subsection (i), |
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or the person who is the subject of the order. A person may petition |
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the court for an order of nondisclosure under this subsection only |
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on or after the first anniversary of the conviction or dismissal, as |
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applicable. |
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(e-1) A person is not entitled to petition the court under |
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Subsection (d-1) if the person has been previously convicted of or |
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placed on deferred adjudication for: |
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(1) an offense requiring registration as a sex |
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offender under Chapter 62, Code of Criminal Procedure; |
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(2) an offense under Section 20.04, Penal Code, |
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regardless of whether the offense is a reportable conviction or |
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adjudication for purposes of Chapter 62, Code of Criminal |
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Procedure; |
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(3) an offense under Section 19.02, 19.03, 22.04, |
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22.041, 25.07, 25.072, or 42.072, Penal Code; or |
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(4) any other offense involving family violence, as |
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defined by Section 71.004, Family Code. |
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(f) For purposes of Subsections [Subsection] (d), (e), and |
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(e-1), a person is considered to have been placed on deferred |
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adjudication community supervision if, regardless of the statutory |
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authorization: |
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(1) the person entered a plea of guilty or nolo |
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contendere; |
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(2) the judge deferred further proceedings without |
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entering an adjudication of guilt and placed the person under the |
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supervision of the court or an officer under the supervision of the |
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court; and |
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(3) at the end of the period of supervision, the judge |
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dismissed the proceedings and discharged the person. |
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(f-1) A person who petitions the court for an order of |
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nondisclosure under Subsection (d) or (d-1) may file the petition |
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in person, electronically, or by mail. The petition must be |
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accompanied by payment of a $28 fee to the clerk of the court in |
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addition to any other fee that generally applies to the filing of a |
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civil petition. The Office of Court Administration of the Texas |
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Judicial System shall prescribe a form for the filing of a petition |
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electronically or by mail. The form must provide for the petition |
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to be accompanied by the required fees and any other supporting |
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material determined necessary by the office of court |
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administration, including evidence that the person is entitled to |
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file the petition. The office of court administration shall make |
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available on its Internet website the electronic application and |
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printable application form. Each county or district clerk's office |
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that maintains an Internet website shall include on that website a |
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link to the electronic application and printable application form |
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available on the office of court administration's Internet website. |
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On receipt of a petition under this subsection, the court shall |
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provide notice to the state and an opportunity for a hearing on |
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whether the person is entitled to file the petition and issuance of |
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the order is in the best interest of justice. The court shall hold a |
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hearing before determining whether to issue an order of |
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nondisclosure, except that a hearing is not required if: |
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(1) the state does not request a hearing on the issue |
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before the 45th day after the date on which the state receives |
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notice under this subsection; and |
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(2) the court determines that: |
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(A) the defendant is entitled to file the |
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petition; and |
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(B) the order is in the best interest of justice. |
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(h) The clerk of a court that collects a fee paid under |
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Subsection (f-1) for a petition filed under Subsection (d) [(d)] |
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shall remit the fee to the comptroller not later than the last day |
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of the month following the end of the calendar quarter in which the |
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fee is collected, and the comptroller shall deposit the fee in the |
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general revenue fund. |
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(h-1) The clerk of a court that collects a fee paid under |
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Subsection (f-1) for a petition filed under Subsection (d-1) shall |
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deposit the fee to the credit of the general fund of the |
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municipality or county, as applicable. |
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(h-2) The Department of Public Safety shall submit a report |
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to the legislature not later than December 1 of each even-numbered |
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year that includes information on: |
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(1) the number of petitions for nondisclosure and |
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orders of nondisclosure received by the department in each of the |
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previous two years; |
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(2) the actions taken by the department with respect |
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to the petitions and orders received; |
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(3) the costs incurred by the department in taking |
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those actions; and |
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(4) the number of persons who are the subject of an |
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order of nondisclosure and who became the subject of criminal |
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charges for an offense committed after the order was issued. |
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SECTION 4. Section 411.081(i), Government Code, as amended |
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by Chapters 42 (S.B. 966), 266 (H.B. 729), and 583 (S.B. 869), Acts |
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of the 83rd Legislature, Regular Session, 2013, is reenacted and |
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amended to read as follows: |
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(i) A criminal justice agency may disclose criminal history |
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record information that is the subject of an order of nondisclosure |
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under this section [Subsection (d)] to the following noncriminal |
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justice agencies or entities only: |
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(1) the State Board for Educator Certification; |
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(2) a school district, charter school, private school, |
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regional education service center, commercial transportation |
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company, or education shared service arrangement; |
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(3) the Texas Medical Board; |
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(4) the Texas School for the Blind and Visually |
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Impaired; |
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(5) the Board of Law Examiners; |
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(6) the State Bar of Texas; |
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(7) a district court regarding a petition for name |
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change under Subchapter B, Chapter 45, Family Code; |
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(8) the Texas School for the Deaf; |
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(9) the Department of Family and Protective Services; |
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(10) the Texas Juvenile Justice Department; |
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(11) the Department of Assistive and Rehabilitative |
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Services; |
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(12) the Department of State Health Services, a local |
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mental health service, a local mental retardation authority, or a |
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community center providing services to persons with mental illness |
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or retardation; |
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(13) the Texas Private Security Board; |
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(14) a municipal or volunteer fire department; |
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(15) the Texas Board of Nursing; |
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(16) a safe house providing shelter to children in |
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harmful situations; |
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(17) a public or nonprofit hospital or hospital |
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district, or a facility as defined by Section 250.001, Health and |
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Safety Code; |
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(18) the securities commissioner, the banking |
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commissioner, the savings and mortgage lending commissioner, the |
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consumer credit commissioner, or the credit union commissioner; |
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(19) the Texas State Board of Public Accountancy; |
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(20) the Texas Department of Licensing and Regulation; |
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(21) the Health and Human Services Commission; |
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(22) the Department of Aging and Disability Services; |
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(23) the Texas Education Agency; |
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(24) the Judicial Branch Certification Commission; |
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(25) a county clerk's office in relation to a |
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proceeding for the appointment of a guardian under Title 3, Estates |
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Code [Chapter XIII, Texas Probate Code]; |
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(26) the Department of Information Resources but only |
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regarding an employee, applicant for employment, contractor, |
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subcontractor, intern, or volunteer who provides network security |
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services under Chapter 2059 to: |
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(A) the Department of Information Resources; or |
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(B) a contractor or subcontractor of the |
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Department of Information Resources; |
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(27) the Texas Department of Insurance; |
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(28) the Teacher Retirement System of Texas; and |
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(29) [(30)] the Texas State Board of Pharmacy. |
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SECTION 5. Section 411.0851(a), Government Code, is amended |
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to read as follows: |
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(a) A private entity that compiles and disseminates for |
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compensation criminal history record information shall destroy and |
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may not disseminate any information in the possession of the entity |
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with respect to which the entity 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 [411.081(d)]. |
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SECTION 6. The heading to Section 552.142, Government Code, |
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is amended to read as follows: |
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Sec. 552.142. EXCEPTION: CONFIDENTIALITY OF RECORDS OF |
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CERTAIN CRIMINAL HISTORY INFORMATION [DEFERRED ADJUDICATIONS]. |
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SECTION 7. Section 552.142(a), Government Code, is amended |
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to read as follows: |
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(a) Information is excepted from the requirements of |
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Section 552.021 if an order of nondisclosure with respect to the |
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information has been issued under Section 411.081 [411.081(d)]. |
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SECTION 8. Section 552.1425(a), Government Code, is amended |
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to read as follows: |
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(a) A private entity that compiles and disseminates for |
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compensation criminal history record information may not compile or |
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disseminate information with respect to which the entity has |
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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 [411.081(d)]. |
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SECTION 9. Section 53.021(e), Occupations Code, is amended |
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to read as follows: |
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(e) Subsection (c) does not apply if the person is an |
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applicant for or the holder of a license that authorizes the person |
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to provide: |
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(1) law enforcement or public health, education, or |
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safety services; or |
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(2) financial services in an industry regulated by a |
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person listed in Section 411.081(i)(18) [411.081(i)(19)], |
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Government Code. |
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SECTION 10. The change in law made by this Act applies to a |
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petition for an order of nondisclosure that is filed on or after the |
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effective date of this Act, regardless of whether the misdemeanor |
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that is the subject of the petition occurred before, on, or after |
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the effective date of this Act. |
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SECTION 11. This Act takes effect September 1, 2015. |