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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of certain victims of trafficking of |
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persons for an order of nondisclosure; 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(d) or (d-1), Government Code. |
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SECTION 2. Section 411.081, Government Code, is amended by |
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adding Subsection (d-1) and amending Subsections (e), (f), (f-1), |
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and (h) to read as follows: |
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(d-1)(1) This subsection applies only to a person who on |
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conviction for an offense under Section 43.02, Penal Code, is |
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placed on community supervision under Article 42.12, Code of |
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Criminal Procedure, and with respect to whom the conviction is |
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subsequently set aside by the court under Section 20(a) of that |
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article. |
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(2) Notwithstanding any other provision of this |
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subchapter, if a person to whom this subsection applies satisfies |
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the requirements of Subsection (e), the person may petition the |
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court that placed the person on community supervision for an order |
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of nondisclosure on the grounds that the person committed the |
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offense solely as a victim of trafficking of persons. After notice |
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to the state, an opportunity for a hearing, and a determination by |
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the court that the person committed the offense solely as a victim |
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of trafficking of persons and that issuance of the order is in the |
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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 offense under |
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Section 43.02, Penal Code, giving rise to the community |
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supervision. A criminal justice agency may disclose criminal |
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history record information that is the subject of the order only to |
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other criminal justice agencies for criminal justice purposes, an |
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agency or entity listed in Subsection (i), or the person who is the |
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subject of the order. A person may petition the court that placed |
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the person on community supervision for an order of nondisclosure |
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only after the person's conviction under Section 43.02, Penal Code, |
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is set aside. |
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(e) A person is entitled to petition the court under |
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Subsection (d) or (d-1) only if during the period of the community |
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supervision, including deferred adjudication community |
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supervision, for which the order of nondisclosure is requested and, |
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for a petition under Subsection (d), only during the applicable |
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period described by Subdivision (1) [Subsection (d)(1)], (2), or |
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(3) of that subsection, as appropriate, the person is not convicted |
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of or placed on deferred adjudication community supervision under |
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Section 5, Article 42.12, Code of Criminal Procedure, for any |
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offense other than an offense under the Transportation Code |
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punishable by fine only. A person is not entitled to petition the |
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court under Subsection (d) or (d-1) if the person was placed on |
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community supervision, including [the] deferred adjudication |
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community supervision, for, or has been previously convicted of or |
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placed on any other 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) and (e), a |
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person is considered to have been placed on deferred adjudication |
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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) [(d)] shall remit the fee to the comptroller not |
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later than the last day of the month following the end of the |
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calendar quarter in which the fee is collected, and the comptroller |
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shall deposit the fee in the general revenue fund. The Department |
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of Public Safety shall submit a report to the legislature not later |
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than December 1 of each even-numbered year that includes |
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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 3. 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 Subsection (d) or (d-1) to the following noncriminal justice |
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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 an intellectual disability [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 4. 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(d) or (d-1). |
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SECTION 5. Section 552.142, Government Code, is amended to |
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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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(a) Information is excepted from the requirements of Section |
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552.021 if an order of nondisclosure with respect to the |
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information has been issued under Section 411.081(d) or (d-1). |
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(b) A person who is the subject of information that is |
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excepted from the requirements of Section 552.021 under this |
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section may deny the occurrence of the criminal proceeding [arrest
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and prosecution] to which the information relates and the exception |
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of the information under this section, unless the information is |
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being used against the person in a subsequent criminal proceeding. |
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SECTION 6. 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(d) or (d-1). |
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SECTION 7. 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 8. The change in law made by Section 411.081(d-1), |
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Government Code, as added by this Act, applies to a person whose |
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conviction for an offense under Section 43.02, Penal Code, is set |
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aside under Section 20(a), Article 42.12, Code of Criminal |
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Procedure, on or after the effective date of this Act, regardless of |
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when the person committed the offense for which the person was |
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convicted. |
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SECTION 9. This Act takes effect September 1, 2015. |