88R5932 JTZ-D
 
  By: Bettencourt S.B. No. 1973
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to criminal history record information for certain special
  master, magistrate, referee, or other court official applicants
  appointed or employed by state judges.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 54, Government Code, is amended by
  adding Subchapter A to read as follows:
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 54.001.  CRIMINAL HISTORY RECORD INFORMATION
  REQUIREMENTS FOR CERTAIN APPLICANTS. (a) This section applies to
  an applicant seeking appointment or employment under this chapter
  in a court of this state as a special master, magistrate, referee,
  or other court official who assesses or determines the eligibility
  or amount of bail for a criminal defendant.
         (b)  A court shall require an applicant for a position
  described by Subsection (a) to submit a complete and legible set of
  fingerprints, on a form prescribed by the Office of Court
  Administration of the Texas Judicial System, to the court or to the
  Department of Public Safety for the purpose of obtaining criminal
  history record information from the Department of Public Safety and
  the Federal Bureau of Investigation.
         (c)  A court may not appoint or employ an applicant for a
  position described by Subsection (a) unless the court conducts a
  criminal history record check of the applicant using information:
               (1)  provided by the applicant under this section; and
               (2)  made available to the court by the Department of
  Public Safety, the Federal Bureau of Investigation, and any other
  criminal justice agency under Subchapter F, Chapter 411.
         (d)  A court may:
               (1)  enter into an agreement with the Department of
  Public Safety to administer criminal history record checks required
  under this section; and
               (2)  authorize the Department of Public Safety to
  collect from each applicant the costs incurred by the department in
  conducting the criminal history record check.
         SECTION 2.  Subchapter F, Chapter 411, Government Code, is
  amended by adding Section 411.14085 to read as follows:
         Sec. 411.14085.  ACCESS TO CRIMINAL HISTORY RECORD
  INFORMATION: COURTS WITH CRIMINAL JURISDICTION. (a) A district
  court, constitutional county court, statutory county court,
  justice court, or municipal court with jurisdiction over criminal
  cases is entitled to obtain from the department as authorized under
  Section 54.001 criminal history record information maintained by
  the department that relates to an applicant for appointment or
  employment as a special master, magistrate, referee, or other court
  official who assesses or determines the eligibility or amount of
  bail for a criminal defendant for that court.
         (b)  Criminal history record information obtained by the
  court under Subsection (a) may be used only to evaluate an
  applicant.
         (c)  The court may not release or disclose information
  obtained under Subsection (a) except with the consent of the person
  who is the subject of the criminal history record information.
         (d)  After the expiration of any probationary term of the
  person's appointment or employment, the court shall destroy all
  criminal history record information obtained under Subsection (a).
         SECTION 3.  This Act takes effect September 1, 2023.