| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to criminal history record information for certain master, |
|
|
magistrate, referee, associate judge, or other court official |
|
|
applicants appointed or employed to serve in a state court. |
|
|
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 APPLICANTS. (a) This section applies to an |
|
|
applicant seeking appointment or employment under this chapter in a |
|
|
court of this state as a master, magistrate, referee, associate |
|
|
judge, 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 the Office of Court Administration of the |
|
|
Texas Judicial System prescribes, 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) the applicant provides under this section; and |
|
|
(2) the Department of Public Safety, the Federal |
|
|
Bureau of Investigation, and any other criminal justice agency |
|
|
under Subchapter F, Chapter 411, makes available to the court. |
|
|
(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 the department incurs 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 the department |
|
|
maintains that relates to an applicant for appointment or |
|
|
employment as a master, magistrate, referee, associate judge, 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 a court obtains |
|
|
under Subsection (a) may be used only to evaluate an applicant. |
|
|
(c) The court may not release or disclose criminal history |
|
|
record information the court obtains under Subsection (a) except |
|
|
with the consent of the person who is the subject of the |
|
|
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 the court obtains under |
|
|
Subsection (a). |
|
|
SECTION 3. This Act takes effect September 1, 2025. |