81(R) SB 1056 - Enrolled version

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�	S.B.�No.�1056

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�	AN ACT
�	relating to authorizing a criminal justice agency to disclose
�	certain criminal history record information and to orders of
�	disclosure regarding such information.
�	��BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
�	��SECTION�1.��Section 411.081, Government Code, is amended by
�	adding Subsections (f-1) and (j) and amending Subsection (i) to
�	read as follows:
�	��(f-1)��In this subsection, "child" has the meaning assigned
�	by Section 51.02, Family Code. Notwithstanding any other provision
�	of this subchapter, on conviction of a child for a misdemeanor
�	offense punishable by fine only that does not constitute conduct
�	indicating a need for supervision under Section 51.03, Family Code,
�	the convicting court shall immediately issue an order prohibiting
�	criminal justice agencies from disclosing to the public criminal
�	history record information related to the offense.��A criminal
�	justice agency may disclose criminal history record information
�	that is the subject of the order only to other criminal justice
�	agencies for criminal justice purposes, to an agency or entity
�	listed in Subsection (j), or to the person who is the subject of the
�	order.
�	��(i)��A criminal justice agency may disclose criminal history
�	record information that is the subject of an order of nondisclosure
�	under Subsection (d) to the following noncriminal justice agencies
�	or entities only:
�	��(1)��the State Board for Educator Certification;
�	��(2)��a school district, charter school, private school,
�	regional education service center, commercial transportation
�	company, or education shared service arrangement;
�	��(3)��the Texas Medical Board;
�	��(4)��the Texas School for the Blind and Visually
�	Impaired;
�	��(5)��the Board of Law Examiners;
�	��(6)��the State Bar of Texas;
�	��(7)��a district court regarding a petition for name
�	change under Subchapter B, Chapter 45, Family Code;
�	��(8)��the Texas School for the Deaf;
�	��(9)��the Department of Family and Protective Services;
�	��(10)��the Texas Youth Commission;
�	��(11)��the Department of Assistive and Rehabilitative
�	Services;
�	��(12)��the Department of State Health Services, a local
�	mental health service, a local mental retardation authority, or a
�	community center providing services to persons with mental illness
�	or retardation;
�	��(13)��the Texas Private Security Board;
�	��(14)��a municipal or volunteer fire department;
�	��(15)��the Texas Board of Nursing;
�	��(16)��a safe house providing shelter to children in
�	harmful situations;
�	��(17)��a public or nonprofit hospital or hospital
�	district;
�	��(18)��the Texas Juvenile Probation Commission;
�	��(19)��the securities commissioner, the banking
�	commissioner, the savings and mortgage lending commissioner, or the
�	credit union commissioner;
�	��(20)��the Texas State Board of Public Accountancy;
�	��(21)��the Texas Department of Licensing and Regulation;
�	��(22)��the Health and Human Services Commission;
�	��(23)��the Department of Aging and Disability Services;
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�	��(24)��the Texas Education Agency;
�	��(25)��the Guardianship Certification Board; and
�	��(26)��a county clerk's office in relation to a
�	proceeding for the appointment of a guardian under Chapter XIII,
�	Texas Probate Code.
�	��(j)��A criminal justice agency may disclose criminal history
�	record information that is the subject of an order of nondisclosure
�	under Subsection (f-1) to the following agencies or entities only:
�	��(1)��the Texas Youth Commission;
�	��(2)��the Texas Juvenile Probation Commission;
�	��(3)��the Department of State Health Services, a local
�	mental health or mental retardation authority, or a community
�	center providing services to persons with mental illness or
�	retardation;
�	��(4)��the Department of Family and Protective Services;
�	��(5)��a juvenile probation department;
�	��(6)��a municipal or county health department;
�	��(7)��a public or nonprofit hospital or hospital
�	district;
�	��(8)��a county department that provides services to
�	at-risk youth or their families;
�	��(9)��a children's advocacy center established under
�	Section 264.402, Family Code;
�	��(10)��a school district, charter school, private
�	school, regional education service center, commercial
�	transportation company, or education shared service arrangement;
�	and
�	��(11)��a safe house providing shelter to children in
�	harmful situations.
�	��SECTION�2.��Subsection (a), Section 411.0851, Government
�	Code, is amended to read as follows:
�	��(a)��A private entity that compiles and disseminates for
�	compensation criminal history record information shall destroy and
�	may not disseminate any information in the possession of the entity
�	with respect to which the entity 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) or (f-1).
�	��SECTION�3.��The heading to Section 552.142, Government Code,
�	is amended to read as follows:
�	��Sec.�552.142.��EXCEPTION: RECORDS OF CERTAIN DEFERRED
�	ADJUDICATIONS AND CERTAIN MISDEMEANORS PUNISHABLE BY FINE ONLY.�
�	��SECTION�4.��Subsection (a), Section 552.142, Government
�	Code, is amended to read as follows:
�	��(a)��Information is excepted from the requirements of
�	Section 552.021 if an order of nondisclosure with respect to the
�	information has been issued under Section 411.081(d) or (f-1).
�	��SECTION�5.��Subsection (a), Section 552.1425, Government
�	Code, is amended to read as follows:
�	��(a)��A private entity that compiles and disseminates for
�	compensation criminal history record information may not compile or
�	disseminate information with respect to which the entity 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) or (f-1).
�	��SECTION�6.��The change in law made by this Act applies to a
�	conviction that occurs on or after the effective date of this Act,
�	regardless of whether the offense was committed before, on, or
�	after the effective date of this Act.
�	��SECTION�7.��Notwithstanding Section 6 of this Act, a child,
�	as that term is defined by Section 51.02, Family Code, who is
�	convicted of a misdemeanor offense punishable by fine only that
�	does not constitute conduct indicating a need for supervision under
�	Section 51.03, Family Code, before the effective date of this Act
�	may petition the court for an order of nondisclosure, and the court
�	shall issue the order under Subsection (f-1), Section 411.081,
�	Government Code, as added by this Act.
�	��SECTION�8.��This Act takes effect immediately if it receives
�	a vote of two-thirds of all the members elected to each house, as
�	provided by Section 39, Article III, Texas Constitution. If this
�	Act does not receive the vote necessary for immediate effect, this
�	Act takes effect September 1, 2009.
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�	______________________________	______________________________
�	��President of the Senate	Speaker of the House��
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�	��I hereby certify that S.B.�No.�1056 passed the Senate on
�	April�9,�2009, by the following vote: Yeas�31, Nays�0; and that
�	the Senate concurred in House amendment on May 29, 2009, by the
�	following vote: Yeas�31, Nays�0.
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�	______________________________
�	Secretary of the Senate��
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�	��I hereby certify that S.B.�No.�1056 passed the House, with
�	amendment, on May�26,�2009, by the following vote: Yeas�142,
�	Nays�0, two present not voting.
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�	______________________________
�	Chief Clerk of the House��
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�	Approved:
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�	______________________________�
�	��Date
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�	______________________________�
�	��Governor