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AN ACT
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relating to access to criminal history record information for use |
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in certain research or statistical projects. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.083(b), Government Code, is amended |
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to read as follows: |
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(b) The department shall grant access to criminal history |
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record information to: |
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(1) criminal justice agencies; |
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(2) noncriminal justice agencies authorized by |
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federal statute or executive order or by state statute to receive |
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criminal history record information; |
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(3) the person who is the subject of the criminal |
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history record information; |
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(4) a person, including a research organization or |
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public or private institution of higher education, working on a |
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research or statistical project that is related to the |
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administration of criminal justice and approved by the department |
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and that: |
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(A) is funded in whole or in part by a criminal |
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justice grant or government [state] funds; or |
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(B) meets the requirements of Part 22, Title 28, |
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Code of Federal Regulations[, and is approved by the department]; |
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(5) an individual or an agency that has a specific |
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agreement with a criminal justice agency to provide services |
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required for the administration of criminal justice under that |
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agreement, if the agreement: |
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(A) specifically authorizes access to |
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information; |
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(B) limits the use of information to the purposes |
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for which it is given; |
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(C) ensures the security and confidentiality of |
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the information; |
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(D) provides for sanctions if a requirement |
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imposed under Paragraph (A), (B), or (C) is violated; and |
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(E) requires the individual or agency to perform |
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the applicable services in a manner prescribed by the department; |
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(6) an individual or an agency that has a specific |
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agreement with a noncriminal justice agency to provide services |
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related to the use of criminal history record information |
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disseminated under this subchapter, if the agreement: |
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(A) specifically authorizes access to |
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information; |
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(B) limits the use of information to the purposes |
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for which it is given; |
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(C) ensures the security and confidentiality of |
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the information; |
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(D) provides for sanctions if a requirement |
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imposed under Paragraph (A), (B), or (C) is violated; and |
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(E) requires the individual or agency to perform |
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the applicable services in a manner prescribed by the department; |
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(7) a county or district clerk's office; and |
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(8) the Office of Court Administration of the Texas |
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Judicial System. |
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SECTION 2. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1184 was passed by the House on April |
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28, 2023, by the following vote: Yeas 122, Nays 23, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1184 was passed by the Senate on May |
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18, 2023, by the following vote: Yeas 26, Nays 5. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |