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A BILL TO BE ENTITLED
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AN ACT
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relating to the publication of confidential criminal and juvenile |
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justice records of certain juveniles; providing civil penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 109, Business & Commerce |
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Code, as added by Chapter 1200 (S.B. 1289), Acts of the 83rd |
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Legislature, Regular Session, 2013, is amended to read as follows: |
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CHAPTER 109. BUSINESS ENTITIES ENGAGED IN PUBLICATION OF CERTAIN |
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CRIMINAL RECORD OR JUVENILE RECORD INFORMATION |
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SECTION 2. Section 109.001, Business & Commerce Code, as |
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added by Chapter 1200 (S.B. 1289), Acts of the 83rd Legislature, |
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Regular Session, 2013, is amended by adding Subdivisions (5), (6), |
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(7), and (8) to read as follows: |
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(5) "Confidential criminal record information of a |
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child" means information about a person's involvement in the |
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criminal justice system resulting from conduct that occurred or was |
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alleged to occur when the person was younger than 17 years of age |
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that is confidential under Chapter 45, Code of Criminal Procedure, |
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or other law. The term does not include: |
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(A) criminal record information of a person |
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certified to stand trial as an adult for that conduct, as provided |
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by Section 54.02, Family Code; or |
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(B) information relating to a traffic offense. |
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(6) "Confidential juvenile record information" means |
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information about a person's involvement in the juvenile justice |
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system that is confidential, sealed, under restricted access, or |
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required to be destroyed under Chapter 58, Family Code, or other |
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law, including: |
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(A) a description or notation of any referral to |
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a juvenile probation department or court with jurisdiction under |
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Title 3, Family Code, including any instances of being taken into |
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custody, any informal disposition of a custodial or referral event, |
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or any formal charges and the disposition of those charges; |
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(B) a photograph of the person taken pursuant to |
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a custodial event or other involvement in the juvenile justice |
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system under Title 3, Family Code; and |
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(C) personal identifying information of the |
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person contained in any other records of the person's involvement |
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in the juvenile justice system. |
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(7) "Information service" has the meaning assigned by |
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47 U.S.C. Section 153. |
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(8) "Interactive computer service" has the meaning |
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assigned by 47 U.S.C. Section 230(f). |
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SECTION 3. Section 109.002, Business & Commerce Code, as |
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added by Chapter 1200 (S.B. 1289), Acts of the 83rd Legislature, |
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Regular Session, 2013, is amended to read as follows: |
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Sec. 109.002. APPLICABILITY OF CHAPTER. (a) Subject to |
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Subsection (a-1) and except as provided by Subsection (b), this |
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[This] chapter applies to: |
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(1) a business entity that: |
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(A) [(1)] publishes criminal record information, |
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including information: |
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(i) [(A)] originally obtained pursuant to a |
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request for public information under Chapter 552, Government Code; |
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or |
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(ii) [(B)] purchased or otherwise obtained |
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by the entity or an affiliated business entity from the Department |
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of Public Safety under Subchapter F, Chapter 411, Government Code; |
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and |
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(B) [(2)] requires the payment: |
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(i) [(A)] of a fee in an amount of $150 or |
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more or other consideration of comparable value to remove criminal |
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record information; or |
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(ii) [(B)] of a fee or other consideration |
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to correct or modify criminal record information; or |
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(2) a business entity that publishes confidential |
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juvenile record information or confidential criminal record |
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information of a child in a manner not permitted by Chapter 58, |
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Family Code, Chapter 45, Code of Criminal Procedure, or other law, |
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regardless of: |
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(A) the source of the information; or |
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(B) whether the business entity charges a fee for |
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access to or removal or correction of the information. |
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(a-1) To the extent allowed under federal law, a business |
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entity that is a provider of information services or interactive |
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computer services is subject to this chapter. |
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(b) This chapter does not apply to: |
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(1) a statewide juvenile information and case |
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management system authorized by Subchapter E, Chapter 58, Family |
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Code; |
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(2) a publication of general circulation or an |
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Internet website related to such a publication that contains news |
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or other information, including a magazine, periodical newsletter, |
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newspaper, pamphlet, or report; or |
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(3) a radio or television station that holds a license |
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issued by the Federal Communications Commission. |
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SECTION 4. Chapter 109, Business & Commerce Code, as added |
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by Chapter 1200 (S.B. 1289), Acts of the 83rd Legislature, Regular |
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Session, 2013, is amended by adding Section 109.0045 to read as |
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follows: |
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Sec. 109.0045. PUBLICATION OF CONFIDENTIAL JUVENILE RECORD |
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INFORMATION OR CONFIDENTIAL CRIMINAL RECORD INFORMATION OF A CHILD |
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PROHIBITED. (a) A business entity may not publish confidential |
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juvenile record information or confidential criminal record |
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information of a child. |
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(b) If a business entity receives a written notice by any |
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person that the business entity is publishing information in |
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violation of this section, the business entity must immediately |
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remove the information from the website or publication. |
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(c) If the business entity confirms that the information is |
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not confidential juvenile record information or confidential |
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criminal record information of a child and is not otherwise |
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prohibited from publication, the business entity may republish the |
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information. |
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(d) This section does not entitle a business entity to |
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access confidential juvenile record information or confidential |
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criminal record information of a child. |
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(e) A business entity does not violate this chapter if the |
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business entity published confidential juvenile record information |
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or confidential criminal record information of a child and: |
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(1) the child who is the subject of the records gives |
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written consent to the publication on or after the 18th birthday of |
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the child; |
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(2) the publication of the information is authorized |
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or required by other law; or |
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(3) the business entity is an interactive computer |
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service, as defined by 47 U.S.C. Section 230, and published |
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material provided by another person. |
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SECTION 5. Section 109.005, Business & Commerce Code, as |
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added by Chapter 1200 (S.B. 1289), Acts of the 83rd Legislature, |
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Regular Session, 2013, is amended by adding Subsection (a-1) and |
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amending Subsection (b) to read as follows: |
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(a-1) Except as provided by Section 109.0045(e), a business |
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entity may not publish any information with respect to which the |
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business entity has knowledge or has received notice that the |
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information is confidential juvenile record information or |
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confidential criminal record information of a child. |
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(b) A business entity that publishes information in |
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violation of this section [Subsection (a)] is liable to the |
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individual who is the subject of the information in an amount not to |
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exceed $500 for each separate violation and, in the case of a |
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continuing violation, an amount not to exceed $500 for each |
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subsequent day on which the violation occurs. |
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SECTION 6. Section 109.006(a), Business & Commerce Code, as |
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added by Chapter 1200 (S.B. 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 that publishes criminal record |
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information, confidential juvenile record information, or |
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confidential criminal record information of a child in violation of |
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this chapter is liable to the state for a civil penalty in an amount |
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not to exceed $500 for each separate violation and, in the case of a |
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continuing violation, an amount not to exceed $500 for each |
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subsequent day on which the violation occurs. For purposes of this |
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subsection, each [criminal] record published in violation of this |
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chapter constitutes a separate violation. |
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SECTION 7. Section 109.007, Business & Commerce Code, as |
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added by Chapter 1200 (S.B. 1289), Acts of the 83rd Legislature, |
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Regular Session, 2013, is amended to read as follows: |
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Sec. 109.007. VENUE. An action under this chapter must be |
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brought in a district court: |
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(1) in Travis County if the action is brought by the |
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attorney general; |
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(2) in the county in which the person who is the |
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subject of the criminal record information, confidential juvenile |
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record information, or confidential criminal record information of |
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a child resides; or |
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(3) in the county in which the business entity is |
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located. |
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SECTION 8. Chapter 109, Business & Commerce Code, as added |
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by Chapter 1200 (S.B. 1289), Acts of the 83rd Legislature, Regular |
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Session, 2013, as amended by this Act, applies to any publication of |
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criminal record information, confidential juvenile record |
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information, or confidential criminal record information of a child |
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that occurs on or after the effective date of this Act, regardless |
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of whether: |
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(1) the information relates to events or activities |
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that occurred before, on, or after that date; or |
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(2) the information was initially published before |
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that date. |
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SECTION 9. This Act takes effect September 1, 2015. |