By: Jackson	H.B. No. 599

	A BILL TO BE ENTITLED
	AN ACT
	relating to the release of certain criminal history record
	information subject to an order of nondisclosure.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 411.081, Government Code, is amended by
	amending Subsections (d) and (f-1), by reenacting and amending
	Subsection (i), as amended by Chapters 183 (H.B. 1830), 780 (S.B.
	1056), 816 (S.B. 1599), and 1027 (H.B. 4343), Acts of the 81st
	Legislature, Regular Session, 2009, and by adding Subsection (i-1)
	to read as follows:
	(d)  Notwithstanding any other provision of this subchapter,
	if a person is placed on deferred adjudication community
	supervision under Section 5, Article 42.12, Code of Criminal
	Procedure, subsequently receives a discharge and dismissal under
	Section 5(c), Article 42.12, and satisfies the requirements of
	Subsection (e), the person may petition the court that placed the
	person [defendant] on deferred adjudication for an order of
	nondisclosure under this subsection.  Except as provided by
	Subsection (e), a person may petition the court under this
	subsection regardless of whether the person has been previously
	placed on deferred adjudication community supervision for another
	offense.  After notice to the state and a hearing on whether the
	person is entitled to file the petition and issuance of the order is
	in the best interest of justice, the court shall issue an order
	prohibiting criminal justice agencies from disclosing to the public
	criminal history record information related to the offense giving
	rise to the deferred adjudication.  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 or regulatory licensing purposes[, an agency or entity
	listed in Subsection (i),] or to the person who is the subject of
	the order.  Except as provided by Subsection (i-1), a criminal
	justice agency may disclose criminal history record information
	that is the subject of the order to an agency or entity listed in
	Subsection (i) only if the offense for which the person was placed
	on deferred adjudication is a felony. A person may petition the
	court that placed the person on deferred adjudication for an order
	of nondisclosure on payment of a $28 fee to the clerk of the court in
	addition to any other fee that generally applies to the filing of a
	civil petition. The payment may be made only on or after:
	(1)  the discharge and dismissal, if the offense for
	which the person was placed on deferred adjudication was a
	misdemeanor other than a misdemeanor described by Subdivision (2);
	(2)  the second anniversary of the discharge and
	dismissal, if the offense for which the person was placed on
	deferred adjudication was a misdemeanor under Chapter 20, 21, 22,
	25, 42, or 46, Penal Code; or
	(3)  the fifth anniversary of the discharge and
	dismissal, if the offense for which the person was placed on
	deferred adjudication was a felony.
	(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)  Except as provided by Subsection (i-1), a [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,
	and only if the offense for which the person was placed on deferred
	adjudication is a felony:
	(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;
	(24)  the Texas Education Agency; [and]
	(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;
	(27) [(25)]  the Department of Information Resources
	but only regarding an employee, applicant for employment,
	contractor, subcontractor, intern, or volunteer who provides
	network security services under Chapter 2059 to:
	(A)  the Department of Information Resources; or
	(B)  a contractor or subcontractor of the
	Department of Information Resources;
	(28) [(25)]  the Court Reporters Certification Board;
	and
	(29)  [(25)] the Texas Department of Insurance.
	(i-1)  A criminal justice agency may disclose criminal
	history record information that is the subject of an order of
	nondisclosure under Subsection (d), regardless of whether the
	offense for which the person was placed on deferred adjudication i
	s
	a felony or a misdemeanor, to an agency or entity listed in
	Subsection (i)(19).  A criminal justice agency may disclose
	criminal history record information that is the subject of an order
	of nondisclosure under Subsection (d) to an agency or entity listed
	in Subsection (i)(20) if the offense for which the person was placed
	on deferred adjudication is:
	(1)  a felony; or
	(2)  a misdemeanor under Chapter 31, Penal Code, or
	under Section 32.21 or 32.45 of that code.
	SECTION 2.  Section 411.081(j), Government Code, is
	repealed.
	SECTION 3.  The change in law made by this Act to Section
	411.081, Government Code, applies to the disclosure on or after the
	effective date of this Act of criminal history record information
	that is the subject of an order of nondisclosure, regardless of
	whether the order is issued before, on, or after the effective date
	of this Act.
	SECTION 4.  To the extent of any conflict, this Act prevails
	over another Act of the 82nd Legislature, Regular Session, 2011,
	relating to nonsubstantive additions to and corrections in enacted
	codes.
	SECTION 5.  This Act takes effect September 1, 2011.