Bill Text: TX SB120 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to criminal history record information obtained or disseminated by certain private entities; providing a civil penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-02-01 - Referred to Criminal Justice [SB120 Detail]
Download: Texas-2019-SB120-Introduced.html
86R1445 JSC-D | ||
By: West | S.B. No. 120 |
|
||
|
||
relating to criminal history record information obtained or | ||
disseminated by certain private entities; providing a civil | ||
penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 411.0851, Government Code, is amended by | ||
amending Subsections (a) and (b) and adding Subsections (a-1) and | ||
(d) to read as follows: | ||
(a) This section applies only to a [ |
||
(1) compiles and disseminates for compensation | ||
criminal history record information of individuals; and | ||
(2) provides the information described by Subdivision | ||
(1) to a customer on request without verifying the information | ||
after receipt of the request. | ||
(a-1) A private entity described by Subsection (a) shall | ||
destroy and may not disseminate any information in the possession | ||
of the entity with respect to which the entity has received a | ||
certified or noncertified copy of the order showing or notice from | ||
the department that: | ||
(1) an order of expunction has been issued under | ||
Article 55.02, Code of Criminal Procedure; or | ||
(2) an order of nondisclosure of criminal history | ||
record information has been issued under Subchapter E-1. | ||
(b) Except as otherwise provided by federal law [ |
||
|
||
|
||
|
||
Subsection (a) that purchases or otherwise obtains criminal history | ||
record information that originates from the department, a custodian | ||
of court records, or [ |
||
in this state: | ||
(1) may disseminate that information: | ||
(A) [ |
||
preceding the date of dissemination, the entity verifies [ |
||
[ |
||
obtained from or verified by the department, a custodian of court | ||
records, or another governmental agency or entity in this state | ||
within that same 60-day period; or | ||
(B) with a notice [ |
||
was received from the governmental source more than 60 days before | ||
the date it is being provided and may not reflect the current state | ||
of the criminal history record information and should be verified | ||
before taking any action based on the information, to: | ||
(i) a law enforcement agency; or | ||
(ii) an investigations agency licensed | ||
under Chapter 1702, Occupations Code, or similar statute of another | ||
state or a consumer reporting agency for a purpose regulated under | ||
the federal Fair Credit Reporting Act (15 U.S.C. Section 1681 et | ||
seq.), if the recipient of the information has certified in writing | ||
that the information will be used exclusively for the purpose of | ||
generating investigative leads and will not be shared with any | ||
other party unless verified as accurate and up to date under Section | ||
20.071, Business & Commerce Code [ |
||
|
||
(2) shall on a quarterly basis notify the department | ||
of the name and contact information of each similar entity to which | ||
[ |
||
the previous quarter [ |
||
(d) Information reported to the department under Subsection | ||
(b)(2) is not subject to Chapter 552. | ||
SECTION 2. Subchapter F, Chapter 411, Government Code, is | ||
amended by adding Sections 411.0852, 411.0853, 411.0854, and | ||
411.0855 to read as follows: | ||
Sec. 411.0852. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION MAINTAINED BY PRIVATE ENTITY; DISPUTES OF ACCURACY. | ||
(a) On written request by a person who is the subject of criminal | ||
history record information maintained by a private entity described | ||
by Section 411.0851(a), the entity shall provide to the person a | ||
copy of all records regarding that person maintained by the entity | ||
not later than the 30th business day after the receipt of the | ||
request. | ||
(b) A person is entitled to receive one copy of the person's | ||
criminal history record information pursuant to a request under | ||
Subsection (a) at no charge to the person each calendar year. An | ||
entity described by Section 411.0851(a) may charge a reasonable fee | ||
for subsequent copies requested by the person within a calendar | ||
year. | ||
(c) If a person disputes the accuracy of any portion of the | ||
person's criminal history record information maintained by a | ||
private entity described by Section 411.0851(a), the person may | ||
submit a written request to the entity for verification along with | ||
any supporting documentation, including a copy of a court order, if | ||
applicable. On receipt of a written request under this subsection, | ||
the entity shall promptly initiate an investigation into the | ||
accuracy of the disputed information. Not later than the 30th day | ||
after the date the written request is received, the entity shall | ||
complete the investigation, notify the person who is the subject of | ||
the disputed information of the outcome of the investigation, and | ||
correct the information as applicable. | ||
(d) If a person disputes the criminal history record | ||
information maintained by a private entity described by Section | ||
411.0851(a) on the basis of an order of nondisclosure of criminal | ||
history record information or an order of expunction, the person | ||
may submit a written request to the entity for removal of the | ||
person's information. Not later than the 15th day after receipt of | ||
the request accompanied by a certified or uncertified copy of the | ||
court order, the entity shall remove the information that is the | ||
subject of the court order. | ||
(e) A private entity described by Section 411.0851(a) that | ||
fails to comply with Subsection (c) or (d) is liable for any damages | ||
that are sustained as a result of the violation by the person who is | ||
the subject of that information. A person who prevails in an action | ||
brought under this subsection is also entitled to recover court | ||
costs and reasonable attorney's fees. | ||
Sec. 411.0853. PUBLIC DISCLOSURES BY PRIVATE ENTITIES; | ||
CIVIL PENALTY. (a) Each private entity described by Section | ||
411.0851(a) shall, not later than the 30th day after the date the | ||
entity begins doing business in this state, disclose the entity's | ||
name and contact information to the department in the form and | ||
manner prescribed by the department. | ||
(b) Disclosures required under this section are subject to | ||
Chapter 552. The department shall publish the disclosures required | ||
under this section on the department's Internet website. | ||
(c) The department shall adopt rules to implement this | ||
section. | ||
(d) An entity that fails to comply with Subsection (a) is | ||
liable to the state for a civil penalty of $500 for each violation. | ||
Each day the violation continues constitutes a separate violation | ||
for purposes of this subsection. | ||
(e) At the request of the department, the attorney general | ||
may bring an action to recover the civil penalty authorized by | ||
Subsection (d). The attorney general and the department may | ||
recover reasonable expenses incurred in obtaining the civil | ||
penalty, including court costs, reasonable attorney's fees, | ||
investigation costs, witness fees, and deposition expenses. | ||
(f) A civil penalty collected under Subsection (d) shall be | ||
deposited in the state treasury to the credit of the department for | ||
the administration of this chapter. | ||
Sec. 411.0854. DISCLOSURES BY PRIVATE ENTITIES TO | ||
PURCHASERS OR OTHER RECIPIENTS. A private entity described by | ||
Section 411.0851(a) shall disclose to each purchaser or recipient | ||
of criminal history record information at the time the information | ||
is provided: | ||
(1) the name of the governmental entity from which the | ||
information originated; and | ||
(2) the date on which the information was last | ||
received from or updated by the governmental entity. | ||
Sec. 411.0855. DUTIES OF PURCHASER OR RECIPIENT OF CRIMINAL | ||
HISTORY RECORD INFORMATION USED FOR EMPLOYMENT, LICENSING, OR | ||
HOUSING. (a) In this section, "adverse decision" means a decision | ||
to disqualify an individual or otherwise negatively affect the | ||
eligibility of an individual for employment, licensing, or housing. | ||
(b) A person who purchases, accesses, or otherwise receives | ||
criminal history record information and uses the information as the | ||
basis for an adverse decision regarding the individual who is the | ||
subject of the information shall disclose to that individual the | ||
name and contact information of the entity from which the person | ||
received the information. | ||
SECTION 3. Subchapter C, Chapter 20, Business & Commerce | ||
Code, is amended by adding Section 20.071 to read as follows: | ||
Sec. 20.071. FURNISHING OF CONSUMER REPORT FOR EMPLOYMENT | ||
OR HOUSING PURPOSES; EXCEPTION FOR NATIONAL SECURITY | ||
INVESTIGATION. (a) This section does not apply to the furnishing | ||
of a consumer report to an agency or department of the federal | ||
government that seeks to obtain and use the report for employment | ||
purposes and whose agency or department head makes a written | ||
finding as prescribed by 15 U.S.C. Section 1681b(b)(4)(A). | ||
(b) A consumer reporting agency that compiles and reports | ||
information related to a consumer's criminal history for purposes | ||
of furnishing a consumer report for employment or housing purposes | ||
shall implement and maintain strict procedures designed to ensure | ||
that the criminal history record information reported is complete | ||
and up to date. For purposes of this subsection, criminal history | ||
record information contained in a consumer report is considered: | ||
(1) complete if the information reflects: | ||
(A) the offense alleged; | ||
(B) the jurisdiction in which the criminal | ||
history record information originated; | ||
(C) the date of the arrest or filing of criminal | ||
charges; | ||
(D) the current status of any criminal case | ||
proceeding, if charges have been filed; and | ||
(E) the disposition of the case and the date of | ||
that disposition, if applicable; and | ||
(2) up to date if the information related to an arrest, | ||
filing of criminal charges, or conviction or other disposition of | ||
the case reflects the most recent public record status of the | ||
information described by Subdivision (1) at the time the consumer | ||
report is requested. | ||
SECTION 4. (a) Section 411.0851, Government Code, as | ||
amended by this Act, applies only to information disseminated on or | ||
after the effective date of this Act. Information disseminated | ||
before the effective date of this Act is governed by the law in | ||
effect on the date the information was disseminated, and the former | ||
law is continued in effect for that purpose. | ||
(b) Not later than October 1, 2019, a private entity that | ||
compiles and disseminates for compensation criminal history record | ||
information shall submit the initial quarterly notification under | ||
Section 411.0851, Government Code, as amended by this Act. | ||
(c) The Department of Public Safety of the State of Texas | ||
shall adopt rules to implement Section 411.0853, Government Code, | ||
as added by this Act, not later than January 1, 2020. | ||
(d) An entity subject to Section 411.0853, Government Code, | ||
as added by this Act, is not required to submit the initial | ||
disclosures required under that section before February 1, 2020. | ||
(e) Section 411.0854, Government Code, as added by this Act, | ||
applies only to criminal history record information provided to a | ||
purchaser or recipient on or after the effective date of this Act. | ||
Criminal history record information provided to a purchaser or | ||
recipient before the effective date of this Act is governed by the | ||
law in effect on the date the information was provided, and the | ||
former law is continued in effect for that purpose. | ||
(f) Section 411.0855, Government Code, as added by this Act, | ||
applies only to criminal history record information purchased, | ||
accessed, received, or otherwise used on or after the effective | ||
date of this Act. Criminal history record information purchased, | ||
accessed, received, or otherwise used before the effective date of | ||
this Act is governed by the law in effect on the date the | ||
information was purchased, accessed, received, or otherwise used, | ||
and the former law is continued in effect for that purpose. | ||
SECTION 5. This Act takes effect September 1, 2019. |