Bill Text: TX SB989 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to criminal history record information for certain master, magistrate, referee, associate judge, or other court official applicants appointed or employed to serve in a state court.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-01-29 - Filed [SB989 Detail]
Download: Texas-2025-SB989-Introduced.html
| 89R1968 JTZ-D | ||
| By: Bettencourt | S.B. No. 989 | |
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| relating to criminal history record information for certain master, | ||
| magistrate, referee, associate judge, or other court official | ||
| applicants appointed or employed to serve in a state court. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 54, Government Code, is amended by | ||
| adding Subchapter A to read as follows: | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 54.001. CRIMINAL HISTORY RECORD INFORMATION | ||
| REQUIREMENTS FOR APPLICANTS. (a) This section applies to an | ||
| applicant seeking appointment or employment under this chapter in a | ||
| court of this state as a master, magistrate, referee, associate | ||
| judge, or other court official who assesses or determines the | ||
| eligibility or amount of bail for a criminal defendant. | ||
| (b) A court shall require an applicant for a position | ||
| described by Subsection (a) to submit a complete and legible set of | ||
| fingerprints, on a form the Office of Court Administration of the | ||
| Texas Judicial System prescribes, to the court or to the Department | ||
| of Public Safety for the purpose of obtaining criminal history | ||
| record information from the Department of Public Safety and the | ||
| Federal Bureau of Investigation. | ||
| (c) A court may not appoint or employ an applicant for a | ||
| position described by Subsection (a) unless the court conducts a | ||
| criminal history record check of the applicant using information: | ||
| (1) the applicant provides under this section; and | ||
| (2) the Department of Public Safety, the Federal | ||
| Bureau of Investigation, and any other criminal justice agency | ||
| under Subchapter F, Chapter 411, makes available to the court. | ||
| (d) A court may: | ||
| (1) enter into an agreement with the Department of | ||
| Public Safety to administer criminal history record checks required | ||
| under this section; and | ||
| (2) authorize the Department of Public Safety to | ||
| collect from each applicant the costs the department incurs in | ||
| conducting the criminal history record check. | ||
| SECTION 2. Subchapter F, Chapter 411, Government Code, is | ||
| amended by adding Section 411.14085 to read as follows: | ||
| Sec. 411.14085. ACCESS TO CRIMINAL HISTORY RECORD | ||
| INFORMATION: COURTS WITH CRIMINAL JURISDICTION. (a) A district | ||
| court, constitutional county court, statutory county court, | ||
| justice court, or municipal court with jurisdiction over criminal | ||
| cases is entitled to obtain from the department as authorized under | ||
| Section 54.001 criminal history record information the department | ||
| maintains that relates to an applicant for appointment or | ||
| employment as a master, magistrate, referee, associate judge, or | ||
| other court official who assesses or determines the eligibility or | ||
| amount of bail for a criminal defendant for that court. | ||
| (b) Criminal history record information a court obtains | ||
| under Subsection (a) may be used only to evaluate an applicant. | ||
| (c) The court may not release or disclose criminal history | ||
| record information the court obtains under Subsection (a) except | ||
| with the consent of the person who is the subject of the | ||
| information. | ||
| (d) After the expiration of any probationary term of the | ||
| person's appointment or employment, the court shall destroy all | ||
| criminal history record information the court obtains under | ||
| Subsection (a). | ||
| SECTION 3. This Act takes effect September 1, 2025. | ||
