H.B. No. 76
 
AN ACT
relating to the collection and analysis of information relating to
certain sexual offenses.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 411.042, Government Code, is amended by
amending Subsections (b) and (g) and adding Subsections (h) and (i)
to read as follows:
       (b)  The bureau of identification and records shall:
             (1)  procure and file for record photographs, pictures,
descriptions, fingerprints, measurements, and other pertinent
information of all persons arrested for or charged with a criminal
offense or convicted of a criminal offense, regardless of whether
the conviction is probated;
             (2)  collect information concerning the number and
nature of offenses reported or known to have been committed in the
state and the legal steps taken in connection with the offenses, and
other information useful in the study of crime and the
administration of justice, including information that enables the
bureau to create a statistical breakdown of [those] offenses in
which family violence was involved and a statistical breakdown of
offenses under Sections 22.011 and 22.021, Penal Code;
             (3)  make ballistic tests of bullets and firearms and
chemical analyses of bloodstains, cloth, materials, and other
substances for law enforcement officers of the state;
             (4)  cooperate with identification and crime records
bureaus in other states and the United States Department of
Justice;
             (5)  maintain a list of all previous background checks
for applicants for any position regulated under Chapter 1702,
Occupations Code, who have undergone a criminal history background
check under Section 411.119, if the check indicates a Class B
misdemeanor or equivalent offense or a greater offense; and
             (6)  collect information concerning the number and
nature of protective orders and all other pertinent information
about all persons on active protective orders. Information in the
law enforcement information system relating to an active protective
order shall include:
                   (A)  the name, sex, race, date of birth, personal
descriptors, address, and county of residence of the person to whom
the order is directed;
                   (B)  any known identifying number of the person to
whom the order is directed, including the person's social security
number or driver's license number;
                   (C)  the name and county of residence of the
person protected by the order;
                   (D)  the residence address and place of employment
or business of the person protected by the order, unless that
information is excluded from the order under Section 85.007, Family
Code;
                   (E)  the child-care facility or school where a
child protected by the order normally resides or which the child
normally attends, unless that information is excluded from the
order under Section 85.007, Family Code;
                   (F)  the relationship or former relationship
between the person who is protected by the order and the person to
whom the order is directed; and
                   (G)  the date the order expires.
       (g)  The department may adopt reasonable rules under this
section relating to:
             (1)  law enforcement information systems maintained by
the department;
             (2)  the collection, maintenance, and correction of
records;
             (3)  reports of criminal history information submitted
to the department; [and]
             (4)  active protective orders issued under Title 4 
[Chapter 71], Family Code, and reporting procedures that ensure
that information relating to the issuance of an active protective
order and to the dismissal of an active protective order is reported
to the local law enforcement agency at the time of the order's
issuance or dismissal and entered by the local law enforcement
agency in the state's law enforcement information system; and
             (5)  the collection of information described by
Subsection (h).
       (h)  Information collected to perform a statistical
breakdown of offenses under Sections 22.011 and 22.021, Penal Code,
as required by Subsection (b)(2) must include information
indicating the specific offense committed and information
regarding:
             (1)  the victim;
             (2)  the offender and the offender's relationship to
the victim;
             (3)  any weapons used or exhibited in the commission of
the offense; and
             (4)  any injuries sustained by the victim.
       (i)  A law enforcement agency shall report offenses under
Section 22.011 or 22.021, Penal Code, to the department in the form
and manner and at regular intervals as prescribed by rules adopted
by the department. The report must include the information
described by Subsection (h).
       SECTION 2.  In consultation with statewide, nonprofit sexual
assault programs, the Department of Public Safety of the State of
Texas shall establish the rules and procedures necessary to comply
with Section 411.042, Government Code, as amended by this Act, not
later than October 1, 2007.
       SECTION 3.  This Act takes effect September 1, 2007.
____________________________________________________________
   President of the SenateSpeaker of the House      
       I certify that H.B. No. 76 was passed by the House on March
14, 2007, by the following vote:  Yeas 145, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 76 on May 1, 2007, by the following vote:  Yeas 142, Nays 0, 2
present, not voting.
______________________________
Chief Clerk of the House   
       I certify that H.B. No. 76 was passed by the Senate, with
       I certify that H.B. No. 76 was passed by the Senate, with
amendments, on April 26, 2007, by the following vote:  Yeas 31,
Nays 0.
______________________________
Secretary of the Senate   
APPROVED: __________________
APPROVED: __________________
                Date       
 
 
         __________________
              Governor