S.B. No. 1044
 
 
 
 
AN ACT
  relating to access to criminal history record information by
  certain entities, including certain local government corporations,
  public defender's offices, and the office of capital writs, and to
  an exemption for those offices from fees imposed for processing
  inquiries for that information.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 411.082, Government Code, is amended by
  adding Subdivisions (5) and (6) to read as follows:
               (5)  "Office of capital writs" means the office of
  capital writs established under Subchapter B, Chapter 78.
               (6)  "Public defender's office" has the meaning
  assigned by Article 26.044(a), Code of Criminal Procedure.
         SECTION 2.  Section 411.088, Government Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  Except as otherwise provided by Subsection (a-1), the
  [The] department may charge a person [that is not primarily a
  criminal justice agency] a fee for processing inquiries for
  criminal history record information.  The department may charge:
               (1)  a fee of $10 for each inquiry for criminal history
  record information on a person that is processed only on the basis
  of the person's name, unless the inquiry is submitted
  electronically or by magnetic media, in which event the fee is $1;
               (2)  a fee of $15 for each inquiry for criminal history
  record information on a person that is processed on the basis of a
  fingerprint comparison search; and
               (3)  except as provided by Subsection (b), actual costs
  for processing all other information inquiries.
         (a-1)  The department may not charge a fee under Subsection
  (a) for providing criminal history record information to:
               (1)  a criminal justice agency;
               (2)  the office of capital writs; or
               (3)  a public defender's office.
         SECTION 3.  Subchapter F, Chapter 411, Government Code, is
  amended by adding Section 411.1272 to read as follows:
         Sec. 411.1272.  ACCESS TO CRIMINAL HISTORY RECORD
  INFORMATION:  OFFICE OF CAPITAL WRITS AND PUBLIC DEFENDER'S
  OFFICES. The office of capital writs and a public defender's office
  are entitled to obtain from the department criminal history record
  information maintained by the department that relates to a criminal
  case in which an attorney compensated by the office of capital writs
  or by the public defender's office has been appointed.
         SECTION 4.  Subchapter F, Chapter 411, Government Code, is
  amended by adding Section 411.1301 to read as follows:
         Sec. 411.1301.  ACCESS TO CRIMINAL HISTORY RECORD
  INFORMATION:  CERTAIN LOCAL GOVERNMENT CORPORATIONS ENGAGED IN
  CRIMINAL IDENTIFICATION ACTIVITIES.  (a)  This section applies
  only to a local government corporation that is created under
  Subchapter D, Chapter 431, Transportation Code, for governmental
  purposes relating to criminal identification activities, including
  forensic analysis, and that allocates a substantial part of its
  annual budget to those criminal identification activities.
         (b)  A local government corporation described by Subsection
  (a) is entitled to obtain from the department criminal history
  record information maintained by the department that relates to a
  person who:
               (1)  is an employee or an applicant for employment with
  the local government corporation;
               (2)  is a consultant, intern, or volunteer for the
  local government corporation or an applicant to serve as a
  consultant, intern, or volunteer;
               (3)  proposes to enter into a contract with or has a
  contract with the local government corporation to perform services
  for or supply goods to the local government corporation; or
               (4)  is an employee or subcontractor, or an applicant
  to be an employee or subcontractor, of a contractor that provides
  services to the local government corporation.
         (c)  Criminal history record information obtained by a local
  government corporation under Subsection (b) may not be released or
  disclosed to any person except:
               (1)  on court order; or
               (2)  with the consent of the person who is the subject
  of the criminal history record information.
         SECTION 5.  This Act takes effect September 1, 2013.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1044 passed the Senate on
  April 23, 2013, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1044 passed the House on
  May 22, 2013, by the following vote:  Yeas 148, Nays 0, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor