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  H.B. No. 1491
 
 
 
 
AN ACT
  relating to the publication of confidential criminal and juvenile
  justice records of certain juveniles; providing civil penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Chapter 109, Business & Commerce
  Code, as added by Chapter 1200 (S.B. 1289), Acts of the 83rd
  Legislature, Regular Session, 2013, is amended to read as follows:
  CHAPTER 109. BUSINESS ENTITIES ENGAGED IN PUBLICATION OF CERTAIN
  CRIMINAL RECORD OR JUVENILE RECORD INFORMATION
         SECTION 2.  Section 109.001, Business & Commerce Code, as
  added by Chapter 1200 (S.B. 1289), Acts of the 83rd Legislature,
  Regular Session, 2013, is amended by adding Subdivisions (5), (6),
  (7), (8), and (9) to read as follows:
               (5)  "Confidential criminal record information of a
  child" means information about a person's involvement in the
  criminal justice system resulting from conduct that occurred or was
  alleged to occur when the person was younger than 17 years of age
  that is confidential under Chapter 45, Code of Criminal Procedure,
  or other law. The term does not include:
                     (A)  criminal record information of a person
  certified to stand trial as an adult for that conduct, as provided
  by Section 54.02, Family Code; or
                     (B)  information relating to a traffic offense.
               (6)  "Confidential juvenile record information" means
  information about a person's involvement in the juvenile justice
  system that is confidential, sealed, under restricted access, or
  required to be destroyed under Chapter 58, Family Code, or other
  law, including:
                     (A)  a description or notation of any referral to
  a juvenile probation department or court with jurisdiction under
  Title 3, Family Code, including any instances of being taken into
  custody, any informal disposition of a custodial or referral event,
  or any formal charges and the disposition of those charges;
                     (B)  a photograph of the person taken pursuant to
  a custodial event or other involvement in the juvenile justice
  system under Title 3, Family Code; and
                     (C)  personal identifying information of the
  person contained in any other records of the person's involvement
  in the juvenile justice system.
               (7)  "Information service" has the meaning assigned by
  47 U.S.C. Section 153.
               (8)  "Interactive computer service" has the meaning
  assigned by 47 U.S.C. Section 230(f).
               (9)  "Telecommunications provider" has the meaning
  assigned by Section 51.002, Utilities Code.
         SECTION 3.  Section 109.002, Business & Commerce Code, as
  added by Chapter 1200 (S.B. 1289), Acts of the 83rd Legislature,
  Regular Session, 2013, is amended to read as follows:
         Sec. 109.002.  APPLICABILITY OF CHAPTER. (a) Except as
  provided by Subsection (b), this [This] chapter applies to:
               (1)  a business entity that:
                     (A) [(1)]  publishes criminal record information,
  including information:
                           (i) [(A)]  originally obtained pursuant to a
  request for public information under Chapter 552, Government Code;
  or
                           (ii) [(B)]  purchased or otherwise obtained
  by the entity or an affiliated business entity from the Department
  of Public Safety under Subchapter F, Chapter 411, Government Code;
  and
                     (B) [(2)]  requires the payment:
                           (i) [(A)]  of a fee in an amount of $150 or
  more or other consideration of comparable value to remove criminal
  record information; or
                           (ii) [(B)]  of a fee or other consideration
  to correct or modify criminal record information; or
               (2)  a business entity that publishes confidential
  juvenile record information or confidential criminal record
  information of a child in a manner not permitted by Chapter 58,
  Family Code, Chapter 45, Code of Criminal Procedure, or other law,
  regardless of:
                     (A)  the source of the information; or 
                     (B)  whether the business entity charges a fee for
  access to or removal or correction of the information.
         (b)  This chapter does not apply to:
               (1)  a statewide juvenile information and case
  management system authorized by Subchapter E, Chapter 58, Family
  Code;
               (2)  a publication of general circulation or an
  Internet website related to such a publication that contains news
  or other information, including a magazine, periodical newsletter,
  newspaper, pamphlet, or report;
               (3)  a radio or television station that holds a license
  issued by the Federal Communications Commission;
               (4)  an entity that provides an information service or
  that is an interactive computer service; or
               (5)  a telecommunications provider.
         SECTION 4.  Chapter 109, Business & Commerce Code, as added
  by Chapter 1200 (S.B. 1289), Acts of the 83rd Legislature, Regular
  Session, 2013, is amended by adding Section 109.0045 to read as
  follows:
         Sec. 109.0045.  PUBLICATION OF CONFIDENTIAL JUVENILE RECORD
  INFORMATION OR CONFIDENTIAL CRIMINAL RECORD INFORMATION OF A CHILD
  PROHIBITED. (a) A business entity may not publish confidential
  juvenile record information or confidential criminal record
  information of a child.
         (b)  If a business entity receives a written notice by any
  person that the business entity is publishing information in
  violation of this section, the business entity must immediately
  remove the information from the website or publication.
         (c)  If the business entity confirms that the information is
  not confidential juvenile record information or confidential
  criminal record information of a child and is not otherwise
  prohibited from publication, the business entity may republish the
  information.
         (d)  This section does not entitle a business entity to
  access confidential juvenile record information or confidential
  criminal record information of a child.
         (e)  A business entity does not violate this chapter if the
  business entity published confidential juvenile record information
  or confidential criminal record information of a child and:
               (1)  the child who is the subject of the records gives
  written consent to the publication on or after the 18th birthday of
  the child;
               (2)  the publication of the information is authorized
  or required by other law; or
               (3)  the business entity is an interactive computer
  service, as defined by 47 U.S.C. Section 230, and published
  material provided by another person.
         SECTION 5.  Section 109.005, Business & Commerce Code, as
  added by Chapter 1200 (S.B. 1289), Acts of the 83rd Legislature,
  Regular Session, 2013, is amended by adding Subsection (a-1) and
  amending Subsection (b) to read as follows:
         (a-1)  Except as provided by Section 109.0045(e), a business
  entity may not publish any information with respect to which the
  business entity has knowledge or has received notice that the
  information is confidential juvenile record information or
  confidential criminal record information of a child.
         (b)  A business entity that publishes information in
  violation of this section [Subsection (a)] is liable to the
  individual who is the subject of the information in an amount not to
  exceed $500 for each separate violation and, in the case of a
  continuing violation, an amount not to exceed $500 for each
  subsequent day on which the violation occurs.
         SECTION 6.  Section 109.006(a), Business & Commerce Code, as
  added by Chapter 1200 (S.B. 1289), Acts of the 83rd Legislature,
  Regular Session, 2013, is amended to read as follows:
         (a)  A business entity that publishes criminal record
  information, confidential juvenile record information, or
  confidential criminal record information of a child in violation of
  this chapter is liable to the state for a civil penalty in an amount
  not to exceed $500 for each separate violation and, in the case of a
  continuing violation, an amount not to exceed $500 for each
  subsequent day on which the violation occurs.  For purposes of this
  subsection, each [criminal] record published in violation of this
  chapter constitutes a separate violation.
         SECTION 7.  Section 109.007, Business & Commerce Code, as
  added by Chapter 1200 (S.B. 1289), Acts of the 83rd Legislature,
  Regular Session, 2013, is amended to read as follows:
         Sec. 109.007.  VENUE.  An action under this chapter must be
  brought in a district court:
               (1)  in Travis County if the action is brought by the
  attorney general;
               (2)  in the county in which the person who is the
  subject of the criminal record information, confidential juvenile
  record information, or confidential criminal record information of
  a child resides; or
               (3)  in the county in which the business entity is
  located.
         SECTION 8.  Chapter 109, Business & Commerce Code, as added
  by Chapter 1200 (S.B. 1289), Acts of the 83rd Legislature, Regular
  Session, 2013, as amended by this Act, applies to any publication of
  criminal record information, confidential juvenile record
  information, or confidential criminal record information of a child
  that occurs on or after the effective date of this Act, regardless
  of whether:
               (1)  the information relates to events or activities
  that occurred before, on, or after that date; or
               (2)  the information was initially published before
  that date.
         SECTION 9.  This Act takes effect September 1, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1491 was passed by the House on May
  15, 2015, by the following vote:  Yeas 126, Nays 13, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1491 on May 29, 2015, by the following vote:  Yeas 135, Nays 6,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1491 was passed by the Senate, with
  amendments, on May 27, 2015, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor