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