Sec. 411.0851. DUTY OF PRIVATE ENTITY TO UPDATE CRIMINAL HISTORY RECORD INFORMATION; CIVIL LIABILITY. (a) A private entity that compiles and disseminates for compensation criminal history record information shall destroy and may not disseminate any information in the possession of the entity with respect to which the entity has received notice that:
(1) an order of expunction has been issued under Article 55.02, Code of Criminal Procedure; or
(2) an order of nondisclosure of criminal history record information has been issued under Subchapter E-1.
(b) Unless the entity is regulated by the federal Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.) or the Gramm-Leach-Bliley Act (15 U.S.C. Sections 6801 to 6809), a private entity described by Subsection (a) that purchases criminal history record information from the department or from another governmental agency or entity in this state:
(1) may disseminate that information only if, within the 90-day period preceding the date of dissemination, the entity:
(A) originally obtains that information; or
(B) receives that information as updated record information to its database; and
(2) shall notify the department if the entity sells any compilation of the information to another similar entity.
(c) A private entity that disseminates information in violation of this section is liable for any damages that are sustained as a result of the violation by the person who is the subject of that information. A person who prevails in an action brought under this section is also entitled to recover court costs and reasonable attorney's fees.
Added by Acts 2007, 80th Leg., R.S., Ch. 1017 (H.B. 1303), Sec. 7, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 780 (S.B. 1056), Sec. 2, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 731 (H.B. 961), Sec. 8, eff. June 17, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 23, eff. September 1, 2015.
Structure Texas Statutes
Subtitle B - Law Enforcement and Public Protection
Chapter 411 - Department of Public Safety of the State of Texas
Subchapter F. Criminal History Record Information
Section 411.081. Application of Subchapter
Section 411.083. Dissemination of Criminal History Record Information
Section 411.0835. Prohibition Against Dissemination to Certain Private Entities
Section 411.084. Use of Criminal History Record Information
Section 411.0845. Criminal History Clearinghouse
Section 411.0865. Contracts for Fingerprinting Services
Section 411.089. Access to Criminal History Record Information: Criminal Justice Agency
Section 411.0901. Access to Criminal History Record Information: Texas Education Agency
Section 411.091. Access to Criminal History Record Information: Texas Alcoholic Beverage Commission
Section 411.092. Access to Criminal History Record Information: Banking Commissioner
Section 411.095. Access to Criminal History Record Information: Consumer Credit Commissioner
Section 411.096. Access to Criminal History Record Information: Texas Racing Commission
Section 411.0971. Access to Criminal History Record Information: Teacher Retirement System of Texas
Section 411.1005. Access to Criminal History Record Information: State Bar of Texas
Section 411.102. Access to Criminal History Record Information: Mcgruff House Program
Section 411.103. Access to Criminal History Record Information: Child Watch Program
Section 411.106. Access to Criminal History Record Information: Texas Department of Insurance
Section 411.107. Access to Criminal History Record Information: Receiver
Section 411.108. Access to Criminal History Record Information: Texas Lottery Commission
Section 411.109. Access to Criminal History Record Information: Comptroller
Section 411.111. Access to Criminal History Record Information: District Court; Name Changes
Section 411.112. Access to Criminal History Record Information: Texas Commission on Law Enforcement
Section 411.113. Access to Criminal History Record Information: Texas School for the Deaf
Section 411.1141. Access to Criminal History Record Information: Texas Juvenile Justice Department
Section 411.1145. Access to Criminal History Record Information: State Preservation Board
Section 411.1146. Access to Criminal History Record Information: Department of Agriculture
Section 411.1147. Access to Criminal History Record Information: Texas Historical Commission
Section 411.1181. Access to Criminal History Record Information; Applicants for Employment
Section 411.121. Access to Criminal History Record Information: Adjutant General
Section 411.1211. Access to Criminal History Record Information: Texas Veterans Commission
Section 411.122. Access to Criminal History Record Information: Licensing or Regulatory Agency
Section 411.123. Access to Criminal History Record Information: Municipal Fire Department
Section 411.1235. Access to Criminal History Record Information: Volunteer Fire Departments
Section 411.1236. Access to Criminal History Record Information: Texas Commission on Fire Protection
Section 411.125. Access to Criminal History Record Information: Texas Board of Nursing
Section 411.126. Access to Criminal History Record Information: Volunteer Centers
Section 411.1271. Access to Criminal History Record Information: Office of the Attorney General
Section 411.128. Access to Criminal History Record Information: Person Seeking to Adopt Child
Section 411.129. Access to Criminal History Record Information: Employment by Municipality
Section 411.1295. Access to Criminal History Record Information: Employment by County
Section 411.130. Access to Criminal History Record Information; Crime Victims' Institute
Section 411.131. Access to Criminal History Record Information: Safe Houses
Section 411.132. Access to Criminal History Record Information: State Auditor
Section 411.133. Access to Criminal History Record Information: Regional Tollway Authorities
Section 411.134. Criminal History Record Information: Texas State Library and Archives Commission
Section 411.135. Access to Certain Information by Public
Section 411.1389. Access to Criminal History Record Information: Texas Civil Commitment Office
Section 411.139. Access to Criminal History Record Information: State Securities Board
Section 411.1391. Access to Criminal History Record Information: Texas Facilities Commission
Section 411.140. Access to Criminal History Record Information: State Commission on Judicial Conduct
Section 411.1403. Access to Criminal History Record Information: Railroad Commission of Texas
Section 411.1404. Access to Criminal History Record Information: Department of Information Resources
Section 411.14055. Access to Criminal History Record Information: Texas School Safety Center
Section 411.14065. Access to Criminal History Record Information: County Tax Assessor-Collector
Section 411.1407. Access to Criminal History Record Information: Credit Union Department
Section 411.1409. Access to Criminal History Information: Appellate Courts
Section 411.1410. Access to Criminal History Record Information: United States Armed Forces