SB989 - Relating to criminal history record information for certain master, magistrate, referee, associate judge, or other court official applicants appointed or employed to serve in a state court.

      By: Bettencourt S.B. No. 989     A BILL TO BE ENTITLED   AN ACT   relating to criminal history record information for certain master,   magistrate, referee, associate judge, or other court official   applicants appointed or employed to serve in a state court.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 54, Government Code, is amended by   adding Subchapter A to read as follows:   SUBCHAPTER A. GENERAL PROVISIONS           Sec.   54.001.     CRIMINAL HISTORY RECORD INFORMATION   REQUIREMENTS FOR APPLICANTS. (a) This section applies to an   applicant seeking appointment or employment under this chapter in a   court of this state as a master, magistrate, referee, associate   judge, or other court official who assesses or determines the   eligibility or amount of bail for a criminal defendant.           (b)     A court shall require an applicant for a position   described by Subsection (a)   to submit a complete and legible set of   fingerprints, on a form the Office of Court Administration of the   Texas Judicial System prescribes, to the court or to the Department   of Public Safety for the purpose of obtaining criminal history   record information from the Department of Public Safety and the   Federal Bureau of Investigation.           (c)     A court may not appoint or employ an applicant for a   position described by Subsection (a) unless the court conducts a   criminal history record check of the applicant using information:                 (1)  the applicant provides under this section; and                 (2)     the Department of Public Safety, the Federal   Bureau of Investigation, and any other criminal justice agency   under Subchapter F, Chapter 411, makes available to the court.           (d)  A court may:                 (1)     enter into an agreement with the Department of   Public Safety to administer criminal history record checks required   under this section; and                 (2)     authorize the Department of Public Safety to   collect from each applicant the costs the department incurs in   conducting the criminal history record check.          SECTION 2.  Subchapter F, Chapter 411, Government Code, is   amended by adding Section 411.14085 to read as follows:           Sec.   411.14085.     ACCESS TO CRIMINAL HISTORY RECORD   INFORMATION: COURTS WITH CRIMINAL JURISDICTION. (a) A district   court, constitutional county court, statutory county court,   justice court, or municipal court with jurisdiction over criminal   cases is entitled to obtain from the department as authorized under   Section 54.001 criminal history record information the department   maintains that relates to an applicant for appointment or   employment as a master, magistrate, referee, associate judge, or   other court official who assesses or determines the eligibility or   amount of bail for a criminal defendant for that court.           (b)     Criminal history record information a court obtains   under Subsection (a) may be used only to evaluate an applicant.           (c)     The court may not release or disclose criminal history   record information the court obtains under Subsection (a) except   with the consent of the person who is the subject of the   information.           (d)     After the expiration of any probationary term of the   person's appointment or employment, the court shall destroy all   criminal history record information the court obtains under   Subsection (a).          SECTION 3.  This Act takes effect September 1, 2025.