Tex. Gov't Code § 411.0851 · Subchapter F. CRIMINAL HISTORY RECORD INFORMATION
DUTY OF PRIVATE ENTITY TO UPDATE CRIMINAL HISTORY RECORD INFORMATION; CIVIL LIABILITY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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 Subchapter E or F, Chapter 55A, Code of Criminal Procedure; or
(2) an order of nondisclosure of criminal history record information has been issued under Subchapter E-1 of this chapter.
(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.
Notes and commentary — not statutory text
History
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.
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.088, eff. January 1, 2025.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/GV/htm/GV.411.htm
- Text hash
- sha256 ec73d31fb93bfec4723ba79acb5d1cee61e60cd9864a9135ca6ab58fd159a41c
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
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