Texas Business and Commerce Code
Sec.
§
109.002
Applicability of Chapter
(a)
Except as provided by Subsection (b), this chapter applies to:
(1)
a business entity that:
(A)
publishes criminal record information, including information:
(i)
originally obtained pursuant to a request for public information under Chapter 552, Government Code; or
(ii)
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)
requires the payment:
(i)
of a fee in an amount of $150 or more or other consideration of comparable value to remove criminal record information; or
(ii)
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.Added by Acts 2013, 83rd Leg., R.S., Ch. 1200 (S.B. 1289), Sec. 1, eff. September 1, 2013.Amended by:Acts 2015, 84th Leg., R.S., Ch. 1034 (H.B. 1491), Sec. 3, eff. September 1, 2015.