Tex.
Bus. & Com. Code Section 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 (Public Information), 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 (Application of Subchapter), Chapter 411 (Department of Public Safety of the State of Texas), 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 (Records; Juvenile Justice Information System), Family Code, Chapter 45 (Justice and Municipal Courts), 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.(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 (Public Information), 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 (Application of Subchapter), Chapter 411 (Department of Public Safety of the State of Texas), 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 (Records; Juvenile Justice Information System), Family Code, Chapter 45A (Justice and Municipal Courts), 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 (Definitions), Chapter 58 (Records; Juvenile Justice Information System), 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.
Source:
Section 109.002 — Applicability of Chapter, https://statutes.capitol.texas.gov/Docs/BC/htm/BC.109.htm#109.002 (accessed Jun. 5, 2024).
