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 (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, 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.

(b)

This chapter does not apply to:

(1)

a statewide juvenile information and case management system authorized by Subchapter E, 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.
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.
Source
Last accessed
Sep. 23, 2020