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.
Source
Last accessed
Oct. 15, 2019