Tex.
Bus. & Com. Code Section 109.005
Publication of Certain Criminal Record Information Prohibited; Civil Liability
(a)
A business entity may not publish any criminal record information in the business entity’s possession with respect to which the business entity has knowledge or has received notice that:(1)
an order of expunction has been issued under Article 55.02, Code of Criminal Procedure; or(2)
an order of nondisclosure of criminal history record information has been issued under Subchapter E-1 (Definitions), Chapter 411 (Department of Public Safety of the State of Texas), Government Code.(a)
A business entity may not publish any criminal record information in the business entity’s possession with respect to which the business entity has knowledge or has received notice that:(1)
an order of expunction has been issued under Article 55A.201 (Trial Court Acquittal), Code of Criminal Procedure; or(2)
an order of nondisclosure of criminal history record information has been issued under Subchapter E-1 (Definitions), Chapter 411 (Department of Public Safety of the State of Texas), Government Code.(a-1)
Except as provided by Section 109.0045 (Publication of Confidential Juvenile Record Information or Confidential Criminal Record Information of a Child Prohibited)(e), a business entity may not publish any information with respect to which the business entity has knowledge or has received notice that the information is confidential juvenile record information or confidential criminal record information of a child.(b)
A business entity that publishes information in violation of this section is liable to the individual who is the subject of the information in an amount not to exceed $500 for each separate violation and, in the case of a continuing violation, an amount not to exceed $500 for each subsequent day on which the violation occurs.(c)
In an action brought under this section, the court may grant injunctive relief to prevent or restrain a violation of this section.(d)
An individual who prevails in an action brought under this section is also entitled to recover court costs and reasonable attorney’s fees.
Source:
Section 109.005 — Publication of Certain Criminal Record Information Prohibited; Civil Liability, https://statutes.capitol.texas.gov/Docs/BC/htm/BC.109.htm#109.005 (accessed Apr. 13, 2024).
