Texas Government Code
Sec. § 411.0851
Duty of Private Entity to Update Criminal History Record Information; Civil Liability


(a)

A private entity that compiles and disseminates for compensation criminal history record information shall destroy and may not disseminate any information in the possession of the entity with respect to which the entity 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.

(b)

Unless the entity is regulated by the federal Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.) or the Gramm-Leach-Bliley Act (15 U.S.C. Sections 6801 to 6809), a private entity described by Subsection (a) that purchases criminal history record information from the department or from another governmental agency or entity in this state:

(1)

may disseminate that information only if, within the 90-day period preceding the date of dissemination, the entity:

(A)

originally obtains that information; or

(B)

receives that information as updated record information to its database; and

(2)

shall notify the department if the entity sells any compilation of the information to another similar entity.

(c)

A private entity that disseminates information in violation of this section is liable for any damages that are sustained as a result of the violation by the person who is the subject of that information. A person who prevails in an action brought under this section is also entitled to recover court costs and reasonable attorney’s fees.
Added by Acts 2007, 80th Leg., R.S., Ch. 1017 (H.B. 1303), Sec. 7, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 780 (S.B. 1056), Sec. 2, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 731 (H.B. 961), Sec. 8, eff. June 17, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 23, eff. September 1, 2015.
Source
Last accessed
Sep. 20, 2020