2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle C - Business Operations › Chapter 109 - Business Entities Engaged in Publication of Certain Criminal Record or Juvenile Record Information › Section 109.001. Definitions

Sec. 109.001.  DEFINITIONS.  In this chapter:
(1)  "Criminal justice agency" has the meaning assigned by Section 411.082, Government Code.
(2)  "Criminal record information" means information about a person's involvement in the criminal justice system.  The term includes:
(A)  a description or notation of any arrests, any formal criminal charges, and the dispositions of those criminal charges;
(B)  a photograph of the person taken pursuant to an arrest or other involvement in the criminal justice system; and
(C)  personal identifying information of a person displayed in conjunction with any other record of the person's involvement in the criminal justice system.
(3)  "Personal identifying information" means information that alone or in conjunction with other information identifies a person, including a person's name, address, date of birth, photograph, and social security number or other government-issued identification number.
(4)  "Publish" means to communicate or make information available to another person in writing or by means of telecommunications and includes communicating information on a computer bulletin board or similar system.
Text of subdivision effective until January 01, 2025
(5)  "Confidential criminal record information of a child" means information about a person's involvement in the criminal justice system resulting from conduct that occurred or was alleged to occur when the person was younger than 17 years of age that is confidential under Chapter 45, Code of Criminal Procedure, or other law.  The term does not include:
(A)  criminal record information of a person certified to stand trial as an adult for that conduct, as provided by Section 54.02, Family Code; or
(B)  information relating to a traffic offense.
Text of subdivision effective on January 01, 2025
(5)  "Confidential criminal record information of a child" means information about a person's involvement in the criminal justice system resulting from conduct that occurred or was alleged to occur when the person was younger than 17 years of age that is confidential under Chapter 45A, Code of Criminal Procedure, or other law.  The term does not include:
(A)  criminal record information of a person certified to stand trial as an adult for that conduct, as provided by Section 54.02, Family Code; or
(B)  information relating to a traffic offense.
(6)  "Confidential juvenile record information" means information about a person's involvement in the juvenile justice system that is confidential, sealed, under restricted access, or required to be destroyed under Chapter 58, Family Code, or other law, including:
(A)  a description or notation of any referral to a juvenile probation department or court with jurisdiction under Title 3, Family Code, including any instances of being taken into custody, any informal disposition of a custodial or referral event, or any formal charges and the disposition of those charges;
(B)  a photograph of the person taken pursuant to a custodial event or other involvement in the juvenile justice system under Title 3, Family Code; and
(C)  personal identifying information of the person contained in any other records of the person's involvement in the juvenile justice system.
(7)  "Information service" has the meaning assigned by 47 U.S.C. Section 153.
(8)  "Interactive computer service" has the meaning assigned by 47 U.S.C. Section 230(f).
(9)  "Telecommunications provider" has the meaning assigned by Section 51.002, Utilities Code.
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. 2, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.005, eff. January 1, 2025.