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 109.002. Applicability of Chapter

Sec. 109.002.  APPLICABILITY OF CHAPTER.
Text of subsection effective until January 01, 2025
(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.
Text of subsection effective on January 01, 2025
(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 45A, 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.
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.006, eff. January 1, 2025.