Bill Puts 10 Years Of Drunk Driving Records Online

The text as introduced · 688 words

89R234 CJD-D

By: Raymond
H.B. No. 1371

A BILL TO BE ENTITLED

AN ACT

relating to the dissemination of criminal history record

information by the Department of Public Safety concerning certain

intoxication offenses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 411.135(a), Government Code, is amended

to read as follows:

(a) Any person is entitled to obtain from the department:

(1) any information described as public information

under Chapter 62, Code of Criminal Procedure, including, to the

extent available, a recent photograph of each person subject to

registration under that chapter;

(2) criminal history record information maintained by

the department that relates to the conviction of or a grant of

deferred adjudication to a person for any criminal offense,

including arrest information that relates to the conviction or

grant of deferred adjudication; and

(3) any information described as public information

under Section 411.1355 or 411.1356 .

SECTION 2. Subchapter F, Chapter 411, Government Code, is

amended by adding Sections 411.1356 and 411.1357 to read as

follows:

Sec. 411.1356. PUBLIC ACCESS TO CRIMINAL HISTORY RECORD

INFORMATION CONCERNING CERTAIN INTOXICATION OFFENSES. (a)

Criminal history record information that concerns a person's

conviction or placement on deferred adjudication community

supervision within the preceding 10-year period for an offense

under Section 49.04, 49.045, 49.07, or 49.08, Penal Code, is public

information, with the exception of:

(1) any information regarding the person's social

security number, driver's license or personal identification

certificate number, or telephone number; and

(2) any information that would identify a victim of

the offense.

(b) The department shall implement and maintain an Internet

website to allow any person, free of charge, to electronically

search for and receive information described by Subsection (a). The

website must be searchable by zip code, city, county, or the name of

the person convicted or placed on deferred adjudication community

supervision. The search results must include for each person

convicted or placed on deferred adjudication community

supervision, to the extent the information is available to the

department:

(1) the person's full name, each alias used by the

person, and the person's last known address; and

(2) a physical description and recent photograph of

the person.

(c) The department shall remove the criminal history record

information concerning a person's conviction or placement on

deferred adjudication community supervision for an offense listed

in Subsection (a) from the Internet website as soon as practicable

after the earliest of:

(1) the 10th anniversary of the date of the conviction

or placement on deferred adjudication community supervision;

(2) the date on which the conviction is reversed on

appeal;

(3) the date on which an order of nondisclosure of

criminal history record information under Subchapter E-1 is issued

with respect to the conviction or placement on deferred

adjudication community supervision; or

(4) the date on which an order of expunction is entered

with respect to records and files in the case.

Sec. 411.1357. CRIMINAL HISTORY RECORD INFORMATION

CONCERNING CERTAIN INTOXICATION OFFENSES PROVIDED TO PEACE OFFICER

ON REQUEST. (a) The department shall establish a procedure by

which a peace officer or employee of a law enforcement agency who

provides the department with a driver's license number, personal

identification certificate number, or license plate number may be

provided any criminal history record information maintained by the

department concerning a conviction or placement on deferred

adjudication community supervision of the person to whom the

license, certificate, or plate is issued for an offense under

Section 49.04, 49.045, 49.07, or 49.08, Penal Code, within the

preceding 10-year period.

(b) The procedure established under Subsection (a) must

allow a peace officer to request the information from the location

of a motor vehicle stop and to receive a response to the request

within the duration of a reasonable motor vehicle stop.

SECTION 3. Not later than August 1, 2026, the Department of

Public Safety shall implement the Internet website required under

Section 411.1356, Government Code, as added by this Act, and shall

make available to a requesting person the information described by

Section 411.1356 or 411.1357, Government Code, as added by this

Act.

SECTION 4. This Act takes effect December 1, 2025.