CODE OF CRIMINAL PROCEDURE CHAPTER 60.

CRIMINAL HISTORY RECORD SYSTEM

Art. 60.01. Definitions

In this chapter:

(1) "Administration of criminal justice" means the performance of
any of the following activities: detection, apprehension,
detention, pretrial release, post-trial release, prosecution,
adjudication, correctional supervision, or rehabilitation of an
offender. The term includes criminal identification activities and
the collection, storage, and dissemination of criminal history
record information.

(2) "Appeal" means the review of a decision of a lower court by a
superior court other than by collateral attack.

(2) "Appeal" means the review of a decision of a lower court by a
superior court other than by collateral attack.

(4) "Corrections tracking system" means the data base maintained by
the Texas Department of Criminal Justice on all offenders under its
supervision.

(5) "Council" means the Criminal Justice Policy Council.

(6) "Criminal justice agency" means a federal or state agency that
is engaged in the administration of criminal justice under a
statute or executive order and allocates a substantial part of its
annual budget to the administration of criminal justice.

(7) "Criminal justice information system" means the computerized
criminal history system and the corrections tracking system.

(8) "Disposition" means an action that results in the termination,
transfer to another jurisdiction, or indeterminate suspension of
the prosecution of a criminal charge.

(9) "Incident number" means a unique number assigned to a specific
person during a specific arrest.

(10) "Offender" means any person who is assigned an incident
number.

(11) "Offense code" means a numeric code for each offense category.

(12) "Rejected case" means:

(A) a charge that, after the arrest of the offender, the prosecutor
declines to include in an information or present to a grand jury;
or

(B) an information or indictment that, after the arrest of the
offender, the prosecutor refuses to prosecute.

(13) "Release" means the termination of jurisdiction over an
individual by the criminal justice system.

(14) "State identification number" means a unique number assigned
by the Department of Public Safety to each person whose name appears
in the criminal justice information system.

(15) "Uniform incident fingerprint card" means a multiple part form
containing a unique incident number with space for information
relating to the charge or charges for which a person is being
arrested, the person's fingerprints, and other information
relevant to the arrest.

(16) "Electronic means" means the transmission of data between word
processors, data processors, or similar automated information
equipment over dedicated cables, commercial lines, or other similar
methods of transmission.

Added by Acts 1989, 71st Leg., ch. 785, Sec. 6.01, eff. Sept. 1,
1989. Amended by Acts 1990, 71st Leg., 6th C.S., ch. 25, Sec. 28,
eff. June 18, 1990. Subd. (16) added by Acts 1993, 73rd Leg., ch.
790, Sec. 37, eff. Sept. 1, 1993; added by Acts 1993, 73rd Leg., ch.
1025, Sec. 1, eff. Sept. 1, 1993.

 

Art. 60.02. Information systems

(a) The Texas Department of Criminal Justice is responsible for
recording data and establishing and maintaining a data base for a
corrections tracking system.

(b) The Department of Public Safety is responsible for recording
data and maintaining a data base for a computerized criminal
history system that serves as the record creation point for
criminal history information maintained by the state.

(c) The criminal justice information system shall be established
and maintained to supply the state with a system:

(1) that provides law enforcement officers with an accurate
criminal history record depository;

(2) that provides criminal justice agencies with an accurate
criminal history record depository for operational decision
making;

(3) from which accurate criminal justice system modeling can be
conducted;

(4) that improves the quality of data used to conduct impact
analyses of proposed legislative changes in the criminal justice
system; and

(5) that improves the ability of interested parties to analyze the
functioning of the criminal justice system.

(d) The data bases must contain the information required by this
chapter.

(e) The Department of Public Safety shall designate the offense
codes and has the sole responsibility for designating the state
identification number for each person whose name appears in the
criminal justice information system.

(f) The Department of Public Safety and the Texas Department of
Criminal Justice shall implement a system to link the computerized
criminal history system and the corrections tracking system. Data
received by the Texas Department of Criminal Justice that is
required by the Department of Public Safety for the preparation of a
criminal history record shall be made available to the computerized
criminal history system not later than the seventh day after the
date on which the Texas Department of Criminal Justice receives the
request for the data from the Department of Public Safety.

(g) The Department of Public Safety is responsible for the
operation of the computerized criminal history system and shall
develop the necessary interfaces in the system to accommodate
inquiries from a statewide automated fingerprint identification
system, if such a system is implemented by the department.

(h) Whenever possible, the reporting of information relating to
dispositions and subsequent offender processing data shall be
conducted electronically.

(i) The Department of Public Safety and the Texas Department of
Criminal Justice, with advice from the council and the Department
of Information Resources, shall develop biennial plans to improve
the reporting and accuracy of the criminal justice information
system and to develop and maintain monitoring systems capable of
identifying missing information.

(j) At least once during each five-year period the council shall
coordinate an examination of the records and operations of the
criminal justice information system to ensure the accuracy and
completeness of information in the system and to ensure the
promptness of information reporting. The state auditor, or other
appropriate entity selected by the council, shall conduct the
examination with the cooperation of the council, the Department of
Public Safety, and the Texas Department of Criminal Justice. The
Department of Public Safety, the council, and the Texas Department
of Criminal Justice may examine the records of the agencies
required to report information to the Department of Public Safety
or the Texas Department of Criminal Justice. The examining entity
shall submit to the legislature and the council a report that
summarizes the findings of each examination and contains
recommendations for improving the system. Not later than the first
anniversary after the date the examining entity submits its report,
the Department of Public Safety shall report to the Legislative
Budget Board, the governor, the state auditor, and the council on
the department's progress in implementing the examining entity's
recommendations, including for each recommendation not implemented
the reason for not implementing the recommendation. The Department
of Public Safety shall submit a similar report each year following
the submission of the first report until each of the examining
entity's recommendations is implemented.

(k) The council, the Department of Public Safety, the criminal
justice division of the governor's office, and the Department of
Information Resources cooperatively shall develop and adopt a grant
program, to be implemented by the criminal justice division at a
time and in a manner determined by the division, to aid local law
enforcement agencies, prosecutors, and court personnel in
obtaining equipment and training necessary to operate a
telecommunications network capable of:

(1) making inquiries to and receiving responses from the statewide
automated fingerprint identification system and from the
computerized criminal history system; and

(2) transmitting information to those systems.

(m) Notwithstanding Subsection (j), work performed under this
section by the state auditor is subject to approval by the
legislative audit committee for inclusion in the audit plan under
Section 321.013(c), Government Code.

Added by Acts 1989, 71st Leg., ch. 785, Sec. 6.01, eff. Sept. 1,
1989. Amended by Acts 1990, 71st Leg., 6th C.S., ch. 25, Sec. 28,
eff. June 18, 1990. Subsec. (k) amended by Acts 1991, 72nd Leg.,
ch. 362, Sec. 1, eff. Aug. 26, 1991; Subsec. (j) amended by Acts
2001, 77th Leg., ch. 474, Sec. 1, eff. Sept. 1, 2001; Subsec. (m)
added by Acts 2003, 78th Leg., ch. 785, Sec. 72, eff. Sept. 1, 2003.

 

Art. 60.03. Interagency cooperation; confidentiality

(a) Criminal justice agencies and the council are entitled to
access to the data bases of the Department of Public Safety and the
Texas Department of Criminal Justice in accordance with applicable
state or federal law or regulations. The access granted by this
subsection does not grant an agency or the council the right to add,
delete, or alter data maintained by another agency.

(b) The council may submit to the Department of Public Safety and
the Texas Department of Criminal Justice an annual request for a
data file containing data elements from the departments' systems.
The Department of Public Safety and the Texas Department of
Criminal Justice shall provide the council with that data file for
the period requested. If the council submits data file requests
other than the annual data file request, the director of the agency
maintaining the requested records must approve the request.

(c) Neither a criminal justice agency nor the council may disclose
to the public information in an individual's criminal history
record if the record is protected by state or federal law or
regulation.

Added by Acts 1989, 71st Leg., ch. 785, Sec. 6.01, eff. Sept. 1,
1989. Amended by Acts 1990, 71st Leg., 6th C.S., ch. 25, Sec. 28,
eff. June 18, 1990.

 

Art. 60.04. Compatibility of data

(a) Data supplied to the criminal justice information system must
be compatible with the system and must contain both incident
numbers and state identification numbers.

(b) A discrete submission of information under any article of this
chapter must contain, in conjunction with information required, the
defendant's name and state identification number.

Added by Acts 1989, 71st Leg., ch. 785, Sec. 6.01, eff. Sept. 1,
1989. Amended by Acts 1990, 71st Leg., 6th C.S., ch. 25, Sec. 28,
eff. June 18, 1990.

 

Art. 60.05. Types of information collected

The criminal justice information system must contain but is not
limited to the following types of information for each arrest for a
felony or a misdemeanor not punishable by fine only:

(1) information relating to offenders;

(2) information relating to arrests;

(3) information relating to prosecutions;

(4) information relating to the disposition of cases by courts;

(5) information relating to sentencing; and

(6) information relating to the handling of offenders received by a
correctional agency, facility, or other institution.

Added by Acts 1989, 71st Leg., ch. 785, Sec. 6.01, eff. Sept. 1,
1989. Amended by Acts 1990, 71st Leg., 6th C.S., ch. 25, Sec. 28,
eff. June 18, 1990.

 

Art. 60.051. Information in computerized criminal history system

(a) Information in the computerized criminal history system
relating to an offender must include:

(1) the offender's name, including other names by which the
offender is known;

(2) the offender's date of birth;

(3) the offender's physical description, including sex, weight,
height, race, ethnicity, eye color, hair color, scars, marks, and
tattoos; and

(4) the offender's state identification number.

(b) Information in the computerized criminal history system
relating to an arrest must include:

(1) the name of the offender;

(2) the offender's state identification number;

(3) the arresting agency;

(4) the arrest charge by offense code and incident number;

(5) whether the arrest charge is a misdemeanor or felony;

(6) the date of the arrest;

(7) the exact disposition of the case by a law enforcement agency
following the arrest; and

(8) the date of disposition of the case by the law enforcement
agency.

(c) Information in the computerized criminal history system
relating to a prosecution must include:

(1) each charged offense by offense code and incident number;

(2) the level of the offense charged or the degree of the offense
charged for each offense in Subdivision (1) of this subsection; and

(3) for a rejected case, the date of rejection, offense code, and
incident number, and whether the rejection is a result of a
successful pretrial diversion program.

(d) Information in the computerized criminal history system
relating to the disposition of a case that was not rejected must
include:

(1) the final pleading to each charged offense and the level of the
offense;

(2) a listing of each charged offense disposed of by the court and:

(A) the date of disposition;

(B) the offense code for the disposed charge and incident number;
and

(C) the type of disposition; and

(3) for a conviction that is appealed the final court decision and
the final disposition of the offender on appeal.

(e) Information in the computerized criminal history system
relating to sentencing must include for each sentence:

(1) the sentencing date;

(2) the sentence for each offense by offense code and incident
number;

(3) if the offender was sentenced to confinement:

(A) the agency that receives custody of the offender;

(B) the length of sentence for each offense; and

(C) if multiple sentences were ordered, whether they were ordered
to be served consecutively or concurrently;

(4) if the offender was sentenced to a fine, the amount of the fine;

(5) if a sentence to confinement or fine was ordered but was
deferred, probated, suspended, or otherwise not imposed:

(A) the length of sentence or the amount of the fine that was
deferred, probated, suspended, or otherwise not imposed; and

(B) the offender's name, offense code, and incident number; and

(6) if a sentence other than fine or confinement was ordered, a
description of the sentence ordered.

(f) The department shall maintain in the computerized criminal
history system any information the department maintains in the
central database under Article 62.08.

Renumbered from art. 60.05(b) to (f) and amended by Acts 1990, 71st
Leg., 6th C.S., ch. 25, Sec. 28, eff. June 18, 1990. Subsec. (a)
amended by Acts 1993, 73rd Leg., ch. 1025, Sec. 9, eff. Sept. 1,
1993; Subsec. (f) added by Acts 1995, 74th Leg., ch. 258, Sec. 14,
eff. Sept. 1, 1995; Subsec. (f) amended by Acts 1997, 75th Leg.,
ch. 668, Sec. 8, eff. Sept. 1, 1997.

 

Art. 60.052. Information in corrections tracking system

(a) Information in the corrections tracking system relating to a
sentence to be served under the jurisdiction of the Texas
Department of Criminal Justice must include:

(1) the offender's name;

(2) the offender's state identification number;

(3) the sentencing date;

(4) the sentence for each offense by offense code and incident
number;

(5) if the offender was sentenced to imprisonment:

(A) the unit of imprisonment;

(B) the length of sentence for each offense; and

(C) if multiple sentences were ordered, whether they were ordered
to be served consecutively or concurrently; and

(6) if a sentence other than a fine or imprisonment was ordered, a
description of the sentence ordered.

(b) Sentencing information in the corrections tracking system must
also include the following information about each deferred
adjudication, probation, or other alternative to imprisonment
ordered:

(1) each conviction for which sentence was ordered but was
deferred, probated, suspended, or otherwise not imposed, by offense
code and incident number; and

(2) if a sentence or portion of a sentence of imprisonment was
deferred, probated, suspended, or otherwise not imposed:

(A) the offense, the sentence, and the amount of the sentence
deferred, probated, suspended, or otherwise not imposed;

(B) a statement of whether a return to confinement or other
imprisonment was a condition of probation or an alternative
sentence;

(C) the community supervision and corrections department
exercising jurisdiction over the offender;

(D) the date the offender was received by a community supervision
and corrections department;

(E) any program in which an offender is placed or has previously
been placed and the level of supervision the offender is placed on
while under the jurisdiction of a community supervision and
corrections department;

(F) the date a program described by Paragraph (E) of this
subdivision begins, the date the program ends, and whether the
program was completed successfully;

(G) the date a level of supervision described by Paragraph (E) of
this subdivision begins and the date the level of supervision ends;

(H) if the offender's probation is revoked:

(i) the reason for the revocation and the date of revocation by
offense code and incident number; and

(ii) other current sentences of probation or other alternatives to
confinement that have not been revoked, by offense code and
incident number; and

(I) the date of the offender's release from the community
supervision and corrections department.

(c) Information in the corrections tracking system relating to the
handling of offenders must include the following information about
each imprisonment, confinement, or execution of an offender:

(1) the date of the imprisonment or confinement;

(2) if the offender was sentenced to death:

(A) the date of execution; and

(B) if the death sentence was commuted, the sentence to which the
sentence of death was commuted and the date of commutation;

(3) the date the offender was released from imprisonment or
confinement and whether the release was a discharge or a release on
parole or mandatory supervision;

(4) if the offender is released on parole or mandatory supervision:

(A) the offense for which the offender was convicted by offense code
and incident number;

(B) the date the offender was received by an office of the Board of
Pardons and Paroles division;

(C) the county in which the offender resides while under
supervision;

(D) any program in which an offender is placed or has previously
been placed and the level of supervision the offender is placed on
while under the jurisdiction of the Board of Pardons and Paroles
division;

(E) the date a program described by Paragraph (D) of this
subdivision begins, the date the program ends, and whether the
program was completed successfully;

(F) the date a level of supervision described by Paragraph (D) of
this subdivision begins and the date the level of supervision ends;

(G) if the offender's release status is revoked, the reason for the
revocation and the date of revocation;

(H) the expiration date of the sentence; and

(I) the date of the offender's release from the Board of Pardons and
Paroles division or the date on which the offender is granted
clemency; and

(5) if the offender is released under Section 6(a), Article 42.12,
of this code, the date of the offender's release.

Renumbered from art. 60.05(g) to (i) and amended by Acts 1990, 71st
Leg., 6th C.S., ch. 25, Sec. 28, eff. June 18, 1990.

 

Art. 60.06. Duties of agencies

(a) Each criminal justice agency shall:

(1) compile and maintain records needed for reporting data required
by the Texas Department of Criminal Justice and the Department of
Public Safety;

(2) transmit to the Texas Department of Criminal Justice and the
Department of Public Safety, when and in the manner the Texas
Department of Criminal Justice and the Department of Public Safety
direct, all data required by the Texas Department of Criminal
Justice and the Department of Public Safety;

(3) give the Department of Public Safety and the Texas Department of
Criminal Justice or their accredited agents access to the agency
for the purpose of inspection to determine the completeness and
accuracy of data reported;

(4) cooperate with the Department of Public Safety and the Texas
Department of Criminal Justice so that the Department of Public
Safety and the Texas Department of Criminal Justice may properly
and efficiently perform their duties under this chapter; and

(5) cooperate with the Department of Public Safety and the Texas
Department of Criminal Justice to identify and eliminate redundant
reporting of information to the criminal justice information
system.

(b) Information on an individual that consists of an identifiable
description and notation of an arrest, detention, indictment,
information, or other formal criminal charge and a disposition of
the charge, including sentencing, correctional supervision, and
release that is collected and compiled by the Department of Public
Safety and the Texas Department of Criminal Justice from criminal
justice agencies and maintained in a central location is not
subject to public disclosure except as authorized by federal or
state law or regulation.

(c) Subsection (b) of this section does not apply to a document
maintained by a criminal justice agency that is the source of
information collected by the Department of Public Safety or the
Texas Department of Criminal Justice. Each criminal justice agency
shall retain documents described by this subsection.

(d) An optical disk or other technology may be used instead of
microfilm as a medium to store information if allowed by the
applicable state laws or regulations relating to the archiving of
state agency information.

(e) An official of an agency may not intentionally conceal or
destroy any record with intent to violate this section.

(f) The duties imposed on a criminal justice agency under this
article are also imposed on district court and county court clerks.

Added by Acts 1989, 71st Leg., ch. 785, Sec. 6.01, eff. Sept. 1,
1989. Amended by Acts 1990, 71st Leg., 6th C.S., ch. 25, Sec. 28,
eff. June 18, 1990; Subsec. (a) amended by Acts 1995, 74th Leg.,
ch. 750, Sec. 1, eff. Aug. 28, 1995.

 

Art. 60.061. Information on persons licensed by certain agencies

(a) The Texas State Board of Medical Examiners, the Texas State
Board of Podiatric Medical Examiners, the State Board of Dental
Examiners, the Texas State Board of Pharmacy, and the State Board of
Veterinary Medical Examiners shall provide to the Department of
Public Safety through electronic means, magnetic tape, or disk, as
specified by the department, a list including the name, date of
birth, and any other personal descriptive information required by
the department for each person licensed by the respective agency.
Each agency shall update this information and submit to the
Department of Public Safety the updated information quarterly.

(b) The Department of Public Safety shall perform at least
quarterly a computer match of the licensing list against the
convictions maintained in the computerized criminal history
system. The Department of Public Safety shall report to the
appropriate licensing agency for verification and administrative
action, as considered appropriate by the licensing agency, the name
of any person found to have a record of conviction, except a
defendant whose prosecution is deferred during a period of
community supervision without an adjudication or plea of guilt.
The Department of Public Safety may charge the licensing agency a
fee not to exceed the actual direct cost incurred by the department
in performing a computer match and reporting to the agency.

(c) The transmission of information by electronic means under
Subsection (a) of this article does not affect whether the
information is subject to disclosure under Chapter 552, Government
Code.

Added by Acts 1993, 73rd Leg., ch. 790, Sec. 38, eff. Sept. 1, 1993;
Acts 1993, 73rd Leg., ch. 1025, Sec. 2, eff. Sept. 1, 1993. Amended
by Acts 1995, 74th Leg., ch. 76, Sec. 3.21, eff. Sept. 1, 1995;
Subsec. (a) amended by Acts 1995, 74th Leg., ch. 965, Sec. 78, eff.
Sept. 1, 1995; Subsec. (c) amended by Acts 1995, 74th Leg., ch. 76,
Sec. 5.95(88), eff. Sept. 1, 1995; Subsecs. (a), (b) amended by
Acts 1999, 76th Leg., ch. 1189, Sec. 43, eff. Sept. 1, 1999.

 

Art. 60.07. Uniform incident fingerprint card

(a) The Department of Public Safety, in consultation with the
council, shall design, print, and distribute to each law
enforcement agency in the state a uniform incident fingerprint
card.

(b) The incident card must:

(1) be serially numbered with an incident number in such a manner
that the individual incident of arrest may be readily ascertained;
and

(2) be a multiple part form that can be transmitted with the
offender through the criminal justice process and that allows each
agency to report required data to the Department of Public Safety or
the Texas Department of Criminal Justice.

(c) Subject to available telecommunications capacity, the
Department of Public Safety shall develop the capability to receive
by electronic means from a law enforcement agency the information
on the uniform incident fingerprint card. The information must be
in a form that is compatible to the form required of data supplied
to the criminal justice information system.

Added by Acts 1989, 71st Leg., ch. 785, Sec. 6.01, eff. Sept. 1,
1989. Amended by Acts 1990, 71st Leg., 6th C.S., ch. 25, Sec. 28,
eff. June 18, 1990; Subsec. (c) added by Acts 1993, 73rd Leg., ch.
790, Sec. 39, eff. Sept. 1, 1993; added by Acts 1993, 73rd Leg., ch.
1025, Sec. 3, eff. Sept. 1, 1993.

 

Art. 60.08. Reporting

(a) The Department of Public Safety and the Texas Department of
Criminal Justice shall, by rule, develop reporting procedures that:

(1) ensure that the offender processing data is reported from the
time an offender is arrested until the time an offender is released;
and

(2) provide measures and policies designed to identify and
eliminate redundant reporting of information to the criminal
justice information system.

(b) The arresting agency shall prepare a uniform incident
fingerprint card and initiate the reporting process for each
offender charged with a felony or a misdemeanor not punishable by
fine only.

(c) The clerk of the court exercising jurisdiction over a case shall
report the disposition of the case to the Department of Public
Safety.

(d) Except as otherwise required by applicable state laws or
regulations, information or data required by this chapter to be
reported to the Texas Department of Criminal Justice or the
Department of Public Safety shall be reported promptly but not
later than the 30th day after the date on which the information or
data is received by the agency responsible for reporting it except
in the case of an arrest. An offender's arrest shall be reported to
the Department of Public Safety not later than the seventh day after
the date of the arrest.

(e) A court that orders the release of an offender under Section
6(a), Article 42.12, of this code at a time when the offender is
under a bench warrant and not physically imprisoned in the
institutional division shall report the release to the
institutional division of the Texas Department of Criminal Justice
not later than the seventh day after the date of the release.

Added by Acts 1989, 71st Leg., ch. 785, Sec. 6.01, eff. Sept. 1,
1989. Amended by Acts 1990, 71st Leg., 6th C.S., ch. 25, Sec. 28,
eff. June 18, 1990; Subsec. (a) amended by Acts 1995, 74th Leg.,
ch. 750, Sec. 2, eff. Aug. 28, 1995.

 

Art. 60.09. Local data advisory boards

(a) The commissioners court of each county may create local data
advisory boards to, among other duties:

(1) analyze the structure of local automated and manual data
systems to identify redundant data entry and data storage;

(2) develop recommendations for the commissioners to improve the
local data systems;

(3) develop recommendations, when appropriate, for the effective
electronic transfer of required data from local agencies to state
agencies; and

(4) perform any related duties to be determined by the
commissioners court.

(b) Local officials responsible for collecting, storing,
reporting, and using data may be appointed to the local data
advisory board.

(c) The council and the Department of Public Safety shall, to the
extent that resources allow, provide technical assistance and
advice on the request of the local data advisory board.

Added by Acts 1989, 71st Leg., ch. 785, Sec. 6.01, eff. Sept. 1,
1989. Amended by Acts 1990, 71st Leg., 6th C.S., ch. 25, Sec. 28,
eff. June 18, 1990.

 

Art. 60.10. Expediting implementation

The requirements set out in Articles 60.11 through 60.17 of this
code are established in order to expedite the implementation and
continued improvement of the information systems established under
this chapter.

Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 7.05, eff.
Dec. 1, 1991.

 

Art. 60.11. Operation date

The criminal justice information system must be in operation by a
date not later than January 1, 1993, as determined by the Texas
Department of Criminal Justice and the Department of Public Safety.

Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 7.05, eff.
Dec. 1, 1991.

 

Art. 60.12. Fingerprint and arrest information in computerized
system

(a) The Department of Public Safety shall, when a jurisdiction
transmits fingerprints and arrest information by a remote terminal
accessing the statewide automated fingerprint identification
system, use that transmission either to create a permanent record
in the criminal justice information system or to create a temporary
arrest record in the criminal justice information system to be
maintained by the department until the department receives and
processes the physical copy of the arrest information.

(b) The Department of Public Safety shall make available to a
criminal justice agency making a background criminal inquiry any
information contained in a temporary arrest record maintained by
the department, including a statement that a physical copy of the
arrest information was not available at the time the information
was entered in the system.

Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 7.05, eff.
Dec. 1, 1991. Subsec. (a) amended by Acts 1993, 73rd Leg., ch. 790,
Sec. 40, eff. Sept. 1, 1993; amended by Acts 1993, 73rd Leg., ch.
1025, Sec. 4, eff. Sept. 1, 1993.

 

Art. 60.13. Contracts for software development

If the Department of Public Safety is unable to hire qualified,
full-time computer programmers to develop software for its
computers, and the inability to hire the programmers will delay the
development and implementation of the criminal justice information
system established under this chapter, the department shall enter
into contracts for the development of necessary software for the
implementation of the criminal justice information system, based on
open architecture readily accessible to other local and state
branches of the criminal justice system.

Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 7.05, eff.
Dec. 1, 1991.

 

Art. 60.14. Allocation of grant program money for criminal justice
programs

An agency of the state, before allocating money to a county from any
federal or state grant program for the enhancement of criminal
justice programs, shall certify that the county has taken or will
take, using all or part of the allocated funds, all action necessary
to provide the Texas Department of Criminal Justice and the
Department of Public Safety any criminal history records maintained
by the county in the manner specified for purposes of those
departments.

Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 7.05, eff.
Dec. 1, 1991.

 

Art. 60.15. Timetable for system records

The Department of Public Safety shall establish a timetable and
employ temporary personnel, if necessary, to ensure that all
disposition records received by the department on or before June 1,
1992, are entered into the criminal justice information system by a
date not later than September 1, 1992.

Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 7.05, eff.
Dec. 1, 1991.

 

Art. 60.16. Report

(a) The council shall, with the cooperation of the Department of
Public Safety and the Texas Department of Criminal Justice, submit
a report to the governor and the Legislative Criminal Justice Board
no later than September 30, 1992, that proposes improvements to the
criminal justice information system to take place during the
biennium beginning September 1, 1993. The process of developing
the report shall include a minimum of three regional public
hearings to allow state and local law enforcement officers,
prosecutors, and courts personnel to provide input on system
development and design.

(b) The report must include:

(1) a proposed timetable and cost estimate for each recommended
improvement;

(2) a plan to increase, if necessary, the level of detail contained
in information uniformly available from the criminal justice
information system, including information on parole, probation,
and corrections classification levels and special programs for each
individual in the criminal justice system;

(3) a plan to link, to the greatest extent practical, the criminal
justice information system and the incident based reporting system,
as implemented by the bureau of identification and records; and

(4) a plan to efficiently coordinate, to the extent practical, all
county criminal history record systems with the criminal justice
information system.

Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 7.05, eff.
Dec. 1, 1991.

 

Art. 60.17. Coordination of implementation process

(a) The council, the Department of Information Resources, the
Department of Public Safety, and the Texas Department of Criminal
Justice shall establish a working group to expedite the
implementation and continued improvement of the criminal justice
information system. The council shall coordinate the activities of
the working group.

(b) The working group shall:

(1) identify the status of the implementation of the criminal
justice information system;

(2) determine from the text of this chapter and the legislative
history of the enactment and amendments to this chapter the
strategic goals of the criminal justice information system;

(3) translate strategic goals into specific project goals and
objectives and shall give priorities to, schedule completion dates
for, and identify the resources necessary to complete those goals
and objectives and report their findings to the Legislative
Criminal Justice Board not later than January 1, 1992.

Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 7.05, eff.
Dec. 1, 1991.

 

Art. 60.18. Information on subsequent arrest of certain individuals

The Texas Department of Criminal Justice and the Department of
Public Safety shall develop the capability to send to a community
supervision and corrections department, district parole office,
and county data processing department by electronic means
information about the subsequent arrest of a person under the
supervision of the office or department.

Added by Acts 1993, 73rd Leg., ch. 790, Sec. 41, eff. Sept. 1, 1993;
Acts 1993, 73rd Leg., ch. 1025, Sec. 5, eff. Sept. 1, 1993.

 

Art. 60.19. Information Related to Misused Identity

(a) On receipt of information from a local law enforcement agency
under Article 2.28, the department shall:

(1) provide the notice described by Subdivision (1) of that article
to the person whose identity was misused, if the local law
enforcement agency was unable to notify the person under that
subdivision;

(2) take action to ensure that the information maintained in the
computerized criminal history system reflects the use of the
person's identity as a stolen alias; and

(3) notify the Texas Department of Criminal Justice that the
person's identifying information may have been falsely used by an
inmate in the custody of the department.

(b) On receipt of a declaration under Section 411.0421, Government
Code, or on receipt of information similar to that contained in a
declaration, the department shall separate information maintained
in the computerized criminal history system regarding an individual
whose identity has been misused from information maintained in that
system regarding the person who misused the identity.

Added by Acts 1999, 76th Leg., ch. 1334, Sec. 2, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 339, Sec. 5, eff. Sept. 1,
2003.

 

Art. 60.20. Information Related to Non-Fingerprint Supported
Actions

On receipt of a report of prosecution or court disposition
information from a jurisdiction for which corresponding arrest data
does not exist in the computerized criminal history system, the
Department of Public Safety shall enter the report into a
non-fingerprint supported file that is separate from the
computerized criminal history system. The department shall grant
access to records in the non-fingerprint supported file that
include the subject's name or other identifier in the same manner as
the department is required to grant access to criminal history
record information under Subchapter F, Chapter 411, Government
Code. On receipt of a report of arrest information that corresponds
to a record in the non-fingerprint supported file, the department
shall transfer the record from the non-fingerprint supported file
to the computerized criminal history system.

Added by Acts 2001, 77th Leg., ch. 474, Sec. 2, eff. Sept. 1, 2001.

 

Art. 60.21. Monitoring Tracking; Information Submission

Text of article effective until December 31, 2005

 

(a) The Department of Information Resources shall monitor the
development of the corrections tracking system by the Texas
Department of Criminal Justice to ensure implementation of the
system not later than June 1, 2005.

(b) Not later than January 1, 2003, the Department of Public Safety
shall:

(1) develop a plan to encourage local criminal justice agencies to
report criminal history data to the Texas Department of Public
Safety for inclusion in the computerized criminal history system as
required by Chapter 60, Code of Criminal Procedure; and

(2) evaluate the necessity of imposing sanctions on local criminal
justice agencies that do not report criminal history data as
required by Chapter 60, Code of Criminal Procedure.

(c) The Department of Public Safety shall:

(1) monitor the submission of arrest and disposition information by
local jurisdictions;

(2) annually submit to the Legislative Budget Board, the governor,
the state auditor, and the council a report regarding the level of
reporting by local jurisdictions; and

(3) identify local jurisdictions that do not report arrest or
disposition information or that partially report information.

(d) This article expires December 31, 2005.

Added by Acts 2001, 77th Leg., ch. 474, Sec. 2, eff. Sept. 1, 2001.

 

 

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