By: Bettencourt  S.B. No. 1973          (In the Senate - Filed March 8, 2023; March 21, 2023, read   first time and referred to Committee on Criminal Justice;   April 12, 2023, reported favorably by the following vote:  Yeas 7,   Nays 0; April 12, 2023, sent to printer.)Click here to see the committee vote     A BILL TO BE ENTITLED   AN ACT     relating to criminal history record information for certain special   master, magistrate, referee, or other court official applicants   appointed or employed by state judges.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 54, Government Code, is amended by   adding Subchapter A to read as follows:   SUBCHAPTER A.  GENERAL PROVISIONS          Sec. 54.001.  CRIMINAL HISTORY RECORD INFORMATION   REQUIREMENTS FOR CERTAIN APPLICANTS. (a) This section applies to   an applicant seeking appointment or employment under this chapter   in a court of this state as a special master, magistrate, referee,   or other court official who assesses or determines the eligibility   or amount of bail for a criminal defendant.          (b)  A court shall require an applicant for a position   described by Subsection (a) to submit a complete and legible set of   fingerprints, on a form prescribed by the Office of Court   Administration of the Texas Judicial System, to the court or to the   Department of Public Safety for the purpose of obtaining criminal   history record information from the Department of Public Safety and   the Federal Bureau of Investigation.          (c)  A court may not appoint or employ an applicant for a   position described by Subsection (a) unless the court conducts a   criminal history record check of the applicant using information:                (1)  provided by the applicant under this section; and                (2)  made available to the court by the Department of   Public Safety, the Federal Bureau of Investigation, and any other   criminal justice agency under Subchapter F, Chapter 411.          (d)  A court may:                (1)  enter into an agreement with the Department of   Public Safety to administer criminal history record checks required   under this section; and                (2)  authorize the Department of Public Safety to   collect from each applicant the costs incurred by the department in   conducting the criminal history record check.          SECTION 2.  Subchapter F, Chapter 411, Government Code, is   amended by adding Section 411.14085 to read as follows:          Sec. 411.14085.  ACCESS TO CRIMINAL HISTORY RECORD   INFORMATION: COURTS WITH CRIMINAL JURISDICTION. (a) A district   court, constitutional county court, statutory county court,   justice court, or municipal court with jurisdiction over criminal   cases is entitled to obtain from the department as authorized under   Section 54.001 criminal history record information maintained by   the department that relates to an applicant for appointment or   employment as a special master, magistrate, referee, or other court   official who assesses or determines the eligibility or amount of   bail for a criminal defendant for that court.          (b)  Criminal history record information obtained by the   court under Subsection (a) may be used only to evaluate an   applicant.          (c)  The court may not release or disclose information   obtained under Subsection (a) except with the consent of the person   who is the subject of the criminal history record information.          (d)  After the expiration of any probationary term of the   person's appointment or employment, the court shall destroy all   criminal history record information obtained under Subsection (a).          SECTION 3.  This Act takes effect September 1, 2023.     * * * * *