ACCESS TO DATABASES BY CRIMINAL JUSTICE AGENCIES AND OTHER ENTITIES.
Criminal justice agencies, the Legislative Budget Board, and the council are entitled to access the databases of the Department of Public Safety, the Texas Juvenile Justice Department, and the Texas Department of Criminal Justice in accordance with applicable state or federal law or regulations.
The access granted by this article does not entitle a criminal justice agency, the Legislative Budget Board, or the council to add, delete, or alter data maintained by another agency.
REQUEST FOR DATA FILE FROM DATABASES.
The council or the Legislative Budget Board may submit to the Department of Public Safety, the Texas Juvenile Justice Department, 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, the Texas Juvenile Justice Department, and the Texas Department of Criminal Justice shall provide the council and the Legislative Budget Board with the data file for the period requested, in accordance with state and federal law and regulations.
If the council submits a data file request other than the annual data file request, the director of the agency maintaining the requested records must approve the request.
The Legislative Budget Board may submit a data file request other than the annual data file request without the approval of the director of the agency maintaining the requested records.
PUBLIC DISCLOSURE OF DATA PROHIBITED.
A criminal justice agency, the council, and the Legislative Budget Board may not disclose to the public information in an individual’s criminal history record if the record is protected by state or federal law or regulation.
UNIFORM INCIDENT FINGERPRINT CARD.
The Department of Public Safety, in consultation with the council, shall design, print, and distribute a uniform incident fingerprint card to each law enforcement agency in this state.
The uniform incident fingerprint card must be:
– serially numbered with an incident number in such a manner that the individual incident of arrest may be readily ascertained; and a multiple-part form that:
– has space for information relating to each charge for which a person is arrested, the person’s fingerprints, and other information relevant to the arrest;
– can be transmitted with the offender through the criminal justice process; and
– allows each law enforcement agency to report required data to the Department of Public Safety or the Texas Department of Criminal Justice.
Subject to available telecommunications capacity, the Department of Public Safety shall develop the capability to receive the information on the uniform incident fingerprint card by electronic means from a law enforcement agency. The information must be in a form that is compatible with the form required for data supplied to the criminal justice information system.
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