Section 109.002 - [Effective 1/1/2025] Applicability of Chapter(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.Tex. Bus. and Comm. Code § 109.002
Amended by Acts 2023 , Texas Acts of the 88th Leg.- Regular Session , ch. 765, Sec. 2.006, eff. 1/1/2025.Amended by Acts 2015 , Texas Acts of the 84th Leg. - Regular Session , ch. 1034, Sec. 3, eff. 9/1/2015.Added by Acts 2013 , 83rd Leg. - Regular Session , ch. 1200, Sec. 1, eff. 9/1/2013.This section is set out more than once due to postponed, multiple, or conflicting amendments.