OCCUPATIONS CODE
CHAPTER 109. RELEASE OF SEX OFFENDER TREATMENT INFORMATION
SUBCHAPTER A. GENERAL PROVISIONS
§ 109.001. DEFINITIONS. In this chapter:
(1) "Administration of criminal justice" and
"criminal justice agency" have the meanings assigned by Article
60.01, Code of Criminal Procedure.
(2) "Local law enforcement authority" has the meaning
assigned by Article 62.01, Code of Criminal Procedure.
(3) "Sex offender" has the meaning assigned by Section
9(m), Article 42.12, Code of Criminal Procedure.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.004(a), eff. Sept.
1, 2003.
§ 109.002. PURPOSE OF RELEASING INFORMATION. A person
who is required by this chapter to release or obtain information may
do so only for the administration of criminal justice.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.004(a), eff. Sept.
1, 2003. Amended by Acts 2003, 78th Leg., ch. 6, § 4, eff. April
10, 2003.
§ 109.003. IMMUNITY FROM DAMAGES. A person who releases
or obtains information as authorized by this chapter is not liable
for damages arising from the release of the information.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.004(a), eff. Sept.
1, 2003.
SUBCHAPTER B. RELEASE OF TREATMENT INFORMATION
§ 109.051. RELEASE BY PERSONS PROVIDING MENTAL HEALTH OR
MEDICAL SERVICES.
See also material following text of this section
(a) Information concerning the treatment of a sex offender
may be released by a person who:
(1) is licensed or certified in this state to provide
mental health or medical services, including a:
(A) physician;
(B) psychiatrist;
(C) psychologist;
(D) licensed professional counselor;
(E) licensed marriage and family therapist; or
(F) social worker; and
(2) while licensed or certified, provides or provided
mental health or medical services for the rehabilitation of sex
offenders.
(b) Notwithstanding Subtitle B, Title 3, of this code or
Chapter 611, Health and Safety Code, a person described by
Subsection (a), on request or in the normal course of business,
shall release information concerning the treatment of a sex
offender to:
(1) another person described by Subsection (a);
(2) a criminal justice agency; or
(3) a local law enforcement authority.
Added by Acts 2003, 78th Leg., ch. 1276, § 14.004(a), eff. Sept.
1, 2003. Amended by Acts 2003, 78th Leg., ch. 6, § 4, eff. April
10, 2003.
Amendment by Acts 2003, 78th Leg., ch. 892, § 36
Section 1.02(a) of Acts 2003, 78th Leg., ch. 1276 provides, in part,
that the "repeal of a statute by this Act does not affect an
amendment, revision, or reenactment of the statute by the 78th
Legislature, Regular Session, 2003. The amendment, revision, or
reenactment is preserved and given effect as part of the code
provision that revised the statute so amended, revised or
reenacted."
Section 36 of Acts 2003, 78th Leg., ch. 892, eff. Sept. 1, 2003,
amends § 4 of Vernon's Ann.Civ.St. art. 4413(51) [now this
section] without reference to the repeal of said article by Acts
2003, 78th Leg., ch. 1276, § 14.005(b). As so amended, § 4
reads:
"Release of Information by Persons Providing Mental Health or
Medical Services
"§ 4. Information concerning the treatment of a sex offender
may be released by a person who:
"(1) is licensed or certified in this state to provide mental
health or medical services, including a:
"(A) physician;
"(B) psychiatrist;
"(C) psychologist;
"(D) licensed professional counselor;
"(E) licensed marriage and family therapist; or
"(F) social worker; and
"(2) while licensed or certified, provides or provided mental
health or medical services for the rehabilitation of sex
offenders."
§ 109.052. RELEASE BY CRIMINAL JUSTICE AGENCY. A
criminal justice agency, on request or in the normal course of
official business, shall release information concerning the
treatment of a sex offender to:
(1) another criminal justice agency;
(2) a local law enforcement authority; or
(3) a person described by Section 109.051(a).
Added by Acts 2003, 78th Leg., ch. 1276, § 14.004(a), eff. Sept.
1, 2003. Amended by Acts 2003, 78th Leg., ch. 6, § 4, eff. April
10, 2003.
§ 109.053. RELEASE BY LOCAL LAW ENFORCEMENT
AUTHORITY. A local law enforcement authority, on request or in the
normal course of official business, shall release information
concerning the treatment of a sex offender to:
(1) another local law enforcement authority;
(2) a criminal justice agency; or
(3) a person described by Section 109.051(a).
Added by Acts 2003, 78th Leg., ch. 1276, § 14.004(a), eff. Sept.
1, 2003. Amended by Acts 2003, 78th Leg., ch. 6, § 4, eff. April
10, 2003.
