House Bill No. 486 aims to restrict the publication of certain criminal record information, particularly focusing on mug shots, by businesses and law enforcement agencies. The bill introduces new provisions in the Business & Commerce Code, specifically adding Subsection (a-2) to Section 109.005, which prohibits business entities from publishing criminal record information that includes a photograph unless the individual has been convicted of an offense related to the same incident. Additionally, a new Article 2A.067 is added to the Code of Criminal Procedure, outlining that law enforcement agencies may only publish an individual's mug shot if the individual has been convicted of an offense related to the arrest, if the individual poses a threat to public safety, or if a judge orders the release of the mug shot.

The bill clarifies the definitions of "mug shot" and "publish," and states that mug shots are not confidential and can be disclosed under the Government Code. The changes will apply to any publication of criminal record information occurring on or after the effective date of the Act, which is set for September 1, 2025. This legislation seeks to protect individuals' privacy rights while balancing the need for public safety and transparency in law enforcement.

Statutes affected:
Introduced: Commerce Code 109.005 (Commerce Code 109)