CHAPTER 109. RELEASE OF SEX OFFENDER TREATMENT INFORMATION
OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE A. PROVISIONS APPLYING TO HEALTH PROFESSIONS GENERALLY
CHAPTER 109. RELEASE OF SEX OFFENDER TREATMENT INFORMATION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 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 62.001, 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, Sec. 14.004(a), eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1008, Sec. 2.10, eff. September 1, 2005.
Sec. 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, Sec. 14.004(a), eff.
Sept. 1, 2003. Amended by Acts 2003, 78th Leg., ch. 6, Sec. 4,
eff. April 10, 2003.
Sec. 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, Sec. 14.004(a), eff.
Sept. 1, 2003.
SUBCHAPTER B. RELEASE OF TREATMENT INFORMATION
Sec. 109.051. RELEASE BY PERSONS PROVIDING MENTAL HEALTH OR
MEDICAL SERVICES. (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, Sec. 14.004(a), eff.
Sept. 1, 2003. Amended by Acts 2003, 78th Leg., ch. 6, Sec. 4,
eff. April 10, 2003.
Sec. 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, Sec. 14.004(a), eff.
Sept. 1, 2003. Amended by Acts 2003, 78th Leg., ch. 6, Sec. 4,
eff. April 10, 2003.
Sec. 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, Sec. 14.004(a), eff.
Sept. 1, 2003. Amended by Acts 2003, 78th Leg., ch. 6, Sec. 4,
eff. April 10, 2003.
Sec. 109.054. TREATMENT INFORMATION. In this subchapter,
information concerning the treatment of a sex offender includes:
(1) criminal history;
(2) the discharge summary;
(3) the official offense report;
(4) progress reports;
(5) test results;
(6) victim statements; and
(7) any other information necessary for the treatment of the sex
offender.
Added by Acts 2005, 79th Leg., Ch.
1089, Sec. 2, eff. September 1, 2005.