Texas Attorney General Opinion: JM-1224 Page: 2 of 18
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Honorable Mike Driscoll - Page 2 (JM-1224)
services agency, the county adult probation department and
juvenile probation department, justices of the peace, and
county constables all store information concerning criminal
cases in the computer. Though controls are programmed into
the system by JIMS and the data processing department,
information originally collected and entered into the
computer by one agency may later be retrieved and updated by
other agencies or be integrated with information collected
by other agencies. These conditions have raised questions
concerning the "custody" and control of criminal case
information stored in the county computer.
The commissioners court appointed an executive board to
oversee the operation of JIMS and the computer system. The
board was specifically empowered to "establish and audit
security codes" and to "authorize data elements to be
entered and to whom they shall be distributed." The
board's membership is composed of the administrative judge
of the district courts trying criminal cases, the presiding
judge of the county criminal courts at law, a judge of one
of the family district courts, a judge of one of the
juvenile district courts, a justice of the peace, the
district attorney, the district clerk, the county sheriff,
and a county constable.
In 1985 the JIMS executive board executed an agreement
with the Texas Department of Public Safety (DPS) regarding
access to the Texas Law Enforcement Telecommunications
Systems (TLETS), a statewide clearinghouse for information
collected and exchanged between law enforcement agencies
throughout the state. The system, managed and operated by
the DPS, provides local law enforcement agencies access to
the resources of the National Crime Information Center, the
National Law Enforcement Telecommunications System, the
Texas Crime Information Center, the vehicle registration
files of the Motor Vehicle Division of the Texas Department
of Highways and Public Transportation, and the driver's
license files of the DPS.
Among other things, the agreement between the JIMS
board and the DPS requires JIMS to abide by all applicable
state and federal laws, as well as any policies and pro-
cedures adopted by the administrators of the information
systems that comprise the network. Though the agreement is
silent on the matter, the JIMS board apparently interpreted
the agreement to also impose on it the duty to ensure
compliance by all users of the system. Violation ofp. 6486
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-1224, text, September 17, 1990; (https://texashistory.unt.edu/ark:/67531/metapth273662/m1/2/?q=%22%5B1990..%5D%22: accessed August 15, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.