Bill Text: TX HB4123 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to access to and use of certain criminal history record information.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-06-13 - Effective immediately [HB4123 Detail]
Download: Texas-2023-HB4123-Enrolled.html
H.B. No. 4123 |
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relating to access to and use of certain criminal history record | ||
information. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 22.0834, Education Code, is amended by | ||
amending Subsections (a), (a-1), (b), (c), (d), (e), (f), (h), (l), | ||
(o), and (p) and adding Subsections (b-1), (d-1), (d-2), and (q) to | ||
read as follows: | ||
(a) Except as provided by Subsection (a-1), this subsection | ||
applies to a person who is not an applicant for or holder of a | ||
certificate under Subchapter B, Chapter 21, and who [ |
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subcontractor of an entity that contracts with a school district, | ||
open-enrollment charter school, or shared services arrangement to | ||
provide services, if: | ||
(1) the employee or applicant has or will have | ||
continuing duties related to the contracted services; and | ||
(2) the employee or applicant has or will have direct | ||
contact with students. | ||
(a-1) This section does not apply to an employee or | ||
applicant of a public works contractor if: | ||
(1) the public work does not involve the construction, | ||
alteration, or repair of an instructional facility as defined by | ||
Section 46.001; | ||
(2) for public work that involves construction of a | ||
new instructional facility, the person's duties related to the | ||
contracted services will be completed not later than the seventh | ||
day before the first date the facility will be used for | ||
instructional purposes; or | ||
(3) for a public work that involves an existing | ||
instructional facility: | ||
(A) the public work area contains sanitary | ||
facilities and is separated from all areas used by students by a | ||
secure barrier fence that is not less than six feet in height; and | ||
(B) the contracting entity adopts a policy | ||
prohibiting employees, including subcontracting entity employees, | ||
from interacting with students or entering areas used by students, | ||
informs employees of the policy, and enforces the policy at the | ||
public work area [ |
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(b) If the contracting entity is a qualified school | ||
contractor, a [ |
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to a national criminal history record information review by the | ||
qualified school contractor [ |
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employed or serving in a capacity described by that subsection. | ||
(b-1) If the contracting entity or subcontracting entity is | ||
not a qualified school contractor, a person to whom Subsection (a) | ||
applies must submit to a national criminal history record | ||
information review by the school district, charter school, regional | ||
education service center, commercial transportation company, or | ||
education shared services arrangement. | ||
(c) Before or immediately after employing or securing the | ||
services of a person to whom Subsection (a) applies, the qualified | ||
school contractor or [ |
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open-enrollment charter school, or shared services arrangement | ||
shall send or ensure that the person sends to the department | ||
information that is required by the department for obtaining | ||
national criminal history record information, which may include | ||
fingerprints and photographs. The department shall obtain the | ||
person's national criminal history record information and report | ||
the results through the criminal history clearinghouse as provided | ||
by Section 411.0845, Government Code. | ||
(d) A qualified school contractor or [ |
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services arrangement shall obtain all criminal history record | ||
information that relates to a person to whom Subsection (a) applies | ||
through the criminal history clearinghouse as provided by Section | ||
411.0845, Government Code. [ |
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(d-1) A qualified school contractor acting as a contracting | ||
entity shall require that any of its subcontracting entities obtain | ||
all criminal history record information that relates to an employee | ||
to whom Subsection (a) applies if the subcontracting entity is also | ||
a qualified school contractor. | ||
(d-2) A qualified school contractor shall require that any | ||
of its subcontracting entities that are not qualified school | ||
contractors comply with Subsection (b-1) as it relates to an | ||
employee to whom Subsection (a) applies. | ||
(e) The requirements of Subsections (b), (d-1), and (d-2) do | ||
not apply to a qualified school contractor if a [ |
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open-enrollment charter school, or shared services arrangement | ||
obtains [ |
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person to whom this section applies through the criminal history | ||
clearinghouse as provided by Section 411.0845, Government Code. | ||
(f) In the event of an emergency, a school district may | ||
allow a person to whom Subsection (a) [ |
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school district property if the person is accompanied by a district | ||
employee. A school district may adopt rules regarding an emergency | ||
situation under this subsection. | ||
(h) A school district, open-enrollment charter school, [ |
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shared services arrangement, or qualified school contractor may | ||
obtain from any law enforcement or criminal justice agency all | ||
criminal history record information that relates to a person to | ||
whom this section [ |
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(l) [ |
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that Subsection (a) does not apply to an employee, the contracting | ||
or subcontracting entity shall make a reasonable effort to ensure | ||
that the conditions or precautions that resulted in the | ||
determination that Subsection (a) did not apply to the employee | ||
continue to exist throughout the time that the contracted services | ||
are provided. | ||
(o) A school district, charter school, regional education | ||
service center, commercial transportation company, education | ||
shared services arrangement, or qualified school contractor, | ||
contracting entity, or subcontracting entity may not permit an | ||
employee to whom Subsection (a) applies to provide services at a | ||
school if the employee has been convicted of a felony or misdemeanor | ||
offense that would prevent a person from being employed under | ||
Section 22.085(a). | ||
(p) In this section: | ||
(1) "Contracting entity" means an entity that | ||
contracts directly with a school district, open-enrollment charter | ||
school, or shared services arrangement to provide services to the | ||
school district, open-enrollment charter school, or shared | ||
services arrangement. | ||
(2) "Public works contractor" means an entity that | ||
contracts directly or subcontracts with an entity that contracts | ||
with a school district, open-enrollment charter school, or shared | ||
services arrangement to provide services to the school district, | ||
open-enrollment charter school, or shared services arrangement. | ||
(3) "Qualified school contractor" has the meaning | ||
assigned by Section 411.12505, Government Code. | ||
(4) "Subcontracting entity" means an entity that | ||
contracts with another entity that is not a school district, | ||
open-enrollment charter school, or shared services arrangement to | ||
provide services to a school district, open-enrollment charter | ||
school, or shared services arrangement. | ||
(q) A qualified school contractor shall certify to the | ||
school district, open-enrollment charter school, or shared | ||
services arrangement that the entity has received all criminal | ||
history record information relating to a person who is employed by | ||
or under a current offer of employment by the qualified school | ||
contractor. | ||
SECTION 2. Section 22.0835(f), Education Code, is amended | ||
to read as follows: | ||
(f) A school district, open-enrollment charter school, or | ||
shared services arrangement may obtain from the department or any | ||
law enforcement or criminal justice agency all criminal history | ||
record information that relates to a person to whom Subsection (e) | ||
applies. | ||
SECTION 3. Section 22.085(c), Education Code, is amended to | ||
read as follows: | ||
(c) A school district, open-enrollment charter school, or | ||
shared services arrangement may not allow a person who is an | ||
employee of or applicant for employment by a qualified school | ||
contractor or an entity that contracts with the district, school, | ||
or shared services arrangement to serve at the district or school or | ||
for the shared services arrangement if the district, school, or | ||
shared services arrangement obtains information described by | ||
Subsection (a) through a criminal history record information review | ||
concerning the employee or applicant. A school district, | ||
open-enrollment charter school, or shared services arrangement | ||
must ensure that an entity that the district, school, or shared | ||
services arrangement contracts with for services has obtained all | ||
criminal history record information as required by Section 22.0834 | ||
[ |
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SECTION 4. Section 1104.402(a), Estates Code, is amended to | ||
read as follows: | ||
(a) Except as provided by Section [ |
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or 1104.406(a), the clerk of the county having venue of the | ||
proceeding for the appointment of a guardian shall obtain criminal | ||
history record information that is maintained by the Department of | ||
Public Safety or the Federal Bureau of Investigation identification | ||
division relating to[ |
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[ |
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[ |
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[ |
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[ |
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[ |
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[ |
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[ |
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[ |
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guardian under this title, including a proposed temporary guardian, | ||
[ |
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contact with the proposed ward or the proposed ward's estate on | ||
behalf of the proposed guardian, other than an attorney or a person | ||
who is a certified guardian. | ||
SECTION 5. Section 1104.404, Estates Code, is amended to | ||
read as follows: | ||
Sec. 1104.404. EXCEPTION FOR INFORMATION CONCERNING | ||
CERTAIN PERSONS. (a) The clerk described by Section 1104.402 is | ||
not required to obtain criminal history record information from the | ||
Department of Public Safety for a person if the Judicial Branch | ||
Certification Commission conducted a criminal history check on the | ||
person under Sections 155.203 and 155.207 [ |
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Code. However, the clerk shall obtain criminal history record | ||
information from the Federal Bureau of Investigation | ||
identification division relating to each person described by | ||
Section 1104.402. | ||
(b) The commission [ |
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was obtained from the Department of Public Safety [ |
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disseminating criminal history record information that was | ||
obtained from the Federal Bureau of Investigation under Section | ||
411.1408, Government Code, for purposes of determining whether an | ||
applicant is ineligible for certification as a guardian. | ||
SECTION 6. Section 1104.405(a), Estates Code, is amended to | ||
read as follows: | ||
(a) Criminal history record information obtained or | ||
provided under Section 1104.402[ |
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privileged and confidential and is for the exclusive use of the | ||
court. The criminal history record information may not be released | ||
or otherwise disclosed to any person or agency except on court order | ||
[ |
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the criminal history record information only to determine whether | ||
to: | ||
(1) appoint, remove, or continue the appointment of a | ||
private professional guardian, a guardianship program, or the | ||
Health and Human Services Commission; or | ||
(2) appoint any person proposed to serve as a guardian | ||
under this title, including a proposed temporary guardian, a | ||
proposed successor guardian, or any person who will have contact | ||
with the proposed ward or the proposed ward's estate on behalf of | ||
the proposed guardian, other than an attorney or a certified | ||
guardian. | ||
SECTION 7. Section 14.151(a), Finance Code, is amended to | ||
read as follows: | ||
(a) The commissioner or an assistant commissioner, | ||
examiner, or other employee of the office shall obtain criminal | ||
history record information maintained by the Department of Public | ||
Safety, the Federal Bureau of Investigation Identification | ||
Division, or another law enforcement agency relating to a person | ||
described by Section 411.095(a) [ |
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SECTION 8. Section 152.203, Government Code, is amended to | ||
read as follows: | ||
Sec. 152.203. RULES ON INELIGIBILITY. The supreme court | ||
shall by order adopt rules on an applicant's [ |
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ineligibility for certification, registration, or licensing under | ||
this subtitle based on the applicant's [ |
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or other information that indicates the applicant [ |
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the honesty, trustworthiness, or integrity to hold the | ||
certification, registration, or license. The commission shall, in | ||
accordance with this section and rules adopted by order of the | ||
United States Supreme Court, obtain criminal history record | ||
information that is maintained by the Department of Public Safety | ||
or the Federal Bureau of Investigation identification division on | ||
each applicant for certification, registration, or licensing under | ||
this subtitle to be used only for the determination of each | ||
applicant's ineligibility under rules adopted by United States | ||
Supreme Court order under this section. The commission may not use | ||
criminal history record information obtained from the Federal | ||
Bureau of Investigation identification division under this section | ||
for any other purpose. The commission may not transfer criminal | ||
history record information obtained from the Federal Bureau of | ||
Investigation identification division under this section to any | ||
other state agency, entity, or person. The commission shall | ||
destroy criminal history record information immediately after each | ||
determination of ineligibility is made. | ||
SECTION 9. Section 155.205, Government Code, is amended to | ||
read as follows: | ||
Sec. 155.205. DUTY TO OBTAIN CRIMINAL HISTORY RECORD | ||
INFORMATION. (a) In accordance with Subsection (c) and the rules | ||
adopted by the supreme court under Section 155.203, the commission | ||
shall obtain criminal history record information that is maintained | ||
by the Department of Public Safety. The clerk shall obtain in | ||
accordance with Subsection (b) criminal history record information | ||
from [ |
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division relating to an individual seeking appointment as a | ||
guardian or temporary guardian. | ||
(b) The clerk [ |
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[ |
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information of a proposed guardian if: | ||
(1) [ |
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exceed $50,000; or | ||
(2) [ |
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this state. | ||
(c) The commission shall obtain[ |
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[ |
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of a proposed guardian, including any criminal history record | ||
information under the current name and all former names of the | ||
proposed guardian, if: | ||
(1) [ |
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$50,000 or less; and | ||
(2) [ |
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state. | ||
(d) Each proposed guardian described by Subsection (b) | ||
shall file with the commission proof of having submitted to a | ||
fingerprint-based criminal history search. | ||
SECTION 10. Section 155.207(a), Government Code, is amended | ||
to read as follows: | ||
(a) The commission shall use the criminal history record | ||
information obtained under this subchapter only for a purpose | ||
authorized by this subchapter [ |
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SECTION 11. Section 411.082, Government Code, is amended by | ||
adding Subdivisions (1-a) and (1-b) to read as follows: | ||
(1-a) "Applicant" means an individual who submits an | ||
application for employment, licensure, certification, or | ||
registration that requires the department to conduct a background | ||
check using criminal history record information. | ||
(1-b) "Application" means an application submitted by | ||
hard copy or electronically for employment, licensure, | ||
certification, or registration that requires the department to | ||
conduct a background check using criminal history record | ||
information. | ||
SECTION 12. Section 411.084, Government Code, is amended by | ||
amending Subsection (b) and adding Subsection (d) to read as | ||
follows: | ||
(b) Notwithstanding Subsection (a) or any other provision | ||
in this subchapter relating to the release or disclosure of such | ||
information, criminal history record information obtained from the | ||
Federal Bureau of Investigation may be released or disclosed only | ||
to a governmental entity or as authorized by federal law and | ||
regulations, federal executive orders, and federal policy. | ||
(d) Notwithstanding any other provision of this subchapter, | ||
a private entity that purchases information from the department is | ||
not required to provide proof of cyber-threat insurance coverage or | ||
post a performance bond if that entity: | ||
(1) provides proof of an audit by a certified public | ||
accountant certifying that the requestor has implemented internal | ||
controls and security protocols that are consistent with the | ||
National Institute of Standards and Technology standards for | ||
cybersecurity and approved by the Department of Information | ||
Resources or an IT cybersecurity professional certified by the | ||
National Institute of Standards and Technology or a similar | ||
organization; | ||
(2) provides proof of Payment Card Industry Data | ||
Security Standard (PCI DSS) certification or certification by a | ||
similar organization recognized by the Department of Information | ||
Resources; or | ||
(3) provides proof of compliance with voluntary | ||
compliance standards for cybersecurity developed by a national | ||
organization of certified public accountants for the management of | ||
customer data, including SOC 1, SOC 2, or SOC. | ||
SECTION 13. Section 411.0891, Government Code, is amended | ||
by amending Subsections (a), (b), and (d) and adding Subsections | ||
(a-1) and (e) to read as follows: | ||
(a) The [ |
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criminal history record information [ |
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who: | ||
(1) is an applicant for or holds a registration issued | ||
by the director under Subchapter C, Chapter 481, Health and Safety | ||
Code, that authorizes the person to manufacture, distribute, | ||
analyze, or conduct research with a controlled substance; | ||
(2) is an applicant for or holds a registration issued | ||
by the department under Chapter 487, Health and Safety Code, to be a | ||
director, manager, or employee of a dispensing organization, as | ||
defined by Section 487.001, Health and Safety Code; | ||
(3) is an applicant for or holds an authorization | ||
issued by the department under Section 521.2476, Transportation | ||
Code, to do business in this state as a vendor of ignition interlock | ||
devices; | ||
(4) is an applicant for or holds certification by the | ||
department as an inspection station or an inspector under | ||
Subchapter G, Chapter 548, Transportation Code, holds an inspection | ||
station or inspector certificate issued under that subchapter, or | ||
is the owner of an inspection station operating under that chapter; | ||
[ |
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(5) is an applicant for or holds a certificate of | ||
registration issued by the department under Chapter 1956, | ||
Occupations Code, to act as a metal recycling entity; | ||
(6) is an applicant for or holds a license to carry a | ||
handgun issued by the department under Subchapter H, or is an | ||
applicant for or holds a certification as an instructor issued by | ||
the department under this chapter; | ||
(7) is an applicant for or holds a Capitol access pass | ||
issued by the department under Section 411.0625; or | ||
(8) is an applicant for or holds a license or | ||
commission issued by the department under Chapter 1702, Occupations | ||
Code. | ||
(a-1) Subject to Section 411.087 and consistent with the | ||
public policy of this state, the department is entitled to: | ||
(1) obtain through the Federal Bureau of Investigation | ||
criminal history record information maintained or indexed by that | ||
bureau that pertains to a person described by Subsection (a); and | ||
(2) obtain from any other criminal justice agency in | ||
this state criminal history record information maintained by that | ||
criminal justice agency that relates to a person described by | ||
Subsection (a). | ||
(b) The department may not release or disclose to any person | ||
criminal history record information obtained from the Federal | ||
Bureau of Investigation under Subsection (a-1)(1). The department | ||
may release or disclose criminal history record information | ||
obtained [ |
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a purpose described by Subsection (a) to another person or agency | ||
only: | ||
(1) in a criminal proceeding; | ||
(2) in a hearing conducted by the department; | ||
(3) under an order from a court; or | ||
(4) with the consent of the person who is the subject | ||
of the criminal history record information. | ||
(d) The department may require any person for whom the | ||
department is authorized to obtain [ |
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record information [ |
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(a) and (a-1) to submit a complete and legible set of fingerprints | ||
to the department on a form prescribed by the department for the | ||
purpose of obtaining criminal history record information. | ||
(e) The department shall destroy criminal history record | ||
information that is obtained under this section after the | ||
information is used for its authorized purpose. | ||
SECTION 14. Section 411.090, Government Code, is amended by | ||
amending Subsections (a) and (b) and adding Subsections (a-1), (d), | ||
and (e) to read as follows: | ||
(a) The State Board for Educator Certification is entitled | ||
to obtain [ |
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information as provided by Subsection (a-1) [ |
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currently holds a certificate under Subchapter B, Chapter 21, | ||
Education Code. | ||
(a-1) Subject to Section 411.087 and consistent with the | ||
public policy of this state, the State Board for Educator | ||
Certification is entitled to: | ||
(1) obtain through the Federal Bureau of Investigation | ||
criminal history record information maintained or indexed by that | ||
bureau that pertains to a person described by Subsection (a); and | ||
(2) obtain from the department or any other criminal | ||
justice agency in this state criminal history record information | ||
maintained by the department or that criminal justice agency that | ||
relates to a person described by Subsection (a). | ||
(b) The State Board for Educator Certification may not | ||
release or disclose to any person criminal history record | ||
information obtained from the Federal Bureau of Investigation under | ||
Subsection (a-1)(1). Criminal history record information obtained | ||
by the board under Subsection (a-1)(2) in the original form or any | ||
subsequent form: | ||
(1) may be used only for a purpose related to the | ||
issuance, denial, reprimand, suspension, revocation, or | ||
cancellation of a certificate issued by the board; | ||
(2) may not be released to any person except: | ||
(A) to the person who is the subject of the | ||
information; | ||
(B) to the Texas Education Agency; | ||
(C) to a local or regional educational entity as | ||
provided by Section 411.097; or | ||
(D) by court order; and | ||
(3) is not subject to disclosure as provided by | ||
Chapter 552[ |
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[ |
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(d) The State Board for Educator Certification is not | ||
prohibited from disclosing criminal history record information | ||
obtained under Subsection (a-1)(2) in a criminal proceeding or in a | ||
hearing conducted by the Texas Education Agency or the State Board | ||
for Educator Certification. | ||
(e) The State Board for Educator Certification shall | ||
destroy criminal history record information that is obtained under | ||
this section after the information is used for its authorized | ||
purpose. | ||
SECTION 15. Section 411.0901, Government Code, is amended | ||
by amending Subsections (a) and (b) and adding Subsections (a-1), | ||
(c), and (d) to read as follows: | ||
(a) The Texas Education Agency is entitled to obtain | ||
criminal history record information as provided by Subsection (a-1) | ||
[ |
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(1) is employed or is an applicant for employment by a | ||
school district or open-enrollment charter school; | ||
(2) is employed or is an applicant for employment by a | ||
shared services arrangement, if the employee's or applicant's | ||
duties are or will be performed on school property or at another | ||
location where students are regularly present; [ |
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(3) is employed or is an applicant for employment by an | ||
entity that contracts or subcontracts with a school district, | ||
open-enrollment charter school, or shared services arrangement, if | ||
the applicant or employee has or will have: | ||
(A) continuing duties related to the contracted | ||
or subcontracted services; and | ||
(B) direct contact with students; | ||
(4) is employed or is an applicant for employment by | ||
the Texas Education Agency; or | ||
(5) provides services as a tutor on behalf of a service | ||
provider that offers accelerated or supplemental instruction under | ||
Section 28.0211, Education Code, if the tutor has or will have | ||
continuing duties related to the services provided and has or will | ||
have direct contact with students [ |
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[ |
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[ |
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(a-1) Subject to Section 411.087 and consistent with the | ||
public policy of this state, the Texas Education Agency is entitled | ||
to: | ||
(1) obtain through the Federal Bureau of Investigation | ||
criminal history record information maintained or indexed by that | ||
bureau that pertains to a person described by Subsection (a); and | ||
(2) obtain from the department or any other criminal | ||
justice agency in this state criminal history record information | ||
maintained by the department or that criminal justice agency that | ||
relates to a person described by Subsection (a). | ||
(b) The Texas Education Agency may not release or disclose | ||
to any person criminal history record information obtained from the | ||
Federal Bureau of Investigation under Subsection (a-1)(1). | ||
Criminal history record information obtained by the agency under | ||
Subsection (a-1)(2) in the original form or any subsequent form: | ||
(1) may be used only for a purpose authorized by the | ||
Education Code; | ||
(2) may not be released to any person except: | ||
(A) the person who is the subject of the | ||
information; | ||
(B) the State Board for Educator Certification; | ||
(C) a local or regional educational entity as | ||
provided by Section 411.097; [ |
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(D) by court order; or | ||
(E) as provided by Subsection (c); and | ||
(3) is not subject to disclosure as provided by | ||
Chapter 552[ |
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[ |
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(c) The Texas Education Agency is not prohibited from | ||
disclosing criminal history record information obtained under | ||
Subsection (a-1)(2) in a criminal proceeding or in a hearing | ||
conducted by the Texas Education Agency or the State Board for | ||
Educator Certification. | ||
(d) The Texas Education Agency shall destroy criminal | ||
history record information that is obtained under this section | ||
after the information is used for its authorized purpose. | ||
SECTION 16. Section 411.093, Government Code, is amended to | ||
read as follows: | ||
Sec. 411.093. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: TEXAS DEPARTMENT OF LICENSING AND REGULATION. (a) | ||
The Texas Department of Licensing and Regulation is entitled to | ||
obtain [ |
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provided by Subsection (b) [ |
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relates to [ |
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(1) an applicant for or the holder of: | ||
(A) a driver education instructor license under | ||
Chapter 1001, Education Code; | ||
(B) a license under Chapter 202, Occupations | ||
Code; | ||
(C) a license under Chapter 401, Occupations | ||
Code; | ||
(D) a license under Chapter 402, Occupations Code | ||
[ |
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(E) an instructor license or motorcycle school | ||
license under Chapter 662, Transportation Code; | ||
(2) a person who is: | ||
(A) an applicant for or the holder of a license | ||
under Chapter 91, Labor Code; or | ||
(B) a controlling person, as defined by Chapter | ||
91, Labor Code, of an entity described by Paragraph (A); or | ||
(3) a person who: | ||
(A) is an applicant for or the holder of a license | ||
under Chapter 455, Occupations Code; or | ||
(B) has an interest described under Section | ||
455.1525(e), Occupations Code, in an entity described by Paragraph | ||
(A)[ |
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(b) Subject to Section 411.087 and consistent with the | ||
public policy of this state, the Texas Department of Licensing and | ||
Regulation is entitled to: | ||
(1) obtain through the Federal Bureau of Investigation | ||
criminal history record information maintained or indexed by that | ||
bureau that pertains to a person described by Subsection (a); and | ||
(2) obtain from the department or any other criminal | ||
justice agency in this state criminal history record information | ||
maintained by the department or that criminal justice agency that | ||
relates to a person described by Subsection (a). | ||
(c) The Texas Department of Licensing and Regulation may not | ||
release or disclose to any person criminal history record | ||
information obtained from the Federal Bureau of Investigation under | ||
Subsection (b)(1). Criminal history record information obtained by | ||
the Texas Department of Licensing and Regulation under Subsection | ||
(b)(2) may not be released or disclosed to any person except on | ||
court order, with the written consent of the person who is the | ||
subject of the criminal history record information, or as provided | ||
by Subsection (d). | ||
(d) The Texas Department of Licensing and Regulation is not | ||
prohibited from disclosing criminal history record information | ||
obtained under Subsection (b)(2) in a criminal proceeding or in a | ||
hearing conducted by the Texas Department of Licensing and | ||
Regulation or the State Office of Administrative Hearings. | ||
(e) The Texas Department of Licensing and Regulation shall | ||
destroy criminal history record information that is obtained under | ||
this section after the information is used for its authorized | ||
purpose. | ||
SECTION 17. Section 411.095, Government Code, is amended to | ||
read as follows: | ||
Sec. 411.095. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: CONSUMER CREDIT COMMISSIONER. (a) The consumer | ||
credit commissioner is entitled to obtain [ |
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criminal history record information as provided by Subsection (a-1) | ||
that relates to a person who is: | ||
(1) an applicant for or holder of a license or | ||
registration under Chapter 180, 342, 347, 348, 351, 353, 371, 393, | ||
or 394, Finance Code; | ||
(2) an employee of or volunteer with the Office of | ||
Consumer Credit Commissioner; | ||
(3) an applicant for employment with the Office of | ||
Consumer Credit Commissioner; [ |
||
(4) a contractor or subcontractor of the Office of | ||
Consumer Credit Commissioner; or | ||
(5) an officer, director, owner, or employee of a | ||
person described by Subdivision (1) or another person having a | ||
substantial relationship with that person under Chapter 180, 342, | ||
347, 348, 351, 353, 371, 393, or 394, Finance Code. | ||
(a-1) Subject to Section 411.087 and consistent with the | ||
public policy of this state, the consumer credit commissioner is | ||
entitled to: | ||
(1) obtain through the Federal Bureau of Investigation | ||
criminal history record information maintained or indexed by that | ||
bureau that pertains to a person described by Subsection (a); and | ||
(2) obtain from the department or any other criminal | ||
justice agency in this state criminal history record information | ||
maintained by the department or that criminal justice agency that | ||
relates to a person described by Subsection (a). | ||
(b) The consumer credit commissioner may not release or | ||
disclose to any person criminal history record information obtained | ||
from the Federal Bureau of Investigation under Subsection (a-1)(1). | ||
The consumer credit commissioner may not release or disclose | ||
criminal history record information obtained under Subsection | ||
(a-1)(2) except [ |
||
(1) [ |
||
[ |
||
[ |
||
(2) [ |
||
criminal history record information; [ |
||
(3) [ |
||
subject of the criminal history record information; or | ||
(4) in a hearing where the Office of Consumer Credit | ||
Commissioner is a party. | ||
(c) The consumer credit commissioner shall destroy criminal | ||
history record information that is obtained under this section | ||
after the information is used for its authorized purpose. | ||
SECTION 18. Section 411.096, Government Code, is amended to | ||
read as follows: | ||
Sec. 411.096. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: TEXAS RACING COMMISSION. (a) The Texas Racing | ||
Commission is entitled to obtain as provided by Subsection (a-1) | ||
[ |
||
[ |
||
(1) a person who: | ||
(A) is an applicant for or the holder of a license | ||
or certificate under Chapter 2025, Occupations Code; | ||
(B) is an owner or manager of an applicant or | ||
license holder described by Paragraph (A); or | ||
(C) has an interest described under Chapter 2025, | ||
Occupations Code, in an entity described by that chapter; | ||
(2) an applicant for employment at or current employee | ||
of: | ||
(A) the Texas Racing Commission; or | ||
(B) a place of employment within the racing | ||
industry of this state; or | ||
(3) an applicant for employment at, current employee | ||
of, or person who contracts or may contract to provide goods or | ||
services with the Texas Racing Commission [ |
||
[ |
||
[ |
||
(a-1) Subject to Section 411.087 and consistent with the | ||
public policy of this state, the Texas Racing Commission is | ||
entitled to: | ||
(1) obtain through the Federal Bureau of Investigation | ||
criminal history record information maintained or indexed by that | ||
bureau that pertains to a person described by Subsection (a); and | ||
(2) obtain from the department or any other criminal | ||
justice agency in this state criminal history record information | ||
maintained by the department or that criminal justice agency that | ||
relates to a person described by Subsection (a). | ||
(b) The Texas Racing Commission may not release or disclose | ||
to any person criminal history record information obtained from the | ||
Federal Bureau of Investigation under Subsection (a-1)(1). | ||
Criminal history record information obtained by the Texas Racing | ||
Commission [ |
||
released or disclosed to any person except [ |
||
order, [ |
||
subject of the criminal history record information, or as provided | ||
by Subsection (c) [ |
||
(c) The Texas Racing Commission is not prohibited from | ||
disclosing criminal history record information obtained under | ||
Subsection (a-1)(2) in a criminal proceeding or in a hearing | ||
conducted by the Texas Racing Commission or the State Office of | ||
Administrative Hearings. | ||
(d) The Texas Racing Commission shall destroy criminal | ||
history record information that is obtained under this section | ||
after the information is used for its authorized purpose. | ||
SECTION 19. Section 411.097, Government Code, is amended by | ||
amending Subsections (a), (b), (c), and (d) and adding Subsections | ||
(c-1), (g), and (h) to read as follows: | ||
(a) A school district, charter school, private school, | ||
regional education service center, commercial transportation | ||
company, or education shared services arrangement, or an entity | ||
that contracts to provide services to a school district, charter | ||
school, or shared services arrangement, is entitled to obtain [ |
||
Subsection (c-1) [ |
||
school, service center, shared services arrangement, or entity is | ||
required or authorized to obtain under Subchapter C, Chapter 22, | ||
Education Code, that relates to a person who is: | ||
(1) an applicant for employment by the district, | ||
school, service center, or shared services arrangement; | ||
(2) an employee of or an applicant for employment with | ||
a public or commercial transportation company that contracts with | ||
the district, school, service center, or shared services | ||
arrangement to provide transportation services if the employee | ||
drives or the applicant will drive a bus in which students are | ||
transported or is employed or is seeking employment as a bus monitor | ||
or bus aide on a bus in which students are transported; [ |
||
(3) an employee of or applicant for employment by an | ||
entity that contracts to provide services to a school district, | ||
charter school, or shared services arrangement as provided by | ||
Section 22.0834 [ |
||
(4) an employee of or applicant for employment by a | ||
subcontractor of an entity that contracts to provide services to a | ||
school district, charter school, or shared services arrangement as | ||
provided by Section 22.0834, Education Code; or | ||
(5) a tutor who provides services on behalf of a | ||
service provider that offers accelerated or supplemental | ||
instruction under Section 28.0211, Education Code. | ||
(b) A school district, charter school, private school, | ||
regional education service center, or education shared services | ||
arrangement is entitled to obtain [ |
||
history record information as provided by Subsection (c-1) | ||
[ |
||
center, or shared services arrangement is required or authorized to | ||
obtain under Subchapter C, Chapter 22, Education Code, that relates | ||
to a person who is a volunteer, student teacher, or employee of the | ||
district, school, service center, or shared services arrangement. | ||
(c) An open-enrollment charter school is entitled to obtain | ||
[ |
||
provided by Subsection (c-1) [ |
||
relates to a person who: | ||
(1) is a member of the governing body of the school, as | ||
defined by Section 12.1012, Education Code; or | ||
(2) has agreed to serve as a member of the governing | ||
body of the school. | ||
(c-1) Subject to Section 411.087 and consistent with the | ||
public policy of this state: | ||
(1) a school district, charter school, regional | ||
education service center, or education shared services arrangement | ||
is entitled to obtain through the Federal Bureau of Investigation | ||
criminal history record information maintained or indexed by that | ||
bureau that pertains to a person described by Subsection (a), (b), | ||
or (c), as applicable; and | ||
(2) a school district, charter school, private school, | ||
regional education service center, commercial transportation | ||
company, or education shared services arrangement, or an entity | ||
that contracts to provide services to a school district, charter | ||
school, or shared services arrangement, is entitled to obtain from | ||
the department or any other criminal justice agency in this state | ||
criminal history record information maintained by the department or | ||
that criminal justice agency that relates to a person described by | ||
Subsection (a), (b), or (c), as applicable. | ||
(d) A school district, charter school, regional education | ||
service center, or education shared services arrangement may not | ||
release or disclose to any person criminal history record | ||
information obtained from the Federal Bureau of Investigation under | ||
Subsection (c-1)(1). Criminal history record information obtained | ||
by a school district, charter school, private school, service | ||
center, commercial transportation company, or shared services | ||
arrangement, or obtained by an entity that contracts to provide | ||
services to a school district, charter school, or shared services | ||
arrangement, under Subsection (c-1)(2) in the original form or any | ||
subsequent form: | ||
(1) may not be released to any person except: | ||
(A) the individual who is the subject of the | ||
information; | ||
(B) the Texas Education Agency; | ||
(C) the State Board for Educator Certification; | ||
(D) the chief personnel officer of the | ||
transportation company, if the information is obtained under | ||
Subsection (a)(2); or | ||
(E) by court order; and | ||
(2) is not subject to disclosure as provided by | ||
Chapter 552[ |
||
[ |
||
[ |
||
[ |
||
(g) A school district, charter school, private school, | ||
regional education service center, commercial transportation | ||
company, or education shared services arrangement or an entity that | ||
contracts to provide services to a school district, charter school, | ||
or shared services arrangement, as applicable, is not prohibited | ||
from disclosing criminal history record information obtained under | ||
Subsection (c-1)(2) in a criminal proceeding or in a hearing | ||
conducted by the Texas Education Agency or the State Board for | ||
Educator Certification. | ||
(h) A school district, charter school, private school, | ||
regional education service center, commercial transportation | ||
company, or education shared services arrangement or an entity that | ||
contracts to provide services to a school district, charter school, | ||
or shared services arrangement, as applicable, shall destroy | ||
criminal history record information that is obtained under this | ||
section after the information is used for its authorized purpose. | ||
SECTION 20. Section 411.0995, Government Code, is amended | ||
to read as follows: | ||
Sec. 411.0995. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: STATE BOARD OF VETERINARY MEDICAL EXAMINERS. (a) The | ||
State Board of Veterinary Medical Examiners is entitled to obtain | ||
[ |
||
provided by Subsection (b) [ |
||
relates to a license under Chapter 801, Occupations Code, for a | ||
person who is: | ||
(1) an applicant for: | ||
(A) a license, temporary license, or special | ||
license to practice veterinary medicine; | ||
(B) a veterinary technician license; or | ||
(C) an equine dental provider license; or | ||
(2) a holder of a license described by Subdivision | ||
(1)(A), (B), or (C) [ |
||
[ |
||
(b) Subject to Section 411.087 and consistent with the | ||
public policy of this state, the State Board of Veterinary Medical | ||
Examiners is entitled to: | ||
(1) obtain through the Federal Bureau of Investigation | ||
criminal history record information maintained or indexed by that | ||
bureau that pertains to a person described by Subsection (a); and | ||
(2) obtain from the department or any other criminal | ||
justice agency in this state criminal history record information | ||
maintained by the department or that criminal justice agency that | ||
relates to a person described by Subsection (a). | ||
(c) The State Board of Veterinary Medical Examiners may not | ||
release or disclose to any person criminal history record | ||
information obtained from the Federal Bureau of Investigation under | ||
Subsection (b)(1). Criminal history record information obtained by | ||
the State Board of Veterinary Medical Examiners under Subsection | ||
(b)(2) may not be released or disclosed to any person except on | ||
court order, with the written consent of the person who is the | ||
subject of the criminal history record information, or as provided | ||
by Subsection (d). | ||
(d) The State Board of Veterinary Medical Examiners is not | ||
prohibited from disclosing criminal history record information | ||
obtained under Subsection (b)(2) in a criminal proceeding or in a | ||
hearing conducted by the State Board of Veterinary Medical | ||
Examiners. | ||
(e) The State Board of Veterinary Medical Examiners shall | ||
destroy criminal history record information that is obtained under | ||
this section after the information is used for its authorized | ||
purpose. | ||
SECTION 21. Section 411.105, Government Code, is amended to | ||
read as follows: | ||
Sec. 411.105. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY. (a) The | ||
Texas State Board of Public Accountancy is entitled to obtain [ |
||
Subsection (b) [ |
||
(1) an applicant for a license or certification as a | ||
certified public accountant under Chapter 901, Occupations Code; | ||
[ |
||
(2) an applicant to take the uniform certified public | ||
accountant [ |
||
(3) an applicant for reinstatement of a license or | ||
certificate under Chapter 901, Occupations Code; | ||
(4) an applicant for a license or certification | ||
renewal under Chapter 901, Occupations Code; or | ||
(5) an owner or an individual who seeks to become an | ||
owner of a certified public accountancy firm if the owner or | ||
prospective owner is not a license holder under Chapter 901, | ||
Occupations Code [ |
||
(b) Subject to Section 411.087 of this code and Section | ||
901.169, Occupations Code, and consistent with the public policy of | ||
this state, the Texas State Board of Public Accountancy is entitled | ||
to: | ||
(1) obtain through the Federal Bureau of Investigation | ||
criminal history record information maintained or indexed by that | ||
bureau that pertains to a person described by Subsection (a); and | ||
(2) obtain from the department or any other criminal | ||
justice agency in this state criminal history record information | ||
maintained by the department or that criminal justice agency that | ||
relates to a person described by Subsection (a). | ||
(c) The Texas State Board of Public Accountancy may not | ||
release or disclose to any person criminal history record | ||
information obtained from the Federal Bureau of Investigation under | ||
Subsection (b)(1). Criminal history record information obtained by | ||
the board under Subsection (b)(2) may not be released or disclosed | ||
to any person except on court order, with the written consent of the | ||
person who is the subject of the criminal history record | ||
information, or as provided by Subsection (d). | ||
(d) The board is not prohibited from disclosing criminal | ||
history record information obtained under Subsection (b)(2) in a | ||
criminal proceeding or in a hearing conducted by or on behalf of the | ||
board. | ||
(e) The board shall destroy criminal history record | ||
information that is obtained under this section after the | ||
information is used for its authorized purpose. | ||
SECTION 22. Section 411.106, Government Code, is amended to | ||
read as follows: | ||
Sec. 411.106. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: TEXAS DEPARTMENT OF INSURANCE. (a) The Texas | ||
Department of Insurance [ |
||
obtain [ |
||
provided by Subsection (a-1) [ |
||
relates to a person who is: | ||
(1) an applicant for a license, permit, certificate of | ||
authority, certificate of registration, or other authorization | ||
issued by the Texas Department [ |
||
in an activity regulated under the Insurance Code; or | ||
(2) a corporate officer or director of an insurance | ||
company regulated by the Texas Department of Insurance. | ||
(a-1) Subject to Section 411.087 and consistent with the | ||
public policy of this state, the Texas Department of Insurance is | ||
entitled to: | ||
(1) obtain through the Federal Bureau of Investigation | ||
criminal history record information maintained or indexed by that | ||
bureau that pertains to a person described by Subsection (a); and | ||
(2) obtain from the department or any other criminal | ||
justice agency in this state criminal history record information | ||
maintained by the department or that criminal justice agency that | ||
relates to a person described by Subsection (a). | ||
(b) The Texas Department of Insurance may not release or | ||
disclose to any person criminal history record information obtained | ||
from the Federal Bureau of Investigation under Subsection (a-1)(1). | ||
Criminal history record information obtained by the Texas | ||
Department of Insurance under Subsection (a-1)(2) [ |
||
disclosed or released to any person except on court order, [ |
||
the written consent of the person who is the subject of the criminal | ||
history record information, or as provided by Subsection (b-1). | ||
(b-1) The Texas Department of Insurance is not prohibited | ||
from disclosing criminal history record information obtained under | ||
Subsection (a-1)(2) in a criminal proceeding or in a hearing | ||
conducted by the Texas Department of Insurance. | ||
(c) The [ |
||
destroy [ |
||
obtained under this section after the information is used for its | ||
authorized purpose [ |
||
SECTION 23. Section 411.107, Government Code, is amended to | ||
read as follows: | ||
Sec. 411.107. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: RECEIVER. (a) In this section, "receiver" has the | ||
meaning assigned by Section 443.004 [ |
||
Code. | ||
(b) A receiver is entitled to obtain [ |
||
criminal history record information as provided by Subsection (b-1) | ||
[ |
||
(1) who is a creditor or claimant of the receivership | ||
estate; or | ||
(2) against whom the receivership estate has a claim | ||
[ |
||
(b-1) A receiver is entitled to obtain from the department | ||
or any other criminal justice agency in this state criminal history | ||
record information maintained by the department or that criminal | ||
justice agency that relates to a person described by Subsection | ||
(b). | ||
(c) Criminal history record information obtained by a | ||
receiver under Subsection (b-1) [ |
||
disclosed to any person except on court order or with the written | ||
consent of the person who is the subject of the criminal history | ||
record information. | ||
(d) A receiver shall [ |
||
information obtained by the receiver under this section [ |
||
accomplished. | ||
SECTION 24. Section 411.108, Government Code, is amended to | ||
read as follows: | ||
Sec. 411.108. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: TEXAS LOTTERY COMMISSION. (a) The Texas Lottery | ||
Commission is entitled to obtain [ |
||
history record information as provided by Subsection (a-2) | ||
[ |
||
Section 466.201 [ |
||
(1) a sales agent or an applicant for a sales agent | ||
license; | ||
(2) a person required to be named in a license | ||
application; | ||
(3) a lottery operator or prospective lottery operator | ||
who has submitted a written proposal to the commission in | ||
connection with the procurement of lottery operations and services | ||
by the commission; | ||
(4) an employee of a lottery operator or prospective | ||
lottery operator, if the employee is or will be directly involved in | ||
lottery operations; | ||
(5) a person who manufactures or distributes lottery | ||
equipment or supplies or a representative of a person who | ||
manufactures or distributes lottery equipment or supplies offered | ||
to the lottery; | ||
(6) a person who has submitted a written bid or | ||
proposal to the commission in connection with the procurement of | ||
goods or services by the commission, if the amount of the bid or | ||
proposal exceeds $500; | ||
(7) an employee or other person who works for or will | ||
work for a sales agent or an applicant for a sales agent license; | ||
(8) a person who proposes to enter into or who has a | ||
contract with the commission to supply goods or services to the | ||
commission; | ||
(9) if a person described in Subdivisions (1) through | ||
(8) of this section is not an individual, an individual who: | ||
(A) is an officer or director of the person; | ||
(B) holds more than 10 percent of the stock in the | ||
person; | ||
(C) holds an equitable interest greater than 10 | ||
percent in the person; | ||
(D) is a creditor of the person who holds more | ||
than 10 percent of the person's outstanding debt; | ||
(E) is the owner or lessee of a business that the | ||
person conducts or through which the person will conduct | ||
lottery-related activities; | ||
(F) shares or will share in the profits, other | ||
than stock dividends, of the person; | ||
(G) participates in managing the affairs of the | ||
person; or | ||
(H) is an employee of the person who is or will be | ||
involved in: | ||
(i) selling tickets; or | ||
(ii) handling money from the sale of | ||
tickets; | ||
(10) the executive director or a prospective executive | ||
director of the commission; | ||
(11) an employee or prospective employee of the | ||
commission; or | ||
(12) a sales agent whose license is renewed under | ||
Section 466.158. | ||
(a-1) The Texas Lottery Commission is entitled to obtain | ||
[ |
||
provided by Subsection (a-2) [ |
||
relates to a person licensed under Chapter 2001, Occupations Code, | ||
or described by Section 2001.3025, Occupations Code. | ||
(a-2) Subject to Sections 411.087, 466.201, and 467.036(b) | ||
of this code and Section 2001.3025, Occupations Code, and | ||
consistent with the public policy of this state, the Texas Lottery | ||
Commission is entitled to: | ||
(1) obtain through the Federal Bureau of Investigation | ||
criminal history record information maintained or indexed by that | ||
bureau that pertains to a person described by Subsection (a) or | ||
(a-1); and | ||
(2) obtain from the department or any other criminal | ||
justice agency in this state criminal history record information | ||
maintained by the department or that criminal justice agency that | ||
relates to a person described by Subsection (a) or (a-1). | ||
(b) The Texas Lottery Commission may not release or disclose | ||
to any person criminal history record information obtained from the | ||
Federal Bureau of Investigation under Subsection (a-2)(1). | ||
Criminal history record information obtained by the commission | ||
under Subsection (a-2)(2) [ |
||
disclosed to any person except on court order, with the written | ||
consent of the person who is the subject of the criminal history | ||
record information, or as provided by Subsection (c) or (d). | ||
(c) The Texas Lottery Commission [ |
||
prohibited from disclosing to the person who is the subject of the | ||
criminal history record information obtained under Subsection | ||
(a-2)(2) the dates and places of arrests, offenses, and | ||
dispositions contained in the [ |
||
information. | ||
(d) The Texas Lottery Commission is not prohibited from | ||
disclosing criminal history record information obtained under | ||
Subsection (a-2)(2) in a criminal proceeding or in a hearing | ||
conducted by the State Office of Administrative Hearings. | ||
(e) The Texas Lottery Commission shall destroy criminal | ||
history record information that is obtained under this section | ||
after the information is used for its authorized purpose. | ||
SECTION 25. Section 411.109, Government Code, is amended by | ||
amending Subsections (a), (b), and (d) and adding Subsections (c), | ||
(f), and (g) to read as follows: | ||
(a) The comptroller is entitled to obtain [ |
||
Subsection (c) [ |
||
believes is necessary for the enforcement or administration of | ||
Chapter 103, Civil Practice and Remedies Code, or Chapter 151, 152, | ||
154, 155, or 162, Tax Code, including criminal history record | ||
information that relates to a person who is: | ||
(1) an applicant for a permit under any of those | ||
chapters; | ||
(2) a permit holder under any of those chapters; | ||
(3) an officer, director, stockholder owning 10 | ||
percent or more of the outstanding stock, partner, owner, or | ||
managing employee of an applicant or permit holder under any of | ||
those chapters that is a corporation, association, joint venture, | ||
syndicate, partnership, or proprietorship; | ||
(4) believed to have violated any of those chapters; | ||
(5) being considered by the comptroller for employment | ||
as a peace officer; or | ||
(6) receiving, scheduled to receive, or applying to | ||
receive compensation under Chapter 103, Civil Practice and Remedies | ||
Code. | ||
(b) The comptroller is entitled to obtain [ |
||
Subsection (c) [ |
||
person who is an employee, intern, learner, trainee, contractor, | ||
subcontractor, apprentice, or volunteer of, or who is an applicant | ||
for employment or service in one of those capacities with, the | ||
comptroller's office in a position that involves: | ||
(1) handling currency, checks, or other funds; | ||
(2) having access to taxpayer account information; | ||
(3) working in a location designated by the | ||
comptroller as a security-sensitive area; [ |
||
(4) performing financial management duties designated | ||
by the comptroller as security sensitive; | ||
(5) performing work on a computer system; or | ||
(6) having remote access to comptroller computer | ||
systems, information technology, or information technology | ||
resources. | ||
(c) Subject to Section 411.087 and consistent with the | ||
public policy of this state, the comptroller is entitled to: | ||
(1) obtain through the Federal Bureau of Investigation | ||
criminal history record information maintained or indexed by that | ||
bureau that pertains to a person described by Subsection (a) or (b); | ||
and | ||
(2) obtain from the department or any other criminal | ||
justice agency in this state criminal history record information | ||
maintained by the department or that criminal justice agency that | ||
relates to a person described by Subsection (a) or (b). | ||
(d) The comptroller may not release or disclose to any | ||
person criminal history record information obtained from the | ||
Federal Bureau of Investigation under Subsection (c)(1). Criminal | ||
history record information obtained by the comptroller under | ||
Subsection (c)(2) [ |
||
released or disclosed to any person except on court order, with the | ||
written consent of the person who is the subject of the criminal | ||
history record information, or as provided by Subsection (e) or | ||
(f). | ||
(f) The comptroller is not prohibited from disclosing | ||
criminal history record information obtained under Subsection | ||
(c)(2) in a criminal proceeding or in a hearing conducted by the | ||
comptroller. | ||
(g) The comptroller shall destroy criminal history record | ||
information that is obtained under this section after the | ||
information is used for its authorized purpose. | ||
SECTION 26. Section 411.110, Government Code, is amended by | ||
amending Subsections (a), (b), (c), and (e) and adding Subsection | ||
(a-1) to read as follows: | ||
(a) The Department of State Health Services and the Health | ||
and Human Services Commission are entitled to obtain [ |
||
Subsection (a-1) [ |
||
person who is: | ||
(1) [ |
||
[ |
||
under Chapter 773, Health and Safety Code, [ |
||
[ |
||
emergency medical services provider license under that chapter, | ||
[ |
||
[ |
||
under that chapter [ |
||
(2) an applicant for a license or a license holder | ||
under Subchapter I, L, or [ |
||
Safety Code; | ||
(3) an applicant for employment at or current employee | ||
of: | ||
(A) a public health hospital as defined by | ||
Section 13.033, Health and Safety Code; or | ||
(B) the South Texas Health Care System; | ||
(4) an applicant for employment at, current employee | ||
of, or person who contracts or may contract to provide goods or | ||
services with the Council on Sex Offender Treatment or other | ||
division or component of the Health and Human Services Commission | ||
that monitors sexually violent predators as described by Section | ||
841.003(a), Health and Safety Code; [ |
||
(5) [ |
||
the vital records electronic registration system under Chapter 191, | ||
Health and Safety Code, including an employee of or contractor for | ||
the Department of State Health Services, a local registrar, a | ||
medical professional, or a funeral director; or | ||
(6) an applicant for a license or a license holder | ||
under Subchapter C, Chapter 443, Health and Safety Code. | ||
(a-1) Subject to Section 411.087 and consistent with the | ||
public policy of this state, the Department of State Health | ||
Services and the Health and Human Services Commission are entitled | ||
to: | ||
(1) obtain through the Federal Bureau of Investigation | ||
criminal history record information maintained or indexed by that | ||
bureau that pertains to a person described by Subsection (a); and | ||
(2) obtain from the department or any other criminal | ||
justice agency in this state criminal history record information | ||
maintained by the department or that criminal justice agency that | ||
relates to a person described by Subsection (a). | ||
(b) The Department of State Health Services or the Health | ||
and Human Services Commission, as applicable, may not release or | ||
disclose to any person criminal history record information obtained | ||
from the Federal Bureau of Investigation under Subsection | ||
(a-1)(1). Criminal history record information obtained by the | ||
Department of State Health Services or the Health and Human | ||
Services Commission under Subsection (a-1)(2) [ |
||
released or disclosed to any person except: | ||
(1) on court order; | ||
(2) [ |
||
information; | ||
(3) between the Department of State Health Services | ||
and the Health and Human Services Commission to share with the other | ||
agency information obtained under this section for the purposes | ||
authorized by this section; or | ||
(4) [ |
||
(c) The [ |
||
Department of State Health Services or the Health and Human | ||
Services Commission, as applicable, shall destroy the criminal | ||
history record information that is obtained under this section | ||
after the information is used for its authorized purpose [ |
||
[ |
||
[ |
||
(e) The Department of State Health Services or the Health | ||
and Human Services Commission, as applicable, is not prohibited | ||
from disclosing criminal history record information obtained under | ||
Subsection (a-1)(2) [ |
||
conducted by that agency [ |
||
SECTION 27. Section 411.1103, Government Code, is amended | ||
to read as follows: | ||
Sec. 411.1103. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: [ |
||
HUMAN SERVICES COMMISSION. (a) The [ |
||
entitled to obtain [ |
||
information as provided by Subsection (d) [ |
||
(1) who is: | ||
(A) an applicant for employment at a state | ||
hospital established under Chapter 552, Health and Safety Code; | ||
(B) an employee of a state hospital established | ||
under Chapter 552, Health and Safety Code; | ||
(C) a person who contracts or may contract to | ||
provide goods or services to the [ |
||
applicable, at a state hospital established under Chapter 552, | ||
Health and Safety Code, or an employee of or applicant for | ||
employment with that person; | ||
(D) a volunteer with a state hospital established | ||
under Chapter 552, Health and Safety Code; or | ||
(E) an applicant for a volunteer position with a | ||
state hospital established under Chapter 552, Health and Safety | ||
Code; and | ||
(2) who would be placed in direct contact with a | ||
patient at a state hospital established under Chapter 552, Health | ||
and Safety Code. | ||
(b) The Health and Human Services Commission may not release | ||
or disclose to any person criminal history record information | ||
obtained from the Federal Bureau of Investigation under Subsection | ||
(d)(1). Criminal history record information obtained by the | ||
[ |
||
Services Commission under Subsection (d)(2) [ |
||
be released or disclosed to any person except: | ||
(1) on court order; | ||
(2) with the consent of the person who is the subject | ||
of the criminal history record information; | ||
(3) for purposes of an administrative hearing held by | ||
the [ |
||
Services Commission[ |
||
the subject of the criminal history record information; or | ||
(4) as provided by Subsection (c). | ||
(c) The [ |
||
and Human Services Commission is not prohibited from releasing | ||
criminal history record information obtained under Subsection | ||
(d)(2) [ |
||
criminal history record information. | ||
(d) Subject to Section 411.087 and consistent with the | ||
public policy of this state, the [ |
||
entitled to: | ||
(1) obtain through the Federal Bureau of Investigation | ||
criminal history record information maintained or indexed by that | ||
bureau that pertains to a person described by Subsection (a); and | ||
(2) obtain from the department or any other criminal | ||
justice agency in this state criminal history record information | ||
maintained by the department or that criminal justice agency that | ||
relates to a person described by Subsection (a). | ||
(e) This section does not prohibit the [ |
||
obtaining and using criminal history record information as provided | ||
by other law. | ||
(f) The Health and Human Services Commission shall destroy | ||
criminal history record information that is obtained under this | ||
section after the information is used for its authorized purpose. | ||
SECTION 28. Section 411.1105, Government Code, is amended | ||
to read as follows: | ||
Sec. 411.1105. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: [ |
||
HUMAN SERVICES COMMISSION. (a) The [ |
||
entitled to obtain [ |
||
information as provided by Subsections (a-1) and (b) [ |
||
(1) an applicant for a chemical dependency counselor's | ||
license, a counselor intern's registration, or a clinical | ||
supervisor certification under Chapter 504, Occupations Code; or | ||
(2) the holder of a license, registration, or | ||
certification under that chapter. | ||
(a-1) Subject to Section 411.087 and consistent with the | ||
public policy of this state, the Health and Human Services | ||
Commission is entitled to: | ||
(1) obtain through the Federal Bureau of Investigation | ||
criminal history record information maintained or indexed by that | ||
bureau that pertains to a person described by Subsection (a); and | ||
(2) obtain from the department or any other criminal | ||
justice agency in this state criminal history record information | ||
maintained by the department or that criminal justice agency that | ||
relates to a person described by Subsection (a). | ||
(b) In addition to information obtained from the Federal | ||
Bureau of Investigation under Subsection (a-1)(1) and Section | ||
411.087, the [ |
||
and Human Services Commission is [ |
||
information relating to the wanted persons status of an individual | ||
listed in Subsection (a). | ||
(c) The Health and Human Services Commission may not release | ||
or disclose to any person criminal history record information | ||
obtained from the Federal Bureau of Investigation under Subsection | ||
(a-1)(1) or (b). Criminal history record information obtained by | ||
the [ |
||
Services Commission under Subsection (a-1)(2) [ |
||
released or disclosed to any person except: | ||
(1) on court order; | ||
(2) [ |
||
subject of the criminal history record information; [ |
||
(3) as provided by Subsection (d). | ||
(d) The [ |
||
and Human Services Commission[ |
||
applicant or licensee with a copy of the person's criminal history | ||
record information obtained from the Department of Public Safety [ |
||
another law enforcement agency under Subsection (a-1)(2). | ||
(e) This section does not prohibit the Health and Human | ||
Services Commission from obtaining and using criminal history | ||
record information as provided by other law. | ||
(f) The Health and Human Services Commission shall destroy | ||
criminal history record information that is obtained under this | ||
section after the information is used for its authorized purpose. | ||
SECTION 29. Section 411.1106, Government Code, is amended | ||
by amending Subsections (b), (c), (d), and (e) and adding | ||
Subsections (b-1) and (f) to read as follows: | ||
(b) The executive commissioner of the commission, or the | ||
executive commissioner's designee, is entitled to obtain [ |
||
Subsection (b-1) [ |
||
person who is: | ||
(1) an applicant [ |
||
which the person, as an employee, contractor, or volunteer, would | ||
have access to sensitive personal or financial information, as | ||
determined by the executive commissioner, in: | ||
(A) the eligibility services division of the | ||
commission as established under Section 531.008; [ |
||
(B) the commission's office of inspector general | ||
as established by Section 531.008 and Subchapter C, Chapter 531; or | ||
(C) the regulatory division of the commission as | ||
established under Section 531.008; or | ||
(2) an employee of or a contractor or volunteer for the | ||
commission who has access to sensitive personal or financial | ||
information, as determined by the executive commissioner. | ||
(b-1) Subject to Section 411.087 and consistent with the | ||
public policy of this state, the commission is entitled to: | ||
(1) obtain through the Federal Bureau of Investigation | ||
criminal history record information maintained or indexed by that | ||
bureau that pertains to a person described by Subsection (b); and | ||
(2) obtain from the department or any other criminal | ||
justice agency in this state criminal history record information | ||
maintained by the department or that criminal justice agency that | ||
relates to a person described by Subsection (b). | ||
(c) The commission may not release or disclose to any person | ||
criminal history record information obtained from the Federal | ||
Bureau of Investigation under Subsection (b-1)(1). Criminal | ||
history record information obtained by the executive commissioner | ||
of the commission, or by the executive commissioner's designee, | ||
under Subsection (b-1)(2) [ |
||
except: | ||
(1) if the information is in a public record at the | ||
time the information is obtained; | ||
(2) on court order; | ||
(3) to a criminal justice agency, upon request; | ||
(4) with the consent of the person who is the subject | ||
of the criminal history record information; or | ||
(5) as provided by Subsection (d). | ||
(d) The commission is not prohibited from disclosing | ||
criminal history record information obtained under Subsection | ||
(b-1)(2) [ |
||
the commission. | ||
(e) The executive commissioner shall destroy [ |
||
history record information obtained under this section [ |
||
authorized purpose. | ||
(f) This section does not prohibit the commission from | ||
obtaining and using criminal history record information as provided | ||
by other law. | ||
SECTION 30. Section 411.1131, Government Code, is amended | ||
to read as follows: | ||
Sec. 411.1131. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: HEALTH AND HUMAN SERVICES COMMISSION. (a) The Health | ||
and Human Services Commission is entitled to obtain [ |
||
Subsection (a-1) [ |
||
person who is an applicant for a staff position at an outdoor | ||
training program for children who are deaf or hard of hearing | ||
conducted by a private entity through a contract with the Health and | ||
Human Services Commission in accordance with Section 81.013, Human | ||
Resources Code. | ||
(a-1) Subject to Section 411.087 and consistent with the | ||
public policy of this state, the Health and Human Services | ||
Commission is entitled to: | ||
(1) obtain through the Federal Bureau of Investigation | ||
criminal history record information maintained or indexed by that | ||
bureau that pertains to a person described by Subsection (a); and | ||
(2) obtain from the department or any other criminal | ||
justice agency in this state criminal history record information | ||
maintained by the department or that criminal justice agency that | ||
relates to a person described by Subsection (a). | ||
(b) Criminal history record information obtained by the | ||
Health and Human Services Commission under Subsection (a-1) [ |
||
may be used only to evaluate an applicant for a staff position at an | ||
outdoor training program for children who are deaf or hard of | ||
hearing. The Health and Human Services Commission may release or | ||
disclose the information obtained under Subsection (a-1)(2) to a | ||
private entity described by Subsection (a) for that purpose. | ||
(c) The Health and Human Services Commission may not release | ||
or disclose to any person criminal history record information | ||
obtained from the Federal Bureau of Investigation under Subsection | ||
(a-1)(1). The Health and Human Services Commission may not release | ||
or disclose information obtained under Subsection (a-1)(2) [ |
||
except as described by Subsection (b), on court order, or with the | ||
consent of the person who is the subject of the criminal history | ||
record information. | ||
(d) The Health and Human Services Commission[ |
||
destroy [ |
||
Subsection (a-1) [ |
||
authorized purpose. | ||
(e) This section does not prohibit the Health and Human | ||
Services Commission from obtaining and using criminal history | ||
record information as provided by other law. | ||
SECTION 31. Section 411.114(a), Government Code, is amended | ||
by amending Subdivisions (2), (3), (4), (6), and (7) and adding | ||
Subdivision (4-a) to read as follows: | ||
(2) The Department of Family and Protective Services | ||
or the Health and Human Services Commission, as applicable, shall | ||
obtain [ |
||
provided by Subdivision (4) [ |
||
relates to a person who is: | ||
(A) an applicant for a license, registration, | ||
certification, or listing under Chapter 42, Human Resources Code; | ||
(B) an owner, operator, or employee of or an | ||
applicant for employment by a child-care facility, child-placing | ||
agency, or family home licensed, registered, certified, or listed | ||
under Chapter 42, Human Resources Code; | ||
(C) a person 14 years of age or older who will be | ||
regularly or frequently working or staying in a facility or family | ||
home, other than a child in the care of the home or facility; | ||
(D) an applicant selected for a position with the | ||
Department of Family and Protective Services or the Health and | ||
Human Services Commission, the duties of which include direct | ||
delivery of protective services to children, elderly persons, or | ||
persons with a disability; | ||
(E) an employee of, an applicant for employment | ||
with, or a volunteer or an applicant volunteer with a business | ||
entity or person who [ |
||
and Protective Services or the Health and Human Services Commission | ||
to provide direct delivery of protective services to children, | ||
elderly persons, or persons with a disability, if the person's | ||
duties or responsibilities include direct contact with children, | ||
elderly persons, or persons with a disability; | ||
(F) a registered volunteer with the Department of | ||
Family and Protective Services or the Health and Human Services | ||
Commission; | ||
(G) a person providing or applying to provide | ||
in-home, adoptive, or foster care for children in the care of the | ||
Department of Family and Protective Services or the Health and | ||
Human Services Commission and other persons living in the residence | ||
in which the child will reside; | ||
(H) a Department of Family and Protective | ||
Services employee or a Health and Human Services Commission | ||
employee who is engaged in the direct delivery of protective | ||
services to children, elderly persons, or persons with a | ||
disability; | ||
(I) an alleged perpetrator in a report the | ||
Department of Family and Protective Services or the Health and | ||
Human Services Commission receives alleging that the person has | ||
abused, neglected, or exploited a child, an elderly person, or a | ||
person with a disability, provided that: | ||
(i) the report alleges the person has | ||
engaged in conduct that meets the applicable definition of abuse, | ||
neglect, or exploitation under Chapter 261, Family Code, or Chapter | ||
48, Human Resources Code; and | ||
(ii) the person is not also the victim of | ||
the alleged conduct; | ||
(J) a person providing child care for a child who | ||
is in the care of the Department of Family and Protective Services | ||
or the Health and Human Services Commission and who is or will be | ||
receiving adoptive, foster, or in-home care; | ||
(K) through a contract with a nonprofit | ||
management center, an employee of, an applicant for employment | ||
with, or a volunteer or an applicant volunteer with a nonprofit, | ||
tax-exempt organization that provides any service that involves the | ||
care of or access to a child, an elderly person, or a person with a | ||
disability; or | ||
(L) an applicant for a child-care administrator | ||
or child-placing agency administrator license under Chapter 43, | ||
Human Resources Code. | ||
(3) In addition to the criminal history record | ||
information the Department of Family and Protective Services or the | ||
Health and Human Services Commission is required to obtain under | ||
Subdivision (2), the Department of Family and Protective Services | ||
or the Health and Human Services Commission, as applicable, is | ||
entitled to obtain [ |
||
information as provided by Subdivision (4) [ |
||
(A) an applicant for a position with the | ||
Department of Family and Protective Services or the Health and | ||
Human Services Commission regardless of the duties of the position, | ||
including a position described by Subdivision (2)(D); | ||
(B) a Department of Family and Protective | ||
Services employee or a Health and Human Services Commission | ||
employee regardless of the duties of the employee's position, | ||
including an employee described by Subdivision (2)(H); | ||
(C) a volunteer or applicant volunteer with the | ||
Department of Family and Protective Services or the Health and | ||
Human Services Commission regardless of the duties to be performed, | ||
including a registered volunteer; | ||
(D) an employee of, an applicant for employment | ||
with, or a volunteer or an applicant volunteer with an entity or | ||
person who [ |
||
Protective Services or the Health and Human Services Commission, as | ||
applicable, and has access to confidential information in that | ||
department's or commission's records, if the employee, applicant, | ||
volunteer, or applicant volunteer has or will have access to that | ||
confidential information; | ||
(E) a person living in the residence in which the | ||
alleged victim of the report resides, including an alleged | ||
perpetrator in a report described by Subdivision (2)(I); | ||
(F) a person providing, at the request of the | ||
child's parent, in-home care for a child who is the subject of a | ||
report alleging the child has been abused or neglected; | ||
(G) a person providing, at the request of the | ||
child's parent, in-home care for a child only if the person gives | ||
written consent to the release and disclosure of the information; | ||
(H) a child who is related to the caretaker, as | ||
determined under Section 42.002, Human Resources Code, or any other | ||
person who resides in, is present in, or has unsupervised access to | ||
a child in the care of a facility or family home; | ||
(I) a relative of a child in the care of the | ||
Department of Family and Protective Services or the Health and | ||
Human Services Commission, as applicable, to the extent necessary | ||
to comply with Section 162.007, Family Code; | ||
(J) a person providing or applying to provide | ||
in-home, adoptive, or foster care for children to the extent | ||
necessary to comply with Subchapter B, Chapter 162, Family Code; | ||
(K) a person who volunteers to supervise | ||
visitation under Subchapter B, Chapter 263, Family Code; | ||
(L) an employee of or volunteer at, or an | ||
applicant for employment with or to be a volunteer at, an entity | ||
that provides supervised independent living services to a young | ||
adult receiving extended foster care services from the Department | ||
of Family and Protective Services or the Health and Human Services | ||
Commission, as applicable; | ||
(M) a person 14 years of age or older who will be | ||
regularly or frequently working or staying in a host home that is | ||
providing supervised independent living services to a young adult | ||
receiving extended foster care services from the Department of | ||
Family and Protective Services or the Health and Human Services | ||
Commission, as applicable; | ||
(N) a volunteer or applicant volunteer with a | ||
local affiliate in this state of Big Brothers Big Sisters of | ||
America; | ||
(O) a volunteer or applicant volunteer with an | ||
organization that provides court-appointed volunteer advocates for | ||
abused or neglected children; or | ||
(P) an employee, volunteer, or applicant | ||
volunteer of a children's advocacy center under Subchapter E, | ||
Chapter 264, Family Code, including a member of the governing board | ||
of a center. | ||
(4) Subject to Section 411.087 and consistent with the | ||
public policy of this state, the Department of Family and | ||
Protective Services and the Health and Human Services Commission | ||
are entitled to: | ||
(A) obtain through the Federal Bureau of | ||
Investigation criminal history record information maintained or | ||
indexed by that bureau that pertains to a person described by | ||
Subdivision (2) or (3); and | ||
(B) obtain from the department or any other | ||
criminal justice agency in this state criminal history record | ||
information maintained by the department or that criminal justice | ||
agency that relates to a person described by Subdivision (2) or (3). | ||
(4-a) Law enforcement entities shall expedite the | ||
furnishing of criminal history record [ |
||
under Subdivision (4)(B) to Department of Family and Protective | ||
Services workers or Health and Human Services Commission workers, | ||
as applicable, to ensure prompt criminal background checks for the | ||
safety of alleged victims and Department of Family and Protective | ||
Services workers or Health and Human Services Commission workers, | ||
as applicable. | ||
(6) The Department of Family and Protective Services | ||
or the Health and Human Services Commission, as applicable, may not | ||
release or disclose to any person criminal history record | ||
information obtained from the Federal Bureau of Investigation under | ||
Subdivision (4)(A). Criminal history record information obtained | ||
by the Department of Family and Protective Services or the Health | ||
and Human Services Commission under Subdivision (4)(B) [ |
||
(A) on court order; | ||
(B) with the consent of the person who is the | ||
subject of the criminal history record information; | ||
(C) for purposes of an administrative hearing | ||
held by the Department of Family and Protective Services or the | ||
Health and Human Services Commission, as applicable, concerning the | ||
person who is the subject of the criminal history record | ||
information; or | ||
(D) as provided by Subdivision (7). | ||
(7) Subject to Subdivision (8), the Department of | ||
Family and Protective Services or the Health and Human Services | ||
Commission, as applicable, is not prohibited from releasing | ||
criminal history record information obtained under Subdivision | ||
(4)(B) [ |
||
(A) the person who is the subject of the criminal | ||
history record information; | ||
(B) a child-placing agency listed in Subdivision | ||
(2) that is seeking to verify or approve a foster or adoptive home | ||
under procedures authorized by federal law; | ||
(C) an adult who resides with an alleged victim | ||
of abuse, neglect, or exploitation of a child, elderly person, or | ||
person with a disability and who also resides with the alleged | ||
perpetrator of that abuse, neglect, or exploitation if: | ||
(i) the alleged perpetrator is the subject | ||
of the criminal history record information; and | ||
(ii) the Department of Family and | ||
Protective Services or the Health and Human Services Commission, as | ||
applicable, determines that the release of information to the adult | ||
is necessary to ensure the safety or welfare of the alleged victim | ||
or the adult; or | ||
(D) an elderly person or a person with a | ||
disability who is an alleged victim of abuse, neglect, or | ||
exploitation and who resides with the alleged perpetrator of that | ||
abuse, neglect, or exploitation if: | ||
(i) the alleged perpetrator is the subject | ||
of the criminal history record information; and | ||
(ii) the Department of Family and | ||
Protective Services or the Health and Human Services Commission, as | ||
applicable, determines that the release of information to the | ||
person is necessary to ensure the safety or welfare of the person. | ||
SECTION 32. Section 411.114, Government Code, is amended by | ||
adding Subsection (d) to read as follows: | ||
(d) The Department of Family and Protective Services and the | ||
Health and Human Services Commission, as applicable, shall destroy | ||
criminal history record information that is obtained under this | ||
section after the information is used for its authorized purpose. | ||
SECTION 33. Section 411.1142, Government Code, is amended | ||
by amending Subsections (a), (b), and (d) and adding Subsections | ||
(a-1) and (f) to read as follows: | ||
(a) The Early Childhood Intervention program within the | ||
Health and Human Services Commission, as established by Chapter 73, | ||
Human Resources Code, is entitled to obtain criminal history record | ||
information as provided by Subsection (a-1) [ |
||
relates to a person: | ||
(1) who is an employee or an applicant for permanent, | ||
temporary, or consultative employment or for a volunteer position; | ||
and | ||
(2) [ |
||
employment or volunteer position with the program or a local | ||
provider involves the delivery of early childhood intervention | ||
services or involves direct interactions with or the opportunity to | ||
interact and associate with children. | ||
(a-1) Subject to Section 411.087 and consistent with the | ||
public policy of this state, the Health and Human Services | ||
Commission is entitled to: | ||
(1) obtain through the Federal Bureau of Investigation | ||
criminal history record information maintained or indexed by that | ||
bureau that pertains to a person who is described by Subsection (a); | ||
and | ||
(2) obtain from the department or any other criminal | ||
justice agency in this state criminal history record information | ||
maintained by the department or that criminal justice agency that | ||
relates to a person described by Subsection (a). | ||
(b) The Health and Human Services Commission may not release | ||
or disclose to any person criminal history record information | ||
obtained from the Federal Bureau of Investigation under Subsection | ||
(a-1)(1). Criminal history record information obtained by the | ||
Health and Human Services Commission under Subsection (a-1)(2) | ||
[ |
||
(1) on court order; | ||
(2) [ |
||
subject of the criminal history record information; [ |
||
(3) as provided by Subsection (d). | ||
(d) The Health and Human Services Commission may provide the | ||
applicant, employee, professional consultant, or volunteer with a | ||
copy of the person's criminal history record information obtained | ||
from the Department of Public Safety[ |
||
agency under Subsection (a-1)(2). | ||
(f) The Health and Human Services Commission shall destroy | ||
criminal history record information that is obtained under this | ||
section after the information is used for its authorized purpose. | ||
SECTION 34. Section 411.1143, Government Code, is amended | ||
to read as follows: | ||
Sec. 411.1143. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION; AGENCIES OPERATING PART OF MEDICAL ASSISTANCE | ||
PROGRAM. (a) The Health and Human Services Commission, an agency | ||
operating part of the medical assistance program under Chapter 32, | ||
Human Resources Code, or the office of inspector general | ||
established under Chapter 531, Government Code, is entitled to | ||
obtain [ |
||
information as provided by Subsection (a-2) [ |
||
program or a person applying to enroll as a provider under the | ||
medical assistance program. | ||
(a-1) Criminal history record information the Health and | ||
Human Services Commission [ |
||
general is authorized to obtain under Subsection (a) includes | ||
criminal history record information relating to: | ||
(1) a person with a direct or indirect ownership or | ||
control interest, as defined by 42 C.F.R. Section 455.101, in a | ||
provider of five percent or more; and | ||
(2) a person whose information is required to be | ||
disclosed in accordance with 42 C.F.R. Part 1001. | ||
(a-2) Subject to Section 411.087 and consistent with the | ||
public policy of this state, the Health and Human Services | ||
Commission and the office of inspector general are entitled to: | ||
(1) obtain through the Federal Bureau of Investigation | ||
criminal history record information maintained or indexed by that | ||
bureau that pertains to a person who is described by Subsection (a) | ||
or (a-1); and | ||
(2) obtain from the department or any other criminal | ||
justice agency in this state criminal history record information | ||
maintained by the department or that criminal justice agency that | ||
relates to a person described by Subsection (a) or (a-1). | ||
(b) The Health and Human Services Commission or the office | ||
of inspector general, as applicable, may not release or disclose to | ||
any person criminal history record information obtained from the | ||
Federal Bureau of Investigation under Subsection (a-2)(1). | ||
Criminal history record information obtained by the Health and | ||
Human Services Commission or the office of inspector general | ||
[ |
||
be released or disclosed to any person except in a criminal | ||
proceeding, in an administrative proceeding, on court order, or | ||
with the consent of the provider or applicant. | ||
(c) This section does not prohibit the Health and Human | ||
Services Commission or the office of inspector general from | ||
obtaining and using criminal history record information as provided | ||
by other law. | ||
(d) The Health and Human Services Commission and the office | ||
of inspector general shall destroy criminal history record | ||
information obtained under this section after the information is | ||
used for its authorized purpose. | ||
SECTION 35. Section 411.1144, Government Code, is amended | ||
to read as follows: | ||
Sec. 411.1144. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: HEALTH AND HUMAN SERVICES COMMISSION AND [ |
||
LIVING CENTERS. (a) The [ |
||
obtain [ |
||
provided by Subsection (d) [ |
||
relates to a person: | ||
(1) who is: | ||
(A) an applicant for employment with the Health | ||
and Human Services Commission [ |
||
(B) an employee of the Health and Human Services | ||
Commission [ |
||
(C) a volunteer with the Health and Human | ||
Services Commission [ |
||
(D) an applicant for a volunteer position with | ||
the Health and Human Services Commission [ |
||
(E) an applicant for a contract with the Health | ||
and Human Services Commission [ |
||
(F) a contractor of the Health and Human Services | ||
Commission [ |
||
(2) who would be placed in direct contact with a | ||
resident or client of a state supported living center, as defined by | ||
Section 555.001, Health and Safety Code. | ||
(b) The commission may not release or disclose to any person | ||
criminal history record information obtained from the Federal | ||
Bureau of Investigation under Subsection (d)(1). Criminal history | ||
record information obtained by the Health and Human Services | ||
Commission [ |
||
released or disclosed to any person except: | ||
(1) on court order; | ||
(2) with the consent of the person who is the subject | ||
of the criminal history record information; | ||
(3) for purposes of an administrative hearing held by | ||
the agency concerning the person who is the subject of the criminal | ||
history record information; or | ||
(4) as provided by Subsection (c). | ||
(c) The Health and Human Services Commission is prohibited | ||
from releasing criminal history record information obtained under | ||
Subsection (d)(1) to the person who is the subject of the criminal | ||
history record information. The Health and Human Services | ||
Commission [ |
||
history record information obtained under Subsection (d)(2) [ |
||
information. | ||
(d) Subject to Section 411.087 and consistent with the | ||
public policy of this state, the [ |
||
entitled to: | ||
(1) obtain through the Federal Bureau of Investigation | ||
criminal history record information maintained or indexed by that | ||
bureau that pertains to a person described by Subsection (a); and | ||
(2) obtain from the department or any other criminal | ||
justice agency in this state criminal history record information | ||
maintained by the department or that criminal justice agency that | ||
relates to a person described by Subsection (a). | ||
(e) This section does not prohibit the Health and Human | ||
Services Commission [ |
||
history record information as provided by other law. | ||
(f) The Health and Human Services Commission shall destroy | ||
criminal history record information obtained under this section | ||
after the information is used for its authorized purpose. | ||
SECTION 36. Section 411.115, Government Code, is amended by | ||
amending Subsections (b), (d), and (e) and adding Subsections (c) | ||
and (f) to read as follows: | ||
(b) The Department of State Health Services, the Health and | ||
Human Services Commission, a local mental health or intellectual | ||
and developmental disability authority, or a community center, as | ||
applicable, is entitled to obtain [ |
||
history record information as provided by Subsection (c) | ||
[ |
||
(1) who is: | ||
(A) an applicant for employment with the | ||
Department of State Health Services, the Health and Human Services | ||
Commission, a local mental health or intellectual and developmental | ||
disability authority, or a community center; | ||
(B) an employee of the Department of State Health | ||
Services, the Health and Human Services Commission, a local mental | ||
health or intellectual and developmental disability authority, or a | ||
community center; | ||
(C) an applicant for employment with or an | ||
employee of a business or person who [ |
||
Department of State Health Services, the Health and Human Services | ||
Commission, a local mental health or intellectual and developmental | ||
disability authority, or a community center to provide residential | ||
services to patients with mental illness or clients with an | ||
intellectual or developmental disability who were furloughed or | ||
discharged from a Department of State Health Services facility, a | ||
Health and Human Services Commission facility, or a community | ||
center, as applicable; | ||
(D) a volunteer with the Department of State | ||
Health Services, the Health and Human Services Commission, a local | ||
mental health or intellectual and developmental disability | ||
authority, or a community center; or | ||
(E) a volunteer applicant; and | ||
(2) who would be placed in direct contact with | ||
patients with mental illness or clients with an intellectual or | ||
developmental disability. | ||
(c) Subject to Section 411.087 and consistent with the | ||
public policy of this state, the Department of State Health | ||
Services, the Health and Human Services Commission, a local mental | ||
health or intellectual and developmental disability authority, or a | ||
community center, as applicable, is entitled to: | ||
(1) obtain through the Federal Bureau of Investigation | ||
criminal history record information maintained or indexed by that | ||
bureau that pertains to a person who is described by Subsection (b); | ||
and | ||
(2) obtain from the department or any other criminal | ||
justice agency in this state criminal history record information | ||
maintained by the department or that criminal justice agency that | ||
relates to a person described by Subsection (b). | ||
(d) The Department of State Health Services, the Health and | ||
Human Services Commission, a local mental health or intellectual | ||
and developmental disability authority, or a community center, as | ||
applicable, may not release or disclose to any person criminal | ||
history record information obtained from the Federal Bureau of | ||
Investigation under Subsection (c)(1). Criminal history record | ||
information obtained by the Department of State Health Services, | ||
the Health and Human Services Commission, a local mental health or | ||
intellectual and developmental disability authority, or a | ||
community center, as applicable, under Subsection (c)(2) [ |
||
not be released or disclosed to a person, other than the contractor | ||
that employs the person who is the subject of the criminal history | ||
record information, except on court order or with the consent of the | ||
person who is the subject of the criminal history record | ||
information. | ||
(e) The Department of State Health Services, the Health and | ||
Human Services Commission, a local mental health or intellectual | ||
and developmental disability authority, or a community center, as | ||
applicable, shall [ |
||
information obtained under this section after the information is | ||
used for its authorized purpose [ |
||
(f) This section does not prohibit the Department of State | ||
Health Services, the Health and Human Services Commission, a local | ||
mental health or intellectual and developmental disability | ||
authority, or a community center, as applicable, from obtaining and | ||
using criminal history record information as provided by other law. | ||
SECTION 37. Subchapter F, Chapter 411, Government Code, is | ||
amended by adding Section 411.1161 to read as follows: | ||
Sec. 411.1161. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: HEALTH AND HUMAN SERVICES COMMISSION AND NURSE AIDE | ||
CERTIFICATION, MEDICATION AIDE PERMIT, AND NURSING FACILITY | ||
ADMINISTRATOR LICENSE. (a) The Health and Human Services | ||
Commission is entitled to obtain criminal history record | ||
information as provided by Subsection (b) that relates to a person | ||
who is an initial or renewal applicant for: | ||
(1) a nurse aide certification with inclusion in the | ||
nurse aide registry established under Chapter 250, Health and | ||
Safety Code; | ||
(2) a medication aide permit issued under Chapter 142, | ||
Health and Safety Code; or | ||
(3) a nursing facility administrator license issued | ||
under Chapter 242, Health and Safety Code. | ||
(b) Subject to Section 411.087 and consistent with the | ||
public policy of this state, the Health and Human Services | ||
Commission is entitled to: | ||
(1) obtain through the Federal Bureau of Investigation | ||
criminal history record information maintained or indexed by that | ||
bureau that pertains to a person described by Subsection (a); and | ||
(2) obtain from the department or any other criminal | ||
justice agency in this state criminal history record information | ||
maintained by the department or that criminal justice agency that | ||
relates to a person described by Subsection (a). | ||
(c) The Health and Human Services Commission may not release | ||
or disclose to any person criminal history record information | ||
obtained from the Federal Bureau of Investigation under Subsection | ||
(b)(1). Criminal history record information obtained by the Health | ||
and Human Services Commission under Subsection (b)(2) may not be | ||
released or disclosed to any person except: | ||
(1) on court order; | ||
(2) with the consent of the person who is the subject | ||
of the criminal history record information; | ||
(3) for purposes of an administrative hearing held by | ||
the Health and Human Services Commission concerning the person who | ||
is the subject of the criminal history record information; or | ||
(4) as provided by Subsection (d). | ||
(d) The Health and Human Services Commission is not | ||
prohibited from releasing criminal history record information | ||
obtained under Subsection (b)(2) to the person who is the subject of | ||
the criminal history record information. | ||
(e) This section does not prohibit the Health and Human | ||
Services Commission from obtaining and using criminal history | ||
record information as provided by other law. | ||
(f) The Health and Human Services Commission shall destroy | ||
criminal history record information that is obtained under this | ||
section after the information is used for its authorized purpose. | ||
SECTION 38. Section 411.122(d), Government Code, as amended | ||
by Chapters 684 (S.B. 2200), 768 (H.B. 1501), and 1232 (H.B. 1523), | ||
Acts of the 86th Legislature, Regular Session, 2019, is reenacted | ||
and amended to read as follows: | ||
(d) The following state agencies are subject to this | ||
section: | ||
(1) Texas Appraiser Licensing and Certification | ||
Board; | ||
(2) Texas Board of Architectural Examiners; | ||
(3) Texas Board of Chiropractic Examiners; | ||
(4) State Board of Dental Examiners; | ||
(5) Texas Board of Professional Engineers and Land | ||
Surveyors; | ||
(6) Texas Funeral Service Commission; | ||
(7) Texas Board of Professional Geoscientists; | ||
(8) Health and Human Services Commission, except as | ||
provided by Section 411.110, and agencies attached to the | ||
commission; | ||
(9) Texas Department of Licensing and Regulation[ |
||
(10) Texas Commission on Environmental Quality; | ||
(11) Executive Council [ |
||
Therapy and Occupational Therapy Examiners; | ||
(12) Texas Optometry Board; | ||
(13) Texas State Board of Pharmacy; | ||
(14) [ |
||
[ |
||
(15) [ |
||
Psychologists; | ||
(16) [ |
||
(17) [ |
||
(18) [ |
||
Examiners; | ||
(19) [ |
||
Affairs; | ||
(20) [ |
||
(21) [ |
||
(22) [ |
||
(23) [ |
||
(24) [ |
||
SECTION 39. Section 411.125, Government Code, is amended to | ||
read as follows: | ||
Sec. 411.125. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: TEXAS BOARD OF NURSING. (a) The Texas Board of | ||
Nursing is entitled to obtain [ |
||
history record information as provided by Subsection (b) | ||
[ |
||
(1) is an applicant for vocational, registered, or | ||
advanced practice registered nurse licensure, or the holder of a | ||
license issued by the board; | ||
(2) has requested a determination of eligibility for a | ||
license from the board; [ |
||
(3) is subject to investigation by the board in | ||
connection with a complaint or formal charge against the person; or | ||
(4) is accepted for enrollment in a nursing education | ||
program that prepares the person for licensure as a vocational, | ||
registered, or advanced practice registered nurse. | ||
(b) Subject to Section 411.087 and consistent with the | ||
public policy of this state, the Texas Board of Nursing is entitled | ||
to: | ||
(1) obtain through the Federal Bureau of Investigation | ||
criminal history record information maintained or indexed by that | ||
bureau that pertains to a person described by Subsection (a); and | ||
(2) obtain from the department or any other criminal | ||
justice agency in this state criminal history record information | ||
maintained by the department or that criminal justice agency that | ||
relates to a person described by Subsection (a). | ||
(c) The Texas Board of Nursing may not release or disclose | ||
to any person criminal history record information obtained from the | ||
Federal Bureau of Investigation under Subsection (b)(1). Criminal | ||
history record information obtained by the Texas Board of Nursing | ||
under Subsection (b)(2) may not be released or disclosed to any | ||
person except: | ||
(1) as required under a court order; | ||
(2) to a nursing board that is a member of the nurse | ||
licensure compact under Chapter 304, Occupations Code; | ||
(3) with the written consent of the person who is the | ||
subject of the criminal history record information; or | ||
(4) as provided by Subsection (d). | ||
(d) The Texas Board of Nursing is not prohibited from | ||
disclosing criminal history record information obtained under | ||
Subsection (b)(2) in a criminal proceeding, in a contested case | ||
proceeding conducted by the State Office of Administrative | ||
Hearings, or as part of an appeal of a contested case proceeding. | ||
(e) Criminal history record information obtained by the | ||
Texas Board of Nursing shall be destroyed by the agency after a | ||
final determination is made and all appeals are concluded in the | ||
matter for which the information was obtained. | ||
SECTION 40. Subchapter F, Chapter 411, Government Code, is | ||
amended by adding Section 411.12501 to read as follows: | ||
Sec. 411.12501. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION OF FEDERAL BUREAU OF INVESTIGATION: TEXAS ALCOHOLIC | ||
BEVERAGE COMMISSION. (a) Subject to Section 411.087 and Public Law | ||
92-544, the Texas Alcoholic Beverage Commission is authorized to | ||
obtain and use criminal history record information maintained or | ||
indexed by the Federal Bureau of Investigation that relates to a | ||
person who is an applicant for or holds a license, permit, or | ||
certificate under the Texas Alcoholic Beverage Code. | ||
(b) This section does not limit the commission's ability to | ||
obtain criminal history record information for criminal justice | ||
purposes or as authorized by other law. | ||
(c) The commission may require any person for whom the | ||
commission is authorized to obtain and use criminal history record | ||
information under Subsection (a) to submit a complete and legible | ||
set of fingerprints to the commission on a form prescribed by the | ||
commission for the purpose of obtaining criminal history record | ||
information. | ||
SECTION 41. Subchapter F, Chapter 411, Government Code, is | ||
amended by adding Section 411.12502 to read as follows: | ||
Sec. 411.12502. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL. (a) The | ||
Texas Behavioral Health Executive Council is entitled to obtain | ||
criminal history record information as provided by Subsection (b) | ||
that relates to a person who is an applicant for or licensed as: | ||
(1) a licensed psychologist, licensed psychological | ||
associate, or licensed specialist in school psychology under | ||
Chapter 501, Occupations Code; | ||
(2) a licensed marriage and family therapist or | ||
licensed marriage and family therapist associate under Chapter 502, | ||
Occupations Code; | ||
(3) a licensed professional counselor or licensed | ||
professional counselor associate under Chapter 503, Occupations | ||
Code; or | ||
(4) a licensed baccalaureate social worker, licensed | ||
master social worker, or licensed clinical social worker under | ||
Chapter 505, Occupations Code. | ||
(b) Subject to Section 411.087 and consistent with the | ||
public policy of this state, the Texas Behavioral Health Executive | ||
Council is entitled to: | ||
(1) obtain through the Federal Bureau of Investigation | ||
criminal history record information maintained or indexed by that | ||
bureau that pertains to a person described by Subsection (a); and | ||
(2) obtain from the department or any other criminal | ||
justice agency in this state criminal history record information | ||
maintained by the department or that criminal justice agency that | ||
relates to a person described by Subsection (a). | ||
(c) The Texas Behavioral Health Executive Council may not | ||
release or disclose to any person criminal history record | ||
information obtained from the Federal Bureau of Investigation under | ||
Subsection (b)(1). Criminal history record information obtained by | ||
the executive council under Subsection (b)(2) may not be released | ||
or disclosed to any person except on court order, with the written | ||
consent of the person who is the subject of the criminal history | ||
record information, or as provided by Subsection (d). | ||
(d) The Texas Behavioral Health Executive Council is not | ||
prohibited from disclosing criminal history record information | ||
obtained under Subsection (b)(2) in a criminal proceeding or in a | ||
hearing conducted by the executive council or the State Office of | ||
Administrative Hearings. | ||
(e) The Texas Behavioral Health Executive Council shall | ||
destroy criminal history record information that is obtained under | ||
this section after the information is used for its authorized | ||
purpose. | ||
SECTION 42. Subchapter F, Chapter 411, Government Code, is | ||
amended by adding Section 411.12503 to read as follows: | ||
Sec. 411.12503. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: TEXAS BOARD OF CHIROPRACTIC EXAMINERS. (a) The Texas | ||
Board of Chiropractic Examiners is entitled to obtain criminal | ||
history record information as provided by Subsection (b) that | ||
relates to: | ||
(1) a person who is an applicant for a license or | ||
registration under Chapter 201, Occupations Code; or | ||
(2) the holder of a license or registration under | ||
Chapter 201, Occupations Code. | ||
(b) Subject to Section 411.087 and consistent with the | ||
public policy of this state, the Texas Board of Chiropractic | ||
Examiners is entitled to: | ||
(1) obtain through the Federal Bureau of Investigation | ||
criminal history record information maintained or indexed by that | ||
bureau that pertains to a person described by Subsection (a); and | ||
(2) obtain from the department or any other criminal | ||
justice agency in this state criminal history record information | ||
maintained by the department or that criminal justice agency that | ||
relates to a person described by Subsection (a). | ||
(c) The Texas Board of Chiropractic Examiners may not | ||
release or disclose to any person criminal history record | ||
information obtained from the Federal Bureau of Investigation under | ||
Subsection (b)(1). Criminal history record information obtained by | ||
the Texas Board of Chiropractic Examiners under Subsection (b)(2) | ||
may not be released or disclosed to any person except on court | ||
order, with the written consent of the person who is the subject of | ||
the criminal history record information, or as provided by | ||
Subsection (d). | ||
(d) The Texas Board of Chiropractic Examiners is not | ||
prohibited from disclosing criminal history record information | ||
obtained under Subsection (b)(2) in a criminal proceeding or in a | ||
hearing conducted under the authority of the Texas Board of | ||
Chiropractic Examiners. | ||
(e) The Texas Board of Chiropractic Examiners shall destroy | ||
criminal history record information that is obtained under this | ||
section after the information is used for its authorized purpose. | ||
SECTION 43. Subchapter F, Chapter 411, Government Code, is | ||
amended by adding Section 411.12504 to read as follows: | ||
Sec. 411.12504. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: STATE BOARD OF DENTAL EXAMINERS. (a) The State Board | ||
of Dental Examiners is entitled to obtain criminal history record | ||
information as provided by Subsection (b) that relates to a person | ||
who: | ||
(1) is an applicant for a license, certificate, | ||
registration, permit, or other authorization under Subtitle D, | ||
Title 3, Occupations Code; | ||
(2) is the holder of a license, certificate, | ||
registration, permit, or other authorization under that subtitle; | ||
(3) requests a determination of eligibility for a | ||
license, certificate, registration, permit, or other authorization | ||
from the State Board of Dental Examiners; or | ||
(4) is an applicant for employment at or current | ||
employee of the State Board of Dental Examiners. | ||
(b) Subject to Section 411.087 and consistent with the | ||
public policy of this state, the State Board of Dental Examiners is | ||
entitled to: | ||
(1) obtain through the Federal Bureau of Investigation | ||
criminal history record information maintained or indexed by that | ||
bureau that pertains to a person described by Subsection (a); and | ||
(2) obtain from the department or any other criminal | ||
justice agency in this state criminal history record information | ||
maintained by the department or that criminal justice agency that | ||
relates to a person described by Subsection (a). | ||
(c) The State Board of Dental Examiners may not release or | ||
disclose to any person criminal history record information obtained | ||
from the Federal Bureau of Investigation under Subsection (b)(1). | ||
Criminal history record information obtained by the State Board of | ||
Dental Examiners under Subsection (b)(2) may not be released or | ||
disclosed to any person except on court order, with the written | ||
consent of the person who is the subject of the criminal history | ||
record information, or as provided by Subsection (d). | ||
(d) The State Board of Dental Examiners is not prohibited | ||
from disclosing criminal history record information obtained under | ||
Subsection (b)(2) in a criminal proceeding or in a hearing | ||
conducted by the State Board of Dental Examiners or the State Office | ||
of Administrative Hearings. | ||
(e) The State Board of Dental Examiners shall destroy | ||
criminal history record information obtained under this section | ||
after a final determination is made in the matter for which the | ||
information was obtained. | ||
SECTION 44. Subchapter F, Chapter 411, Government Code, is | ||
amended by adding Section 411.12505 to read as follows: | ||
Sec. 411.12505. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: QUALIFIED SCHOOL CONTRACTORS. (a) In this section, | ||
"qualified school contractor" means an entity that: | ||
(1) contracts or subcontracts to provide services to a | ||
school district, charter school, or shared services arrangement; | ||
and | ||
(2) is determined eligible by the department to obtain | ||
criminal history record information under the National Child | ||
Protection Act of 1993 (34 U.S.C. Section 40101 et seq.) for an | ||
employee, applicant for employment, or volunteer of the qualified | ||
school contractor. | ||
(b) A qualified school contractor is entitled to obtain from | ||
the department or any other criminal justice agency in this state | ||
criminal history record information maintained by the department or | ||
that criminal justice agency that relates to a person described by | ||
Subsection (a)(2). | ||
(c) Criminal history record information obtained by a | ||
qualified school contractor under Subsection (b) in the original | ||
form or any subsequent form: | ||
(1) may not be released to any person except: | ||
(A) to the person who is the subject of the | ||
information; | ||
(B) with the consent of the person who is the | ||
subject of the information; | ||
(C) by court order; or | ||
(D) except as provided by Subsection (d); and | ||
(2) is not subject to disclosure as provided by | ||
Chapter 552. | ||
(d) A qualified school contractor may provide a fitness | ||
determination based on criminal history record information | ||
obtained under this section to a school district, charter school, | ||
or shared services arrangement. | ||
(e) A qualified school contractor shall destroy criminal | ||
history record information that is obtained under this section | ||
after the information is used for its authorized purpose. | ||
(f) The department in coordination with the commissioner of | ||
education may adopt rules necessary to implement this section. | ||
SECTION 45. Subchapter F, Chapter 411, Government Code, is | ||
amended by adding Section 411.12506 to read as follows: | ||
Sec. 411.12506. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: TEXAS COMMISSION ON ENVIRONMENTAL QUALITY. (a) The | ||
Texas Commission on Environmental Quality is entitled to obtain | ||
criminal history record information as provided by Subsection (b) | ||
that relates to a person who: | ||
(1) is an applicant for a license, permit, or | ||
registration under: | ||
(A) Chapters 341, 361, and 366, Health and Safety | ||
Code; | ||
(B) Chapter 1903, Occupations Code; or | ||
(C) Chapters 26 and 37, Water Code; | ||
(2) is the holder of a license, permit, or | ||
registration under a provision listed in Subdivision (1); or | ||
(3) requests a determination of eligibility for a | ||
license, permit, or registration from the agency under a provision | ||
listed in Subdivision (1). | ||
(b) Subject to Section 411.087 and consistent with the | ||
public policy of this state, the Texas Commission on Environmental | ||
Quality is entitled to: | ||
(1) obtain through the Federal Bureau of Investigation | ||
criminal history record information maintained or indexed by that | ||
bureau that pertains to a person described by Subsection (a); and | ||
(2) obtain from the department or any other criminal | ||
justice agency in this state criminal history record information | ||
maintained by the department or that criminal justice agency that | ||
relates to a person described by Subsection (a). | ||
(c) The Texas Commission on Environmental Quality may not | ||
release or disclose to any person criminal history record | ||
information obtained from the Federal Bureau of Investigation under | ||
Subsection (b)(1). Criminal history record information obtained by | ||
the Texas Commission on Environmental Quality under Subsection | ||
(b)(2) may not be released or disclosed to any person except on | ||
court order, with the written consent of the person who is the | ||
subject of the criminal history record information, or as provided | ||
by Subsection (d). | ||
(d) The Texas Commission on Environmental Quality is not | ||
prohibited from disclosing criminal history record information | ||
obtained under Subsection (b)(2) in a criminal proceeding or in an | ||
administrative proceeding conducted by the Texas Commission on | ||
Environmental Quality or the State Office of Administrative | ||
Hearings. | ||
(e) The Texas Commission on Environmental Quality shall | ||
destroy criminal history record information that is obtained under | ||
this section after the information is used for its authorized | ||
purpose. | ||
SECTION 46. Subchapter F, Chapter 411, Government Code, is | ||
amended by adding Section 411.12507 to read as follows: | ||
Sec. 411.12507. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: TEXAS FUNERAL SERVICE COMMISSION. (a) The Texas | ||
Funeral Service Commission is entitled to obtain criminal history | ||
record information as provided by Subsection (b) that relates to: | ||
(1) a person who is: | ||
(A) an applicant for a license or certificate | ||
under Sections 651.259 and 651.302, Occupations Code; or | ||
(B) the holder of a license or certificate under | ||
Chapter 651, Occupations Code; | ||
(2) an applicant for a license or a license holder | ||
under Chapter 651, Occupations Code; | ||
(3) an applicant for employment at or current employee | ||
of the Texas Funeral Service Commission; or | ||
(4) a person authorized to access vital records or the | ||
vital records electronic registration system under Chapter 191, | ||
Health and Safety Code, or a funeral director. | ||
(b) Subject to Section 411.087 and consistent with the | ||
public policy of this state, the Texas Funeral Service Commission | ||
is entitled to: | ||
(1) obtain through the Federal Bureau of Investigation | ||
criminal history record information maintained or indexed by that | ||
bureau that pertains to a person described by Subsection (a); and | ||
(2) obtain from the department or any other criminal | ||
justice agency in this state criminal history record information | ||
maintained by the department or that criminal justice agency that | ||
relates to a person described by Subsection (a). | ||
(c) The Texas Funeral Service Commission may not release or | ||
disclose to any person criminal history record information obtained | ||
from the Federal Bureau of Investigation under Subsection (b)(1). | ||
Criminal history record information obtained by the Texas Funeral | ||
Service Commission under Subsection (b)(2) may not be released or | ||
disclosed to any person except on court order, with the written | ||
consent of the person who is the subject of the criminal history | ||
record information, or as provided by Subsection (d). | ||
(d) The Texas Funeral Service Commission is not prohibited | ||
from disclosing criminal history record information obtained under | ||
Subsection (b)(2) in a criminal proceeding or in a hearing | ||
conducted by the Texas Funeral Service Commission. | ||
(e) The Texas Funeral Service Commission may not consider | ||
offenses described by Section 542.304, Transportation Code, to | ||
determine whether to hire or retain an employee or to contract with | ||
a person on whom criminal history record information is obtained | ||
under this section. | ||
(f) The Texas Funeral Service Commission shall destroy | ||
criminal history record information that is obtained under this | ||
section after the information is used for its authorized purpose. | ||
SECTION 47. Subchapter F, Chapter 411, Government Code, is | ||
amended by adding Section 411.12508 to read as follows: | ||
Sec. 411.12508. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: MANUFACTURED HOUSING DIVISION. (a) The manufactured | ||
housing division of the Texas Department of Housing and Community | ||
Affairs is entitled to obtain criminal history record information | ||
as provided by Subsection (b) that relates to a person who is: | ||
(1) an applicant for or holder of a license under | ||
Chapter 1201, Occupations Code; or | ||
(2) an owner, officer, or related person or manager of | ||
a person described by Subdivision (1). | ||
(b) Subject to Section 411.087 of this code and Chapter | ||
1201, Occupations Code, and consistent with the public policy of | ||
this state, the manufactured housing division is entitled to: | ||
(1) obtain through the Federal Bureau of Investigation | ||
criminal history record information maintained or indexed by that | ||
bureau that pertains to a person described by Subsection (a); and | ||
(2) obtain from the department or any other criminal | ||
justice agency in this state criminal history record information | ||
maintained by the department or that criminal justice agency that | ||
relates to a person described by Subsection (a). | ||
(c) The manufactured housing division may not release or | ||
disclose to any person criminal history record information obtained | ||
from the Federal Bureau of Investigation under Subsection (b)(1). | ||
Criminal history record information obtained by the manufactured | ||
housing division under Subsection (b)(2) may not be released or | ||
disclosed to any person except on court order, with the written | ||
consent of the person who is the subject of the criminal history | ||
record information, or as provided by Subsection (d). | ||
(d) The manufactured housing division is not prohibited | ||
from disclosing criminal history record information obtained under | ||
Subsection (b)(2) in a criminal proceeding or in a hearing | ||
conducted by the manufactured housing division. Certified public | ||
documents that contain criminal history record information | ||
described by Subsection (b)(2) but that the division does not | ||
obtain under that subdivision may be used in a criminal or civil | ||
proceeding or in a hearing conducted by the manufactured housing | ||
division. | ||
(e) The manufactured housing division shall destroy | ||
criminal history record information that is obtained under this | ||
section after the information is used for its authorized purpose. | ||
SECTION 48. Subchapter F, Chapter 411, Government Code, is | ||
amended by adding Section 411.12509 to read as follows: | ||
Sec. 411.12509. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: STATE FIRE MARSHAL. (a) The state fire marshal is | ||
entitled to obtain criminal history record information as provided | ||
by Subsection (b) that relates to a person who is an applicant for a | ||
license issued by the state fire marshal. | ||
(b) Subject to Section 411.087 and consistent with the | ||
public policy of this state, the state fire marshal is entitled to: | ||
(1) obtain through the Federal Bureau of Investigation | ||
criminal history record information maintained or indexed by that | ||
bureau that pertains to a person described by Subsection (a); and | ||
(2) obtain from the department or any other criminal | ||
justice agency in this state criminal history record information | ||
maintained by the department or that criminal justice agency that | ||
relates to a person described by Subsection (a). | ||
(c) The state fire marshal may not release or disclose to | ||
any person criminal history record information obtained from the | ||
Federal Bureau of Investigation under Subsection (b)(1). Criminal | ||
history record information obtained by the state fire marshal under | ||
Subsection (b)(2) may not be disclosed or released to any person | ||
except on court order, with the written consent of the person who is | ||
the subject of the criminal history record information, or as | ||
provided by Subsection (d). | ||
(d) The state fire marshal is not prohibited from disclosing | ||
criminal history record information obtained under Subsection | ||
(b)(2) in a criminal proceeding or in a hearing conducted by the | ||
state fire marshal. | ||
(e) The state fire marshal shall destroy criminal history | ||
record information that is obtained under this section after the | ||
information is used for its authorized purpose. | ||
SECTION 49. Subchapter F, Chapter 411, Government Code, is | ||
amended by adding Section 411.12510 to read as follows: | ||
Sec. 411.12510. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: TEXAS MEDICAL BOARD. (a) The Texas Medical Board is | ||
entitled to obtain criminal history record information as provided | ||
by Subsection (b) that relates to a person who is: | ||
(1) an applicant for or holder of a license to practice | ||
medicine; | ||
(2) an applicant for or holder of a license to practice | ||
as a physician assistant; | ||
(3) an applicant for or holder of a license to practice | ||
as an acupuncturist; | ||
(4) an applicant for or holder of a certificate to | ||
practice as an acudetox specialist; | ||
(5) an applicant for or holder of a license to practice | ||
as a surgical assistant; | ||
(6) an applicant for or holder of a general | ||
certificate to perform radiologic procedures, limited certificate | ||
to perform radiologic procedures only on specific parts of the | ||
body, or radiologist assistant certificate; | ||
(7) an applicant for or holder of a placement on the | ||
registry of noncertified technicians; | ||
(8) an employee of an applicant for a hardship | ||
exemption; | ||
(9) an applicant for or holder of a license to practice | ||
as a medical physicist; | ||
(10) an applicant for or holder of a license to | ||
practice as a perfusionist; | ||
(11) an applicant for or holder of a license to | ||
practice as a respiratory care practitioner; and | ||
(12) an applicant for or holder of a pain management | ||
clinic certificate. | ||
(b) Subject to Section 411.087 and consistent with the | ||
public policy of this state, the Texas Medical Board is entitled to: | ||
(1) obtain through the Federal Bureau of Investigation | ||
criminal history record information maintained or indexed by that | ||
bureau that pertains to a person described by Subsection (a); and | ||
(2) obtain from the department or any other criminal | ||
justice agency in this state criminal history record information | ||
maintained by the department or that criminal justice agency that | ||
relates to a person described by Subsection (a). | ||
(c) The Texas Medical Board may not release or disclose to | ||
any person criminal history record information obtained from the | ||
Federal Bureau of Investigation under Subsection (b)(1). Criminal | ||
history record information obtained by the Texas Medical Board | ||
under Subsection (b)(2) may not be released or disclosed to any | ||
person, except as provided by Subsection (d). | ||
(d) The Texas Medical Board is not prohibited from | ||
disclosing criminal history record information obtained under | ||
Subsection (b)(2) in a hearing conducted by the Texas Medical Board | ||
or its advisory boards. | ||
(e) The Texas Medical Board shall destroy criminal history | ||
record information that is obtained under this section after the | ||
information is used for its authorized purpose. | ||
SECTION 50. Subchapter F, Chapter 411, Government Code, is | ||
amended by adding Section 411.12511 to read as follows: | ||
Sec. 411.12511. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: TEXAS DEPARTMENT OF MOTOR VEHICLES. (a) The Texas | ||
Department of Motor Vehicles is entitled to obtain criminal history | ||
record information as provided by Subsection (b) that relates to a | ||
person: | ||
(1) who is an applicant for or holds a general | ||
distinguishing number under Chapter 503, Transportation Code; | ||
(2) who is an applicant for or holds a license under | ||
Chapter 2301 or 2302, Occupations Code; or | ||
(3) who is an officer, director, member, manager, | ||
principal, partner, trustee, or other person acting in a | ||
representative capacity for an applicant, general distinguishing | ||
number holder, or license holder and whose act or omission would be | ||
cause for denying, revoking, or suspending a general distinguishing | ||
number or license issued under Chapter 503, Transportation Code, or | ||
Chapter 2301 or 2302, Occupations Code. | ||
(b) Subject to Section 411.087 and consistent with the | ||
public policy of this state, the Texas Department of Motor Vehicles | ||
is entitled to: | ||
(1) obtain through the Federal Bureau of Investigation | ||
criminal history record information maintained or indexed by that | ||
bureau that pertains to a person described by Subsection (a); and | ||
(2) obtain from the department or any other criminal | ||
justice agency in this state criminal history record information | ||
maintained by the department or that criminal justice agency that | ||
relates to a person described by Subsection (a). | ||
(c) The Texas Department of Motor Vehicles may not release | ||
or disclose to any person criminal history record information | ||
obtained from the Federal Bureau of Investigation under Subsection | ||
(b)(1). Criminal history record information obtained by the Texas | ||
Department of Motor Vehicles under Subsection (b)(2) may not be | ||
released or disclosed to any person except on court order, with the | ||
written consent of the person who is the subject of the criminal | ||
history record information, or as provided by Subsection (d). | ||
(d) The Texas Department of Motor Vehicles is not prohibited | ||
from disclosing criminal history record information obtained under | ||
Subsection (b)(2) in a criminal proceeding or in a hearing in which | ||
the Texas Department of Motor Vehicles is a party. | ||
(e) The Texas Department of Motor Vehicles shall destroy | ||
criminal history record information that is obtained under this | ||
section after the information is used for its authorized purpose. | ||
SECTION 51. Subchapter F, Chapter 411, Government Code, is | ||
amended by adding Section 411.12512 to read as follows: | ||
Sec. 411.12512. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: TEXAS OPTOMETRY BOARD. (a) The Texas Optometry Board | ||
is entitled to obtain criminal history record information as | ||
provided by Subsection (b) that relates to a person who is: | ||
(1) an applicant for a license under Section 351.251, | ||
Occupations Code; or | ||
(2) the holder of a license under Section 351.302, | ||
Occupations Code. | ||
(b) Subject to Section 411.087 of this code and Sections | ||
351.2525 and 351.3045, Occupations Code, and consistent with the | ||
public policy of this state, the Texas Optometry Board is entitled | ||
to: | ||
(1) obtain through the Federal Bureau of Investigation | ||
criminal history record information maintained or indexed by that | ||
bureau that pertains to a person described by Subsection (a); and | ||
(2) obtain from the department or any other criminal | ||
justice agency in this state criminal history record information | ||
maintained by the department or that criminal justice agency that | ||
relates to a person described by Subsection (a). | ||
(c) The Texas Optometry Board may not release or disclose to | ||
any person criminal history record information obtained from the | ||
Federal Bureau of Investigation under Subsection (b)(1). Criminal | ||
history record information obtained by the Texas Optometry Board | ||
under Subsection (b)(2) may not be released or disclosed to any | ||
person except on court order, with the written consent of the person | ||
who is the subject of the criminal history record information, or as | ||
provided by Subsection (d). | ||
(d) The Texas Optometry Board is not prohibited from | ||
disclosing criminal history record information obtained under | ||
Subsection (b)(2) in a criminal proceeding or in a hearing | ||
conducted by the Texas Optometry Board. | ||
(e) The Texas Optometry Board shall destroy criminal | ||
history record information that is obtained under this section | ||
after the information is used for its authorized purpose. | ||
SECTION 52. Subchapter F, Chapter 411, Government Code, is | ||
amended by adding Section 411.12513 to read as follows: | ||
Sec. 411.12513. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND | ||
OCCUPATIONAL THERAPY EXAMINERS. (a) The Executive Council of | ||
Physical Therapy and Occupational Therapy Examiners is entitled to | ||
obtain criminal history record information as provided by | ||
Subsection (b) that relates to a person who is: | ||
(1) an applicant for or the holder of a physical | ||
therapist or physical therapist assistant license under Chapter | ||
453, Occupations Code; or | ||
(2) an applicant for or the holder of an occupational | ||
therapist or occupational therapy assistant license under Chapter | ||
454, Occupations Code. | ||
(b) Subject to Section 411.087 and consistent with the | ||
public policy of this state, the Executive Council of Physical | ||
Therapy and Occupational Therapy Examiners is entitled to: | ||
(1) obtain through the Federal Bureau of Investigation | ||
criminal history record information maintained or indexed by that | ||
bureau that pertains to a person described by Subsection (a); and | ||
(2) obtain from the department or any other criminal | ||
justice agency in this state criminal history record information | ||
maintained by the department or that criminal justice agency that | ||
relates to a person described by Subsection (a). | ||
(c) The Executive Council of Physical Therapy and | ||
Occupational Therapy Examiners may not release or disclose to any | ||
person criminal history record information obtained from the | ||
Federal Bureau of Investigation under Subsection (b)(1). Criminal | ||
history record information obtained by the Executive Council of | ||
Physical Therapy and Occupational Therapy Examiners under | ||
Subsection (b)(2) may not be released or disclosed to any person | ||
except on court order, with the written consent of the person who is | ||
the subject of the criminal history record information, or as | ||
provided by Subsection (d). | ||
(d) The Executive Council of Physical Therapy and | ||
Occupational Therapy Examiners is not prohibited from disclosing | ||
criminal history record information obtained under Subsection | ||
(b)(2) in a criminal proceeding or in a hearing conducted by the | ||
Executive Council of Physical Therapy and Occupational Therapy | ||
Examiners. | ||
(e) The Executive Council of Physical Therapy and | ||
Occupational Therapy Examiners shall destroy criminal history | ||
record information that is obtained under this section after the | ||
information is used for its authorized purpose. | ||
SECTION 53. Subchapter F, Chapter 411, Government Code, is | ||
amended by adding Section 411.12514 to read as follows: | ||
Sec. 411.12514. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: TEXAS STATE BOARD OF PLUMBING EXAMINERS. (a) The | ||
Texas State Board of Plumbing Examiners is entitled to obtain | ||
criminal history record information as provided by Subsection (b) | ||
that relates to an applicant for a license, registration, | ||
endorsement, or certificate under Chapter 1301, Occupations Code, | ||
including a license, registration, endorsement, or certificate, as | ||
applicable, for any of the following functions: master plumber, | ||
journeyman plumber, plumbing inspector, tradesman-plumber limited, | ||
plumber's apprentice, multipurpose residential fire protection | ||
sprinkler specialist, water supply protection specialist, and | ||
medical gas piping installation. | ||
(b) Subject to Section 411.087 and consistent with the | ||
public policy of this state, the Texas State Board of Plumbing | ||
Examiners is entitled to: | ||
(1) obtain through the Federal Bureau of Investigation | ||
criminal history record information maintained or indexed by that | ||
bureau that pertains to a person described by Subsection (a); and | ||
(2) obtain from the department or any other criminal | ||
justice agency in this state criminal history record information | ||
maintained by the department or that criminal justice agency that | ||
relates to a person described by Subsection (a). | ||
(c) The Texas State Board of Plumbing Examiners may not | ||
release or disclose to any person criminal history record | ||
information obtained from the Federal Bureau of Investigation under | ||
Subsection (b)(1). Criminal history record information obtained by | ||
the Texas State Board of Plumbing Examiners under Subsection (b)(2) | ||
may not be released or disclosed to any person except on court | ||
order, with the written consent of the person or entity that is the | ||
subject of the criminal history record information, or as provided | ||
by Subsection (d). | ||
(d) The Texas State Board of Plumbing Examiners is not | ||
prohibited from disclosing criminal history record information | ||
obtained under Subsection (b)(2) in a criminal proceeding or in a | ||
hearing conducted by the Texas State Board of Plumbing Examiners. | ||
(e) The Texas State Board of Plumbing Examiners shall | ||
destroy criminal history record information that is obtained under | ||
this section after the information is used for its authorized | ||
purpose. | ||
SECTION 54. Subchapter F, Chapter 411, Government Code, is | ||
amended by adding Section 411.12515 to read as follows: | ||
Sec. 411.12515. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: TEXAS REAL ESTATE COMMISSION AND TEXAS APPRAISER | ||
LICENSING AND CERTIFICATION BOARD. (a) In this section: | ||
(1) "Board" means the Texas Appraiser Licensing and | ||
Certification Board. | ||
(2) "Commission" means the Texas Real Estate | ||
Commission. | ||
(b) The commission is entitled to obtain criminal history | ||
record information as provided by Subsection (d) that relates to: | ||
(1) an applicant for an initial broker or sales agent | ||
license or renewal of a broker or sales agent license under Chapter | ||
1101, Occupations Code; | ||
(2) an applicant for an original certificate of | ||
registration as an easement or right-of-way agent or renewal of a | ||
certificate of registration as an easement or right-of-way agent | ||
under Chapter 1101, Occupations Code; or | ||
(3) an applicant for an apprentice inspector license, | ||
a real estate inspector license, or a professional inspector | ||
license or renewal of an apprentice inspector license, a real | ||
estate inspector license, or a professional inspector license under | ||
Chapter 1102, Occupations Code. | ||
(c) The board is entitled to obtain criminal history record | ||
information as provided by Subsection (d) that relates to: | ||
(1) an applicant for an appraiser trainee license, a | ||
residential appraiser license, a residential appraiser | ||
certificate, or a general appraiser certificate or renewal of an | ||
appraiser trainee license, a residential appraiser license, a | ||
residential appraiser certificate, or a general appraiser | ||
certificate under Chapter 1103, Occupations Code; or | ||
(2) an applicant for registration or renewal of a | ||
registration as an appraisal management company under Chapter 1104, | ||
Occupations Code. | ||
(d) Subject to Section 411.087 of this code and Sections | ||
1101.3521, 1101.4521, 1101.5041, 1102.1051, and 1103.2031, | ||
Occupations Code, and consistent with the public policy of this | ||
state, the commission and the board are entitled to: | ||
(1) obtain through the Federal Bureau of Investigation | ||
criminal history record information maintained or indexed by that | ||
bureau that pertains to a person described by Subsection (b) or (c); | ||
and | ||
(2) obtain from the department or any other criminal | ||
justice agency in this state criminal history record information | ||
maintained by the department or that criminal justice agency that | ||
relates to a person described by Subsection (b) or (c). | ||
(e) The commission or the board, as applicable, may not | ||
release or disclose to any person criminal history record | ||
information obtained from the Federal Bureau of Investigation under | ||
Subsection (d)(1). The commission or the board, as applicable, is | ||
not prohibited from disclosing criminal history record information | ||
obtained under Subsection (d)(2) in a criminal proceeding or in a | ||
hearing conducted by the State Office of Administrative Hearings on | ||
behalf of that agency. | ||
(f) The commission or board shall destroy criminal history | ||
record information that is obtained under this section after the | ||
information is used for its authorized purpose. | ||
SECTION 55. Subchapter F, Chapter 411, Government Code, is | ||
amended by adding Section 411.12516 to read as follows: | ||
Sec. 411.12516. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND | ||
SURVEYORS. (a) The Texas Board of Professional Engineers and Land | ||
Surveyors is entitled to obtain criminal history record information | ||
as provided by Subsection (b) that relates to an applicant for or | ||
holder of a license under Chapters 1001 and 1071, Occupations Code. | ||
(b) Subject to Section 411.087 of this code and Section | ||
1001.272, Occupations Code, and consistent with the public policy | ||
of this state, the Texas Board of Professional Engineers and Land | ||
Surveyors is entitled to: | ||
(1) obtain through the Federal Bureau of Investigation | ||
criminal history record information maintained or indexed by that | ||
bureau that pertains to a person described by Subsection (a); and | ||
(2) obtain from the department or any other criminal | ||
justice agency in this state criminal history record information | ||
maintained by the department or that criminal justice agency that | ||
relates to a person described by Subsection (a). | ||
(c) The Texas Board of Professional Engineers and Land | ||
Surveyors may not release or disclose to any person criminal | ||
history record information obtained from the Federal Bureau of | ||
Investigation under Subsection (b)(1). Criminal history record | ||
information obtained by the Texas Board of Professional Engineers | ||
and Land Surveyors under Subsection (b)(2) may not be released or | ||
disclosed to any person except on court order, with the written | ||
consent of the person who is the subject of the criminal history | ||
record information, or as provided by Subsection (d). | ||
(d) The Texas Board of Professional Engineers and Land | ||
Surveyors is not prohibited from disclosing criminal history record | ||
information obtained under Subsection (b)(2) in a criminal | ||
proceeding or in a hearing conducted by the Texas Board of | ||
Professional Engineers and Land Surveyors. | ||
(e) The Texas Board of Professional Engineers and Land | ||
Surveyors shall destroy criminal history record information that is | ||
obtained under this section after the information is used for its | ||
authorized purpose. | ||
SECTION 56. Subchapter F, Chapter 411, Government Code, is | ||
amended by adding Section 411.12517 to read as follows: | ||
Sec. 411.12517. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: TEXAS STATE BOARD OF PHARMACY. (a) The Texas State | ||
Board of Pharmacy is entitled to obtain criminal history record | ||
information as provided by Subsection (b) that relates to a person | ||
who: | ||
(1) is an applicant for or holder of a license, | ||
certificate, registration, permit, or other authorization under | ||
Chapters 557, 558, 559, and 568, Occupations Code; | ||
(2) is an applicant for or holder of a Class A, Class | ||
B, Class C, Class D, or Class E pharmacy license under Chapters 560 | ||
and 561, Occupations Code; | ||
(3) requests a determination of eligibility for a | ||
license, certificate, registration, permit, or other authorization | ||
from the Texas State Board of Pharmacy; or | ||
(4) is an applicant for employment at or current | ||
employee of the Texas State Board of Pharmacy. | ||
(b) Subject to Section 411.087 and consistent with the | ||
public policy of this state, the Texas State Board of Pharmacy is | ||
entitled to: | ||
(1) obtain through the Federal Bureau of Investigation | ||
criminal history record information maintained or indexed by that | ||
bureau that pertains to a person described by Subsection (a); and | ||
(2) obtain from the department or any other criminal | ||
justice agency in this state criminal history record information | ||
maintained by the department or that criminal justice agency that | ||
relates to a person described by Subsection (a). | ||
(c) The Texas State Board of Pharmacy may not release or | ||
disclose to any person criminal history record information obtained | ||
from the Federal Bureau of Investigation under Subsection (b)(1). | ||
Criminal history record information obtained by the Texas State | ||
Board of Pharmacy under Subsection (b)(2) may not be released or | ||
disclosed to any person except on court order, with the written | ||
consent of the person who is the subject of the criminal history | ||
record information, or as provided by Subsection (d). | ||
(d) The Texas State Board of Pharmacy is not prohibited from | ||
disclosing criminal history record information obtained under | ||
Subsection (b)(2) in a criminal proceeding or in a hearing | ||
conducted by the Texas State Board of Pharmacy or the State Office | ||
of Administrative Hearings. | ||
(e) The Texas State Board of Pharmacy shall destroy criminal | ||
history record information obtained under this section after a | ||
final determination is made in the matter for which the information | ||
was obtained. | ||
SECTION 57. The heading to Section 411.1296, Government | ||
Code, is amended to read as follows: | ||
Sec. 411.1296. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: EMPLOYMENT BY APPRAISAL DISTRICT, [ |
||
TO APPRAISAL REVIEW BOARD FOR APPRAISAL DISTRICT, AND APPLICANT TO | ||
TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD. | ||
SECTION 58. Section 411.1296, Government Code, is amended | ||
by amending Subsections (a) and (c) and adding Subsections (a-1), | ||
(d), (e), and (f) to read as follows: | ||
(a) Except as provided by Subsection (b), an appraisal | ||
district established by Section 6.01, Tax Code, and the Texas | ||
Appraiser Licensing and Certification Board are [ |
||
obtain [ |
||
provided by Subsection (a-1) [ |
||
relates to a person who is an applicant for employment by the | ||
appraisal district, [ |
||
board for the appraisal district, for a license or certification as | ||
an appraiser trainee, licensed residential appraiser, certified | ||
residential appraiser, or certified general appraiser, or for an | ||
appraisal management company regulated by the Texas Appraiser | ||
Licensing and Certification Board. | ||
(a-1) Subject to Section 411.087 and consistent with the | ||
public policy of this state, an appraisal district and the Texas | ||
Appraiser Licensing and Certification Board are entitled to: | ||
(1) obtain through the Federal Bureau of Investigation | ||
criminal history record information maintained or indexed by that | ||
bureau that pertains to a person described by Subsection (a); and | ||
(2) obtain from the department or any other criminal | ||
justice agency in this state criminal history record information | ||
maintained by the department or that criminal justice agency that | ||
relates to a person described by Subsection (a). | ||
(c) The appraisal district may provide criminal history | ||
record information obtained under Subsection (a-1)(2) [ |
||
appraisal review board commissioners appointed by the local | ||
administrative district judge. | ||
(d) An appraisal district or the Texas Appraiser Licensing | ||
and Certification Board, as applicable, may not release or disclose | ||
to any person criminal history record information obtained from the | ||
Federal Bureau of Investigation under Subsection (a-1)(1). | ||
Criminal history record information obtained by an appraisal | ||
district or the Texas Appraiser Licensing and Certification Board | ||
under Subsection (a-1)(2) may not be released or disclosed to any | ||
person except on court order, with the written consent of the person | ||
who is the subject of the criminal history record information, or as | ||
provided by Subsections (c) and (e). | ||
(e) An appraisal district or the Texas Appraiser Licensing | ||
and Certification Board is not prohibited from disclosing criminal | ||
history record information obtained under Subsection (a-1)(2) in a | ||
criminal proceeding or in a hearing conducted by an appraisal | ||
district or the Texas Appraiser Licensing and Certification Board. | ||
(f) An appraisal district or the Texas Appraiser Licensing | ||
and Certification Board shall destroy criminal history record | ||
information that is obtained under this section after the | ||
information is used for its authorized purpose. | ||
SECTION 59. Section 411.1386, Government Code, is amended | ||
by amending Subsections (a), (a-6), (b), (c), (g), and (h) and | ||
adding Subsections (a-7) and (c-1) to read as follows: | ||
(a) Except as provided by Subsections (a-1)[ |
||
(a-6), the clerk of the county having venue over a proceeding for | ||
the appointment of a guardian under Title 3, Estates Code, shall | ||
obtain [ |
||
provided by Subsection (a-7) [ |
||
relates to[ |
||
[ |
||
[ |
||
[ |
||
[ |
||
[ |
||
[ |
||
[ |
||
[ |
||
guardian under Title 3, Estates Code, including a proposed | ||
temporary guardian, [ |
||
person who will have contact with the proposed ward or the proposed | ||
ward's estate on behalf of the proposed guardian, other than an | ||
attorney or a certified guardian. | ||
(a-6) The clerk described by Subsection (a) is not required | ||
to obtain criminal history record information from the department | ||
for a person if the Judicial Branch Certification Commission | ||
conducted a criminal history check on the person under Sections | ||
155.203 and 155.207 [ |
||
the clerk [ |
||
information that was obtained from the department [ |
||
Subsection (a-7)(1), obtain criminal history record information | ||
from the Federal Bureau of Investigation identification division | ||
relating to any person described by Subsection (a). | ||
(a-7) Subject to Section 411.087 and consistent with the | ||
public policy of this state, the clerk described by Subsection (a) | ||
is entitled to: | ||
(1) obtain through the Federal Bureau of Investigation | ||
criminal history record information maintained or indexed by that | ||
bureau that pertains to a person described by Subsection (a); and | ||
(2) obtain from the department or any other criminal | ||
justice agency in this state criminal history record information | ||
maintained by the department or that criminal justice agency that | ||
relates to a person described by Subsection (a). | ||
(b) Criminal history record information obtained by or | ||
provided to a clerk under this section [ |
||
confidential. | ||
(c) A clerk may not release or disclose to any person | ||
criminal history record information obtained from the Federal | ||
Bureau of Investigation under Subsection (a-7)(1). Criminal | ||
history record information obtained by or provided to a clerk under | ||
Subsection (a-7)(2) [ |
||
disclosed to any person or agency except on court order or with the | ||
consent of the person who is the subject of the information. | ||
(c-1) The clerk shall [ |
||
record information after the information is used for the purposes | ||
authorized by this section. | ||
(g) A person commits an offense if the person releases or | ||
discloses any information received under this section without the | ||
authorization prescribed by Subsection (c) [ |
||
under this subsection is a Class A misdemeanor. | ||
(h) The county clerk may charge a $10 fee to recover the | ||
costs of obtaining criminal history record information [ |
||
authorized by Subsection (a-7) [ |
||
SECTION 60. Section 411.13861, Government Code, is amended | ||
by amending Subsections (a), (b), and (c) and adding Subsections | ||
(a-1) and (c-1) to read as follows: | ||
(a) The Health and Human Services Commission is entitled to | ||
obtain [ |
||
record information as provided by Subsection (a-1) [ |
||
(1) who is required to undergo a background and | ||
criminal history check under Chapter 248A, Health and Safety Code; | ||
(2) who seeks unsupervised visits with a ward of the | ||
Health and Human Services Commission, including a relative of the | ||
ward; | ||
(3) who is an applicant for employment with the Health | ||
and Human Services Commission for a position in which the person, as | ||
an employee, would have direct access to residents or clients of a | ||
facility regulated by the Health and Human Services Commission, as | ||
determined by the executive commissioner of that commission; or | ||
(4) who is an employee of the Health and Human Services | ||
Commission and who has direct access to residents or clients of a | ||
facility regulated by that commission, as determined by the | ||
executive commissioner of that commission. | ||
(a-1) Subject to Section 411.087 and consistent with the | ||
public policy of this state, the Health and Human Services | ||
Commission is entitled to: | ||
(1) obtain through the Federal Bureau of Investigation | ||
criminal history record information maintained or indexed by that | ||
bureau that pertains to a person who is described by Subsection (a); | ||
and | ||
(2) obtain from the department or any other criminal | ||
justice agency in this state criminal history record information | ||
maintained by the department or that criminal justice agency that | ||
relates to a person described by Subsection (a). | ||
(b) Criminal history record information obtained under | ||
Subsection (a-1) [ |
||
Human Services Commission and is privileged and confidential. | ||
(c) The Health and Human Services Commission may not release | ||
or disclose to any person criminal history record information | ||
obtained from the Federal Bureau of Investigation under Subsection | ||
(a-1)(1). Criminal history record information obtained by the | ||
Health and Human Services Commission under Subsection (a-1)(2) | ||
[ |
||
except on court order or with the consent of the person who is the | ||
subject of the information. | ||
(c-1) The Health and Human Services Commission shall [ |
||
destroy the criminal history record information after the | ||
information is used for the purposes authorized by this section. | ||
SECTION 61. Section 411.1405, Government Code, is amended | ||
by amending Subsections (b), (c), and (d) and adding Subsections | ||
(b-1) and (g) to read as follows: | ||
(b) To the extent consistent with Subsection (e), a state | ||
agency is entitled to obtain [ |
||
history record information as provided by Subsection (b-1) | ||
[ |
||
(1) is an employee, applicant for employment, | ||
contractor, subcontractor, or intern or other volunteer with the | ||
state agency or with a contractor or subcontractor for the state | ||
agency; and | ||
(2) has access to information resources or information | ||
resources technologies, other than a desktop computer or telephone | ||
station assigned to that person. | ||
(b-1) Subject to Section 411.087 and consistent with the | ||
public policy of this state, a state agency is entitled to: | ||
(1) obtain through the Federal Bureau of Investigation | ||
criminal history record information maintained or indexed by that | ||
bureau that pertains to a person described by Subsection (b); and | ||
(2) obtain from the department or any other criminal | ||
justice agency in this state criminal history record information | ||
maintained by the department or that criminal justice agency that | ||
relates to a person described by Subsection (b). | ||
(c) A state agency may not release or disclose to any person | ||
criminal history record information obtained from the Federal | ||
Bureau of Investigation under Subsection (b-1)(1). A state agency | ||
that obtains criminal history record information under this section | ||
may not release or disclose the information obtained under | ||
Subsection (b-1)(2) or any documents or other records derived from | ||
the information except: | ||
(1) by court order; | ||
(2) with the consent of the person who is the subject | ||
of the information; [ |
||
(3) to the affected contractor or subcontractor; or | ||
(4) as described by Subsection (g) [ |
||
(d) A state agency and the affected contractor or | ||
subcontractor shall destroy criminal history record information | ||
obtained under this section after the information is used for the | ||
purposes authorized by this section [ |
||
(g) A state agency is not prohibited from disclosing | ||
criminal history record information obtained under Subsection | ||
(b-1)(2) in a criminal proceeding. | ||
SECTION 62. Section 411.1408, Government Code, is amended | ||
by amending Subsections (b) and (c) and adding Subsections (b-1) | ||
and (d) to read as follows: | ||
(b) The commission is entitled to obtain [ |
||
Subsection (b-1) [ |
||
person who is an applicant for or the holder of a certificate, | ||
registration, or license issued by the commission or otherwise | ||
under Subtitle L, Title 2. | ||
(b-1) Subject to Section 411.087 and consistent with the | ||
public policy of this state, the commission is entitled to: | ||
(1) obtain through the Federal Bureau of Investigation | ||
criminal history record information maintained or indexed by that | ||
bureau that pertains to a person described by Subsection (b); and | ||
(2) obtain from the department or any other criminal | ||
justice agency in this state criminal history record information | ||
maintained by the department or that criminal justice agency that | ||
relates to a person described by Subsection (b). | ||
(c) The commission may not release or disclose to any person | ||
criminal history record information obtained from the Federal | ||
Bureau of Investigation under Subsection (b-1)(1). Criminal | ||
history record information obtained by the commission under | ||
Subsection (b-1)(2) [ |
||
(1) may be used by the commission for any purpose | ||
related to the issuance, denial, suspension, revocation, or renewal | ||
of a certificate, registration, or license issued by the commission | ||
or otherwise under Subtitle L, Title 2; and | ||
(2) may not be released or disclosed to any person | ||
except: | ||
(A) on court order; or | ||
(B) [ |
||
[ |
||
this code or Section 1104.404, Estates Code, if applicable[ |
||
[ |
||
(d) The commission shall destroy criminal history record | ||
information that is obtained under this section after the | ||
information is used for its authorized purpose. | ||
SECTION 63. Section 411.1409, Government Code, is amended | ||
by amending Subsections (b), (c), (d), and (e) and adding | ||
Subsection (b-1) to read as follows: | ||
(b) An appellate court is entitled to obtain [ |
||
Subsection (b-1) [ |
||
person who is an applicant for: | ||
(1) employment with the court; | ||
(2) a volunteer position with the court; or | ||
(3) an appointment made by the court. | ||
(b-1) Subject to Section 411.087 and consistent with the | ||
public policy of this state, the court is entitled to: | ||
(1) obtain through the Federal Bureau of Investigation | ||
criminal history record information maintained or indexed by that | ||
bureau that pertains to a person described by Subsection (b); and | ||
(2) obtain from the department or any other criminal | ||
justice agency in this state criminal history record information | ||
maintained by the department or that criminal justice agency that | ||
relates to a person described by Subsection (b). | ||
(c) Criminal history record information obtained by the | ||
court under this section [ |
||
evaluate an applicant. | ||
(d) The court may not release or disclose to any person | ||
criminal history record information obtained from the Federal | ||
Bureau of Investigation under Subsection (b-1)(1). The court may | ||
not release or disclose information obtained under Subsection | ||
(b-1)(2) [ |
||
(e) The [ |
||
court shall destroy [ |
||
obtained under this section after the information is used for its | ||
authorized purpose [ |
||
SECTION 64. Subchapter F, Chapter 411, Government Code, is | ||
amended by adding Section 411.14101 to read as follows: | ||
Sec. 411.14101. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: STATE OFFICE OF ADMINISTRATIVE HEARINGS. (a) In this | ||
section, "office" means the State Office of Administrative | ||
Hearings. | ||
(b) The office is entitled to obtain criminal history record | ||
information as provided by Subsection (c) that relates to a person | ||
who is: | ||
(1) an employee of, or an applicant for employment | ||
with, the office; or | ||
(2) a contractor, subcontractor, volunteer, or intern | ||
of the office, or an applicant to serve in one of those capacities. | ||
(c) Subject to Section 411.087 and consistent with the | ||
public policy of this state, the office is entitled to: | ||
(1) obtain through the Federal Bureau of Investigation | ||
criminal history record information maintained or indexed by that | ||
bureau that pertains to a person described by Subsection (b); and | ||
(2) obtain from the department or any other criminal | ||
justice agency in this state criminal history record information | ||
maintained by the department or that criminal justice agency that | ||
relates to a person described by Subsection (b). | ||
(d) The office may not release or disclose to any person | ||
criminal history record information obtained from the Federal | ||
Bureau of Investigation under Subsection (c)(1). Criminal history | ||
record information obtained by the office under Subsection (c)(2) | ||
may not be released or disclosed to any person except by court order | ||
or with the written consent of the person who is the subject of the | ||
criminal history record information. | ||
(e) The office shall destroy criminal history record | ||
information that is obtained under this section after the | ||
information is used for its authorized purpose. | ||
SECTION 65. Subchapter F, Chapter 411, Government Code, is | ||
amended by adding Section 411.14102 to read as follows: | ||
Sec. 411.14102. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: TEXAS BOARD OF ARCHITECTURAL EXAMINERS. (a) The | ||
Texas Board of Architectural Examiners is entitled to obtain | ||
criminal history record information as provided by Subsection (b) | ||
that relates to: | ||
(1) a person who is: | ||
(A) an applicant for an architectural | ||
registration under Chapter 1051, Occupations Code; or | ||
(B) the holder of an architectural registration | ||
under that chapter; | ||
(2) a person who is: | ||
(A) an applicant for a landscape architectural | ||
registration under Chapter 1052, Occupations Code; or | ||
(B) the holder of a landscape architectural | ||
registration under that chapter; or | ||
(3) a person who is: | ||
(A) an applicant for an interior design | ||
registration under Chapter 1053, Occupations Code; or | ||
(B) the holder of an interior design registration | ||
under that chapter. | ||
(b) Subject to Section 411.087 of this code and Section | ||
1051.3041, Occupations Code, and consistent with the public policy | ||
of this state, the Texas Board of Architectural Examiners is | ||
entitled to: | ||
(1) obtain through the Federal Bureau of Investigation | ||
criminal history record information maintained or indexed by that | ||
bureau that pertains to a person described by Subsection (a); and | ||
(2) obtain from the department or any other criminal | ||
justice agency in this state criminal history record information | ||
maintained by the department or that criminal justice agency that | ||
relates to a person described by Subsection (a). | ||
(c) The Texas Board of Architectural Examiners may not | ||
release or disclose to any person criminal history record | ||
information obtained from the Federal Bureau of Investigation under | ||
Subsection (b)(1). Criminal history record information obtained by | ||
the Texas Board of Architectural Examiners under Subsection (b)(2) | ||
may not be released or disclosed to any person except on court order | ||
or as provided by Subsection (d). | ||
(d) The Texas Board of Architectural Examiners is not | ||
prohibited from disclosing criminal history record information | ||
obtained under Subsection (b)(2) in a criminal proceeding or in a | ||
hearing conducted by the Texas Board of Architectural Examiners or | ||
the State Office of Administrative Hearings. | ||
(e) The Texas Board of Architectural Examiners shall | ||
destroy criminal history record information that is obtained under | ||
this section after the information is used for its authorized | ||
purpose. | ||
SECTION 66. Sections 301.2511(a) and (c), Occupations Code, | ||
are amended to read as follows: | ||
(a) An applicant for a vocational, registered, or advanced | ||
practice registered nurse license must submit to the board, in | ||
addition to satisfying the other requirements of this subchapter, a | ||
complete and legible set of fingerprints, on a form prescribed by | ||
the board, for the purpose of obtaining criminal history record | ||
information from the Department of Public Safety and the Federal | ||
Bureau of Investigation. | ||
(c) The board by rule shall develop a system for obtaining | ||
criminal history record information for a person accepted for | ||
enrollment in a nursing educational program that prepares the | ||
person for [ |
||
advanced practice registered [ |
||
person to submit to the board a set of fingerprints that meets the | ||
requirements of Subsection (a). The board may develop a similar | ||
system for an applicant for enrollment in a nursing educational | ||
program. The board may require payment of a fee by a person who is | ||
required to submit a set of fingerprints under this subsection. | ||
SECTION 67. Section 1101.002, Occupations Code, is amended | ||
by adding Subdivision (3-a) to read as follows: | ||
(3-a) "Easement or right-of-way agent" means a person | ||
who sells, buys, leases, or transfers an easement or right-of-way | ||
for another, for compensation or with the expectation of receiving | ||
compensation, for use in connection with telecommunication, | ||
utility, railroad, or pipeline service. | ||
SECTION 68. Section 1101.501, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1101.501. CERTIFICATE REQUIRED. A person may not act | ||
as an easement or right-of-way agent [ |
||
unless the person: | ||
(1) holds a license issued under this chapter; or | ||
(2) holds a certificate of registration issued under | ||
this subchapter. | ||
SECTION 69. Section 1101.5041, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 1101.5041. CRIMINAL HISTORY RECORD INFORMATION | ||
REQUIREMENT FOR CERTIFICATE. An applicant for an original | ||
certificate of registration as an easement or right-of-way agent or | ||
renewal of a certificate of registration as an easement or | ||
right-of-way agent must comply with the criminal history record | ||
check requirements of Section 1101.3521. | ||
SECTION 70. Section 2025.251, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 2025.251. OCCUPATIONAL LICENSE REQUIRED. (a) Except | ||
as provided by this section, a person, other than as a spectator or | ||
as a person placing a wager, may not participate in [ |
||
pari-mutuel racing activities or wagering without first obtaining a | ||
license from the commission. A person may not engage in any | ||
occupation for which commission rules require a license under this | ||
subtitle without first obtaining a license from the commission. | ||
(b) The commission [ |
||
that afford [ |
||
pari-mutuel wagering, including individuals who[ |
||
(1) work [ |
||
contractor, or volunteer [ |
||
the individual [ |
||
pari-mutuel wagering; or | ||
(2) will likely have significant access to the | ||
backside of a racetrack or to restricted areas of the frontside of a | ||
racetrack. | ||
(c) Notwithstanding Subsection (b), the following | ||
individuals require a criminal history background check before an | ||
occupational license is issued: commissioners, regulatory | ||
employees and contractors hired by the commission, racetrack | ||
association employees, training facility employees, and employees | ||
of either a recognized horseman's organization or licensed | ||
racehorse owners. | ||
SECTION 71. The following provisions are repealed: | ||
(1) Sections 22.0834(g), (i), (k), (m), and (n), | ||
Education Code; | ||
(2) Section 22.08341, Education Code; | ||
(3) Sections 1104.403, 1104.407, 1104.408, and | ||
1104.410, Estates Code; | ||
(4) Section 411.110(d), Government Code; | ||
(5) Section 411.122(c), Government Code; | ||
(6) Sections 411.1386(a-4), (a-5), (d), (f), and (i), | ||
Government Code; and | ||
(7) Section 411.13861(f), Government Code. | ||
SECTION 72. This Act takes effect immediately if it | ||
receives a vote of two-thirds of all the members elected to each | ||
house, as provided by Section 39, Article III, Texas Constitution. | ||
If this Act does not receive the vote necessary for immediate | ||
effect, this Act takes effect September 1, 2023. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 4123 was passed by the House on May 9, | ||
2023, by the following vote: Yeas 139, Nays 3, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 4123 on May 26, 2023, by the following vote: Yeas 140, Nays 0, | ||
1 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 4123 was passed by the Senate, with | ||
amendments, on May 24, 2023, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |