Bill Text: TX HB4123 | 2023-2024 | 88th Legislature | Enrolled

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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

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H.B. No. 4123

AN ACT
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 [on or after
January 1, 2008,] is offered employment by an entity or a
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 [a contracting entity, subcontracting entity, or
other person subject to Section 22.08341].
(b) If the contracting entity is a qualified school
contractor, a [A] person to whom Subsection (a) applies must submit
to a national criminal history record information review by the
qualified school contractor [under this section] before being
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 [entity contracting with a] school district,
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 [An entity contracting
with] a school district, open-enrollment charter school, or shared
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. [The entity shall certify to the school
district that the entity has received all criminal history record
information relating to a person to whom Subsection (a) applies.]
(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 [A] school district,
open-enrollment charter school, or shared services arrangement
obtains [may obtain] the criminal history record information of a
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) [or (g)] applies to enter
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, [or]
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 [Subsection (g)] applies.
(l) [A contracting entity shall require that a
subcontracting entity obtain all criminal history record
information that relates to an employee to whom Subsection (a)
applies.] If a contracting or subcontracting entity determines
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
[or 22.08341].
SECTION 4. Section 1104.402(a), Estates Code, is amended to
read as follows:
(a) Except as provided by Section [1104.403,] 1104.404[,]
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[:
[(1) a private professional guardian;
[(2) each person who represents or plans to represent
the interests of a ward as a guardian on behalf of the private
professional guardian;
[(3) each person employed by a private professional
guardian who will:
[(A) have personal contact with a ward or
proposed ward;
[(B) exercise control over and manage a ward's
estate; or
[(C) perform any duties with respect to the
management of a ward's estate;
[(4) each person employed by or volunteering or
contracting with a guardianship program to provide guardianship
services to a ward of the program on the program's behalf; or
[(5)] any [other] person proposed to serve as a
guardian under this title, including a proposed temporary guardian,
[and] 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 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 [Chapter 155], Government
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 [board] shall provide to the clerk [at
the court's request] the criminal history record information that
was obtained from the Department of Public Safety [or the Federal
Bureau of Investigation]. The commission is prohibited from
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[, 1104.403,] or 1104.404 is
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
[or consent of the person being investigated]. The court may use
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) [411.095(a)(1)], Government Code.
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 [applicants']
ineligibility for certification, registration, or licensing under
this subtitle based on the applicant's [person's] criminal history
or other information that indicates the applicant [person] lacks
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 [or] the Federal Bureau of Investigation identification
division relating to an individual seeking appointment as a
guardian or temporary guardian.
(b) The clerk [commission] shall obtain[:
[(1)] fingerprint-based criminal history record
information of a proposed guardian if:
(1) [(A)] the liquid assets of the estate of a ward
exceed $50,000; or
(2) [(B)] the proposed guardian is not a resident of
this state.
(c) The commission shall obtain[; or
[(2)] name-based criminal history record information
of a proposed guardian, including any criminal history record
information under the current name and all former names of the
proposed guardian, if:
(1) [(A)] the liquid assets of the estate of a ward are
$50,000 or less; and
(2) [(B)] the proposed guardian is a resident of this
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 [or to maintain the registration of a
guardianship under Subchapter D].
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 [Subject to Section 411.087, the] department may [is
authorized to] obtain as provided by Subsection (a-1) [and use]
criminal history record information [maintained by the Federal
Bureau of Investigation or the department] that relates to a person
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;
[or]
(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 [or used] by the department under Subsection (a-1)(2) for
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 [and use] criminal history
record information [maintained by the Federal Bureau of
Investigation or the department] under Subsections [Subsection]
(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 [from the department] any criminal history record
information as provided by Subsection (a-1) [maintained by the
department] about a person who has applied to the board for or who
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[; and
[(4) shall be destroyed by the board after the
information is used for the authorized purposes].
(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)
[maintained by the department] about a person who:
(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; [or]
(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 [if:
[(A) the employee or applicant has or will have
continuing duties relating to the contracted services; and
[(B) the employee or applicant has or will have
direct contact with students].
(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; [or]
(D) by court order; or
(E) as provided by Subsection (c); and
(3) is not subject to disclosure as provided by
Chapter 552[; and
[(4) shall be destroyed by the agency after the
information is used for the authorized purposes].
(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 [from the department] criminal history record information as
provided by Subsection (b) [maintained the department] that
relates to [a person who is]:
(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
[a license, certificate, registration, title, or permit issued by
the department]; or
(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)[, certificate, registration, title, or permit issued by the
department].
(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 [from the department]
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; [or]
(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 [this section unless]:
(1) [the information is obtained from a
fingerprint-based search; and
[(2) the information is released or disclosed:
[(A)] on court order;
(2) [(B)] to the person who is the subject of the
criminal history record information; [or]
(3) [(C)] with the consent of the person who is the
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)
[from the department] criminal history record information
[maintained by the department] that relates [pertains] to [a person
who is]:
(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 [appointed to the
commission;
[(2) an applicant for employment by the commission; or
[(3) an applicant for a license under Subtitle A-1,
Title 13, Occupations Code (Texas Racing Act)].
(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 [commission] under Subsection (a-1)(2) [(a)] may not be
released or disclosed to any person except [in a criminal
proceeding, in a hearing conducted by the commission,] on court
order, [or] with the written consent of the person who is the
subject of the criminal history record information, or as provided
by Subsection (c) [applicant].
(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 [from
the department] criminal history record information as provided by
Subsection (c-1) [maintained by the department] that the district,
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; [or]
(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 [or 22.08341], Education Code;
(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 [from the department] criminal
history record information as provided by Subsection (c-1)
[maintained by the department] that the district, school, service
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
[from the department] criminal history record information as
provided by Subsection (c-1) [maintained by the department] that
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[; and
[(3) shall be destroyed by the school district,
charter school, private school, service center, commercial
transportation company, or shared services arrangement on the
earlier of:
[(A) the first anniversary of the date the
information was originally obtained; or
[(B) the date the information is used for the
authorized purpose].
(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
[from the department] criminal history record information as
provided by Subsection (b) [maintained by the department] that
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) [(1) an applicant for a license to practice
equine dentistry under Chapter 801, Occupations Code; or
[(2) the holder of a license under that chapter].
(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 [from
the department] criminal history record information as provided by
Subsection (b) [maintained by the department] that relates to [a
person who is]:
(1) an applicant for a license or certification as a
certified public accountant under Chapter 901, Occupations Code;
[or]
(2) an applicant to take the uniform certified public
accountant [CPA] examination under Chapter 901, Occupations Code;
(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 [that Act].
(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 [for good cause shown] is entitled to
obtain [from the department] criminal history record information as
provided by Subsection (a-1) [maintained by the department] that
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 [State Board] of Insurance to engage
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) [(a)] may not be
disclosed or released 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, 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 [After the] Texas Department of Insurance [makes a
determination as to the issuance of a license or certificate of
authority to an applicant, the Texas Department of Insurance] shall
destroy [seal the] criminal history record information that is
obtained under this section after the information is used for its
authorized purpose [regarding the applicant and shall deliver the
information to the commissioner of insurance or the commissioner's
designee, who shall maintain the information as provided by State
Board of Insurance rule].
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 [Article 21.28], Insurance
Code.
(b) A receiver is entitled to obtain [from the department]
criminal history record information as provided by Subsection (b-1)
[maintained by the department] that relates to a person:
(1) who is a creditor or claimant of the receivership
estate; or
(2) against whom the receivership estate has a claim
[the receiver believes is necessary for the investigation of any
matter relating to a receivership estate].
(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) [(b)] may not be released or
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 [may] destroy criminal history record
information obtained by the receiver under this section [Subsection
(b)] after the purpose for which the information was obtained is
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 [from the department] criminal
history record information as provided by Subsection (a-2)
[maintained by the department] that relates to a person who, under
Section 466.201 [under Chapter 466], is:
(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
[from the department] criminal history record information as
provided by Subsection (a-2) [maintained by the department] that
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) [(a) or (a-1)] 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 (c) or (d).
(c) The Texas Lottery Commission [commission] is not
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 [criminal history record]
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 [from the
department] criminal history record information as provided by
Subsection (c) [maintained by the department] that the comptroller
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 [from the
department] criminal history record information as provided by
Subsection (c) [maintained by the department] that relates to a
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; [or]
(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) [Subsections (a), (b), and (c)] 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 (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 [from the
department] criminal history record information as provided by
Subsection (a-1) [maintained by the department] that relates to a
person who is:
(1) [a person who is:
[(A)] an applicant for a license or certificate
under Chapter 773, Health and Safety Code, [the Emergency Health
Care Act (Chapter 773, Health and Safety Code);]
[(B)] an owner or manager of an applicant for an
emergency medical services provider license under that chapter,
[Act;] or
[(C)] the holder of a license or certificate
under that chapter [Act];
(2) an applicant for a license or a license holder
under Subchapter I, L, or [Subchapter] N, Chapter 431, Health and
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; [or]
(5) [a person] authorized to access vital records or
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) [(a)] may not be
released or disclosed to any person except:
(1) on court order;
(2) [,] with the written consent of the person who [or
entity that] is the subject of the criminal history record
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) [, or] as provided by Subsection (e).
(c) The [After an entity is licensed or certified, 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 [relates
to that entity. The Department of State Health Services or the
Health and Human Services Commission, as applicable, shall destroy
the criminal history record information that relates to:
[(1) an applicant for employment after that applicant
is employed or, for an applicant who is not employed, after the
check of the criminal history record information on that applicant
is completed; or
[(2) an employee or contractor after the check of the
criminal history record information on that employee or contractor
is completed].
(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) [(a)] in a criminal proceeding or in a hearing
conducted by that agency [the Department of State Health Services
or the Health and Human Services Commission, as applicable].
SECTION 27. Section 411.1103, Government Code, is amended
to read as follows:
Sec. 411.1103. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: [DEPARTMENT OF STATE HEALTH SERVICES AND] HEALTH AND
HUMAN SERVICES COMMISSION. (a) The [Department of State Health
Services and the] Health and Human Services Commission is [are]
entitled to obtain [from the department] criminal history record
information as provided by Subsection (d) [maintained by the
department] that relates to a person:
(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 [Department of State Health
Services or the] Health and Human Services Commission, as
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
[Department of State Health Services or the] Health and Human
Services Commission under Subsection (d)(2) [this section] 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 [Department of State Health Services or the] Health and Human
Services Commission[, as applicable,] concerning the person who is
the subject of the criminal history record information; or
(4) as provided by Subsection (c).
(c) The [Department of State Health Services or the] Health
and Human Services Commission is not prohibited from releasing
criminal history record information obtained under Subsection
(d)(2) [this section] to the person who is the subject of the
criminal history record information.
(d) 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 is [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).
(e) This section does not prohibit the [Department of State
Health Services or 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 28. Section 411.1105, Government Code, is amended
to read as follows:
Sec. 411.1105. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: [DEPARTMENT OF STATE HEALTH SERVICES AND] HEALTH AND
HUMAN SERVICES COMMISSION. (a) The [Department of State Health
Services and the] Health and Human Services Commission is [are]
entitled to obtain [from the department] criminal history record
information as provided by Subsections (a-1) and (b) [maintained by
the department] that relates to a person who is:
(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 [Department of State Health Services and the] Health
and Human Services Commission is [are] entitled to obtain
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 [Department of State Health Services or the] Health and Human
Services Commission under Subsection (a-1)(2) [(a)] 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; [,] or
(3) as provided by Subsection (d).
(d) The [Department of State Health Services or the] Health
and Human Services Commission[, as applicable,] may provide the
applicant or licensee with a copy of the person's criminal history
record information obtained from the Department of Public Safety [,
Federal Bureau of Investigation identification division,] or
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 [from the
department] criminal history record information as provided by
Subsection (b-1) [maintained by the department] that relates to a
person who is:
(1) an applicant [for employment] for a position in
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; [or]
(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) [(b)] may not be released or disclosed,
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) [(b)] in a criminal proceeding or in a hearing conducted by
the commission.
(e) The executive commissioner shall destroy [all] criminal
history record information obtained under this section [Subsection
(b)] as soon as practicable after the information is used for its
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 [from the
department] criminal history record information as provided by
Subsection (a-1) [maintained by the department] that relates to a
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) [(a)]
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) [(a)],
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[, and] shall
destroy [all] criminal history record information obtained under
Subsection (a-1) [(a)] after the information is used for its
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 [from the department] criminal history record information as
provided by Subdivision (4) [maintained by the department] that
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 [that] contracts with the Department of Family
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 [from the department] criminal history record
information as provided by Subdivision (4) [maintained by the
department] that relates to a person who is:
(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 [that] contracts with the Department of Family and
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 [such] information obtained
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) [this
subsection] may not be released to any person except:
(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) [this subsection] to:
(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) [maintained by the
Department of Public Safety, the Federal Bureau of Investigation
identification division, or another law enforcement agency] that
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) [positions] whose employment or potential
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)
[(a)] 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; [,] or
(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[, Federal Bureau of
Investigation identification division,] or another law enforcement
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 [from the department the] criminal history record
information as provided by Subsection (a-2) [maintained by the
department] that relates to a provider under the medical assistance
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 [an agency] or the office of inspector
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
[commission or an agency] under Subsection (a-2)(2) [(a)] may not
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 [AGENCIES
WITH] EMPLOYEES, CONTRACTORS, OR VOLUNTEERS AT STATE SUPPORTED
LIVING CENTERS. (a) The [Department of State Health Services and
the] Health and Human Services Commission is [are] entitled to
obtain [from the department] criminal history record information as
provided by Subsection (d) [maintained by the department] that
relates to a person:
(1) who is:
(A) an applicant for employment with the Health
and Human Services Commission [agency];
(B) an employee of the Health and Human Services
Commission [agency];
(C) a volunteer with the Health and Human
Services Commission [agency];
(D) an applicant for a volunteer position with
the Health and Human Services Commission [agency];
(E) an applicant for a contract with the Health
and Human Services Commission [agency]; or
(F) a contractor of the Health and Human Services
Commission [agency]; and
(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 [an agency] under Subsection (d)(2) [(a)] 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 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 [An agency] is not prohibited from releasing criminal
history record information obtained under Subsection (d)(2) [(a) or
(d)] to the person who is the subject of the criminal history record
information.
(d) 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 is [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).
(e) This section does not prohibit the Health and Human
Services Commission [an agency] 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 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 [from the department] criminal
history record information as provided by Subsection (c)
[maintained by the department] that relates to a person:
(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 [that] contracts 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 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) [(b)] may
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 [collect and] destroy criminal history record
information obtained under this section after the information is
used for its authorized purpose [that relates to a person
immediately after making an employment decision or taking a
personnel action relating to the person who is the subject of the
criminal history record information].
(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[,
except as provided by Section 411.093];
(10) Texas Commission on Environmental Quality;
(11) Executive Council [Texas Board] of Physical
Therapy and Occupational Therapy Examiners;
(12) Texas Optometry Board;
(13) Texas State Board of Pharmacy;
(14) [Texas Board of Physical Therapy Examiners;
[(15)] Texas State Board of Plumbing Examiners;
(15) [(16)] Texas State Board of Examiners of
Psychologists;
(16) [(17)] Texas Real Estate Commission;
(17) [(18)] Texas Department of Transportation;
(18) [(19)] State Board of Veterinary Medical
Examiners;
(19) [(20)] Texas Department of Housing and Community
Affairs;
(20) [(21)] secretary of state;
(21) [(22)] state fire marshal;
(22) [(23)] Texas Education Agency;
(23) [(24)] Department of Agriculture; and
(24) [(25)] Texas Department of Motor Vehicles.
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 [from the department] criminal
history record information as provided by Subsection (b)
[maintained by the department] that relates to a person who:
(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; [or]
(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, [AND] APPOINTMENT
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 [is] entitled to
obtain [from the department] criminal history record information as
provided by Subsection (a-1) [maintained by the department] that
relates to a person who is an applicant for employment by the
appraisal district, [or] for appointment to the appraisal review
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) [this
section] to the local administrative district judge or to the
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-5),] and
(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 [from the department] criminal history record information as
provided by Subsection (a-7) [maintained by the department] that
relates to[:
[(1) a private professional guardian;
[(2) each person who represents or plans to represent
the interests of a ward as a guardian on behalf of the private
professional guardian;
[(3) each person employed by a private professional
guardian who will:
[(A) have personal contact with a ward or
proposed ward;
[(B) exercise control over and manage a ward's
estate; or
[(C) perform any duties with respect to the
management of a ward's estate;
[(4) each person employed by or volunteering or
contracting with a guardianship program to provide guardianship
services to a ward of the program on the program's behalf; or
[(5)] any [other] person proposed to serve as a
guardian under Title 3, Estates Code, including a proposed
temporary guardian, [and] 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.
(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 [Chapter 155]. The commission shall provide to
the clerk [at the court's request] the criminal history record
information that was obtained from the department [or the Federal
Bureau of Investigation]. The clerk shall, in accordance with
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 [Subsection (a), (a-5), or
(a-6)] is for the exclusive use of the court and is privileged and
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) [(a), (a-5),] or (a-6) may not be released or
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 [may] destroy the criminal history
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) [or (d)]. An offense
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 [records]
authorized by Subsection (a-7) [(a)].
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 [from the Department of Public Safety] criminal history
record information as provided by Subsection (a-1) [maintained by
the Department of Public Safety] that relates to a person:
(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) [(a)] is for the exclusive use of the Health and
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)
[(a)] may not be released or 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 Health and Human Services Commission shall [may]
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 [from the department the] criminal
history record information as provided by Subsection (b-1)
[maintained by the department] that relates to a person who:
(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; [or]
(3) to the affected contractor or subcontractor; or
(4) as described by Subsection (g) [, unless the
information was obtained by the department from the Federal Bureau
of Investigation].
(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 [that relates to a person after
the information is used to make an employment decision or to take a
personnel action relating to the person who is the subject of the
information].
(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 [from the
department] criminal history record information as provided by
Subsection (b-1) [maintained by the department] that relates to a
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) [(b)]:
(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) [with the consent of the person who is the
subject of the information; or
[(C)] as authorized by Section 411.1386(a-6) of
this code or Section 1104.404, Estates Code, if applicable[; and
[(3) shall be destroyed by the commission after the
information is used for the authorized purposes].
(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 [from the
department] criminal history record information as provided by
Subsection (b-1) [maintained by the department] that relates to a
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 [Subsection (b)] may be used only to
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) [(b)] except on order of a district court [or with the
consent of the person who is the subject of the criminal history
record information].
(e) The [After the expiration of any probationary term of
the person's employment, volunteer status, or appointment, the]
court shall destroy [all] criminal history record information
obtained under this section after the information is used for its
authorized purpose [Subsection (b)].
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 [initial] licensure as a vocational, registered, or
advanced practice registered [or vocational] nurse by requiring the
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 [sell, buy, lease, or transfer
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]
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 [racing with]
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 [by rule] shall [categorize the
occupations of racetrack employees and] determine the occupations
that afford [the employee] an opportunity to influence racing with
pari-mutuel wagering, including individuals who[. The rules must
require an employee to be licensed under this subtitle if the
employee]:
(1) work [works] in an occupation as an employee,
contractor, or volunteer [determined by the commission] to afford
the individual [employee] an opportunity to influence racing with
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