Bill Text: TX SB1785 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the dissemination of criminal history record information by the Department of Public Safety.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-20 - Referred to Business & Commerce [SB1785 Detail]
Download: Texas-2023-SB1785-Introduced.html
By: Zaffirini | S.B. No. 1785 | |
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relating to the dissemination of criminal history record | ||
information by the Department of Public Safety. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. GENERAL PROVISIONS AND DEPARTMENT OF PUBLIC SAFETY | ||
SECTION 1.01. This Act pertains to the authority for Texas | ||
and national criminal history record information to be released to | ||
state agencies and those agencies’ handling of the information. | ||
SECTION 1.02. Section 411.082(2) – (6), Government Code, is | ||
amended to add new section (2) and renumber subsequent sections | ||
accordingly to read as follows: | ||
(2) “Applicant” means an individual who submits an | ||
application for employment, licensure, certification, or | ||
registration which requires a background check using criminal | ||
history record information by the department. | ||
(3) ”Application” means an individual who submits an | ||
application either by hard copy or electronically for employment, | ||
licensure, certification, or registration which requires a | ||
background check using criminal history record information by the | ||
department. | ||
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information collected about a person by a criminal justice agency | ||
that consists of identifiable descriptions and notations of | ||
arrests, detentions, indictments, |
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criminal charges and their dispositions. The term does not | ||
include: | ||
(A) identification information, including | ||
fingerprint records, to the extent that the identification | ||
information does not indicate involvement of the person in the | ||
criminal justice system; or | ||
(B) driving record information maintained by the | ||
department under Subchapter C, Chapter 521, Transportation Code. | ||
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(A) a federal or state agency that is engaged in | ||
the administration of criminal justice under a statute or executive | ||
order and that allocates a substantial portion of its annual budget | ||
to the administration of criminal justice; or | ||
(B) a nongovernmental railroad or campus police | ||
department that has obtained an originating agency identifier from | ||
the Federal Bureau of Investigation. | ||
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(A) an activity that is included in the | ||
administration of criminal justice; or | ||
(B) screening of applicants for employment | ||
with a criminal justice agency. | ||
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office of capital and forensic writs established under Subchapter | ||
B, Chapter 78. | ||
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assigned by Article 26.044(a), Code of Criminal Procedure. | ||
Section 1.03. Section 411.891, Government Code, is amended | ||
to read as follows: | ||
Sec. 411.0891. DEPARTMENT ACCESS TO CRIMINAL HISTORY | ||
RECORD INFORMATION: CERTAIN DEPARTMENTAL AUTHORIZATIONS. (a) | ||
Subject to Section 411.087, the department is authorized to obtain | ||
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, Chapter 411, | ||
Government Code, or is an applicant for or holds a certification as | ||
an instructor issued by the department under that chapter; | ||
(7) is an applicant for or holds a capitol access pass | ||
issued by the department under Section 411.0625, Government Code; | ||
(8) is an applicant for or holds a license or commission | ||
issued by the department under Chapter 1702, Occupations Code; | ||
(b) The department may release or disclose Texas criminal | ||
history record information obtained or used by the department 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. | ||
(c) This section may not be construed to limit the authority | ||
of the department to disseminate criminal history record | ||
information as provided by Section 411.083. | ||
(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 Subsection (a) 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) Criminal history record information obtained from the | ||
Federal Bureau of Investigation shall not be disseminated. | ||
Section 1.04. Section 411.122(d), Government Code, is | ||
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; | ||
(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 Board of Professional Land Surveying; | ||
(10) Texas Department of Licensing and Regulation, | ||
except as provided by Section 411.093; | ||
(11) Texas Commission on Environmental Quality; | ||
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and Occupational Therapy Examiners; | ||
(13) Texas Optometry Board; | ||
(14) Texas State Board of Pharmacy; | ||
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Affairs; | ||
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ARTICLE 2. TEXAS APPRAISAL DISTRICT, APPOINTMENT TO APPRAISAL | ||
REVIEW BOARD, AND TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD | ||
SECTION 2.01. Section 411.1296, Government Code, is amended | ||
to read as follows: | ||
Sec. 411.1296. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: EMPLOYMENT BY APPRAISAL DISTRICT, |
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APPRAISAL REVIEW BOARD, AND APPLICANT TO TEXAS APPRAISER LICENSING | ||
AND CERTIFICATION BOARD. (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, |
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to obtain from the department criminal history record information | ||
maintained by the department that relates to a person who is an | ||
applicant for employment by the appraisal district, |
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appointment to the appraisal review board for the appraisal | ||
district, or a license or certification as an appraiser trainee, | ||
licensed residential appraiser, certified residential appraiser, | ||
certified general appraisal, or an appraisal management company | ||
regulated by the Texas Appraiser Licensing and Certification Board. | ||
(b) An appraisal district is not entitled to obtain under | ||
this section any information about a person if the appraisal | ||
district is entitled to obtain under another section of this | ||
subchapter any criminal history record information about the | ||
person. | ||
(c) The appraisal district may provide Texas criminal | ||
history record information obtained under this section to the local | ||
administrative district judge or to the appraisal review board | ||
commissioners appointed by the local administrative district | ||
judge. | ||
(d) Texas criminal history record information obtained by an | ||
appraisal district or the Texas Appraiser Licensing and | ||
Certification Board under Subsection (a) related to an applicant | ||
for employment by the appraisal district, appointment to the | ||
appraisal review board for the appraisal district, or a license or | ||
certification as an appraiser trainee, licensed residential | ||
appraiser, certified residential appraiser, certified general | ||
appraisal, or an appraisal management company regulated by the | ||
Texas Appraiser Licensing and Certification Board 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 | ||
(c). | ||
(e) After an individual is employed, licensed, or certified | ||
as described in this section, an appraisal district or the Texas | ||
Appraiser Licensing and Certification Board shall destroy the | ||
criminal history record information that relates to that | ||
individual. An appraisal district or the Texas Appraiser Licensing | ||
and Certification Board shall destroy the criminal history record | ||
information that relates to: | ||
(1) an applicant for licensure under (a); | ||
(2) an applicant for employment with an appraisal | ||
district or the Texas Appraiser Licensing and Certification Board | ||
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. | ||
(f) An appraisal district or the Texas Appraiser Licensing | ||
and Certification Board shall destroy criminal history record | ||
information that relates to an applicant who is not licensed or | ||
employed, as applicable. | ||
(g) An appraisal district or the Texas Appraiser Licensing | ||
and Certification Board is not prohibited from disclosing Texas | ||
criminal history record information obtained under Subsection (a) | ||
in a criminal proceeding or in a hearing conducted by an appraisal | ||
district or the Texas Appraiser Licensing and Certification Board. | ||
(h) In accordance with Section 411.087, an appraisal district | ||
or the Texas Appraiser Licensing and Certification Board may obtain | ||
criminal history record information from the Federal Bureau of | ||
Investigation identification division through the department. | ||
(i) Criminal history record information obtained by the | ||
Federal Bureau of Investigation shall not be disseminated. | ||
ARTICLE 3. TEXAS BOARD OF ARCHITECTURAL EXAMINERS | ||
SECTION 3.01. Chapter 411, Government Code, is amended by | ||
adding Section 411.### to read as follows: | ||
Sec. 411.###. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: TEXAS BOARD OF ARCHITECTURAL EXAMINERS. (a) The | ||
Texas Board of Architectural Examiners is entitled to obtain from | ||
the department criminal history record information maintained by | ||
the department that relates to: | ||
(1) a person who is: | ||
(A) an applicant for an architectural | ||
registration under Texas Occupations Code Chapter 1051; 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 Texas Occupations Code Chapter 1052; 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 Texas Occupations Code Chapter 1053; or | ||
(B) the holder of an interior design registration | ||
under that Chapter. | ||
(b) Texas criminal history record information obtained by the | ||
Texas Board of Architectural Examiners under Subsection (a) may not | ||
be released or disclosed to any person except on court order or as | ||
provided by Subsection (f). | ||
(c) After a person is registered, the Texas Board of | ||
Architectural Examiners shall destroy the criminal history record | ||
information that relates to that person. | ||
(d) If the Texas Board of Architectural Examiners receives | ||
updated criminal history record information from the department | ||
that relates to a person who holds an architectural, landscape | ||
architectural, or interior design registration, the Texas Board of | ||
Architectural Examiners shall destroy the criminal history record | ||
information after the check of the criminal history record | ||
information on that registration holder is completed. | ||
(e) The Texas Board of Architectural Examiners shall destroy | ||
criminal history record information that relates to an applicant | ||
who is not registered. | ||
(f) The Texas Board of Architectural Examiners is not | ||
prohibited from disclosing criminal history record information | ||
obtained under Subsection (a) in a criminal proceeding or in a | ||
hearing conducted by the Texas Board of Architectural Examiners or | ||
the State Office of Administrative Hearings, as applicable. | ||
(g) In accordance with Section 411.087 and/or Texas | ||
Occupations Code Section 1051.3041, the Texas Board of | ||
Architectural Examiners shall obtain criminal history record | ||
information from the Federal Bureau of Investigation | ||
identification division for all applicants and holders of | ||
architectural, landscape architectural, and interior design | ||
registrations. | ||
(h) Criminal history record information obtained by the | ||
Federal Bureau of Investigation shall not be disseminated. | ||
ARTICLE 4. HEALTH AND HUMAN SERVICES COMMISSION: OFFICE OF | ||
INSPECTOR GENERAL | ||
SECTION 4.01. 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 | ||
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 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. | ||
(b) Texas criminal history record information obtained by | ||
the commission or an agency under Subsection (a): | ||
(1) may not be released or disclosed to any person | ||
except in a criminal proceeding, in an administrative proceeding, | ||
on court order, or with the written consent of the provider or | ||
applicant; and | ||
(2) must be destroyed after it has been used to | ||
determine the eligibility of the provider or applicant to be a | ||
provider under Chapter 32, Human Resources Code. | ||
(c) In accordance with Section 411.087, the commission or an | ||
agency under Subsection (a) may obtain criminal history record | ||
information from the Federal Bureau of Investigation | ||
identification division. | ||
(d) Criminal history record information obtained by the | ||
Federal Bureau of Investigation shall not be disseminated. | ||
ARTICLE 5. STATE OFFICE OF ADMINISTRATIVE HEARINGS | ||
SECTION 5.01. Subchapter F, Chapter 411, Government Code, is | ||
amended by adding Section 411.1411 to read as follows: | ||
Sec. 411.1411. 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 from the department | ||
criminal history record information maintained by the department | ||
that relates to a person who is: | ||
(1) an employee of, or an applicant for employment | ||
with, the office; | ||
(2) a contractor, volunteer, or intern of the office, | ||
or an applicant to serve in one of those capacities; or | ||
(3) a current or proposed contractor or subcontractor | ||
of the office. | ||
(c) Texas criminal history record information obtained by | ||
the office under Subsection (b) 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. | ||
(d) The office shall destroy criminal history record | ||
information obtained under Subsection (b) that relates to: | ||
(1) an applicant for employment after that applicant is | ||
employed or, for an applicant who is not employed, after a final | ||
employment determination on that applicant is made; or | ||
(2) an employee, contractor, volunteer, or intern of | ||
the office, after the check of the criminal history record | ||
information on that person or entity is completed. | ||
(e) In accordance with Section 411.087, the office may | ||
obtain criminal history information from the Federal Bureau of | ||
Investigation identification division. | ||
(f) Criminal history record information obtained by the | ||
office from the Federal Bureau of Investigation shall not be | ||
disseminated. | ||
ARTICLE 6. TEXAS ALCOHOLIC BEVERAGE COMMISSION | ||
SECTION 6.01. Chapter 411, Government Code, is amended by | ||
adding Section 411.XXX to read as follows: | ||
Sec. 411.XXX. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION | ||
OF THE 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 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) Criminal history record information obtained by the | ||
commission under this section may only be released or disclosed as | ||
provided in Section 411.084(b). | ||
(c) This section may not be construed to limit the | ||
commission’s ability to obtain criminal history record information | ||
for criminal justice purposes or as otherwise authorized by other | ||
law. | ||
(d) 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. | ||
ARTICLE 7. TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL | ||
SECTION 7.01. Chapter 411, Government Code, is amended by | ||
adding Section 411.XXX to read as follows: | ||
SECTION 411.XXX. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL. (a) The | ||
executive council is entitled to obtain from the Department of | ||
Public Safety of the State of Texas, criminal history record | ||
information maintained by the department 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 of the Occupations Code; | ||
(2) a licensed marriage and family therapist or | ||
licensed marriage and family therapist associate under Chapter 502 | ||
of the Occupations Code; | ||
(3) a licensed professional counselor or licensed | ||
professional counselor associate under Chapter 503 of the | ||
Occupations Code; or | ||
(4) a licensed baccalaureate social worker, licensed | ||
master social worker, or licensed clinical social worker under | ||
Chapter 505 of the Occupations Code. | ||
(b) Texas criminal history record information obtained by | ||
the executive council under subsection (a) may not be released or | ||
disclosed to any person except on court order, with the written | ||
consent of the person that is the subject of the criminal history | ||
record information, or as provided by Subsection (f). | ||
(c) After a person is licensed, the executive council shall | ||
destroy the criminal history record information that relates to | ||
that person. | ||
(d) The executive council shall destroy criminal history | ||
record information that relates to an applicant who is not | ||
licensed. | ||
(e) After a license has been renewed or denied renewal, the | ||
executive council shall destroy criminal history record | ||
information that relates to the license holder renewing or | ||
attempting to renew the license. | ||
(f) The executive council is not prohibited from disclosing | ||
criminal history record information obtained under Subsection (a) | ||
in a criminal proceeding or in a hearing conducted by the executive | ||
council or State Office of Administrative Hearings. | ||
(g) In accordance with Section 411.087 of the Government | ||
Code, the executive council shall obtain criminal history record | ||
information from the Federal Bureau of Investigation | ||
identification division by fingerprint submission. | ||
(h) Criminal history record information obtained from the | ||
Federal Bureau of Investigation shall not be disseminated. | ||
ARTICLE 8. TEXAS DEPARTMENT OF MOTOR VEHICLES | ||
SECTION 8.01. Chapter 411, Government Code, is amended by | ||
adding Section 411.### to read as follows: | ||
Sec. 411.###. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: | ||
TEXAS DEPARTMENT OF MOTOR VEHICLES. (a) The Texas Department of | ||
Motor Vehicles is entitled to obtain from the department criminal | ||
history record information maintained by the department that | ||
relates to a person who is: | ||
(1) an applicant for or holds a general distinguishing | ||
number under Chapter 503, Transportation Code; | ||
(2) an applicant for or holds a license under Chapter | ||
2301 or Chapter 2302, Occupations Code; or | ||
(3) 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 | ||
Chapter 2302, Occupations Code. | ||
(b) Texas criminal history record information obtained by | ||
the Texas Department of Motor Vehicles under Subsection (a) 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 (c). | ||
(c) The Texas Department of Motor Vehicles is not prohibited | ||
from disclosing Texas criminal history record information obtained | ||
under Subsection (a) in a criminal proceeding or in a hearing in | ||
which the Texas Department of Motor Vehicles is a party. | ||
(d) In accordance with Section 411.087, the Texas Department | ||
of Motor Vehicles may obtain criminal history record information | ||
from the Federal Bureau of Investigation identification division. | ||
(e) Criminal history record information obtained from the | ||
Federal Bureau of Investigation shall not be disseminated. | ||
ARTICLE 9. TEXAS REAL ESTATE COMMISSION | ||
SECTION 9.01. Chapter 411, Government Code, is amended by | ||
adding Section 411.### to read as follows: | ||
Sec. 411.###. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: | ||
TEXAS REAL ESTATE COMMISSION AND TEXAS APPRAISER LICENSING AND | ||
CERTIFICATION BOARD. (a) In this section: | ||
(1) “Commission” means the Texas Real Estate | ||
Commission. | ||
(2) “Board” means the Texas Appraiser Licensing and | ||
Certification Board. | ||
(b) The commission is entitled to obtain from the department | ||
criminal history record information maintained by the department | ||
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 from the department | ||
criminal history record information maintained by the department | ||
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 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) Neither the commission or the board is prohibited from | ||
disclosing Texas criminal history record information obtained | ||
under Subsections (b) or (c) in a criminal proceeding or in a | ||
hearing conducted by the State Office of Administrative Hearings. | ||
(e) In accordance with Section 411.087, and Sections | ||
1101.3521, 1101.4521, 1101.5041, 1102.1051, and 1103.2031 | ||
Occupations Code, both the commission and board may obtain criminal | ||
history record information from the Federal Bureau of Investigation | ||
identification division. | ||
(f) Criminal history record information obtained by the | ||
Federal Bureau of Investigation shall not be disseminated. | ||
SECTION 9.02. Sec. 1101.002, Occupations Code, is amended by | ||
adding new subdivision (3-a) 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 9.03. Sec. 1101.501, Occupations Code, is amended as | ||
follows: | ||
Sec. 1101.501. CERTIFICATE REQUIRED. A person may not act as | ||
an easement or right-of-way agent [ |
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the person: | ||
(1) holds a license issued under this chapter; or | ||
(2) holds a certificate of registration issued under | ||
this subchapter. | ||
SECTION 9.04. Sec. 1101.5041, Occupations Code, is amended 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. | ||
ARTICLE 10. TEXAS STATE BOARD OF PLUMBING EXAMINERS | ||
SECTION 10.01. Chapter 411, Government Code, is amended by | ||
adding Section 411.XXX to read as follows: | ||
Sec. 411.XXX. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: Texas State Board of Plumbing Examiners. (a) The | ||
Texas State Board of Plumbing Examiners is entitled to obtain from | ||
the department criminal history record information maintained by | ||
the department that relates to an applicant for a license, | ||
registration, endorsement, or certificate under Chapter 1301, | ||
Texas Occupations Code, Plumbing License Law (PLL) including Master | ||
Plumber, Journeyman Plumber, Plumbing Inspector, Tradesman-Plumber | ||
Limited, Plumber’s Apprentice, Medical Gas Piping Installation | ||
Endorsement, Multipurpose Residential Fire Protection Sprinkler | ||
Specialist Endorsement, and Water Supply Protection Specialist | ||
Endorsement. | ||
(b) Texas criminal history record information obtained by | ||
the Texas State Board of Plumbing Examiners under Subsection (a) | ||
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 (e). | ||
(c) After the applicant is licensed, registered, endorsed, | ||
or certified, the Texas State Board of Plumbing Examiners shall | ||
destroy the criminal history record information that relates to | ||
that applicant. | ||
(d) The Texas State Board of Plumbing Examiners may destroy | ||
criminal history record information that relates to an applicant | ||
who is not licensed, registered, endorsed, or certified, as | ||
applicable. | ||
(e) The Texas State Board of Plumbing Examiners is not | ||
prohibited from disclosing Texas criminal history record | ||
information obtained under Subsection (a) in a criminal proceeding | ||
or in a hearing conducted by the Texas State Board of Plumbing | ||
Examiners. | ||
(f) In accordance with Section 411.087 and Chapter 1301, | ||
Texas Occupations Code, the Texas State Board of Plumbing Examiners | ||
shall obtain criminal history record information from the Federal | ||
Bureau of Investigation identification division. | ||
(g) Criminal history record information obtained by the | ||
Federal Bureau of Investigation shall not be disseminated. | ||
ARTICLE 11. TEXAS BOARD OF CHIROPRACTIC EXAMINERS | ||
SECTION 11.01. Chapter 411, Government Code, is amended by | ||
adding Section 411.XXX to read as follows: | ||
Sec. 411.XXX. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: | ||
TEXAS BOARD OF CHIROPRACTIC EXAMINERS. (a) The Texas Board of | ||
Chiropractic Examiners are entitled to obtain from the department | ||
criminal history record information maintained by the department | ||
that relates to: | ||
(1) a person who is an applicant for a license or | ||
registration under Texas Occupations Code Chapter 201; or | ||
(2) the holder of a license or registration under Texas | ||
Occupations Code Chapter 201. | ||
(b) Texas criminal history record information obtained by | ||
the Texas Board of Chiropractic Examiners under Subsection (a) 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 (e). | ||
(c) After an entity is licensed or registered, the Texas | ||
Board of Chiropractic Examiners shall destroy the criminal history | ||
record information that relates to that entity. | ||
(d) The Texas Board of Chiropractic Examiners shall destroy | ||
criminal history record information that relates to an applicant | ||
who is not licensed or registered, as applicable. | ||
(e) The Texas Board of Chiropractic Examiners is not | ||
prohibited from disclosing Texas criminal history record | ||
information obtained under Subsection (a) in a criminal proceeding | ||
or in a hearing conducted under the authority of the Texas Board of | ||
Chiropractic Examiners. | ||
(f) In accordance with Section 411.087, the Texas Board of | ||
Chiropractic Examiners shall obtain criminal history record | ||
information from the Federal Bureau of Investigation | ||
identification division. | ||
(g) Criminal history record information obtained by the | ||
Federal Bureau of Investigation shall not be disseminated. | ||
ARTICLE 12. TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY | ||
SECTION 12.01. 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 and | ||
the Federal Bureau of Investigation, pursuant to 901.169 of the | ||
Public Accountancy Act, Chapter 901 Occupations Code, criminal | ||
history record information maintained by the department and the | ||
Federal Bureau of Investigation that relates to |
||
(1) an individual, pursuant to Chapter 901 of the | ||
Occupations Code, who is: | ||
(A) |
||
applicant to take the uniform CPA examination under that Act |
||
(B) an applicant to be certified; | ||
(C) an applicant to be licensed; | ||
(D) an applicant to be reinstated; | ||
(E) an applicant to have a license renewed; | ||
(F) an applicant to become a non-CPA owner of a CPA | ||
firm; or | ||
(G) a license holder or non-CPA owner of a CPA | ||
firm. | ||
(b) Texas criminal history record information obtained by | ||
the board under Subsection (a) shall not be released or disclosed to | ||
any person except on court order, with the written consent of the | ||
person that is the subject of the criminal history record | ||
information, or as provided by Subsection (d). | ||
(c) After an individual’s application is approved or denied, | ||
or an investigation completed, the board shall destroy the criminal | ||
history record information that relates to that individual. | ||
(d) The board is not prohibited from disclosing Texas | ||
criminal history record information obtained under Subsection (a) | ||
in a criminal proceeding or in a hearing conducted by or on behalf | ||
of the board. | ||
(e) Criminal history record information obtained by the | ||
Federal Bureau of Investigation shall not be disseminated. | ||
ARTICLE 13. TEXAS OPTOMETRY BOARD | ||
SECTION 13.01. Chapter 411, Government Code, is amended by | ||
adding Section 411. ### to read as follows: | ||
Sec. 411.###. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: Texas Optometry Board. (a) The Texas Optometry Board | ||
is entitled to obtain from the department criminal history record | ||
information maintained by the department that relates to: | ||
(1) a person who is: | ||
(A) an applicant for a license under Section | ||
351.251, Texas Occupations Code; or | ||
(B) the holder of a license under Section | ||
351.302, Texas Occupations Code. | ||
(b) Texas criminal history record information obtained by | ||
the Texas Optometry Board under Subsection (a) shall 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 | ||
(e). | ||
(c) After a person is licensed, the Texas Optometry Board | ||
shall destroy the criminal history record information that relates | ||
to that person. | ||
(d) The Texas Optometry Board shall destroy criminal history | ||
record information that relates to an applicant who is not | ||
licensed, as applicable. | ||
(e) The Texas Optometry Board is not prohibited from | ||
disclosing Texas criminal history record information obtained | ||
under Subsection (a) in a criminal proceeding or in a hearing | ||
conducted by the Texas Optometry Board. | ||
(g) In accordance with Section 411.087, Sec. 351.2525, Texas | ||
Occupations Code, and Sec. 351.3045, Texas Occupations Code, the | ||
Texas Optometry Board shall obtain criminal history record | ||
information from the Federal Bureau of Investigation | ||
identification division. | ||
(h) Criminal history record information obtained by the | ||
Federal Bureau of Investigation shall not be disseminated. | ||
ARTICLE 14. EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND OCCUPATIONAL | ||
THERAPY EXAMINERS | ||
SECTION 14.01. Chapter 411, Government Code, is amended by | ||
adding Section 411.XXX to read as follows: | ||
Sec. 411.###. 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 from the | ||
department criminal history record information maintained by the | ||
department 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) Texas criminal history record information obtained | ||
by the Executive Council of Physical Therapy and Occupational | ||
Therapy Examiners under Subsection (a) 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 (f). | ||
(c) After a person is licensed, the Executive Council | ||
of Physical Therapy and Occupational Therapy Examiners shall | ||
destroy the criminal history record information that relates to | ||
that person. | ||
(d) The Executive Council of Physical Therapy and | ||
Occupational Therapy Examiners shall destroy criminal history | ||
record information that relates to an applicant who is not | ||
licensed. | ||
(e) After a license has been renewed or denied renewal, | ||
the Executive Council of Physical Therapy and Occupational Therapy | ||
Examiners shall destroy criminal history record information that | ||
relates to the license holder who is renewing or attempting to renew | ||
the license. | ||
(f) The Executive Council of Physical Therapy and | ||
Occupational Therapy Examiners is not prohibited from disclosing | ||
Texas criminal history record information obtained under | ||
Subsection (a) in a criminal proceeding or in a hearing conducted by | ||
the Executive Council of Physical Therapy and Occupational Therapy | ||
Examiners. | ||
(g) In accordance with Section 411.087, the Executive | ||
Council of Physical Therapy and Occupational Therapy Examiners | ||
shall obtain criminal history record information from the Federal | ||
Bureau of Investigation identification division. | ||
(h) Criminal history record information obtained by the | ||
Federal Bureau of Investigation shall not be disseminated. | ||
ARTICLE 15. HEALTH AND HUMAN SERVICES | ||
SECTION 15.01. Section 411.110, Government Code, is amended | ||
to read as follows: | ||
Sec. 411.110. 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 are entitled to obtain from | ||
the department criminal history record information maintained by | ||
the department that relates to a person who is required to be | ||
fingerprinted and: | ||
(1) |
||
(A) an applicant for a license or certificate | ||
under 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 Act; or | ||
(C) the holder of a license or certificate under | ||
that Act; | ||
(2) is an applicant for a license or a license holder | ||
under Subchapters I, L or N, Chapter 431, Health and | ||
Safety Code; | ||
(3) is 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) is an applicant for employment at, current employee | ||
of, or person who contracts or may contract to provide goods | ||
or services with the Council on Sex Offender Treatment or | ||
other division or component of the Health and Human Services | ||
Commission that monitors sexually violent predators as | ||
described by Section 841.003(a), Health and Safety Code; |
||
(5) is 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 |
||
(6) is an applicant for a license or a license holder | ||
under Subchapter C, Chapter 443, Health and Safety Code. | ||
(b) Texas |
||
the Department of State Health Services or the Health and Human | ||
Services Commission under Subsection (a) may not be released or | ||
disclosed to any person except: | ||
(1) on court order, | ||
(2) with the written consent of the person or entity | ||
that is the subject of the criminal history record information, | ||
(3) by either the Department of State Health Services or | ||
the Health and Human Services Commission that is sharing with the | ||
other agency information obtained under this section for the | ||
purposes authorized by this section; or | ||
(4) |
||
(c) 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 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. | ||
(d) The Department of State Health Services or the Health and | ||
Human Services Commission, as applicable, shall destroy criminal | ||
history record information that relates to an applicant who is not | ||
certified or employed, as applicable. | ||
(e) The Department of State Health Services or the Health and | ||
Human Services Commission is not prohibited from disclosing Texas | ||
criminal history record information obtained under Subsection (a) | ||
in a criminal proceeding or in a hearing conducted by the Department | ||
of State Health Services or the Health and Human Services | ||
Commission, as applicable. | ||
(f) The Department of State Health Services or the Health and | ||
Human Services 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. | ||
(g) In accordance with 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 may obtain | ||
criminal history record information from the Federal Bureau of | ||
Investigation identification division. | ||
(h) Criminal history record information obtained by the | ||
Federal Bureau of Investigation shall not be disseminated. | ||
SECTION 15.02. Section 411.1103, Government Code, is amended | ||
to read as follows: | ||
Sec. 411.1103 ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: | ||
COMMISSION AND PERSONNEL AT STATE HOSPITALS. (a) The |
||
is |
||
Subsection (b) criminal history record information maintained by | ||
the department that relates to a person: | ||
(1) who is required to be fingerprinted and 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 |
||
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 is required to be fingerprinted and who would be | ||
placed in direct contact with a patient at a state hospital | ||
established under Chapter 552, Health and Safety Code. | ||
(b) 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 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). | ||
|
||
and Human Services Commission may not release or disclose to any | ||
entity, public or private, criminal history record information | ||
obtained under Subsection (b)(1). Texas |
||
information obtained by the |
||
(1) on court order; | ||
(2) with the consent of the person who is the subject of | ||
the criminal history record information; | ||
(3) for purposes of an administrative hearing held by | ||
the |
||
Services Commission |
||
the subject of the criminal history record information; or | ||
(4) as provided by Subsection (d) |
||
|
||
and Human Services Commission is not prohibited from releasing | ||
criminal history record information obtained under Subsection | ||
(d)(2) |
||
history record information. | ||
(e) The Health and Human Services Commission 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; | ||
(2) an employee or contractor after the check of the | ||
criminal history record information on that employee or contractor | ||
is completed; or | ||
(3) a volunteer after the check or the criminal history | ||
record information is completed. | ||
|
||
obtaining and using criminal history record information as provided | ||
by other law. | ||
SECTION 15.03. Section 411.1105, Government Code, is amended | ||
to read as follows: | ||
Sec. 411.1105 ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: | ||
COMMISSION. (a) The |
||
Health and Human Services Commission is |
||
the department as provided by Subsection (b) criminal history | ||
record information maintained by the department that relates to a | ||
person who is required to be fingerprinted and 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. | ||
(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 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). | ||
(c) In addition to information obtained from the Federal | ||
Bureau of Investigation under Section 411.087 and consistent with | ||
the public policy of this state, the |
||
entitled to obtain information relating to the wanted persons | ||
status of an individual listed in Subsection (a). | ||
and Human Services Commission under Subsection (b)(1) may not be | ||
released or disclosed to any other person or entity, public or | ||
private. Criminal history record information obtained by the | ||
Commission under Subsection (b)(2) |
||
disclosed to any person or entity, public or private, except |
||
(1) on court order |
||
(2) with the consent of the person who is the subject of | ||
the criminal history record information |
||
(3) as provided by Subsection (e) |
||
(e) |
||
and Human Services Commission |
||
applicant or licensee with a copy of the person's criminal history | ||
record information obtained from the Department of Public Safety |
||
another law enforcement agency. | ||
(f) The Health and Human Services Commission shall destroy | ||
the criminal history record information that relates to: | ||
(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, | ||
under Subsection (a) (1) after the check of the criminal history | ||
record information on that applicant is completed; or | ||
(2) the holder of a license, registration, or | ||
certification under that chapter after the check of the criminal | ||
history record information on that holder is completed. | ||
(g) 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 15.04. Section 411.1106, Government Code, is amended | ||
to read as follows: | ||
Sec. 411.1106. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: HEALTH AND HUMAN SERVICES COMMISSION. (a) In this | ||
section, "commission" means the Health and Human Services | ||
Commission. | ||
(b) The executive commissioner of the commission, or the | ||
executive commissioner's designee, is entitled to obtain from the | ||
department criminal history record information maintained by the | ||
department as provided by Subsection (c) that relates to a person | ||
who is required to be fingerprinted and who is: | ||
(1) an applicant for employment, an employee, a | ||
contractor, an applicant for a volunteer position, or a volunteer | ||
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 by Section 531.008(d); or | ||
(B) the commission's office of inspector general | ||
as established by Section 531.008(c)(2) and Subchapter C, Chapter | ||
531; or | ||
(C) the regulatory services division of the | ||
commission as established by Section 531.008(c)(3); or | ||
(2) an employee of the commission who has access | ||
to sensitive personal or financial information, as determined by | ||
the executive commissioner. | ||
(c) 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 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 | ||
(b). | ||
|
||
commission under Subsection (c)(1) may not be released or disclosed | ||
to any other person or entity, public or private. Criminal history | ||
record information obtained by the executive commissioner of the | ||
commission, or by the executive commissioner's designee, under | ||
Subsection (c)(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 (e) [(d)]. | ||
|
||
criminal history record information obtained under Subsection | ||
the commission. | ||
|
||
record information obtained under Subsection |
||
practicable after the information is used for its authorized | ||
purpose. | ||
|
||
obtaining and using criminal history record information as provided | ||
by other law. | ||
SECTION 15.05. 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 as provided by Subsection (b) criminal history record | ||
information maintained by the department that relates to a person | ||
who is required to be fingerprinted and 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. | ||
(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 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). | ||
(c) [(b)] Criminal history record information obtained | ||
by the Health and Human Services Commission under Subsection (b) | ||
[(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 (b)(2) to a | ||
private entity described by Subsection (a) for that purpose. | ||
(d) [(c)] The Health and Human Services Commission may | ||
not release or disclose information obtained under Subsection | ||
(b)(1) to any other person or entity, public or private. The Health | ||
and Human Services Commission may not release or disclose | ||
information obtained under Subsection (b)(2) [(a)], except on court | ||
order or with the consent of the person who is the subject of the | ||
criminal history record information, and shall destroy all criminal | ||
history record information obtained under Subsection (b) [(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 15.06. Section 411.114, Government Code, is amended | ||
to read as follows: | ||
Sec. 411.114 ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: | ||
DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES AND HEALTH AND HUMAN | ||
SERVICES COMMISSION. (a)(1) In this subsection: | ||
(A) "Child," "child-care facility," "child-placing | ||
agency," "facility," and "family home" have the meanings assigned | ||
by Section 42.002, Human Resources Code. | ||
(A-1) "Department of Family and Protective Services" | ||
includes: | ||
(i) the Department of Family and Protective | ||
Services as authorized by Section 40.002, Human Resources Code; and | ||
(ii) any person or entity acting as an authorized | ||
agent of the Department of Family and Protective Services. | ||
(B) "Elderly person" has the meaning assigned by | ||
Section 48.002, Human Resources Code. | ||
(D) "Person with a disability" has the meaning assigned | ||
by Section 48.002, Human Resources Code. | ||
(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 | ||
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 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 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 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 who is required to | ||
be fingerprinted and who is described by Subdivision (2) or (3); and | ||
(B) 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 | ||
Subdivision (2) or (3). Law enforcement entities shall expedite the | ||
furnishing of such information 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. | ||
(5) The Department of Family and Protective Services or | ||
the Health and Human Services Commission may not use the authority | ||
granted under this section to harass an employee or volunteer. The | ||
commissioner of the Department of Family and Protective Services or | ||
the executive commissioner of the Health and Human Services | ||
Commission, as applicable, shall adopt rules to prevent the | ||
harassment of an employee or volunteer through the request and use | ||
of criminal records. | ||
(6) Criminal history record information obtained by the | ||
Department of Family and Protective Services or the Health and | ||
Human Services Commission under 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; | ||
(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 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. | ||
(8) The Department of Family and Protective Services or | ||
the Health and Human Services Commission may only release to a | ||
person described by Subdivision (7)(B), (C), or (D) criminal | ||
history record information that that department or commission | ||
obtains from the Department of Public Safety's computerized | ||
criminal history system. | ||
(b) The failure or refusal to provide a complete set of | ||
fingerprints or a complete name on request constitutes good cause | ||
for dismissal or refusal to hire, as applicable, with regard to a | ||
volunteer of or an employee or applicant for permanent or temporary | ||
employment with the Department of Family and Protective Services or | ||
the Health and Human Services Commission, as applicable, or a | ||
facility, home, business, or other entity, if the volunteer | ||
position, employment, or potential employment involves direct | ||
interaction with or the opportunity to interact and associate with | ||
children. | ||
(c) The Department of Family and Protective Services or the | ||
Health and Human Services Commission, as applicable, may charge an | ||
organization or person that requests criminal history record | ||
information under Subsection (a)(3) a fee in an amount necessary to | ||
cover the costs of obtaining the information on the organization's | ||
or person's behalf. | ||
SECTION 15.07. Section 411.1142, Government Code, is amended | ||
to read as follows: | ||
Sec. 411.1142. ACCESS TO CRIMINAL HISTORY RECORD: EARLY | ||
CHILDHOOD INTERVENTION PROGRAM WITHIN HEALTH AND HUMAN SERVICES | ||
COMMISSION. (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 (b) [maintained by the | ||
Department of Public Safety, the Federal Bureau of Investigation | ||
identification division, or another law enforcement agency] that | ||
relates to an employee or an applicant for permanent, temporary, or | ||
consultative employment or for volunteer 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. | ||
(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 who | ||
is required to be fingerprinted; 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). | ||
(c) Criminal history record information obtained by the | ||
Health and Human Services Commission under Subsection (b)(1) may | ||
not be released or disclosed to any other person or entity, public | ||
or private. Criminal history record information obtained by the | ||
Health and Human Services Commission under Subsection (b)(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) as provided by Subsection (e) [(d)]. | ||
(d) [(c)] The Health and Human Services Commission shall | ||
destroy criminal history record information that relates to a | ||
person after the information is used for its authorized purpose. | ||
(e) [(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. | ||
(f) [(e)] The failure or refusal to provide a complete set of | ||
fingerprints or a complete name on request constitutes good cause | ||
for dismissal or refusal to hire, as applicable, with regard to | ||
program employees, professional consultants, and applicants for | ||
permanent, temporary, or consultative employment or for volunteer | ||
positions whose employment or potential employment or volunteer | ||
position with the Health and Human Services Commission 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. | ||
SECTION 15.08. 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 | ||
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. | ||
(b) 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 described Subsection (a) and who is | ||
required to be fingerprinted; 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). | ||
(c) [(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. | ||
(d) ([b]) Criminal history record information obtained by the | ||
Health and Human Services Commission or the office of inspector | ||
general under Subsection (b)(1) may not be released or disclosed to | ||
any other person or entity, public or private. Criminal history | ||
record information obtained by the Health and Human Services | ||
Commission or the office of inspector general commission or an | ||
agency under Subsection (b)(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. | ||
(e) 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. | ||
(f) 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. | ||
SECTION 15.09. 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 | ||
as provided by Subsection (b) criminal history record information | ||
maintained by the department that relates to a person: | ||
(1) who is required to be fingerprinted and 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 is required to be fingerprinted and 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) [(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 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). | ||
(c) [(b)] Criminal history record information obtained by the | ||
Health and Human Services Commission under Subsection (b)(1) may | ||
not be released or disclosed to any other person or entity, public | ||
or private. Criminal history record information obtained by the | ||
Health and Human Services Commission [an agency] under Subsection | ||
(b)(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; | ||
(4) as provided by Subsection (d) [(c)]. | ||
(d) [(c)] The Health and Human Services Commission is | ||
prohibited from releasing criminal history record information | ||
obtained under Subsection (b)(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 | ||
(b)(2) [(a) or (d)] to the person who is the subject of the criminal | ||
history record information. | ||
(e) 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. | ||
(f) [(e)] This section does not prohibit an agency from | ||
obtaining and using criminal history record information as provided | ||
by other law. | ||
SECTION 15.10. Sec. 411.115. ACCESS TO CRIMINAL HISTORY | ||
RECORD INFORMATION: DEPARTMENT OF STATE HEALTH SERVICES AND HEALTH | ||
AND HUMAN SERVICES COMMISSION; LOCAL AUTHORITIES; COMMUNITY | ||
CENTERS. (a) In this section, "local mental health authority," | ||
"local intellectual and developmental disability authority," and | ||
"community center" have the meanings assigned by Section 531.002, | ||
Health and Safety Code. | ||
(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 as provided | ||
by Subsection (c) criminal history record information 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 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 described Subsection (b) and who is | ||
required to be fingerprinted; 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 (b). | ||
(d) 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)(1) may not be released or | ||
disclosed to any other person or entity, public or private. | ||
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 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 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 15.11. Subchapter F, Chapter 411, Government Code, is | ||
amended by adding Section 411.1161 to read as follows: | ||
Section 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 as provided by Subsection (d) criminal | ||
history record information that relates to a person who is required | ||
to be fingerprinted and 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 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). | ||
(c) Criminal history record information obtained by the | ||
Health and Human Services Commission under Subsection (b)(1) may | ||
not be released or disclosed to any other person or entity, public | ||
or private. 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; | ||
(4) as provided by Subsection (d). | ||
(d) The Health and Human Services Commission is prohibited | ||
from releasing criminal history record information obtained under | ||
Subsection (b)(1) to the person who is the subject of the criminal | ||
history record information. 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. | ||
(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. | ||
(g) 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 12. Sec. 411.13861. 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 of Public Safety as provided by | ||
Subsection (b) criminal history record information maintained by | ||
the Department of Public Safety that relates to a person: | ||
(1) 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. | ||
(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 who | ||
is required to be fingerprinted; 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). | ||
(c) [(b)] Criminal history record information obtained under | ||
Subsection (a) is for the exclusive use of the Health and Human | ||
Services Commission and is privileged and confidential. | ||
(d) [(c)] Criminal history record information obtained by the | ||
Health and Human Services Commission under Subsection (b)(1) may | ||
not be released or disclosed to any other person or entity, public | ||
or private. Criminal history record information obtained by the | ||
Health and Human Services Commission under Subsection (b)(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. The Health and Human Services Commission may | ||
destroy the criminal history record information after the | ||
information is used for the purposes authorized by this section. | ||
(e) [(d)] 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) [(e)] In this section, "ward" has the meaning assigned by | ||
Section 1002.030, Estates Code. | ||
(g) [(f)] Notwithstanding Subsection (d) [(c)], the Health | ||
and Human Services Commission shall destroy information obtained | ||
under Subsection (a)(3) or (4) after the information is used for the | ||
purposes authorized by this section. | ||
SECTION 13. Sec. 411.1387. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: FACILITY, REGULATORY AGENCY, OR PRIVATE AGENCY. (a) In | ||
this section, "facility," "regulatory agency," and "private | ||
agency" have the meanings assigned by Section 250.001, Health and | ||
Safety Code. | ||
(b) A regulatory agency is entitled to obtain from the | ||
department as provided by Subsection (c) criminal history record | ||
information maintained by the department that relates to a person | ||
who is: | ||
(1) an applicant for employment at or an employee | ||
of a facility other than a facility licensed under Chapter | ||
142, Health and Safety Code; or | ||
(2) an applicant for employment at or an employee | ||
of a facility licensed under Chapter 142, Health and Safety | ||
Code, if the duties of employment involve direct contact with | ||
a consumer in the facility. | ||
(c) Subject to Section 411.087 and consistent with the public | ||
policy of this state, a regulatory 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 who | ||
is required to be fingerprinted; 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). | ||
(d) [(b-1)] A facility or a private agency on behalf of a | ||
facility is entitled to obtain from the department as provided by | ||
Subsection (e) criminal history record information maintained by | ||
the department that relates to a person who is: | ||
(1) an applicant for employment with, an employee of, or | ||
a volunteer with the facility; | ||
(2) an applicant for employment with or an employee of a | ||
person or business that contracts with the facility; or | ||
(3) a student enrolled in an educational program or | ||
course of study who is at the facility for educational purposes. | ||
(e) Subject to Section 411.087 and consistent with the public | ||
policy of this state, a facility or a private agency on behalf of a | ||
(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 who | ||
is required to be fingerprinted; 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). | ||
(f) [(c)] A facility may: | ||
(1) obtain directly from the department criminal history | ||
record information on a person described by Subsection (d) [(b-1)]; | ||
or | ||
(2) authorize a private agency to obtain that information | ||
from the department. | ||
(g) [(d)] A private agency obtaining criminal history record | ||
information on behalf of a facility under Subsection (c) shall | ||
forward the information received to the facility requesting the | ||
information. | ||
(h) [(e)] Criminal history record information obtained by a | ||
facility or regulatory agency under Subsections (c)(1) and (e)(1) | ||
may not be released or disclosed to any other person or entity, | ||
public or private. Criminal history record information obtained by | ||
a facility, regulatory agency, or private agency on behalf of a | ||
facility under Subsections (c)(2) and (e)(2) [(b) or (b-1)] 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. | ||
(i) Criminal history record information obtained by a | ||
facility, regulatory agency, or private agency on behalf of a | ||
facility under this section shall be destroyed after the | ||
information is used for its authorized purpose. | ||
(j) This section does not prohibit a facility, regulatory | ||
agency, or private agency on behalf of a facility from obtaining and | ||
using criminal history record information as provided by other law. | ||
SECTION 15.14. To the extent of any conflict, this Act | ||
prevails over another Act of the 86th Legislature, Regular Session, | ||
2019, relating to nonsubstantive additions to and corrections in | ||
enacted codes. | ||
ARTICLE 16. TEXAS BOARD OF NURSING | ||
Sec. 411.125. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: TEXAS BOARD OF NURSING. The Texas Board of Nursing is | ||
entitled to obtain from the department criminal history record | ||
information 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 accepted for enrollment in a nursing educational | ||
program that prepares the person for licensure as a vocational, | ||
registered, or advanced practice registered nurse; or | ||
(4) [(3)] is subject to investigation by the board in | ||
connection with a complaint or formal charge against the person. | ||
(b) Texas criminal history record information obtained by | ||
the Texas Board of Nursing under Subsection (a) 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 the Occupations Code Chapter 304; | ||
(3) with the written consent of the person or entity | ||
that is the subject of the criminal history record information; or | ||
(4) as provided by Subsection (d). | ||
(c) 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. | ||
(d) The Texas Board of Nursing is not prohibited from | ||
disclosing Texas criminal history record information obtained | ||
under Subsection (a) in a criminal proceeding, a contested case | ||
proceeding conducted by the State Office of Administrative | ||
Hearings, or as part of an appeal of a contested case proceeding. | ||
(e) In addition to the information to which the board is | ||
entitled under Section 411.125 and this section, the board may | ||
request and receive criminal history record information from the | ||
Federal Bureau of Investigation in accordance with Section 411.087. | ||
(f) Criminal history record information obtained by the | ||
Federal Bureau of Investigation shall not be disseminated. | ||
Sec. 301.2511. CRIMINAL HISTORY RECORD INFORMATION FOR | ||
LICENSE APPLICANTS. | ||
(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. | ||
(b) The board may deny a license to an applicant who does not | ||
comply with the requirement of Subsection (a). Issuance of a | ||
license by the board is conditioned on the board obtaining the | ||
applicant's criminal history record information under this | ||
section. | ||
(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 [ |
||
practice registered [ |
||
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. | ||
ARTICLE 17. TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS | ||
Sec. 411.0995. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: |
||
(a) The |
||
entitled to obtain from the department criminal history record | ||
information maintained by the department that relates to a person | ||
who is: | ||
(1) an applicant for a license or certificate under the | ||
Veterinary Licensing Act, Chapter 801 of the Texas Occupations | ||
Code; |
||
(2) the holder of a license or certificate under that | ||
(3) 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 | ||
(4) an employee or contractor after the check of the | ||
criminal history record information on that employee or contractor | ||
is completed. | ||
(b) Texas criminal history record information obtained by | ||
the |
||
Subsection (a) 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 (e). | ||
(c) After an individual is licensed or certified, the Texas | ||
Board of Veterinary Medical Examiners, shall destroy the criminal | ||
history record information that relates to that individual. The | ||
Texas Board of Veterinary Medical Examiners shall destroy the | ||
criminal history record information that relates to: | ||
(d) The Texas Board of Veterinary Medical Examiners shall | ||
destroy criminal history record information that relates to an | ||
applicant who is not certified or employed, as applicable. | ||
(e) The Texas Board of Veterinary Medical Examiners is not | ||
prohibited from disclosing Texas criminal history record | ||
information obtained under Subsection (a) in a criminal proceeding | ||
or in a hearing conducted by the Texas Board of Veterinary Medical | ||
Examiners. | ||
(g) In accordance with Section 411.087 the Texas Board of | ||
Veterinary Medical Examiners may obtain criminal history record | ||
information from the Federal Bureau of Investigation | ||
identification division. | ||
(h) Criminal history record information obtained by the | ||
Federal Bureau of Investigation shall not be disseminated. | ||
ARTICLE 18. TEXAS DEPARTMENT OF INSURANCE | ||
SECTION 18.01. 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 [ |
||
department criminal history record information 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 [ |
||
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. | ||
(b) Texas |
||
the Texas Department of Insurance under Subsection (a) may not be | ||
disclosed or released to any person except on court order, [ |
||
the written consent of the person who is the subject of the criminal | ||
history record information, or as provided by Subsection(d). | ||
(c) After the Texas Department of Insurance makes a | ||
determination as to the issuance of a license or certificate of | ||
authority to an applicant or as otherwise authorized by statute, | ||
the Texas Department of Insurance shall destroy [seal] the criminal | ||
history record information in its possession regarding the | ||
applicant |
||
(d) The Texas Department of Insurance is not prohibited from | ||
disclosing Texas criminal history record information obtained | ||
under Subsection (a) in a criminal proceeding or in a hearing | ||
conducted by the Texas Department of Insurance. | ||
(e) In accordance with Section 411.087, the Texas Department | ||
of Insurance may obtain criminal history record information from | ||
the Federal Bureau of Investigation identification division. | ||
(f) The Texas Department of Insurance |
||
disseminate criminal history record information obtained from the | ||
Federal Bureau of Investigation. | ||
SECTION 17.02. 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 |
||
(b) A receiver is entitled to obtain from the department | ||
criminal history record information maintained by the department | ||
that relates to a person who: | ||
(1) is a creditor or claimant of the receivership | ||
estate; or | ||
(2) the receivership estate has a claim against [ |
||
(c) Texas criminal history record information obtained | ||
by a receiver under Subsection (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 |
||
record information obtained by the receiver under Subsection (b) | ||
before termination of the receivership and the receiver’s discharge | ||
[ |
||
(e) In accordance with Section 411.087, the receiver may | ||
obtain criminal history record information from the Federal Bureau | ||
of Investigation identification division. | ||
(f) The receiver may not disseminate criminal history record | ||
information obtained from the Federal Bureau of Investigation. | ||
SECTION 18.03. Subchapter F, Chapter 411, Government Code, | ||
is amended by adding Section 411.### to read as follows: | ||
Sec. 411.###. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: | ||
STATE FIRE MARSHAL. (a) The state fire marshal is entitled to obtain | ||
from the department criminal history record information maintained | ||
by the department that relates to a person who is an applicant for a | ||
license or other authorization issued by the state fire marshal to | ||
engage in an activity regulated under the Insurance Code or the | ||
Occupations Code. | ||
(b) Texas criminal history record information obtained by | ||
the state fire marshal under Subsection (a) 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). | ||
(c) After the state fire marshal makes a determination as to | ||
the issuance of a license or other authorization to an applicant as | ||
provided by statute, the state fire marshal shall destroy the | ||
criminal history record information in its possession regarding the | ||
applicant. | ||
(d) The state fire marshal is not prohibited from disclosing | ||
criminal history record information obtained under Subsection (a) | ||
in a criminal proceeding or in a hearing conducted by the state fire | ||
marshal. | ||
(e) In accordance with Section 411.087, the state fire | ||
marshal may obtain criminal history record information from the | ||
Federal Bureau of Investigation identification division. | ||
(f) The state fire marshal |
||
history record information obtained from the Federal Bureau of | ||
Investigation. | ||
ARTICLE 19. TEXAS FUNERAL SERVICE COMMISSION | ||
Sec. 411.###. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: | ||
Texas Funeral Service Commission. (a) The Texas Funeral Service | ||
Commission is entitled to obtain from the department criminal | ||
history record information maintained by the department that | ||
relates to: | ||
(1) a person who is: | ||
(A) an applicant for a license or certificate | ||
under Sections 651.259(e) and 651.302(d), Occupations Code; | ||
(B) the holder of a license or certificate under | ||
that Act; | ||
(2) an applicant for a license or a license holder | ||
under Chapter 651, Occupations Code; | ||
Sec. 411.###. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: | ||
TEXAS FUNERAL SERVICE COMMISSION. (a) Texas Funeral Service | ||
Commission is entitled to obtain from the department criminal | ||
history record information maintained by the department that | ||
relates to: | ||
(1) a person who is: | ||
(A) an applicant for a license or certificate | ||
under the Occupations Code, Subtitle L. Crematory Services, Funeral | ||
Directing, And Embalming (Chapter 651, Crematory Services, Funeral | ||
Directing, And Embalming); | ||
(B) the holder of a license or certificate under | ||
that Act; | ||
(2) an applicant for a license or a license holder | ||
under Subchapter D, Subchapter F, Subchapter G, Subchapter H, | ||
Subchapter I, Subchapter J, Subchapter K, and Subchapter N, Chapter | ||
651, Occupations Code; | ||
(3) an applicant for employment at or current employee | ||
of: | ||
(A) the Texas Funeral Service Commission | ||
(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) Criminal history record information obtained by the | ||
Texas Funeral Service Commission under Subsection (a) 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 | ||
(e). | ||
(c) After an entity is licensed or certified, the Texas | ||
Funeral Service Commission shall destroy the criminal history | ||
record information that relates to that entity. The Texas Funeral | ||
Service Commission 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. | ||
(d) The Texas Funeral Service Commission shall destroy | ||
criminal history record information that relates to an applicant | ||
who is not certified or employed, as applicable. | ||
(e) The Texas Funeral Service Commission is not prohibited | ||
from disclosing criminal history record information obtained under | ||
Subsection (a) in a criminal proceeding or in a hearing conducted by | ||
the Texas Funeral Service Commission. | ||
(f) 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. | ||
(g) Texas criminal history record information obtained by the | ||
Texas Funeral Service Commission under Subsection (a) 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 | ||
(e). | ||
(h) After an entity is licensed or certified, the Texas | ||
Funeral Service Commission, shall destroy the criminal history | ||
record information that relates to that entity. The Texas Funeral | ||
Service Commission 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. | ||
(i) The Texas Funeral Service Commission shall destroy | ||
criminal history record information that relates to an applicant | ||
who is not certified or employed, as applicable. | ||
(j) The Texas Funeral Service Commission is not prohibited | ||
from disclosing criminal history record information obtained under | ||
Subsection (a) in a criminal proceeding or in a hearing conducted by | ||
the Texas Funeral Service Commission. | ||
(k) In accordance with Section 411.087, the Texas Funeral | ||
Service Commission shall obtain criminal history record | ||
information from the Federal Bureau of Investigation | ||
identification division. | ||
(l) Criminal history record information obtained by the | ||
Federal Bureau of Investigation shall not be disseminated. | ||
ARTICLE 20. STATE BOARD FOR EDUCATOR CERTIFICATION AND TEXAS | ||
EDUCATION AGENCY | ||
Sec. 411.090. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: | ||
STATE BOARD FOR EDUCATOR CERTIFICATION. (a) The State Board for | ||
Educator Certification is entitled to obtain from the department | ||
any criminal history record information 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. | ||
(b) Texas criminal history record information obtained by the | ||
board 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) the person who is the subject of the | ||
information; | ||
(B) the Texas Education Agency; | ||
(C) a local or regional educational entity as | ||
provided by Section 411.097; or | ||
(D) by court order; | ||
(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. | ||
(c) The department shall notify the State Board for Educator | ||
Certification of the arrest of any educator, as defined by Section | ||
5.001, Education Code, who has fingerprints on file with the | ||
department. Any record of the notification and any information | ||
contained in the notification is not subject to disclosure as | ||
provided by Chapter 552. | ||
(d) The State Board for Educator Certification is not | ||
prohibited from disclosing Texas criminal history record | ||
information obtained under Subsection (a) in a criminal proceeding | ||
or in a hearing conducted by the Texas Education Agency or State | ||
Board for Educator Certification. | ||
(e) In accordance with Section 411.087 the State Board for | ||
Educator Certification shall obtain criminal history record | ||
information from the Federal Bureau of Investigation | ||
identification division. | ||
(f) Criminal history record information obtained by the | ||
Federal Bureau of Investigation shall not be disseminated. | ||
Sec. 411.0901. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: TEXAS EDUCATION AGENCY. (a) The Texas Education | ||
Agency is entitled to obtain criminal history record information | ||
maintained by the department about a person who: | ||
(1) is employed or is an applicant for employment by | ||
the Texas Education Agency; or | ||
(2[ |
||
a school district or open-enrollment charter school; | ||
(3) is subject to placement on the Registry of Persons | ||
Not Eligible for Employment in Public Schools under Section 22.092, | ||
Subchapter C-1, Chapter 22, Texas Education Code; | ||
(4 [ |
||
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 | ||
(5 [ |
||
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 continuing duties | ||
related to the contracted or subcontracted services, and has or | ||
will have direct contact with students; or |
||
(6) 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. | ||
|
||
|
||
(b) Texas criminal history record information obtained by | ||
the agency 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; | ||
(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 Texas criminal history record information obtained | ||
under Subsection (a) in a criminal proceeding or in a hearing | ||
conducted by the Texas Education Agency or State Board for Educator | ||
Certification. | ||
(d) In accordance with Section 411.087, the Texas Education | ||
Agency shall obtain criminal history record information from the | ||
Federal Bureau of Investigation identification division. | ||
(e) Criminal history record information obtained by the | ||
Federal Bureau of Investigation shall not be disseminated. | ||
Sec. 411.097. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: | ||
LOCAL AND REGIONAL EDUCATIONAL ENTITIES. (a) A school district, | ||
charter school, private school, regional education service center, | ||
commercial transportation company, or education shared services | ||
arrangement is entitled to obtain from the department criminal | ||
history record information 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 |
||
(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 |
||
(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 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 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. | ||
(d) Texas criminal history record information obtained by a | ||
school district, charter school, private school, service center, | ||
commercial transportation company, or shared services arrangement | ||
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; | ||
(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. | ||
(e) If a regional education service center or | ||
commercial transportation company that receives criminal history | ||
record information from the department under this section requests | ||
the information by providing to the department a list, including | ||
the name, date of birth, and any other personal descriptive | ||
information required by the department for each person, through | ||
electronic means, magnetic tape, or disk, as specified by the | ||
department, the department may not charge the service center or | ||
commercial transportation company more than the lesser of: | ||
(1) the department's cost for providing the | ||
information; or | ||
(2) the amount prescribed by another law. | ||
(f) An employee of 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 may | ||
request from the employer a copy of any criminal history record | ||
information relating to that employee that the employer has | ||
obtained as provided by Subchapter C, Chapter 22, Education Code. | ||
The employer may charge a fee to an employee requesting a copy of | ||
the information in an amount not to exceed the actual cost of | ||
copying the requested criminal history record information. | ||
(g) A school district, charter school, private school, | ||
regional education service center, commercial transportation | ||
company, or education shared services arrangement is not prohibited | ||
from disclosing Texas criminal history record information obtained | ||
under Subsection (a) in a criminal proceeding or in a hearing | ||
conducted by the Texas Education Agency or State Board for Educator | ||
Certification. | ||
(h) In accordance with Section 411.087 a school district, | ||
charter school, regional education service center, commercial | ||
transportation company, or education shared services arrangement | ||
shall obtain criminal history record information from the Federal | ||
Bureau of Investigation identification division. | ||
(i) Criminal history record information obtained by the | ||
Federal Bureau of Investigation shall not be disseminated. | ||
411.XXXX ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: | ||
QUALIFIED SCHOOL CONTRACTORS | ||
(a) In this section: | ||
(1) "Qualified school contractor" is an entity that | ||
(A) contracts or subcontracts to provide services | ||
to a school district, charter school, or shared services | ||
arrangement; and | ||
(B) is determined eligible |
||
department to obtain criminal history pursuant to the National | ||
Child Protection Act for an employee, applicant for employment, or | ||
volunteer of the qualified school contractor. | ||
(b) |
||
qualified school contractor in the original form or any subsequent | ||
form: | ||
(1) may not be released to any person except: | ||
(A) to the individual who is the subject of the | ||
information; | ||
|
||
(2) is not subject to disclosure as provided by Chapter | ||
552; and | ||
(3) shall be destroyed by qualified school contractor | ||
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. | ||
(c) Criminal history record information obtained by the | ||
Federal Bureau of Investigation shall not be disseminated. | ||
(d) A qualified school contractor may provide a fitness | ||
determination based on criminal history obtained under this section | ||
to a school district, charter school, or shared services | ||
arrangement. | ||
(e) The department in coordination with the Commissioner of | ||
Education may adopt rules necessary to implement this section. | ||
Sec. 411.1405. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: STATE AGENCIES; INFORMATION TECHNOLOGY EMPLOYEES. | ||
(a) In this section: | ||
(1) "Information resources" and "information resources | ||
technologies" have the meanings assigned by Section 2054.003. | ||
(2) "State agency" means a department, commission, | ||
board, office, council, authority, or other agency in the | ||
executive, legislative, or judicial branch of state government that | ||
is created by the constitution or a statute of this state, including | ||
a university system or institution of higher education as defined | ||
by Section 61.003, Education Code. | ||
(b) To the extent consistent with Subsection (e), a state | ||
agency is entitled to obtain from the department the criminal | ||
history record information 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. | ||
(c) A state agency that obtains Texas criminal history | ||
record information under this section may not release or disclose | ||
the information 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, | ||
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 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. | ||
(e) A state agency may not obtain criminal history record | ||
information under this section unless the state agency first adopts | ||
policies and procedures that provide that evidence of a criminal | ||
conviction or other relevant information obtained from the criminal | ||
history record information does not automatically disqualify an | ||
individual from employment. The attorney general shall review the | ||
policies and procedures for compliance with due process and other | ||
legal requirements before adoption by the state agency. The | ||
attorney general may charge the state agency a fee to cover the cost | ||
of the review. The policies and procedures adopted under this | ||
subsection must provide that the hiring official will determine, on | ||
a case-by-case basis, whether the individual is qualified for | ||
employment based on factors that include: | ||
(1) the specific duties of the position; | ||
(2) the number of offenses committed by the individual; | ||
(3) the nature and seriousness of each offense; | ||
(4) the length of time between the offense and the | ||
employment decision; | ||
(5) the efforts by the individual at rehabilitation; | ||
and | ||
(6) the accuracy of the information on the individual's | ||
employment application. | ||
(f) A criminal history record information provision in | ||
another law that is more specific to a state agency, including | ||
Section 411.089, prevails over this section to the extent of any | ||
conflict. | ||
(g) A state agency is not prohibited from disclosing Texas | ||
criminal history record information obtained under Subsection (a) | ||
in a criminal proceeding. | ||
(h) In accordance with Section 411.087, a state agency shall | ||
obtain criminal history record information from the Federal Bureau | ||
of Investigation identification division. | ||
(i) Criminal history record information obtained by the | ||
Federal Bureau of Investigation shall not be disseminated. | ||
Sec. 22.0834. CRIMINAL HISTORY RECORD INFORMATION REVIEW OF | ||
CERTAIN CONTRACT EMPLOYEES. (a) Except as provided by Subsection | ||
(a-1), this subsection applies to a person who is not an applicant | ||
for or holder of a certificate under Subchapter B, Chapter 21, and | ||
who |
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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: |
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(1) the public work does not involve the | ||
construction, alteration, or repair of an instructional facility as | ||
defined in 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. | ||
(b) If the contracting entity is a qualified school | ||
contractor as defined under TX Gov. Code 411.XXXX, a |
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whom Subsection (a) applies must submit to a national criminal | ||
history record information review |
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qualified school contractor 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 |
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qualified school contractor or |
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open-enrollment charter school, or shared services arrangement | ||
shall send or ensure that the person sends to the department | ||
information that is required by the department for obtaining | ||
national criminal history record information, which may include | ||
fingerprints and photographs. The department shall obtain the | ||
person's national criminal history record information and report | ||
the results through the criminal history clearinghouse as provided | ||
by Section 411.0845, Government Code. | ||
(d) |
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contractor or 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. |
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(d-1) A qualified school contractor |
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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 subsection (b),(d-1), and (d-2) | ||
do not apply to a qualified school contractor if |
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district, open-enrollment charter school, or shared services | ||
arrangement |
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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) |
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district property if the person is accompanied by a district | ||
employee. A school district may adopt rules regarding an emergency | ||
situation under this subsection. | ||
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(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 |
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(l) |
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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. | ||
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(o) A school district, charter school, regional | ||
education service center, commercial transportation company, or | ||
education shared services arrangement, qualified school | ||
contractor, contracting 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) A qualified school contractor 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. | ||
( |
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(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) "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. | ||
(3) “Qualified school contractor” has the same meaning | ||
as defined in Tx Gov Code 411.XXXX | ||
(4) “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. | ||
Sec. 22.08341 REPEALED | ||
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Sec. 22.0835. ACCESS TO CRIMINAL HISTORY RECORDS OF STUDENT | ||
TEACHERS AND VOLUNTEERS BY LOCAL AND REGIONAL EDUCATION | ||
AUTHORITIES. (a) A school district, open-enrollment charter | ||
school, or shared services arrangement shall obtain from the | ||
department and may obtain from any other law enforcement or | ||
criminal justice agency or a private entity that is a consumer | ||
reporting agency governed by the Fair Credit Reporting Act (15 | ||
U.S.C. Section 1681 et seq.), all criminal history record | ||
information that relates to: | ||
(1) a person participating in an internship consisting | ||
of student teaching to receive a teaching certificate; or | ||
(2) a volunteer or person who has indicated, in | ||
writing, an intention to serve as a volunteer with the district, | ||
school, or shared services arrangement. | ||
(b) A private school or regional education service center may | ||
obtain from any law enforcement or criminal justice agency all | ||
criminal history record information that relates to a person who | ||
volunteers or has indicated, in writing, an intention to serve as a | ||
volunteer with the school or service center. | ||
(c) A person to whom Subsection (a) or (b) applies must | ||
provide to the school district, open-enrollment charter school, | ||
private school, regional education service center, or shared | ||
services arrangement a driver's license or another form of | ||
identification containing the person's photograph issued by an | ||
entity of the United States government. | ||
(d) A person to whom Subsection (a) applies may not perform | ||
any student teaching or volunteer duties until all requirements | ||
under Subsections (a) and (c) have been satisfied. | ||
(e) Subsections (a) and (c) do not apply to a person who | ||
volunteers or is applying to volunteer with a school district, | ||
open-enrollment charter school, or shared services arrangement if | ||
the person: | ||
(1) is the parent, guardian, or grandparent of a child | ||
who is enrolled in the district or school for which the person | ||
volunteers or is applying to volunteer; | ||
(2) will be accompanied by a school district employee | ||
while on a school campus; or | ||
(3) is volunteering for a single event on the school | ||
campus. | ||
(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. | ||
(g) A school district, open-enrollment charter school, | ||
private school, regional education service center, or shared | ||
services arrangement may require a student teacher, volunteer, or | ||
volunteer applicant to pay any costs related to obtaining criminal | ||
history record information under this section. | ||
Sec. 22.085. EMPLOYEES AND APPLICANTS CONVICTED OF OR PLACED | ||
ON DEFERRED ADJUDICATION COMMUNITY SUPERVISION FOR CERTAIN | ||
OFFENSES. (a) A school district, open-enrollment charter school, | ||
or shared services arrangement shall discharge or refuse to hire an | ||
employee or applicant for employment if the district, school, or | ||
shared services arrangement obtains information through a criminal | ||
history record information review that the employee or applicant | ||
has been: | ||
(1) convicted of or placed on deferred adjudication | ||
community supervision for an offense for which a defendant is | ||
required to register as a sex offender under Chapter 62, Code of | ||
Criminal Procedure; or | ||
(2) convicted of: | ||
(A) a felony offense under Title 5, Penal Code, if | ||
the victim of the offense was under 18 years of age at the time the | ||
offense was committed; or | ||
(B) an offense under the laws of another state or | ||
federal law that is equivalent to an offense under Subdivision (1) | ||
or Paragraph (A). | ||
(b) Subsection (a) does not apply if the employee or | ||
applicant for employment committed an offense under Title 5, Penal | ||
Code and: | ||
(1) the date of the offense is more than 30 years | ||
before: | ||
(A) the effective date of S.B. No. 9, Acts of the | ||
80th Legislature, Regular Session, 2007, in the case of a person | ||
employed by a school district, open-enrollment charter school, or | ||
shared services arrangement as of that date; or | ||
(B) the date the person's employment will begin, | ||
in the case of a person applying for employment with a school | ||
district, open-enrollment charter school, or shared services | ||
arrangement after the effective date of S.B. No. 9, Acts of the 80th | ||
Legislature, Regular Session, 2007; and | ||
(2) the employee or applicant for employment satisfied | ||
all terms of the court order entered on conviction. | ||
(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 | ||
(d) A school district, open-enrollment charter school, | ||
private school, regional education service center, or shared | ||
services arrangement may discharge an employee if the district or | ||
school obtains information of the employee's conviction of a felony | ||
or of a misdemeanor involving moral turpitude that the employee did | ||
not disclose to the State Board for Educator Certification or the | ||
district, school, service center, or shared services arrangement. | ||
An employee discharged under this section is considered to have | ||
been discharged for misconduct for purposes of Section 207.044, | ||
Labor Code. | ||
(e) The State Board for Educator Certification may impose a | ||
sanction on an educator who does not discharge an employee or refuse | ||
to hire an applicant for employment if the educator knows or should | ||
have known, through a criminal history record information review, | ||
that the employee or applicant has been: | ||
(1) convicted of or placed on deferred adjudication | ||
community supervision for an offense described by Subsection | ||
(a)(1); or | ||
(2) convicted of an offense described by Subsection | ||
(a)(2). | ||
(f) Each school year, the superintendent of a school | ||
district or chief operating officer of an open-enrollment charter | ||
school shall certify to the commissioner that the district or | ||
school has complied with this section. | ||
ARTICLE 21. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY | ||
SEC. 411.###. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: | ||
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY. (a) The Texas | ||
Commission on Environmental Quality is entitled to obtain from the | ||
Department criminal history record information maintained by the | ||
department that relates to: | ||
(1) a person who: | ||
(A) is an applicant for a license or registration | ||
under: | ||
(i) Health and Safety Code Chapters 341, 361, | ||
and 366; | ||
(ii) Occupations Code Chapter 1903; or | ||
(iii) Texas Water Code Chapters 37 and 26; | ||
(B) is the holder of a license or registration | ||
under the statutes listed in 411.###(1)(A); or | ||
(C) requests a determination of eligibility for a | ||
license or registration from the agency under the statutes listed | ||
in 411.###(1)(A). | ||
(b) Texas criminal history record information obtained by the | ||
Texas Commission on Environmental Quality under Subsection (a) may | ||
not be released or disclosed to any person except on court order, | ||
with the written consent of the person that is the subject of the | ||
criminal history record information, or as provided by Subsection | ||
(d). | ||
(c) After completion of the criminal history review or | ||
proceeding for a person, for the purposes of a licensure or | ||
registration, the Texas Commission on Environmental Quality shall | ||
destroy the criminal history record information that relates to | ||
that person. | ||
(d) The Texas Commission on Environmental Quality is not | ||
prohibited from disclosing criminal history record information | ||
obtained under Subsection (a) in a criminal proceeding or in an | ||
administrative proceeding conducted by: | ||
(i) the Texas Commission on Environmental | ||
Quality; or | ||
(ii) the State Office of Administrative | ||
Hearings. | ||
(e) In accordance with Section 411.087, the Texas Commission | ||
on Environmental Quality may obtain criminal history record | ||
information from the Federal Bureau of Investigation | ||
identification division. | ||
(f) Criminal history record information obtained by the | ||
Federal Bureau of Investigation shall not be disseminated. | ||
ARTICLE 22. TEXAS RACING COMMISSION | ||
SECTION 1. 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 from the department criminal | ||
history record information maintained by the department that | ||
relates to [ |
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(1) a person who is: | ||
(A) an applicant for or the holder of a license | ||
under Chapter 2025 of the Texas Occupations Code; or | ||
(B) a controlling person, as defined in Chapter | ||
2025 of the Texas Occupations Code, of an entity described therein; | ||
(C) an owner or manager of an applicant for any | ||
license promulgated under Chapter 2025 of the Texas Occupations | ||
Code license under (A); or | ||
(D) the holder of a license or certificate under | ||
that Act; or | ||
(2) a person who: | ||
(A) is an applicant for or the holder of a license | ||
under Chapter 2025 of the Texas Occupations Code; or | ||
(B) has an interest described under Section | ||
Chapter 2025 of the Texas Occupations Code, in an entity described | ||
therein. | ||
(3) an applicant for employment at or current | ||
employee of: | ||
(A) The Texas Racing Commissions defined by | ||
Texas Occupations Code 2022; or | ||
(B) employment within the Texas Racing | ||
industry. | ||
(4) 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 that monitors | ||
racing in Texasas described byTexas Occupations Code Chapter 2022. | ||
(b) Texas criminal history record information obtained by | ||
the Texas Racing Commission under Subsection (a) 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 | ||
(c). | ||
(c) After an entity is licensed or certified, the Texas | ||
Racing Commission shall destroy the criminal history record | ||
information that relates to that entity. The Texas Racing | ||
Commission 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. | ||
(d) The Texas Racing Commission shall destroy criminal | ||
history record information that relates to an applicant who is not | ||
certified or employed, as applicable. | ||
(e) The Texas Racing Commission is not prohibited from | ||
disclosing Texas criminal history record information obtained | ||
under Subsection (a) in a criminal proceeding or in a hearing | ||
conducted by the Texas Racing Commission or the State Office of | ||
Administrative Hearings, as applicable. | ||
(f) In accordance with Section 411.087, the Texas Racing | ||
Commission shall obtain criminal history record information from | ||
the Federal Bureau of Investigation identification division. | ||
(g) Criminal history record information obtained by the | ||
Federal Bureau of Investigation shall not be disseminated. | ||
SECTION 2. 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 |
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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 |
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wagering, including individuals who: |
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(1) work |
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or volunteer, |
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wagering; | ||
or (2) will likely have significant access to the backside of | ||
a racetrack or to restricted areas of the frontside of a racetrack | ||
(3) Notwithstanding section (b) above, the following | ||
individuals require a criminal history background check before an | ||
occupational license is issued: commissioners, racing commission | ||
employees, racing association employees, owners or employees of | ||
race horses. | ||
ARTICLE 23. TEXAS STATE BOARD OF DENTAL EXAMINERS | ||
Sec. 411.###. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: | ||
STATE BOARD OF DENTAL EXAMINERS. (a) The State Board of Dental | ||
Examiners is entitled to obtain from the department criminal | ||
history record information maintained by the department that | ||
relates to a person who: | ||
(1) is an applicant for a license, certificate, | ||
registration, permit, or other authorization under Title 3, | ||
Subtitle D, Occupations Code (Dental Practice Act); | ||
(2) is the holder of a license, certificate, | ||
registration, permit, or other authorization under that Act; | ||
(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) Texas |
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the State Board of Dental Examiners under Subsection (a) 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). | ||
(c) 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. | ||
(d) The State Board of Dental Examiners is not prohibited | ||
from disclosing Texas criminal history record information obtained | ||
under Subsection (a) in a criminal proceeding or in a hearing | ||
conducted by the State Board of Dental Examiners or State Office of | ||
Administrative Hearings. | ||
(e) In accordance with Section 411.087, the State Board of | ||
Dental Examiners shall obtain criminal history record information | ||
from the Federal Bureau of Investigation identification division. | ||
(f) Criminal history record information obtained by the | ||
Federal Bureau of Investigation shall not be disseminated. | ||
ARTICLE 24. CONSUMER CREDIT COMMISSIONER | ||
SECTION 24.01. 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 maintained by the department 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 officer, director, owner, or employee of the | ||
entity or another person having a substantial relationship with the | ||
entity under Chapter 180, 342, 347, 348, 351, 353, 371, 393, or 394, | ||
Finance Code; | ||
(3) an employee of or volunteer with the Office of | ||
Consumer Credit Commissioner; | ||
(4) [ |
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of Consumer Credit Commissioner; or | ||
(5) [ |
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of Consumer Credit Commissioner. | ||
(b) Texas criminal history record information obtained by | ||
the Office of Consumer Credit Commissioner under Subsection (a) may | ||
not be released or disclosed to any person except: [ |
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[ |
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[ |
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(1) [ |
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(2) [ |
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criminal history record information; [ |
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(3) [ |
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subject of the criminal history record information; or | ||
(4) in a hearing where the Office of Consumer Credit | ||
Commissioner is a party. | ||
(c) In accordance with Section 411.087, the consumer credit | ||
commissioner may obtain criminal history record information from | ||
the Federal Bureau of Investigation identification division | ||
regarding a person described by subsection (a). | ||
(d) Criminal history record information obtained by the | ||
Federal Bureau of Investigation shall not be disseminated except to | ||
the person who is the subject of the criminal history record | ||
information. | ||
SECTION 24.02. 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)(1) or (2) [ |
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ARTICLE 25. TEXAS COMPTROLLER OF PUBLIC ACCOUNTS | ||
SECTION 25.01. Section 411.109, Government Code, is amended | ||
by amending Subsection (d) and adding Subsections (f), (g), and (h) | ||
to read as follows: | ||
(d) Texas Criminal history record information obtained by the | ||
comptroller under 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 or entity that is the subject of the criminal | ||
history record information, or as provided by Subsections | ||
[ |
||
(f) The comptroller is not prohibited from disclosing | ||
criminal history record information obtained under Subsection (a) | ||
in a criminal proceeding or in a hearing conducted by the | ||
comptroller. | ||
(g) In accordance with Section 411.087, the comptroller may | ||
obtain criminal history record information from the Federal Bureau | ||
of Investigation identification division. | ||
(h) Criminal history record information obtained by the | ||
Federal Bureau of Investigation shall not be disseminated. | ||
ARTICLE 26. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS: | ||
MANUFACTURED HOUSING DIVISION | ||
Tex. Occ. Code 1201.1031(f) the department is entitled to obtain | ||
criminal history record information maintained by the Department of | ||
Public Safety that relates to: | ||
(1) a person who is: | ||
(A) an applicant for a license under Chapter 1201 | ||
of the Texas Occupations Code; | ||
(B) an owner, officer, related person or manager | ||
of an applicant for manufacturer, retailer, broker, installer, or | ||
salesperson license under (A); or | ||
(C) the holder of a license under that Act; or | ||
(2) an applicant for a license or a license holder | ||
under Chapter 1201 of the Texas Occupations Code; | ||
(g) Texas criminal history record information obtained by | ||
the Manufactured Housing Division under Subsection (a) 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 | ||
(e). | ||
(h) Texas criminal history record information obtained by the | ||
department under Subsection (a) 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 (e). | ||
(i) The department shall destroy the criminal history record | ||
information that relates toan applicant for licensure after that | ||
applicant is licensed or, for an applicant who is not licensed, | ||
after the check of the criminal history record information on that | ||
applicant is completed; | ||
(j) the department is not prohibited from disclosing criminal | ||
history record information obtained under Subsection (f) in a | ||
criminal proceeding or in a hearing conducted by the department. | ||
(k) In accordance with Section 411.087 and Tex. Occ. Code § | ||
1201.1031, the department shall obtain criminal history record | ||
information from the Federal Bureau of Investigation | ||
identification division. | ||
(l) Criminal history record information obtained by the | ||
Federal Bureau of Investigation shall not be disseminated. | ||
Sec. 411.###. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: The | ||
Manufactured Housing Division. (a) The Manufactured Housing | ||
Division is entitled to obtain from the department criminal history | ||
record information maintained by the department that relates to: | ||
(1) a person who is: | ||
(A) an applicant for a license under Chapter 1201 | ||
of the Texas Occupations Code; | ||
(B) an owner, officer, related person or manager | ||
of an applicant for manufacturer, retailer, broker, installer, or | ||
salesperson license under (A); or | ||
(C) the holder of a license under that Act; | ||
(2) an applicant for a license or a license holder under | ||
Chapter 1201 of the Texas Occupations Code; | ||
(b) Texas criminal history record information obtained by the | ||
Manufactured Housing Division under Subsection (a) 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 | ||
(e). | ||
(c) After an entity is licensed, the Manufactured Housing | ||
Division, shall destroy the criminal history record information | ||
that relates to that entity. The Manufactured Housing Division | ||
shall destroy the criminal history record information that relates | ||
to: | ||
(1) an applicant for licensure after that applicant is | ||
licensed or, for an applicant who is not licensed, after the check | ||
of the criminal history record information on that applicant is | ||
completed; or | ||
(2) a licensee after the check of the criminal history | ||
record information on that licensee is completed. | ||
(d) The Manufactured Housing Division shall destroy criminal | ||
history record information that relates to an applicant who is not | ||
licensed, as applicable. | ||
(e) The Manufactured Housing Division is not prohibited from | ||
disclosing criminal history record information obtained under | ||
Subsection (a) in a criminal proceeding or in a hearing conducted by | ||
the Manufactured Housing Division. | ||
(g) In accordance with Section 411.087 or Chapter 1201 of the | ||
Texas Occupations Code, the Manufactured Housing Division shall | ||
obtain criminal history record information from the Federal Bureau | ||
of Investigation identification division. | ||
(h) Criminal history record information obtained by the | ||
Federal Bureau of Investigation shall not be disseminated. | ||
ARTICLE 27. TEXAS DEPARTMENT OF LICENSING AND REGULATION | ||
SECTION 27.01. 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 maintained by | ||
the department that relates to [ |
||
(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; | ||
(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 in Chapter | ||
91, Labor Code, of an entity described in 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 in Paragraph | ||
(A). | ||
(b) Criminal history record information obtained by the | ||
Texas Department of Licensing and Regulation under Subsection (a) | ||
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 (c). | ||
(c) The Texas Department of Licensing and Regulation is not | ||
prohibited from disclosing criminal history record information | ||
obtained under Subsection (a) in a criminal proceeding or in a | ||
hearing conducted by the Texas Department of Licensing and | ||
Regulation or the State Office of Administrative Hearings, as | ||
applicable. | ||
(d) In accordance with Section 411.087, the Texas Department | ||
of Licensing and Regulation shall obtain criminal history record | ||
information from the Federal Bureau of Investigation | ||
identification division. | ||
(e) Criminal history record information obtained by the | ||
Federal Bureau of Investigation shall not be disseminated. | ||
SECTION 2. Section 411.122(d), Government Code, as amended by | ||
Chapter 768 (H.B. 1501), Acts of the 86th Legislature, Regular | ||
Session, 2019, is 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; | ||
(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 Board of Professional Land Surveying; | ||
(10) Texas Department of Licensing and Regulation[ |
||
(11) Texas Commission on Environmental Quality; | ||
(12) Texas Board of Occupational Therapy Examiners; | ||
(13) Texas Optometry Board; | ||
(14) Texas State Board of Pharmacy; | ||
(15) Texas Board of Physical Therapy Examiners; | ||
(16) Texas State Board of Plumbing Examiners; | ||
(17) Texas Behavioral Health Executive Council; | ||
(18) Texas Real Estate Commission; | ||
(19) Texas Department of Transportation; | ||
(20) State Board of Veterinary Medical Examiners; | ||
(21) Texas Department of Housing and Community Affairs; | ||
(22) secretary of state; | ||
(23) state fire marshal; | ||
(24) Texas Education Agency; | ||
(25) Department of Agriculture; and | ||
(26) Texas Department of Motor Vehicles. | ||
SECTION 3. Section 411.122(d), Government Code, as amended by | ||
Chapter 1232 (H.B. 1523), Acts of the 86th Legislature, Regular | ||
Session, 2019, is 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, including: | ||
(A) Texas State Board of Examiners of Marriage and | ||
Family Therapists; | ||
(B) Texas State Board of Examiners of Professional | ||
Counselors; and | ||
(C) Texas State Board of Social Worker Examiners; | ||
(9) Texas Department of Licensing and Regulation[ |
||
(10) Texas Commission on Environmental Quality; | ||
(11) Texas Board of 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; | ||
(16) Texas State Board of Examiners of Psychologists; | ||
(17) Texas Real Estate Commission; | ||
(18) Texas Department of Transportation; | ||
(19) State Board of Veterinary Medical Examiners; | ||
(20) Texas Department of Housing and Community Affairs; | ||
(21) secretary of state; | ||
(22) state fire marshal; | ||
(23) Texas Education Agency; | ||
(24) Department of Agriculture; and | ||
(25) Texas Department of Motor Vehicles. | ||
SECTION 4. Section 411.122(d), Government Code, as amended by | ||
Chapter 684 (S.B. 2200), Acts of the 86th Legislature, Regular | ||
Session, 2019, is 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; | ||
(6) Texas Funeral Service Commission; | ||
(7) Texas Board of Professional Geoscientists; | ||
(8) Health and Human Services Commission and the | ||
Department of State Health Services, except as provided by Section | ||
411.110, and agencies attached to that commission, including: | ||
(A) Texas State Board of Examiners of Marriage and | ||
Family Therapists; | ||
(B) Texas State Board of Examiners of Professional | ||
Counselors; and | ||
(C) Texas State Board of Social Worker Examiners; | ||
(9) Texas Board of Professional Land Surveying; | ||
(10) Texas Department of Licensing and Regulation[ |
||
(11) Texas Commission on Environmental Quality; | ||
(12) Texas Board of Occupational Therapy Examiners; | ||
(13) Texas Optometry Board; | ||
(14) Texas State Board of Pharmacy; | ||
(15) Texas Board of Physical Therapy Examiners; | ||
(16) Texas State Board of Plumbing Examiners; | ||
(17) Texas State Board of Examiners of Psychologists; | ||
(18) Texas Real Estate Commission; | ||
(19) Texas Department of Transportation; | ||
(20) State Board of Veterinary Medical Examiners; | ||
(21) Texas Department of Housing and Community Affairs; | ||
(22) secretary of state; | ||
(23) state fire marshal; | ||
(24) Texas Education Agency; | ||
(25) Department of Agriculture; and | ||
(26) Texas Department of Motor Vehicles. | ||
ARTICLE 28. TEXAS LOTTERY COMMISSION | ||
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 maintained by the department that | ||
relates to a person who, 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; | ||
(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 maintained by | ||
the department that relates to a person licensed under Chapter | ||
2001, Occupations Code, or described by Section 2001.3025, | ||
Occupations Code. | ||
(b) Texas Criminal history record information obtained by the | ||
commission under Subsection (a) or (a-1) 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 (e |
||
(c) After an entity is licensed or certified, the commission | ||
shall destroy the criminal history record information that relates | ||
to that entity. The commission 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. | ||
(d) The Texas Lottery Commission shall destroy criminal | ||
history record information that relates to an applicant who is not | ||
certified or employed, as applicable. | ||
(e) The Texas Lottery Commission is not prohibited from | ||
disclosing criminal history record information obtained under | ||
Subsection (a) in a criminal proceeding or in a hearing conducted by | ||
the State Office of Administrative Hearings |
||
(g) In accordance with Government Code Sections 411.087, | ||
466.201, and 467.036(b), and Occupations Code Section 2001.3025, | ||
the Texas Lottery Commission shall obtain criminal history record | ||
information from the Federal Bureau of Investigation | ||
identification division. | ||
(h) Criminal history record information obtained by the | ||
Federal Bureau of Investigation shall not be disseminated. | ||
|
||
ARTICLE 29. TEXAS MEDICAL BOARD | ||
Sec. 411.###. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: | ||
TEXAS MEDICAL BOARD. (a) The Texas Medical Board is entitled to | ||
obtain from the department criminal history record information | ||
maintained by the department that relates to: | ||
(1) a person who is: | ||
(A) an applicant for or holder of a license to | ||
practice medicine; | ||
(B) an applicant for or holder of a license to | ||
practice as a physician assistant; | ||
(C) an applicant for or holder of a license to | ||
practice as an acupuncturist; | ||
(D) an applicant for or holder of a certificate to | ||
practice as an acudetox specialist; | ||
(E) an applicant for or holder of a license to | ||
practice as a surgical assistant; | ||
(F) 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;; | ||
(G) an applicant for or holder of a placement on | ||
the registry of non-certified technicians; | ||
(H) an employee of an applicant for a hardship | ||
exemption; | ||
(I) an applicant for or holder of a license to | ||
practice as a medical physicist; | ||
(J) an applicant for or holder of a license to | ||
practice as a perfusionist; | ||
(K) an applicant for or holder of a license to | ||
practice as a respiratory care practitioner; and | ||
(L) an applicant for or holder of a pain | ||
management clinic certificate. | ||
(b) Texas criminal history record information obtained by the | ||
Texas Medical Board under Subsection (a) may not be released or | ||
disclosed to any person, except as provided by subsection (c). | ||
(c) The Texas Medical Board is not prohibited from disclosing | ||
criminal history record information obtained under Subsection (a) | ||
in a hearing conducted by the Medical Board or its advisory boards. | ||
(d) In accordance with Section 411.087, the Texas Medical | ||
Board may obtain criminal history record information from the | ||
Federal Bureau of Investigation identification division. | ||
(e) Criminal history record information obtained by the | ||
Federal Bureau of Investigation shall not be disseminated. | ||
ARTICLE 30. JUDICIAL BRANCH CERTIFICATION COMMISSION | ||
SECTION 30.01. Chapter 1104, Estates Code, is amended to | ||
read as follows: | ||
Sec. 1104.402. COURT CLERK'S DUTY TO OBTAIN CRIMINAL HISTORY | ||
RECORD INFORMATION; AUTHORITY TO CHARGE FEE. (a) Except as | ||
provided by Section [ |
||
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, other than an attorney. | ||
(b) The clerk may charge a $10 fee to recover the costs of | ||
obtaining criminal history record information under Subsection | ||
(a). | ||
(c) A clerk is liable to those damaged if damage or loss | ||
results to a guardianship or ward because of the neglect or failure | ||
of the clerk to obtain criminal history record information as | ||
required by Subsection (a). | ||
SECTION 30.02. Chapter 1104, 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 Section 155.203 and Section 155.207[ |
||
Government Code. However, the clerk shall obtain criminal history | ||
record information from the Federal Bureau of Investigation | ||
identification division relating to each person described in | ||
Section 1104.402 regardless of whether the Judicial Branch | ||
Certification Commission obtained information on such a person. | ||
(b) The commission [ |
||
obtained from the Department of Public Safety[ |
||
disseminating criminal history record information that was | ||
obtained from the Federal Bureau of Investigation pursuant to | ||
Section 411.1408, Government Code, for purposes of determining | ||
whether an applicant is ineligible for certification as a guardian. | ||
SECTION 30.03. Chapter 1104, Estates Code, is amended to | ||
read as follows: | ||
Sec. 1104.405. INFORMATION FOR EXCLUSIVE USE OF COURT. (a) | ||
Criminal history record information obtained or provided under | ||
Section 1104.402, [ |
||
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 | ||
[ |
||
the criminal history record information only in order 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 other person proposed to serve as a | ||
guardian under Title 3, Estates Code, including a proposed | ||
temporary guardian and a proposed successor guardian, other than an | ||
attorney. | ||
(b) The county clerk may destroy the criminal history record | ||
information after the information is used for the purposes | ||
authorized by this subchapter. | ||
SECTION 30.04. Chapter 152, Government Code, is amended to | ||
read as follows: | ||
Sec. 152.203. RULES ON INELIGIBILITY. The supreme court | ||
shall by order adopt rules on applicants' ineligibility for | ||
certification, registration, or licensing under this subtitle | ||
based on the applicant’s[ |
||
information that indicates the applicant[ |
||
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 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 solely | ||
for the determination of each applicant’s ineligibility pursuant to | ||
rules adopted by 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 |
||
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, other than the | ||
person who is the subject of the criminal history record | ||
information. The commission shall dispose of criminal history | ||
record information immediately after each determination of | ||
ineligibility is made. | ||
SECTION 30.05. Chapter 155, Government Code, is amended to | ||
read as follows: | ||
Sec. 155.205. DUTY TO OBTAIN CRIMINAL HISTORY RECORD | ||
INFORMATION. (a) In accordance with 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 criminal | ||
history record information from [ |
||
Investigation identification division relating to an individual | ||
seeking appointment as a guardian or temporary guardian in | ||
accordance with Subsection (b). | ||
(b) The clerk |
||
|
||
of a proposed guardian if: | ||
(1)[ |
||
exceed $50,000; or | ||
(2)[ |
||
this state.[ |
||
(c)[ |
||
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)[ |
||
$50,000 or less; and | ||
(2)[ |
||
state. | ||
(d) Each proposed guardian described in Subsection (b) shall | ||
file with the commission proof of having submitted to a | ||
fingerprint-based criminal history search. | ||
SECTION 30.06. Chapter 155, Government Code, is amended to | ||
read as follows: | ||
Sec. 155.207. USE OF CRIMINAL HISTORY RECORD INFORMATION. | ||
(a) The commission shall use the criminal history record | ||
information obtained under this subchapter only for a purpose | ||
authorized by this subchapter [ |
||
(b) A court may use Texas [ |
||
information obtained under this subchapter only in the same manner | ||
and only to the same extent a court is authorized to use the | ||
information under Section 1104.409, Estates Code. | ||
SECTION 30.07. Chapter 411, Government Code, is amended to | ||
read as follows: | ||
Sec. 411.1386. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: COURT CLERK; HEALTH AND HUMAN SERVICES COMMISSION; | ||
GUARDIANSHIPS. (a) Except as provided by Subsections (a-1)[ |
||
a proceeding for the appointment of a guardian under Title 3, | ||
Estates Code, shall in accordance with Section 411.087 obtain from | ||
the department criminal history record information 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, other than an attorney. | ||
(a-1) The Health and Human Services Commission shall obtain | ||
from the Department of Public Safety criminal history record | ||
information maintained by the Department of Public Safety that | ||
relates to each individual who is or will be providing guardianship | ||
services to a ward of or referred by the Health and Human Services | ||
Commission, including: | ||
(1) an employee of or an applicant selected for an | ||
employment position with the Health and Human Services Commission; | ||
(2) a volunteer or an applicant selected to volunteer | ||
with the Health and Human Services Commission; | ||
(3) an employee of or an applicant selected for an | ||
employment position with a business entity or other person that | ||
contracts with the Health and Human Services Commission to provide | ||
guardianship services to a ward referred by that commission; | ||
(4) a volunteer or an applicant selected to volunteer | ||
with a business entity or person described by Subdivision (3); and | ||
(5) a contractor or an employee of a contractor who | ||
provides services to a ward of the Health and Human Services | ||
Commission under a contract with the estate of the ward. | ||
(a-2) The information in Subsection (a-1) regarding | ||
applicants for employment positions must be obtained before an | ||
offer of employment, and the information regarding applicant | ||
volunteers must be obtained before the person's contact with a ward | ||
of or referred by the Health and Human Services Commission. | ||
(a-3) The information in Subsection (a-1) regarding | ||
employees, contractors, or volunteers providing guardianship | ||
services must be obtained annually. | ||
(a-4) [ |
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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 | ||
Section 155.203 and Section 155.207 [ |
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shall provide to the clerk [ |
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history record information that was obtained from the department | ||
[ |
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accordance with Section 411.087 obtain criminal history record | ||
information from the Federal Bureau of Investigation | ||
identification division relating to any person described by | ||
Subsection (a) regardless of whether the Judicial Branch | ||
Certification Commission obtains criminal history record | ||
information relating to such person. | ||
(b) Criminal history record information obtained by or | ||
provided to a clerk under this Section [ |
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confidential. | ||
(c) Criminal history record information obtained by or | ||
provided to a clerk under this section [ |
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agency |
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criminal history record information after the information is used | ||
for the purposes authorized by this section. | ||
(d) [ |
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Estates Code, shall use the information obtained or provided under | ||
Subsection (a) or |
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determining 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 other person proposed to serve as a | ||
guardian under Title 3, Estates Code, including a proposed | ||
temporary guardian and a proposed successor guardian, other | ||
than an attorney. | ||
(e)[ |
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discloses any information received under this section without the | ||
authorization prescribed by Subsection (c)[ |
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under this subsection is a Class A misdemeanor. | ||
(f)[ |
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costs of obtaining |
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history record information authorized by Subsection (a). | ||
(g) A clerk is liable to those damaged if damage or loss | ||
results to a guardianship or ward because of the neglect or failure | ||
of the clerk to obtain criminal history record information as | ||
required by Subsection (a). | ||
[ |
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SECTION 30.08. Chapter 411, Government Code, is amended to | ||
read as follows: | ||
Sec. 411.1408. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: | ||
JUDICIAL BRANCH CERTIFICATION COMMISSION. (a) In this section, | ||
"commission" means the Judicial Branch Certification Commission | ||
established under Chapter 152. | ||
(b) In accordance with Section 411.087, the[ |
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is entitled to obtain from the department criminal history record | ||
information 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. The commission may not disseminate | ||
criminal history record information obtained from the Federal | ||
Bureau of Investigation. | ||
(c) Criminal history record information obtained by the | ||
commission under Subsection (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; | ||
(2) may not be released or disclosed to any person | ||
except: | ||
(A) on court order; or | ||
(B) [ |
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411.1386(a-4)[ |
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Estates Code, if applicable; and | ||
(3) shall be destroyed by the commission after the | ||
information is used for the authorized purposes. | ||
SECTION 30.09. Chapter 411, Government Code, is amended to | ||
read as follows: | ||
Sec. 411.1409. ACCESS TO CRIMINAL HISTORY INFORMATION: | ||
APPELLATE COURTS. (a) In this section, "appellate court" means the | ||
Supreme Court of Texas, the Texas Court of Criminal Appeals, or a | ||
court of appeals. | ||
(b) As authorized by Section 411.087, an[ |
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is entitled to obtain from the department criminal history record | ||
information 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. | ||
(c) Criminal history record information obtained by the | ||
court under Subsection (b) may be used only to evaluate an | ||
applicant. | ||
(d) The court may not release or disclose information | ||
obtained under Subsection (b) except on order of a district court | ||
[ |
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order by a district court, the court may not disseminate criminal | ||
history record information obtained from the Federal Bureau of | ||
Investigation. | ||
(e) 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 Subsection (b). | ||
SECTION 28.10. Sections 1104.403, 1104.407, 1104.408, and | ||
1104.410, Estates Code, are repealed. | ||
ARTICLE 31. EFFECTIVE DATE | ||
SECTION 28.01. Except as otherwise provided by this Act, | ||
this Act takes effect September 1, 2023. |