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
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.
                     (24) "Criminal history record information" means
  information collected about a person by a criminal justice agency
  that consists of identifiable descriptions and notations of
  arrests, detentions, indictments, informations, and other formal
  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.
               (35) "Criminal justice agency" means:
                     (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.
               (46) "Criminal justice purpose" means:
                           (A) an activity that is included in the
  administration of criminal justice; or
                           (B) screening of applicants for employment
  with a criminal justice agency.
               (57) "Office of capital and forensic writs" means the
  office of capital and forensic writs established under Subchapter
  B, Chapter 78.
               (68) "Public defender's office" has the meaning
  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;
               (12)  Texas BoardExecutive Council of Physical Therapy
  and 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;
               (176) Texas Behavioral Health Executive Council;
               (187) Texas Real Estate Commission;
               (19) Texas Department of Transportation;
               (2018) State Board of Veterinary Medical Examiners;
               (2119) Texas Department of Housing and Community
  Affairs;
               (220) secretary of state;
               (231) state fire marshal;
               (242) Texas Education Agency;
               (253) Department of Agriculture; and
               (264) Texas Department of Motor Vehicles.
  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,AND APPOINTMENT TO
  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, isare entitled
  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,or for
  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 [sell, buy, lease, or transfer an
  easement or right-of-way for another, for compensation or with the
  expectation of receiving compensation, for use in connection with
  telecommunication, utility, railroad, or pipeline service] unless
  the person:
               (1) holds a license issued under this chapter; or
               (2) holds a certificate of registration issued under
  this subchapter.
         SECTION 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 toa person who is:
               (1) an individual, pursuant to Chapter 901 of the
  Occupations Code, who is:
               (A) an applicant for certification as a certified
  public accountant under Chapter 901, Occupations Code; or an
  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) the a person who is:
                     (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; or
               (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.; or
               (6) is an applicant for a license or a license holder
  under Subchapter C, Chapter 443, Health and Safety Code.
         (b) Texas Ccriminal history record information obtained by
  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)or as provided by Subsection (ec).
         (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:
  DEPARTMENT OF STATE HEALTH SERVICES AND HEALTH AND HUMAN SERVICES
  COMMISSION AND PERSONNEL AT STATE HOSPITALS. (a) The Department of
  State Health Services and the Health and Human Services Commission
  isare 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 at a state
  hospital established under Chapter 552, Health and Safety Code;
                     (B) an employee of a state hospital established
  under Chapter 552, Health and Safety Code;
                     (C) a person who contracts or may contract to
  provide goods or services to the Department of State Health
  Services or the Health and Human Services Commission, as
  applicable, at a state hospital established under Chapter 552,
  Health and Safety Code, or an employee of or applicant for
  employment with that person;
                     (D) a volunteer with a state hospital established
  under Chapter 552, Health and Safety Code; or
                     (E) an applicant for a volunteer position with a
  state hospital established under Chapter 552, Health and Safety
  Code; and
               (2) who 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).
         (b)(c)The Department of State Health Services or the Health
  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 Ccriminal history record
  information obtained by the Department of State Health Services or
  the Health and Human Services Commission under Subsection (b)(2)
  this section may not be released or disclosed to any person except:
               (1) on court order;
               (2) with the consent of the person who is the subject of
  the criminal history record information;
               (3) for purposes of an administrative hearing held by
  the Department of State Health Services or the Health and Human
  Services Commission, as applicable, concerning the person who is
  the subject of the criminal history record information; or
  (4) as provided by Subsection (d)(c).
         (c)(d) The Department of State Health Services or the Health
  and Human Services Commission is not prohibited from releasing
  criminal history record information obtained under Subsection
  (d)(2)this section to the person who is the subject of the criminal
  history record information.
         (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.
         (e)(f) This section does not prohibit the Department of State
  Health Services or the Health and Human Services Commission from
  obtaining and using criminal history record information as provided
  by other law.
         SECTION 15.03. Section 411.1105, Government Code, is amended
  to read as follows:
         Sec. 411.1105 ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
  DEPARTMENT OF STATE HEALTH SERVICES AND HEALTH AND HUMAN SERVICES
  COMMISSION. (a) The Department of State Health Services and the
  Health and Human Services Commission isare 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:
               (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 Department of State Health
  Services and the Health and Human Services Commission isare
  entitled to obtain information relating to the wanted persons
  status of an individual listed in Subsection (a).
  (c)(d) 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
  Department of State Health Services or theHealth and Human Services
  Commission under Subsection (b)(2)(a) may not be released or
  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,; or
               (3) as provided by Subsection (e)(d).
         (e)(d) The Department of State Health Services or theHealth
  and Human Services Commission, as applicable, may provide the
  applicant or licensee with a copy of the person's criminal history
  record information obtained from the Department of Public Safety,
  Federal Bureau of Investigation identification division, or
  another law enforcement agency.
         (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).
         (c)(d) Criminal history record information obtained by the
  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)].
         (d)(e) The commission is not prohibited from disclosing
  criminal history record information obtained under Subsection
  (b)(2)(c)(2) in a criminal proceeding or in a hearing conducted by
  the commission.
         (e)(f) The commission shall destroy all criminal history
  record information obtained under Subsection (b)(c) as soon as
  practicable after the information is used for its authorized
  purpose.
         (f)(g) This section does not prohibit the commission from
  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
  facility 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).
         (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 [initial] licenas a vocational, registered, or advanced
  practice registered [or vocational] nurse by requiring the person
  to submit to the board a set of fingerprints that meets the
  requirements of Subsection (a). The board may develop a similar
  system for an applicant for enrollment in a nursing educational
  program. The board may require payment of a fee by a person who is
  required to submit a set of fingerprints under this subsection.
  ARTICLE 17. TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS
               Sec. 411.0995. ACCESS TO CRIMINAL HISTORY RECORD
  INFORMATION: STATETEXAS BOARD OF VETERINARY MEDICAL EXAMINERS.
  (a)  The StateTexas Board of Veterinary Medical 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 a license or certificate under the
  Veterinary Licensing Act, Chapter 801 of the Texas Occupations
  Code; or
               (2) the holder of a license or certificate under that
  chapterAct;
               (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 StateTexas Board of Veterinary of Medical 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 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 [for good cause shown] 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 a license, permit, certificate of
  authority, certificate of registration, or other authorization
  issued by the Texas Department [State Board] of Insurance to engage
  in an activity regulated under the Insurance Code; or
                     (2) a corporate officer or director of an
  insurance company regulated by the Texas Department of Insurance.
         (b) Texas Ccriminal history record information obtained by
  the Texas Department of Insurance under Subsection (a) may not be
  disclosed or released to any person except on court order, [or] with
  the written consent of the person who is the subject of the criminal
  history record information, or as provided by Subsection(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 and shall deliver the information to the commissioner of
  insurance or the commissioner’s designee, who shall maintain the
  information as provided by State Board of Insurance rule.
         (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 mayshall not
  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 443.004Article 21.280, Insurance Code. 
         (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 [the
  receiver believes is necessary for the investigation of any
  matter relating to a receivership estate].
               (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 shallmay destroy criminal history
  record information obtained by the receiver under Subsection (b)
  before termination of the receivership and the receiver’s discharge
  [after the purpose for which the information was obtained is
  accomplished].
         (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 may shall not disseminate criminal
  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[1]) is employed or is an applicant for employment by
  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 [2]) is employed or is an applicant for employment
  by a shared services arrangement, if the employee's or applicant's
  duties are or will be performed on school property or at another
  location where students are regularly present; or
               (5 [3]) is employed or is an applicant for employment
  by an entity that contracts or subcontracts with a school district,
  open-enrollment charter school, or shared services arrangement, if
  the applicant or employee has or will have continuing duties
  related to the contracted or subcontracted services, and has or
  will have direct contact with students; orif
               (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.
                     (A) the employee or applicant person has or will
  have continuing duties relating to the contracted services
  provided; and
                     (B) the employee or applicant person 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 22.0834or 22.08341, Education Code.; or
               (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 or 22.08341, Education Code; or
               (5) a tutor who provides services on behalf of a service
  provider that offers accelerated or supplemental instruction under
  Section 28.0211, Education Code.
         (b) A school district, charter school, private school,
  regional education service center, or education shared services
  arrangement is entitled to obtain from the department criminal
  history record information 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 authorized by the
  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) Texas Criminal history record information obtained by a
  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;
                     (B) or by court order;
               (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 on or after January 1, 2008, is offered employment by an entity
  or a subcontractor of an entity that contracts with a school
  district, open-enrollment charter school, or shared services
  arrangement to provide services, if:
               (1) the employee or applicant has or will have
  continuing duties related to the contracted services; and
               (2) the employee or applicant has or will have direct
  contact with students.
               (a-1) This section does not apply to an employee or
  applicant of a public works contractor if: contracting entity,
  subcontracting entity, or other person subject to Section 22.08341.
                           (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 A person to
  whom Subsection (a) applies must submit to a national criminal
  history record information review under this sectionby the
  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 entity
  qualified school contractor or contracting with a school district,
  open-enrollment charter school, or shared services arrangement
  shall send or ensure that the person sends to the department
  information that is required by the department for obtaining
  national criminal history record information, which may include
  fingerprints and photographs. The department shall obtain the
  person's national criminal history record information and report
  the results through the criminal history clearinghouse as provided
  by Section 411.0845, Government Code.
               (d) An entity contracting withA qualified school
  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. The entity shall certify to the
  school district that the entity has received all criminal history
  record information relating to a person to whom Subsection (a)
  applies.
               (d-1) A qualified school contractor contracting entity
  shall require that any of its subcontracting entities obtain all
  criminal history record information that relates to an employee to
  whom Subsection (a) applies if the subcontracting entity is also a
  qualified school contractor.
               (d-2) A qualified school contractor shall require that
  any of its subcontracting entities that are not qualified school
  contractors comply with Subsection (b-1) as it relates to an
  employee to whom Subsection (a) applies.
               (e) The requirements of subsection (b),(d-1), and (d-2)
  do not apply to a qualified school contractor ifAa school
  district, open-enrollment charter school, or shared services
  arrangement may obtains the criminal history record information of
  a person to whom this section applies through the criminal history
  clearinghouse as provided by Section 411.0845, Government Code.
               (f) In the event of an emergency, a school district may
  allow a person to whom Subsection (a) or (g) applies to enter school
  district property if the person is accompanied by a district
  employee. A school district may adopt rules regarding an emergency
  situation under this subsection.
               (g) An entity that contracts with a school district,
  open-enrollment charter school, or shared services arrangement to
  provide services shall obtain from any 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 an employee of the entity who is employed before January 1, 2008,
  and who is not subject to a national criminal history record
  information review under Subsection (b) if:
                     (1) the employee has continuing duties related to
  the contracted services; and
                     (2) the employee has direct contact with
  students.
               (h) A school district, open-enrollment charter school,
  or shared services arrangement, or qualified school contractor may
  obtain from any law enforcement or criminal justice agency all
  criminal history record information that relates to a person to
  whom this section Subsection (g) applies.
               (i) An entity shall certify to a school district that
  it has received all criminal history record information required by
  Subsection (g).
               (j) The commissioner may adopt rules as necessary to
  implement this section.
               (k) The requirements of this section apply to an entity
  that contracts directly with a school district, open-enrollment
  charter school, or shared services arrangement and any
  subcontractor of the entity.
               (l) A contracting entity shall require that a
  subcontracting entity obtain all criminal history record
  information that relates to an employee to whom Subsection (a)
  applies. If a contracting or subcontracting entity determines that
  Subsection (a) does not apply to an employee, the contracting or
  subcontracting entity shall make a reasonable effort to ensure that
  the conditions or precautions that resulted in the determination
  that Subsection (a) did not apply to the employee continue to exist
  throughout the time that the contracted services are provided.
               (m) A contracting entity complies with the
  requirements of this section if the contracting entity obtains a
  written statement from each subcontracting entity certifying that
  the subcontracting entity has obtained the required criminal
  history record information for employees of the subcontracting
  entity and the subcontracting entity has obtained certification
  from each of the subcontracting entity's subcontractors.
               (n) A subcontracting entity must certify to the school
  district, open-enrollment charter school, or shared services
  arrangement and the contracting entity that the subcontracting
  entity has obtained all criminal history record information that
  relates to an employee to whom Subsection (a) applies and has
  obtained similar written certifications from the subcontracting
  entity's subcontractors.
               (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.
               (pq) In this section:
               (1) "Contracting entity" means an entity that
  contracts directly with a school district, open-enrollment charter
  school, or shared services arrangement to provide services to the
  school district, open-enrollment charter school, or shared
  services arrangement.
               (2) "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
         Sec. 22.08341. CRIMINAL HISTORY RECORD INFORMATION REVIEW BY
  CERTAIN PUBLIC WORKS CONTRACTORS. (a) In this section:
               (1) "Contracting entity" means an entity that
  contracts directly with a school district, open-enrollment charter
  school, or shared services arrangement to provide engineering,
  architectural, or construction services to the district, school, or
  arrangement.
               (2) "Instructional facility" has the meaning assigned
  by Section 46.001.
               (3) "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 engineering, architectural, or construction services to a
  school district, open-enrollment charter school, or shared
  services arrangement.
         (b) This subsection applies to a person who is not an
  applicant for or holder of a certificate under Subchapter B,
  Chapter 21, and who is employed by a contracting or subcontracting
  entity on a project to design, construct, alter, or repair a public
  work if the person has or will have:
               (1) continuing duties related to the contracted
  services; and
               (2) the opportunity for direct contact with students in
  connection with the person's continuing duties.
         (c) For purposes of Subsection (b), a person does not have
  the opportunity for direct contact with students if:
               (1) the public work does not involve the construction,
  alteration, or repair of an instructional facility;
               (2) for a 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.
         (d) A contracting entity or subcontracting entity may not
  permit an employee to whom Subsection (b) applies to provide
  services at an instructional facility if the employee, during the
  preceding 30 years, was convicted of any of the following offenses
  and the victim was under 18 years of age or was enrolled in a public
  school:
               (1) a felony offense under Title 5, Penal Code;
               (2) an offense on conviction of which a defendant is
  required to register as a sex offender under Chapter 62, Code of
  Criminal Procedure; or
               (3) an offense under the laws of another state or
  federal law that is equivalent to an offense under Subdivision (1)
  or (2).
         (e) For a person to whom Subsection (b) applies, the
  contracting entity or subcontracting entity that employs the person
  shall:
               (1) 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;
               (2) obtain all criminal history record information
  that relates to the person through the criminal history
  clearinghouse as provided by Section 411.0845, Government Code; and
               (3) certify to the school district, open-enrollment
  charter school, shared services arrangement, or contracting
  entity, as applicable, that the contracting entity or
  subcontracting entity that employs the person has received all
  criminal history record information relating to the person.
         (f) A contracting entity shall certify to the school
  district, open-enrollment charter school, or shared services
  arrangement, as applicable, that the contracting entity has
  obtained written certifications from any subcontracting entity
  that the subcontracting entity has complied with Subsection (e) as
  it relates to the subcontracting entity's employees.
         (g) On receipt of information described by Subsection
  (e)(1), 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.
         (h) A school district, open-enrollment charter school, or
  shared services arrangement may directly obtain the criminal
  history record information of a person to whom Subsection (b)
  applies through the criminal history clearinghouse as provided by
  Section 411.0845, Government Code.
         (i) If a contracting entity or subcontracting entity
  determines that Subsection (b) 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 (b) does not apply to the employee
  continue to exist throughout the time that the contracted services
  are provided.
         (j) In the event of an emergency, a school district,
  open-enrollment charter school, or shared services arrangement may
  allow a person to whom Subsection (b) applies to enter an
  instructional facility if the person is accompanied by an employee
  of the district, school, or arrangement. A school district,
  open-enrollment charter school, or shared services arrangement may
  adopt a policy regarding an emergency for purposes of this
  subsection.
         (k) The commissioner may adopt rules necessary to implement
  this section.
  Added by Acts 2017, 85th Leg., R.S., Ch. 1070 (H.B. 3270), Sec. 2,
  eff. September 1, 2017.
         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
  or 22.08341.
         (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 [a person who is]:
               (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 racing with
  pari-mutuel racing activities or wagering without first obtaining a
  license from the commission. A person may not engage in any
  occupation for which commission rules require a license under this
  subtitle without first obtaining a license from the commission.
         (b) The commission by rule shall categorize the occupations
  of racetrack employees and determine the occupations that afford
  the employee an opportunity to influence racing with pari-mutuel
  wagering, including individuals who:The rules must require an
  employee to be licensed under this subtitle if the employee.
               (1) works in an occupation as an employee, contractor,
  or volunteer,determined by the commission to afford the individual
  the employee an opportunity to influence racing with pari-mutuel
  wagering;
         or (2) will likely have significant access to the backside of
  a racetrack or to restricted areas of the frontside of a racetrack
               (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 Ccriminal history record information obtained by
  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) [(3)] an applicant for employment with the Office
  of Consumer Credit Commissioner; or
               (5) [(4)] a contractor or subcontractor of the Office
  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: [The consumer
  credit commissioner may not release or disclose criminal history
  record information obtained under this section unless:
               [(1) the information is obtained from a
  fingerprint-based search; and
               [(2) the information is released or disclosed:
               (1) [(A)] on court order;
               (2) [(B)] to the person who is the subject of the
  criminal history record information; [or]
               (3) [(C)] with the consent of the person who is the
  subject of the criminal history record information; or
               (4) in a hearing where the Office of Consumer Credit
  Commissioner is a party.
         (c) 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) [411.095(a)(1)], Government Code.
  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
  [Subsection] (e) or (f).
         (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 [a person who is]:
               (1) an applicant for or the holder of: 
                     (A) a driver education instructor license under
  Chapter 1001, Education Code; [a license, certificate,
  registration, title, or permit issued by the department]; [or]
                     (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: [the holder of a license,
  certificate, registration, title, or permit issued by the
  department]
                     (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[,
  except as provided by Section 411.093];
               (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[,
  except as provided by Section 411.093];
               (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[,
  except as provided by Section 411.093];
               (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 (ec).
         (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 HearingsTexas Lottery
  Commission.
         (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.
         (c)  The commission is not prohibited from disclosing to the
  person who is the subject of the criminal history record
  information the dates and places of arrests, offenses, and
  dispositions contained in the criminal history record information.
  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 [1104.403,] 1104.404, or 1104.406(a), the clerk
  of the county having venue of the proceeding for the appointment of
  a guardian shall obtain criminal history record information that is
  maintained by the Department of Public Safety or the Federal Bureau
  of Investigation identification division relating to:
               (1) a private professional guardian;
               (2) each person who represents or plans to represent
  the interests of a ward as a guardian on behalf of the private
  professional guardian;
               (3) each person employed by a private professional
  guardian who will:
                     (A) have personal contact with a ward or proposed
  ward;
                     (B) exercise control over and manage a ward's
  estate; or
                     (C) perform any duties with respect to the
  management of a ward's estate;
               (4) each person employed by or volunteering or
  contracting with a guardianship program to provide
  guardianship services to a ward of the program on the
  program's behalf; or
               (5) any other person proposed to serve as a guardian
  under this title, including a proposed temporary guardian and
  a proposed successor guardian, 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[ Chapter 155],
  Government Code. However, the clerk shall obtain criminal history
  record information from the Federal Bureau of Investigation
  identification division relating to each person described in
  Section 1104.402 regardless of whether the Judicial Branch
  Certification Commission obtained information on such a person.
         (b) The commission [board] shall provide to the clerk [at the
  court's request] the criminal history record information that was
  obtained from the Department of Public Safety[ or the Federal
  Bureau of Investigation]. The commission is prohibited from
  disseminating criminal history record information that was
  obtained from the Federal Bureau of Investigation 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, [1104.403, ]or 1104.404 is privileged and
  confidential and is for the exclusive use of the court. The
  criminal history record information may not be released or
  otherwise disclosed to any person or agency except on court order
  [or consent of the person being investigated]. The court may use
  the criminal history record information only 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[person's] criminal history or other
  information that indicates the applicant[person] lacks the
  honesty, trustworthiness, or integrity to hold the certification,
  registration, or license. The commission shall, in accordance with
  this Section and rules adopted by order of the 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 the this Section for any other purpose. The commission may
  not transfer criminal history record information obtained from the
  Federal Bureau of Investigation identification division under this
  Section to any other state agency, entity, or person, 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 [or] the Federal Bureau of
  Investigation identification division relating to an individual
  seeking appointment as a guardian or temporary guardian in
  accordance with Subsection (b).
         (b) The clerkcommission shall obtain[:
         (1)] fingerprint-based criminal history record information
  of a proposed guardian if:
               (1)[(A)] the liquid assets of the estate of a ward
  exceed $50,000; or
               (2)[(B)] the proposed guardian is not a resident of
  this state.[; or]
         (c)[(2)] The commission shall obtain name-based criminal
  history record information of a proposed guardian, including
  any criminal history record information under the current
  name and all former names of the proposed guardian, if:
               (1)[(A)] the liquid assets of the estate of a ward are
  $50,000 or less; and
               (2)[(B)] the proposed guardian is a resident of this
  state.
         (d) Each proposed guardian described 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 [or to maintain the registration of a
  guardianship under Subchapter D].
         (b) A court may use Texas [the] criminal history record
  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-5),] and (a-4) [(a-6)], the clerk of the county having venue over
  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) [The Health and Human Services Commission shall
  provide the information obtained under Subsection (a-1) to:
               (1) the clerk of the county having venue over the
  guardianship proceeding at the request of the court; and
               (2) the guardianship certification program of the
  Judicial Branch Certification Commission at the request of the
  Judicial Branch Certification Commission.
         (a-5) Not later than the 10th day before the date of the
  hearing to appoint a guardian, a person may submit to the clerk a
  copy of the person's criminal history record information required
  under Subsection (a)(5) that the person obtains from the department
  not earlier than the 30th day before the date of the hearing.
         (a-6)] The clerk described by Subsection (a) 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 [Chapter 155]. The commission
  shall provide to the clerk [at the court's request] the criminal
  history record information that was obtained from the department
  [or the Federal Bureau of Investigation]. The clerk shall in
  accordance with 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 [Subsection (a), (a-5), or
  (a-6)] is for the exclusive use of the court and is privileged and
  confidential.
         (c) Criminal history record information obtained by or
  provided to a clerk under this section [under Subsection (a),
  (a-5), or (a-6)] may not be released or disclosed to any person or
  agency except on court order [or with the consent of the person who
  is the subject of the information]. The clerk may destroy the
  criminal history record information after the information is used
  for the purposes authorized by this section.
         (d) [The criminal history record information obtained under
  Subsection (a-4) is for the exclusive use of the court or
  guardianship certification program of the Judicial Branch
  Certification Commission, as appropriate, and is privileged and
  confidential. The information may not be released or otherwise
  disclosed to any person or agency except on court order, with the
  consent of the person being investigated, or as authorized by
  Subsection (a-6) or Section 1104.404, Estates Code. The county
  clerk or guardianship certification program of the Judicial Branch
  Certification Commission may destroy the criminal history record
  information after the information is used for the purposes
  authorized by this section.
         (e)] The court, as that term is defined by Section 1002.008,
  Estates Code, shall use the information obtained or provided under
  Subsection (a) or (a-4)[, ](a-4)[(1), (a-5), or (a-6)] only in
  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)[(f) Criminal history record information obtained by the
  guardianship certification program of the Judicial Branch
  Certification Commission under Subsection (a-4)(2) may be used for
  any purpose related to the issuance, denial, renewal, suspension,
  or revocation of a certificate issued by the commission.
         (g)] A person commits an offense if the person releases or
  discloses any information received under this section without the
  authorization prescribed by Subsection (c)[ or (d)]. An offense
  under this subsection is a Class A misdemeanor.
         (f)[(h)] The county clerk may charge a $10 fee to recover the
  costs of obtaining criminal history information recordscriminal
  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).
         [(i) 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 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[The] commission
  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) [with the consent of the person who is the
  subject of the information; or]
                     (C) as authorized by Section
  411.1386(a-4)[(a-6)] of this code or Section 1104.404,
  Estates Code, if applicable; and
               (3) shall be destroyed by the commission after the
  information is used for the authorized purposes.
         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[An] appellate court
  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
  [or with the consent of the person who is the subject of the
  criminal history record information]. Despite the issuance of an
  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.
feedback