Tex.
Code of Crim. Proc. Article 66.104
Duties of Licensing Agencies to Provide Information Regarding License Holders
(a)
The Texas Medical Board, the Texas Department of Licensing and Regulation, only with respect to a person licensed under Chapter 202 (Podiatrists), Occupations Code, the State Board of Dental Examiners, the Texas State Board of Pharmacy, the Texas Behavioral Health Executive Council, only with respect to a person licensed under Chapter 501 (Psychologists), Occupations Code, and the State Board of Veterinary Medical Examiners shall provide to the Department of Public Safety through electronic means, magnetic tape, or disk, as specified by the department, a list of each person licensed by the respective agency, including the person’s name and date of birth and any other personal descriptive information required by the department. Each agency shall update the information and submit the updated information quarterly to the department.(b)
The Department of Public Safety shall:(1)
perform at least quarterly a computer match of the licensing list against the convictions maintained in the computerized criminal history system; and(2)
report to the appropriate licensing agency for verification and administrative action, as considered appropriate by the licensing agency, the name of any person found to have a record of conviction, other than a defendant whose prosecution is deferred during a period of community supervision without an adjudication of guilt or a plea of guilty.(c)
The Department of Public Safety may charge a licensing agency a fee not to exceed the actual direct cost incurred by the department in performing a computer match and reporting to the agency under Subsection (b).(d)
The transmission of information by electronic means under Subsection (a) does not affect whether the information is subject to disclosure under Chapter 552 (Public Information), Government Code.(a)
On receipt of information from a local law enforcement agency under Article 2.28 (Duties Regarding Misused Identity), the Department of Public Safety shall:(1)
provide the notice described by Article 2.28 (Duties Regarding Misused Identity)(1) to the person whose identity was misused, if the local law enforcement agency was unable to notify the person under that subdivision;(2)
take action to ensure that the information maintained in the computerized criminal history system reflects the use of the person’s identity as a stolen alias; and(3)
notify the Texas Department of Criminal Justice that the person’s identifying information may have been falsely used by an inmate in the custody of the Texas Department of Criminal Justice.(a)
On receipt of information from a local law enforcement agency under Article 2A.061 (Misused Identity Notifications), the Department of Public Safety shall:(1)
provide the notice described by Article 2A.061 (Misused Identity Notifications)(1) to the person whose identity was misused, if the local law enforcement agency was unable to notify the person under that subdivision;(2)
take action to ensure that the information maintained in the computerized criminal history system reflects the use of the person’s identity as a stolen alias; and(3)
notify the Texas Department of Criminal Justice that the person’s identifying information may have been falsely used by an inmate in the custody of the Texas Department of Criminal Justice.(b)
On receipt of a declaration under Section 411.0421 (Information Regarding Fraudulent Use of Identification), Government Code, or on receipt of information similar to that contained in a declaration filed under that section, the Department of Public Safety shall separate information maintained in the computerized criminal history system regarding an individual whose identity has been misused from information maintained in that system regarding the person who misused the identity.
Source:
Article 66.104 — Duties of Licensing Agencies to Provide Information Regarding License Holders, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.66.htm#66.104 (accessed Jun. 5, 2024).
