Texas Government Code
Sec. § 411.088
Fees


(a)

Except as otherwise provided by Subsection (a-1), the department may charge a person a fee for processing inquiries for criminal history record information. The department may charge:

(1)

a fee of $10 for each inquiry for criminal history record information on a person that is processed only on the basis of the persons name, unless the inquiry is submitted electronically or by magnetic media, in which event the fee is $1;

(2)

a fee of $15 for each inquiry for criminal history record information on a person that is processed on the basis of a fingerprint comparison search; and

(3)

except as provided by Subsection (b), actual costs for processing all other information inquiries.

(a-1)

The department may not charge a fee under Subsection (a) for providing criminal history record information to:

(1)

a criminal justice agency;

(2)

the office of capital and forensic writs; or

(3)

a public defenders office.

(b)

The department may not charge for processing an electronic inquiry for information described as public information under Article 62.005, Code of Criminal Procedure, made through the use of the Internet.

(c)

The fee a municipality pays under Subsection (a)(1) for an inquiry submitted electronically or by magnetic media may be used to allow the department to make the information available through electronic means under Section 411.129.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 165, Sec. 8, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 747, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 791, Sec. 2, eff. June 18, 1999; Acts 1999, 76th Leg., ch. 1024, Sec. 2, eff. June 18, 1999; Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(40), eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 2.09, eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 1188 (S.B. 1044), Sec. 2, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1215 (S.B. 1743), Sec. 24, eff. September 1, 2015.
Sec. 411.089. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: CRIMINAL JUSTICE AGENCY. (a) A criminal justice agency is entitled to obtain from the department any criminal history record information maintained by the department about a person.

(b)

Criminal history record information obtained under Subsection (a) may be released by the criminal justice agency:

(1)

to any other criminal justice agency, if such release is for a criminal justice purpose; and

(2)

through audio response terminals and radio devices, whether digital or voice, if such dissemination is in accordance with rules promulgated by the department.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993.
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 chemical precursor transfer permit issued by the director under Section 481.078, Health and Safety Code;

(3)

is an applicant for or holds a chemical laboratory apparatus transfer permit issued by the director under Section 481.081, Health and Safety Code;

(4)

is an applicant for 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 approval or has been approved as a program sponsor by the department under Chapter 662, Transportation Code, is an applicant for certification by the department as an instructor under that chapter, or holds an instructor certificate issued under that chapter.

(b)

The department may release or disclose 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.
Added by Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 9.01, eff. June 19, 2009.
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 a certificate under Subchapter B, Chapter 21, Education Code.

(b)

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, suspension, 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.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 260, Sec. 27, eff. May 30, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1372 (S.B. 9), Sec. 20, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 9A.02, eff. September 1, 2009.
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 a school district or open-enrollment charter school;

(2)

is employed or is an applicant for employment by a shared services arrangement, if the employees or applicants duties are or will be performed on school property or at another location where students are regularly present; or

(3)

is employed or is an applicant for employment by an entity that contracts with a school district, open-enrollment charter school, or shared services arrangement if:

(A)

the employee or applicant has or will have continuing duties relating to the contracted services; and

(B)

the employee or applicant has or will have direct contact with students.

(b)

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.
Added by Acts 2007, 80th Leg., R.S., Ch. 1372 (S.B. 9), Sec. 21, eff. June 15, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 9A.03, eff. September 1, 2009.
Sec. 411.091. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS ALCOHOLIC BEVERAGE COMMISSION. (a) The Texas Alcoholic Beverage Commission is entitled to obtain from the department criminal history record information maintained by the department that the commission believes is necessary for the enforcement or administration of the Alcoholic Beverage Code.

(b)

Criminal history record information obtained by the commission under Subsection (a) may be used only for the enforcement and administration of the Alcoholic Beverage Code.

(c)

Repealed by Acts 2001, 77th Leg., ch. 1420, Sec. 14.753, eff. Sept. 1, 2001.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(28), eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 1420, Sec. 14.752, 14.753, eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 9.001, eff. September 1, 2013.
Sec. 411.0915. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION OF POLITICAL SUBDIVISIONS: TEXAS ALCOHOLIC BEVERAGE COMMISSION. The commission is entitled to receive criminal history record information, without charge, from any political subdivision of this state. Information obtained may only be used by the commission for the enforcement of the Alcoholic Beverage Code.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993.
Sec. 411.092. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: BANKING COMMISSIONER. (a) The banking 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 a license, charter, or other authority granted or issued by the banking commissioner under:

(A)

Subtitle A, F, or G, Title 3, Finance Code;

(B)

Chapter 151 or 154, Finance Code; or

(C)

Chapter 712, Health and Safety Code;

(2)

a principal of an applicant under Subdivision (1);

(3)

an employee of or applicant for employment or volunteer with the Texas Department of Banking; or

(4)

a contractor or subcontractor of the Texas Department of Banking.

(b)

Criminal history record information obtained by the commissioner under Subsection (a), except on court order or as provided by Subsection (c), may not be released or disclosed to any person.

(c)

The commissioner is not prohibited from disclosing to the individual who is the subject of the information the dates and places of arrests, the offenses, and the dispositions in the criminal history record information.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 194, Sec. 1, eff. May 23, 1995; Acts 1999, 76th Leg., ch. 62, Sec. 7.59, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 35 (S.B. 192), Sec. 1, eff. September 1, 2013.
Sec. 411.093. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS DEPARTMENT OF LICENSING AND REGULATION. The Texas Department of Licensing and Regulation is entitled to obtain from the department criminal history record information maintained the department that relates to a person who is:

(1)

an applicant for a license, certificate, registration, title, or permit issued by the department; or

(2)

the holder of a license, certificate, registration, title, or permit issued by the department.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993. Amended by Acts 2003, 78th Leg., ch. 296, Sec. 2, eff. Sept. 1, 2003.
Sec. 411.094. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: HIGHER EDUCATION ENTITIES; SECURITY-SENSITIVE POSITION. (a) In this section:

(1)

"Institution of higher education":

(A)

has the meaning assigned by Section 61.003, Education Code; or

(B)

means a private institution of higher education that is accredited by the Commission on Colleges of the Southern Association of Colleges and Schools.

(2)

"Security-sensitive position" means an employment position held by an employee who:

(A)

handles currency;

(B)

has access to a computer terminal;

(C)

has access to the personal information or identifying information of another person;

(D)

has access to the financial information of the employer or another person;

(E)

has access to a master key; or

(F)

works in a location designated as a security-sensitive area.

(b)

The Texas Higher Education Coordinating Board and each institution of higher education are 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 security-sensitive position at the coordinating board or institution, as applicable.

(c)

Criminal history record information obtained under Subsection (b) may be used only for the purpose of evaluating applicants for employment in security-sensitive positions.

(d)

Criminal history record information received under Subsection (b) may not be released or disclosed to any person except on court order or with the consent of the person who is the subject of the criminal history record information.

(e)

All criminal history record information obtained about an individual under Subsection (b) shall be destroyed by the coordinating board or by the chief of police of the institution of higher education, as applicable, as soon as practicable after the individual becomes employed in a security-sensitive position and after the expiration of any probationary term of employment or, if the individual is not hired for a security-sensitive position, after the information is used for its authorized purpose.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993. Amended by Acts 2003, 78th Leg., ch. 296, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 10.06, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 340 (H.B. 2937), Sec. 1, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 340 (H.B. 2937), Sec. 2, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 340 (H.B. 2937), Sec. 3, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1148 (S.B. 146), Sec. 1, eff. June 14, 2013.
Sec. 411.0945. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: PUBLIC INSTITUTION OF HIGHER EDUCATION; ON-CAMPUS STUDENT HOUSING. (a) In this section, "institution of higher education" has the meaning assigned by Section 61.003, Education Code.

(b)

An institution of higher education is entitled to obtain from the department criminal history record information maintained by the department that relates to a student, or to an applicant for admission as a student, who applies to reside in on-campus housing at the institution.

(c)

Criminal history record information obtained by an institution of higher education under Subsection (b) may be used by the chief of police of the institution or by the institutions housing office only for the purpose of evaluating current students or applicants for enrollment who apply to reside in on-campus housing at the institution. The institution shall notify a student who is the subject of the criminal history record information of any use of the information to deny the student the opportunity to reside in on-campus housing at the institution.

(d)

Criminal history record information received by an institution of higher education under Subsection (b) may not be released or disclosed to any person except on court order or with the consent of the person who is the subject of the criminal history record information.

(e)

As soon as practicable after the beginning of the academic period for which the persons housing application was submitted, all criminal history record information obtained about a person under Subsection (b), including any copy of the content of that information held by the institution, shall be destroyed by the chief of police of the institution of higher education or by the institutions housing office, as applicable.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1148 (S.B. 146), Sec. 2, eff. June 14, 2013.
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 that relates to a person who is:

(1)

an applicant for or holder of a license or registration under Chapter 180, 342, 347, 348, 351, 353, 371, 393, or 394, Finance Code;

(2)

an employee of or volunteer with the Office of Consumer Credit Commissioner;

(3)

an applicant for employment with the Office of Consumer Credit Commissioner; or

(4)

a contractor or subcontractor of the Office of Consumer Credit Commissioner.

(b)

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:

(A)

on court order;

(B)

to the person who is the subject of the criminal history record information; or

(C)

with the consent of the person who is the subject of the criminal history record information.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.60, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1235, Sec. 24, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 296, Sec. 13(1), eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1104 (H.B. 10), Sec. 20, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 117 (H.B. 2559), Sec. 18, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 256 (S.B. 1075), Sec. 1, eff. September 1, 2015.
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 pertains to a person who is:

(1)

appointed to the commission;

(2)

an applicant for employment by the commission; or

(3)

an applicant for a license under Subtitle A-1, Title 13, Occupations Code (Texas Racing Act).

(b)

Criminal history record information obtained by the commission under Subsection (a) may not be released or disclosed to any person except in a criminal proceeding, in a hearing conducted by the commission, on court order, or with the consent of the applicant.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 2.04, eff. April 1, 2019.
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, or an entity that contracts to provide services to a school district, charter school, or shared services arrangement, is entitled to obtain from the department criminal history record information maintained by the department that the district, school, service center, shared services arrangement, or entity is required or authorized to obtain under Subchapter C, Chapter 22, Education Code, that relates to a person who is:

(1)

an applicant for employment by the district, school, service center, or shared services arrangement;

(2)

an employee of or an applicant for employment with a public or commercial transportation company that contracts with the district, school, service center, or shared services arrangement to provide transportation services if the employee drives or the applicant will drive a bus in which students are transported or is employed or is seeking employment as a bus monitor or bus aide on a bus in which students are transported; or

(3)

an employee of or applicant for employment by an entity that contracts to provide services to a school district, charter school, or shared services arrangement as provided by Section 22.0834 or 22.08341, Education Code.

(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)

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 departments 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.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 260, Sec. 27, eff. May 30, 1995; Acts 1997, 75th Leg., ch. 1438, Sec. 13, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1504, Sec. 33, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1372 (S.B. 9), Sec. 22, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1372 (S.B. 9), Sec. 23, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 9A.04, eff. September 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 1070 (H.B. 3270), Sec. 4, eff. September 1, 2017.
Sec. 411.0971. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEACHER RETIREMENT SYSTEM OF TEXAS. (a) The Teacher Retirement System of Texas is entitled to obtain from the department, the Federal Bureau of Investigation Criminal Justice Information Services Division, or another law enforcement agency criminal history record information maintained by the department, division, or agency that relates to a person who:

(1)

is an employee or an applicant for employment with the retirement system;

(2)

is a consultant, contract employee, independent contractor, intern, or volunteer for the retirement system or an applicant to serve in one of those positions;

(3)

proposes to enter into a contract with or has a contract with the retirement system to perform services for or supply goods to the retirement system; or

(4)

is an employee or subcontractor, or an applicant to be an employee or subcontractor, of a contractor that provides services to the retirement system.

(b)

Criminal history record information obtained by the Teacher Retirement System of Texas under Subsection (a) may not be released or disclosed to any person except:

(1)

on court order;

(2)

with the consent of the person who is the subject of the criminal history record information; or

(3)

to a federal agency as required by federal law or executive order.

(c)

The Teacher Retirement System of Texas shall destroy criminal history record information obtained under this section after the information is used for the purposes authorized by this section.

(d)

The Teacher Retirement System of Texas may provide a copy of the criminal history record information obtained from the department, the Federal Bureau of Investigation Criminal Justice Information Services Division, or other law enforcement agency to the individual who is the subject of the information.

(e)

The failure or refusal of an employee or applicant to provide the following on request constitutes good cause for dismissal or refusal to hire:

(1)

a complete set of fingerprints;

(2)

a true and complete name; or

(3)

other information necessary for a law enforcement entity to obtain criminal history record information.
Added by Acts 2011, 82nd Leg., R.S., Ch. 455 (S.B. 1667), Sec. 2, eff. September 1, 2011.
Sec. 411.098. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS SCHOOL FOR THE BLIND AND VISUALLY IMPAIRED. (a) The Texas School for the Blind and Visually Impaired is entitled to obtain criminal history record information maintained by the Department of Public Safety, the Federal Bureau of Investigation identification division, or another law enforcement agency which relates to school employees, professional consultants, applicants for permanent, temporary, or consultative employment, student teachers, educational interns, persons who perform ongoing educational projects at the school, and volunteer positions whose employment or potential employment or volunteer positions with the school involves direct interactions with, or the opportunity to interact and associate with, the children or youth attending the school.

(b)

Criminal history record information obtained by the school under Subsection (a) may not be released or disclosed to any person except on court order, with the consent of the person who is the subject of the criminal history record information, or as provided by Subsection (d).

(c)

The school shall destroy criminal history record information that relates to a person after the information is used for its authorized purpose.

(d)

The school may provide the applicant, employee, professional consultant, volunteer, student teacher, educational intern, or person who performs ongoing educational projects at the school with a copy of respective criminal history record information obtained from the Department of Public Safety, the Federal Bureau of Investigation identification division, or another law enforcement agency.

(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 or accept for placement, as applicable, with regard to school employees, professional consultants, applicants for permanent, temporary, or consultative employment, student teachers, educational interns, persons who perform ongoing educational projects at the school, or volunteer positions whose employment or potential employment or volunteer position with the school involves direct interactions with, or the opportunity to interact and associate with, the children or youth attending the school.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 1341, Sec. 6, eff. Sept. 1, 1997.
Sec. 411.099. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS STATE BOARD OF MEDICAL EXAMINERS. The Texas State Board of 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 under Subtitle B, Title 3, Occupations Code; or

(2)

the holder of a license under that subtitle.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.754, eff. Sept. 1, 2001.
Sec. 411.0995. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: STATE BOARD OF VETERINARY MEDICAL EXAMINERS. The State 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 to practice equine dentistry under Chapter 801, Occupations Code; or

(2)

the holder of a license under that chapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 940 (H.B. 414), Sec. 28, eff. September 1, 2011.
Sec. 411.100. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: BOARD OF LAW EXAMINERS AND STATE BAR OF TEXAS. (a) The Board of Law Examiners is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is an applicant to take a bar examination.

(a-1)

The State Bar of Texas is entitled to obtain:

(1)

from the department, criminal history record information maintained by the department that relates to a person who is a member of the state bar; or

(2)

from the Board of Law Examiners, criminal history record information obtained under Subsection (a).

(b)

Criminal history record information obtained under Subsection (a) or (a-1) may not be released or disclosed to any person, except on court order or with consent of the applicant.

(c)

Immediately following the decision of the Board of Law Examiners on recommending an applicant, the board shall collect and make accessible to the State Bar of Texas all criminal history record information obtained by the board that relates to that applicant.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 531 (S.B. 302), Sec. 12, eff. September 1, 2017.
Sec. 411.1005. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: STATE BAR OF TEXAS. (a) The chief disciplinary counsel of the State Bar of Texas is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is:

(1)

licensed by the state bar;

(2)

the subject of or involved in an investigation of:

(A)

professional misconduct relating to a grievance filed under the disciplinary rules of the state bar; or

(B)

barratry, the unauthorized practice of law, or falsely holding oneself out as a lawyer, in violation of Section 38.12, 38.122, or 38.123, Penal Code;

(3)

a witness in any disciplinary action or proceeding conducted by the state bar, the Board of Disciplinary Appeals, or any court; or

(4)

an applicant for reinstatement to practice law.

(b)

Information received by the state bar is confidential and may be disseminated only:

(1)

in a disciplinary action or proceeding conducted by the state bar, the Board of Disciplinary Appeals, or any court; or

(2)

with the consent of the person who is the subject of the criminal history record information.

(c)

The state bar shall destroy criminal history record information obtained under this section promptly after a final determination is made in the matter for which the information was obtained.
Added by Acts 1997, 75th Leg., ch. 440, Sec. 1, eff. May 29, 1997. Renumbered from Sec. 411.135 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(39), eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 10.08, eff. June 19, 2009.
Acts 2017, 85th Leg., R.S., Ch. 531 (S.B. 302), Sec. 13, eff. September 1, 2017.
Sec. 411.102. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: MCGRUFF HOUSE PROGRAM. (a) In this section:

(1)

"McGruff House" means a house that has been designated as a temporary haven for school-age children by a McGruff House program.

(2)

"McGruff House program" means a program organized by local law enforcement agencies and civic organizations to provide a temporary haven and sense of security to school-age children in emergency or threatening situations.

(b)

A local law enforcement agency involved in establishing a McGruff House program is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is an adult residing in a McGruff House.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993.
Sec. 411.103. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: CHILD WATCH PROGRAM. (a) In this section, "child watch program" means a program organized by a local civic organization with the cooperation of a school district to protect schoolchildren by having parents or volunteers patrol their residential neighborhoods and schools to watch for suspicious activity, dangers, and threats to children.

(b)

A local law enforcement agency that participates in a child watch program is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who:

(1)

is a participant in the program; and

(2)

gives written consent to the disclosure of the information.

(c)

Criminal history record information obtained by a law enforcement agency under Subsection (b) may not be released or disclosed except on court order or with the consent of the person who is the subject of the criminal history record information.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993.
Sec. 411.104. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS WORKFORCE COMMISSION; SECURITY SENSITIVE POSITIONS. (a) In this section, "security sensitive position" has the meaning assigned by Section 301.042(c), Labor Code.

(b)

The Texas Workforce 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 a security sensitive position.

(c)

Criminal history record information obtained by the commission 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)

After the commission hires an applicant for a security sensitive position, the commission shall seal the criminal history record information that relates to the applicant and deliver the information to the agency administrator or the administrators designee, who shall destroy the information.

(e)

The commission shall destroy the criminal history record information of an applicant who is not hired.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.59, eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 296, Sec. 4, 5, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 3, eff. September 1, 2015.
Sec. 411.1041. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS WORKFORCE COMMISSION; VOCATIONAL REHABILITATION AND OTHER SERVICES. (a) The Texas Workforce Commission, in connection with the administration of vocational rehabilitation services and other services and programs under Subtitle C, Title 4, Labor Code, 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 selected for employment with the commission whose potential duties include direct contact with clients to provide those services;

(2)

an applicant for those services from the commission; or

(3)

a client receiving those services from the commission.

(b)

Criminal history record information obtained by the commission under Subsection (a) 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.
Added by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 4, eff. September 1, 2016.
Sec. 411.105. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY. The Texas State Board of Public Accountancy 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 certification as a certified public accountant under Chapter 901, Occupations Code; or

(2)

an applicant to take the uniform CPA examination under that Act.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993. Amended by Acts 2003, 78th Leg., ch. 296, Sec. 6, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 9.002, eff. September 1, 2013.
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 State Board of Insurance to engage in an activity regulated under the Insurance Code; or

(2)

a corporate officer of an insurance company regulated by the Texas Department of Insurance.

(b)

Criminal 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 consent of the person who is the subject of the criminal history record information.

(c)

After the Texas Department of Insurance makes a determination as to the issuance of a license or certificate of authority to an applicant, the Texas Department of Insurance shall seal the criminal history record information regarding the applicant and shall deliver the information to the commissioner of insurance or the commissioners designee, who shall maintain the information as provided by State Board of Insurance rule.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993.
Sec. 411.107. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: RECEIVER. (a) In this section, "receiver" has the meaning assigned by Article 21.28, Insurance Code.

(b)

A receiver is entitled to obtain from the department criminal history record information maintained by the department that the receiver believes is necessary for the investigation of any matter relating to a receivership estate.

(c)

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 consent of the person who is the subject of the criminal history record information.

(d)

A receiver may destroy criminal history record information obtained under Subsection (b) after the purpose for which the information was obtained is accomplished.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993.
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 persons 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)

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 or as provided by Subsection (c).

(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.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.54, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 636 (H.B. 1474), Sec. 41, eff. October 1, 2009.
Sec. 411.109. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: COMPTROLLER. (a) The comptroller is entitled to obtain from the department criminal history record information maintained by the department that the comptroller believes is necessary for the enforcement or administration of Chapter 151, 152, 154, 155, or 162, Tax Code, including criminal history record information that relates to a person who is:

(1)

an applicant for a permit under any of those chapters;

(2)

a permit holder under any of those chapters;

(3)

an officer, director, stockholder owning 10 percent or more of the outstanding stock, partner, owner, or managing employee of an applicant or permit holder under any of those chapters that is a corporation, association, joint venture, syndicate, partnership, or proprietorship;

(4)

believed to have violated any of those chapters; or

(5)

being considered by the comptroller for employment as a peace officer.

(b)

The comptroller is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is an employee of or an applicant for employment with the comptrollers office in a position that involves:

(1)

handling currency, checks, or other funds;

(2)

having access to taxpayer account information;

(3)

working in a location designated by the comptroller as a security-sensitive area; or

(4)

performing financial management duties designated by the comptroller as security sensitive.

(c)

Repealed by Acts 2015, 84th Leg., R.S., Ch. 1255 , Sec. 36(1), eff. September 1, 2015.

(d)

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 or as provided by Subsection (e).

(e)

The comptroller is not prohibited from disclosing to a person who is the subject of criminal history record information the dates and places of arrests, the offenses, and the dispositions in the criminal history record information.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 1035, Sec. 77, eff. June 19, 1997; Acts 1997, 75th Leg., ch. 1423, Sec. 8.12, eff. Sept. 1, 1997; Amended by Acts 2001, 77th Leg., ch. 442, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 68 (S.B. 934), Sec. 6, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1255 (H.B. 1905), Sec. 36(1), eff. September 1, 2015.
Sec. 411.110. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: DEPARTMENT OF STATE HEALTH SERVICES. (a) The Department of State Health Services 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 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)

an applicant for a license or a license holder under Subchapter N, Chapter 431, Health and Safety Code;

(3)

an applicant for a license, the owner or manager of an applicant for a massage establishment license, or a license holder under Chapter 455, Occupations Code;

(4)

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;

(5)

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 Department of State Health Services that monitors sexually violent predators as described by Section 841.003(a), Health and Safety Code; or

(6)

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.

(b)

Criminal history record information obtained by the Department of State Health Services 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 Department of State Health Services shall destroy the criminal history record information that relates to that entity. The Department of State Health Services 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 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 is not prohibited from disclosing criminal history record information obtained under Subsection (a) in a criminal proceeding or in a hearing conducted by the Department of State Health Services.

(f)

The Department of State Health Services may not consider offenses for which points are assessed under Section 708.052, 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.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 282 (H.B. 164), Sec. 3(j), eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1300 (H.B. 2696), Sec. 33, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 7.004, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1151 (H.B. 2917), Sec. 1, eff. June 19, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.002, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 5.04, eff. September 1, 2015.
Sec. 411.1103. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: DEPARTMENT OF STATE HEALTH SERVICES. (a) The Department of State Health Services is entitled to obtain from the department criminal history record information maintained by the department that relates to a person:

(1)

who is:

(A)

an applicant for employment at a state hospital;

(B)

an employee of a state hospital;

(C)

a person who contracts or may contract to provide goods or services to the Department of State Health Services at a state hospital or an employee of or applicant for employment with that person;

(D)

a volunteer with a state hospital; or

(E)

an applicant for a volunteer position with a state hospital; and

(2)

who would be placed in direct contact with a patient at a state hospital.

(b)

Criminal history record information obtained by the Department of State Health Services under 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 concerning the person who is the subject of the criminal history record information; or

(4)

as provided by Subsection (c).

(c)

The Department of State Health Services is not prohibited from releasing criminal history record information obtained under this section to the person who is the subject of the criminal history record information.

(d)

Subject to Section 411.087, the Department of State Health Services 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).

(e)

This section does not prohibit the Department of State Health Services from obtaining and using criminal history record information as provided by other law.
Added by Acts 2013, 83rd Leg., R.S., Ch. 395 (S.B. 152), Sec. 5, eff. June 14, 2013.
Sec. 411.1105. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: DEPARTMENT OF STATE HEALTH SERVICES. (a) The Department of State Health Services 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 chemical dependency counselors license, a counselor interns 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)

In addition to information obtained from the Federal Bureau of Investigation under Section 411.087, the Department of State Health Services is entitled to obtain information relating to the wanted persons status of an individual listed in Subsection (a).

(c)

Criminal history record information obtained by the Department of State Health Services under Subsection (a) may not be released or disclosed to any person except on court order, with the consent of the person who is the subject of the criminal history record information, or as provided by Subsection (d).

(d)

The Department of State Health Services may provide the applicant or licensee with a copy of the persons criminal history record information obtained from the Department of Public Safety, Federal Bureau of Investigation identification division, or another law enforcement agency.
Added by Acts 1997, 75th Leg., ch. 18, Sec. 1, eff. Sept. 1, 1997. Renumbered from Sec. 411.132 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(33), eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.755, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1373 (S.B. 155), Sec. 23, eff. September 1, 2007.
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 commissioners designee, 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 employment for a position in which the person, as an employee, would have access to sensitive personal or financial information, as determined by the executive commissioner, in:

(A)

the eligibility services division of the commission; or

(B)

the commissions office of inspector general; or

(2)

an employee of the commission who has access to sensitive personal or financial information, as determined by the executive commissioner.

(c)

Criminal history record information obtained by the executive commissioner of the commission, or by the executive commissioners designee, under Subsection (b) may not be released or disclosed, except:

(1)

if the information is in a public record at the time the information is obtained;

(2)

on court order;

(3)

to a criminal justice agency, upon request;

(4)

with the consent of the person who is the subject of the criminal history record information; or

(5)

as provided by Subsection (d).

(d)

The commission is not prohibited from disclosing criminal history record information obtained under Subsection (b) in a criminal proceeding or in a hearing conducted by the commission.

(e)

The executive commissioner shall destroy all criminal history record information obtained under Subsection (b) as soon as practicable after the information is used for its authorized purpose.
Added by Acts 2015, 84th Leg., R.S., Ch. 1209 (S.B. 1540), Sec. 1, eff. June 19, 2015.
Sec. 411.111. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: DISTRICT COURT; NAME CHANGES. A district court is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is:

(1)

an adult; and

(2)

has petitioned the court to order a change of name for the person.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993.
Sec. 411.112. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS COMMISSION ON LAW ENFORCEMENT. The Texas Commission on Law Enforcement 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 under Chapter 1701, Occupations Code; or

(2)

the holder of a license under that chapter.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 9.0045, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.23, eff. May 18, 2013.
Sec. 411.113. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS SCHOOL FOR THE DEAF. (a) The Texas School for the Deaf is entitled to obtain criminal history record information maintained by the Department of Public Safety, the Federal Bureau of Investigation identification division, or another law enforcement agency which relates to school employees, professional consultants, applicants for permanent, temporary, or consultative employment, student teachers, educational interns, persons who perform ongoing educational projects at the school, and volunteer positions whose employment or potential employment or volunteer positions with the school involves direct interactions with, or the opportunity to interact and associate with, the children or youth attending the school.

(b)

Criminal history record information obtained by the school under Subsection (a) may not be released or disclosed to any person except on court order, with the consent of the person who is the subject of the criminal history record information, or as provided by Subsection (d).

(c)

The school shall destroy criminal history record information that relates to a person after the information is used for its authorized purpose.

(d)

The school may provide the applicant, employee, professional consultant, volunteer, student teacher, educational intern, or person who performs ongoing educational projects at the school with a copy of the respective criminal history record information obtained from the Department of Public Safety, the Federal Bureau of Investigation identification division, or another law enforcement agency.

(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 or accept for placement, as applicable, with regard to school employees, professional consultants, applicants for permanent, temporary, or consultative employment, student teachers, educational interns, persons who perform ongoing educational projects at the school, or volunteer positions whose employment or potential employment or volunteer position with the school involves direct interactions with, or the opportunity to interact and associate with, the children or youth attending the school.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 1340, Sec. 7, eff. Sept. 1, 1997.
Sec. 411.1131. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES. (a) The Department of Assistive and Rehabilitative Services 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 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 Department of Assistive and Rehabilitative Services in accordance with Section 81.013, Human Resources Code.

(b)

Criminal history record information obtained by the Department of Assistive and Rehabilitative Services under Subsection (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 Department of Assistive and Rehabilitative Services may release or disclose the information to a private entity described by Subsection (a) for that purpose.

(c)

The Department of Assistive and Rehabilitative Services may not release or disclose information obtained under Subsection (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 (a) after the information is used for its authorized purpose.
Added by Acts 2003, 78th Leg., ch. 118, Sec. 13, eff. May 23, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 10.09, eff. June 19, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.003, eff. April 2, 2015.
Sec. 411.114. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES. (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;

(ii)

the Health and Human Services Commission with respect to a function transferred to the commission under Subchapter A-1, Chapter 531; and

(iii)

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.

(C)

Deleted by Acts 2011, 82nd Leg., R.S., Ch. 1082 (S.B. 1178), Sec. 13, eff. September 1, 2012.

(D)

"Person with a disability" means a disabled person as defined by Section 48.002, Human Resources Code.

(E)

Repealed by Acts 2017, 85th Leg., R.S., Ch. 1108 (H.B. 4094), Sec. 5, eff. September 1, 2017.

(2)

The Department of Family and Protective Services 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)

except as provided by Subsection (d), an applicant selected for a position with the Department of Family and Protective Services, 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 to provide direct delivery of protective services to children, elderly persons, or persons with a disability, if the persons 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;

(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 and other persons living in the residence in which the child will reside;

(H)

a Department of Family and Protective Services 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 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 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 is required to obtain under Subdivision (2), the Department of Family and Protective Services 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 regardless of the duties of the position, including a position described by Subdivision (2)(D);

(B)

a Department of Family and Protective Services employee regardless of the duties of the employees position, including an employee described by Subdivision (2)(H);

(C)

a volunteer or applicant volunteer with the Department of Family and Protective Services 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 and has access to confidential information in the departments 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 childs 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 childs 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, 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;

(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;

(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 childrens 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, the Department of Family and Protective Services is entitled to:

(A)

obtain through the Federal Bureau of Investigation criminal history record information maintained or indexed by that bureau that pertains to a person described by Subdivision (2) or (3); and

(B)

obtain from 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 to ensure prompt criminal background checks for the safety of alleged victims and Department of Family and Protective Services workers.

(5)

The Department of Family and Protective Services may not use the authority granted under this section to harass an employee or volunteer. The executive commissioner of the Health and Human Services Commission 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 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 concerning the person who is the subject of the criminal history record information; or

(D)

as provided by Subdivision (7).

(7)

The Department of Family and Protective Services 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 Section 471(a)(20)(A), Social Security Act (42 U.S.C. Section 671(a)(20)(A));

(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 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 or disabled person 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 determines that the release of information to the elderly or disabled person or adult is necessary to ensure the safety or welfare of the elderly or disabled person.

(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 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 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 organizations or persons behalf.

(d)

With respect to an applicant who is selected for employment for a function or in a division of the Department of Family and Protective Services that is transferred to the Health and Human Services Commission under Subchapter A-1, Chapter 531, the commission may obtain from the department criminal history record information maintained by the department that relates to the applicant.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 920, Sec. 7, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 648, Sec. 1, eff. June 11, 1997; Acts 1997, 75th Leg., ch. 664, Sec. 7, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1022, Sec. 96, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 8.06, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 691, Sec. 1, 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 144, Sec. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 185, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.69, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 8.002, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 598 (S.B. 218), Sec. 8, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1056 (S.B. 221), Sec. 2, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1082 (S.B. 1178), Sec. 13, eff. September 1, 2012.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 9.003, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 191 (S.B. 352), Sec. 6, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.004, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 68, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 1108 (H.B. 4094), Sec. 1, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1108 (H.B. 4094), Sec. 2, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1108 (H.B. 4094), Sec. 3, eff. September 1, 2017.
Sec. 411.1141. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS JUVENILE JUSTICE DEPARTMENT. (a) The Texas Juvenile Justice Department is entitled to obtain from the department criminal history record information maintained by the department that relates to:

(1)

a person described by Section 242.010(b), Human Resources Code;

(2)

an applicant for a certification from the Texas Juvenile Justice Department;

(3)

a holder of a certification from the Texas Juvenile Justice Department;

(4)

a child committed to the custody of the Texas Juvenile Justice Department by a juvenile court;

(5)

a person requesting visitation access to a facility of the Texas Juvenile Justice Department; or

(6)

any person, as necessary to conduct an evaluation of the home under Section 245.051(a), Human Resources Code.

(b)

Criminal history record information obtained by the Texas Juvenile Justice Department under Subsection (a) may not be released to any person except:

(1)

on court order;

(2)

with the consent of the entity or person who is the subject of the criminal history record information;

(3)

for purposes of an administrative hearing held, or an investigation conducted, by the Texas Juvenile Justice Department concerning the person who is the subject of the criminal history record information;

(4)

a juvenile board by which a certification applicant or holder is employed; or

(5)

as provided by Subsection (c) or (f).

(c)

The Texas Juvenile Justice Department is not prohibited from releasing criminal history record information obtained under Subsection (a) to:

(1)

the person who is the subject of the criminal history record information; or

(2)

a business entity or person described by Subsection (a)(1) who uses or intends to use the services of the volunteer or intern or employs or is considering employing the person who is the subject of the criminal history record information.

(d)

The Texas Juvenile Justice Department may charge an entity or a person who requests criminal history record information under Subsection (c)(2) a fee in an amount necessary to cover the costs of obtaining the information on the persons or entitys behalf.

(e)

After a person is certified by the Texas Juvenile Justice Department, the Texas Juvenile Justice Department shall destroy the criminal history record information that relates to a person described by Subsection (a)(2).

(f)

The Texas Juvenile Justice Department 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 Juvenile Justice Department.
Added by Acts 1997, 75th Leg., ch. 320, Sec. 1, eff. May 26, 1997. Renumbered from Sec. 411.132 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(34), eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 263 (S.B. 103), Sec. 16, eff. June 8, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 3.011, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1033 (H.B. 2733), Sec. 1, eff. September 1, 2013.
Sec. 411.1142. ACCESS TO CRIMINAL HISTORY RECORD: INTERAGENCY COUNCIL ON EARLY CHILDHOOD INTERVENTION. (a) The Interagency Council on Early Childhood Intervention is entitled to obtain criminal history record information 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 council 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)

Criminal history record information obtained by the council under Subsection (a) may not be released or disclosed to any person except on court order, with the consent of the person who is the subject of the criminal history record information, or as provided by Subsection (d).

(c)

The council shall destroy criminal history record information that relates to a person after the information is used for its authorized purpose.

(d)

The council may provide the applicant, employee, professional consultant, or volunteer with a copy of the persons criminal history record information obtained from the Department of Public Safety, Federal Bureau of Investigation identification division, or another law enforcement agency.

(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 council 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 council 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.
Added by Acts 1997, 75th Leg., ch. 923, Sec. 19, eff. Sept. 1, 1997. Renumbered from Sec. 411.132 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(35), eff. Sept. 1, 1999.
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Aug. 18, 2019