Tex.
Gov't Code Section 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 criminal history record information as provided by Subsection (b) that relates to:(1)
an applicant for or the holder of:(A)
a driver education instructor license under Chapter 1001 (Driver and Traffic Safety Education), Education Code;(B)
a license under Chapter 202 (Podiatrists), Occupations Code;(C)
a license under Chapter 401 (Speech-language Pathologists and Audiologists), Occupations Code;(D)
a license under Chapter 402 (Hearing Instrument Fitters and Dispensers), Occupations Code; or(E)
an instructor license or motorcycle school license under Chapter 662 (Motorcycle Operator Training and Safety), Transportation Code;(2)
a person who is:(A)
an applicant for or the holder of a license under Chapter 91 (Professional Employer Organizations), Labor Code; or(B)
a controlling person, as defined by Chapter 91 (Professional Employer Organizations), Labor Code, of an entity described by Paragraph (A); or(3)
a person who:(A)
is an applicant for or the holder of a license under Chapter 455 (Massage Therapy), Occupations Code; or(B)
has an interest described under Section 455.1525 (Criminal History Record Information Requirement for License Issuance)(e), Occupations Code, in an entity described by Paragraph (A).(b)
Subject to Section 411.087 (Access to Criminal History Record Information Maintained by Federal Bureau of Investigation or Local Criminal Justice Agency) and consistent with the public policy of this state, the Texas Department of Licensing and Regulation is entitled to:(1)
obtain through the Federal Bureau of Investigation criminal history record information maintained or indexed by that bureau that pertains to a person described by Subsection (a); and(2)
obtain from the department or any other criminal justice agency in this state criminal history record information maintained by the department or that criminal justice agency that relates to a person described by Subsection (a).(c)
The Texas Department of Licensing and Regulation may not release or disclose to any person criminal history record information obtained from the Federal Bureau of Investigation under Subsection (b)(1). Criminal history record information obtained by the Texas Department of Licensing and Regulation under Subsection (b)(2) may not be released or disclosed to any person except on court order, with the written consent of the person who is the subject of the criminal history record information, or as provided by Subsection (d).(d)
The Texas Department of Licensing and Regulation is not prohibited from disclosing criminal history record information obtained under Subsection (b)(2) in a criminal proceeding or in a hearing conducted by the Texas Department of Licensing and Regulation or the State Office of Administrative Hearings.(e)
The Texas Department of Licensing and Regulation shall destroy criminal history record information that is obtained under this section after the information is used for its authorized purpose.
Source:
Section 411.093 — Access to Criminal History Record Information: Texas Department of Licensing and Regulation, https://statutes.capitol.texas.gov/Docs/GV/htm/GV.411.htm#411.093
(accessed Jun. 5, 2024).