Texas Government Code
Sec. § 411.1181
Access to Criminal History Record Information; Applicants for Employment


(a)

In this section, "in-home service company" and "residential delivery company" have the meanings assigned by Section 145.001, Civil Practice and Remedies Code.

(b)

An in-home service company or residential delivery company is entitled to obtain from the Department of Public Safety criminal history record information maintained by the department that relates to:

(1)

an officer of or person employed by the company whose job duties require entry into another persons residence; or

(2)

an applicant to whom an offer of employment is made for a position of employment with the company, the job duties of which require entry into another persons residence.

(c)

Criminal history record information obtained by an in-home service company or residential delivery company under Subsection (b) may not be released or disclosed to any person except on court order, upon proper discovery request during litigation or with the consent of the person who is the subject of the criminal history record information.

(d)

The in-home service company or residential delivery company shall destroy criminal history record information that relates to a person no sooner than two years after the persons office or employment with the company ends or the company determines not to employ the person, as applicable.
Added by Acts 2003, 78th Leg., ch. 228, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 751 (S.B. 627), Sec. 5, eff. September 1, 2009.
Sec. 411.1182. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: COMMERCIAL NUCLEAR POWER PLANT LICENSEES. (a) A commercial nuclear power plant licensee and its contractors, for security reasons and consistent with requirements of the United States Nuclear Regulatory Commission, are entitled to obtain from the department criminal history record information maintained by the department that relates to a person who has or is seeking employment at or access to the commercial nuclear power plant.

(b)

The department shall place a high priority on requests under Subsection (a) and respond as expeditiously as possible; in no event shall the department respond later than two business days after the date the request is received by the department.

(c)

Criminal history information obtained from the department may not be released or disclosed except:

(1)

as needed in protecting the security of a commercial nuclear power plant;

(2)

as authorized by the United States Nuclear Regulatory Commission, a court order, or a federal or state law or order; or

(3)

with the consent of the person who is the subject of the criminal history record information.
Added by Acts 2003, 78th Leg., ch. 1237, Sec. 3, eff. June 20, 2003.
Renumbered from Government Code, Section 411.1181 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(29), eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 10.10, eff. June 19, 2009.
Sec. 411.119. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS COMMISSION ON PRIVATE SECURITY. The Texas Commission on Private Security is entitled to obtain from the department criminal history record information maintained by the department, including information maintained under Section 411.042(b)(5), that relates to:

(1)

an applicant for a license, registration, security officer commission, letter of approval, permit, or handgun instructor certification under Chapter 1702, Occupations Code; or

(2)

a person who holds a license, registration, security officer commission, letter of approval, permit, or handgun instructor certification under Chapter 1702, Occupations Code.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993. Amended by Acts 1999, 76th Leg., ch. 388, Sec. 3, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 974, Sec. 39, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1420, Sec. 14.756, eff. Sept. 1, 2001.
Sec. 411.120. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: COUNTY JUDGE; CERTAIN APPLICANTS. (a) The county judge of a county 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 wine and beer retailers permit under Chapter 25, Alcoholic Beverage Code; or

(2)

an applicant for a retail dealers on-premise license under Chapter 69 of that code.

(b)

Criminal history record information obtained by a county judge under Subsection (a) may not be released or disclosed to any person except in a hearing held under Chapter 25 or 69, Alcoholic Beverage Code, 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.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 10.11, eff. June 19, 2009.
Sec. 411.121. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: ADJUTANT GENERAL. (a) In this section:

(1)

"Adjutant general" has the meaning assigned by Section 437.001.

(2)

"State military forces" has the meaning assigned by Section 437.001.

(b)

The adjutant general is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is:

(1)

a member of the Texas military forces;

(2)

an employee of the Texas Military Department;

(3)

an applicant for enlistment in the Texas military forces; or

(4)

an applicant for employment with the Texas Military Department.

(c)

Repealed by Acts 2017, 85th Leg., R.S., Ch. 156 (H.B. 1860), Sec. 1, eff. September 1, 2017.

(d)

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

(e)

The adjutant general shall 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.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 2.02, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 3.03, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 156 (H.B. 1860), Sec. 1, eff. September 1, 2017.
Sec. 411.1211. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS VETERANS COMMISSION. (a) The Texas Veterans Commission 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 commission;

(2)

is a consultant, intern, or volunteer for the commission or an applicant to serve as a consultant, intern, or volunteer;

(3)

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

(4)

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

(b)

Criminal history record information obtained by the Texas Veterans Commission 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 Texas Veterans Commission shall destroy criminal history record information obtained under this section after the information is used for the purposes authorized by this section.

(d)

The Texas Veterans Commission 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 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 provide a criminal history record.
Added by Acts 2009, 81st Leg., R.S., Ch. 67 (S.B. 2163), Sec. 1, eff. May 19, 2009.
Sec. 411.122. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: LICENSING OR REGULATORY AGENCY. (a) Except as provided by Subsection (c)(2), an agency of this state listed in Subsection (d) or a political subdivision of this state covered by Chapter 53, Occupations Code, that licenses or regulates members of a particular trade, occupation, business, vocation, or profession 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 from the agency;

(2)

is the holder of a license from the agency; or

(3)

requests a determination of eligibility for a license from the agency.

(b)

A municipality or county that requires a sexually oriented business to obtain a license or other permit under Section 243.007, Local Government Code, 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 or other permit for a sexually oriented business issued by the municipality or county;

(2)

is the holder of a license or other permit for a sexually oriented business issued by the municipality or county; or

(3)

requests a determination of eligibility for a license or other permit for a sexually oriented business issued by the municipality or county.

(c)

This section does not apply to an agency that is:

(1)

specifically authorized by this subchapter or Subchapter E-1 to obtain criminal history record information from the department; or

(2)

covered by Section 53.002, Occupations Code, to the extent provided by that section.

(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)

Department of State Health Services, except as provided by Section 411.110, and agencies attached to the department, 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 Podiatric Medical Examiners;

(18)

Texas State Board of Examiners of Psychologists;

(19)

Texas Real Estate Commission;

(20)

Texas Department of Transportation;

(21)

State Board of Veterinary Medical Examiners;

(22)

Texas Department of Housing and Community Affairs;

(23)

secretary of state;

(24)

state fire marshal;

(25)

Texas Education Agency;

(26)

Department of Agriculture; and

(27)

Texas Department of Motor Vehicles.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.757, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 83, Sec. 1, 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 296, Sec. 13(4), eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 798 (S.B. 411), Sec. 4.02, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 213 (S.B. 1005), Sec. 26, eff. May 27, 2009.
Acts 2009, 81st Leg., R.S., Ch. 335 (H.B. 960), Sec. 1, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 450 (H.B. 2447), Sec. 38, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 3E.01, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 11.006, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 25, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 8.005, eff. September 1, 2017.
Sec. 411.123. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: MUNICIPAL FIRE DEPARTMENT. (a) A fire department that is operated by a municipality in this state 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 beginning position with the fire department; and

(2)

required to be certified by the Texas Commission on Fire Protection.

(b)

Repealed by Acts 2003, 78th Leg., ch. 296, Sec. 13(5).
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993. Amended by Acts 2003, 78th Leg., ch. 296, Sec. 13(5), eff. Sept. 1, 2003.
Sec. 411.1235. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: VOLUNTEER FIRE DEPARTMENTS. (a) A volunteer fire department or a fire department operated by an emergency services district is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is required to be certified by the Texas Commission on Fire Protection and:

(1)

is an applicant for a beginning position with the fire department; or

(2)

currently holds a position with that fire department.

(b)

Repealed by Acts 2003, 78th Leg., ch. 296, Sec. 13(6).

(c)

A fire department may not keep or retain criminal history record information obtained under this section in any file. Criminal history record information must be destroyed promptly after the determination of suitability of the person for any position as a volunteer or employee.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993. Amended by Acts 2003, 78th Leg., ch. 296, Sec. 13(6), eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1204, Sec. 2.001, eff. Sept. 1, 2003.
Sec. 411.1236. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS COMMISSION ON FIRE PROTECTION. (a) The Texas Commission on Fire Protection 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 issued under Chapter 419; or

(2)

an applicant for employment by or an employee of the commission

(b)

Criminal history record information obtained by the Texas Commission on Fire Protection under Subsection (a) may not be released to any person or agency except on court order or with the consent of the person who is the subject of the criminal history record information, or if the information is entered into evidence by the board in an administrative, civil, or criminal hearing under Chapter 419.

(c)

, (d) Repealed by Acts 2003, 78th Leg., ch. 296, Sec. 13(7).
Added by Acts 1997, 75th Leg., ch. 1172, Sec. 2.08, eff. Sept. 1, 1997. Amended by Acts 2003, 78th Leg., ch. 296, Sec. 8, 13(7), eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 10.12, eff. June 19, 2009.
Sec. 411.1237. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: COUNTY FIRE MARSHALS; COUNTY SHERIFFS. (a) On request of the department chief or chief executive of a fire department or an emergency medical services provider for an unincorporated area, a county fire marshal or county sheriff is entitled to obtain from the department criminal history record information maintained by the department that relates to:

(1)

an applicant for employment or membership with the requesting fire department or emergency medical services provider; or

(2)

an employee or member of the requesting fire department or emergency medical services provider.

(b)

The county fire marshal or county sheriff may disclose criminal history record information obtained under Subsection (a) to the department chief or chief executive of the requesting fire department or emergency medical services provider, except that the county fire marshal or county sheriff may disclose criminal history record information obtained by the department from the Federal Bureau of Investigation only to governmental entities or as authorized by federal law, federal executive order, or federal rule.
Added by Acts 2003, 78th Leg., ch. 951, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1082 (H.B. 2583), Sec. 1, eff. September 1, 2015.
Sec. 411.124. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: POLITICAL SUBDIVISIONS; PUBLIC TRANSPORTATION DRIVERS. (a) A political subdivision of this state that employs, licenses, or regulates drivers of public transportation vehicles is entitled to obtain from the department or from a law enforcement agency of the political subdivision with access to the information the criminal history record information maintained by the department that relates to a person who is:

(1)

the driver of a public transportation vehicle; and

(2)

employed, licensed, or regulated by the political subdivision.

(b)

Repealed by Acts 2003, 78th Leg., ch. 296, Sec. 13(8).
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993. Amended by Acts 1999, 76th Leg., ch. 559, Sec. 1, eff. June 18, 1999; Acts 2003, 78th Leg., ch. 296, Sec. 13(8), eff. Sept. 1, 2003.
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 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 subject to investigation by the board in connection with a complaint or formal charge against the person.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993. Amended by Acts 2003, 78th Leg., ch. 296, Sec. 13(9), eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1102, Sec. 4, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 55, eff. September 1, 2007.
Sec. 411.126. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: VOLUNTEER CENTERS. (a) In this section:

(1)

"Volunteer center" means a nonprofit, tax-exempt organization:

(A)

whose primary purpose is to recruit and refer individual volunteers for other nonprofit groups in that area; and

(B)

that is certified as a bona fide volunteer center by the department.

(2)

"Volunteer" or "volunteer applicant" means a person who will perform one or more of the following services without remuneration:

(A)

any service performed in a residence;

(B)

any service that requires the access to or the handling of money or confidential or privileged information; or

(C)

any service that involves the care of or access to:

(i)

a child;

(ii)

an elderly person; or

(iii)

a person who is mentally incompetent, mentally retarded, physically disabled, ill, or incapacitated.

(3)

"Employee" or "employee applicant" means a person who will perform one or more of the following services or functions for remuneration:

(A)

any service performed in a residence;

(B)

any service that requires the access to or the handling of money or confidential or privileged information; or

(C)

any service that involves the care of or access to:

(i)

a child;

(ii)

an elderly person; or

(iii)

a person who is mentally incompetent, mentally retarded, physically disabled, ill, or incapacitated;

(D)

coordination or referral of volunteers; or

(E)

executive administrative responsibilities.

(4)

"Client agency" means a nonprofit agency served by a volunteer center.

(b)

A volunteer center 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, an employee applicant, a volunteer, or a volunteer applicant of the volunteer center; or

(2)

an employee, an employee applicant, a volunteer, or a volunteer applicant of a client agency.

(c)

The department may establish rules governing the administration of this section and charge volunteer centers a fee to cover the departments direct costs of administering this program.

(d)

A volunteer center may disseminate criminal history record information to a client agency, if the client agency has been approved by the department.

(e)

A volunteer center or client agency may not keep or retain criminal history record information obtained under this section in any file. Criminal history record information must be destroyed promptly after the determination of suitability of the person for any position as a volunteer or employee.

(f)

Subject to approval by the department, two or more volunteer centers may share technical and staff resources in the development and operation of services for the dissemination of criminal history record information.

(g)

Except in the case of gross negligence or intentional misconduct, a volunteer center is not liable for damages arising from:

(1)

the release or use of information obtained under this section;

(2)

the failure to release or use information obtained under this section; or

(3)

the failure to obtain information under this section.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 248, Sec. 2, eff. Sept. 1, 1995.
Sec. 411.127. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: APPLICANTS FOR EMPLOYMENT AND CONTRACTORS. (a) The Title IV-D agency is entitled to obtain from the Department of Public Safety, the Federal Bureau of Investigation identification division, or another law enforcement agency criminal history record information maintained by the department or agency that relates to a person who is an applicant for a position of employment with the Title IV-D agency, or an applicant to serve as a consultant, intern, or volunteer, that involves the performance of duties under Chapter 231, Family Code. The Title IV-D agency may not request the information unless a supervisory employee of the agency has recommended that the applicant be hired or serve as an intern or volunteer.

(b)

The Title IV-D agency is entitled to obtain from the Department of Public Safety, Federal Bureau of Investigation identification division, or another law enforcement agency criminal history record information maintained by the department or agency that relates to a person who proposes to enter into a contract with or that has a contract with the Title IV-D agency to supply goods or services to the Title IV-D agency. The authorization under this subsection to obtain criminal history record information about a person includes information relating to an employee or subcontractor of the person or an employee of the persons subcontractor.

(c)

Criminal history record information obtained by the Title IV-D agency under Subsection (a) or (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)

The Title IV-D agency shall destroy criminal history record information that relates to a person after the information is used for its authorized purpose.

(e)

In this section, "Title IV-D agency" has the meaning assigned by Section 101.033, Family Code.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 42, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 7.37, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 556, Sec. 76, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1023, Sec. 74, eff. Sept. 1, 2001.
Sec. 411.1271. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: OFFICE OF THE ATTORNEY GENERAL. (a) The office of the attorney general is entitled to obtain from the Department of Public Safety, the Federal Bureau of Investigation identification division, or another law enforcement agency criminal history record information maintained by the department or agency that relates to a person who is an applicant for a position of employment with the office of the attorney general or an applicant to serve as a consultant, intern, or volunteer for the office.

(b)

The office of the attorney general is entitled to obtain from the Department of Public Safety, the Federal Bureau of Investigation identification division, or another law enforcement agency criminal history record information maintained by the department or agency that relates to a person who proposes to enter into a contract with or who has a contract with the office of the attorney general to supply goods or services to the office of the attorney general. The authorization under this subsection to obtain criminal history record information about a person includes information relating to an employee or subcontractor of the person or an employee of the persons subcontractor.

(b-1)

The office of the attorney general is entitled to obtain from the Department of Public Safety, the Federal Bureau of Investigation identification division, or another law enforcement agency criminal history record information maintained by the department or agency that relates to a person who owes child support in a Title IV-D case, as defined by Section 101.034, Family Code, for the purposes of locating that person and establishing, modifying, or enforcing a child support obligation against that person.

(c)

Criminal history record information obtained by the office of the attorney general under this section 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)

The office of the attorney general shall destroy criminal history record information that relates to a person after the information is used for its authorized purpose.
Added by Acts 2009, 81st Leg., R.S., Ch. 514 (S.B. 1081), Sec. 1, eff. June 19, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 508 (H.B. 1674), Sec. 21, eff. September 1, 2011.
Sec. 411.1272. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: OFFICE OF CAPITAL AND FORENSIC WRITS AND PUBLIC DEFENDERS OFFICES. The office of capital and forensic writs and a public defenders office are entitled to obtain from the department criminal history record information maintained by the department that relates to a criminal case in which an attorney compensated by the office of capital and forensic writs or by the public defenders office has been appointed.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1188 (S.B. 1044), Sec. 3, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1215 (S.B. 1743), Sec. 25, eff. September 1, 2015.
Sec. 411.128. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: PERSON SEEKING TO ADOPT CHILD. (a) A person seeking to adopt a child under Chapter 162, Family Code, who is ordered by the court to obtain the persons own criminal history record information from the department under Section 162.0085, Family Code, shall request the information as provided by this section.

(b)

A person requesting information under this section shall provide the department with the name and address of the court and the date set for the adoption hearing.

(c)

The department shall provide the court with criminal history record information not later than the 10th day after the date on which the criminal history record information is requested.

(c)

The department shall provide the court with criminal history record information not later than the 10th day before the date set for the adoption hearing.

(d)

Criminal history record information requested under this section may not be released or disclosed to a person other than the court ordering the investigation except on court order or with the consent of the person who is the subject of the criminal history record information.
Added by Acts 1995, 74th Leg., ch. 751, Sec. 123; Acts 1995, 74th Leg., ch. 908, Sec. 3, eff. Sept. 1, 1995.
Sec. 411.1285. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: DOMESTIC RELATIONS OFFICE AND CHILD CUSTODY EVALUATOR. (a) A domestic relations office created under Chapter 203, Family Code, is entitled to obtain from the department criminal history record information that relates to a person who is a party to a proceeding in which the domestic relations office is providing services permitted under Chapter 203, Family Code.

(a-1)

A domestic relations office created under Chapter 203, Family Code, or a child custody evaluator appointed under Chapter 107, Family Code, is entitled to obtain from the department criminal history record information that relates to a person involved in a child custody evaluation under Chapter 107, Family Code, in which the domestic relations office or child custody evaluator has been appointed to conduct the child custody evaluation.

(b)

The department shall provide the domestic relations office or the child custody evaluator with criminal history record information not later than the 10th day after the date on which the criminal history record information is requested.

(c)

Criminal history record information requested under this section, except for relevant information included in a report of a child custody evaluation or adoption evaluation filed under Chapter 107, Family Code, may not be released or disclosed by a domestic relations office or a child custody evaluator to a person other than the court ordering the child custody evaluation or adoption evaluation except on court order or with the consent of the person who is the subject of the criminal history record information.
Added by Acts 1999, 76th Leg., ch. 318, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1040 (H.B. 1181), Sec. 1, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 832 (H.B. 772), Sec. 10, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 3.07, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 257 (H.B. 1501), Sec. 9, eff. September 1, 2017.
Sec. 411.1286. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: COUNTY COMMISSIONERS COURTS; COUNTY CHILD WELFARE BOARD MEMBERS. The commissioners court of a county is entitled to obtain from the department criminal history record information maintained by the department that relates to a member of a county child welfare board appointed by the commissioners court under Section 264.005, Family Code.
Added by Acts 1999, 76th Leg., ch. 318, Sec. 1, eff. Sept. 1, 1999.
Sec. 411.129. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: EMPLOYMENT BY MUNICIPALITY. (a) Except as provided by Subsection (b), a municipality 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 by the municipality;

(2)

an employee of the municipality;

(3)

an applicant for employment by or an employee of a business or person that contracts with the municipality;

(4)

a volunteer with the municipality; or

(5)

an applicant for a volunteer position with the municipality.

(a-1)

The department shall make available through electronic means the information available to municipalities under this section.

(b)

A municipality is not entitled to obtain under this section any information about a person if the municipality is entitled to obtain under another section of this subchapter any criminal history record information about the person.
Added by Acts 1995, 74th Leg., ch. 323, Sec. 1, eff. Aug. 28, 1995. Renumbered from Government Code Sec. 411.128 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(34), eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 1024, Sec. 1, eff. June 18, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 799 (H.B. 2828), Sec. 1, eff. September 1, 2015.
Sec. 411.1295. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: EMPLOYMENT BY COUNTY. (a) Except as provided by Subsection (b), a county 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 by the county;

(2)

an employee of the county;

(3)

an applicant for employment by or an employee of a business or person that contracts with the county;

(4)

a volunteer with the county; or

(5)

an applicant for a volunteer position with the county.

(b)

A county is not entitled to obtain under this section any information about a person if the county is entitled to obtain under another section of this subchapter any criminal history record information about the person.
Added by Acts 1999, 76th Leg., ch. 346, Sec. 1, eff. Aug. 30, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 799 (H.B. 2828), Sec. 2, eff. September 1, 2015.
Sec. 411.1296. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: EMPLOYMENT BY APPRAISAL DISTRICT AND APPOINTMENT TO APPRAISAL REVIEW BOARD. (a) Except as provided by Subsection (b), an appraisal district established by Section 6.01, Tax Code, 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 employment by the appraisal district or for appointment to the appraisal review board for the appraisal district.

(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)

If the members of the appraisal review board of an appraisal district are appointed by the local administrative district judge, the appraisal district may provide 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.
Added by Acts 2003, 78th Leg., ch. 1037, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 898 (S.B. 682), Sec. 1, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 898 (S.B. 682), Sec. 2, eff. June 17, 2011.
Sec. 411.1297. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: EMPLOYMENT BY EMERGENCY COMMUNICATION DISTRICT. (a) An emergency communication district created under Chapter 772, Health and Safety 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 for employment by or an employee of the district;

(2)

an applicant for a volunteer position or a volunteer with the district; or

(3)

an applicant for employment by or an employee of a person that contracts with the district.

(b)

Criminal history record information obtained by an emergency communication district under Subsection (a) may not be released or disclosed to any person except:

(1)

in a criminal proceeding;

(2)

on court order; or

(3)

with the consent of the person who is the subject of the criminal history record information.
Added by Acts 2017, 85th Leg., R.S., Ch. 314 (S.B. 1290), Sec. 1, eff. September 1, 2017.
Sec. 411.130. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION; CRIME VICTIMS INSTITUTE. The Crime Victims Institute is entitled to obtain from the department criminal history record information maintained by the department that the institute believes is necessary for the performance of the duties of the institute under Section 96.65, Education Code.
Added by Acts 1995, 74th Leg., ch. 485, Sec. 2, eff. Sept. 1, 1995. Renumbered from Government Code Sec. 411.128 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(35), eff. Sept. 1, 1997. Amended by Acts 2003, 78th Leg., ch. 927, Sec. 3, eff. Sept. 1, 2003.
Sec. 411.1301. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: CERTAIN LOCAL GOVERNMENT CORPORATIONS ENGAGED IN CRIMINAL IDENTIFICATION ACTIVITIES. (a) This section applies only to a local government corporation that is created under Subchapter D, Chapter 431, Transportation Code, for governmental purposes relating to criminal identification activities, including forensic analysis, and that allocates a substantial part of its annual budget to those criminal identification activities.

(b)

A local government corporation described by Subsection (a) is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who:

(1)

is an employee or an applicant for employment with the local government corporation;

(2)

is a consultant, intern, or volunteer for the local government corporation or an applicant to serve as a consultant, intern, or volunteer;

(3)

proposes to enter into a contract with or has a contract with the local government corporation to perform services for or supply goods to the local government corporation; or

(4)

is an employee or subcontractor, or an applicant to be an employee or subcontractor, of a contractor that provides services to the local government corporation.

(c)

Criminal history record information obtained by a local government corporation under Subsection (b) may not be released or disclosed to any person except:

(1)

on court order; or

(2)

with the consent of the person who is the subject of the criminal history record information.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1188 (S.B. 1044), Sec. 4, eff. September 1, 2013.
Sec. 411.131. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: SAFE HOUSES. (a) In this section:

(1)

"Safe house" means a nonprofit organization:

(A)

whose primary purpose is to provide temporary shelter for children avoiding harmful situations;

(B)

that is certified as a bona fide safe house by a local law enforcement agency; and

(C)

that is operating as a "Safe House."

(2)

"Volunteer" or "volunteer applicant" means a person who will perform one or more of the following services without remuneration:

(A)

any service performed in a safe house;

(B)

any service that requires the access to or the handling of money or confidential or privileged information;

(C)

any service that involves the care of or access to a child;

(D)

coordination or referral of volunteers; or

(E)

executive administrative responsibilities.

(b)

A safe house is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is a volunteer or a volunteer applicant of the volunteer center, if the volunteer or applicant signs a written consent to a criminal history background check.

(c)

Repealed by Acts 2003, 78th Leg., ch. 296, Sec. 13(10).

(d)

The department may establish rules governing the administration of this section.

(e)

A safe house may not keep or retain criminal history record information obtained under this section in any file. Criminal history record information must be destroyed promptly after the determination of suitability of the person for any position as a volunteer.

(f)

A safe house or an officer or volunteer of a safe house is not liable in a civil action for damages resulting from a failure to comply with this section if the safe house, officer, or volunteer makes a good faith effort to comply.
Added by Acts 1995, 74th Leg., ch. 691, Sec. 1, eff. Aug. 28, 1995. Renumbered from Government Code Sec. 411.128 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(36), eff. Sept. 1, 1997. Amended by Acts 2003, 78th Leg., ch. 296, Sec. 13(10), eff. Sept. 1, 2003.
Sec. 411.132. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: STATE AUDITOR. (a) The state auditor is entitled to obtain from the department criminal history record information for purposes of:

(1)

performing risk assessment in devising the annual audit plan; or

(2)

performing an investigation under Chapter 321 of specified acts or allegations of impropriety, malfeasance, or nonfeasance.

(b)

The department and the state auditor shall enter into an agreement providing the state auditor with electronic access to the information that includes appropriate safeguards against unauthorized disclosure of the information.

(c)

Except as provided by Subsection (d), information obtained by the state auditor under Subsection (a) 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)

If, in the judgment of the state auditor, information obtained under Subsection (a) indicates a substantial risk to the interests of the state, the state auditor shall report the information to the legislative audit committee and to the administrative head of the affected agency. The reports are audit working papers of the state auditor.

(e)

The state auditor shall destroy information obtained under Subsection (a) when the information is no longer needed for audit purposes or to support audit findings.
Added by Acts 1997, 75th Leg., ch. 1122, Sec. 9, eff. Sept. 1, 1997.
Sec. 411.133. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: REGIONAL TOLLWAY AUTHORITIES. (a) A regional tollway authority governed by Chapter 366, Transportation Code, is entitled to obtain from the department criminal history record information maintained by the department that pertains to a person who is:

(1)

employed by the regional tollway authority; or

(2)

an applicant for employment with the regional tollway authority.

(b)

Criminal history record information obtained under Subsection (a) may not be released or disclosed to any person except in a criminal proceeding, in a hearing conducted by the regional tollway authority, on court order, or with the consent of the person who is the subject of the criminal history record information.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.25, eff. Sept. 1, 1997. Renumbered from Sec. 411.132 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(37), eff. Sept. 1, 1999.
Sec. 411.134. CRIMINAL HISTORY RECORD INFORMATION: TEXAS STATE LIBRARY AND ARCHIVES COMMISSION. (a) In this section:

(1)

"Commission" means the Texas State Library and Archives Commission.

(2)

"Security-sensitive position" means a position of employment with the Texas State Library and Archives Commission held by an employee who:

(A)

has access to the confidential records of state agencies that are stored by the commission;

(B)

has access to any part of the archives of the state library as described in Section 441.010;

(C)

has access to a computer terminal, if any information available from the terminal is required by law to remain confidential; or

(D)

handles currency.

(b)

The commission is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is employed in or 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 consent of the person who is the subject of the information.

(d)

The commission shall destroy criminal history record information 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.
Added by Acts 1997, 75th Leg., ch. 1366, Sec. 1, eff. Sept. 1, 1997. Renumbered from Sec. 411.132 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(38), eff. Sept. 1, 1999.
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Aug. 22, 2019