Texas Government Code
Sec. § 411.1385
Access to Criminal History Record Information: Savings and Mortgage Lending Commissioner


(a)

The savings and mortgage lending commissioner is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is:

(1)

an applicant for or holder of a license, charter, or other authority granted or issued by the savings and mortgage lending commissioner under:

(A)

Subtitle B or C, Title 3, Finance Code; or

(B)

Chapter 156 (Residential Mortgage Loan Companies), 157 (Mortgage Bankers and Residential Mortgage Loan Originators), 158 (Residential Mortgage Loan Servicers), or 180 (Residential Mortgage Loan Originators), Finance Code;

(2)

an employee of or volunteer with the Department of Savings and Mortgage Lending;

(3)

an applicant for employment or an internship with the Department of Savings and Mortgage Lending; or

(4)

a contractor or subcontractor of the Department of Savings and Mortgage Lending.

(b)

Except as provided by Subsection (c), the savings and mortgage lending 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.

(c)

Criminal history record information obtained by the savings and mortgage lending commissioner under Subsection (a) with respect to the issuance of a license under Chapter 156 (Residential Mortgage Loan Companies), Finance Code, may be released or disclosed only as provided by Section 156.206 (Criminal and Other Background Checks), Finance Code.
Added by Acts 2003, 78th Leg., ch. 173, Sec. 3, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 296, Sec. 9, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 6.062, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1104 (H.B. 10), Sec. 21, eff. June 19, 2009.
Acts 2017, 85th Leg., R.S., Ch. 166 (H.B. 2580), Sec. 1, eff. September 1, 2017.
Source
Last accessed
Oct. 1, 2020