Tex.
Health & Safety Code Section 250.002
Information Obtained by Facility, Regulatory Agency, or Private Agency
(a)
A regulatory agency or a financial management services agency on behalf of an individual employer is entitled to obtain from the Department of Public Safety of the State of Texas criminal history record information maintained by the Department of Public Safety that relates to a person who is:(1)
an applicant for employment at a facility other than a facility licensed under Chapter 142 (Home and Community Support Services);(2)
an employee of a facility other than a facility licensed under Chapter 142 (Home and Community Support Services);(3)
an applicant for employment at or an employee of a facility licensed under Chapter 142 (Home and Community Support Services) whose employment duties would or do involve direct contact with a consumer in the facility; or(4)
an applicant for employment by or an employee of an individual employer.(a-1)
A facility or a private agency on behalf of a facility is entitled to obtain from the Department of Public Safety of the State of Texas criminal history record information maintained by the Department of Public Safety that relates to a person who is:(1)
an applicant for employment with, an employee of, or a volunteer with the facility;(2)
an applicant for employment with or an employee of a person or business that contracts with the facility;(3)
an applicant for employment by or an employee of an individual employer; or(4)
a student enrolled in an educational program or course of study who is at the facility for educational purposes.(b)
A facility may:(1)
pay a private agency to obtain criminal history record information for a person described by Subsection (a-1) directly from the Department of Public Safety of the State of Texas; or(2)
obtain the information directly from the Department of Public Safety.(c)
The private agency shall forward criminal history record information received under this section to the facility requesting the information.(c-1)
A financial management services agency shall forward criminal history record information received under this section to the individual employer requesting the information.(d)
The executive commissioner of the Health and Human Services Commission may adopt rules relating to the processing of information requested or obtained under this chapter.
Source:
Section 250.002 — Information Obtained by Facility, Regulatory Agency, or Private Agency, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.250.htm#250.002 (accessed Jun. 5, 2024).
