Tex. Government Code § 411.1386 — TX Code / Code gv / Chapter 411 / Section 411.1386
§ 411.1386.
Status: repealed

Sec. 411.1386. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: COURT CLERK; HEALTH AND HUMAN SERVICES COMMISSION; GUARDIANSHIPS.

(a) Except as provided by Subsections (a-1) and (a-6), the clerk of the county having venue over a proceeding for the appointment of a guardian under Title 3, Estates Code, shall, based on information provided in an application filed under Section 1101.001, Estates Code, obtain criminal history record information as provided by Subsection (a-7) that relates to any person, other than an attorney or a person who is a certified guardian, proposed to serve as a guardian under Title 3, Estates Code, including:

(1) a proposed temporary guardian;

(2) a proposed successor guardian; or

(3) any person who will have care and custody of the proposed ward or the proposed ward's estate on behalf of the proposed guardian and who is not otherwise required to submit to a criminal background check under this section.

(a-1) The Health and Human Services Commission shall obtain from the Department of Public Safety criminal history record information maintained by the Department of Public Safety that relates to each individual who is or will be providing guardianship services to a ward of or referred by the Health and Human Services Commission, including:

(1) an employee of or an applicant selected for an employment position with the Health and Human Services Commission;

(2) a volunteer or an applicant selected to volunteer with the Health and Human Services Commission;

(3) an employee of or an applicant selected for an employment position with a business entity or other person that contracts with the Health and Human Services Commission to provide guardianship services to a ward referred by that commission;

(4) a volunteer or an applicant selected to volunteer with a business entity or person described by Subdivision (3); and

(5) a contractor or an employee of a contractor who provides services to a ward of the Health and Human Services Commission under a contract with the estate of the ward.

(a-2) The information in Subsection (a-1) regarding applicants for employment positions must be obtained before an offer of employment, and the information regarding applicant volunteers must be obtained before the person's contact with a ward of or referred by the Health and Human Services Commission.

(a-3) The information in Subsection (a-1) regarding employees, contractors, or volunteers providing guardianship services must be obtained annually.

(a-4) Repealed by Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 71(6), eff. June 13, 2023.

(a-5) Repealed by Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 71(6), eff. June 13, 2023.

(a-6) The clerk described by Subsection (a) is not required to obtain criminal history record information from the department for a person if the Judicial Branch Certification Commission conducted a criminal history check on the person under Sections 155.203 and 155.207. The commission shall provide to the clerk the criminal history record information that was obtained from the department. The clerk shall, in accordance with Subsection (a-7)(1), obtain criminal history record information from the Federal Bureau of Investigation identification division relating to any person described by Subsection (a).

(a-7) Subject to Section 411.087 and consistent with the public policy of this state, the clerk described by Subsection (a) 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).

(b) Criminal history record information obtained by or provided to a clerk under this section is for the exclusive use of the court and is privileged and confidential.

(c) A clerk may not release or disclose to any person criminal history record information obtained from the Federal Bureau of Investigation under Subsection (a-7)(1). Criminal history record information obtained by or provided to a clerk under Subsection (a-7)(2) or (a-6) may not be released or disclosed to any person or agency except on court order or with the consent of the person who is the subject of the information.

(c-1) The clerk shall destroy the criminal history record information after the information is used for the purposes authorized by this section.

(d) Repealed by Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 71(6), eff. June 13, 2023.

(e) The court, as that term is defined by Section 1002.008, Estates Code, shall use the information obtained or provided under Subsection (a), (a-4)(1), (a-5), or (a-6) only in determining whether to:

(1) appoint, remove, or continue the appointment of a private professional guardian, a guardianship program, or the Health and Human Services Commission; or

(2) appoint any other person proposed to serve as a guardian under Title 3, Estates Code, including a proposed temporary guardian and a proposed successor guardian, other than an attorney.

(f) Repealed by Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 71(6), eff. June 13, 2023.

(g) A person commits an offense if the person releases or discloses any information received under this section without the authorization prescribed by Subsection (c). An offense under this subsection is a Class A misdemeanor.

(h) The county clerk may charge a $10 fee to recover the costs of obtaining criminal history record information authorized by Subsection (a-7).

(i) Repealed by Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 71(6), eff. June 13, 2023.