Tex. Government Code § 411.106 — TX Code / Code gv / Chapter 411 / Section 411.106
§ 411.106.
Status: in_force

Sec. 411.106. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS DEPARTMENT OF INSURANCE. (a) The Texas Department of Insurance is entitled to obtain criminal history record information as provided by Subsection (a-1) that relates to a person who is:

(1) an applicant for a license, permit, certificate of authority, certificate of registration, or other authorization issued by the Texas Department of Insurance to engage in an activity regulated under the Insurance Code, including a person who is:

(A) an applicant for approval of an acquisition, change, or divestiture of control of a domestic insurer under Chapter 823, Insurance Code;

(B) an applicant for or holder of a surplus lines license under Chapter 981, Insurance Code, or associated with an entity that is an applicant for or holder of such a license;

(C) an applicant for or holder of a life insurance provider or broker license under Chapter 1111A, Insurance Code, or associated with an entity that is an applicant for or holder of such a license;

(D) an applicant for or holder of a title insurance agent license under Chapter 2651, Insurance Code, or associated with an entity that is an applicant for or holder of such a license;

(E) an applicant for or holder of an escrow officer license under Chapter 2652, Insurance Code, or associated with an entity that is an applicant for or holder of such a license;

(F) an applicant for or holder of an agent license, temporary license, or provisional permit under Chapter 4001, Insurance Code;

(G) an applicant for or holder of a general property and casualty license under Chapter 4051, Insurance Code, or associated with an entity that is an applicant for or holder of such a license;

(H) an applicant for or holder of a managing general agent license under Chapter 4053, Insurance Code, or associated with an entity that is an applicant for or holder of such a license;

(I) an applicant for or holder of a license under Chapter 4054, Insurance Code, or associated with an entity that is an applicant for or holder of such a license;

(J) an applicant for or holder of a nonresident agent license under Chapter 4056, Insurance Code, or associated with an entity that is an applicant for or holder of such a license;

(K) an applicant for or holder of an insurance adjuster license under Chapter 4101, Insurance Code, or associated with an entity that is an applicant for or holder of such a license;

(L) an applicant for or holder of a public insurance adjuster license under Chapter 4102, Insurance Code, or associated with an entity that is an applicant for or holder of such a license;

(M) an applicant for or holder of a certificate of authority under Chapter 4151, Insurance Code, or associated with an entity that is an applicant for or holder of such a certificate;

(N) an applicant for or holder of a reinsurance intermediary license under Chapter 4152, Insurance Code, or associated with an entity that is an applicant for or holder of such a license;

(O) an applicant for or holder of a risk manager license under Chapter 4153, Insurance Code, or associated with an entity that is an applicant for or holder of such a license;

(P) an applicant for or holder of a certificate of registration under Chapter 4201, Insurance Code, or associated with an entity that is an applicant for or holder of such a certificate;

(Q) associated with an independent review organization that is an applicant for or holder of a certification under Chapter 4202, Insurance Code;

(R) associated with a discount health care program operator that is an applicant for or holder of a registration under Chapter 7001, Insurance Code; and

(S) an applicant for or holder of a license under Chapter 91, Labor Code; or

(2) a corporate officer or director of an insurance company regulated by the Texas Department of Insurance, including a company that is an applicant for or holder of a certificate of authority under the following provisions of the Insurance Code:

(A) Chapter 801;

(B) Chapter 822;

(C) Chapter 841;

(D) Chapter 843;

(E) Chapter 844;

(F) Chapter 846;

(G) Chapter 848;

(H) Chapter 964;

(I) Chapter 1305; and

(J) Title 11.

(a-1) Subject to Section 411.087 and consistent with the public policy of this state, the Texas Department of Insurance 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) The Texas Department of Insurance may not release or disclose to any person criminal history record information obtained from the Federal Bureau of Investigation under Subsection (a-1)(1). Criminal history record information obtained by the Texas Department of Insurance under Subsection (a-1)(2) may not be disclosed or released 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 (b-1).

(b-1) The Texas Department of Insurance is not prohibited from disclosing criminal history record information obtained under Subsection (a-1)(2) in a criminal proceeding or in a hearing conducted by the Texas Department of Insurance.

(c) The Texas Department of Insurance shall destroy criminal history record information that is obtained under this section after the information is used for its authorized purpose.