2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter F. Criminal History Record Information › Section 411.090. Access to Criminal History Record Information: State Board for Educator Certification

Sec. 411.090.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  STATE BOARD FOR EDUCATOR CERTIFICATION.  (a)  The State Board for Educator Certification is entitled to obtain any criminal history record information as provided by Subsection (a-1) about a person who has applied to the board for or who currently holds a certificate under Subchapter B, Chapter 21, Education Code.
(a-1)  Subject to Section 411.087 and consistent with the public policy of this state, the State Board for Educator Certification 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 State Board for Educator Certification 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 board under Subsection (a-1)(2) in the original form or any subsequent form:
(1)  may be used only for a purpose related to the issuance, denial, reprimand, suspension, revocation, or cancellation of a certificate issued by the board;
(2)  may not be released to any person except:
(A)  to the person who is the subject of the information;
(B)  to the Texas Education Agency;
(C)  to a local or regional educational entity as provided by Section 411.097; or
(D)  by court order; and
(3)  is not subject to disclosure as provided by Chapter 552.
(c)  The department shall notify the State Board for Educator Certification of the arrest of any educator, as defined by Section 5.001, Education Code, who has fingerprints on file with the department.  Any record of the notification and any information contained in the notification is not subject to disclosure as provided by Chapter 552.
(d)  The State Board for Educator Certification 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 Education Agency or the State Board for Educator Certification.
(e)  The State Board for Educator Certification shall destroy criminal history record information that is obtained under this section after the information is used for its authorized purpose.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 260, Sec. 27, eff. May 30, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1372 (S.B. 9), Sec. 20, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 9A.02, eff. September 1, 2009.
Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 14, eff. June 13, 2023.