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 411.1296. Access to Criminal History Record Information: Employment by Appraisal District, Appointment to Appraisal Review Board for Appraisal District, and Applicant to Texas Appraiser Licensing and Certification Board

Sec. 411.1296.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: EMPLOYMENT BY APPRAISAL DISTRICT, APPOINTMENT TO APPRAISAL REVIEW BOARD FOR APPRAISAL DISTRICT, AND APPLICANT TO TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD.  (a)  Except as provided by Subsection (b), an appraisal district established by Section 6.01, Tax Code, and the Texas Appraiser Licensing and Certification Board are entitled to obtain criminal history record information as provided by Subsection (a-1) that relates to a person who is an applicant for employment by the appraisal district, for appointment to the appraisal review board for the appraisal district, for a license or certification as an appraiser trainee, licensed residential appraiser, certified residential appraiser, or certified general appraiser, or for an appraisal management company regulated by the Texas Appraiser Licensing and Certification Board.
(a-1)  Subject to Section 411.087 and consistent with the public policy of this state, an appraisal district and the Texas Appraiser Licensing and Certification Board are 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)  An appraisal district is not entitled to obtain under this section any information about a person if the appraisal district is entitled to obtain under another section of this subchapter any criminal history record information about the person.
(c)  The appraisal district may provide criminal history record information obtained under Subsection (a-1)(2) to the local administrative district judge or to the appraisal review board commissioners appointed by the local administrative district judge.
(d)  An appraisal district or the Texas Appraiser Licensing and Certification Board, as applicable, 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 an appraisal district or the Texas Appraiser Licensing and Certification Board under Subsection (a-1)(2) may not be released or disclosed 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 Subsections (c) and (e).
(e)  An appraisal district or the Texas Appraiser Licensing and Certification Board 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 an appraisal district or the Texas Appraiser Licensing and Certification Board.
(f)  An appraisal district or the Texas Appraiser Licensing and Certification Board shall destroy criminal history record information that is obtained under this section after the information is used for its authorized purpose.
Added by Acts 2003, 78th Leg., ch. 1037, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 898 (S.B. 682), Sec. 2, eff. June 17, 2011.
Acts 2021, 87th Leg., R.S., Ch. 354 (H.B. 2941), Sec. 4, eff. June 7, 2021.
Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 57, eff. June 13, 2023.
Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 58, eff. June 13, 2023.