reglab/statecodes huggingface dataset:
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 411.1401. Access to Criminal History Record Information: Programs Providing Activities for Children

Sec. 411.1401.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  PROGRAMS PROVIDING ACTIVITIES FOR CHILDREN.  (a)  In this section, "activity provider" means a nonprofit program that includes as participants or recipients persons who are younger than 17 years of age and that regularly provides athletic, civic, or cultural activities.
(b)  An activity provider is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is a volunteer or a volunteer applicant of the activity provider.
(c)  The department may establish rules governing the administration of this section.
(d)  An activity provider may use criminal history record information obtained under this section only to determine the suitability of a person for a position as a volunteer and may not keep or retain criminal history record information obtained under this section in any file.  Criminal history record information must be destroyed promptly after a determination of suitability is made.
(e)  Criminal history record information obtained under this section may not be released or disclosed to any person except in a criminal proceeding, on court order, or with the consent of the person who is the subject of the criminal history record information.
(f)  An employee, officer, or volunteer of an activity provider is not liable in a civil action for damages resulting from a failure to comply with this section unless the act or omission of the employee, officer, or volunteer was intentional, wilfully or wantonly negligent, or done with conscious indifference or reckless disregard for the safety of others.
Added by Acts 2003, 78th Leg., ch. 296, Sec. 10, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 838, Sec. 1, eff. June 30, 2003.
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 411.1402. Access to Criminal History Record Information: Employees Retirement System of Texas

Sec. 411.1402.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  EMPLOYEES RETIREMENT SYSTEM OF TEXAS.  (a)  The Employees Retirement System of Texas is entitled to obtain from the department, the Federal Bureau of Investigation Criminal Justice Information Services Division, or another law enforcement agency criminal history record information maintained by the department, division, or agency that relates to a person who is:
(1)  an applicant for employment with, or who is or has been employed by, the retirement system;
(2)  a consultant, contract employee, independent contractor, intern, or volunteer for the retirement system or an applicant to serve in one of those positions; or
(3)  a candidate for appointment or election to the board of trustees of the retirement system or an advisory committee to that board.
(b)  Criminal history record information obtained by the Employees Retirement System of Texas under Subsection (a) may be used only to evaluate an applicant for employment with, or a current or former employee of, the retirement system.
(c)  The Employees Retirement System of Texas may not release or disclose information obtained under Subsection (a) except on court order or with the consent of the person who is the subject of the criminal history record information.
(d)  After the expiration of any probationary term of the person's employment or not later than the 180th day after the date of receipt of the information, whichever is later, the Employees Retirement System of Texas shall destroy all criminal history record information obtained under Subsection (a).
Added by Acts 2005, 79th Leg., Ch. 347 (S.B. 1176), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 10.16, eff. June 19, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 618 (S.B. 1459), Sec. 1, eff. September 1, 2013.
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 411.1403. Access to Criminal History Record Information: Railroad Commission of Texas

Sec. 411.1403.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  RAILROAD COMMISSION OF TEXAS.  (a)  The Railroad Commission of Texas is entitled to obtain from the department, the Federal Bureau of Investigation Criminal Justice Information Services Division, or another law enforcement agency criminal history record information maintained by the department, division, or agency that relates to a person who is:
(1)  an applicant for employment with, or who is or has been employed by, the commission; or
(2)  a consultant, contract employee, independent contractor, intern, or volunteer for the commission or an applicant to serve in one of those positions.
(b)  Criminal history record information obtained by the Railroad Commission of Texas under Subsection (a) may be used only to evaluate an applicant for employment with, or a current or former employee of, the commission.
(c)  The Railroad Commission of Texas may not release or disclose information obtained under Subsection (a) except on court order or with the consent of the person who is the subject of the criminal history record information.
(d)  After the expiration of any probationary term of the person's employment or not later than the 180th day after the date of receipt of the information, whichever is later, the Railroad Commission of Texas shall destroy all criminal history record information obtained under Subsection (a).
Added by Acts 2017, 85th Leg., R.S., Ch. 486 (H.B. 2588), Sec. 1, eff. June 9, 2017.
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 411.14031. Access to Criminal History Record Information: Public Utility Commission of Texas

Sec. 411.14031.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: PUBLIC UTILITY COMMISSION OF TEXAS. (a) The Public Utility Commission of Texas is entitled to obtain from the department criminal history record information maintained by the department that relates to a person undergoing a background and criminal history check under Section 12.107, Utilities Code.
(b)  Criminal history record information obtained under Subsection (a):
(1)  is for the exclusive use of the Public Utility Commission of Texas and is privileged and confidential; and
(2)  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)  The Public Utility Commission of Texas may destroy criminal history record information obtained under Subsection (a) after the information is used for the purpose authorized by this section.
(d)  This section does not prohibit the Public Utility Commission of Texas from obtaining and using criminal history record information as provided by other law.
Added by Acts 2023, 88th Leg., R.S., Ch. 154 (S.B. 1112), Sec. 1, eff. September 1, 2023.
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 411.1404. Access to Criminal History Record Information: Department of Information Resources

Sec. 411.1404.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  DEPARTMENT OF INFORMATION RESOURCES.  (a)  The Department of Information Resources is entitled to obtain from the department or the identification division of the Federal Bureau of Investigation the criminal history record information maintained by the department or division that relates to a person who is an employee, applicant for employment, contractor, subcontractor, intern, or other volunteer with the Department of Information Resources or with a contractor or subcontractor for the Department of Information Resources.
(b)  Criminal history record information obtained by the Department of Information Resources under this section may not be released or disclosed except:
(1)  by court order; or
(2)  with the consent of the person who is the subject of the information.
(c)  The Department of Information Resources shall destroy criminal history record information obtained under this section that relates to a person after the information is used to make an employment decision or to take a personnel action relating to the person who is the subject of the information.
(d)  The Department of Information Resources may not obtain criminal history record information under this section unless the Department of Information Resources first adopts policies and procedures that provide that evidence of a criminal conviction or other relevant information obtained from the criminal history record information does not automatically disqualify an individual from employment.  The policies and procedures adopted under this subsection must provide that the hiring official will determine, on a case-by-case basis, whether the individual is qualified for employment based on factors that include:
(1)  the specific duties of the position;
(2)  the number of offenses committed by the individual;
(3)  the nature and seriousness of each offense;
(4)  the length of time between the offense and the employment decision;
(5)  the efforts by the individual at rehabilitation; and
(6)  the accuracy of the information on the individual's employment application.
Added by Acts 2009, 81st Leg., R.S., Ch. 183 (H.B. 1830), Sec. 2, eff. September 1, 2009.
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 411.14055. Access to Criminal History Record Information: Texas School Safety Center

Sec. 411.14055.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS SCHOOL SAFETY CENTER.  The Texas School Safety Center at Texas State University is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is registering with the Texas School Safety Center to provide school safety or security consulting services under Section 37.2091, Education Code.
Added by Acts 2021, 87th Leg., R.S., Ch. 928 (H.B. 3597), Sec. 6, eff. June 18, 2021.
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 411.1406. Access to Criminal History Record Information: County Attorney in County With Population of 3

Sec. 411.1406.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  COUNTY ATTORNEY IN COUNTY WITH POPULATION OF 3.3 MILLION OR MORE.  A county attorney in a county with a population of 3.3 million or more is entitled to obtain from the department criminal history record information maintained by the department that relates to:
(1)  a matter falling within the authority of the county attorney as specified by Section 45.201; or
(2)  a person who is an applicant for employment by the county.
Added by Acts 2007, 80th Leg., R.S., Ch. 416 (S.B. 1196), Sec. 1, eff. June 15, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 926 (H.B. 3211), Sec. 1, eff. June 15, 2007.
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 411.14065. Access to Criminal History Record Information: County Tax Assessor-Collector

Sec. 411.14065.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: COUNTY TAX ASSESSOR-COLLECTOR.  A county tax assessor-collector in a county described by Section 520.052, Transportation Code, is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is an applicant for a motor vehicle title service license issued under Subchapter E, Chapter 520, Transportation Code.
Added by Acts 2015, 84th Leg., R.S., Ch. 229 (H.B. 2208), Sec. 1, eff. May 29, 2015.
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 411.1407. Access to Criminal History Record Information: Credit Union Department

Sec. 411.1407.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  CREDIT UNION DEPARTMENT.  (a)  The credit union commissioner is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is:
(1)  an individual who applies to incorporate a credit union under Subtitle D, Title 3, Finance Code;
(2)  a board member of a credit union incorporated under Subtitle D, Title 3, Finance Code;
(3)  an applicant for employment by the credit union department;  or
(4)  an employee of the credit union department.
(b)  Criminal history record information obtained by the credit union commissioner under this section may not be released by any person except:
(1)  on court order, unless the information is entered into evidence by the credit union department or a court at an administrative proceeding or a civil or criminal action under Subtitle D, Title 3, Finance Code; or
(2)  with the consent of the person who is the subject of the criminal history record information.
Added by Acts 2007, 80th Leg., R.S., Ch. 285 (H.B. 716), Sec. 3, eff. September 1, 2007.
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 411.1408. Access to Criminal History Record Information: Judicial Branch Certification Commission

Sec. 411.1408.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  JUDICIAL BRANCH CERTIFICATION COMMISSION.  (a)  In this section, "commission" means the Judicial Branch Certification Commission established under Chapter 152.
(b)  The commission is entitled to obtain criminal history record information as provided by Subsection (b-1) that relates to a person who is an applicant for or the holder of a certificate, registration, or license issued by the commission or otherwise under Subtitle L, Title 2.
(b-1)  Subject to Section 411.087 and consistent with the public policy of this state, the commission 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 (b); 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 (b).
(c)  The commission may not release or disclose to any person criminal history record information obtained from the Federal Bureau of Investigation under Subsection (b-1)(1).  Criminal history record information obtained by the commission under Subsection (b-1)(2):
(1)  may be used by the commission for any purpose related to the issuance, denial, suspension, revocation, or renewal of a certificate, registration, or license issued by the commission or otherwise under Subtitle L, Title 2; and
(2)  may not be released or disclosed to any person except:
(A)  on court order; or
(B)  as authorized by Section 411.1386(a-6) of this code or Section 1104.404, Estates Code, if applicable.
(d)  The commission shall destroy criminal history record information that is obtained under this section after the information is used for its authorized purpose.
Added by Acts 2007, 80th Leg., R.S., Ch. 15 (S.B. 505), Sec. 1, eff. April 25, 2007.
Renumbered from Government Code, Section 411.1406 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(23), eff. September 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 511 (S.B. 1057), Sec. 2, eff. June 19, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 2.25, eff. September 1, 2014.
Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.002(10), eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 62, eff. June 13, 2023.
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 411.1409. Access to Criminal History Information: Appellate Courts

Sec. 411.1409.  ACCESS TO CRIMINAL HISTORY INFORMATION: APPELLATE COURTS.  (a)  In this section, "appellate court" means the Supreme Court of Texas, the Texas Court of Criminal Appeals, or a court of appeals.
(b)  An appellate court is entitled to obtain criminal history record information as provided by Subsection (b-1) that relates to a person who is an applicant for:
(1)  employment with the court;
(2)  a volunteer position with the court; or
(3)  an appointment made by the court.
(b-1)  Subject to Section 411.087 and consistent with the public policy of this state, the court 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 (b); 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 (b).
(c)  Criminal history record information obtained by the court under this section may be used only to evaluate an applicant.
(d)  The court may not release or disclose to any person criminal history record information obtained from the Federal Bureau of Investigation under Subsection (b-1)(1).  The court may not release or disclose information obtained under Subsection (b-1)(2) except on order of a district court.
(e)  The court shall destroy criminal history record information obtained under this section after the information is used for its authorized purpose.
Added by Acts 2007, 80th Leg., R.S., Ch. 406 (S.B. 885), Sec. 1, eff. September 1, 2007.
Renumbered from Government Code, Section 411.1406 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(24), eff. September 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 10.17, eff. June 19, 2009.
Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 63, eff. June 13, 2023.
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 411.1410. Access to Criminal History Record Information: United States Armed Forces

Sec. 411.1410.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  UNITED STATES ARMED FORCES.  (a)  In this section, "agency of the United States armed forces" means the United States Army, the United States Navy, the United States Marine Corps, the United States Coast Guard, or the United States Air Force.
(b)  Subject to Subsection (c), an agency of the United States armed forces, including a recruiter for the agency, is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is an applicant for enlistment in the United States armed forces.
(c)  An agency of the United States armed forces is entitled to criminal history record information under Subsection (b) only if the agency submits to the department a signed statement from the applicant that authorizes the agency to obtain the information.
(d)  Criminal history record information obtained by an agency of the United States armed forces under Subsection (b) may not be released to any person or agency except on court order or with the consent of the person who is the subject of the criminal history record information.
(e)  An agency of the United States armed forces shall destroy criminal history record information obtained under Subsection (b) after the purpose for which the information was obtained is accomplished.
Added by Acts 2013, 83rd Leg., R.S., Ch. 871 (H.B. 694), Sec. 3, eff. June 14, 2013.
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 411.14101. Access to Criminal History Record Information: State Office of Administrative Hearings

Sec. 411.14101.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: STATE OFFICE OF ADMINISTRATIVE HEARINGS.  (a)  In this section, "office" means the State Office of Administrative Hearings.
(b)  The office is entitled to obtain criminal history record information as provided by Subsection (c)  that relates to a person who is:
(1)  an employee of, or an applicant for employment with, the office; or
(2)  a contractor, subcontractor, volunteer, or intern of the office, or an applicant to serve in one of those capacities.
(c)  Subject to Section 411.087 and consistent with the public policy of this state, the office 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 (b); 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 (b).
(d)  The office may not release or disclose to any person criminal history record information obtained from the Federal Bureau of Investigation under Subsection (c)(1).   Criminal history record information obtained by the office under Subsection (c)(2) may not be released or disclosed to any person except by court order or with the written consent of the person who is the subject of the criminal history record information.
(e)  The office shall destroy criminal history record information that is obtained under this section after the information is used for its authorized purpose.
Added by Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 64, eff. June 13, 2023.
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 411.14102. Access to Criminal History Record Information: Texas Board of Architectural Examiners

Sec. 411.14102.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS BOARD OF ARCHITECTURAL EXAMINERS.  (a)  The Texas Board of Architectural Examiners is entitled to obtain criminal history record information as provided by Subsection (b) that relates to:
(1)  a person who is:
(A)  an applicant for an architectural registration under Chapter 1051, Occupations Code; or
(B)  the holder of an architectural registration under that chapter;
(2)  a person who is:
(A)  an applicant for a landscape architectural registration under Chapter 1052, Occupations Code; or
(B)  the holder of a landscape architectural registration under that chapter; or
(3)  a person who is:
(A)  an applicant for an interior design registration under Chapter 1053, Occupations Code; or
(B)  the holder of an interior design registration under that chapter.
(b)  Subject to Section 411.087 of this code and Section 1051.3041, Occupations Code, and consistent with the public policy of this state, the Texas Board of Architectural Examiners 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).
(c)  The Texas Board of Architectural Examiners may not release or disclose to any person criminal history record information obtained from the Federal Bureau of Investigation under Subsection (b)(1).  Criminal history record information obtained by the Texas Board of Architectural Examiners under Subsection (b)(2) may not be released or disclosed to any person except on court order or as provided by Subsection (d).
(d)  The Texas Board of Architectural Examiners is not prohibited from disclosing criminal history record information obtained under Subsection (b)(2) in a criminal proceeding or in a hearing conducted by the Texas Board of Architectural Examiners or the State Office of Administrative Hearings.
(e)  The Texas Board of Architectural Examiners shall destroy criminal history record information that is obtained under this section after the information is used for its authorized purpose.
Added by Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 65, eff. June 13, 2023.
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 G. DNA Database System › Section 411.141. Definitions

Sec. 411.141.  DEFINITIONS.  In this subchapter:
(1)  "CODIS" means the FBI's Combined DNA Index System.  The term includes the national DNA index system sponsored by the FBI.
(2)  "Conviction" includes conviction by a jury or a court, a guilty plea, a plea of nolo contendere, or a finding of not guilty by reason of insanity.
(3)  "Criminal justice agency" means:
(A)  a federal or state agency that is engaged in the administration of criminal justice under a statute or executive order and that allocates a substantial part of its annual budget to the administration of criminal justice;
(B)  a secure correctional facility as defined by Section 1.07, Penal Code; or
(C)  a community supervision and corrections department, a parole office, or a local juvenile probation department or parole office.
(4)  "DNA" means deoxyribonucleic acid.
(5)  "DNA database" means one or more databases that contain forensic DNA records maintained by the director.
(6)  "DNA laboratory" means a laboratory that performs forensic DNA analysis on samples or specimens derived from a human body, physical evidence, or a crime scene.  The term includes a department crime laboratory facility that conducts forensic DNA analysis.
(7)  "DNA record" means the results of a forensic DNA analysis performed by a DNA laboratory. The term includes a DNA profile and related records, which may include a code or other identifying number referenced to a separate database to locate:
(A)  the originating entity; and
(B)  if known, the name and other personally identifying information concerning the individual who is the subject of the analysis.
(8)  "DNA sample" means a blood sample or other biological sample or specimen provided by an individual under this subchapter or submitted to the director under this subchapter for DNA analysis or storage.
(8-a)  "Elimination sample" means a blood sample or other biological sample or specimen voluntarily provided by the victim of an offense or another individual not involved in the alleged offense whose DNA is likely to be present at the scene of the crime to isolate and identify the DNA of a potential perpetrator.
(9)  "FBI" means the Federal Bureau of Investigation.
(10)  "Forensic analysis" has the meaning assigned by Article 38.35, Code of Criminal Procedure.
(11)  "Institution of higher education" has the meaning assigned by Section 61.003, Education Code.
(12)  "Penal institution" has the meaning assigned by Section 1.07, Penal Code.
Added by Acts 1995, 74th Leg., ch. 595, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 1224 (H.B. 1068), Sec. 4, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 1209 (S.B. 727), Sec. 9, eff. September 1, 2009.
Acts 2023, 88th Leg., R.S., Ch. 742 (H.B. 3506), Sec. 3, eff. September 1, 2023.
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 G. DNA Database System › Section 411.1425. Grant Funds

Sec. 411.1425.  GRANT FUNDS.  The director shall apply for any available federal grant funds applicable to the creation and storage of DNA records of persons arrested for certain offenses.
Added by Acts 2019, 86th Leg., R.S., Ch. 1285 (H.B. 1399), Sec. 4, eff. September 1, 2019.
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 G. DNA Database System › Section 411.143. Purposes

Sec. 411.143.  PURPOSES.  (a)  The principal purpose of the DNA database is to assist a federal, state, or local criminal justice agency in the investigation or prosecution of sex-related offenses or other offenses in which biological evidence is recovered.
(b)  In criminal cases, the purposes of the DNA database are only for use in the investigation of an offense, the exclusion or identification of suspects or offenders, and the prosecution or defense of the case.
(c)  Other purposes of the database include:
(1)  assisting in the recovery or identification of human remains from a disaster or for humanitarian purposes;
(2)  assisting in the identification of living or deceased missing persons;
(3)  if personal identifying information is removed:
(A)  establishing a population statistics database; and
(B)  assisting in identification research, forensic validation studies, or forensic protocol development; and
(4)  retesting to validate or update the original analysis or assisting in database or DNA laboratory quality control.
(d)  The information contained in the DNA database may not be collected, analyzed, or stored to obtain information about human physical traits or predisposition for disease unless the purpose for obtaining the information is related to a purpose described by this section.
(e)  The director may not store a name or other personal identifying information in the CODIS database.  A file or reference number to another information system may be included in the CODIS database only if the director determines the information is necessary to:
(1)  generate an investigative lead or exclusion;
(2)  support the statistical interpretation of a test result;  or
(3)  allow for the successful implementation of the DNA database.
(f)  Except as provided by this subchapter, the DNA database may not include criminal history record information.
(g)  A party contracting to carry out a function of another entity under this subchapter shall comply with:
(1)  a requirement imposed by this subchapter on the other entity, unless the party or other entity is exempted by the director; and
(2)  any additional requirement imposed by the director on the party.
Added by Acts 1995, 74th Leg., ch. 595, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 1224 (H.B. 1068), Sec. 6, eff. September 1, 2005.
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 G. DNA Database System › Section 411.1431. Inclusion of Elimination Sample in DNA Database Prohibited

Sec. 411.1431.  INCLUSION OF ELIMINATION SAMPLE IN DNA DATABASE PROHIBITED.  Notwithstanding Section 411.142(g), a DNA record created from an elimination sample and all information derived from that record may not be uploaded to, stored in, or capable of being searched for in the DNA database.
Added by Acts 2023, 88th Leg., R.S., Ch. 742 (H.B. 3506), Sec. 5, eff. September 1, 2023.
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 G. DNA Database System › Section 411.144. Regulation of DNA Laboratories; Penalties

Sec. 411.144.  REGULATION OF DNA LABORATORIES; PENALTIES.  (a)  The director by rule shall establish procedures for a DNA laboratory or criminal justice agency in the collection, preservation, shipment, analysis, and use of a DNA sample for forensic DNA analysis in a manner that permits the exchange of DNA evidence between DNA laboratories and the use of the evidence in a criminal case.
(b)  A DNA laboratory or criminal justice agency shall follow the procedures:
(1)  established by the director under this section; and
(2)  specified by the FBI, including use of comparable test procedures, laboratory equipment, supplies, and computer software.
(c)  The director may at any reasonable time enter and inspect the premises or audit the records, reports, procedures, or other quality assurance matters of any DNA laboratory that:
(1)  provides DNA records to the director under this subchapter; or
(2)  conducts forensic analysis.
(d)  A DNA laboratory conducting a forensic DNA analysis under this subchapter shall:
(1)  forward the DNA record of the analysis to the director at the department's crime laboratory or another location as required by the director; and
(2)  comply with this subchapter and rules adopted under this subchapter.
(e)  The director is the Texas liaison for DNA data, records, evidence, and other related matters between:
(1)  the FBI; and
(2)  a DNA laboratory or a criminal justice agency.
(f)  The director may:
(1)  conduct DNA analyses; or
(2)  contract with a laboratory, state agency, private entity, or institution of higher education for services to perform DNA analyses for the director.
Added by Acts 1995, 74th Leg., ch. 595, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 1224 (H.B. 1068), Sec. 7, eff. September 1, 2005.
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 G. DNA Database System › Section 411.145. Fees

Sec. 411.145.  FEES.  (a)  The director may collect a reasonable fee under this subchapter for:
(1)  the DNA analysis of a DNA sample submitted voluntarily to the director; or
(2)  providing population statistics data or other appropriate research data.
(b)  If the director provides a copy of an audit or other report made under this subchapter, the director may charge $6 for the copy, in addition to any other cost permitted under Chapter 552 or a rule adopted under that chapter.
(c)  A fee collected under this section shall be deposited in the state treasury to the credit of the state highway fund, and money deposited to the state highway fund under this section and under Chapter 42A, Code of Criminal Procedure, may be used only to defray the cost of administering this subchapter.
Added by Acts 1995, 74th Leg., ch. 595, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1490, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1224 (H.B. 1068), Sec. 8, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.41, eff. January 1, 2017.
Acts 2015, 84th Leg., R.S., Ch. 1276 (S.B. 1287), Sec. 12, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 4.32, eff. January 1, 2020.
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 G. DNA Database System › Section 411.146. DNA Samples

Sec. 411.146.  DNA SAMPLES.  (a)  The director may not accept a DNA record or DNA sample collected from an individual who at the time of collection is alive, unless the director reasonably believes the sample was submitted voluntarily or as required by this subchapter and is:
(1)  a blood sample collected in a medically approved manner by:
(A)  a physician, registered nurse, licensed vocational nurse, licensed clinical laboratory technologist; or
(B)  an individual who is trained to properly collect blood samples under this subchapter; or
(2)  a specimen other than a blood sample collected:
(A)  in a manner approved by the director by rule adopted under this section; and
(B)  by an individual who is trained to properly collect the specimen under this subchapter.
(b)  The director shall provide at no cost to a person collecting a DNA sample as described by Subsection (a) the collection kits, labels, report forms, instructions, and training for collection of DNA samples under this section.
(c)(1)  The director shall adopt rules regarding the collection, preservation, shipment, and analysis of a DNA database sample under this subchapter, including the type of sample or specimen taken.
(2)  A criminal justice agency permitted or required to collect a DNA sample for forensic DNA analysis under this subchapter:
(A)  may collect the sample or contract with a phlebotomist, laboratory, state agency, private entity, or institution of higher education for services to collect the sample at the time determined by the agency; and
(B)  shall:
(i)  preserve each sample collected until it is forwarded to the director under Subsection (d); and
(ii)  maintain a record of the collection of the sample.
(d)  A criminal justice agency that collects a DNA sample under this section shall send the sample to:
(1)  the director at the department's crime laboratory; or
(2)  another location as required by the director by rule.
(e)  A DNA laboratory may analyze a DNA sample collected under this section only:
(1)  to type the genetic markers contained in the sample;
(2)  for criminal justice or law enforcement purposes; or
(3)  for other purposes described by this subchapter.
(f)  If possible, a second DNA sample must be collected from an individual in a criminal investigation if forensic DNA evidence is necessary for use as substantive evidence in the investigation, prosecution, or defense of a case.
Added by Acts 1995, 74th Leg., ch. 595, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 1224 (H.B. 1068), Sec. 9, eff. September 1, 2005.
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 G. DNA Database System › Section 411.147. Access to DNA Database Information

Sec. 411.147.  ACCESS TO DNA DATABASE INFORMATION.  (a)  The director by rule shall establish procedures:
(1)  to prevent unauthorized access to the DNA database; and
(2)  to release from the DNA database a DNA sample, analysis, record, or other information maintained under this subchapter.
(b)  The director may adopt rules relating to the internal disclosure, access, or use of a sample or DNA record in a DNA laboratory.
(c)  The director may release a DNA sample, analysis, or record only:
(1)  to a criminal justice agency for criminal justice or law enforcement identification purposes;
(2)  for a judicial proceeding, if otherwise admissible under law;
(3)  for criminal defense purposes to a defendant, if related to the case in which the defendant is charged or released from custody under Article 17.47, Code of Criminal Procedure, or other court order; or
(4)  for another purpose:
(A)  described in Section 411.143; or
(B)  required under federal law as a condition for obtaining federal funding.
(d)  The director may release a record of the number of requests made for a defendant's individual DNA record and the name of the requesting person.
(e)  A criminal justice agency may have access to a DNA sample for a law enforcement purpose through:
(1)  the agency's laboratory; or
(2)  a laboratory used by the agency.
(f)  The director shall maintain a record of requests made under this section.
Added by Acts 1995, 74th Leg., ch. 595, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 1224 (H.B. 1068), Sec. 10, eff. September 1, 2005.
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 G. DNA Database System › Section 411.1473. DNA Records of Certain Registered Sex Offenders and Terrorist Offenders

Sec. 411.1473.  DNA RECORDS OF CERTAIN REGISTERED SEX OFFENDERS AND TERRORIST OFFENDERS.  (a)  This section applies only to a person who is required to register under Chapter 62 or 65, Code of Criminal Procedure.
(b)  The department by rule shall require a law enforcement agency serving as a person's primary registration authority under Chapter 62 or 65, Code of Criminal Procedure, to:
(1)  take one or more specimens from a person described by Subsection (a) for the purpose of creating a DNA record; and
(2)  preserve the specimen and maintain a record of the collection of the specimen.
(c)  A law enforcement agency taking a specimen under this section may either send the specimen to the director or send to the director an analysis of the specimen performed by a laboratory chosen by the agency and approved by the director.
(d)  A law enforcement agency is not required to take and a person is not required to provide a specimen under this section if the person is required to and has provided a specimen under this chapter or other law.
Added by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 1.05, eff. September 1, 2005.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 935 (S.B. 1518), Sec. 2, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 935 (S.B. 1518), Sec. 3, eff. September 1, 2023.
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 G. DNA Database System › Section 411.149. Voluntary DNA Record

Sec. 411.149.  VOLUNTARY DNA RECORD.  An individual, including an individual required to provide a DNA sample under this subchapter, may at any time voluntarily provide or cause to be provided to a criminal justice agency a sample to be forwarded to the director for the purpose of creating a DNA record under this subchapter.
Added by Acts 1995, 74th Leg., ch. 595, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 1224 (H.B. 1068), Sec. 12, eff. September 1, 2005.
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 G. DNA Database System › Section 411.151. Expunction or Removal of DNA Records

Sec. 411.151.  EXPUNCTION OR REMOVAL OF DNA RECORDS.  (a)  The director shall expunge a DNA record of an individual from a DNA database if:
(1)  the director receives:
(A)  an order of expunction under Article 55.02, Code of Criminal Procedure; or
(B)  a request from a court under Section 411.1471(e); or
(2)  the person provides the director with a certified copy of a court order issued under Subchapter C-1, Chapter 58, Family Code, that seals the juvenile record of the adjudication that resulted in the DNA record.
(b)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 543 (H.B. 3956), Sec. 5, eff. September 1, 2023.
(c)  This section does not require the director to expunge a record or destroy a sample if the director determines that the individual is otherwise required to submit a DNA sample under this subchapter.
(d)  The director by rule may permit administrative removal of a record, sample, or other information erroneously included in a database.
(e)  The department's failure to expunge a DNA record as required by this section may not serve as the sole grounds for a court in a criminal proceeding to exclude evidence based on or derived from the contents of that record.
Added by Acts 1995, 74th Leg., ch. 595, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 283, Sec. 44, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1224 (H.B. 1068), Sec. 13, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1105 (S.B. 1636), Sec. 1, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 746 (S.B. 1304), Sec. 20, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 543 (H.B. 3956), Sec. 4, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 543 (H.B. 3956), Sec. 5, eff. September 1, 2023.
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 G. DNA Database System › Section 411.152. Rules

Sec. 411.152.  RULES.  (a)  The director may adopt rules permitted by this subchapter that are necessary to administer or enforce this subchapter but shall adopt a rule expressly required by this subchapter.
(b)  The director by rule may release or permit access to information to confirm or deny whether an individual has a preexisting record under this subchapter.  After receiving a request regarding an individual whose DNA record has been expunged or removed under Section 411.151, the director shall deny the preexisting record.
(c)  The director by rule may exempt:
(1)  a laboratory conducting non-human forensic DNA analysis from a rule adopted under this subchapter; and
(2)  certain categories of individuals from a requirement to provide an additional sample after an acceptable DNA record exists for the individual.
(d)  The director by rule may determine whether a DNA sample complies with a collection provision of this subchapter.
Added by Acts 1995, 74th Leg., ch. 595, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 1224 (H.B. 1068), Sec. 14, eff. September 1, 2005.
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 G. DNA Database System › Section 411.153. Confidentiality of DNA Records

Sec. 411.153.  CONFIDENTIALITY OF DNA RECORDS.  (a)  A DNA record stored in the DNA database is confidential and is not subject to disclosure under the public information law, Chapter 552.
(b)  A person commits an offense if the person knowingly discloses to an unauthorized recipient information in a DNA record or information related to a DNA analysis of a sample collected under this subchapter.
(c)  An offense under this section is a state jail felony.
(d)  A violation under this section constitutes official misconduct.
Added by Acts 1995, 74th Leg., ch. 595, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1490, Sec. 3, eff. Sept. 1, 2001.
Added by Acts 1995, 74th Leg., ch. 595, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1490, Sec. 3, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1509, Sec. 3.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 1224 (H.B. 1068), Sec. 15, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 760 (H.B. 3295), Sec. 4, eff. June 15, 2007.