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 411.0891. Department Access to Criminal History Record Information: Certain Departmental Authorizations

Sec. 411.0891.  DEPARTMENT ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: CERTAIN DEPARTMENTAL AUTHORIZATIONS.  (a)  The department may obtain as provided by Subsection (a-1) criminal history record information that relates to a person who:
(1)  is an applicant for or holds a registration issued by the director under Subchapter C, Chapter 481, Health and Safety Code, that authorizes the person to manufacture, distribute, analyze, or conduct research with a controlled substance;
(2)  is an applicant for or holds a registration issued by the department under Chapter 487, Health and Safety Code, to be a director, manager, or employee of a dispensing organization, as defined by Section 487.001, Health and Safety Code;
(3)  is an applicant for or holds an authorization issued by the department under Section 521.2476, Transportation Code, to do business in this state as a vendor of ignition interlock devices;
(4)  is an applicant for or holds certification by the department as an inspection station or an inspector under Subchapter G, Chapter 548, Transportation Code, holds an inspection station or inspector certificate issued under that subchapter, or is the owner of an inspection station operating under that chapter;
(5)  is an applicant for or holds a certificate of registration issued by the department under Chapter 1956, Occupations Code, to act as a metal recycling entity;
(6)  is an applicant for or holds a license to carry a handgun issued by the department under Subchapter H, or is an applicant for or holds a certification as an instructor issued by the department under this chapter;
(7)  is an applicant for or holds a Capitol access pass issued by the department under Section 411.0625; or
(8)  is an applicant for or holds a license or commission issued by the department under Chapter 1702, Occupations Code.
(a-1)  Subject to Section 411.087 and consistent with the public policy of this state, the department 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 any other criminal justice agency in this state criminal history record information maintained by that criminal justice agency that relates to a person described by Subsection (a).
(b)  The department may not release or disclose to any person criminal history record information obtained from the Federal Bureau of Investigation under Subsection (a-1)(1).  The department may release or disclose criminal history record information obtained by the department under Subsection (a-1)(2) for a purpose described by Subsection (a) to another person or agency only:
(1)  in a criminal proceeding;
(2)  in a hearing conducted by the department;
(3)  under an order from a court; or
(4)  with the consent of the person who is the subject of the criminal history record information.
(c)  This section may not be construed to limit the authority of the department to disseminate criminal history record information as provided by Section 411.083.
(d)  The department may require any person for whom the department is authorized to obtain criminal history record information under Subsections (a) and (a-1) to submit a complete and legible set of fingerprints to the department on a form prescribed by the department for the purpose of obtaining criminal history record information.
(e)  The department shall destroy criminal history record information that is obtained under this section after the information is used for its authorized purpose.
Added by Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 9.01, eff. June 19, 2009.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.001, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 13, eff. June 13, 2023.