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 411.1405. Access to Criminal History Record Information: State Agencies; Information Technology Employees

Sec. 411.1405.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  STATE AGENCIES;  INFORMATION TECHNOLOGY EMPLOYEES.  (a)  In this section:
(1)  "Information resources" and "information resources technologies" have the meanings assigned by Section 2054.003.
(2)  "State agency" means a department, commission, board, office, council, authority, or other agency in the executive, legislative, or judicial branch of state government that is created by the constitution or a statute of this state, including a university system or institution of higher education as defined by Section 61.003, Education Code.
(b)  To the extent consistent with Subsection (e), a state agency is entitled to obtain criminal history record information as provided by Subsection (b-1) that relates to a person who:
(1)  is an employee, applicant for employment, contractor, subcontractor, or intern or other volunteer with the state agency or with a contractor or subcontractor for the state agency; and
(2)  has access to information resources or information resources technologies, other than a desktop computer or telephone station assigned to that person.
(b-1)  Subject to Section 411.087 and consistent with the public policy of this state, a state agency 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)  A state agency may not release or disclose to any person criminal history record information obtained from the Federal Bureau of Investigation under Subsection (b-1)(1).  A state agency that obtains criminal history record information under this section may not release or disclose the information obtained under Subsection (b-1)(2) or any documents or other records derived from the information except:
(1)  by court order;
(2)  with the consent of the person who is the subject of the information;
(3)  to the affected contractor or subcontractor; or
(4)  as described by Subsection (g).
(d)  A state agency and the affected contractor or subcontractor shall destroy criminal history record information obtained under this section after the information is used for the purposes authorized by this section.
(e)  A state agency may not obtain criminal history record information under this section unless the state agency 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 attorney general shall review the policies and procedures for compliance with due process and other legal requirements before adoption by the state agency.  The attorney general may charge the state agency a fee to cover the cost of the review.  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.
(f)  A criminal history record information provision in another law that is more specific to a state agency, including Section 411.089, prevails over this section to the extent of any conflict.
(g)  A state agency is not prohibited from disclosing criminal history record information obtained under Subsection (b-1)(2) in a criminal proceeding.
Added by Acts 2003, 78th Leg., ch. 87, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 61, eff. June 13, 2023.