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 411.12516. Access to Criminal History Record Information: Texas Board of Professional Engineers and Land Surveyors

Sec. 411.12516.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS.  (a)  The Texas Board of Professional Engineers and Land Surveyors is entitled to obtain criminal history record information as provided by Subsection (b) that relates to an applicant for or holder of a license under Chapters 1001 and 1071, Occupations Code.
(b)  Subject to Section 411.087 of this code and Section 1001.272, Occupations Code, and consistent with the public policy of this state, the Texas Board of Professional Engineers and Land Surveyors 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 Professional Engineers and Land Surveyors 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 Professional Engineers and Land Surveyors under Subsection (b)(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 Subsection (d).
(d)  The Texas Board of Professional Engineers and Land Surveyors 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 Professional Engineers and Land Surveyors.
(e)  The Texas Board of Professional Engineers and Land Surveyors 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. 55, 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 411.12517. Access to Criminal History Record Information: Texas State Board of Pharmacy

Sec. 411.12517.   ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS STATE BOARD OF PHARMACY.  (a)  The Texas State Board of Pharmacy is entitled to obtain criminal history record information as provided by Subsection (b) that relates to a person who:
(1)  is an applicant for or holder of a license, certificate, registration, permit, or other authorization under Chapters 557, 558, 559, and 568, Occupations Code;
(2)  is an applicant for or holder of a Class A, Class B, Class C, Class D, or Class E pharmacy license under Chapters 560 and 561, Occupations Code;
(3)  requests a determination of eligibility for a license, certificate, registration, permit, or other authorization from the Texas State Board of Pharmacy; or
(4)  is an applicant for employment at or current employee of the Texas State Board of Pharmacy.
(b)  Subject to Section 411.087 and consistent with the public policy of this state, the Texas State Board of Pharmacy 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 State Board of Pharmacy 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 State Board of Pharmacy under Subsection (b)(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 Subsection (d).
(d)  The Texas State Board of Pharmacy 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 State Board of Pharmacy or the State Office of Administrative Hearings.
(e)  The Texas State Board of Pharmacy shall destroy criminal history record information obtained under this section after a final determination is made in the matter for which the information was obtained.
Added by Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 56, 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 411.127. Access to Criminal History Record Information: Applicants for Employment and Contractors

Sec. 411.127.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  APPLICANTS FOR EMPLOYMENT AND CONTRACTORS.  (a)  The Title IV-D agency is entitled to obtain from the Department of Public Safety, the Federal Bureau of Investigation identification division, or another law enforcement agency criminal history record information maintained by the department or agency that relates to a person who is an applicant for a position of employment with the Title IV-D agency, or an applicant to serve as a consultant, intern, or volunteer, that involves the performance of duties under Chapter 231, Family Code.  The Title IV-D agency may not request the information unless a supervisory employee of the agency has recommended that the applicant be hired or serve as an intern or volunteer.
(b)  The Title IV-D agency is entitled to obtain from the Department of Public Safety, Federal Bureau of Investigation identification division, or another law enforcement agency criminal history record information maintained by the department or agency that relates to a person who proposes to enter into a contract with or that has a contract with the Title IV-D agency to supply goods or services to the Title IV-D agency.  The authorization under this subsection to obtain criminal history record information about a person includes information relating to an employee or subcontractor of the person or an employee of the person's subcontractor.
(c)  Criminal history record information obtained by the Title IV-D agency under Subsection (a) or (b) may not be released or disclosed to any person except on court order or with the consent of the person who is the subject of the criminal history record information.
(d)  The Title IV-D agency shall destroy criminal history record information that relates to a person after the information is used for its authorized purpose.
(e)  In this section, "Title IV-D agency" has the meaning assigned by Section 101.033, Family Code.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 42, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 7.37, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 556, Sec. 76, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1023, Sec. 74, eff. Sept. 1, 2001.
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 411.1271. Access to Criminal History Record Information: Office of the Attorney General

Sec. 411.1271.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  OFFICE OF THE ATTORNEY GENERAL.  (a)  The office of the attorney general is entitled to obtain from the Department of Public Safety, the Federal Bureau of Investigation identification division, or another law enforcement agency criminal history record information maintained by the department or agency that relates to a person who is an applicant for a position of employment with the office of the attorney general or an applicant to serve as a consultant, intern, or volunteer for the office.
(b)  The office of the attorney general is entitled to obtain from the Department of Public Safety, the Federal Bureau of Investigation identification division, or another law enforcement agency criminal history record information maintained by the department or agency that relates to a person who proposes to enter into a contract with or who has a contract with the office of the attorney general to supply goods or services to the office of the attorney general.  The authorization under this subsection to obtain criminal history record information about a person includes information relating to an employee or subcontractor of the person or an employee of the person's subcontractor.
(b-1)  The office of the attorney general is entitled to obtain from the Department of Public Safety, the Federal Bureau of Investigation identification division, or another law enforcement agency criminal history record information maintained by the department or agency that relates to a person who owes child support in a Title IV-D case, as defined by Section 101.034, Family Code, for the purposes of locating that person and establishing, modifying, or enforcing a child support obligation against that person.
(c)  Criminal history record information obtained by the office of the attorney general under this section may not be released or disclosed to any person except on court order or with the consent of the person who is the subject of the criminal history record information.
(d)  The office of the attorney general shall destroy criminal history record information that relates to a person after the information is used for its authorized purpose.
Added by Acts 2009, 81st Leg., R.S., Ch. 514 (S.B. 1081), Sec. 1, eff. June 19, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 508 (H.B. 1674), Sec. 21, eff. September 1, 2011.
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 411.1272. Access to Criminal History Record Information: Office of Capital and Forensic Writs and Public Defender's Offices

Sec. 411.1272.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  OFFICE OF CAPITAL AND FORENSIC WRITS AND PUBLIC DEFENDER'S OFFICES.  The office of capital and forensic writs and a public defender's office are entitled to obtain from the department criminal history record information maintained by the department that relates to a criminal case in which an attorney compensated by the office of capital and forensic writs or by the public defender's office has been appointed.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1188 (S.B. 1044), Sec. 3, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1215 (S.B. 1743), Sec. 25, eff. September 1, 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 411.128. Access to Criminal History Record Information: Person Seeking to Adopt Child

Sec. 411.128.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  PERSON SEEKING TO ADOPT CHILD.  (a)  A person seeking to adopt a child under Chapter 162, Family Code, who is ordered by the court to obtain the person's own criminal history record information from the department under Section 162.0085, Family Code, shall request the information as provided by this section.
(b)  A person requesting information under this section shall provide the department with the name and address of the court and the date set for the adoption hearing.
Text of subsec. (c) as added by Acts 1995, 74th Leg., ch. 751, Sec. 123
(c)  The department shall provide the court with criminal history record information not later than the 10th day after the date on which the criminal history record information is requested.
Text of subsec. (c) as added by Acts 1995, 74th Leg., ch. 908, Sec. 3
(c)  The department shall provide the court with criminal history record information not later than the 10th day before the date set for the adoption hearing.
(d)  Criminal history record information requested under this section may not be released or disclosed to a person other than the court ordering the investigation except on court order or with the consent of the person who is the subject of the criminal history record information.
Added by Acts 1995, 74th Leg., ch. 751, Sec. 123;  Acts 1995, 74th Leg., ch. 908, Sec. 3, eff. Sept. 1, 1995.
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 411.1285. Access to Criminal History Record Information: Domestic Relations Office and Child Custody Evaluator

Sec. 411.1285.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  DOMESTIC RELATIONS OFFICE AND CHILD CUSTODY EVALUATOR.  (a)  A domestic relations office created under Chapter 203, Family Code, is entitled to obtain from the department criminal history record information that relates to a person who is a party to a proceeding in which the domestic relations office is providing services permitted under Chapter 203, Family Code.
(a-1)  A domestic relations office created under Chapter 203, Family Code, or a child custody evaluator appointed under Chapter 107, Family Code, is entitled to obtain from the department criminal history record information that relates to a person involved in a child custody evaluation under Chapter 107, Family Code, in which the domestic relations office or child custody evaluator has been appointed to conduct the child custody evaluation.
(b)  The department shall provide the domestic relations office or the child custody evaluator with criminal history record information not later than the 10th day after the date on which the criminal history record information is requested.
(c)  Criminal history record information requested under this section, except for relevant information included in a report of a child custody evaluation or adoption evaluation filed under Chapter 107, Family Code, may not be released or disclosed by a domestic relations office or a child custody evaluator to a person other than the court ordering the child custody evaluation or adoption evaluation except on court order or with the consent of the person who is the subject of the criminal history record information.
Added by Acts 1999, 76th Leg., ch. 318, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1040 (H.B. 1181), Sec. 1, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 832 (H.B. 772), Sec. 10, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 3.07, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 257 (H.B. 1501), Sec. 9, eff. September 1, 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 411.1286. Access to Criminal History Record Information: County Commissioners Courts; County Child Welfare Board Members

Sec. 411.1286.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  COUNTY COMMISSIONERS COURTS;  COUNTY CHILD WELFARE BOARD MEMBERS.  The commissioners court of a county is entitled to obtain from the department criminal history record information maintained by the department that relates to a member of a county child welfare board appointed by the commissioners court under Section 264.005, Family Code.
Added by Acts 1999, 76th Leg., ch. 318, Sec. 1, eff. Sept. 1, 1999.
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 411.129. Access to Criminal History Record Information: Employment by Municipality

Sec. 411.129.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  EMPLOYMENT BY MUNICIPALITY.
(a)  Except as provided by Subsection (b), a municipality is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who:
(1)  is:
(A)  an applicant for employment by the municipality;
(B)  an employee of the municipality;
(C)  an applicant for employment by or an employee of a business or person that contracts with the municipality;
(D)  a volunteer with the municipality; or
(E)  an applicant for a volunteer position with the municipality; or
(2)  seeks the municipality's authorization to conduct fire safety inspections without becoming certified as a fire inspector by the Texas Commission on Fire Protection.
(a-1)  The department shall make available through electronic means the information available to municipalities under this section.
(b)  A municipality is not entitled to obtain under this section any information about a person if the municipality is entitled to obtain under another section of this subchapter any criminal history record information about the person.
Added by Acts 1995, 74th Leg., ch. 323, Sec. 1, eff. Aug. 28, 1995.  Renumbered from Government Code Sec. 411.128 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(34), eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1024, Sec. 1, eff. June 18, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 799 (H.B. 2828), Sec. 1, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 1245 (H.B. 2446), Sec. 2, eff. June 14, 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 F. Criminal History Record Information › Section 411.1295. Access to Criminal History Record Information: Employment by County

Sec. 411.1295.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  EMPLOYMENT BY COUNTY.  (a)  Except as provided by Subsection (b), a county is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is:
(1)  an applicant for employment by the county;
(2)  an employee of the county;
(3)  an applicant for employment by or an employee of a business or person that contracts with the county;
(4)  a volunteer with the county; or
(5)  an applicant for a volunteer position with the county.
(b)  A county is not entitled to obtain under this section any information about a person if the county is entitled to obtain under another section of this subchapter any criminal history record information about the person.
Added by Acts 1999, 76th Leg., ch. 346, Sec. 1, eff. Aug. 30, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 799 (H.B. 2828), Sec. 2, eff. September 1, 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 411.1297. Access to Criminal History Record Information: Employment by Emergency Communication District

Sec. 411.1297.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  EMPLOYMENT BY EMERGENCY COMMUNICATION DISTRICT.  (a)  An emergency communication district created under Chapter 772, Health and Safety Code, is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is:
(1)  an applicant for employment by or an employee of the district;
(2)  an applicant for a volunteer position or a volunteer with the district; or
(3)  an applicant for employment by or an employee of a person that contracts with the district.
(b)  Criminal history record information obtained by an emergency communication district under Subsection (a) may not be released or disclosed to any person except:
(1)  in a criminal proceeding;
(2)  on court order; or
(3)  with the consent of the person who is the subject of the criminal history record information.
Added by Acts 2017, 85th Leg., R.S., Ch. 314 (S.B. 1290), Sec. 1, eff. September 1, 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 411.130. Access to Criminal History Record Information; Crime Victims' Institute

Sec. 411.130.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION;  CRIME VICTIMS' INSTITUTE.  The Crime Victims' Institute is entitled to obtain from the department criminal history record information maintained by the department that the institute believes is necessary for the performance of the duties of the institute under Section 96.65, Education Code.
Added by Acts 1995, 74th Leg., ch. 485, Sec. 2, eff. Sept. 1, 1995.  Renumbered from Government Code Sec. 411.128 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(35), eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 927, Sec. 3, eff. Sept. 1, 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 411.1301. Access to Criminal History Record Information: Certain Local Government Corporations Engaged in Criminal Identification Activities

Sec. 411.1301.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  CERTAIN LOCAL GOVERNMENT CORPORATIONS ENGAGED IN CRIMINAL IDENTIFICATION ACTIVITIES.  (a)  This section applies only to a local government corporation that is created under Subchapter D, Chapter 431, Transportation Code, for governmental purposes relating to criminal identification activities, including forensic analysis, and that allocates a substantial part of its annual budget to those criminal identification activities.
(b)  A local government corporation described by Subsection (a) is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who:
(1)  is an employee or an applicant for employment with the local government corporation;
(2)  is a consultant, intern, or volunteer for the local government corporation or an applicant to serve as a consultant, intern, or volunteer;
(3)  proposes to enter into a contract with or has a contract with the local government corporation to perform services for or supply goods to the local government corporation; or
(4)  is an employee or subcontractor, or an applicant to be an employee or subcontractor, of a contractor that provides services to the local government corporation.
(c)  Criminal history record information obtained by a local government corporation under Subsection (b) may not be released or disclosed to any person except:
(1)  on court order; or
(2)  with the consent of the person who is the subject of the criminal history record information.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1188 (S.B. 1044), Sec. 4, 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 411.131. Access to Criminal History Record Information: Safe Houses

Sec. 411.131.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  SAFE HOUSES.  (a)  In this section:
(1)  "Safe house" means a nonprofit organization:
(A)  whose primary purpose is to provide temporary shelter for children avoiding harmful situations;
(B)  that is certified as a bona fide safe house by a local law enforcement agency;  and
(C)  that is operating as a "Safe House."
(2)  "Volunteer" or "volunteer applicant" means a person who will perform one or more of the following services without remuneration:
(A)  any service performed in a safe house;
(B)  any service that requires the access to or the handling of money or confidential or privileged information;
(C)  any service that involves the care of or access to a child;
(D)  coordination or referral of volunteers;  or
(E)  executive administrative responsibilities.
(b)  A safe house 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 volunteer center, if the volunteer or applicant signs a written consent to a criminal history background check.
(c)  Repealed by Acts 2003, 78th Leg., ch. 296, Sec. 13(10).
(d)  The department may establish rules governing the administration of this section.
(e)  A safe house 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 the determination of suitability of the person for any position as a volunteer.
(f)  A safe house or an officer or volunteer of a safe house is not liable in a civil action for damages resulting from a failure to comply with this section if the safe house, officer, or volunteer makes a good faith effort to comply.
Added by Acts 1995, 74th Leg., ch. 691, Sec. 1, eff. Aug. 28, 1995.  Renumbered from Government Code Sec. 411.128 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(36), eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 296, Sec. 13(10), eff. Sept. 1, 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 411.132. Access to Criminal History Record Information: State Auditor

Sec. 411.132.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  STATE AUDITOR.  (a)  The state auditor is entitled to obtain from the department criminal history record information for purposes of:
(1)  performing risk assessment in devising the annual audit plan;  or
(2)  performing an investigation under Chapter 321 of specified acts or allegations of impropriety, malfeasance, or nonfeasance.
(b)  The department and the state auditor shall enter into an agreement providing the state auditor with electronic access to the information that includes appropriate safeguards against unauthorized disclosure of the information.
(c)  Except as provided by Subsection (d), information obtained by the state auditor under Subsection (a) may not be released or disclosed to any person except on court order or with the consent of the person who is the subject of the criminal history record information.
(d)  If, in the judgment of the state auditor, information obtained under Subsection (a) indicates a substantial risk to the interests of the state, the state auditor shall report the information to the legislative audit committee and to the administrative head of the affected agency.  The reports are audit working papers of the state auditor.
(e)  The state auditor shall destroy information obtained under Subsection (a) when the information is no longer needed for audit purposes or to support audit findings.
Added by Acts 1997, 75th Leg., ch. 1122, Sec. 9, eff. Sept. 1, 1997.
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 411.133. Access to Criminal History Record Information: Regional Tollway Authorities

Sec. 411.133.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  REGIONAL TOLLWAY AUTHORITIES.  (a)  A regional tollway authority governed by Chapter 366, Transportation Code, is entitled to obtain from the department criminal history record information maintained by the department that pertains to a person who is:
(1)  employed by the regional tollway authority;  or
(2)  an applicant for employment with the regional tollway authority.
(b)  Criminal history record information obtained under Subsection (a) may not be released or disclosed to any person except in a criminal proceeding, in a hearing conducted by the regional tollway authority, on court order, or with the consent of the person who is the subject of the criminal history record information.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.25, eff. Sept. 1, 1997.  Renumbered from Sec. 411.132 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(37), eff. Sept. 1, 1999.
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 411.134. Criminal History Record Information: Texas State Library and Archives Commission

Sec. 411.134.  CRIMINAL HISTORY RECORD INFORMATION:  TEXAS STATE LIBRARY AND ARCHIVES COMMISSION.  (a)  In this section:
(1)  "Commission" means the Texas State Library and Archives Commission.
(2)  "Security-sensitive position" means a position of employment with the Texas State Library and Archives Commission held by an employee who:
(A)  has access to the confidential records of state agencies that are stored by the commission;
(B)  has access to any part of the archives of the state library as described in Section 441.010;
(C)  has access to a computer terminal, if any information available from the terminal is required by law to remain confidential;  or
(D)  handles currency.
(b)  The commission is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is employed in or is an applicant for a security-sensitive position.
(c)  Criminal history record information obtained by the commission under Subsection (b) may not be released or disclosed to any person except on court order or with the consent of the person who is the subject of the information.
(d)  The commission shall destroy criminal history record information 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.
Added by Acts 1997, 75th Leg., ch. 1366, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Sec. 411.132 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(38), eff. Sept. 1, 1999.
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 411.135. Access to Certain Information by Public

Sec. 411.135.  ACCESS TO CERTAIN INFORMATION BY PUBLIC.  (a)  Any person is entitled to obtain from the department:
(1)  any information described as public information under Chapter 62, Code of Criminal Procedure, including, to the extent available, a recent photograph of each person subject to registration under that chapter;
(2)  criminal history record information maintained by the department that relates to the conviction of or a grant of deferred adjudication to a person for any criminal offense, including arrest information that relates to the conviction or grant of deferred adjudication; and
(3)  any information described as public information under Section 411.1355.
(b)  The department by rule shall design and implement a system to respond to electronic inquiries and other inquiries for information described by Subsection (a).
(c)  A person who obtains information from the department under Subsection (a) may:
(1)  use the information for any purpose;  or
(2)  release the information to any other person.
Added by Acts 1997, 75th Leg., ch. 747, Sec. 2, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1415, Sec. 21, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 9.004, eff. September 1, 2013.
Acts 2023, 88th Leg., R.S., Ch. 637 (H.B. 5202), Sec. 2, eff. June 11, 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 411.138. Access to Criminal History Record Information: Juvenile Board or Juvenile Probation Department

Sec. 411.138.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  JUVENILE BOARD OR JUVENILE PROBATION DEPARTMENT.  A juvenile board or juvenile probation department is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is:
(1)  an applicant for a position with the juvenile probation department;
(2)  an employee for whom the juvenile board or juvenile probation department will seek certification from the Texas Juvenile Justice Department; or
(3)  an employee or department applicant who currently holds certification from the Texas Juvenile Justice Department.
Added by Acts 2001, 77th Leg., ch. 1297, Sec. 56, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 93, eff. September 1, 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 411.1385. Access to Criminal History Record Information: Savings and Mortgage Lending Commissioner

Sec. 411.1385.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  SAVINGS AND MORTGAGE LENDING COMMISSIONER.  (a)  The savings and mortgage lending 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 applicant for or holder of a license, charter, or other authority granted or issued by the savings and mortgage lending commissioner under:
(A)  Subtitle B or C, Title 3, Finance Code; or
(B)  Chapter 156, 157, 158, or 180, Finance Code;
(2)  an employee of or volunteer with the Department of Savings and Mortgage Lending;
(3)  an applicant for employment or an internship with the Department of Savings and Mortgage Lending; or
(4)  a contractor or subcontractor of the Department of Savings and Mortgage Lending.
(b)  Except as provided by Subsection (c), the savings and mortgage lending commissioner may not release or disclose criminal history record information obtained under this section unless:
(1)  the information is obtained from a fingerprint-based search; and
(2)  the information is released or disclosed:
(A)  on court order;
(B)  to the person who is the subject of the criminal history record information; or
(C)  with the consent of the person who is the subject of the criminal history record information.
(c)  Criminal history record information obtained by the savings and mortgage lending commissioner under Subsection (a) with respect to the issuance of a license under Chapter 156, Finance Code, may be released or disclosed only as provided by Section 156.206, Finance Code.
Added by Acts 2003, 78th Leg., ch. 173, Sec. 3, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 296, Sec. 9, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 6.062, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1104 (H.B. 10), Sec. 21, eff. June 19, 2009.
Acts 2017, 85th Leg., R.S., Ch. 166 (H.B. 2580), Sec. 1, eff. September 1, 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 411.1387. Access to Criminal History Record Information: Facility, Regulatory Agency, or Private Agency

Sec. 411.1387.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  FACILITY, REGULATORY AGENCY, OR PRIVATE AGENCY.  (a)  In this section, "facility," "regulatory agency," and "private agency" have the meanings assigned by Section 250.001, Health and Safety Code.
(b)  A regulatory agency is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is:
(1)  an applicant for employment at or an employee of a facility other than a facility licensed under Chapter 142, Health and Safety Code; or
(2)  an applicant for employment at or an employee of a facility licensed under Chapter 142, Health and Safety Code, if the duties of employment involve direct contact with a consumer in the facility.
(b-1)  A facility or a private agency on behalf of a facility is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is:
(1)  an applicant for employment with, an employee of, or a volunteer with the facility;
(2)  an applicant for employment with or an employee of a person or business that contracts with the facility; or
(3)  a student enrolled in an educational program or course of study who is at the facility for educational purposes.
(c)  A facility may:
(1)  obtain directly from the department criminal history record information on a person described by Subsection (b-1); or
(2)  authorize a private agency to obtain that information from the department.
(d)  A private agency obtaining criminal history record information on behalf of a facility under Subsection (c) shall forward the information received to the facility requesting the information.
(e)  Criminal history record information obtained by a facility, regulatory agency, or private agency on behalf of a facility under Subsection (b) or (b-1) 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.
Added by Acts 2003, 78th Leg., ch. 296, Sec. 9, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 266 (H.B. 729), Sec. 2, 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 411.1388. Access to Criminal History Record Information: Interagency Council on Sex Offender Treatment

Sec. 411.1388.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  INTERAGENCY COUNCIL ON SEX OFFENDER TREATMENT.  (a)  The Council on Sex Offender Treatment is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who:
(1)  is licensed to provide mental health or medical services for the rehabilitation of sex offenders under Chapter 110, Occupations Code; or
(2)  has applied for a license or renewal of a license to provide mental health or medical services for the rehabilitation of sex offenders under Chapter 110, Occupations Code.
(b)  Criminal history record information obtained by the Interagency Council on Sex Offender Treatment under Subsection (a) 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 Interagency Council on Sex Offender Treatment shall destroy criminal history record information obtained under Subsection (a) not later than the first anniversary of the date the council makes a decision as to the person's eligibility for registration or the renewal of a registration.
Added by Acts 2003, 78th Leg., ch. 296, Sec. 9, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1089 (H.B. 2036), Sec. 30, 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 F. Criminal History Record Information › Section 411.1389. Access to Criminal History Record Information: Texas Civil Commitment Office

Sec. 411.1389.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  TEXAS CIVIL COMMITMENT OFFICE.  (a)  The Texas Civil Commitment Office is entitled to obtain from the department criminal history record information that is maintained by the department and that relates to a person who:
(1)  has applied with the office to be:
(A)  an employee of the office; or
(B)  a contracted service provider with the office; or
(2)  seeks the office's approval to act as a contact or chaperone for a person who is civilly committed as a sexually violent predator under Chapter 841, Health and Safety Code.
(b)  Criminal history record information obtained by the Texas Civil Commitment Office under Subsection (a) 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 Texas Civil Commitment Office shall destroy criminal history record information obtained under Subsection (a) as soon as practicable after the date on which, as applicable:
(1)  the person's employment or contract with the office terminates;
(2)  the office decides not to employ or contract with the person; or
(3)  the office determines whether the person is suitable as a contact or chaperone for a person who is civilly committed as a sexually violent predator under Chapter 841, Health and Safety Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1201 (S.B. 166), Sec. 1, eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 845 (S.B. 746), Sec. 34, eff. June 17, 2015.
Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 8, eff. September 1, 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 411.139. Access to Criminal History Record Information: State Securities Board

Sec. 411.139.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  STATE SECURITIES BOARD.  (a)  The securities 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 applicant for a certificate of registration under The Securities Act (Title 12, Government Code);
(2)  a holder of a certificate of registration under The Securities Act (Title 12, Government Code);
(3)  an applicant for employment by the State Securities Board; or
(4)  an employee of the State Securities Board.
(b)  Criminal history record information obtained by the securities commissioner under this section may not be released by 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, unless the information is entered into evidence by the State Securities Board or a court at an administrative proceeding or a civil or criminal action under The Securities Act (Title 12, Government Code).
Added by Acts 2001, 77th Leg., ch. 1091, Sec. 2.23, eff. Sept. 1, 2001.  Renumbered from Government Code Sec. 411.137 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(57), eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 10.14, eff. June 19, 2009.
Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 2.18, eff. January 1, 2022.
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 411.1391. Access to Criminal History Record Information: Texas Facilities Commission

Sec. 411.1391.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS FACILITIES COMMISSION. (a) The Texas Facilities Commission is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who:
(1)  is an employee or an applicant for employment with the commission;
(2)  is a consultant, intern, or volunteer for the commission or an applicant to serve as a consultant, intern, or volunteer;
(3)  proposes to enter into a contract with or has a contract with the commission to perform services for or supply goods to the commission; or
(4)  is an employee or subcontractor, or an applicant to be an employee or subcontractor, of a contractor that provides services to the commission.
(b)  Criminal history record information obtained by the Texas Facilities Commission under Subsection (a) may not be released or disclosed to any person except:
(1)  on court order; or
(2)  with the consent of the person who is the subject of the criminal history record information.
Added by Acts 2011, 82nd Leg., R.S., Ch. 541 (H.B. 2632), Sec. 1, eff. June 17, 2011.
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 411.140. Access to Criminal History Record Information: State Commission on Judicial Conduct

Sec. 411.140.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  STATE COMMISSION ON JUDICIAL CONDUCT.  (a)  The State Commission on Judicial Conduct is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is:
(1)  a judge who is the subject of an investigation or proceeding under Chapter 33;  or
(2)  the complainant or a witness in an investigation or a proceeding under Chapter 33.
(b)  Information received by the State Commission on Judicial Conduct is confidential and may be disseminated only in an investigation or proceeding conducted by the commission or with the consent of the person who is the subject of the criminal history record information.
(c)  The State Commission on Judicial Conduct shall destroy criminal history record information obtained under this section promptly after a final determination is made in the matter for which the information was obtained.
Added by Acts 2001, 77th Leg., ch. 917, Sec. 19, eff. Sept. 1, 2001.  Renumbered from Government Code Sec. 411.137 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(58), eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 10.15, eff. June 19, 2009.