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 E. -1. Order of Nondisclosure of Criminal History Record Information › Section 411.0745. Petition and Order

Sec. 411.0745.  PETITION AND ORDER.  (a)  A person who petitions the court for an order of nondisclosure of criminal history record information under this subchapter, when a petition is required, may file the petition in person, electronically, or by mail.
(b)  The petition must be accompanied by payment of a fee that generally applies to the filing of a civil case.
(c)  The Office of Court Administration of the Texas Judicial System shall prescribe a form for the filing of a petition electronically or by mail.  The form must provide for the petition to be accompanied by the required fees and any other supporting material determined necessary by the office of court administration, including evidence that the person is entitled to file the petition.
(d)  The office of court administration shall make available on its Internet website the electronic application and printable application form.  Each county or district clerk's office that maintains an Internet website shall include on that website a link to the electronic application and printable application form available on the office of court administration's Internet website.
(e)  On receipt of a petition under this section, the court shall provide notice to the state and an opportunity for a hearing on whether the person is entitled to file the petition and issuance of the order is in the best interest of justice.  The court shall hold a hearing before determining whether to issue an order of nondisclosure of criminal history record information, except that a hearing is not required if:
(1)  the state does not request a hearing on the issue before the 45th day after the date on which the state receives notice under this subsection; and
(2)  the court determines that:
(A)  the person is entitled to file the petition; and
(B)  the order is in the best interest of justice.
Transferred, redesignated and amended from Government Code, Section 411.081(f-1) by Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 7, eff. September 1, 2015.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 2.16, 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 E. -1. Order of Nondisclosure of Criminal History Record Information › Section 411.0755. Statement in Application for Employment, Information, or Licensing

Sec. 411.0755.  STATEMENT IN APPLICATION FOR EMPLOYMENT, INFORMATION, OR LICENSING.  A person whose criminal history record information is the subject of an order of nondisclosure of criminal history record information issued under this subchapter is not required in any application for employment, information, or licensing to state that the person has been the subject of any criminal proceeding related to the information that is the subject of the order.
Transferred, redesignated and amended from Government Code, Section 411.081(g-2) by Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 9, 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 E. -1. Order of Nondisclosure of Criminal History Record Information › Section 411.076. Disclosure by Court

Sec. 411.076.  DISCLOSURE BY COURT.  (a)  A court may not disclose to the public any information contained in the court records that is the subject of an order of nondisclosure of criminal history record information issued under this subchapter.  The court may disclose information contained in the court records that is the subject of an order of nondisclosure of criminal history record information only to:
(1)  criminal justice agencies for criminal justice or regulatory licensing purposes;
(2)  an agency or entity listed in Section 411.0765; or
(3)  the person who is the subject of the order.
(b)  The clerk of the court issuing an order of nondisclosure of criminal history record information under this subchapter shall seal any court records containing information that is the subject of the order as soon as practicable after the date the clerk of the court sends all relevant criminal history record information contained in the order or a copy of the order to the department under Section 411.075(a).
Transferred, redesignated and amended from Government Code, Section 411.081(g-3) by Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 10, 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 E. -1. Order of Nondisclosure of Criminal History Record Information › Section 411.077. Department of Public Safety Report

Sec. 411.077.  DEPARTMENT OF PUBLIC SAFETY REPORT.  (a)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 5.01(c)(16), eff. January 1, 2022.
(b)  The department shall submit a report to the legislature not later than December 1 of each even-numbered year that includes information on:
(1)  the number of petitions for nondisclosure of criminal history record information and orders of nondisclosure of criminal history record information received by the department in each of the previous two years;
(2)  the actions taken by the department with respect to the petitions and orders received;
(3)  the costs incurred by the department in taking those actions; and
(4)  the number of persons who are the subject of an order of nondisclosure of criminal history record information and who became the subject of criminal charges for an offense committed after the order was issued.
Transferred, redesignated and amended from Government Code, Section 411.081(h) by Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 12, eff. September 1, 2015.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 2.17, eff. January 1, 2022.
Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 5.01(c)(16), 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 E. -1. Order of Nondisclosure of Criminal History Record Information › Section 411.0775. Admissibility and Use of Certain Criminal History Record Information in Subsequent Criminal Proceeding

Sec. 411.0775.  ADMISSIBILITY AND USE OF CERTAIN CRIMINAL HISTORY RECORD INFORMATION IN SUBSEQUENT CRIMINAL PROCEEDING.  Notwithstanding any other law, criminal history record information that is related to a conviction and is the subject of an order of nondisclosure of criminal history record information under this subchapter may be:
(1)  admitted into evidence during the trial of any subsequent offense if the information is admissible under the Texas Rules of Evidence or another law; or
(2)  disclosed to a prosecuting attorney for a criminal justice purpose.
Added by Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 13, 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 411.082. Definitions

Sec. 411.082.  DEFINITIONS.  In this subchapter:
(1)  "Administration of criminal justice" has the meaning assigned by Article 66.001, Code of Criminal Procedure.
(1-a)  "Applicant" means an individual who submits an application for employment, licensure, certification, or registration that requires the department to conduct a background check using criminal history record information.
(1-b)  "Application" means an application submitted by hard copy or electronically for employment, licensure, certification, or registration that requires the department to conduct a background check using criminal history record information.
(2)  "Criminal history record information" means information collected about a person by a criminal justice agency that consists of identifiable descriptions and notations of arrests, detentions, indictments, informations, and other formal criminal charges and their dispositions.  The term does not include:
(A)  identification information, including fingerprint records, to the extent that the identification information does not indicate involvement of the person in the criminal justice system;  or
(B)  driving record information maintained by the department under Subchapter C, Chapter 521, Transportation Code.
(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 portion of its annual budget to the administration of criminal justice;  or
(B)  a nongovernmental railroad or campus police department that has obtained an originating agency identifier from the Federal Bureau of Investigation.
(4)  "Criminal justice purpose" means:
(A)  an activity that is included in the administration of criminal justice;  or
(B)  screening of applicants for employment with a criminal justice agency.
(5)  "Office of capital and forensic writs" means the office of capital and forensic writs established under Subchapter B, Chapter 78.
(6)  "Public defender's office" has the meaning assigned by Article 26.044(a), Code of Criminal Procedure.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.190, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1188 (S.B. 1044), Sec. 1, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1215 (S.B. 1743), Sec. 23, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 4.10, eff. January 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 11, 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 411.0835. Prohibition Against Dissemination to Certain Private Entities

Text of section effective until January 01, 2025
Sec. 411.0835.  PROHIBITION AGAINST DISSEMINATION TO CERTAIN PRIVATE ENTITIES.  If the department receives information indicating that a private entity that purchases criminal history record information from the department has been found by a court to have committed three or more violations of Section 552.1425 by compiling or disseminating information with respect to which an order of expunction has been issued under Article 55.02, Code of Criminal Procedure, or an order of nondisclosure of criminal history record information has been issued under Subchapter E-1, the department may not release any criminal history record information to that entity until the first anniversary of the date of the most recent violation.
Added by Acts 2007, 80th Leg., R.S., Ch. 1017 (H.B. 1303), Sec. 7, eff. September 1, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 22, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.087, eff. January 1, 2025.
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 411.0835. Prohibition Against Dissemination to Certain Private Entities

Text of section effective on January 01, 2025
Sec. 411.0835.  PROHIBITION AGAINST DISSEMINATION TO CERTAIN PRIVATE ENTITIES.  If the department receives information indicating that a private entity that purchases criminal history record information from the department has been found by a court to have committed three or more violations of Section 552.1425 by compiling or disseminating information with respect to which an order of expunction has been issued under Subchapter E or F, Chapter 55A, Code of Criminal Procedure, or an order of nondisclosure of criminal history record information has been issued under Subchapter E-1 of this chapter, the department may not release any criminal history record information to that entity until the first anniversary of the date of the most recent violation.
Added by Acts 2007, 80th Leg., R.S., Ch. 1017 (H.B. 1303), Sec. 7, eff. September 1, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 22, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.087, eff. January 1, 2025.
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 411.085. Unauthorized Obtaining, Use, or Disclosure of Criminal History Record Information; Penalty

Sec. 411.085.  UNAUTHORIZED OBTAINING, USE, OR DISCLOSURE OF CRIMINAL HISTORY RECORD INFORMATION;  PENALTY.
(a)  A person commits an offense if the person knowingly or intentionally:
(1)  obtains criminal history record information in an unauthorized manner, uses the information for an unauthorized purpose, or discloses the information to a person who is not entitled to the information; or
(2)  violates a rule of the department adopted under this subchapter.
(b)  An offense under Subsection (a) is a Class B misdemeanor, except as provided by Subsection (c).
(c)  An offense under Subsection (a) is a felony of the second degree if the person:
(1)  obtains, uses, or discloses criminal history record information for remuneration or for the promise of remuneration;  or
(2)  employs another person to obtain, use, or disclose criminal history record information for remuneration or for the promise of remuneration.
(d)  The department shall provide a copy of this section to:
(1)  each person who applies for access to criminal history record information maintained by the department; and
(2)  each private entity that purchases criminal history record information from the department.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1017 (H.B. 1303), Sec. 8, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 10.05, eff. June 19, 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 411.0851. Duty of Private Entity to Update Criminal History Record Information; Civil Liability

Sec. 411.0851.  DUTY OF PRIVATE ENTITY TO UPDATE CRIMINAL HISTORY RECORD INFORMATION; CIVIL LIABILITY.
Text of subsection effective until January 01, 2025
(a)  A private entity that compiles and disseminates for compensation criminal history record information shall destroy and may not disseminate any information in the possession of the entity with respect to which the entity has received notice that:
(1)  an order of expunction has been issued under Article 55.02, Code of Criminal Procedure; or
(2)  an order of nondisclosure of criminal history record information has been issued under Subchapter E-1.
Text of subsection effective on January 01, 2025
(a)  A private entity that compiles and disseminates for compensation criminal history record information shall destroy and may not disseminate any information in the possession of the entity with respect to which the entity has received notice that:
(1)  an order of expunction has been issued under Subchapter E or F, Chapter 55A, Code of Criminal Procedure; or
(2)  an order of nondisclosure of criminal history record information has been issued under Subchapter E-1 of this chapter.
(b)  Unless the entity is regulated by the federal Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.) or the Gramm-Leach-Bliley Act (15 U.S.C. Sections 6801 to 6809), a private entity described by Subsection (a) that purchases criminal history record information from the department or from another governmental agency or entity in this state:
(1)  may disseminate that information only if, within the 90-day period preceding the date of dissemination, the entity:
(A)  originally obtains that information; or
(B)  receives that information as updated record information to its database; and
(2)  shall notify the department if the entity sells any compilation of the information to another similar entity.
(c)  A private entity that disseminates information in violation of this section is liable for any damages that are sustained as a result of the violation by the person who is the subject of that information.  A person who prevails in an action brought under this section is also entitled to recover court costs and reasonable attorney's fees.
Added by Acts 2007, 80th Leg., R.S., Ch. 1017 (H.B. 1303), Sec. 7, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 780 (S.B. 1056), Sec. 2, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 731 (H.B. 961), Sec. 8, eff. June 17, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 23, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.088, eff. January 1, 2025.
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 411.086. Rules

Sec. 411.086.  RULES.  (a)  The department shall adopt rules to administer this subchapter.
(b)  Rules adopted by the department:
(1)  shall provide for a uniform method of requesting criminal history record information from the department;
(2)  may require a person requesting criminal history record information about an individual to submit to the department one or more of the following:
(A)  the complete name, race, and sex of the individual;
(B)  any known alias name of the individual;
(C)  a complete set of the individual's fingerprints;
(D)  a recent photograph of the individual;
(E)  any known identifying number of the individual, including social security number, FBI number, driver's license number, or state identification number;
(F)  the individual's date of birth;
(G)  any known alias dates of birth of the individual;  or
(H)  any other information the department determines is necessary to identify the individual or the record;
(3)  shall provide for the methods and formats for dissemination of criminal history record information;  and
(4)  shall provide security measures and policies that are designed to guard against unauthorized release or dissemination of criminal history record information that is maintained or disseminated by the department.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993.
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 411.0865. Contracts for Fingerprinting Services

Sec. 411.0865.  CONTRACTS FOR FINGERPRINTING SERVICES.  (a)  If the department enters into a contract with a vendor to provide fingerprinting services throughout this state for use in accessing criminal history record information, including a contract entered into under Section 2157.068, the department shall:
(1)  include in the contract a provision that:
(A)  requires notice to the public of a permanent closure of a location accessible to the public that provides fingerprinting services at least 45 days before the date on which the location closes;
(B)  requires a mobile unit to provide fingerprinting services in or as near as practicable to the area of a location accessible to the public that permanently closes until a replacement location is opened in that area at full capacity if the closure would cause the vendor to not meet contractual coverage requirements; and
(C)  allows the department to contract with a second vendor to provide fingerprinting services or to provide fingerprinting services by other means if the department determines that the original vendor has not fulfilled the contract in a reasonable manner; and
(2)  annually review and prepare a report on the services provided by the vendor under the contract that includes a determination on the vendor's ability to adequately address the need for fingerprinting services throughout this state based on:
(A)  the availability of fingerprinting appointments throughout this state, including any wait times for appointments at locations; and
(B)  a study of the miles required to travel throughout this state in order to receive fingerprinting services and whether there are short-term or chronic gaps in coverage in certain areas of this state.
(b)  The department shall provide the report prepared under Subsection (a)(2) to the governor and members of the legislature.
Added by Acts 2021, 87th Leg., R.S., Ch. 184 (S.B. 922), Sec. 1, eff. September 1, 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 411.088. Fees

Sec. 411.088.  FEES.  (a)  Except as otherwise provided by Subsection (a-1), the department may charge a person a fee for processing inquiries for criminal history record information.  The department may charge:
(1)  a fee of $10 for each inquiry for criminal history record information on a person that is processed only on the basis of the person's name, unless the inquiry is submitted electronically or by magnetic media, in which event the fee is $1;
(2)  a fee of $15 for each inquiry for criminal history record information on a person that is processed on the basis of a fingerprint comparison search; and
(3)  except as provided by Subsection (b), actual costs for processing all other information inquiries.
(a-1)  The department may not charge a fee under Subsection (a) for providing criminal history record information to:
(1)  a criminal justice agency;
(2)  the office of capital and forensic writs; or
(3)  a public defender's office.
(b)  The department may not charge for processing an electronic inquiry, made through the use of the Internet, for information described as public information under:
(1)  Section 411.1355; or
(2)  Article 62.005, Code of Criminal Procedure.
(c)  The fee a municipality pays under Subsection (a)(1) for an inquiry submitted electronically or by magnetic media may be used to allow the department to make the information available through electronic means under Section 411.129.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 165, Sec. 8, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 747, Sec. 1, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 791, Sec. 2, eff. June 18, 1999;  Acts 1999, 76th Leg., ch. 1024, Sec. 2, eff. June 18, 1999;  Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(40), eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 2.09, eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 1188 (S.B. 1044), Sec. 2, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1215 (S.B. 1743), Sec. 24, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 637 (H.B. 5202), Sec. 1, 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 411.089. Access to Criminal History Record Information: Criminal Justice Agency

Sec. 411.089.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  CRIMINAL JUSTICE AGENCY.  (a)  A criminal justice agency is entitled to obtain from the department any criminal history record information maintained by the department about a person.
(b)  Criminal history record information obtained under Subsection (a) may be released by the criminal justice agency:
(1)  to any other criminal justice agency, if such release is for a criminal justice purpose;  and
(2)  through audio response terminals and radio devices, whether digital or voice, if such dissemination is in accordance with rules promulgated by the department.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993.
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 411.091. Access to Criminal History Record Information: Texas Alcoholic Beverage Commission

Sec. 411.091.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  TEXAS ALCOHOLIC BEVERAGE COMMISSION.  (a)  The Texas Alcoholic Beverage Commission is entitled to obtain from the department criminal history record information maintained by the department that the commission believes is necessary for the enforcement or administration of the Alcoholic Beverage Code.
(b)  Criminal history record information obtained by the commission under Subsection (a)  may be used only for the enforcement and administration of the Alcoholic Beverage Code.
(c)  Repealed by Acts 2001, 77th Leg., ch. 1420, Sec. 14.753, eff. Sept. 1, 2001.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(28), eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 1420, Sec. 14.752, 14.753, eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 9.001, 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 411.0915. Access to Criminal History Record Information of Political Subdivisions: Texas Alcoholic Beverage Commission

Sec. 411.0915.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION OF POLITICAL SUBDIVISIONS:  TEXAS ALCOHOLIC BEVERAGE COMMISSION.  The commission is entitled to receive criminal history record information, without charge, from any political subdivision of this state.  Information obtained may only be used by the commission for the enforcement of the Alcoholic Beverage Code.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993.
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 411.092. Access to Criminal History Record Information: Banking Commissioner

Sec. 411.092.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  BANKING COMMISSIONER.  (a)  The banking 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 license, charter, or other authority granted or issued by the banking commissioner under:
(A)  Subtitle A, F, or G, Title 3, Finance Code;
(B)  Chapter 151 or 154, Finance Code; or
(C)  Chapter 712, Health and Safety Code;
(2)  a principal of an applicant under Subdivision (1);
(3)  an employee of or applicant for employment or volunteer with the Texas Department of Banking; or
(4)  a contractor or subcontractor of the Texas Department of Banking.
(b)  Criminal history record information obtained by the commissioner under Subsection (a), except on court order or as provided by Subsection (c), may not be released or disclosed to any person.
(c)  The commissioner is not prohibited from disclosing to the individual who is the subject of the information the dates and places of arrests, the offenses, and the dispositions in the criminal history record information.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 194, Sec. 1, eff. May 23, 1995;  Acts 1999, 76th Leg., ch. 62, Sec. 7.59, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 35 (S.B. 192), 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 411.094. Access to Criminal History Record Information: Higher Education Entities; Security-Sensitive Position

Sec. 411.094.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  HIGHER EDUCATION ENTITIES; SECURITY-SENSITIVE POSITION.  (a)  In this section:
(1)  "Institution of higher education":
(A)  has the meaning assigned by Section 61.003, Education Code;  or
(B)  means a private institution of higher education that is accredited by the Commission on Colleges of the Southern Association of Colleges and Schools.
(2)  "Security-sensitive position" means an employment position held by an employee who:
(A)  handles currency;
(B)  has access to a computer terminal;
(C)  has access to the personal information or identifying information of another person;
(D)  has access to the financial information of the employer or another person;
(E)  has access to a master key; or
(F)  works in a location designated as a security-sensitive area.
(b)  The Texas Higher Education Coordinating Board and each institution of higher education are 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 security-sensitive position at the coordinating board or institution, as applicable.
(c)  Criminal history record information obtained under Subsection (b) may be used only for the purpose of evaluating applicants for employment in security-sensitive positions.
(d)  Criminal history record information received 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 criminal history record information.
(e)  All criminal history record information obtained about an individual under Subsection (b) shall be destroyed by the coordinating board or by the chief of police of the institution of higher education, as applicable, as soon as practicable after the individual becomes employed in a security-sensitive position and after the expiration of any probationary term of employment or, if the individual is not hired for a security-sensitive position, after the information is used for its authorized purpose.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 296, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 10.06, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 340 (H.B. 2937), Sec. 1, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 340 (H.B. 2937), Sec. 2, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 340 (H.B. 2937), Sec. 3, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1148 (S.B. 146), Sec. 1, 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 411.0945. Access to Criminal History Record Information: Public Institution of Higher Education; On-Campus Student Housing

Sec. 411.0945.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  PUBLIC INSTITUTION OF HIGHER EDUCATION; ON-CAMPUS STUDENT HOUSING.  (a)  In this section, "institution of higher education" has the meaning assigned by Section 61.003, Education Code.
(b)  An institution of higher education is entitled to obtain from the department criminal history record information maintained by the department that relates to a student, or to an applicant for admission as a student, who applies to reside in on-campus housing at the institution.
(c)  Criminal history record information obtained by an institution of higher education under Subsection (b) may be used by the chief of police of the institution or by the institution's housing office only for the purpose of evaluating current students or applicants for enrollment who apply to reside in on-campus housing at the institution.  The institution shall notify a student who is the subject of the criminal history record information of any use of the information to deny the student the opportunity to reside in on-campus housing at the institution.
(d)  Criminal history record information received by an institution of higher education 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 criminal history record information.
(e)  As soon as practicable after the beginning of the academic period for which the person's housing application was submitted, all criminal history record information obtained about a person under Subsection (b), including any copy of the content of that information held by the institution, shall be destroyed by the chief of police of the institution of higher education or by the institution's housing office, as applicable.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1148 (S.B. 146), 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 411.095. Access to Criminal History Record Information: Consumer Credit Commissioner

Sec. 411.095.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: CONSUMER CREDIT COMMISSIONER.  (a)  The consumer credit commissioner is entitled to obtain criminal history record information as provided by Subsection (a-1) that relates to a person who is:
(1)  an applicant for or holder of a license or registration under Chapter 180, 342, 347, 348, 351, 353, 371, 393, or 394, Finance Code;
(2)  an employee of or volunteer with the Office of Consumer Credit Commissioner;
(3)  an applicant for employment with the Office of Consumer Credit Commissioner;
(4)  a contractor or subcontractor of the Office of Consumer Credit Commissioner; or
(5)  an officer, director, owner, or employee of a person described by Subdivision (1) or another person having a substantial relationship with that person under Chapter 180, 342, 347, 348, 351, 353, 371, 393, or 394, Finance Code.
(a-1)  Subject to Section 411.087 and consistent with the public policy of this state, the consumer credit commissioner 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).
(b)  The consumer credit commissioner 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 consumer credit commissioner may not release or disclose criminal history record information obtained under Subsection (a-1)(2) except:
(1)   on court order;
(2)  to the person who is the subject of the criminal history record information;
(3)  with the consent of the person who is the subject of the criminal history record information; or
(4)  in a hearing where the Office of Consumer Credit Commissioner is a party.
(c)  The consumer credit commissioner shall destroy criminal history record information that is obtained under this section after the information is used for its authorized purpose.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.60, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1235, Sec. 24, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 296, Sec. 13(1), eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1104 (H.B. 10), Sec. 20, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 117 (H.B. 2559), Sec. 18, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 256 (S.B. 1075), Sec. 1, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 17, 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 411.096. Access to Criminal History Record Information: Texas Racing Commission

Sec. 411.096.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS RACING COMMISSION.  (a)  The Texas Racing Commission is entitled to obtain as provided by Subsection (a-1) criminal history record information that relates to:
(1)  a person who:
(A)  is an applicant for or the holder of a license or certificate under Chapter 2025, Occupations Code;
(B)  is an owner or manager of an applicant or license holder described by Paragraph (A); or
(C)  has an interest described under Chapter 2025, Occupations Code, in an entity described by that chapter;
(2)  an applicant for employment at or current employee of:
(A)  the Texas Racing Commission; or
(B)  a place of employment within the racing industry of this state; or
(3)  an applicant for employment at, current employee of, or person who contracts or may contract to provide goods or services with the Texas Racing Commission.
(a-1)  Subject to Section 411.087 and consistent with the public policy of this state, the Texas Racing 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 (a); and
(2)  obtain from the department or any other criminal justice agency in this state criminal history record information maintained by the department or that criminal justice agency that relates to a person described by Subsection (a).
(b)  The Texas Racing Commission may not release or disclose to any person criminal history record information obtained from the Federal Bureau of Investigation under Subsection (a-1)(1).  Criminal history record information obtained by the Texas Racing Commission under Subsection (a-1)(2) may not be released or disclosed to any person except on court order, with the written consent of the person who is the subject of the criminal history record information, or as provided by Subsection (c).
(c)  The Texas Racing Commission is not prohibited from disclosing criminal history record information obtained under Subsection (a-1)(2) in a criminal proceeding or in a hearing conducted by the Texas Racing Commission or the State Office of Administrative Hearings.
(d)  The Texas Racing 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 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 2.04, eff. April 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 18, 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 411.0971. Access to Criminal History Record Information: Teacher Retirement System of Texas

Sec. 411.0971.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  TEACHER RETIREMENT SYSTEM OF TEXAS.  (a)  The Teacher 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:
(1)  is an employee or an applicant for employment with the retirement system;
(2)  is a consultant, contract employee, independent contractor, intern, or volunteer for the retirement system or an applicant to serve in one of those positions;
(3)  proposes to enter into a contract with or has a contract with the retirement system to perform services for or supply goods to the retirement system; or
(4)  is an employee or subcontractor, or an applicant to be an employee or subcontractor, of a contractor that provides services to the retirement system.
(b)  Criminal history record information obtained by the Teacher Retirement System of Texas under Subsection (a) may not be released or disclosed to any person except:
(1)  on court order;
(2)  with the consent of the person who is the subject of the criminal history record information; or
(3)  to a federal agency as required by federal law or executive order.
(c)  The Teacher Retirement System of Texas shall destroy criminal history record information obtained under this section after the information is used for the purposes authorized by this section.
(d)  The Teacher Retirement System of Texas may provide a copy of the criminal history record information obtained from the department, the Federal Bureau of Investigation Criminal Justice Information Services Division, or other law enforcement agency to the individual who is the subject of the information.
(e)  The failure or refusal of an employee or applicant to provide the following on request constitutes good cause for dismissal or refusal to hire:
(1)  a complete set of fingerprints;
(2)  a true and complete name; or
(3)  other information necessary for a law enforcement entity to obtain criminal history record information.
Added by Acts 2011, 82nd Leg., R.S., Ch. 455 (S.B. 1667), Sec. 2, 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 411.0972. Access to Criminal History Record Information: Qualified Private Schools

Sec. 411.0972.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: QUALIFIED PRIVATE SCHOOLS. (a) In this section, "qualified private school" means a school that:
(1)  offers a course of instruction for students in this state in one or more grades from prekindergarten through grade 12;
(2)  is accredited by an organization recognized by the Texas Education Agency or the Texas Private School Accreditation Commission; and
(3)  is determined to be eligible by the department under Subsection (b).
(b)  On request by a private school, the department shall determine whether the school is eligible under the National Child Protection Act of 1993 (34 U.S.C. Section 40102) to obtain criminal history record information that relates to an employee or an applicant for employment.
(c)  A qualified private school may obtain state criminal history record information from the department.
(d)  Except as provided by Subsection (f), criminal history record information obtained by a qualified private school in the original form or any subsequent form:
(1)  may not be released to any person except the person who is the subject of the information;
(2)  is not subject to disclosure as provided by Chapter 552; and
(3)  shall be destroyed by the school after the information is used for the authorized purpose.
(e)  A qualified private school may obtain criminal history record information from the Federal Bureau of Investigation identification division in accordance with Section 411.087.
(f)  Criminal history record information obtained from the Federal Bureau of Investigation may not be released or disclosed except on court order.
Added by Acts 2023, 88th Leg., R.S., Ch. 1105 (S.B. 1471), Sec. 3, eff. June 18, 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 411.098. Access to Criminal History Record Information: Texas School for the Blind and Visually Impaired

Sec. 411.098.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  TEXAS SCHOOL FOR THE BLIND AND VISUALLY IMPAIRED.  (a)  The Texas School for the Blind and Visually Impaired is entitled to obtain criminal history record information maintained by the Department of Public Safety, the Federal Bureau of Investigation identification division, or another law enforcement agency which relates to school employees, professional consultants, applicants for permanent, temporary, or consultative employment, student teachers, educational interns, persons who perform ongoing educational projects at the school, and volunteer positions whose employment or potential employment or volunteer positions with the school involves direct interactions with, or the opportunity to interact and associate with, the children or youth attending the school.
(b)  Criminal history record information obtained by the school under Subsection (a) may not be released or disclosed to any person except on court order, with the consent of the person who is the subject of the criminal history record information, or as provided by Subsection (d).
(c)  The school shall destroy criminal history record information that relates to a person after the information is used for its authorized purpose.
(d)  The school may provide the applicant, employee, professional consultant, volunteer, student teacher, educational intern, or person who performs ongoing educational projects at the school with a copy of respective criminal history record information obtained from the Department of Public Safety, the Federal Bureau of Investigation identification division, or another law enforcement agency.
(e)  The failure or refusal to provide a complete set of fingerprints or a complete name on request constitutes good cause for dismissal or refusal to hire or accept for placement, as applicable, with regard to school employees, professional consultants, applicants for permanent, temporary, or consultative employment, student teachers, educational interns, persons who perform ongoing educational projects at the school, or volunteer positions whose employment or potential employment or volunteer position with the school involves direct interactions with, or the opportunity to interact and associate with, the children or youth attending the school.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1341, Sec. 6, 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 411.099. Access to Criminal History Record Information: Texas State Board of Medical Examiners

Sec. 411.099.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  TEXAS STATE BOARD OF MEDICAL EXAMINERS.  The Texas State Board of Medical Examiners 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 license under Subtitle B, Title 3, Occupations Code;  or
(2)  the holder of a license under that subtitle.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.754, eff. Sept. 1, 2001.