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 411.1105. Access to Criminal History Record Information: Health and Human Services Commission

Sec. 411.1105.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: HEALTH AND HUMAN SERVICES COMMISSION.  (a)  The Health and Human Services Commission is entitled to obtain criminal history record information as provided by Subsections (a-1) and (b) that relates to a person who is:
(1)  an applicant for a chemical dependency counselor's license, a counselor intern's registration, or a clinical supervisor certification under Chapter 504, Occupations Code; or
(2)  the holder of a license, registration, or certification under that chapter.
(a-1)  Subject to Section 411.087 and consistent with the public policy of this state, the Health and Human Services 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)  In addition to information obtained from the Federal Bureau of Investigation under Subsection (a-1)(1) and Section 411.087, the Health and Human Services Commission is entitled to obtain information relating to the wanted persons status of an individual listed in Subsection (a).
(c)  The Health and Human Services 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) or (b).  Criminal history record information obtained by the Health and Human Services Commission under Subsection (a-1)(2) 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)  as provided by Subsection (d).
(d)  The Health and Human Services Commission may provide the applicant or licensee with a copy of the person's criminal history record information obtained from the Department of Public Safety or another law enforcement agency under Subsection (a-1)(2).
(e)  This section does not prohibit the Health and Human Services Commission from obtaining and using criminal history record information as provided by other law.
(f)  The Health and Human Services 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 1997, 75th Leg., ch. 18, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Sec. 411.132 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(33), eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.755, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1373 (S.B. 155), Sec. 23, eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 684 (S.B. 2200), Sec. 3, eff. June 10, 2019.
Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 28, eff. June 13, 2023.