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 411.0995. Access to Criminal History Record Information: State Board of Veterinary Medical Examiners

Sec. 411.0995.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: STATE BOARD OF VETERINARY MEDICAL EXAMINERS.  (a)  The State Board of Veterinary Medical Examiners is entitled to obtain criminal history record information as provided by Subsection (b) that relates to a license under Chapter 801, Occupations Code, for a person who is:
(1)  an applicant for:
(A)  a license, temporary license, or special license to practice veterinary medicine;
(B)  a veterinary technician license; or
(C)  an equine dental provider license; or
(2)  a holder of a license described by Subdivision (1)(A), (B), or (C).
(b)  Subject to Section 411.087 and consistent with the public policy of this state, the State Board of Veterinary Medical Examiners 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 State Board of Veterinary Medical Examiners 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 State Board of Veterinary Medical Examiners 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 State Board of Veterinary Medical Examiners 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 State Board of Veterinary Medical Examiners.
(e)  The State Board of Veterinary Medical Examiners shall destroy criminal history record information that is obtained under this section after the information is used for its authorized purpose.
Added by Acts 2011, 82nd Leg., R.S., Ch. 940 (H.B. 414), Sec. 28, eff. September 1, 2011.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 20, 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 411.100. Access to Criminal History Record Information: Board of Law Examiners and State Bar of Texas

Sec. 411.100.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  BOARD OF LAW EXAMINERS AND STATE BAR OF TEXAS.  (a)  The Board of Law Examiners is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is an applicant to take a bar examination.
(a-1)  The State Bar of Texas is entitled to obtain:
(1)  from the department, criminal history record information maintained by the department that relates to a person who is a member of the state bar; or
(2)  from the Board of Law Examiners, criminal history record information obtained under Subsection (a).
(b)  Criminal history record information obtained under Subsection (a) or (a-1) may not be released or disclosed to any person, except on court order or with consent of the applicant.
(c)  Immediately following the decision of the Board of Law Examiners on recommending an applicant, the board shall collect and make accessible to the State Bar of Texas all criminal history record information obtained by the board that relates to that applicant.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 531 (S.B. 302), Sec. 12, 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 411.1005. Access to Criminal History Record Information: State Bar of Texas

Sec. 411.1005.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  STATE BAR OF TEXAS.  (a)  The chief disciplinary counsel of the State Bar of Texas is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is:
(1)  licensed by the state bar;
(2)  the subject of or involved in an investigation of:
(A)  professional misconduct relating to a grievance filed under the disciplinary rules of the state bar; or
(B)  barratry, the unauthorized practice of law, or falsely holding oneself out as a lawyer, in violation of Section 38.12, 38.122, or 38.123, Penal Code;
(3)  a witness in any disciplinary action or proceeding conducted by the state bar, the Board of Disciplinary Appeals, or any court; or
(4)  an applicant for reinstatement to practice law.
(b)  Information received by the state bar is confidential and may be disseminated only:
(1)  in a disciplinary action or proceeding conducted by the state bar, the Board of Disciplinary Appeals, or any court; or
(2)  with the consent of the person who is the subject of the criminal history record information.
(c)  The state bar 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 1997, 75th Leg., ch. 440, Sec. 1, eff. May 29, 1997.  Renumbered from Sec. 411.135 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(39), eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 10.08, eff. June 19, 2009.
Acts 2017, 85th Leg., R.S., Ch. 531 (S.B. 302), Sec. 13, 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 411.102. Access to Criminal History Record Information: Mcgruff House Program

Sec. 411.102.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  MCGRUFF HOUSE PROGRAM.  (a)  In this section:
(1)  "McGruff House" means a house that has been designated as a temporary haven for school-age children by a McGruff House program.
(2)  "McGruff House program" means a program organized by local law enforcement agencies and civic organizations to provide a temporary haven and sense of security to school-age children in emergency or threatening situations.
(b)  A local law enforcement agency involved in establishing a McGruff House program is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is an adult residing in a McGruff House.
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 411.103. Access to Criminal History Record Information: Child Watch Program

Sec. 411.103.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  CHILD WATCH PROGRAM.  (a)  In this section, "child watch program" means a program organized by a local civic organization with the cooperation of a school district to protect schoolchildren by having parents or volunteers patrol their residential neighborhoods and schools to watch for suspicious activity, dangers, and threats to children.
(b)  A local law enforcement agency that participates in a child watch program is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who:
(1)  is a participant in the program;  and
(2)  gives written consent to the disclosure of the information.
(c)  Criminal history record information obtained by a law enforcement agency under Subsection (b) may not be released or disclosed except on court order or with the consent of the person who is the subject of the criminal history record information.
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 411.104. Access to Criminal History Record Information: Texas Workforce Commission; Security Sensitive Positions

Sec. 411.104.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  TEXAS WORKFORCE COMMISSION; SECURITY SENSITIVE POSITIONS.  (a)  In this section, "security sensitive position" has the meaning assigned by Section 301.042(c), Labor Code.
(b)  The Texas Workforce Commission is 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.
(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 written consent of the person who is the subject of the criminal history record information.
(d)  After the commission hires an applicant for a security sensitive position, the commission shall seal the criminal history record information that relates to the applicant and deliver the information to the agency administrator or the administrator's designee, who shall destroy the information.
(e)  The commission shall destroy the criminal history record information of an applicant who is not hired.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.59, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 296, Sec. 4, 5, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 3, 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 411.1041. Access to Criminal History Record Information: Texas Workforce Commission; Vocational Rehabilitation and Other Services

Sec. 411.1041.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  TEXAS WORKFORCE COMMISSION; VOCATIONAL REHABILITATION AND OTHER SERVICES.  (a)  The Texas Workforce Commission, in connection with the administration of vocational rehabilitation services and other services and programs under Subtitle C, Title 4, Labor 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 selected for employment with the commission whose potential duties include direct contact with clients to provide those services;
(2)  an applicant for those services from the commission; or
(3)  a client receiving those services from the commission.
(b)  Criminal history record information obtained by the commission under Subsection (a) may not be released or disclosed to any person except on court order or with the written consent of the person who is the subject of the criminal history record information.
Added by Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 4, eff. September 1, 2016.
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 411.105. Access to Criminal History Record Information: Texas State Board of Public Accountancy

Sec. 411.105.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY.  (a)  The Texas State Board of Public Accountancy is entitled to obtain criminal history record information as provided by Subsection (b) that relates to:
(1)  an applicant for a license or certification as a certified public accountant under Chapter 901, Occupations Code;
(2)  an applicant to take the uniform certified public accountant examination under Chapter 901, Occupations Code;
(3)  an applicant for reinstatement of a license or certificate under Chapter 901, Occupations Code;
(4)  an applicant for a license or certification renewal under Chapter 901, Occupations Code; or
(5)  an owner or an individual who seeks to become an owner of a certified public accountancy firm if the owner or prospective owner is not a license holder under Chapter 901, Occupations Code.
(b)  Subject to Section 411.087 of this code and Section 901.169, Occupations Code, and consistent with the public policy of this state, the Texas State Board of Public Accountancy 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 Public Accountancy 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 board 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 board is not prohibited from disclosing criminal history record information obtained under Subsection (b)(2) in a criminal proceeding or in a hearing conducted by or on behalf of the board.
(e)  The board 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 2003, 78th Leg., ch. 296, Sec. 6, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 9.002, eff. September 1, 2013.
Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 21, 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 411.106. Access to Criminal History Record Information: Texas Department of Insurance

Sec. 411.106.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS DEPARTMENT OF INSURANCE.  (a)  The Texas Department of Insurance 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 a license, permit, certificate of authority, certificate of registration, or other authorization issued by the Texas Department of Insurance to engage in an activity regulated under the Insurance Code; or
(2)  a corporate officer or director of an insurance company regulated by the Texas Department of Insurance.
(a-1)  Subject to Section 411.087 and consistent with the public policy of this state, the Texas Department of Insurance 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 Department of Insurance 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 Department of Insurance under Subsection (a-1)(2) may not be disclosed or released 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 (b-1).
(b-1)  The Texas Department of Insurance 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 Department of Insurance.
(c)  The Texas Department of Insurance 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 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 22, 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 411.107. Access to Criminal History Record Information: Receiver

Sec. 411.107.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: RECEIVER.  (a)  In this section, "receiver" has the meaning assigned by Section 443.004, Insurance Code.
(b)  A receiver is entitled to obtain criminal history record information as provided by Subsection (b-1) that relates to a person:
(1)  who is a creditor or claimant of the receivership estate; or
(2)  against whom the receivership estate has a claim.
(b-1)  A receiver is entitled to obtain from the department or any other criminal justice agency in this state criminal history record information maintained by the department or that criminal justice agency that relates to a person described by Subsection (b).
(c)  Criminal history record information obtained by a receiver under Subsection (b-1) may not be released or disclosed to any person except on court order or with the written consent of the person who is the subject of the criminal history record information.
(d)  A receiver shall destroy criminal history record information obtained by the receiver under this section after the purpose for which the information was obtained is accomplished.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 23, 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 411.11061. Access to Criminal History Record Information: Certain Medicaid Providers

Sec. 411.11061.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: CERTAIN MEDICAID PROVIDERS.  (a)  In this section, "residential caregiver" has the meaning assigned by Section 531.02485.
(b)  A Medicaid provider that provides community-based residential care services to Medicaid recipients through a group home or other residential facility licensed by or operated under the authority of the Health and Human Services Commission is entitled to obtain from the department criminal history record information maintained by the department that relates to an individual who is an applicant for employment or seeking a contract position with the provider as a residential caregiver or who is employed or contracted by the provider as a residential caregiver.
Added by Acts 2023, 88th Leg., R.S., Ch. 674 (H.B. 1009), Sec. 1, eff. September 1, 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 411.111. Access to Criminal History Record Information: District Court; Name Changes

Sec. 411.111.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  DISTRICT COURT;  NAME CHANGES.  A district court is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is:
(1)  an adult;  and
(2)  has petitioned the court to order a change of name for the person.
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 411.112. Access to Criminal History Record Information: Texas Commission on Law Enforcement

Sec. 411.112.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  TEXAS COMMISSION ON LAW ENFORCEMENT.  The Texas Commission on Law Enforcement 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 Chapter 1701, Occupations Code; or
(2)  the holder of a license under that chapter.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 9.0045, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.23, eff. May 18, 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 411.113. Access to Criminal History Record Information: Texas School for the Deaf

Sec. 411.113.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  TEXAS SCHOOL FOR THE DEAF.  (a)  The Texas School for the Deaf 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 the 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. 1340, Sec. 7, 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 411.1131. Access to Criminal History Record Information: Health and Human Services Commission

Sec. 411.1131.  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 Subsection (a-1) that relates to a person who is an applicant for a staff position at an outdoor training program for children who are deaf or hard of hearing conducted by a private entity through a contract with the Health and Human Services Commission in accordance with Section 81.013, Human Resources Code.
(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)  Criminal history record information obtained by the Health and Human Services Commission under Subsection (a-1) may be used only to evaluate an applicant for a staff position at an outdoor training program for children who are deaf or hard of hearing.  The Health and Human Services Commission may release or disclose the information obtained under Subsection (a-1)(2) to a private entity described by Subsection (a) for that purpose.
(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).  The Health and Human Services Commission may not release or disclose information obtained under Subsection (a-1)(2), except as described by Subsection (b), on court order, or with the consent of the person who is the subject of the criminal history record information.
(d)  The Health and Human Services Commission shall destroy criminal history record information obtained under Subsection (a-1) after the information is used for its authorized purpose.
(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.
Added by Acts 2003, 78th Leg., ch. 118, Sec. 13, eff. May 23, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 10.09, eff. June 19, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.003, eff. April 2, 2015.
Acts 2019, 86th Leg., R.S., Ch. 684 (S.B. 2200), Sec. 4, eff. June 10, 2019.
Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 30, 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 411.1145. Access to Criminal History Record Information: State Preservation Board

Sec. 411.1145.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  STATE PRESERVATION BOARD.  (a)  The State Preservation Board is entitled to obtain criminal history record information maintained by the department that relates to a person who is an employee, volunteer, or intern, or an applicant to be an employee, volunteer, or intern, in a position that involves:
(1)  handling money or checks;
(2)  working in the Capitol or another area designated by the executive director as security sensitive;  or
(3)  direct contact with persons under 18 years of age.
(b)  Criminal history record information obtained by the board 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 information.
Added by Acts 2001, 77th Leg., ch. 1462, Sec. 8, eff. June 17, 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 411.1146. Access to Criminal History Record Information: Department of Agriculture

Sec. 411.1146.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  DEPARTMENT OF AGRICULTURE.  (a)  The Department of Agriculture is entitled to obtain criminal history record information maintained by the Department of Public Safety that relates to a person who is a principal of a nongovernmental entity that is a participant in or applicant for participation in the Child and Adult Care Food Program as provided by Section 33.0271(e), Human Resources Code.
(b)  Criminal history record information obtained by the Department of Agriculture under this section may not be released or disclosed to any person except in a criminal proceeding, in an administrative proceeding, on court order, or with the consent of the person who is the subject of the information.
Added by Acts 2011, 82nd Leg., R.S., Ch. 870 (S.B. 77), Sec. 1, 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 411.1147. Access to Criminal History Record Information: Texas Historical Commission

Sec. 411.1147.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  TEXAS HISTORICAL COMMISSION.  (a)  The Texas Historical Commission is entitled to obtain criminal history record information maintained by the department or the identification division of the Federal Bureau of Investigation that relates to a person who is:
(1)  an employee, volunteer, or intern;
(2)  an applicant to be an employee, volunteer, or intern; or
(3)  a contractor or subcontractor for the commission.
(b)  Criminal history record information obtained by the Texas Historical Commission 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 information.
(c)  The Texas Historical Commission shall collect and destroy criminal history record information that relates to a person immediately after the commission uses the information to make an employment or other decision related to the person or take a personnel action relating to the person who is the subject of the criminal history record information.
(d)  The Texas Historical Commission may not obtain criminal history record information under this section unless the commission first adopts policies and procedures that provide that evidence of a criminal conviction or other relevant information obtained from the criminal history record information does not automatically disqualify an individual from obtaining employment or another position or contract with the commission.  The policies and procedures developed under this section must provide that the hiring official will determine whether the individual is qualified for employment based on factors including:
(1)  the specific duties of the position;
(2)  the number of offenses committed by the individual;
(3)  the nature and seriousness of each offense;
(4)  the length of time between the offense and the employment decision;
(5)  the efforts by the individual at rehabilitation; and
(6)  the accuracy of the information on the individual's employment application.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1245 (S.B. 1518), Sec. 1, eff. June 17, 2011.
Redesignated from Government Code, Section 411.1146 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(20), 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 411.116. Access to Criminal History Record Information: Organization Providing Certain Nurse Aides

Sec. 411.116.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  ORGANIZATION PROVIDING CERTAIN NURSE AIDES.  (a)  In this section:
(1)  "Facility" has the meaning assigned by Section 106.001, Human Resources Code.
(2)  "Nurse aide" has the meaning assigned by Chapter 106, Human Resources Code.
(3)  "Organization that provides temporary nurse aides" includes a temporary employment service, nursing pool, private duty nurse service, or sitter service.
(b)  An organization that provides temporary nurse aides to 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)  a nurse aide;  and
(2)  a candidate for referral by the organization to a facility.
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 411.1161. Access to Criminal History Record Information: Health and Human Services Commission and Nurse Aide Certification, Medication Aide Permit, and Nursing Facility Administrator License

Sec. 411.1161.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: HEALTH AND HUMAN SERVICES COMMISSION AND NURSE AIDE CERTIFICATION, MEDICATION AIDE PERMIT, AND NURSING FACILITY ADMINISTRATOR LICENSE.  (a)  The Health and Human Services Commission is entitled to obtain criminal history record information as provided by Subsection (b) that relates to a person who is an initial or renewal applicant for:
(1)  a nurse aide certification with inclusion in the nurse aide registry established under Chapter 250, Health and Safety Code;
(2)  a medication aide permit issued under Chapter 142, Health and Safety Code; or
(3)  a nursing facility administrator license issued under Chapter 242, Health and Safety Code.
(b)  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).
(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 (b)(1).  Criminal history record information obtained by the Health and Human Services Commission under Subsection (b)(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;
(3)  for purposes of an administrative hearing held by the Health and Human Services Commission concerning the person who is the subject of the criminal history record information; or
(4)  as provided by Subsection (d).
(d)  The Health and Human Services Commission is not prohibited from releasing criminal history record information obtained under Subsection (b)(2) to the person who is the subject of the criminal history record information.
(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 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 37, 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 411.117. Access to Criminal History Record Information: Health and Human Services Commission and Texas Workforce Commission

Sec. 411.117.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  HEALTH AND HUMAN SERVICES COMMISSION AND TEXAS WORKFORCE COMMISSION.  The Health and Human Services Commission and the Texas Workforce Commission are 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 services of the Health and Human Services Commission or the Texas Workforce Commission, as applicable;
(2)  a client of the Health and Human Services Commission or the Texas Workforce Commission, as applicable; or
(3)  an applicant for employment whose potential duties include direct contact with clients of the Health and Human Services Commission or the Texas Workforce Commission, as applicable.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 393, Sec. 25, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 391 (S.B. 128), Sec. 1, eff. June 14, 2013.
Acts 2019, 86th Leg., R.S., Ch. 684 (S.B. 2200), Sec. 10, eff. June 10, 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 411.118. Access to Criminal History Record Information: Employer at Residential Dwelling Project

Sec. 411.118.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  EMPLOYER AT RESIDENTIAL DWELLING PROJECT.  (a)  In this section, "employer," "employee," "occupant," and "residential dwelling project" have the meanings assigned by Section 765.001, Health and Safety Code.
(b)  An employer is entitled to obtain from the department criminal history record information maintained by the department that pertains to a person who:
(1)  is an applicant for a position of employment in a residential dwelling project to whom an offer of employment is made;  and
(2)  may be reasonably required to have access to the residence of an occupant.
(c)  Repealed by Acts 2003, 78th Leg., ch. 296, Sec. 13(3).
(d)  Criminal history record information obtained under Subsection (b) may not be released or disclosed to any person except on court order or with the written consent of the person who is the subject of the criminal history record information.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 572, Sec. 2, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 296, Sec. 13(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 411.1181. Access to Criminal History Record Information; Applicants for Employment

Sec. 411.1181.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION;  APPLICANTS FOR EMPLOYMENT.  (a)  In this section, "in-home service company" and "residential delivery company" have the meanings assigned by Section 145.001, Civil Practice and Remedies Code.
(b)  An in-home service company or residential delivery company is entitled to obtain from the Department of Public Safety criminal history record information maintained by the department that relates to:
(1)  an officer of or person employed by the company whose job duties require entry into another person's residence; or
(2)  an applicant to whom an offer of employment is made for a position of employment with the company, the job duties of which require entry into another person's residence.
(c)  Criminal history record information obtained by an in-home service company or residential delivery company under Subsection (b) may not be released or disclosed to any person except on court order, upon proper discovery request during litigation or with the consent of the person who is the subject of the criminal history record information.
(d)  The in-home service company or residential delivery company shall destroy criminal history record information that relates to a person no sooner than two years after the person's office or employment with the company ends or the company determines not to employ the person, as applicable.
Added by Acts 2003, 78th Leg., ch. 228, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 751 (S.B. 627), Sec. 5, eff. September 1, 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 411.1182. Access to Criminal History Record Information: Commercial Nuclear Power Plant Licensees

Sec. 411.1182.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  COMMERCIAL NUCLEAR POWER PLANT LICENSEES.  (a)  A commercial nuclear power plant licensee and its contractors, for security reasons and consistent with requirements of the United States Nuclear Regulatory Commission, are entitled to obtain from the department criminal history record information maintained by the department that relates to a person who has or is seeking employment at or access to the commercial nuclear power plant.
(b)  The department shall place a high priority on requests under Subsection (a) and respond as expeditiously as possible;  in no event shall the department respond later than two business days after the date the request is received by the department.
(c)  Criminal history information obtained from the department may not be released or disclosed except:
(1)  as needed in protecting the security of a commercial nuclear power plant;
(2)  as authorized by the United States Nuclear Regulatory Commission, a court order, or a federal or state law or order;  or
(3)  with the consent of the person who is the subject of the criminal history record information.
Added by Acts 2003, 78th Leg., ch. 1237, Sec. 3, eff. June 20, 2003.
Renumbered from Government Code, Section 411.1181 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(29), eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 10.10, 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 411.1183. Access to Criminal History Record Information: Independent Organization Certified Under Utilities Code

Sec. 411.1183.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  INDEPENDENT ORGANIZATION CERTIFIED UNDER UTILITIES CODE.  (a)  An independent organization certified under Section 39.151, Utilities Code, for security reasons is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who has or is seeking employment at or access to the independent organization's systems that affect the security of the electric grid or any other background information maintained by the department that relates to the person that is considered necessary by the independent organization or required by the Public Utility Commission.
(b)  Information obtained from the department under this section may not be released or disclosed except:
(1)  as needed in protecting the security of the electric grid;
(2)  as authorized by a court order or a federal or state law or order; or
(3)  with the consent of the person who is the subject of the criminal history record information.
Added by Acts 2023, 88th Leg., R.S., Ch. 464 (S.B. 2013), Sec. 2, eff. June 9, 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 411.121. Access to Criminal History Record Information: Adjutant General

Sec. 411.121.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  ADJUTANT GENERAL.  (a)  In this section:
(1)  "Adjutant general" has the meaning assigned by Section 437.001.
(2)  "State military forces" has the meaning assigned by Section 437.001.
(b)  The adjutant general is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is:
(1)  a member of the Texas military forces;
(2)  an employee of the Texas Military Department;
(3)  an applicant for enlistment in the Texas military forces; or
(4)  an applicant for employment with the Texas Military Department.
(c)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 156 (H.B. 1860), Sec. 1, eff. September 1, 2017.
(d)  Criminal history record information obtained by the adjutant general under Subsection (b) may not be released to 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.
(e)  The adjutant general shall destroy criminal history record information obtained under Subsection (b) after the purpose for which the information was obtained is accomplished.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 2.02, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 3.03, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 156 (H.B. 1860), Sec. 1, eff. September 1, 2017.