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 411.1211. Access to Criminal History Record Information: Texas Veterans Commission

Sec. 411.1211.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  TEXAS VETERANS COMMISSION.  (a)  The Texas Veterans Commission 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 commission;
(2)  is a consultant, intern, or volunteer for the commission or an applicant to serve as a consultant, intern, or volunteer;
(3)  proposes to enter into a contract with or has a contract with the commission to perform services for or supply goods to the commission; or
(4)  is an employee or subcontractor, or an applicant to be an employee or subcontractor, of a contractor that provides services to the commission.
(b)  Criminal history record information obtained by the Texas Veterans Commission 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 Texas Veterans Commission shall destroy criminal history record information obtained under this section after the information is used for the purposes authorized by this section.
(d)  The Texas Veterans Commission 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 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 provide a criminal history record.
Added by Acts 2009, 81st Leg., R.S., Ch. 67 (S.B. 2163), Sec. 1, eff. May 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 411.123. Access to Criminal History Record Information: Municipal Fire Department

Sec. 411.123.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  MUNICIPAL FIRE DEPARTMENT.  (a)  A fire department that is operated by a municipality in this state 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 beginning position with the fire department;  and
(2)  required to be certified by the Texas Commission on Fire Protection.
(b)  Repealed by Acts 2003, 78th Leg., ch. 296, Sec. 13(5).
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 296, Sec. 13(5), 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 411.1235. Access to Criminal History Record Information: Volunteer Fire Departments

Sec. 411.1235.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  VOLUNTEER FIRE DEPARTMENTS.  (a)  A volunteer fire department or a fire department operated by an emergency services district is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who:
(1)  is required to be certified by the Texas Commission on Fire Protection and:
(A)  is an applicant for a beginning position with the fire department; or
(B)  currently holds a position with that fire department; or
(2)  holds a position with the fire department and seeks to conduct fire safety inspections without becoming certified as a fire inspector by the Texas Commission on Fire Protection.
(b)  Repealed by Acts 2003, 78th Leg., ch. 296, Sec. 13(6).
(c)  A fire department may not keep or retain criminal history record information obtained under this section in any file.  Criminal history record information must be destroyed promptly after the determination of suitability of the person for any position as a volunteer or employee.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 296, Sec. 13(6), eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1204, Sec. 2.001, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1245 (H.B. 2446), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 411 - Department of Public Safety of the State of Texas › Subchapter F. Criminal History Record Information › Section 411.1236. Access to Criminal History Record Information: Texas Commission on Fire Protection

Sec. 411.1236.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  TEXAS COMMISSION ON FIRE PROTECTION.  (a)  The Texas Commission on Fire Protection is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is:
(1)  an applicant for or holder of a license issued under Chapter 419;  or
(2)  an applicant for employment by or an employee of the commission
(b)  Criminal history record information obtained by the Texas Commission on Fire Protection under Subsection (a) 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, or if the information is entered into evidence by the board in an administrative, civil, or criminal hearing under Chapter 419.
(c), (d) Repealed by Acts 2003, 78th Leg., ch. 296, Sec. 13(7).
Added by Acts 1997, 75th Leg., ch. 1172, Sec. 2.08, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 296, Sec. 8, 13(7), eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 10.12, 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 411.1237. Access to Criminal History Record Information: County Fire Marshals; County Sheriffs

Sec. 411.1237.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: COUNTY FIRE MARSHALS; COUNTY SHERIFFS.  (a)  On request of the department chief or chief executive of a fire department or an emergency medical services provider for an unincorporated area, a county fire marshal or county sheriff is entitled to obtain from the department criminal history record information maintained by the department that relates to:
(1)  an applicant for employment or membership with the requesting fire department or emergency medical services provider; or
(2)  an employee or member of the requesting fire department or emergency medical services provider.
(b)  The county fire marshal or county sheriff may disclose criminal history record information obtained under Subsection (a) to the department chief or chief executive of the requesting fire department or emergency medical services provider, except that the county fire marshal or county sheriff may disclose criminal history record information obtained by the department from the Federal Bureau of Investigation only to governmental entities or as authorized by federal law, federal executive order, or federal rule.
Added by Acts 2003, 78th Leg., ch. 951, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1082 (H.B. 2583), Sec. 1, 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 411.124. Access to Criminal History Record Information: Political Subdivisions; Public Transportation Drivers

Sec. 411.124.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  POLITICAL SUBDIVISIONS;  PUBLIC TRANSPORTATION DRIVERS.  (a)  A political subdivision of this state that employs, licenses, or regulates drivers of public transportation vehicles is entitled to obtain from the department or from a law enforcement agency of the political subdivision with access to the information the criminal history record information maintained by the department that relates to a person who is:
(1)  the driver of a public transportation vehicle;  and
(2)  employed, licensed, or regulated by the political subdivision.
(b)  Repealed by Acts 2003, 78th Leg., ch. 296, Sec. 13(8).
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 559, Sec. 1, eff. June 18, 1999;  Acts 2003, 78th Leg., ch. 296, Sec. 13(8), 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 411.125. Access to Criminal History Record Information: Texas Board of Nursing

Sec. 411.125.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS BOARD OF NURSING.  (a)  The Texas Board of Nursing is entitled to obtain criminal history record information as provided by Subsection (b) that relates to a person who:
(1)  is an applicant for vocational, registered, or advanced practice registered nurse licensure, or the holder of a license issued by the board;
(2)  has requested a determination of eligibility for a license from the board;
(3)  is subject to investigation by the board in connection with a complaint or formal charge against the person; or
(4)  is accepted for enrollment in a nursing education program that prepares the person for licensure as a vocational, registered, or advanced practice registered nurse.
(b)  Subject to Section 411.087 and consistent with the public policy of this state, the Texas Board of Nursing is entitled to:
(1)  obtain through the Federal Bureau of Investigation criminal history record information maintained or indexed by that bureau that pertains to a person described by Subsection (a); and
(2)  obtain from the department or any other criminal justice agency in this state criminal history record information maintained by the department or that criminal justice agency that relates to a person described by Subsection (a).
(c)  The Texas Board of Nursing may not release or disclose to any person criminal history record information obtained from the Federal Bureau of Investigation under Subsection (b)(1).  Criminal history record information obtained by the Texas Board of Nursing under Subsection (b)(2) may not be released or disclosed to any person except:
(1)  as required under a court order;
(2)  to a nursing board that is a member of the nurse licensure compact under Chapter 304, Occupations Code;
(3)  with the written consent of the person who is the subject of the criminal history record information; or
(4)  as provided by Subsection (d).
(d)  The Texas Board of Nursing is not prohibited from disclosing criminal history record information obtained under Subsection (b)(2) in a criminal proceeding, in a contested case proceeding conducted by the State Office of Administrative Hearings, or as part of an appeal of a contested case proceeding.
(e)  Criminal history record information obtained by the Texas Board of Nursing shall be destroyed by the agency after a final determination is made and all appeals are concluded in the matter for which the information was obtained.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 296, Sec. 13(9), eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1102, Sec. 4, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 55, eff. September 1, 2007.
Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 39, 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 411.12501. Access to Criminal History Record Information of Federal Bureau of Investigation: Texas Alcoholic Beverage Commission

Sec. 411.12501.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION OF FEDERAL BUREAU OF INVESTIGATION: TEXAS ALCOHOLIC BEVERAGE COMMISSION.  (a)  Subject to Section 411.087 and Public Law 92-544, the Texas Alcoholic Beverage Commission is authorized to obtain and use criminal history record information maintained or indexed by the Federal Bureau of Investigation that relates to a person who is an applicant for or holds a license, permit, or certificate under the Texas Alcoholic Beverage Code.
(b)  This section does not limit the commission's ability to obtain criminal history record information for criminal justice purposes or as authorized by other law.
(c)  The commission may require any person for whom the commission is authorized to obtain and use criminal history record information under Subsection (a) to submit a complete and legible set of fingerprints to the commission on a form prescribed by the commission for the purpose of obtaining criminal history record information.
Added by Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 40, 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 411.12502. Access to Criminal History Record Information: Texas Behavioral Health Executive Council

Sec. 411.12502.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL.  (a)  The Texas Behavioral Health Executive Council is entitled to obtain criminal history record information as provided by Subsection (b) that relates to a person who is an applicant for or licensed as:
(1)  a licensed psychologist, licensed psychological associate, or licensed specialist in school psychology under Chapter 501, Occupations Code;
(2)  a licensed marriage and family therapist or licensed marriage and family therapist associate under Chapter 502, Occupations Code;
(3)  a licensed professional counselor or licensed professional counselor associate under Chapter 503, Occupations Code; or
(4)  a licensed baccalaureate social worker, licensed master social worker, or licensed clinical social worker under Chapter 505, Occupations Code.
(b)  Subject to Section 411.087 and consistent with the public policy of this state, the Texas Behavioral Health Executive Council 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 Behavioral Health Executive Council 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 executive council under Subsection (b)(2) may not be released or disclosed to any person except on court order, with the written consent of the person who is the subject of the criminal history record information, or as provided by Subsection (d).
(d)  The Texas Behavioral Health Executive Council 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 executive council or the State Office of Administrative Hearings.
(e)  The Texas Behavioral Health Executive Council 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. 41, 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 411.12503. Access to Criminal History Record Information: Texas Board of Chiropractic Examiners

Sec. 411.12503.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS BOARD OF CHIROPRACTIC EXAMINERS.  (a)  The Texas Board of Chiropractic Examiners is entitled to obtain criminal history record information as provided by Subsection (b)  that relates to:
(1)  a person who is an applicant for a license or registration under Chapter 201, Occupations Code; or
(2)  the holder of a license or registration under Chapter 201, Occupations Code.
(b)  Subject to Section 411.087 and consistent with the public policy of this state, the Texas Board of Chiropractic 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 Texas Board of Chiropractic 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 Texas Board of Chiropractic 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 Texas Board of Chiropractic Examiners is not prohibited from disclosing criminal history record information obtained under Subsection (b)(2) in a criminal proceeding or in a hearing conducted under the authority of the Texas Board of Chiropractic Examiners.
(e)  The Texas Board of Chiropractic 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 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 42, 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 411.12504. Access to Criminal History Record Information: State Board of Dental Examiners

Sec. 411.12504.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: STATE BOARD OF DENTAL EXAMINERS.  (a)  The State Board of Dental Examiners is entitled to obtain criminal history record information as provided by Subsection (b)  that relates to a person who:
(1)  is an applicant for a license, certificate, registration, permit, or other authorization under Subtitle D, Title 3, Occupations Code;
(2)  is the holder of a license, certificate, registration, permit, or other authorization under that subtitle;
(3)  requests a determination of eligibility for a license, certificate, registration, permit, or other authorization from the State Board of Dental Examiners; or
(4)  is an applicant for employment at or current employee of the State Board of Dental Examiners.
(b)  Subject to Section 411.087 and consistent with the public policy of this state, the State Board of Dental 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 Dental 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 Dental 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 Dental 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 Dental Examiners or the State Office of Administrative Hearings.
(e)  The State Board of Dental Examiners shall destroy criminal history record information obtained under this section after a final determination is made in the matter for which the information was obtained.
Added by Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 43, 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 411.12505. Access to Criminal History Record Information: Qualified School Contractors

Sec. 411.12505.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: QUALIFIED SCHOOL CONTRACTORS.  (a)  In this section, "qualified school contractor" means an entity that:
(1)  contracts or subcontracts to provide services to a school district, charter school, or shared services arrangement; and
(2)  is determined eligible by the department to obtain criminal history record information under the National Child Protection Act of 1993 (34 U.S.C. Section 40101 et seq.) for an employee, applicant for employment, or volunteer of the qualified school contractor.
(b)  A qualified school contractor 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 (a)(2).
(c)  Criminal history record information obtained by a qualified school contractor under Subsection (b) in the original form or any subsequent form:
(1)  may not be released to any person except:
(A)  to the person who is the subject of the information;
(B)  with the consent of the person who is the subject of the information;
(C)  by court order; or
(D)  except as provided by Subsection (d); and
(2)  is not subject to disclosure as provided by Chapter 552.
(d)  A qualified school contractor may provide a fitness determination based on criminal history record information obtained under this section to a school district, charter school, or shared services arrangement.
(e)  A qualified school contractor shall destroy criminal history record information that is obtained under this section after the information is used for its authorized purpose.
(f)  The department in coordination with the commissioner of education may adopt rules necessary to implement this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 44, 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 411.12506. Access to Criminal History Record Information: Texas Commission on Environmental Quality

Sec. 411.12506.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS COMMISSION ON ENVIRONMENTAL QUALITY.  (a)  The Texas Commission on Environmental Quality is entitled to obtain criminal history record information as provided by Subsection (b) that relates to a person who:
(1)  is an applicant for a license, permit, or registration under:
(A)  Chapters 341, 361, and 366, Health and Safety Code;
(B)  Chapter 1903, Occupations Code; or
(C)  Chapters 26 and 37, Water Code;
(2)  is the holder of a license, permit, or registration under a provision listed in Subdivision (1); or
(3)  requests a determination of eligibility for a license, permit, or registration from the agency under a provision listed in Subdivision (1).
(b)  Subject to Section 411.087 and consistent with the public policy of this state, the Texas Commission on Environmental Quality 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 Commission on Environmental Quality may not release or disclose to any person criminal history record information obtained from the Federal Bureau of Investigation under Subsection (b)(1).  Criminal history record information obtained by the Texas Commission on Environmental Quality under Subsection (b)(2) may not be released or disclosed to any person except on court order, with the written consent of the person who is the subject of the criminal history record information, or as provided by Subsection (d).
(d)  The Texas Commission on Environmental Quality is not prohibited from disclosing criminal history record information obtained under Subsection (b)(2) in a criminal proceeding or in an administrative proceeding conducted by the Texas Commission on Environmental Quality or the State Office of Administrative Hearings.
(e)  The Texas Commission on Environmental Quality 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. 45, 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 411.12507. Access to Criminal History Record Information: Texas Funeral Service Commission

Sec. 411.12507.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS FUNERAL SERVICE COMMISSION.  (a)  The Texas Funeral Service Commission is entitled to obtain criminal history record information as provided by Subsection (b) that relates to:
(1)  a person who is:
(A)  an applicant for a license or certificate under Sections 651.259 and 651.302, Occupations Code; or
(B)  the holder of a license or certificate under Chapter 651, Occupations Code;
(2)  an applicant for a license or a license holder under Chapter 651, Occupations Code;
(3)  an applicant for employment at or current employee of the Texas Funeral Service Commission; or
(4)  a person authorized to access vital records or the vital records electronic registration system under Chapter 191, Health and Safety Code, or a funeral director.
(b)  Subject to Section 411.087 and consistent with the public policy of this state, the Texas Funeral Service 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 Texas Funeral Service 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 Texas Funeral Service Commission under Subsection (b)(2) may not be released or disclosed to any person except on court order, with the written consent of the person who is the subject of the criminal history record information, or as provided by Subsection (d).
(d)  The Texas Funeral Service Commission is not prohibited from disclosing criminal history record information obtained under Subsection (b)(2) in a criminal proceeding or in a hearing conducted by the Texas Funeral Service Commission.
(e)  The Texas Funeral Service Commission may not consider offenses described by Section 542.304, Transportation Code, to determine whether to hire or retain an employee or to contract with a person on whom criminal history record information is obtained under this section.
(f)  The Texas Funeral Service 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. 46, 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 411.12508. Access to Criminal History Record Information: Manufactured Housing Division

Sec. 411.12508.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  MANUFACTURED HOUSING DIVISION.  (a)  The manufactured housing division of the Texas Department of Housing and Community Affairs is entitled to obtain criminal history record information as provided by Subsection (b) that relates to a person who is:
(1)  an applicant for or holder of a license under Chapter 1201, Occupations Code; or
(2)  an owner, officer, or related person or manager of a person described by Subdivision (1).
(b)  Subject to Section 411.087 of this code and Chapter 1201, Occupations Code, and consistent with the public policy of this state, the manufactured housing division 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 manufactured housing division 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 manufactured housing division 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 manufactured housing division 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 manufactured housing division.  Certified public documents that contain criminal history record information described by Subsection (b)(2) but that the division does not obtain under that subdivision may be used in a criminal or civil proceeding or in a hearing conducted by the manufactured housing division.
(e)  The manufactured housing division 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. 47, 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 411.12509. Access to Criminal History Record Information: State Fire Marshal

Sec. 411.12509.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: STATE FIRE MARSHAL.  (a)  The state fire marshal is entitled to obtain criminal history record information as provided by Subsection (b)  that relates to a person who is an applicant for a license issued by the state fire marshal.
(b)  Subject to Section 411.087 and consistent with the public policy of this state, the state fire marshal 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 fire marshal 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 fire marshal under Subsection (b)(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 (d).
(d)  The state fire marshal 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 fire marshal.
(e)  The state fire marshal 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. 48, 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 411.12510. Access to Criminal History Record Information: Texas Medical Board

Sec. 411.12510.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS MEDICAL BOARD.  (a)  The Texas Medical Board is entitled to obtain criminal history record information as provided by Subsection (b) that relates to a person who is:
(1)  an applicant for or holder of a license to practice medicine;
(2)  an applicant for or holder of a license to practice as a physician assistant;
(3)  an applicant for or holder of a license to practice as an acupuncturist;
(4)  an applicant for or holder of a certificate to practice as an acudetox specialist;
(5)  an applicant for or holder of a license to practice as a surgical assistant;
(6)  an applicant for or holder of a general certificate to perform radiologic procedures, limited certificate to perform radiologic procedures only on specific parts of the body, or radiologist assistant certificate;
(7)  an applicant for or holder of a placement on the registry of noncertified technicians;
(8)  an employee of an applicant for a hardship exemption;
(9)  an applicant for or holder of a license to practice as a medical physicist;
(10)  an applicant for or holder of a license to practice as a perfusionist;
(11)  an applicant for or holder of a license to practice as a respiratory care practitioner; and
(12)  an applicant for or holder of a pain management clinic certificate.
(b)  Subject to Section 411.087 and consistent with the public policy of this state, the Texas Medical Board 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 Medical Board may not release or disclose to any person criminal history record information obtained from the Federal Bureau of Investigation under Subsection (b)(1).  Criminal history record information obtained by the Texas Medical Board under Subsection (b)(2) may not be released or disclosed to any person, except as provided by Subsection (d).
(d)  The Texas Medical Board is not prohibited from disclosing criminal history record information obtained under Subsection (b)(2) in a hearing conducted by the Texas Medical Board or its advisory boards.
(e)  The Texas Medical 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 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 49, 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 411.12511. Access to Criminal History Record Information: Texas Department of Motor Vehicles

Sec. 411.12511.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS DEPARTMENT OF MOTOR VEHICLES.  (a)  The Texas Department of Motor Vehicles is entitled to obtain criminal history record information as provided by Subsection (b)  that relates to a person:
(1)  who is an applicant for or holds a general distinguishing number under Chapter 503, Transportation Code;
(2)  who is an applicant for or holds a license under Chapter 2301 or 2302, Occupations Code; or
(3)  who is an officer, director, member, manager, principal, partner, trustee, or other person acting in a representative capacity for an applicant, general distinguishing number holder, or license holder and whose act or omission would be cause for denying, revoking, or suspending a general distinguishing number or license issued under Chapter 503, Transportation Code, or Chapter 2301 or 2302, Occupations Code.
(b)  Subject to Section 411.087 and consistent with the public policy of this state, the Texas Department of Motor Vehicles 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 Department of Motor Vehicles may not release or disclose to any person criminal history record information obtained from the Federal Bureau of Investigation under Subsection (b)(1).  Criminal history record information obtained by the Texas Department of Motor Vehicles under Subsection (b)(2) may not be released or disclosed to any person except on court order, with the written consent of the person who is the subject of the criminal history record information, or as provided by Subsection (d).
(d)  The Texas Department of Motor Vehicles is not prohibited from disclosing criminal history record information obtained under Subsection (b)(2) in a criminal proceeding or in a hearing in which the Texas Department of Motor Vehicles is a party.
(e)  The Texas Department of Motor Vehicles 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. 50, 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 411.12512. Access to Criminal History Record Information: Texas Optometry Board

Sec. 411.12512.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS OPTOMETRY BOARD.  (a)  The Texas Optometry Board is entitled to obtain criminal history record information as provided by Subsection (b) that relates to a person who is:
(1)  an applicant for a license under Section 351.251, Occupations Code; or
(2)  the holder of a license under Section 351.302, Occupations Code.
(b)  Subject to Section 411.087 of this code and Sections 351.2525 and 351.3045, Occupations Code, and consistent with the public policy of this state, the Texas Optometry Board 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 Optometry Board may not release or disclose to any person criminal history record information obtained from the Federal Bureau of Investigation under Subsection (b)(1).  Criminal history record information obtained by the Texas Optometry 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 Texas Optometry 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 the Texas Optometry Board.
(e)  The Texas Optometry 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 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 51, 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 411.12513. Access to Criminal History Record Information: Executive Council of Physical Therapy and Occupational Therapy Examiners

Sec. 411.12513.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND OCCUPATIONAL THERAPY EXAMINERS.  (a)  The Executive Council of Physical Therapy and Occupational Therapy Examiners is entitled to obtain criminal history record information as provided by Subsection (b) that relates to a person who is:
(1)  an applicant for or the holder of a physical therapist or physical therapist assistant license under Chapter 453, Occupations Code; or
(2)  an applicant for or the holder of an occupational therapist or occupational therapy assistant license under Chapter 454, Occupations Code.
(b)  Subject to Section 411.087 and consistent with the public policy of this state, the Executive Council of Physical Therapy and Occupational Therapy 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 Executive Council of Physical Therapy and Occupational Therapy 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 Executive Council of Physical Therapy and Occupational Therapy 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 Executive Council of Physical Therapy and Occupational Therapy 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 Executive Council of Physical Therapy and Occupational Therapy Examiners.
(e)  The Executive Council of Physical Therapy and Occupational Therapy 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 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 52, 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 411.12514. Access to Criminal History Record Information: Texas State Board of Plumbing Examiners

Sec. 411.12514.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS STATE BOARD OF PLUMBING EXAMINERS.  (a)  The Texas State Board of Plumbing Examiners is entitled to obtain criminal history record information as provided by Subsection (b) that relates to an applicant for a license, registration, endorsement, or certificate under Chapter 1301, Occupations Code, including a license, registration, endorsement, or certificate, as applicable, for any of the following functions:  master plumber, journeyman plumber, plumbing inspector, tradesman-plumber limited, plumber's apprentice, multipurpose residential fire protection sprinkler specialist, water supply protection specialist, and medical gas piping installation.
(b)  Subject to Section 411.087 and consistent with the public policy of this state, the Texas State Board of Plumbing 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 Texas State Board of Plumbing 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 Texas State Board of Plumbing 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 or entity that is the subject of the criminal history record information, or as provided by Subsection (d).
(d)  The Texas State Board of Plumbing 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 Texas State Board of Plumbing Examiners.
(e)  The Texas State Board of Plumbing 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 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 53, eff. June 13, 2023.