Texas 2023 - 88th Regular

Texas House Bill HB4123 Compare Versions

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Version 2 (New)

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1	1	H.B. No. 4123
2	2
3	3
4	4	AN ACT
5	5	relating to access to and use of certain criminal history record
6	6	information.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 22.0834, Education Code, is amended by
9	9	amending Subsections (a), (a-1), (b), (c), (d), (e), (f), (h), (l),
10	10	(o), and (p) and adding Subsections (b-1), (d-1), (d-2), and (q) to
11	11	read as follows:
12	12	(a) Except as provided by Subsection (a-1), this subsection
13	13	applies to a person who is not an applicant for or holder of a
14	14	certificate under Subchapter B, Chapter 21, and who [on or after
15	15	January 1, 2008,] is offered employment by an entity or a
16	16	subcontractor of an entity that contracts with a school district,
17	17	open-enrollment charter school, or shared services arrangement to
18	18	provide services, if:
19	19	(1) the employee or applicant has or will have
20	20	continuing duties related to the contracted services; and
21	21	(2) the employee or applicant has or will have direct
22	22	contact with students.
23	23	(a-1) This section does not apply to an employee or
24	24	applicant of a public works contractor if:
25	25	(1) the public work does not involve the construction,
26	26	alteration, or repair of an instructional facility as defined by
27	27	Section 46.001;
28	28	(2) for public work that involves construction of a
29	29	new instructional facility, the person's duties related to the
30	30	contracted services will be completed not later than the seventh
31	31	day before the first date the facility will be used for
32	32	instructional purposes; or
33	33	(3) for a public work that involves an existing
34	34	instructional facility:
35	35	(A) the public work area contains sanitary
36	36	facilities and is separated from all areas used by students by a
37	37	secure barrier fence that is not less than six feet in height; and
38	38	(B) the contracting entity adopts a policy
39	39	prohibiting employees, including subcontracting entity employees,
40	40	from interacting with students or entering areas used by students,
41	41	informs employees of the policy, and enforces the policy at the
42	42	public work area [a contracting entity, subcontracting entity, or
43	43	other person subject to Section 22.08341].
44	44	(b) If the contracting entity is a qualified school
45	45	contractor, a [A] person to whom Subsection (a) applies must submit
46	46	to a national criminal history record information review by the
47	47	qualified school contractor [under this section] before being
48	48	employed or serving in a capacity described by that subsection.
49	49	(b-1) If the contracting entity or subcontracting entity is
50	50	not a qualified school contractor, a person to whom Subsection (a)
51	51	applies must submit to a national criminal history record
52	52	information review by the school district, charter school, regional
53	53	education service center, commercial transportation company, or
54	54	education shared services arrangement.
55	55	(c) Before or immediately after employing or securing the
56	56	services of a person to whom Subsection (a) applies, the qualified
57	57	school contractor or [entity contracting with a] school district,
58	58	open-enrollment charter school, or shared services arrangement
59	59	shall send or ensure that the person sends to the department
60	60	information that is required by the department for obtaining
61	61	national criminal history record information, which may include
62	62	fingerprints and photographs. The department shall obtain the
63	63	person's national criminal history record information and report
64	64	the results through the criminal history clearinghouse as provided
65	65	by Section 411.0845, Government Code.
66	66	(d) A qualified school contractor or [An entity contracting
67	67	with] a school district, open-enrollment charter school, or shared
68	68	services arrangement shall obtain all criminal history record
69	69	information that relates to a person to whom Subsection (a) applies
70	70	through the criminal history clearinghouse as provided by Section
71	71	411.0845, Government Code. [The entity shall certify to the school
72	72	district that the entity has received all criminal history record
73	73	information relating to a person to whom Subsection (a) applies.]
74	74	(d-1) A qualified school contractor acting as a contracting
75	75	entity shall require that any of its subcontracting entities obtain
76	76	all criminal history record information that relates to an employee
77	77	to whom Subsection (a) applies if the subcontracting entity is also
78	78	a qualified school contractor.
79	79	(d-2) A qualified school contractor shall require that any
80	80	of its subcontracting entities that are not qualified school
81	81	contractors comply with Subsection (b-1) as it relates to an
82	82	employee to whom Subsection (a) applies.
83	83	(e) The requirements of Subsections (b), (d-1), and (d-2) do
84	84	not apply to a qualified school contractor if a [A] school district,
85	85	open-enrollment charter school, or shared services arrangement
86	86	obtains [may obtain] the criminal history record information of a
87	87	person to whom this section applies through the criminal history
88	88	clearinghouse as provided by Section 411.0845, Government Code.
89	89	(f) In the event of an emergency, a school district may
90	90	allow a person to whom Subsection (a) [or (g)] applies to enter
91	91	school district property if the person is accompanied by a district
92	92	employee. A school district may adopt rules regarding an emergency
93	93	situation under this subsection.
94	94	(h) A school district, open-enrollment charter school, [or]
95	95	shared services arrangement, or qualified school contractor may
96	96	obtain from any law enforcement or criminal justice agency all
97	97	criminal history record information that relates to a person to
98	98	whom this section [Subsection (g)] applies.
99	99	(l) [A contracting entity shall require that a
100	100	subcontracting entity obtain all criminal history record
101	101	information that relates to an employee to whom Subsection (a)
102	102	applies.] If a contracting or subcontracting entity determines
103	103	that Subsection (a) does not apply to an employee, the contracting
104	104	or subcontracting entity shall make a reasonable effort to ensure
105	105	that the conditions or precautions that resulted in the
106	106	determination that Subsection (a) did not apply to the employee
107	107	continue to exist throughout the time that the contracted services
108	108	are provided.
109	109	(o) A school district, charter school, regional education
110	110	service center, commercial transportation company, education
111	111	shared services arrangement, or qualified school contractor,
112	112	contracting entity, or subcontracting entity may not permit an
113	113	employee to whom Subsection (a) applies to provide services at a
114	114	school if the employee has been convicted of a felony or misdemeanor
115	115	offense that would prevent a person from being employed under
116	116	Section 22.085(a).
117	117	(p) In this section:
118	118	(1) "Contracting entity" means an entity that
119	119	contracts directly with a school district, open-enrollment charter
120	120	school, or shared services arrangement to provide services to the
121	121	school district, open-enrollment charter school, or shared
122	122	services arrangement.
123	123	(2) "Public works contractor" means an entity that
124	124	contracts directly or subcontracts with an entity that contracts
125	125	with a school district, open-enrollment charter school, or shared
126	126	services arrangement to provide services to the school district,
127	127	open-enrollment charter school, or shared services arrangement.
128	128	(3) "Qualified school contractor" has the meaning
129	129	assigned by Section 411.12505, Government Code.
130	130	(4) "Subcontracting entity" means an entity that
131	131	contracts with another entity that is not a school district,
132	132	open-enrollment charter school, or shared services arrangement to
133	133	provide services to a school district, open-enrollment charter
134	134	school, or shared services arrangement.
135	135	(q) A qualified school contractor shall certify to the
136	136	school district, open-enrollment charter school, or shared
137	137	services arrangement that the entity has received all criminal
138	138	history record information relating to a person who is employed by
139	139	or under a current offer of employment by the qualified school
140	140	contractor.
141	141	SECTION 2. Section 22.0835(f), Education Code, is amended
142	142	to read as follows:
143	143	(f) A school district, open-enrollment charter school, or
144	144	shared services arrangement may obtain from the department or any
145	145	law enforcement or criminal justice agency all criminal history
146	146	record information that relates to a person to whom Subsection (e)
147	147	applies.
148	148	SECTION 3. Section 22.085(c), Education Code, is amended to
149	149	read as follows:
150	150	(c) A school district, open-enrollment charter school, or
151	151	shared services arrangement may not allow a person who is an
152	152	employee of or applicant for employment by a qualified school
153	153	contractor or an entity that contracts with the district, school,
154	154	or shared services arrangement to serve at the district or school or
155	155	for the shared services arrangement if the district, school, or
156	156	shared services arrangement obtains information described by
157	157	Subsection (a) through a criminal history record information review
158	158	concerning the employee or applicant. A school district,
159	159	open-enrollment charter school, or shared services arrangement
160	160	must ensure that an entity that the district, school, or shared
161	161	services arrangement contracts with for services has obtained all
162	162	criminal history record information as required by Section 22.0834
163	163	[or 22.08341].
164	164	SECTION 4. Section 1104.402(a), Estates Code, is amended to
165	165	read as follows:
166	166	(a) Except as provided by Section [1104.403,] 1104.404[,]
167	167	or 1104.406(a), the clerk of the county having venue of the
168	168	proceeding for the appointment of a guardian shall obtain criminal
169	169	history record information that is maintained by the Department of
170	170	Public Safety or the Federal Bureau of Investigation identification
171	171	division relating to[:
172	172	[(1) a private professional guardian;
173	173	[(2) each person who represents or plans to represent
174	174	the interests of a ward as a guardian on behalf of the private
175	175	professional guardian;
176	176	[(3) each person employed by a private professional
177	177	guardian who will:
178	178	[(A) have personal contact with a ward or
179	179	proposed ward;
180	180	[(B) exercise control over and manage a ward's
181	181	estate; or
182	182	[(C) perform any duties with respect to the
183	183	management of a ward's estate;
184	184	[(4) each person employed by or volunteering or
185	185	contracting with a guardianship program to provide guardianship
186	186	services to a ward of the program on the program's behalf; or
187	187	[(5)] any [other] person proposed to serve as a
188	188	guardian under this title, including a proposed temporary guardian,
189	189	[and] a proposed successor guardian, or any person who will have
190	190	contact with the proposed ward or the proposed ward's estate on
191	191	behalf of the proposed guardian, other than an attorney or a person
192	192	who is a certified guardian.
193	193	SECTION 5. Section 1104.404, Estates Code, is amended to
194	194	read as follows:
195	195	Sec. 1104.404. EXCEPTION FOR INFORMATION CONCERNING
196	196	CERTAIN PERSONS. (a) The clerk described by Section 1104.402 is
197	197	not required to obtain criminal history record information from the
198	198	Department of Public Safety for a person if the Judicial Branch
199	199	Certification Commission conducted a criminal history check on the
200	200	person under Sections 155.203 and 155.207 [Chapter 155], Government
201	201	Code. However, the clerk shall obtain criminal history record
202	202	information from the Federal Bureau of Investigation
203	203	identification division relating to each person described by
204	204	Section 1104.402.
205	205	(b) The commission [board] shall provide to the clerk [at
206	206	the court's request] the criminal history record information that
207	207	was obtained from the Department of Public Safety [or the Federal
208	208	Bureau of Investigation]. The commission is prohibited from
209	209	disseminating criminal history record information that was
210	210	obtained from the Federal Bureau of Investigation under Section
211	211	411.1408, Government Code, for purposes of determining whether an
212	212	applicant is ineligible for certification as a guardian.
213	213	SECTION 6. Section 1104.405(a), Estates Code, is amended to
214	214	read as follows:
215	215	(a) Criminal history record information obtained or
216	216	provided under Section 1104.402[, 1104.403,] or 1104.404 is
217	217	privileged and confidential and is for the exclusive use of the
218	218	court. The criminal history record information may not be released
219	219	or otherwise disclosed to any person or agency except on court order
220	220	[or consent of the person being investigated]. The court may use
221	221	the criminal history record information only to determine whether
222	222	to:
223	223	(1) appoint, remove, or continue the appointment of a
224	224	private professional guardian, a guardianship program, or the
225	225	Health and Human Services Commission; or
226	226	(2) appoint any person proposed to serve as a guardian
227	227	under this title, including a proposed temporary guardian, a
228	228	proposed successor guardian, or any person who will have contact
229	229	with the proposed ward or the proposed ward's estate on behalf of
230	230	the proposed guardian, other than an attorney or a certified
231	231	guardian.
232	232	SECTION 7. Section 14.151(a), Finance Code, is amended to
233	233	read as follows:
234	234	(a) The commissioner or an assistant commissioner,
235	235	examiner, or other employee of the office shall obtain criminal
236	236	history record information maintained by the Department of Public
237	237	Safety, the Federal Bureau of Investigation Identification
238	238	Division, or another law enforcement agency relating to a person
239	239	described by Section 411.095(a) [411.095(a)(1)], Government Code.
240	240	SECTION 8. Section 152.203, Government Code, is amended to
241	241	read as follows:
242	242	Sec. 152.203. RULES ON INELIGIBILITY. The supreme court
243	243	shall by order adopt rules on an applicant's [applicants']
244	244	ineligibility for certification, registration, or licensing under
245	245	this subtitle based on the applicant's [person's] criminal history
246	246	or other information that indicates the applicant [person] lacks
247	247	the honesty, trustworthiness, or integrity to hold the
248	248	certification, registration, or license. The commission shall, in
249	249	accordance with this section and rules adopted by order of the
250	250	United States Supreme Court, obtain criminal history record
251	251	information that is maintained by the Department of Public Safety
252	252	or the Federal Bureau of Investigation identification division on
253	253	each applicant for certification, registration, or licensing under
254	254	this subtitle to be used only for the determination of each
255	255	applicant's ineligibility under rules adopted by United States
256	256	Supreme Court order under this section. The commission may not use
257	257	criminal history record information obtained from the Federal
258	258	Bureau of Investigation identification division under this section
259	259	for any other purpose. The commission may not transfer criminal
260	260	history record information obtained from the Federal Bureau of
261	261	Investigation identification division under this section to any
262	262	other state agency, entity, or person. The commission shall
263	263	destroy criminal history record information immediately after each
264	264	determination of ineligibility is made.
265	265	SECTION 9. Section 155.205, Government Code, is amended to
266	266	read as follows:
267	267	Sec. 155.205. DUTY TO OBTAIN CRIMINAL HISTORY RECORD
268	268	INFORMATION. (a) In accordance with Subsection (c) and the rules
269	269	adopted by the supreme court under Section 155.203, the commission
270	270	shall obtain criminal history record information that is maintained
271	271	by the Department of Public Safety. The clerk shall obtain in
272	272	accordance with Subsection (b) criminal history record information
273	273	from [or] the Federal Bureau of Investigation identification
274	274	division relating to an individual seeking appointment as a
275	275	guardian or temporary guardian.
276	276	(b) The clerk [commission] shall obtain[:
277	277	[(1)] fingerprint-based criminal history record
278	278	information of a proposed guardian if:
279	279	(1) [(A)] the liquid assets of the estate of a ward
280	280	exceed $50,000; or
281	281	(2) [(B)] the proposed guardian is not a resident of
282	282	this state.
283	283	(c) The commission shall obtain[; or
284	284	[(2)] name-based criminal history record information
285	285	of a proposed guardian, including any criminal history record
286	286	information under the current name and all former names of the
287	287	proposed guardian, if:
288	288	(1) [(A)] the liquid assets of the estate of a ward are
289	289	$50,000 or less; and
290	290	(2) [(B)] the proposed guardian is a resident of this
291	291	state.
292	292	(d) Each proposed guardian described by Subsection (b)
293	293	shall file with the commission proof of having submitted to a
294	294	fingerprint-based criminal history search.
295	295	SECTION 10. Section 155.207(a), Government Code, is amended
296	296	to read as follows:
297	297	(a) The commission shall use the criminal history record
298	298	information obtained under this subchapter only for a purpose
299	299	authorized by this subchapter [or to maintain the registration of a
300	300	guardianship under Subchapter D].
301	301	SECTION 11. Section 411.082, Government Code, is amended by
302	302	adding Subdivisions (1-a) and (1-b) to read as follows:
303	303	(1-a) "Applicant" means an individual who submits an
304	304	application for employment, licensure, certification, or
305	305	registration that requires the department to conduct a background
306	306	check using criminal history record information.
307	307	(1-b) "Application" means an application submitted by
308	308	hard copy or electronically for employment, licensure,
309	309	certification, or registration that requires the department to
310	310	conduct a background check using criminal history record
311	311	information.
312	312	SECTION 12. Section 411.084, Government Code, is amended by
313	313	amending Subsection (b) and adding Subsection (d) to read as
314	314	follows:
315	315	(b) Notwithstanding Subsection (a) or any other provision
316	316	in this subchapter relating to the release or disclosure of such
317	317	information, criminal history record information obtained from the
318	318	Federal Bureau of Investigation may be released or disclosed only
319	319	to a governmental entity or as authorized by federal law and
320	320	regulations, federal executive orders, and federal policy.
321	321	(d) Notwithstanding any other provision of this subchapter,
322	322	a private entity that purchases information from the department is
323	323	not required to provide proof of cyber-threat insurance coverage or
324	324	post a performance bond if that entity:
325	325	(1) provides proof of an audit by a certified public
326	326	accountant certifying that the requestor has implemented internal
327	327	controls and security protocols that are consistent with the
328	328	National Institute of Standards and Technology standards for
329	329	cybersecurity and approved by the Department of Information
330	330	Resources or an IT cybersecurity professional certified by the
331	331	National Institute of Standards and Technology or a similar
332	332	organization;
333	333	(2) provides proof of Payment Card Industry Data
334	334	Security Standard (PCI DSS) certification or certification by a
335	335	similar organization recognized by the Department of Information
336	336	Resources; or
337	337	(3) provides proof of compliance with voluntary
338	338	compliance standards for cybersecurity developed by a national
339	339	organization of certified public accountants for the management of
340	340	customer data, including SOC 1, SOC 2, or SOC.
341	341	SECTION 13. Section 411.0891, Government Code, is amended
342	342	by amending Subsections (a), (b), and (d) and adding Subsections
343	343	(a-1) and (e) to read as follows:
344	344	(a) The [Subject to Section 411.087, the] department may [is
345	345	authorized to] obtain as provided by Subsection (a-1) [and use]
346	346	criminal history record information [maintained by the Federal
347	347	Bureau of Investigation or the department] that relates to a person
348	348	who:
349	349	(1) is an applicant for or holds a registration issued
350	350	by the director under Subchapter C, Chapter 481, Health and Safety
351	351	Code, that authorizes the person to manufacture, distribute,
352	352	analyze, or conduct research with a controlled substance;
353	353	(2) is an applicant for or holds a registration issued
354	354	by the department under Chapter 487, Health and Safety Code, to be a
355	355	director, manager, or employee of a dispensing organization, as
356	356	defined by Section 487.001, Health and Safety Code;
357	357	(3) is an applicant for or holds an authorization
358	358	issued by the department under Section 521.2476, Transportation
359	359	Code, to do business in this state as a vendor of ignition interlock
360	360	devices;
361	361	(4) is an applicant for or holds certification by the
362	362	department as an inspection station or an inspector under
363	363	Subchapter G, Chapter 548, Transportation Code, holds an inspection
364	364	station or inspector certificate issued under that subchapter, or
365	365	is the owner of an inspection station operating under that chapter;
366	366	[or]
367	367	(5) is an applicant for or holds a certificate of
368	368	registration issued by the department under Chapter 1956,
369	369	Occupations Code, to act as a metal recycling entity;
370	370	(6) is an applicant for or holds a license to carry a
371	371	handgun issued by the department under Subchapter H, or is an
372	372	applicant for or holds a certification as an instructor issued by
373	373	the department under this chapter;
374	374	(7) is an applicant for or holds a Capitol access pass
375	375	issued by the department under Section 411.0625; or
376	376	(8) is an applicant for or holds a license or
377	377	commission issued by the department under Chapter 1702, Occupations
378	378	Code.
379	379	(a-1) Subject to Section 411.087 and consistent with the
380	380	public policy of this state, the department is entitled to:
381	381	(1) obtain through the Federal Bureau of Investigation
382	382	criminal history record information maintained or indexed by that
383	383	bureau that pertains to a person described by Subsection (a); and
384	384	(2) obtain from any other criminal justice agency in
385	385	this state criminal history record information maintained by that
386	386	criminal justice agency that relates to a person described by
387	387	Subsection (a).
388	388	(b) The department may not release or disclose to any person
389	389	criminal history record information obtained from the Federal
390	390	Bureau of Investigation under Subsection (a-1)(1). The department
391	391	may release or disclose criminal history record information
392	392	obtained [or used] by the department under Subsection (a-1)(2) for
393	393	a purpose described by Subsection (a) to another person or agency
394	394	only:
395	395	(1) in a criminal proceeding;
396	396	(2) in a hearing conducted by the department;
397	397	(3) under an order from a court; or
398	398	(4) with the consent of the person who is the subject
399	399	of the criminal history record information.
400	400	(d) The department may require any person for whom the
401	401	department is authorized to obtain [and use] criminal history
402	402	record information [maintained by the Federal Bureau of
403	403	Investigation or the department] under Subsections [Subsection]
404	404	(a) and (a-1) to submit a complete and legible set of fingerprints
405	405	to the department on a form prescribed by the department for the
406	406	purpose of obtaining criminal history record information.
407	407	(e) The department shall destroy criminal history record
408	408	information that is obtained under this section after the
409	409	information is used for its authorized purpose.
410	410	SECTION 14. Section 411.090, Government Code, is amended by
411	411	amending Subsections (a) and (b) and adding Subsections (a-1), (d),
412	412	and (e) to read as follows:
413	413	(a) The State Board for Educator Certification is entitled
414	414	to obtain [from the department] any criminal history record
415	415	information as provided by Subsection (a-1) [maintained by the
416	416	department] about a person who has applied to the board for or who
417	417	currently holds a certificate under Subchapter B, Chapter 21,
418	418	Education Code.
419	419	(a-1) Subject to Section 411.087 and consistent with the
420	420	public policy of this state, the State Board for Educator
421	421	Certification is entitled to:
422	422	(1) obtain through the Federal Bureau of Investigation
423	423	criminal history record information maintained or indexed by that
424	424	bureau that pertains to a person described by Subsection (a); and
425	425	(2) obtain from the department or any other criminal
426	426	justice agency in this state criminal history record information
427	427	maintained by the department or that criminal justice agency that
428	428	relates to a person described by Subsection (a).
429	429	(b) The State Board for Educator Certification may not
430	430	release or disclose to any person criminal history record
431	431	information obtained from the Federal Bureau of Investigation under
432	432	Subsection (a-1)(1). Criminal history record information obtained
433	433	by the board under Subsection (a-1)(2) in the original form or any
434	434	subsequent form:
435	435	(1) may be used only for a purpose related to the
436	436	issuance, denial, reprimand, suspension, revocation, or
437	437	cancellation of a certificate issued by the board;
438	438	(2) may not be released to any person except:
439	439	(A) to the person who is the subject of the
440	440	information;
441	441	(B) to the Texas Education Agency;
442	442	(C) to a local or regional educational entity as
443	443	provided by Section 411.097; or
444	444	(D) by court order; and
445	445	(3) is not subject to disclosure as provided by
446	446	Chapter 552[; and
447	447	[(4) shall be destroyed by the board after the
448	448	information is used for the authorized purposes].
449	449	(d) The State Board for Educator Certification is not
450	450	prohibited from disclosing criminal history record information
451	451	obtained under Subsection (a-1)(2) in a criminal proceeding or in a
452	452	hearing conducted by the Texas Education Agency or the State Board
453	453	for Educator Certification.
454	454	(e) The State Board for Educator Certification shall
455	455	destroy criminal history record information that is obtained under
456	456	this section after the information is used for its authorized
457	457	purpose.
458	458	SECTION 15. Section 411.0901, Government Code, is amended
459	459	by amending Subsections (a) and (b) and adding Subsections (a-1),
460	460	(c), and (d) to read as follows:
461	461	(a) The Texas Education Agency is entitled to obtain
462	462	criminal history record information as provided by Subsection (a-1)
463	463	[maintained by the department] about a person who:
464	464	(1) is employed or is an applicant for employment by a
465	465	school district or open-enrollment charter school;
466	466	(2) is employed or is an applicant for employment by a
467	467	shared services arrangement, if the employee's or applicant's
468	468	duties are or will be performed on school property or at another
469	469	location where students are regularly present; [or]
470	470	(3) is employed or is an applicant for employment by an
471	471	entity that contracts or subcontracts with a school district,
472	472	open-enrollment charter school, or shared services arrangement, if
473	473	the applicant or employee has or will have:
474	474	(A) continuing duties related to the contracted
475	475	or subcontracted services; and
476	476	(B) direct contact with students;
477	477	(4) is employed or is an applicant for employment by
478	478	the Texas Education Agency; or
479	479	(5) provides services as a tutor on behalf of a service
480	480	provider that offers accelerated or supplemental instruction under
481	481	Section 28.0211, Education Code, if the tutor has or will have
482	482	continuing duties related to the services provided and has or will
483	483	have direct contact with students [if:
484	484	[(A) the employee or applicant has or will have
485	485	continuing duties relating to the contracted services; and
486	486	[(B) the employee or applicant has or will have
487	487	direct contact with students].
488	488	(a-1) Subject to Section 411.087 and consistent with the
489	489	public policy of this state, the Texas Education Agency is entitled
490	490	to:
491	491	(1) obtain through the Federal Bureau of Investigation
492	492	criminal history record information maintained or indexed by that
493	493	bureau that pertains to a person described by Subsection (a); and
494	494	(2) obtain from the department or any other criminal
495	495	justice agency in this state criminal history record information
496	496	maintained by the department or that criminal justice agency that
497	497	relates to a person described by Subsection (a).
498	498	(b) The Texas Education Agency may not release or disclose
499	499	to any person criminal history record information obtained from the
500	500	Federal Bureau of Investigation under Subsection (a-1)(1).
501	501	Criminal history record information obtained by the agency under
502	502	Subsection (a-1)(2) in the original form or any subsequent form:
503	503	(1) may be used only for a purpose authorized by the
504	504	Education Code;
505	505	(2) may not be released to any person except:
506	506	(A) the person who is the subject of the
507	507	information;
508	508	(B) the State Board for Educator Certification;
509	509	(C) a local or regional educational entity as
510	510	provided by Section 411.097; [or]
511	511	(D) by court order; or
512	512	(E) as provided by Subsection (c); and
513	513	(3) is not subject to disclosure as provided by
514	514	Chapter 552[; and
515	515	[(4) shall be destroyed by the agency after the
516	516	information is used for the authorized purposes].
517	517	(c) The Texas Education Agency is not prohibited from
518	518	disclosing criminal history record information obtained under
519	519	Subsection (a-1)(2) in a criminal proceeding or in a hearing
520	520	conducted by the Texas Education Agency or the State Board for
521	521	Educator Certification.
522	522	(d) The Texas Education Agency shall destroy criminal
523	523	history record information that is obtained under this section
524	524	after the information is used for its authorized purpose.
525	525	SECTION 16. Section 411.093, Government Code, is amended to
526	526	read as follows:
527	527	Sec. 411.093. ACCESS TO CRIMINAL HISTORY RECORD
528	528	INFORMATION: TEXAS DEPARTMENT OF LICENSING AND REGULATION. (a)
529	529	The Texas Department of Licensing and Regulation is entitled to
530	530	obtain [from the department] criminal history record information as
531	531	provided by Subsection (b) [maintained the department] that
532	532	relates to [a person who is]:
533	533	(1) an applicant for or the holder of:
534	534	(A) a driver education instructor license under
535	535	Chapter 1001, Education Code;
536	536	(B) a license under Chapter 202, Occupations
537	537	Code;
538	538	(C) a license under Chapter 401, Occupations
539	539	Code;
540	540	(D) a license under Chapter 402, Occupations Code
541	541	[a license, certificate, registration, title, or permit issued by
542	542	the department]; or
543	543	(E) an instructor license or motorcycle school
544	544	license under Chapter 662, Transportation Code;
545	545	(2) a person who is:
546	546	(A) an applicant for or the holder of a license
547	547	under Chapter 91, Labor Code; or
548	548	(B) a controlling person, as defined by Chapter
549	549	91, Labor Code, of an entity described by Paragraph (A); or
550	550	(3) a person who:
551	551	(A) is an applicant for or the holder of a license
552	552	under Chapter 455, Occupations Code; or
553	553	(B) has an interest described under Section
554	554	455.1525(e), Occupations Code, in an entity described by Paragraph
555	555	(A)[, certificate, registration, title, or permit issued by the
556	556	department].
557	557	(b) Subject to Section 411.087 and consistent with the
558	558	public policy of this state, the Texas Department of Licensing and
559	559	Regulation is entitled to:
560	560	(1) obtain through the Federal Bureau of Investigation
561	561	criminal history record information maintained or indexed by that
562	562	bureau that pertains to a person described by Subsection (a); and
563	563	(2) obtain from the department or any other criminal
564	564	justice agency in this state criminal history record information
565	565	maintained by the department or that criminal justice agency that
566	566	relates to a person described by Subsection (a).
567	567	(c) The Texas Department of Licensing and Regulation may not
568	568	release or disclose to any person criminal history record
569	569	information obtained from the Federal Bureau of Investigation under
570	570	Subsection (b)(1). Criminal history record information obtained by
571	571	the Texas Department of Licensing and Regulation under Subsection
572	572	(b)(2) may not be released or disclosed to any person except on
573	573	court order, with the written consent of the person who is the
574	574	subject of the criminal history record information, or as provided
575	575	by Subsection (d).
576	576	(d) The Texas Department of Licensing and Regulation is not
577	577	prohibited from disclosing criminal history record information
578	578	obtained under Subsection (b)(2) in a criminal proceeding or in a
579	579	hearing conducted by the Texas Department of Licensing and
580	580	Regulation or the State Office of Administrative Hearings.
581	581	(e) The Texas Department of Licensing and Regulation shall
582	582	destroy criminal history record information that is obtained under
583	583	this section after the information is used for its authorized
584	584	purpose.
585	585	SECTION 17. Section 411.095, Government Code, is amended to
586	586	read as follows:
587	587	Sec. 411.095. ACCESS TO CRIMINAL HISTORY RECORD
588	588	INFORMATION: CONSUMER CREDIT COMMISSIONER. (a) The consumer
589	589	credit commissioner is entitled to obtain [from the department]
590	590	criminal history record information as provided by Subsection (a-1)
591	591	that relates to a person who is:
592	592	(1) an applicant for or holder of a license or
593	593	registration under Chapter 180, 342, 347, 348, 351, 353, 371, 393,
594	594	or 394, Finance Code;
595	595	(2) an employee of or volunteer with the Office of
596	596	Consumer Credit Commissioner;
597	597	(3) an applicant for employment with the Office of
598	598	Consumer Credit Commissioner; [or]
599	599	(4) a contractor or subcontractor of the Office of
600	600	Consumer Credit Commissioner; or
601	601	(5) an officer, director, owner, or employee of a
602	602	person described by Subdivision (1) or another person having a
603	603	substantial relationship with that person under Chapter 180, 342,
604	604	347, 348, 351, 353, 371, 393, or 394, Finance Code.
605	605	(a-1) Subject to Section 411.087 and consistent with the
606	606	public policy of this state, the consumer credit commissioner is
607	607	entitled to:
608	608	(1) obtain through the Federal Bureau of Investigation
609	609	criminal history record information maintained or indexed by that
610	610	bureau that pertains to a person described by Subsection (a); and
611	611	(2) obtain from the department or any other criminal
612	612	justice agency in this state criminal history record information
613	613	maintained by the department or that criminal justice agency that
614	614	relates to a person described by Subsection (a).
615	615	(b) The consumer credit commissioner may not release or
616	616	disclose to any person criminal history record information obtained
617	617	from the Federal Bureau of Investigation under Subsection (a-1)(1).
618	618	The consumer credit commissioner may not release or disclose
619	619	criminal history record information obtained under Subsection
620	620	(a-1)(2) except [this section unless]:
621	621	(1) [the information is obtained from a
622	622	fingerprint-based search; and
623	623	[(2) the information is released or disclosed:
624	624	[(A)] on court order;
625	625	(2) [(B)] to the person who is the subject of the
626	626	criminal history record information; [or]
627	627	(3) [(C)] with the consent of the person who is the
628	628	subject of the criminal history record information; or
629	629	(4) in a hearing where the Office of Consumer Credit
630	630	Commissioner is a party.
631	631	(c) The consumer credit commissioner shall destroy criminal
632	632	history record information that is obtained under this section
633	633	after the information is used for its authorized purpose.
634	634	SECTION 18. Section 411.096, Government Code, is amended to
635	635	read as follows:
636	636	Sec. 411.096. ACCESS TO CRIMINAL HISTORY RECORD
637	637	INFORMATION: TEXAS RACING COMMISSION. (a) The Texas Racing
638	638	Commission is entitled to obtain as provided by Subsection (a-1)
639	639	[from the department] criminal history record information
640	640	[maintained by the department] that relates [pertains] to [a person
641	641	who is]:
642	642	(1) a person who:
643	643	(A) is an applicant for or the holder of a license
644	644	or certificate under Chapter 2025, Occupations Code;
645	645	(B) is an owner or manager of an applicant or
646	646	license holder described by Paragraph (A); or
647	647	(C) has an interest described under Chapter 2025,
648	648	Occupations Code, in an entity described by that chapter;
649	649	(2) an applicant for employment at or current employee
650	650	of:
651	651	(A) the Texas Racing Commission; or
652	652	(B) a place of employment within the racing
653	653	industry of this state; or
654	654	(3) an applicant for employment at, current employee
655	655	of, or person who contracts or may contract to provide goods or
656	656	services with the Texas Racing Commission [appointed to the
657	657	commission;
658	658	[(2) an applicant for employment by the commission; or
659	659	[(3) an applicant for a license under Subtitle A-1,
660	660	Title 13, Occupations Code (Texas Racing Act)].
661	661	(a-1) Subject to Section 411.087 and consistent with the
662	662	public policy of this state, the Texas Racing Commission is
663	663	entitled to:
664	664	(1) obtain through the Federal Bureau of Investigation
665	665	criminal history record information maintained or indexed by that
666	666	bureau that pertains to a person described by Subsection (a); and
667	667	(2) obtain from the department or any other criminal
668	668	justice agency in this state criminal history record information
669	669	maintained by the department or that criminal justice agency that
670	670	relates to a person described by Subsection (a).
671	671	(b) The Texas Racing Commission may not release or disclose
672	672	to any person criminal history record information obtained from the
673	673	Federal Bureau of Investigation under Subsection (a-1)(1).
674	674	Criminal history record information obtained by the Texas Racing
675	675	Commission [commission] under Subsection (a-1)(2) [(a)] may not be
676	676	released or disclosed to any person except [in a criminal
677	677	proceeding, in a hearing conducted by the commission,] on court
678	678	order, [or] with the written consent of the person who is the
679	679	subject of the criminal history record information, or as provided
680	680	by Subsection (c) [applicant].
681	681	(c) The Texas Racing Commission is not prohibited from
682	682	disclosing criminal history record information obtained under
683	683	Subsection (a-1)(2) in a criminal proceeding or in a hearing
684	684	conducted by the Texas Racing Commission or the State Office of
685	685	Administrative Hearings.
686	686	(d) The Texas Racing Commission shall destroy criminal
687	687	history record information that is obtained under this section
688	688	after the information is used for its authorized purpose.
689	689	SECTION 19. Section 411.097, Government Code, is amended by
690	690	amending Subsections (a), (b), (c), and (d) and adding Subsections
691	691	(c-1), (g), and (h) to read as follows:
692	692	(a) A school district, charter school, private school,
693	693	regional education service center, commercial transportation
694	694	company, or education shared services arrangement, or an entity
695	695	that contracts to provide services to a school district, charter
696	696	school, or shared services arrangement, is entitled to obtain [from
697	697	the department] criminal history record information as provided by
698	698	Subsection (c-1) [maintained by the department] that the district,
699	699	school, service center, shared services arrangement, or entity is
700	700	required or authorized to obtain under Subchapter C, Chapter 22,
701	701	Education Code, that relates to a person who is:
702	702	(1) an applicant for employment by the district,
703	703	school, service center, or shared services arrangement;
704	704	(2) an employee of or an applicant for employment with
705	705	a public or commercial transportation company that contracts with
706	706	the district, school, service center, or shared services
707	707	arrangement to provide transportation services if the employee
708	708	drives or the applicant will drive a bus in which students are
709	709	transported or is employed or is seeking employment as a bus monitor
710	710	or bus aide on a bus in which students are transported; [or]
711	711	(3) an employee of or applicant for employment by an
712	712	entity that contracts to provide services to a school district,
713	713	charter school, or shared services arrangement as provided by
714	714	Section 22.0834 [or 22.08341], Education Code;
715	715	(4) an employee of or applicant for employment by a
716	716	subcontractor of an entity that contracts to provide services to a
717	717	school district, charter school, or shared services arrangement as
718	718	provided by Section 22.0834, Education Code; or
719	719	(5) a tutor who provides services on behalf of a
720	720	service provider that offers accelerated or supplemental
721	721	instruction under Section 28.0211, Education Code.
722	722	(b) A school district, charter school, private school,
723	723	regional education service center, or education shared services
724	724	arrangement is entitled to obtain [from the department] criminal
725	725	history record information as provided by Subsection (c-1)
726	726	[maintained by the department] that the district, school, service
727	727	center, or shared services arrangement is required or authorized to
728	728	obtain under Subchapter C, Chapter 22, Education Code, that relates
729	729	to a person who is a volunteer, student teacher, or employee of the
730	730	district, school, service center, or shared services arrangement.
731	731	(c) An open-enrollment charter school is entitled to obtain
732	732	[from the department] criminal history record information as
733	733	provided by Subsection (c-1) [maintained by the department] that
734	734	relates to a person who:
735	735	(1) is a member of the governing body of the school, as
736	736	defined by Section 12.1012, Education Code; or
737	737	(2) has agreed to serve as a member of the governing
738	738	body of the school.
739	739	(c-1) Subject to Section 411.087 and consistent with the
740	740	public policy of this state:
741	741	(1) a school district, charter school, regional
742	742	education service center, or education shared services arrangement
743	743	is entitled to obtain through the Federal Bureau of Investigation
744	744	criminal history record information maintained or indexed by that
745	745	bureau that pertains to a person described by Subsection (a), (b),
746	746	or (c), as applicable; and
747	747	(2) a school district, charter school, private school,
748	748	regional education service center, commercial transportation
749	749	company, or education shared services arrangement, or an entity
750	750	that contracts to provide services to a school district, charter
751	751	school, or shared services arrangement, is entitled to obtain from
752	752	the department or any other criminal justice agency in this state
753	753	criminal history record information maintained by the department or
754	754	that criminal justice agency that relates to a person described by
755	755	Subsection (a), (b), or (c), as applicable.
756	756	(d) A school district, charter school, regional education
757	757	service center, or education shared services arrangement may not
758	758	release or disclose to any person criminal history record
759	759	information obtained from the Federal Bureau of Investigation under
760	760	Subsection (c-1)(1). Criminal history record information obtained
761	761	by a school district, charter school, private school, service
762	762	center, commercial transportation company, or shared services
763	763	arrangement, or obtained by an entity that contracts to provide
764	764	services to a school district, charter school, or shared services
765	765	arrangement, under Subsection (c-1)(2) in the original form or any
766	766	subsequent form:
767	767	(1) may not be released to any person except:
768	768	(A) the individual who is the subject of the
769	769	information;
770	770	(B) the Texas Education Agency;
771	771	(C) the State Board for Educator Certification;
772	772	(D) the chief personnel officer of the
773	773	transportation company, if the information is obtained under
774	774	Subsection (a)(2); or
775	775	(E) by court order; and
776	776	(2) is not subject to disclosure as provided by
777	777	Chapter 552[; and
778	778	[(3) shall be destroyed by the school district,
779	779	charter school, private school, service center, commercial
780	780	transportation company, or shared services arrangement on the
781	781	earlier of:
782	782	[(A) the first anniversary of the date the
783	783	information was originally obtained; or
784	784	[(B) the date the information is used for the
785	785	authorized purpose].
786	786	(g) A school district, charter school, private school,
787	787	regional education service center, commercial transportation
788	788	company, or education shared services arrangement or an entity that
789	789	contracts to provide services to a school district, charter school,
790	790	or shared services arrangement, as applicable, is not prohibited
791	791	from disclosing criminal history record information obtained under
792	792	Subsection (c-1)(2) in a criminal proceeding or in a hearing
793	793	conducted by the Texas Education Agency or the State Board for
794	794	Educator Certification.
795	795	(h) A school district, charter school, private school,
796	796	regional education service center, commercial transportation
797	797	company, or education shared services arrangement or an entity that
798	798	contracts to provide services to a school district, charter school,
799	799	or shared services arrangement, as applicable, shall destroy
800	800	criminal history record information that is obtained under this
801	801	section after the information is used for its authorized purpose.
802	802	SECTION 20. Section 411.0995, Government Code, is amended
803	803	to read as follows:
804	804	Sec. 411.0995. ACCESS TO CRIMINAL HISTORY RECORD
805	805	INFORMATION: STATE BOARD OF VETERINARY MEDICAL EXAMINERS. (a) The
806	806	State Board of Veterinary Medical Examiners is entitled to obtain
807	807	[from the department] criminal history record information as
808	808	provided by Subsection (b) [maintained by the department] that
809	809	relates to a license under Chapter 801, Occupations Code, for a
810	810	person who is:
811	811	(1) an applicant for:
812	812	(A) a license, temporary license, or special
813	813	license to practice veterinary medicine;
814	814	(B) a veterinary technician license; or
815	815	(C) an equine dental provider license; or
816	816	(2) a holder of a license described by Subdivision
817	817	(1)(A), (B), or (C) [(1) an applicant for a license to practice
818	818	equine dentistry under Chapter 801, Occupations Code; or
819	819	[(2) the holder of a license under that chapter].
820	820	(b) Subject to Section 411.087 and consistent with the
821	821	public policy of this state, the State Board of Veterinary Medical
822	822	Examiners is entitled to:
823	823	(1) obtain through the Federal Bureau of Investigation
824	824	criminal history record information maintained or indexed by that
825	825	bureau that pertains to a person described by Subsection (a); and
826	826	(2) obtain from the department or any other criminal
827	827	justice agency in this state criminal history record information
828	828	maintained by the department or that criminal justice agency that
829	829	relates to a person described by Subsection (a).
830	830	(c) The State Board of Veterinary Medical Examiners may not
831	831	release or disclose to any person criminal history record
832	832	information obtained from the Federal Bureau of Investigation under
833	833	Subsection (b)(1). Criminal history record information obtained by
834	834	the State Board of Veterinary Medical Examiners under Subsection
835	835	(b)(2) may not be released or disclosed to any person except on
836	836	court order, with the written consent of the person who is the
837	837	subject of the criminal history record information, or as provided
838	838	by Subsection (d).
839	839	(d) The State Board of Veterinary Medical Examiners is not
840	840	prohibited from disclosing criminal history record information
841	841	obtained under Subsection (b)(2) in a criminal proceeding or in a
842	842	hearing conducted by the State Board of Veterinary Medical
843	843	Examiners.
844	844	(e) The State Board of Veterinary Medical Examiners shall
845	845	destroy criminal history record information that is obtained under
846	846	this section after the information is used for its authorized
847	847	purpose.
848	848	SECTION 21. Section 411.105, Government Code, is amended to
849	849	read as follows:
850	850	Sec. 411.105. ACCESS TO CRIMINAL HISTORY RECORD
851	851	INFORMATION: TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY. (a) The
852	852	Texas State Board of Public Accountancy is entitled to obtain [from
853	853	the department] criminal history record information as provided by
854	854	Subsection (b) [maintained by the department] that relates to [a
855	855	person who is]:
856	856	(1) an applicant for a license or certification as a
857	857	certified public accountant under Chapter 901, Occupations Code;
858	858	[or]
859	859	(2) an applicant to take the uniform certified public
860	860	accountant [CPA] examination under Chapter 901, Occupations Code;
861	861	(3) an applicant for reinstatement of a license or
862	862	certificate under Chapter 901, Occupations Code;
863	863	(4) an applicant for a license or certification
864	864	renewal under Chapter 901, Occupations Code; or
865	865	(5) an owner or an individual who seeks to become an
866	866	owner of a certified public accountancy firm if the owner or
867	867	prospective owner is not a license holder under Chapter 901,
868	868	Occupations Code [that Act].
869	869	(b) Subject to Section 411.087 of this code and Section
870	870	901.169, Occupations Code, and consistent with the public policy of
871	871	this state, the Texas State Board of Public Accountancy is entitled
872	872	to:
873	873	(1) obtain through the Federal Bureau of Investigation
874	874	criminal history record information maintained or indexed by that
875	875	bureau that pertains to a person described by Subsection (a); and
876	876	(2) obtain from the department or any other criminal
877	877	justice agency in this state criminal history record information
878	878	maintained by the department or that criminal justice agency that
879	879	relates to a person described by Subsection (a).
880	880	(c) The Texas State Board of Public Accountancy may not
881	881	release or disclose to any person criminal history record
882	882	information obtained from the Federal Bureau of Investigation under
883	883	Subsection (b)(1). Criminal history record information obtained by
884	884	the board under Subsection (b)(2) may not be released or disclosed
885	885	to any person except on court order, with the written consent of the
886	886	person who is the subject of the criminal history record
887	887	information, or as provided by Subsection (d).
888	888	(d) The board is not prohibited from disclosing criminal
889	889	history record information obtained under Subsection (b)(2) in a
890	890	criminal proceeding or in a hearing conducted by or on behalf of the
891	891	board.
892	892	(e) The board shall destroy criminal history record
893	893	information that is obtained under this section after the
894	894	information is used for its authorized purpose.
895	895	SECTION 22. Section 411.106, Government Code, is amended to
896	896	read as follows:
897	897	Sec. 411.106. ACCESS TO CRIMINAL HISTORY RECORD
898	898	INFORMATION: TEXAS DEPARTMENT OF INSURANCE. (a) The Texas
899	899	Department of Insurance [for good cause shown] is entitled to
900	900	obtain [from the department] criminal history record information as
901	901	provided by Subsection (a-1) [maintained by the department] that
902	902	relates to a person who is:
903	903	(1) an applicant for a license, permit, certificate of
904	904	authority, certificate of registration, or other authorization
905	905	issued by the Texas Department [State Board] of Insurance to engage
906	906	in an activity regulated under the Insurance Code; or
907	907	(2) a corporate officer or director of an insurance
908	908	company regulated by the Texas Department of Insurance.
909	909	(a-1) Subject to Section 411.087 and consistent with the
910	910	public policy of this state, the Texas Department of Insurance is
911	911	entitled to:
912	912	(1) obtain through the Federal Bureau of Investigation
913	913	criminal history record information maintained or indexed by that
914	914	bureau that pertains to a person described by Subsection (a); and
915	915	(2) obtain from the department or any other criminal
916	916	justice agency in this state criminal history record information
917	917	maintained by the department or that criminal justice agency that
918	918	relates to a person described by Subsection (a).
919	919	(b) The Texas Department of Insurance may not release or
920	920	disclose to any person criminal history record information obtained
921	921	from the Federal Bureau of Investigation under Subsection (a-1)(1).
922	922	Criminal history record information obtained by the Texas
923	923	Department of Insurance under Subsection (a-1)(2) [(a)] may not be
924	924	disclosed or released to any person except on court order, [or] with
925	925	the written consent of the person who is the subject of the criminal
926	926	history record information, or as provided by Subsection (b-1).
927	927	(b-1) The Texas Department of Insurance is not prohibited
928	928	from disclosing criminal history record information obtained under
929	929	Subsection (a-1)(2) in a criminal proceeding or in a hearing
930	930	conducted by the Texas Department of Insurance.
931	931	(c) The [After the] Texas Department of Insurance [makes a
932	932	determination as to the issuance of a license or certificate of
933	933	authority to an applicant, the Texas Department of Insurance] shall
934	934	destroy [seal the] criminal history record information that is
935	935	obtained under this section after the information is used for its
936	936	authorized purpose [regarding the applicant and shall deliver the
937	937	information to the commissioner of insurance or the commissioner's
938	938	designee, who shall maintain the information as provided by State
939	939	Board of Insurance rule].
940	940	SECTION 23. Section 411.107, Government Code, is amended to
941	941	read as follows:
942	942	Sec. 411.107. ACCESS TO CRIMINAL HISTORY RECORD
943	943	INFORMATION: RECEIVER. (a) In this section, "receiver" has the
944	944	meaning assigned by Section 443.004 [Article 21.28], Insurance
945	945	Code.
946	946	(b) A receiver is entitled to obtain [from the department]
947	947	criminal history record information as provided by Subsection (b-1)
948	948	[maintained by the department] that relates to a person:
949	949	(1) who is a creditor or claimant of the receivership
950	950	estate; or
951	951	(2) against whom the receivership estate has a claim
952	952	[the receiver believes is necessary for the investigation of any
953	953	matter relating to a receivership estate].
954	954	(b-1) A receiver is entitled to obtain from the department
955	955	or any other criminal justice agency in this state criminal history
956	956	record information maintained by the department or that criminal
957	957	justice agency that relates to a person described by Subsection
958	958	(b).
959	959	(c) Criminal history record information obtained by a
960	960	receiver under Subsection (b-1) [(b)] may not be released or
961	961	disclosed to any person except on court order or with the written
962	962	consent of the person who is the subject of the criminal history
963	963	record information.
964	964	(d) A receiver shall [may] destroy criminal history record
965	965	information obtained by the receiver under this section [Subsection
966	966	(b)] after the purpose for which the information was obtained is
967	967	accomplished.
968	968	SECTION 24. Section 411.108, Government Code, is amended to
969	969	read as follows:
970	970	Sec. 411.108. ACCESS TO CRIMINAL HISTORY RECORD
971	971	INFORMATION: TEXAS LOTTERY COMMISSION. (a) The Texas Lottery
972	972	Commission is entitled to obtain [from the department] criminal
973	973	history record information as provided by Subsection (a-2)
974	974	[maintained by the department] that relates to a person who, under
975	975	Section 466.201 [under Chapter 466], is:
976	976	(1) a sales agent or an applicant for a sales agent
977	977	license;
978	978	(2) a person required to be named in a license
979	979	application;
980	980	(3) a lottery operator or prospective lottery operator
981	981	who has submitted a written proposal to the commission in
982	982	connection with the procurement of lottery operations and services
983	983	by the commission;
984	984	(4) an employee of a lottery operator or prospective
985	985	lottery operator, if the employee is or will be directly involved in
986	986	lottery operations;
987	987	(5) a person who manufactures or distributes lottery
988	988	equipment or supplies or a representative of a person who
989	989	manufactures or distributes lottery equipment or supplies offered
990	990	to the lottery;
991	991	(6) a person who has submitted a written bid or
992	992	proposal to the commission in connection with the procurement of
993	993	goods or services by the commission, if the amount of the bid or
994	994	proposal exceeds $500;
995	995	(7) an employee or other person who works for or will
996	996	work for a sales agent or an applicant for a sales agent license;
997	997	(8) a person who proposes to enter into or who has a
998	998	contract with the commission to supply goods or services to the
999	999	commission;
1000	1000	(9) if a person described in Subdivisions (1) through
1001	1001	(8) of this section is not an individual, an individual who:
1002	1002	(A) is an officer or director of the person;
1003	1003	(B) holds more than 10 percent of the stock in the
1004	1004	person;
1005	1005	(C) holds an equitable interest greater than 10
1006	1006	percent in the person;
1007	1007	(D) is a creditor of the person who holds more
1008	1008	than 10 percent of the person's outstanding debt;
1009	1009	(E) is the owner or lessee of a business that the
1010	1010	person conducts or through which the person will conduct
1011	1011	lottery-related activities;
1012	1012	(F) shares or will share in the profits, other
1013	1013	than stock dividends, of the person;
1014	1014	(G) participates in managing the affairs of the
1015	1015	person; or
1016	1016	(H) is an employee of the person who is or will be
1017	1017	involved in:
1018	1018	(i) selling tickets; or
1019	1019	(ii) handling money from the sale of
1020	1020	tickets;
1021	1021	(10) the executive director or a prospective executive
1022	1022	director of the commission;
1023	1023	(11) an employee or prospective employee of the
1024	1024	commission; or
1025	1025	(12) a sales agent whose license is renewed under
1026	1026	Section 466.158.
1027	1027	(a-1) The Texas Lottery Commission is entitled to obtain
1028	1028	[from the department] criminal history record information as
1029	1029	provided by Subsection (a-2) [maintained by the department] that
1030	1030	relates to a person licensed under Chapter 2001, Occupations Code,
1031	1031	or described by Section 2001.3025, Occupations Code.
1032	1032	(a-2) Subject to Sections 411.087, 466.201, and 467.036(b)
1033	1033	of this code and Section 2001.3025, Occupations Code, and
1034	1034	consistent with the public policy of this state, the Texas Lottery
1035	1035	Commission is entitled to:
1036	1036	(1) obtain through the Federal Bureau of Investigation
1037	1037	criminal history record information maintained or indexed by that
1038	1038	bureau that pertains to a person described by Subsection (a) or
1039	1039	(a-1); and
1040	1040	(2) obtain from the department or any other criminal
1041	1041	justice agency in this state criminal history record information
1042	1042	maintained by the department or that criminal justice agency that
1043	1043	relates to a person described by Subsection (a) or (a-1).
1044	1044	(b) The Texas Lottery Commission may not release or disclose
1045	1045	to any person criminal history record information obtained from the
1046	1046	Federal Bureau of Investigation under Subsection (a-2)(1).
1047	1047	Criminal history record information obtained by the commission
1048	1048	under Subsection (a-2)(2) [(a) or (a-1)] may not be released or
1049	1049	disclosed to any person except on court order, with the written
1050	1050	consent of the person who is the subject of the criminal history
1051	1051	record information, or as provided by Subsection (c) or (d).
1052	1052	(c) The Texas Lottery Commission [commission] is not
1053	1053	prohibited from disclosing to the person who is the subject of the
1054	1054	criminal history record information obtained under Subsection
1055	1055	(a-2)(2) the dates and places of arrests, offenses, and
1056	1056	dispositions contained in the [criminal history record]
1057	1057	information.
1058	1058	(d) The Texas Lottery Commission is not prohibited from
1059	1059	disclosing criminal history record information obtained under
1060	1060	Subsection (a-2)(2) in a criminal proceeding or in a hearing
1061	1061	conducted by the State Office of Administrative Hearings.
1062	1062	(e) The Texas Lottery Commission shall destroy criminal
1063	1063	history record information that is obtained under this section
1064	1064	after the information is used for its authorized purpose.
1065	1065	SECTION 25. Section 411.109, Government Code, is amended by
1066	1066	amending Subsections (a), (b), and (d) and adding Subsections (c),
1067	1067	(f), and (g) to read as follows:
1068	1068	(a) The comptroller is entitled to obtain [from the
1069	1069	department] criminal history record information as provided by
1070	1070	Subsection (c) [maintained by the department] that the comptroller
1071	1071	believes is necessary for the enforcement or administration of
1072	1072	Chapter 103, Civil Practice and Remedies Code, or Chapter 151, 152,
1073	1073	154, 155, or 162, Tax Code, including criminal history record
1074	1074	information that relates to a person who is:
1075	1075	(1) an applicant for a permit under any of those
1076	1076	chapters;
1077	1077	(2) a permit holder under any of those chapters;
1078	1078	(3) an officer, director, stockholder owning 10
1079	1079	percent or more of the outstanding stock, partner, owner, or
1080	1080	managing employee of an applicant or permit holder under any of
1081	1081	those chapters that is a corporation, association, joint venture,
1082	1082	syndicate, partnership, or proprietorship;
1083	1083	(4) believed to have violated any of those chapters;
1084	1084	(5) being considered by the comptroller for employment
1085	1085	as a peace officer; or
1086	1086	(6) receiving, scheduled to receive, or applying to
1087	1087	receive compensation under Chapter 103, Civil Practice and Remedies
1088	1088	Code.
1089	1089	(b) The comptroller is entitled to obtain [from the
1090	1090	department] criminal history record information as provided by
1091	1091	Subsection (c) [maintained by the department] that relates to a
1092	1092	person who is an employee, intern, learner, trainee, contractor,
1093	1093	subcontractor, apprentice, or volunteer of, or who is an applicant
1094	1094	for employment or service in one of those capacities with, the
1095	1095	comptroller's office in a position that involves:
1096	1096	(1) handling currency, checks, or other funds;
1097	1097	(2) having access to taxpayer account information;
1098	1098	(3) working in a location designated by the
1099	1099	comptroller as a security-sensitive area; [or]
1100	1100	(4) performing financial management duties designated
1101	1101	by the comptroller as security sensitive;
1102	1102	(5) performing work on a computer system; or
1103	1103	(6) having remote access to comptroller computer
1104	1104	systems, information technology, or information technology
1105	1105	resources.
1106	1106	(c) Subject to Section 411.087 and consistent with the
1107	1107	public policy of this state, the comptroller is entitled to:
1108	1108	(1) obtain through the Federal Bureau of Investigation
1109	1109	criminal history record information maintained or indexed by that
1110	1110	bureau that pertains to a person described by Subsection (a) or (b);
1111	1111	and
1112	1112	(2) obtain from the department or any other criminal
1113	1113	justice agency in this state criminal history record information
1114	1114	maintained by the department or that criminal justice agency that
1115	1115	relates to a person described by Subsection (a) or (b).
1116	1116	(d) The comptroller may not release or disclose to any
1117	1117	person criminal history record information obtained from the
1118	1118	Federal Bureau of Investigation under Subsection (c)(1). Criminal
1119	1119	history record information obtained by the comptroller under
1120	1120	Subsection (c)(2) [Subsections (a), (b), and (c)] may not be
1121	1121	released or disclosed to any person except on court order, with the
1122	1122	written consent of the person who is the subject of the criminal
1123	1123	history record information, or as provided by Subsection (e) or
1124	1124	(f).
1125	1125	(f) The comptroller is not prohibited from disclosing
1126	1126	criminal history record information obtained under Subsection
1127	1127	(c)(2) in a criminal proceeding or in a hearing conducted by the
1128	1128	comptroller.
1129	1129	(g) The comptroller shall destroy criminal history record
1130	1130	information that is obtained under this section after the
1131	1131	information is used for its authorized purpose.
1132	1132	SECTION 26. Section 411.110, Government Code, is amended by
1133	1133	amending Subsections (a), (b), (c), and (e) and adding Subsection
1134	1134	(a-1) to read as follows:
1135	1135	(a) The Department of State Health Services and the Health
1136	1136	and Human Services Commission are entitled to obtain [from the
1137	1137	department] criminal history record information as provided by
1138	1138	Subsection (a-1) [maintained by the department] that relates to a
1139	1139	person who is:
1140	1140	(1) [a person who is:
1141	1141	[(A)] an applicant for a license or certificate
1142	1142	under Chapter 773, Health and Safety Code, [the Emergency Health
1143	1143	Care Act (Chapter 773, Health and Safety Code);]
1144	1144	[(B)] an owner or manager of an applicant for an
1145	1145	emergency medical services provider license under that chapter,
1146	1146	[Act;] or
1147	1147	[(C)] the holder of a license or certificate
1148	1148	under that chapter [Act];
1149	1149	(2) an applicant for a license or a license holder
1150	1150	under Subchapter I, L, or [Subchapter] N, Chapter 431, Health and
1151	1151	Safety Code;
1152	1152	(3) an applicant for employment at or current employee
1153	1153	of:
1154	1154	(A) a public health hospital as defined by
1155	1155	Section 13.033, Health and Safety Code; or
1156	1156	(B) the South Texas Health Care System;
1157	1157	(4) an applicant for employment at, current employee
1158	1158	of, or person who contracts or may contract to provide goods or
1159	1159	services with the Council on Sex Offender Treatment or other
1160	1160	division or component of the Health and Human Services Commission
1161	1161	that monitors sexually violent predators as described by Section
1162	1162	841.003(a), Health and Safety Code; [or]
1163	1163	(5) [a person] authorized to access vital records or
1164	1164	the vital records electronic registration system under Chapter 191,
1165	1165	Health and Safety Code, including an employee of or contractor for
1166	1166	the Department of State Health Services, a local registrar, a
1167	1167	medical professional, or a funeral director; or
1168	1168	(6) an applicant for a license or a license holder
1169	1169	under Subchapter C, Chapter 443, Health and Safety Code.
1170	1170	(a-1) Subject to Section 411.087 and consistent with the
1171	1171	public policy of this state, the Department of State Health
1172	1172	Services and the Health and Human Services Commission are entitled
1173	1173	to:
1174	1174	(1) obtain through the Federal Bureau of Investigation
1175	1175	criminal history record information maintained or indexed by that
1176	1176	bureau that pertains to a person described by Subsection (a); and
1177	1177	(2) obtain from the department or any other criminal
1178	1178	justice agency in this state criminal history record information
1179	1179	maintained by the department or that criminal justice agency that
1180	1180	relates to a person described by Subsection (a).
1181	1181	(b) The Department of State Health Services or the Health
1182	1182	and Human Services Commission, as applicable, may not release or
1183	1183	disclose to any person criminal history record information obtained
1184	1184	from the Federal Bureau of Investigation under Subsection
1185	1185	(a-1)(1). Criminal history record information obtained by the
1186	1186	Department of State Health Services or the Health and Human
1187	1187	Services Commission under Subsection (a-1)(2) [(a)] may not be
1188	1188	released or disclosed to any person except:
1189	1189	(1) on court order;
1190	1190	(2) [,] with the written consent of the person who [or
1191	1191	entity that] is the subject of the criminal history record
1192	1192	information;
1193	1193	(3) between the Department of State Health Services
1194	1194	and the Health and Human Services Commission to share with the other
1195	1195	agency information obtained under this section for the purposes
1196	1196	authorized by this section; or
1197	1197	(4) [, or] as provided by Subsection (e).
1198	1198	(c) The [After an entity is licensed or certified, the]
1199	1199	Department of State Health Services or the Health and Human
1200	1200	Services Commission, as applicable, shall destroy the criminal
1201	1201	history record information that is obtained under this section
1202	1202	after the information is used for its authorized purpose [relates
1203	1203	to that entity. The Department of State Health Services or the
1204	1204	Health and Human Services Commission, as applicable, shall destroy
1205	1205	the criminal history record information that relates to:
1206	1206	[(1) an applicant for employment after that applicant
1207	1207	is employed or, for an applicant who is not employed, after the
1208	1208	check of the criminal history record information on that applicant
1209	1209	is completed; or
1210	1210	[(2) an employee or contractor after the check of the
1211	1211	criminal history record information on that employee or contractor
1212	1212	is completed].
1213	1213	(e) The Department of State Health Services or the Health
1214	1214	and Human Services Commission, as applicable, is not prohibited
1215	1215	from disclosing criminal history record information obtained under
1216	1216	Subsection (a-1)(2) [(a)] in a criminal proceeding or in a hearing
1217	1217	conducted by that agency [the Department of State Health Services
1218	1218	or the Health and Human Services Commission, as applicable].
1219	1219	SECTION 27. Section 411.1103, Government Code, is amended
1220	1220	to read as follows:
1221	1221	Sec. 411.1103. ACCESS TO CRIMINAL HISTORY RECORD
1222	1222	INFORMATION: [DEPARTMENT OF STATE HEALTH SERVICES AND] HEALTH AND
1223	1223	HUMAN SERVICES COMMISSION. (a) The [Department of State Health
1224	1224	Services and the] Health and Human Services Commission is [are]
1225	1225	entitled to obtain [from the department] criminal history record
1226	1226	information as provided by Subsection (d) [maintained by the
1227	1227	department] that relates to a person:
1228	1228	(1) who is:
1229	1229	(A) an applicant for employment at a state
1230	1230	hospital established under Chapter 552, Health and Safety Code;
1231	1231	(B) an employee of a state hospital established
1232	1232	under Chapter 552, Health and Safety Code;
1233	1233	(C) a person who contracts or may contract to
1234	1234	provide goods or services to the [Department of State Health
1235	1235	Services or the] Health and Human Services Commission, as
1236	1236	applicable, at a state hospital established under Chapter 552,
1237	1237	Health and Safety Code, or an employee of or applicant for
1238	1238	employment with that person;
1239	1239	(D) a volunteer with a state hospital established
1240	1240	under Chapter 552, Health and Safety Code; or
1241	1241	(E) an applicant for a volunteer position with a
1242	1242	state hospital established under Chapter 552, Health and Safety
1243	1243	Code; and
1244	1244	(2) who would be placed in direct contact with a
1245	1245	patient at a state hospital established under Chapter 552, Health
1246	1246	and Safety Code.
1247	1247	(b) The Health and Human Services Commission may not release
1248	1248	or disclose to any person criminal history record information
1249	1249	obtained from the Federal Bureau of Investigation under Subsection
1250	1250	(d)(1). Criminal history record information obtained by the
1251	1251	[Department of State Health Services or the] Health and Human
1252	1252	Services Commission under Subsection (d)(2) [this section] may not
1253	1253	be released or disclosed to any person except:
1254	1254	(1) on court order;
1255	1255	(2) with the consent of the person who is the subject
1256	1256	of the criminal history record information;
1257	1257	(3) for purposes of an administrative hearing held by
1258	1258	the [Department of State Health Services or the] Health and Human
1259	1259	Services Commission[, as applicable,] concerning the person who is
1260	1260	the subject of the criminal history record information; or
1261	1261	(4) as provided by Subsection (c).
1262	1262	(c) The [Department of State Health Services or the] Health
1263	1263	and Human Services Commission is not prohibited from releasing
1264	1264	criminal history record information obtained under Subsection
1265	1265	(d)(2) [this section] to the person who is the subject of the
1266	1266	criminal history record information.
1267	1267	(d) Subject to Section 411.087 and consistent with the
1268	1268	public policy of this state, the [Department of State Health
1269	1269	Services and the] Health and Human Services Commission is [are]
1270	1270	entitled to:
1271	1271	(1) obtain through the Federal Bureau of Investigation
1272	1272	criminal history record information maintained or indexed by that
1273	1273	bureau that pertains to a person described by Subsection (a); and
1274	1274	(2) obtain from the department or any other criminal
1275	1275	justice agency in this state criminal history record information
1276	1276	maintained by the department or that criminal justice agency that
1277	1277	relates to a person described by Subsection (a).
1278	1278	(e) This section does not prohibit the [Department of State
1279	1279	Health Services or the] Health and Human Services Commission from
1280	1280	obtaining and using criminal history record information as provided
1281	1281	by other law.
1282	1282	(f) The Health and Human Services Commission shall destroy
1283	1283	criminal history record information that is obtained under this
1284	1284	section after the information is used for its authorized purpose.
1285	1285	SECTION 28. Section 411.1105, Government Code, is amended
1286	1286	to read as follows:
1287	1287	Sec. 411.1105. ACCESS TO CRIMINAL HISTORY RECORD
1288	1288	INFORMATION: [DEPARTMENT OF STATE HEALTH SERVICES AND] HEALTH AND
1289	1289	HUMAN SERVICES COMMISSION. (a) The [Department of State Health
1290	1290	Services and the] Health and Human Services Commission is [are]
1291	1291	entitled to obtain [from the department] criminal history record
1292	1292	information as provided by Subsections (a-1) and (b) [maintained by
1293	1293	the department] that relates to a person who is:
1294	1294	(1) an applicant for a chemical dependency counselor's
1295	1295	license, a counselor intern's registration, or a clinical
1296	1296	supervisor certification under Chapter 504, Occupations Code; or
1297	1297	(2) the holder of a license, registration, or
1298	1298	certification under that chapter.
1299	1299	(a-1) Subject to Section 411.087 and consistent with the
1300	1300	public policy of this state, the Health and Human Services
1301	1301	Commission is entitled to:
1302	1302	(1) obtain through the Federal Bureau of Investigation
1303	1303	criminal history record information maintained or indexed by that
1304	1304	bureau that pertains to a person described by Subsection (a); and
1305	1305	(2) obtain from the department or any other criminal
1306	1306	justice agency in this state criminal history record information
1307	1307	maintained by the department or that criminal justice agency that
1308	1308	relates to a person described by Subsection (a).
1309	1309	(b) In addition to information obtained from the Federal
1310	1310	Bureau of Investigation under Subsection (a-1)(1) and Section
1311	1311	411.087, the [Department of State Health Services and the] Health
1312	1312	and Human Services Commission is [are] entitled to obtain
1313	1313	information relating to the wanted persons status of an individual
1314	1314	listed in Subsection (a).
1315	1315	(c) The Health and Human Services Commission may not release
1316	1316	or disclose to any person criminal history record information
1317	1317	obtained from the Federal Bureau of Investigation under Subsection
1318	1318	(a-1)(1) or (b). Criminal history record information obtained by
1319	1319	the [Department of State Health Services or the] Health and Human
1320	1320	Services Commission under Subsection (a-1)(2) [(a)] may not be
1321	1321	released or disclosed to any person except:
1322	1322	(1) on court order;
1323	1323	(2) [,] with the consent of the person who is the
1324	1324	subject of the criminal history record information; [,] or
1325	1325	(3) as provided by Subsection (d).
1326	1326	(d) The [Department of State Health Services or the] Health
1327	1327	and Human Services Commission[, as applicable,] may provide the
1328	1328	applicant or licensee with a copy of the person's criminal history
1329	1329	record information obtained from the Department of Public Safety [,
1330	1330	Federal Bureau of Investigation identification division,] or
1331	1331	another law enforcement agency under Subsection (a-1)(2).
1332	1332	(e) This section does not prohibit the Health and Human
1333	1333	Services Commission from obtaining and using criminal history
1334	1334	record information as provided by other law.
1335	1335	(f) The Health and Human Services Commission shall destroy
1336	1336	criminal history record information that is obtained under this
1337	1337	section after the information is used for its authorized purpose.
1338	1338	SECTION 29. Section 411.1106, Government Code, is amended
1339	1339	by amending Subsections (b), (c), (d), and (e) and adding
1340	1340	Subsections (b-1) and (f) to read as follows:
1341	1341	(b) The executive commissioner of the commission, or the
1342	1342	executive commissioner's designee, is entitled to obtain [from the
1343	1343	department] criminal history record information as provided by
1344	1344	Subsection (b-1) [maintained by the department] that relates to a
1345	1345	person who is:
1346	1346	(1) an applicant [for employment] for a position in
1347	1347	which the person, as an employee, contractor, or volunteer, would
1348	1348	have access to sensitive personal or financial information, as
1349	1349	determined by the executive commissioner, in:
1350	1350	(A) the eligibility services division of the
1351	1351	commission as established under Section 531.008; [or]
1352	1352	(B) the commission's office of inspector general
1353	1353	as established by Section 531.008 and Subchapter C, Chapter 531; or
1354	1354	(C) the regulatory division of the commission as
1355	1355	established under Section 531.008; or
1356	1356	(2) an employee of or a contractor or volunteer for the
1357	1357	commission who has access to sensitive personal or financial
1358	1358	information, as determined by the executive commissioner.
1359	1359	(b-1) Subject to Section 411.087 and consistent with the
1360	1360	public policy of this state, the commission is entitled to:
1361	1361	(1) obtain through the Federal Bureau of Investigation
1362	1362	criminal history record information maintained or indexed by that
1363	1363	bureau that pertains to a person described by Subsection (b); and
1364	1364	(2) obtain from the department or any other criminal
1365	1365	justice agency in this state criminal history record information
1366	1366	maintained by the department or that criminal justice agency that
1367	1367	relates to a person described by Subsection (b).
1368	1368	(c) The commission may not release or disclose to any person
1369	1369	criminal history record information obtained from the Federal
1370	1370	Bureau of Investigation under Subsection (b-1)(1). Criminal
1371	1371	history record information obtained by the executive commissioner
1372	1372	of the commission, or by the executive commissioner's designee,
1373	1373	under Subsection (b-1)(2) [(b)] may not be released or disclosed,
1374	1374	except:
1375	1375	(1) if the information is in a public record at the
1376	1376	time the information is obtained;
1377	1377	(2) on court order;
1378	1378	(3) to a criminal justice agency, upon request;
1379	1379	(4) with the consent of the person who is the subject
1380	1380	of the criminal history record information; or
1381	1381	(5) as provided by Subsection (d).
1382	1382	(d) The commission is not prohibited from disclosing
1383	1383	criminal history record information obtained under Subsection
1384	1384	(b-1)(2) [(b)] in a criminal proceeding or in a hearing conducted by
1385	1385	the commission.
1386	1386	(e) The executive commissioner shall destroy [all] criminal
1387	1387	history record information obtained under this section [Subsection
1388	1388	(b)] as soon as practicable after the information is used for its
1389	1389	authorized purpose.
1390	1390	(f) This section does not prohibit the commission from
1391	1391	obtaining and using criminal history record information as provided
1392	1392	by other law.
1393	1393	SECTION 30. Section 411.1131, Government Code, is amended
1394	1394	to read as follows:
1395	1395	Sec. 411.1131. ACCESS TO CRIMINAL HISTORY RECORD
1396	1396	INFORMATION: HEALTH AND HUMAN SERVICES COMMISSION. (a) The Health
1397	1397	and Human Services Commission is entitled to obtain [from the
1398	1398	department] criminal history record information as provided by
1399	1399	Subsection (a-1) [maintained by the department] that relates to a
1400	1400	person who is an applicant for a staff position at an outdoor
1401	1401	training program for children who are deaf or hard of hearing
1402	1402	conducted by a private entity through a contract with the Health and
1403	1403	Human Services Commission in accordance with Section 81.013, Human
1404	1404	Resources Code.
1405	1405	(a-1) Subject to Section 411.087 and consistent with the
1406	1406	public policy of this state, the Health and Human Services
1407	1407	Commission is entitled to:
1408	1408	(1) obtain through the Federal Bureau of Investigation
1409	1409	criminal history record information maintained or indexed by that
1410	1410	bureau that pertains to a person described by Subsection (a); and
1411	1411	(2) obtain from the department or any other criminal
1412	1412	justice agency in this state criminal history record information
1413	1413	maintained by the department or that criminal justice agency that
1414	1414	relates to a person described by Subsection (a).
1415	1415	(b) Criminal history record information obtained by the
1416	1416	Health and Human Services Commission under Subsection (a-1) [(a)]
1417	1417	may be used only to evaluate an applicant for a staff position at an
1418	1418	outdoor training program for children who are deaf or hard of
1419	1419	hearing. The Health and Human Services Commission may release or
1420	1420	disclose the information obtained under Subsection (a-1)(2) to a
1421	1421	private entity described by Subsection (a) for that purpose.
1422	1422	(c) The Health and Human Services Commission may not release
1423	1423	or disclose to any person criminal history record information
1424	1424	obtained from the Federal Bureau of Investigation under Subsection
1425	1425	(a-1)(1). The Health and Human Services Commission may not release
1426	1426	or disclose information obtained under Subsection (a-1)(2) [(a)],
1427	1427	except as described by Subsection (b), on court order, or with the
1428	1428	consent of the person who is the subject of the criminal history
1429	1429	record information.
1430	1430	(d) The Health and Human Services Commission[, and] shall
1431	1431	destroy [all] criminal history record information obtained under
1432	1432	Subsection (a-1) [(a)] after the information is used for its
1433	1433	authorized purpose.
1434	1434	(e) This section does not prohibit the Health and Human
1435	1435	Services Commission from obtaining and using criminal history
1436	1436	record information as provided by other law.
1437	1437	SECTION 31. Section 411.114(a), Government Code, is amended
1438	1438	by amending Subdivisions (2), (3), (4), (6), and (7) and adding
1439	1439	Subdivision (4-a) to read as follows:
1440	1440	(2) The Department of Family and Protective Services
1441	1441	or the Health and Human Services Commission, as applicable, shall
1442	1442	obtain [from the department] criminal history record information as
1443	1443	provided by Subdivision (4) [maintained by the department] that
1444	1444	relates to a person who is:
1445	1445	(A) an applicant for a license, registration,
1446	1446	certification, or listing under Chapter 42, Human Resources Code;
1447	1447	(B) an owner, operator, or employee of or an
1448	1448	applicant for employment by a child-care facility, child-placing
1449	1449	agency, or family home licensed, registered, certified, or listed
1450	1450	under Chapter 42, Human Resources Code;
1451	1451	(C) a person 14 years of age or older who will be
1452	1452	regularly or frequently working or staying in a facility or family
1453	1453	home, other than a child in the care of the home or facility;
1454	1454	(D) an applicant selected for a position with the
1455	1455	Department of Family and Protective Services or the Health and
1456	1456	Human Services Commission, the duties of which include direct
1457	1457	delivery of protective services to children, elderly persons, or
1458	1458	persons with a disability;
1459	1459	(E) an employee of, an applicant for employment
1460	1460	with, or a volunteer or an applicant volunteer with a business
1461	1461	entity or person who [that] contracts with the Department of Family
1462	1462	and Protective Services or the Health and Human Services Commission
1463	1463	to provide direct delivery of protective services to children,
1464	1464	elderly persons, or persons with a disability, if the person's
1465	1465	duties or responsibilities include direct contact with children,
1466	1466	elderly persons, or persons with a disability;
1467	1467	(F) a registered volunteer with the Department of
1468	1468	Family and Protective Services or the Health and Human Services
1469	1469	Commission;
1470	1470	(G) a person providing or applying to provide
1471	1471	in-home, adoptive, or foster care for children in the care of the
1472	1472	Department of Family and Protective Services or the Health and
1473	1473	Human Services Commission and other persons living in the residence
1474	1474	in which the child will reside;
1475	1475	(H) a Department of Family and Protective
1476	1476	Services employee or a Health and Human Services Commission
1477	1477	employee who is engaged in the direct delivery of protective
1478	1478	services to children, elderly persons, or persons with a
1479	1479	disability;
1480	1480	(I) an alleged perpetrator in a report the
1481	1481	Department of Family and Protective Services or the Health and
1482	1482	Human Services Commission receives alleging that the person has
1483	1483	abused, neglected, or exploited a child, an elderly person, or a
1484	1484	person with a disability, provided that:
1485	1485	(i) the report alleges the person has
1486	1486	engaged in conduct that meets the applicable definition of abuse,
1487	1487	neglect, or exploitation under Chapter 261, Family Code, or Chapter
1488	1488	48, Human Resources Code; and
1489	1489	(ii) the person is not also the victim of
1490	1490	the alleged conduct;
1491	1491	(J) a person providing child care for a child who
1492	1492	is in the care of the Department of Family and Protective Services
1493	1493	or the Health and Human Services Commission and who is or will be
1494	1494	receiving adoptive, foster, or in-home care;
1495	1495	(K) through a contract with a nonprofit
1496	1496	management center, an employee of, an applicant for employment
1497	1497	with, or a volunteer or an applicant volunteer with a nonprofit,
1498	1498	tax-exempt organization that provides any service that involves the
1499	1499	care of or access to a child, an elderly person, or a person with a
1500	1500	disability; or
1501	1501	(L) an applicant for a child-care administrator
1502	1502	or child-placing agency administrator license under Chapter 43,
1503	1503	Human Resources Code.
1504	1504	(3) In addition to the criminal history record
1505	1505	information the Department of Family and Protective Services or the
1506	1506	Health and Human Services Commission is required to obtain under
1507	1507	Subdivision (2), the Department of Family and Protective Services
1508	1508	or the Health and Human Services Commission, as applicable, is
1509	1509	entitled to obtain [from the department] criminal history record
1510	1510	information as provided by Subdivision (4) [maintained by the
1511	1511	department] that relates to a person who is:
1512	1512	(A) an applicant for a position with the
1513	1513	Department of Family and Protective Services or the Health and
1514	1514	Human Services Commission regardless of the duties of the position,
1515	1515	including a position described by Subdivision (2)(D);
1516	1516	(B) a Department of Family and Protective
1517	1517	Services employee or a Health and Human Services Commission
1518	1518	employee regardless of the duties of the employee's position,
1519	1519	including an employee described by Subdivision (2)(H);
1520	1520	(C) a volunteer or applicant volunteer with the
1521	1521	Department of Family and Protective Services or the Health and
1522	1522	Human Services Commission regardless of the duties to be performed,
1523	1523	including a registered volunteer;
1524	1524	(D) an employee of, an applicant for employment
1525	1525	with, or a volunteer or an applicant volunteer with an entity or
1526	1526	person who [that] contracts with the Department of Family and
1527	1527	Protective Services or the Health and Human Services Commission, as
1528	1528	applicable, and has access to confidential information in that
1529	1529	department's or commission's records, if the employee, applicant,
1530	1530	volunteer, or applicant volunteer has or will have access to that
1531	1531	confidential information;
1532	1532	(E) a person living in the residence in which the
1533	1533	alleged victim of the report resides, including an alleged
1534	1534	perpetrator in a report described by Subdivision (2)(I);
1535	1535	(F) a person providing, at the request of the
1536	1536	child's parent, in-home care for a child who is the subject of a
1537	1537	report alleging the child has been abused or neglected;
1538	1538	(G) a person providing, at the request of the
1539	1539	child's parent, in-home care for a child only if the person gives
1540	1540	written consent to the release and disclosure of the information;
1541	1541	(H) a child who is related to the caretaker, as
1542	1542	determined under Section 42.002, Human Resources Code, or any other
1543	1543	person who resides in, is present in, or has unsupervised access to
1544	1544	a child in the care of a facility or family home;
1545	1545	(I) a relative of a child in the care of the
1546	1546	Department of Family and Protective Services or the Health and
1547	1547	Human Services Commission, as applicable, to the extent necessary
1548	1548	to comply with Section 162.007, Family Code;
1549	1549	(J) a person providing or applying to provide
1550	1550	in-home, adoptive, or foster care for children to the extent
1551	1551	necessary to comply with Subchapter B, Chapter 162, Family Code;
1552	1552	(K) a person who volunteers to supervise
1553	1553	visitation under Subchapter B, Chapter 263, Family Code;
1554	1554	(L) an employee of or volunteer at, or an
1555	1555	applicant for employment with or to be a volunteer at, an entity
1556	1556	that provides supervised independent living services to a young
1557	1557	adult receiving extended foster care services from the Department
1558	1558	of Family and Protective Services or the Health and Human Services
1559	1559	Commission, as applicable;
1560	1560	(M) a person 14 years of age or older who will be
1561	1561	regularly or frequently working or staying in a host home that is
1562	1562	providing supervised independent living services to a young adult
1563	1563	receiving extended foster care services from the Department of
1564	1564	Family and Protective Services or the Health and Human Services
1565	1565	Commission, as applicable;
1566	1566	(N) a volunteer or applicant volunteer with a
1567	1567	local affiliate in this state of Big Brothers Big Sisters of
1568	1568	America;
1569	1569	(O) a volunteer or applicant volunteer with an
1570	1570	organization that provides court-appointed volunteer advocates for
1571	1571	abused or neglected children; or
1572	1572	(P) an employee, volunteer, or applicant
1573	1573	volunteer of a children's advocacy center under Subchapter E,
1574	1574	Chapter 264, Family Code, including a member of the governing board
1575	1575	of a center.
1576	1576	(4) Subject to Section 411.087 and consistent with the
1577	1577	public policy of this state, the Department of Family and
1578	1578	Protective Services and the Health and Human Services Commission
1579	1579	are entitled to:
1580	1580	(A) obtain through the Federal Bureau of
1581	1581	Investigation criminal history record information maintained or
1582	1582	indexed by that bureau that pertains to a person described by
1583	1583	Subdivision (2) or (3); and
1584	1584	(B) obtain from the department or any other
1585	1585	criminal justice agency in this state criminal history record
1586	1586	information maintained by the department or that criminal justice
1587	1587	agency that relates to a person described by Subdivision (2) or (3).
1588	1588	(4-a) Law enforcement entities shall expedite the
1589	1589	furnishing of criminal history record [such] information obtained
1590	1590	under Subdivision (4)(B) to Department of Family and Protective
1591	1591	Services workers or Health and Human Services Commission workers,
1592	1592	as applicable, to ensure prompt criminal background checks for the
1593	1593	safety of alleged victims and Department of Family and Protective
1594	1594	Services workers or Health and Human Services Commission workers,
1595	1595	as applicable.
1596	1596	(6) The Department of Family and Protective Services
1597	1597	or the Health and Human Services Commission, as applicable, may not
1598	1598	release or disclose to any person criminal history record
1599	1599	information obtained from the Federal Bureau of Investigation under
1600	1600	Subdivision (4)(A). Criminal history record information obtained
1601	1601	by the Department of Family and Protective Services or the Health
1602	1602	and Human Services Commission under Subdivision (4)(B) [this
1603	1603	subsection] may not be released to any person except:
1604	1604	(A) on court order;
1605	1605	(B) with the consent of the person who is the
1606	1606	subject of the criminal history record information;
1607	1607	(C) for purposes of an administrative hearing
1608	1608	held by the Department of Family and Protective Services or the
1609	1609	Health and Human Services Commission, as applicable, concerning the
1610	1610	person who is the subject of the criminal history record
1611	1611	information; or
1612	1612	(D) as provided by Subdivision (7).
1613	1613	(7) Subject to Subdivision (8), the Department of
1614	1614	Family and Protective Services or the Health and Human Services
1615	1615	Commission, as applicable, is not prohibited from releasing
1616	1616	criminal history record information obtained under Subdivision
1617	1617	(4)(B) [this subsection] to:
1618	1618	(A) the person who is the subject of the criminal
1619	1619	history record information;
1620	1620	(B) a child-placing agency listed in Subdivision
1621	1621	(2) that is seeking to verify or approve a foster or adoptive home
1622	1622	under procedures authorized by federal law;
1623	1623	(C) an adult who resides with an alleged victim
1624	1624	of abuse, neglect, or exploitation of a child, elderly person, or
1625	1625	person with a disability and who also resides with the alleged
1626	1626	perpetrator of that abuse, neglect, or exploitation if:
1627	1627	(i) the alleged perpetrator is the subject
1628	1628	of the criminal history record information; and
1629	1629	(ii) the Department of Family and
1630	1630	Protective Services or the Health and Human Services Commission, as
1631	1631	applicable, determines that the release of information to the adult
1632	1632	is necessary to ensure the safety or welfare of the alleged victim
1633	1633	or the adult; or
1634	1634	(D) an elderly person or a person with a
1635	1635	disability who is an alleged victim of abuse, neglect, or
1636	1636	exploitation and who resides with the alleged perpetrator of that
1637	1637	abuse, neglect, or exploitation if:
1638	1638	(i) the alleged perpetrator is the subject
1639	1639	of the criminal history record information; and
1640	1640	(ii) the Department of Family and
1641	1641	Protective Services or the Health and Human Services Commission, as
1642	1642	applicable, determines that the release of information to the
1643	1643	person is necessary to ensure the safety or welfare of the person.
1644	1644	SECTION 32. Section 411.114, Government Code, is amended by
1645	1645	adding Subsection (d) to read as follows:
1646	1646	(d) The Department of Family and Protective Services and the
1647	1647	Health and Human Services Commission, as applicable, shall destroy
1648	1648	criminal history record information that is obtained under this
1649	1649	section after the information is used for its authorized purpose.
1650	1650	SECTION 33. Section 411.1142, Government Code, is amended
1651	1651	by amending Subsections (a), (b), and (d) and adding Subsections
1652	1652	(a-1) and (f) to read as follows:
1653	1653	(a) The Early Childhood Intervention program within the
1654	1654	Health and Human Services Commission, as established by Chapter 73,
1655	1655	Human Resources Code, is entitled to obtain criminal history record
1656	1656	information as provided by Subsection (a-1) [maintained by the
1657	1657	Department of Public Safety, the Federal Bureau of Investigation
1658	1658	identification division, or another law enforcement agency] that
1659	1659	relates to a person:
1660	1660	(1) who is an employee or an applicant for permanent,
1661	1661	temporary, or consultative employment or for a volunteer position;
1662	1662	and
1663	1663	(2) [positions] whose employment or potential
1664	1664	employment or volunteer position with the program or a local
1665	1665	provider involves the delivery of early childhood intervention
1666	1666	services or involves direct interactions with or the opportunity to
1667	1667	interact and associate with children.
1668	1668	(a-1) Subject to Section 411.087 and consistent with the
1669	1669	public policy of this state, the Health and Human Services
1670	1670	Commission is entitled to:
1671	1671	(1) obtain through the Federal Bureau of Investigation
1672	1672	criminal history record information maintained or indexed by that
1673	1673	bureau that pertains to a person who is described by Subsection (a);
1674	1674	and
1675	1675	(2) obtain from the department or any other criminal
1676	1676	justice agency in this state criminal history record information
1677	1677	maintained by the department or that criminal justice agency that
1678	1678	relates to a person described by Subsection (a).
1679	1679	(b) The Health and Human Services Commission may not release
1680	1680	or disclose to any person criminal history record information
1681	1681	obtained from the Federal Bureau of Investigation under Subsection
1682	1682	(a-1)(1). Criminal history record information obtained by the
1683	1683	Health and Human Services Commission under Subsection (a-1)(2)
1684	1684	[(a)] may not be released or disclosed to any person except:
1685	1685	(1) on court order;
1686	1686	(2) [,] with the consent of the person who is the
1687	1687	subject of the criminal history record information; [,] or
1688	1688	(3) as provided by Subsection (d).
1689	1689	(d) The Health and Human Services Commission may provide the
1690	1690	applicant, employee, professional consultant, or volunteer with a
1691	1691	copy of the person's criminal history record information obtained
1692	1692	from the Department of Public Safety[, Federal Bureau of
1693	1693	Investigation identification division,] or another law enforcement
1694	1694	agency under Subsection (a-1)(2).
1695	1695	(f) The Health and Human Services Commission shall destroy
1696	1696	criminal history record information that is obtained under this
1697	1697	section after the information is used for its authorized purpose.
1698	1698	SECTION 34. Section 411.1143, Government Code, is amended
1699	1699	to read as follows:
1700	1700	Sec. 411.1143. ACCESS TO CRIMINAL HISTORY RECORD
1701	1701	INFORMATION; AGENCIES OPERATING PART OF MEDICAL ASSISTANCE
1702	1702	PROGRAM. (a) The Health and Human Services Commission, an agency
1703	1703	operating part of the medical assistance program under Chapter 32,
1704	1704	Human Resources Code, or the office of inspector general
1705	1705	established under Chapter 531, Government Code, is entitled to
1706	1706	obtain [from the department the] criminal history record
1707	1707	information as provided by Subsection (a-2) [maintained by the
1708	1708	department] that relates to a provider under the medical assistance
1709	1709	program or a person applying to enroll as a provider under the
1710	1710	medical assistance program.
1711	1711	(a-1) Criminal history record information the Health and
1712	1712	Human Services Commission [an agency] or the office of inspector
1713	1713	general is authorized to obtain under Subsection (a) includes
1714	1714	criminal history record information relating to:
1715	1715	(1) a person with a direct or indirect ownership or
1716	1716	control interest, as defined by 42 C.F.R. Section 455.101, in a
1717	1717	provider of five percent or more; and
1718	1718	(2) a person whose information is required to be
1719	1719	disclosed in accordance with 42 C.F.R. Part 1001.
1720	1720	(a-2) Subject to Section 411.087 and consistent with the
1721	1721	public policy of this state, the Health and Human Services
1722	1722	Commission and the office of inspector general are entitled to:
1723	1723	(1) obtain through the Federal Bureau of Investigation
1724	1724	criminal history record information maintained or indexed by that
1725	1725	bureau that pertains to a person who is described by Subsection (a)
1726	1726	or (a-1); and
1727	1727	(2) obtain from the department or any other criminal
1728	1728	justice agency in this state criminal history record information
1729	1729	maintained by the department or that criminal justice agency that
1730	1730	relates to a person described by Subsection (a) or (a-1).
1731	1731	(b) The Health and Human Services Commission or the office
1732	1732	of inspector general, as applicable, may not release or disclose to
1733	1733	any person criminal history record information obtained from the
1734	1734	Federal Bureau of Investigation under Subsection (a-2)(1).
1735	1735	Criminal history record information obtained by the Health and
1736	1736	Human Services Commission or the office of inspector general
1737	1737	[commission or an agency] under Subsection (a-2)(2) [(a)] may not
1738	1738	be released or disclosed to any person except in a criminal
1739	1739	proceeding, in an administrative proceeding, on court order, or
1740	1740	with the consent of the provider or applicant.
1741	1741	(c) This section does not prohibit the Health and Human
1742	1742	Services Commission or the office of inspector general from
1743	1743	obtaining and using criminal history record information as provided
1744	1744	by other law.
1745	1745	(d) The Health and Human Services Commission and the office
1746	1746	of inspector general shall destroy criminal history record
1747	1747	information obtained under this section after the information is
1748	1748	used for its authorized purpose.
1749	1749	SECTION 35. Section 411.1144, Government Code, is amended
1750	1750	to read as follows:
1751	1751	Sec. 411.1144. ACCESS TO CRIMINAL HISTORY RECORD
1752	1752	INFORMATION: HEALTH AND HUMAN SERVICES COMMISSION AND [AGENCIES
1753	1753	WITH] EMPLOYEES, CONTRACTORS, OR VOLUNTEERS AT STATE SUPPORTED
1754	1754	LIVING CENTERS. (a) The [Department of State Health Services and
1755	1755	the] Health and Human Services Commission is [are] entitled to
1756	1756	obtain [from the department] criminal history record information as
1757	1757	provided by Subsection (d) [maintained by the department] that
1758	1758	relates to a person:
1759	1759	(1) who is:
1760	1760	(A) an applicant for employment with the Health
1761	1761	and Human Services Commission [agency];
1762	1762	(B) an employee of the Health and Human Services
1763	1763	Commission [agency];
1764	1764	(C) a volunteer with the Health and Human
1765	1765	Services Commission [agency];
1766	1766	(D) an applicant for a volunteer position with
1767	1767	the Health and Human Services Commission [agency];
1768	1768	(E) an applicant for a contract with the Health
1769	1769	and Human Services Commission [agency]; or
1770	1770	(F) a contractor of the Health and Human Services
1771	1771	Commission [agency]; and
1772	1772	(2) who would be placed in direct contact with a
1773	1773	resident or client of a state supported living center, as defined by
1774	1774	Section 555.001, Health and Safety Code.
1775	1775	(b) The commission may not release or disclose to any person
1776	1776	criminal history record information obtained from the Federal
1777	1777	Bureau of Investigation under Subsection (d)(1). Criminal history
1778	1778	record information obtained by the Health and Human Services
1779	1779	Commission [an agency] under Subsection (d)(2) [(a)] may not be
1780	1780	released or disclosed to any person except:
1781	1781	(1) on court order;
1782	1782	(2) with the consent of the person who is the subject
1783	1783	of the criminal history record information;
1784	1784	(3) for purposes of an administrative hearing held by
1785	1785	the agency concerning the person who is the subject of the criminal
1786	1786	history record information; or
1787	1787	(4) as provided by Subsection (c).
1788	1788	(c) The Health and Human Services Commission is prohibited
1789	1789	from releasing criminal history record information obtained under
1790	1790	Subsection (d)(1) to the person who is the subject of the criminal
1791	1791	history record information. The Health and Human Services
1792	1792	Commission [An agency] is not prohibited from releasing criminal
1793	1793	history record information obtained under Subsection (d)(2) [(a) or
1794	1794	(d)] to the person who is the subject of the criminal history record
1795	1795	information.
1796	1796	(d) Subject to Section 411.087 and consistent with the
1797	1797	public policy of this state, the [Department of State Health
1798	1798	Services and the] Health and Human Services Commission is [are]
1799	1799	entitled to:
1800	1800	(1) obtain through the Federal Bureau of Investigation
1801	1801	criminal history record information maintained or indexed by that
1802	1802	bureau that pertains to a person described by Subsection (a); and
1803	1803	(2) obtain from the department or any other criminal
1804	1804	justice agency in this state criminal history record information
1805	1805	maintained by the department or that criminal justice agency that
1806	1806	relates to a person described by Subsection (a).
1807	1807	(e) This section does not prohibit the Health and Human
1808	1808	Services Commission [an agency] from obtaining and using criminal
1809	1809	history record information as provided by other law.
1810	1810	(f) The Health and Human Services Commission shall destroy
1811	1811	criminal history record information obtained under this section
1812	1812	after the information is used for its authorized purpose.
1813	1813	SECTION 36. Section 411.115, Government Code, is amended by
1814	1814	amending Subsections (b), (d), and (e) and adding Subsections (c)
1815	1815	and (f) to read as follows:
1816	1816	(b) The Department of State Health Services, the Health and
1817	1817	Human Services Commission, a local mental health or intellectual
1818	1818	and developmental disability authority, or a community center, as
1819	1819	applicable, is entitled to obtain [from the department] criminal
1820	1820	history record information as provided by Subsection (c)
1821	1821	[maintained by the department] that relates to a person:
1822	1822	(1) who is:
1823	1823	(A) an applicant for employment with the
1824	1824	Department of State Health Services, the Health and Human Services
1825	1825	Commission, a local mental health or intellectual and developmental
1826	1826	disability authority, or a community center;
1827	1827	(B) an employee of the Department of State Health
1828	1828	Services, the Health and Human Services Commission, a local mental
1829	1829	health or intellectual and developmental disability authority, or a
1830	1830	community center;
1831	1831	(C) an applicant for employment with or an
1832	1832	employee of a business or person who [that] contracts with the
1833	1833	Department of State Health Services, the Health and Human Services
1834	1834	Commission, a local mental health or intellectual and developmental
1835	1835	disability authority, or a community center to provide residential
1836	1836	services to patients with mental illness or clients with an
1837	1837	intellectual or developmental disability who were furloughed or
1838	1838	discharged from a Department of State Health Services facility, a
1839	1839	Health and Human Services Commission facility, or a community
1840	1840	center, as applicable;
1841	1841	(D) a volunteer with the Department of State
1842	1842	Health Services, the Health and Human Services Commission, a local
1843	1843	mental health or intellectual and developmental disability
1844	1844	authority, or a community center; or
1845	1845	(E) a volunteer applicant; and
1846	1846	(2) who would be placed in direct contact with
1847	1847	patients with mental illness or clients with an intellectual or
1848	1848	developmental disability.
1849	1849	(c) Subject to Section 411.087 and consistent with the
1850	1850	public policy of this state, the Department of State Health
1851	1851	Services, the Health and Human Services Commission, a local mental
1852	1852	health or intellectual and developmental disability authority, or a
1853	1853	community center, as applicable, is entitled to:
1854	1854	(1) obtain through the Federal Bureau of Investigation
1855	1855	criminal history record information maintained or indexed by that
1856	1856	bureau that pertains to a person who is described by Subsection (b);
1857	1857	and
1858	1858	(2) obtain from the department or any other criminal
1859	1859	justice agency in this state criminal history record information
1860	1860	maintained by the department or that criminal justice agency that
1861	1861	relates to a person described by Subsection (b).
1862	1862	(d) The Department of State Health Services, the Health and
1863	1863	Human Services Commission, a local mental health or intellectual
1864	1864	and developmental disability authority, or a community center, as
1865	1865	applicable, may not release or disclose to any person criminal
1866	1866	history record information obtained from the Federal Bureau of
1867	1867	Investigation under Subsection (c)(1). Criminal history record
1868	1868	information obtained by the Department of State Health Services,
1869	1869	the Health and Human Services Commission, a local mental health or
1870	1870	intellectual and developmental disability authority, or a
1871	1871	community center, as applicable, under Subsection (c)(2) [(b)] may
1872	1872	not be released or disclosed to a person, other than the contractor
1873	1873	that employs the person who is the subject of the criminal history
1874	1874	record information, except on court order or with the consent of the
1875	1875	person who is the subject of the criminal history record
1876	1876	information.
1877	1877	(e) The Department of State Health Services, the Health and
1878	1878	Human Services Commission, a local mental health or intellectual
1879	1879	and developmental disability authority, or a community center, as
1880	1880	applicable, shall [collect and] destroy criminal history record
1881	1881	information obtained under this section after the information is
1882	1882	used for its authorized purpose [that relates to a person
1883	1883	immediately after making an employment decision or taking a
1884	1884	personnel action relating to the person who is the subject of the
1885	1885	criminal history record information].
1886	1886	(f) This section does not prohibit the Department of State
1887	1887	Health Services, the Health and Human Services Commission, a local
1888	1888	mental health or intellectual and developmental disability
1889	1889	authority, or a community center, as applicable, from obtaining and
1890	1890	using criminal history record information as provided by other law.
1891	1891	SECTION 37. Subchapter F, Chapter 411, Government Code, is
1892	1892	amended by adding Section 411.1161 to read as follows:
1893	1893	Sec. 411.1161. ACCESS TO CRIMINAL HISTORY RECORD
1894	1894	INFORMATION: HEALTH AND HUMAN SERVICES COMMISSION AND NURSE AIDE
1895	1895	CERTIFICATION, MEDICATION AIDE PERMIT, AND NURSING FACILITY
1896	1896	ADMINISTRATOR LICENSE. (a) The Health and Human Services
1897	1897	Commission is entitled to obtain criminal history record
1898	1898	information as provided by Subsection (b) that relates to a person
1899	1899	who is an initial or renewal applicant for:
1900	1900	(1) a nurse aide certification with inclusion in the
1901	1901	nurse aide registry established under Chapter 250, Health and
1902	1902	Safety Code;
1903	1903	(2) a medication aide permit issued under Chapter 142,
1904	1904	Health and Safety Code; or
1905	1905	(3) a nursing facility administrator license issued
1906	1906	under Chapter 242, Health and Safety Code.
1907	1907	(b) Subject to Section 411.087 and consistent with the
1908	1908	public policy of this state, the Health and Human Services
1909	1909	Commission is entitled to:
1910	1910	(1) obtain through the Federal Bureau of Investigation
1911	1911	criminal history record information maintained or indexed by that
1912	1912	bureau that pertains to a person described by Subsection (a); and
1913	1913	(2) obtain from the department or any other criminal
1914	1914	justice agency in this state criminal history record information
1915	1915	maintained by the department or that criminal justice agency that
1916	1916	relates to a person described by Subsection (a).
1917	1917	(c) The Health and Human Services Commission may not release
1918	1918	or disclose to any person criminal history record information
1919	1919	obtained from the Federal Bureau of Investigation under Subsection
1920	1920	(b)(1). Criminal history record information obtained by the Health
1921	1921	and Human Services Commission under Subsection (b)(2) may not be
1922	1922	released or disclosed to any person except:
1923	1923	(1) on court order;
1924	1924	(2) with the consent of the person who is the subject
1925	1925	of the criminal history record information;
1926	1926	(3) for purposes of an administrative hearing held by
1927	1927	the Health and Human Services Commission concerning the person who
1928	1928	is the subject of the criminal history record information; or
1929	1929	(4) as provided by Subsection (d).
1930	1930	(d) The Health and Human Services Commission is not
1931	1931	prohibited from releasing criminal history record information
1932	1932	obtained under Subsection (b)(2) to the person who is the subject of
1933	1933	the criminal history record information.
1934	1934	(e) This section does not prohibit the Health and Human
1935	1935	Services Commission from obtaining and using criminal history
1936	1936	record information as provided by other law.
1937	1937	(f) The Health and Human Services Commission shall destroy
1938	1938	criminal history record information that is obtained under this
1939	1939	section after the information is used for its authorized purpose.
1940	1940	SECTION 38. Section 411.122(d), Government Code, as amended
1941	1941	by Chapters 684 (S.B. 2200), 768 (H.B. 1501), and 1232 (H.B. 1523),
1942	1942	Acts of the 86th Legislature, Regular Session, 2019, is reenacted
1943	1943	and amended to read as follows:
1944	1944	(d) The following state agencies are subject to this
1945	1945	section:
1946	1946	(1) Texas Appraiser Licensing and Certification
1947	1947	Board;
1948	1948	(2) Texas Board of Architectural Examiners;
1949	1949	(3) Texas Board of Chiropractic Examiners;
1950	1950	(4) State Board of Dental Examiners;
1951	1951	(5) Texas Board of Professional Engineers and Land
1952	1952	Surveyors;
1953	1953	(6) Texas Funeral Service Commission;
1954	1954	(7) Texas Board of Professional Geoscientists;
1955	1955	(8) Health and Human Services Commission, except as
1956	1956	provided by Section 411.110, and agencies attached to the
1957	1957	commission;
1958	1958	(9) Texas Department of Licensing and Regulation[,
1959	1959	except as provided by Section 411.093];
1960	1960	(10) Texas Commission on Environmental Quality;
1961	1961	(11) Executive Council [Texas Board] of Physical
1962	1962	Therapy and Occupational Therapy Examiners;
1963	1963	(12) Texas Optometry Board;
1964	1964	(13) Texas State Board of Pharmacy;
1965	1965	(14) [Texas Board of Physical Therapy Examiners;
1966	1966	[(15)] Texas State Board of Plumbing Examiners;
1967	1967	(15) [(16)] Texas State Board of Examiners of
1968	1968	Psychologists;
1969	1969	(16) [(17)] Texas Real Estate Commission;
1970	1970	(17) [(18)] Texas Department of Transportation;
1971	1971	(18) [(19)] State Board of Veterinary Medical
1972	1972	Examiners;
1973	1973	(19) [(20)] Texas Department of Housing and Community
1974	1974	Affairs;
1975	1975	(20) [(21)] secretary of state;
1976	1976	(21) [(22)] state fire marshal;
1977	1977	(22) [(23)] Texas Education Agency;
1978	1978	(23) [(24)] Department of Agriculture; and
1979	1979	(24) [(25)] Texas Department of Motor Vehicles.
1980	1980	SECTION 39. Section 411.125, Government Code, is amended to
1981	1981	read as follows:
1982	1982	Sec. 411.125. ACCESS TO CRIMINAL HISTORY RECORD
1983	1983	INFORMATION: TEXAS BOARD OF NURSING. (a) The Texas Board of
1984	1984	Nursing is entitled to obtain [from the department] criminal
1985	1985	history record information as provided by Subsection (b)
1986	1986	[maintained by the department] that relates to a person who:
1987	1987	(1) is an applicant for vocational, registered, or
1988	1988	advanced practice registered nurse licensure, or the holder of a
1989	1989	license issued by the board;
1990	1990	(2) has requested a determination of eligibility for a
1991	1991	license from the board; [or]
1992	1992	(3) is subject to investigation by the board in
1993	1993	connection with a complaint or formal charge against the person; or
1994	1994	(4) is accepted for enrollment in a nursing education
1995	1995	program that prepares the person for licensure as a vocational,
1996	1996	registered, or advanced practice registered nurse.
1997	1997	(b) Subject to Section 411.087 and consistent with the
1998	1998	public policy of this state, the Texas Board of Nursing is entitled
1999	1999	to:
2000	2000	(1) obtain through the Federal Bureau of Investigation
2001	2001	criminal history record information maintained or indexed by that
2002	2002	bureau that pertains to a person described by Subsection (a); and
2003	2003	(2) obtain from the department or any other criminal
2004	2004	justice agency in this state criminal history record information
2005	2005	maintained by the department or that criminal justice agency that
2006	2006	relates to a person described by Subsection (a).
2007	2007	(c) The Texas Board of Nursing may not release or disclose
2008	2008	to any person criminal history record information obtained from the
2009	2009	Federal Bureau of Investigation under Subsection (b)(1). Criminal
2010	2010	history record information obtained by the Texas Board of Nursing
2011	2011	under Subsection (b)(2) may not be released or disclosed to any
2012	2012	person except:
2013	2013	(1) as required under a court order;
2014	2014	(2) to a nursing board that is a member of the nurse
2015	2015	licensure compact under Chapter 304, Occupations Code;
2016	2016	(3) with the written consent of the person who is the
2017	2017	subject of the criminal history record information; or
2018	2018	(4) as provided by Subsection (d).
2019	2019	(d) The Texas Board of Nursing is not prohibited from
2020	2020	disclosing criminal history record information obtained under
2021	2021	Subsection (b)(2) in a criminal proceeding, in a contested case
2022	2022	proceeding conducted by the State Office of Administrative
2023	2023	Hearings, or as part of an appeal of a contested case proceeding.
2024	2024	(e) Criminal history record information obtained by the
2025	2025	Texas Board of Nursing shall be destroyed by the agency after a
2026	2026	final determination is made and all appeals are concluded in the
2027	2027	matter for which the information was obtained.
2028	2028	SECTION 40. Subchapter F, Chapter 411, Government Code, is
2029	2029	amended by adding Section 411.12501 to read as follows:
2030	2030	Sec. 411.12501. ACCESS TO CRIMINAL HISTORY RECORD
2031	2031	INFORMATION OF FEDERAL BUREAU OF INVESTIGATION: TEXAS ALCOHOLIC
2032	2032	BEVERAGE COMMISSION. (a) Subject to Section 411.087 and Public Law
2033	2033	92-544, the Texas Alcoholic Beverage Commission is authorized to
2034	2034	obtain and use criminal history record information maintained or
2035	2035	indexed by the Federal Bureau of Investigation that relates to a
2036	2036	person who is an applicant for or holds a license, permit, or
2037	2037	certificate under the Texas Alcoholic Beverage Code.
2038	2038	(b) This section does not limit the commission's ability to
2039	2039	obtain criminal history record information for criminal justice
2040	2040	purposes or as authorized by other law.
2041	2041	(c) The commission may require any person for whom the
2042	2042	commission is authorized to obtain and use criminal history record
2043	2043	information under Subsection (a) to submit a complete and legible
2044	2044	set of fingerprints to the commission on a form prescribed by the
2045	2045	commission for the purpose of obtaining criminal history record
2046	2046	information.
2047	2047	SECTION 41. Subchapter F, Chapter 411, Government Code, is
2048	2048	amended by adding Section 411.12502 to read as follows:
2049	2049	Sec. 411.12502. ACCESS TO CRIMINAL HISTORY RECORD
2050	2050	INFORMATION: TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL. (a) The
2051	2051	Texas Behavioral Health Executive Council is entitled to obtain
2052	2052	criminal history record information as provided by Subsection (b)
2053	2053	that relates to a person who is an applicant for or licensed as:
2054	2054	(1) a licensed psychologist, licensed psychological
2055	2055	associate, or licensed specialist in school psychology under
2056	2056	Chapter 501, Occupations Code;
2057	2057	(2) a licensed marriage and family therapist or
2058	2058	licensed marriage and family therapist associate under Chapter 502,
2059	2059	Occupations Code;
2060	2060	(3) a licensed professional counselor or licensed
2061	2061	professional counselor associate under Chapter 503, Occupations
2062	2062	Code; or
2063	2063	(4) a licensed baccalaureate social worker, licensed
2064	2064	master social worker, or licensed clinical social worker under
2065	2065	Chapter 505, Occupations Code.
2066	2066	(b) Subject to Section 411.087 and consistent with the
2067	2067	public policy of this state, the Texas Behavioral Health Executive
2068	2068	Council is entitled to:
2069	2069	(1) obtain through the Federal Bureau of Investigation
2070	2070	criminal history record information maintained or indexed by that
2071	2071	bureau that pertains to a person described by Subsection (a); and
2072	2072	(2) obtain from the department or any other criminal
2073	2073	justice agency in this state criminal history record information
2074	2074	maintained by the department or that criminal justice agency that
2075	2075	relates to a person described by Subsection (a).
2076	2076	(c) The Texas Behavioral Health Executive Council may not
2077	2077	release or disclose to any person criminal history record
2078	2078	information obtained from the Federal Bureau of Investigation under
2079	2079	Subsection (b)(1). Criminal history record information obtained by
2080	2080	the executive council under Subsection (b)(2) may not be released
2081	2081	or disclosed to any person except on court order, with the written
2082	2082	consent of the person who is the subject of the criminal history
2083	2083	record information, or as provided by Subsection (d).
2084	2084	(d) The Texas Behavioral Health Executive Council is not
2085	2085	prohibited from disclosing criminal history record information
2086	2086	obtained under Subsection (b)(2) in a criminal proceeding or in a
2087	2087	hearing conducted by the executive council or the State Office of
2088	2088	Administrative Hearings.
2089	2089	(e) The Texas Behavioral Health Executive Council shall
2090	2090	destroy criminal history record information that is obtained under
2091	2091	this section after the information is used for its authorized
2092	2092	purpose.
2093	2093	SECTION 42. Subchapter F, Chapter 411, Government Code, is
2094	2094	amended by adding Section 411.12503 to read as follows:
2095	2095	Sec. 411.12503. ACCESS TO CRIMINAL HISTORY RECORD
2096	2096	INFORMATION: TEXAS BOARD OF CHIROPRACTIC EXAMINERS. (a) The Texas
2097	2097	Board of Chiropractic Examiners is entitled to obtain criminal
2098	2098	history record information as provided by Subsection (b) that
2099	2099	relates to:
2100	2100	(1) a person who is an applicant for a license or
2101	2101	registration under Chapter 201, Occupations Code; or
2102	2102	(2) the holder of a license or registration under
2103	2103	Chapter 201, Occupations Code.
2104	2104	(b) Subject to Section 411.087 and consistent with the
2105	2105	public policy of this state, the Texas Board of Chiropractic
2106	2106	Examiners is entitled to:
2107	2107	(1) obtain through the Federal Bureau of Investigation
2108	2108	criminal history record information maintained or indexed by that
2109	2109	bureau that pertains to a person described by Subsection (a); and
2110	2110	(2) obtain from the department or any other criminal
2111	2111	justice agency in this state criminal history record information
2112	2112	maintained by the department or that criminal justice agency that
2113	2113	relates to a person described by Subsection (a).
2114	2114	(c) The Texas Board of Chiropractic Examiners may not
2115	2115	release or disclose to any person criminal history record
2116	2116	information obtained from the Federal Bureau of Investigation under
2117	2117	Subsection (b)(1). Criminal history record information obtained by
2118	2118	the Texas Board of Chiropractic Examiners under Subsection (b)(2)
2119	2119	may not be released or disclosed to any person except on court
2120	2120	order, with the written consent of the person who is the subject of
2121	2121	the criminal history record information, or as provided by
2122	2122	Subsection (d).
2123	2123	(d) The Texas Board of Chiropractic Examiners is not
2124	2124	prohibited from disclosing criminal history record information
2125	2125	obtained under Subsection (b)(2) in a criminal proceeding or in a
2126	2126	hearing conducted under the authority of the Texas Board of
2127	2127	Chiropractic Examiners.
2128	2128	(e) The Texas Board of Chiropractic Examiners shall destroy
2129	2129	criminal history record information that is obtained under this
2130	2130	section after the information is used for its authorized purpose.
2131	2131	SECTION 43. Subchapter F, Chapter 411, Government Code, is
2132	2132	amended by adding Section 411.12504 to read as follows:
2133	2133	Sec. 411.12504. ACCESS TO CRIMINAL HISTORY RECORD
2134	2134	INFORMATION: STATE BOARD OF DENTAL EXAMINERS. (a) The State Board
2135	2135	of Dental Examiners is entitled to obtain criminal history record
2136	2136	information as provided by Subsection (b) that relates to a person
2137	2137	who:
2138	2138	(1) is an applicant for a license, certificate,
2139	2139	registration, permit, or other authorization under Subtitle D,
2140	2140	Title 3, Occupations Code;
2141	2141	(2) is the holder of a license, certificate,
2142	2142	registration, permit, or other authorization under that subtitle;
2143	2143	(3) requests a determination of eligibility for a
2144	2144	license, certificate, registration, permit, or other authorization
2145	2145	from the State Board of Dental Examiners; or
2146	2146	(4) is an applicant for employment at or current
2147	2147	employee of the State Board of Dental Examiners.
2148	2148	(b) Subject to Section 411.087 and consistent with the
2149	2149	public policy of this state, the State Board of Dental Examiners is
2150	2150	entitled to:
2151	2151	(1) obtain through the Federal Bureau of Investigation
2152	2152	criminal history record information maintained or indexed by that
2153	2153	bureau that pertains to a person described by Subsection (a); and
2154	2154	(2) obtain from the department or any other criminal
2155	2155	justice agency in this state criminal history record information
2156	2156	maintained by the department or that criminal justice agency that
2157	2157	relates to a person described by Subsection (a).
2158	2158	(c) The State Board of Dental Examiners may not release or
2159	2159	disclose to any person criminal history record information obtained
2160	2160	from the Federal Bureau of Investigation under Subsection (b)(1).
2161	2161	Criminal history record information obtained by the State Board of
2162	2162	Dental Examiners under Subsection (b)(2) may not be released or
2163	2163	disclosed to any person except on court order, with the written
2164	2164	consent of the person who is the subject of the criminal history
2165	2165	record information, or as provided by Subsection (d).
2166	2166	(d) The State Board of Dental Examiners is not prohibited
2167	2167	from disclosing criminal history record information obtained under
2168	2168	Subsection (b)(2) in a criminal proceeding or in a hearing
2169	2169	conducted by the State Board of Dental Examiners or the State Office
2170	2170	of Administrative Hearings.
2171	2171	(e) The State Board of Dental Examiners shall destroy
2172	2172	criminal history record information obtained under this section
2173	2173	after a final determination is made in the matter for which the
2174	2174	information was obtained.
2175	2175	SECTION 44. Subchapter F, Chapter 411, Government Code, is
2176	2176	amended by adding Section 411.12505 to read as follows:
2177	2177	Sec. 411.12505. ACCESS TO CRIMINAL HISTORY RECORD
2178	2178	INFORMATION: QUALIFIED SCHOOL CONTRACTORS. (a) In this section,
2179	2179	"qualified school contractor" means an entity that:
2180	2180	(1) contracts or subcontracts to provide services to a
2181	2181	school district, charter school, or shared services arrangement;
2182	2182	and
2183	2183	(2) is determined eligible by the department to obtain
2184	2184	criminal history record information under the National Child
2185	2185	Protection Act of 1993 (34 U.S.C. Section 40101 et seq.) for an
2186	2186	employee, applicant for employment, or volunteer of the qualified
2187	2187	school contractor.
2188	2188	(b) A qualified school contractor is entitled to obtain from
2189	2189	the department or any other criminal justice agency in this state
2190	2190	criminal history record information maintained by the department or
2191	2191	that criminal justice agency that relates to a person described by
2192	2192	Subsection (a)(2).
2193	2193	(c) Criminal history record information obtained by a
2194	2194	qualified school contractor under Subsection (b) in the original
2195	2195	form or any subsequent form:
2196	2196	(1) may not be released to any person except:
2197	2197	(A) to the person who is the subject of the
2198	2198	information;
2199	2199	(B) with the consent of the person who is the
2200	2200	subject of the information;
2201	2201	(C) by court order; or
2202	2202	(D) except as provided by Subsection (d); and
2203	2203	(2) is not subject to disclosure as provided by
2204	2204	Chapter 552.
2205	2205	(d) A qualified school contractor may provide a fitness
2206	2206	determination based on criminal history record information
2207	2207	obtained under this section to a school district, charter school,
2208	2208	or shared services arrangement.
2209	2209	(e) A qualified school contractor shall destroy criminal
2210	2210	history record information that is obtained under this section
2211	2211	after the information is used for its authorized purpose.
2212	2212	(f) The department in coordination with the commissioner of
2213	2213	education may adopt rules necessary to implement this section.
2214	2214	SECTION 45. Subchapter F, Chapter 411, Government Code, is
2215	2215	amended by adding Section 411.12506 to read as follows:
2216	2216	Sec. 411.12506. ACCESS TO CRIMINAL HISTORY RECORD
2217	2217	INFORMATION: TEXAS COMMISSION ON ENVIRONMENTAL QUALITY. (a) The
2218	2218	Texas Commission on Environmental Quality is entitled to obtain
2219	2219	criminal history record information as provided by Subsection (b)
2220	2220	that relates to a person who:
2221	2221	(1) is an applicant for a license, permit, or
2222	2222	registration under:
2223	2223	(A) Chapters 341, 361, and 366, Health and Safety
2224	2224	Code;
2225	2225	(B) Chapter 1903, Occupations Code; or
2226	2226	(C) Chapters 26 and 37, Water Code;
2227	2227	(2) is the holder of a license, permit, or
2228	2228	registration under a provision listed in Subdivision (1); or
2229	2229	(3) requests a determination of eligibility for a
2230	2230	license, permit, or registration from the agency under a provision
2231	2231	listed in Subdivision (1).
2232	2232	(b) Subject to Section 411.087 and consistent with the
2233	2233	public policy of this state, the Texas Commission on Environmental
2234	2234	Quality is entitled to:
2235	2235	(1) obtain through the Federal Bureau of Investigation
2236	2236	criminal history record information maintained or indexed by that
2237	2237	bureau that pertains to a person described by Subsection (a); and
2238	2238	(2) obtain from the department or any other criminal
2239	2239	justice agency in this state criminal history record information
2240	2240	maintained by the department or that criminal justice agency that
2241	2241	relates to a person described by Subsection (a).
2242	2242	(c) The Texas Commission on Environmental Quality may not
2243	2243	release or disclose to any person criminal history record
2244	2244	information obtained from the Federal Bureau of Investigation under
2245	2245	Subsection (b)(1). Criminal history record information obtained by
2246	2246	the Texas Commission on Environmental Quality under Subsection
2247	2247	(b)(2) may not be released or disclosed to any person except on
2248	2248	court order, with the written consent of the person who is the
2249	2249	subject of the criminal history record information, or as provided
2250	2250	by Subsection (d).
2251	2251	(d) The Texas Commission on Environmental Quality is not
2252	2252	prohibited from disclosing criminal history record information
2253	2253	obtained under Subsection (b)(2) in a criminal proceeding or in an
2254	2254	administrative proceeding conducted by the Texas Commission on
2255	2255	Environmental Quality or the State Office of Administrative
2256	2256	Hearings.
2257	2257	(e) The Texas Commission on Environmental Quality shall
2258	2258	destroy criminal history record information that is obtained under
2259	2259	this section after the information is used for its authorized
2260	2260	purpose.
2261	2261	SECTION 46. Subchapter F, Chapter 411, Government Code, is
2262	2262	amended by adding Section 411.12507 to read as follows:
2263	2263	Sec. 411.12507. ACCESS TO CRIMINAL HISTORY RECORD
2264	2264	INFORMATION: TEXAS FUNERAL SERVICE COMMISSION. (a) The Texas
2265	2265	Funeral Service Commission is entitled to obtain criminal history
2266	2266	record information as provided by Subsection (b) that relates to:
2267	2267	(1) a person who is:
2268	2268	(A) an applicant for a license or certificate
2269	2269	under Sections 651.259 and 651.302, Occupations Code; or
2270	2270	(B) the holder of a license or certificate under
2271	2271	Chapter 651, Occupations Code;
2272	2272	(2) an applicant for a license or a license holder
2273	2273	under Chapter 651, Occupations Code;
2274	2274	(3) an applicant for employment at or current employee
2275	2275	of the Texas Funeral Service Commission; or
2276	2276	(4) a person authorized to access vital records or the
2277	2277	vital records electronic registration system under Chapter 191,
2278	2278	Health and Safety Code, or a funeral director.
2279	2279	(b) Subject to Section 411.087 and consistent with the
2280	2280	public policy of this state, the Texas Funeral Service Commission
2281	2281	is entitled to:
2282	2282	(1) obtain through the Federal Bureau of Investigation
2283	2283	criminal history record information maintained or indexed by that
2284	2284	bureau that pertains to a person described by Subsection (a); and
2285	2285	(2) obtain from the department or any other criminal
2286	2286	justice agency in this state criminal history record information
2287	2287	maintained by the department or that criminal justice agency that
2288	2288	relates to a person described by Subsection (a).
2289	2289	(c) The Texas Funeral Service Commission may not release or
2290	2290	disclose to any person criminal history record information obtained
2291	2291	from the Federal Bureau of Investigation under Subsection (b)(1).
2292	2292	Criminal history record information obtained by the Texas Funeral
2293	2293	Service Commission under Subsection (b)(2) may not be released or
2294	2294	disclosed to any person except on court order, with the written
2295	2295	consent of the person who is the subject of the criminal history
2296	2296	record information, or as provided by Subsection (d).
2297	2297	(d) The Texas Funeral Service Commission is not prohibited
2298	2298	from disclosing criminal history record information obtained under
2299	2299	Subsection (b)(2) in a criminal proceeding or in a hearing
2300	2300	conducted by the Texas Funeral Service Commission.
2301	2301	(e) The Texas Funeral Service Commission may not consider
2302	2302	offenses described by Section 542.304, Transportation Code, to
2303	2303	determine whether to hire or retain an employee or to contract with
2304	2304	a person on whom criminal history record information is obtained
2305	2305	under this section.
2306	2306	(f) The Texas Funeral Service Commission shall destroy
2307	2307	criminal history record information that is obtained under this
2308	2308	section after the information is used for its authorized purpose.
2309	2309	SECTION 47. Subchapter F, Chapter 411, Government Code, is
2310	2310	amended by adding Section 411.12508 to read as follows:
2311	2311	Sec. 411.12508. ACCESS TO CRIMINAL HISTORY RECORD
2312	2312	INFORMATION: MANUFACTURED HOUSING DIVISION. (a) The manufactured
2313	2313	housing division of the Texas Department of Housing and Community
2314	2314	Affairs is entitled to obtain criminal history record information
2315	2315	as provided by Subsection (b) that relates to a person who is:
2316	2316	(1) an applicant for or holder of a license under
2317	2317	Chapter 1201, Occupations Code; or
2318	2318	(2) an owner, officer, or related person or manager of
2319	2319	a person described by Subdivision (1).
2320	2320	(b) Subject to Section 411.087 of this code and Chapter
2321	2321	1201, Occupations Code, and consistent with the public policy of
2322	2322	this state, the manufactured housing division is entitled to:
2323	2323	(1) obtain through the Federal Bureau of Investigation
2324	2324	criminal history record information maintained or indexed by that
2325	2325	bureau that pertains to a person described by Subsection (a); and
2326	2326	(2) obtain from the department or any other criminal
2327	2327	justice agency in this state criminal history record information
2328	2328	maintained by the department or that criminal justice agency that
2329	2329	relates to a person described by Subsection (a).
2330	2330	(c) The manufactured housing division may not release or
2331	2331	disclose to any person criminal history record information obtained
2332	2332	from the Federal Bureau of Investigation under Subsection (b)(1).
2333	2333	Criminal history record information obtained by the manufactured
2334	2334	housing division under Subsection (b)(2) may not be released or
2335	2335	disclosed to any person except on court order, with the written
2336	2336	consent of the person who is the subject of the criminal history
2337	2337	record information, or as provided by Subsection (d).
2338	2338	(d) The manufactured housing division is not prohibited
2339	2339	from disclosing criminal history record information obtained under
2340	2340	Subsection (b)(2) in a criminal proceeding or in a hearing
2341	2341	conducted by the manufactured housing division. Certified public
2342	2342	documents that contain criminal history record information
2343	2343	described by Subsection (b)(2) but that the division does not
2344	2344	obtain under that subdivision may be used in a criminal or civil
2345	2345	proceeding or in a hearing conducted by the manufactured housing
2346	2346	division.
2347	2347	(e) The manufactured housing division shall destroy
2348	2348	criminal history record information that is obtained under this
2349	2349	section after the information is used for its authorized purpose.
2350	2350	SECTION 48. Subchapter F, Chapter 411, Government Code, is
2351	2351	amended by adding Section 411.12509 to read as follows:
2352	2352	Sec. 411.12509. ACCESS TO CRIMINAL HISTORY RECORD
2353	2353	INFORMATION: STATE FIRE MARSHAL. (a) The state fire marshal is
2354	2354	entitled to obtain criminal history record information as provided
2355	2355	by Subsection (b) that relates to a person who is an applicant for a
2356	2356	license issued by the state fire marshal.
2357	2357	(b) Subject to Section 411.087 and consistent with the
2358	2358	public policy of this state, the state fire marshal is entitled to:
2359	2359	(1) obtain through the Federal Bureau of Investigation
2360	2360	criminal history record information maintained or indexed by that
2361	2361	bureau that pertains to a person described by Subsection (a); and
2362	2362	(2) obtain from the department or any other criminal
2363	2363	justice agency in this state criminal history record information
2364	2364	maintained by the department or that criminal justice agency that
2365	2365	relates to a person described by Subsection (a).
2366	2366	(c) The state fire marshal may not release or disclose to
2367	2367	any person criminal history record information obtained from the
2368	2368	Federal Bureau of Investigation under Subsection (b)(1). Criminal
2369	2369	history record information obtained by the state fire marshal under
2370	2370	Subsection (b)(2) may not be disclosed or released to any person
2371	2371	except on court order, with the written consent of the person who is
2372	2372	the subject of the criminal history record information, or as
2373	2373	provided by Subsection (d).
2374	2374	(d) The state fire marshal is not prohibited from disclosing
2375	2375	criminal history record information obtained under Subsection
2376	2376	(b)(2) in a criminal proceeding or in a hearing conducted by the
2377	2377	state fire marshal.
2378	2378	(e) The state fire marshal shall destroy criminal history
2379	2379	record information that is obtained under this section after the
2380	2380	information is used for its authorized purpose.
2381	2381	SECTION 49. Subchapter F, Chapter 411, Government Code, is
2382	2382	amended by adding Section 411.12510 to read as follows:
2383	2383	Sec. 411.12510. ACCESS TO CRIMINAL HISTORY RECORD
2384	2384	INFORMATION: TEXAS MEDICAL BOARD. (a) The Texas Medical Board is
2385	2385	entitled to obtain criminal history record information as provided
2386	2386	by Subsection (b) that relates to a person who is:
2387	2387	(1) an applicant for or holder of a license to practice
2388	2388	medicine;
2389	2389	(2) an applicant for or holder of a license to practice
2390	2390	as a physician assistant;
2391	2391	(3) an applicant for or holder of a license to practice
2392	2392	as an acupuncturist;
2393	2393	(4) an applicant for or holder of a certificate to
2394	2394	practice as an acudetox specialist;
2395	2395	(5) an applicant for or holder of a license to practice
2396	2396	as a surgical assistant;
2397	2397	(6) an applicant for or holder of a general
2398	2398	certificate to perform radiologic procedures, limited certificate
2399	2399	to perform radiologic procedures only on specific parts of the
2400	2400	body, or radiologist assistant certificate;
2401	2401	(7) an applicant for or holder of a placement on the
2402	2402	registry of noncertified technicians;
2403	2403	(8) an employee of an applicant for a hardship
2404	2404	exemption;
2405	2405	(9) an applicant for or holder of a license to practice
2406	2406	as a medical physicist;
2407	2407	(10) an applicant for or holder of a license to
2408	2408	practice as a perfusionist;
2409	2409	(11) an applicant for or holder of a license to
2410	2410	practice as a respiratory care practitioner; and
2411	2411	(12) an applicant for or holder of a pain management
2412	2412	clinic certificate.
2413	2413	(b) Subject to Section 411.087 and consistent with the
2414	2414	public policy of this state, the Texas Medical Board is entitled to:
2415	2415	(1) obtain through the Federal Bureau of Investigation
2416	2416	criminal history record information maintained or indexed by that
2417	2417	bureau that pertains to a person described by Subsection (a); and
2418	2418	(2) obtain from the department or any other criminal
2419	2419	justice agency in this state criminal history record information
2420	2420	maintained by the department or that criminal justice agency that
2421	2421	relates to a person described by Subsection (a).
2422	2422	(c) The Texas Medical Board may not release or disclose to
2423	2423	any person criminal history record information obtained from the
2424	2424	Federal Bureau of Investigation under Subsection (b)(1). Criminal
2425	2425	history record information obtained by the Texas Medical Board
2426	2426	under Subsection (b)(2) may not be released or disclosed to any
2427	2427	person, except as provided by Subsection (d).
2428	2428	(d) The Texas Medical Board is not prohibited from
2429	2429	disclosing criminal history record information obtained under
2430	2430	Subsection (b)(2) in a hearing conducted by the Texas Medical Board
2431	2431	or its advisory boards.
2432	2432	(e) The Texas Medical Board shall destroy criminal history
2433	2433	record information that is obtained under this section after the
2434	2434	information is used for its authorized purpose.
2435	2435	SECTION 50. Subchapter F, Chapter 411, Government Code, is
2436	2436	amended by adding Section 411.12511 to read as follows:
2437	2437	Sec. 411.12511. ACCESS TO CRIMINAL HISTORY RECORD
2438	2438	INFORMATION: TEXAS DEPARTMENT OF MOTOR VEHICLES. (a) The Texas
2439	2439	Department of Motor Vehicles is entitled to obtain criminal history
2440	2440	record information as provided by Subsection (b) that relates to a
2441	2441	person:
2442	2442	(1) who is an applicant for or holds a general
2443	2443	distinguishing number under Chapter 503, Transportation Code;
2444	2444	(2) who is an applicant for or holds a license under
2445	2445	Chapter 2301 or 2302, Occupations Code; or
2446	2446	(3) who is an officer, director, member, manager,
2447	2447	principal, partner, trustee, or other person acting in a
2448	2448	representative capacity for an applicant, general distinguishing
2449	2449	number holder, or license holder and whose act or omission would be
2450	2450	cause for denying, revoking, or suspending a general distinguishing
2451	2451	number or license issued under Chapter 503, Transportation Code, or
2452	2452	Chapter 2301 or 2302, Occupations Code.
2453	2453	(b) Subject to Section 411.087 and consistent with the
2454	2454	public policy of this state, the Texas Department of Motor Vehicles
2455	2455	is entitled to:
2456	2456	(1) obtain through the Federal Bureau of Investigation
2457	2457	criminal history record information maintained or indexed by that
2458	2458	bureau that pertains to a person described by Subsection (a); and
2459	2459	(2) obtain from the department or any other criminal
2460	2460	justice agency in this state criminal history record information
2461	2461	maintained by the department or that criminal justice agency that
2462	2462	relates to a person described by Subsection (a).
2463	2463	(c) The Texas Department of Motor Vehicles may not release
2464	2464	or disclose to any person criminal history record information
2465	2465	obtained from the Federal Bureau of Investigation under Subsection
2466	2466	(b)(1). Criminal history record information obtained by the Texas
2467	2467	Department of Motor Vehicles under Subsection (b)(2) may not be
2468	2468	released or disclosed to any person except on court order, with the
2469	2469	written consent of the person who is the subject of the criminal
2470	2470	history record information, or as provided by Subsection (d).
2471	2471	(d) The Texas Department of Motor Vehicles is not prohibited
2472	2472	from disclosing criminal history record information obtained under
2473	2473	Subsection (b)(2) in a criminal proceeding or in a hearing in which
2474	2474	the Texas Department of Motor Vehicles is a party.
2475	2475	(e) The Texas Department of Motor Vehicles shall destroy
2476	2476	criminal history record information that is obtained under this
2477	2477	section after the information is used for its authorized purpose.
2478	2478	SECTION 51. Subchapter F, Chapter 411, Government Code, is
2479	2479	amended by adding Section 411.12512 to read as follows:
2480	2480	Sec. 411.12512. ACCESS TO CRIMINAL HISTORY RECORD
2481	2481	INFORMATION: TEXAS OPTOMETRY BOARD. (a) The Texas Optometry Board
2482	2482	is entitled to obtain criminal history record information as
2483	2483	provided by Subsection (b) that relates to a person who is:
2484	2484	(1) an applicant for a license under Section 351.251,
2485	2485	Occupations Code; or
2486	2486	(2) the holder of a license under Section 351.302,
2487	2487	Occupations Code.
2488	2488	(b) Subject to Section 411.087 of this code and Sections
2489	2489	351.2525 and 351.3045, Occupations Code, and consistent with the
2490	2490	public policy of this state, the Texas Optometry Board is entitled
2491	2491	to:
2492	2492	(1) obtain through the Federal Bureau of Investigation
2493	2493	criminal history record information maintained or indexed by that
2494	2494	bureau that pertains to a person described by Subsection (a); and
2495	2495	(2) obtain from the department or any other criminal
2496	2496	justice agency in this state criminal history record information
2497	2497	maintained by the department or that criminal justice agency that
2498	2498	relates to a person described by Subsection (a).
2499	2499	(c) The Texas Optometry Board may not release or disclose to
2500	2500	any person criminal history record information obtained from the
2501	2501	Federal Bureau of Investigation under Subsection (b)(1). Criminal
2502	2502	history record information obtained by the Texas Optometry Board
2503	2503	under Subsection (b)(2) may not be released or disclosed to any
2504	2504	person except on court order, with the written consent of the person
2505	2505	who is the subject of the criminal history record information, or as
2506	2506	provided by Subsection (d).
2507	2507	(d) The Texas Optometry Board is not prohibited from
2508	2508	disclosing criminal history record information obtained under
2509	2509	Subsection (b)(2) in a criminal proceeding or in a hearing
2510	2510	conducted by the Texas Optometry Board.
2511	2511	(e) The Texas Optometry Board shall destroy criminal
2512	2512	history record information that is obtained under this section
2513	2513	after the information is used for its authorized purpose.
2514	2514	SECTION 52. Subchapter F, Chapter 411, Government Code, is
2515	2515	amended by adding Section 411.12513 to read as follows:
2516	2516	Sec. 411.12513. ACCESS TO CRIMINAL HISTORY RECORD
2517	2517	INFORMATION: EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND
2518	2518	OCCUPATIONAL THERAPY EXAMINERS. (a) The Executive Council of
2519	2519	Physical Therapy and Occupational Therapy Examiners is entitled to
2520	2520	obtain criminal history record information as provided by
2521	2521	Subsection (b) that relates to a person who is:
2522	2522	(1) an applicant for or the holder of a physical
2523	2523	therapist or physical therapist assistant license under Chapter
2524	2524	453, Occupations Code; or
2525	2525	(2) an applicant for or the holder of an occupational
2526	2526	therapist or occupational therapy assistant license under Chapter
2527	2527	454, Occupations Code.
2528	2528	(b) Subject to Section 411.087 and consistent with the
2529	2529	public policy of this state, the Executive Council of Physical
2530	2530	Therapy and Occupational Therapy Examiners is entitled to:
2531	2531	(1) obtain through the Federal Bureau of Investigation
2532	2532	criminal history record information maintained or indexed by that
2533	2533	bureau that pertains to a person described by Subsection (a); and
2534	2534	(2) obtain from the department or any other criminal
2535	2535	justice agency in this state criminal history record information
2536	2536	maintained by the department or that criminal justice agency that
2537	2537	relates to a person described by Subsection (a).
2538	2538	(c) The Executive Council of Physical Therapy and
2539	2539	Occupational Therapy Examiners may not release or disclose to any
2540	2540	person criminal history record information obtained from the
2541	2541	Federal Bureau of Investigation under Subsection (b)(1). Criminal
2542	2542	history record information obtained by the Executive Council of
2543	2543	Physical Therapy and Occupational Therapy Examiners under
2544	2544	Subsection (b)(2) may not be released or disclosed to any person
2545	2545	except on court order, with the written consent of the person who is
2546	2546	the subject of the criminal history record information, or as
2547	2547	provided by Subsection (d).
2548	2548	(d) The Executive Council of Physical Therapy and
2549	2549	Occupational Therapy Examiners is not prohibited from disclosing
2550	2550	criminal history record information obtained under Subsection
2551	2551	(b)(2) in a criminal proceeding or in a hearing conducted by the
2552	2552	Executive Council of Physical Therapy and Occupational Therapy
2553	2553	Examiners.
2554	2554	(e) The Executive Council of Physical Therapy and
2555	2555	Occupational Therapy Examiners shall destroy criminal history
2556	2556	record information that is obtained under this section after the
2557	2557	information is used for its authorized purpose.
2558	2558	SECTION 53. Subchapter F, Chapter 411, Government Code, is
2559	2559	amended by adding Section 411.12514 to read as follows:
2560	2560	Sec. 411.12514. ACCESS TO CRIMINAL HISTORY RECORD
2561	2561	INFORMATION: TEXAS STATE BOARD OF PLUMBING EXAMINERS. (a) The
2562	2562	Texas State Board of Plumbing Examiners is entitled to obtain
2563	2563	criminal history record information as provided by Subsection (b)
2564	2564	that relates to an applicant for a license, registration,
2565	2565	endorsement, or certificate under Chapter 1301, Occupations Code,
2566	2566	including a license, registration, endorsement, or certificate, as
2567	2567	applicable, for any of the following functions: master plumber,
2568	2568	journeyman plumber, plumbing inspector, tradesman-plumber limited,
2569	2569	plumber's apprentice, multipurpose residential fire protection
2570	2570	sprinkler specialist, water supply protection specialist, and
2571	2571	medical gas piping installation.
2572	2572	(b) Subject to Section 411.087 and consistent with the
2573	2573	public policy of this state, the Texas State Board of Plumbing
2574	2574	Examiners is entitled to:
2575	2575	(1) obtain through the Federal Bureau of Investigation
2576	2576	criminal history record information maintained or indexed by that
2577	2577	bureau that pertains to a person described by Subsection (a); and
2578	2578	(2) obtain from the department or any other criminal
2579	2579	justice agency in this state criminal history record information
2580	2580	maintained by the department or that criminal justice agency that
2581	2581	relates to a person described by Subsection (a).
2582	2582	(c) The Texas State Board of Plumbing Examiners may not
2583	2583	release or disclose to any person criminal history record
2584	2584	information obtained from the Federal Bureau of Investigation under
2585	2585	Subsection (b)(1). Criminal history record information obtained by
2586	2586	the Texas State Board of Plumbing Examiners under Subsection (b)(2)
2587	2587	may not be released or disclosed to any person except on court
2588	2588	order, with the written consent of the person or entity that is the
2589	2589	subject of the criminal history record information, or as provided
2590	2590	by Subsection (d).
2591	2591	(d) The Texas State Board of Plumbing Examiners is not
2592	2592	prohibited from disclosing criminal history record information
2593	2593	obtained under Subsection (b)(2) in a criminal proceeding or in a
2594	2594	hearing conducted by the Texas State Board of Plumbing Examiners.
2595	2595	(e) The Texas State Board of Plumbing Examiners shall
2596	2596	destroy criminal history record information that is obtained under
2597	2597	this section after the information is used for its authorized
2598	2598	purpose.
2599	2599	SECTION 54. Subchapter F, Chapter 411, Government Code, is
2600	2600	amended by adding Section 411.12515 to read as follows:
2601	2601	Sec. 411.12515. ACCESS TO CRIMINAL HISTORY RECORD
2602	2602	INFORMATION: TEXAS REAL ESTATE COMMISSION AND TEXAS APPRAISER
2603	2603	LICENSING AND CERTIFICATION BOARD. (a) In this section:
2604	2604	(1) "Board" means the Texas Appraiser Licensing and
2605	2605	Certification Board.
2606	2606	(2) "Commission" means the Texas Real Estate
2607	2607	Commission.
2608	2608	(b) The commission is entitled to obtain criminal history
2609	2609	record information as provided by Subsection (d) that relates to:
2610	2610	(1) an applicant for an initial broker or sales agent
2611	2611	license or renewal of a broker or sales agent license under Chapter
2612	2612	1101, Occupations Code;
2613	2613	(2) an applicant for an original certificate of
2614	2614	registration as an easement or right-of-way agent or renewal of a
2615	2615	certificate of registration as an easement or right-of-way agent
2616	2616	under Chapter 1101, Occupations Code; or
2617	2617	(3) an applicant for an apprentice inspector license,
2618	2618	a real estate inspector license, or a professional inspector
2619	2619	license or renewal of an apprentice inspector license, a real
2620	2620	estate inspector license, or a professional inspector license under
2621	2621	Chapter 1102, Occupations Code.
2622	2622	(c) The board is entitled to obtain criminal history record
2623	2623	information as provided by Subsection (d) that relates to:
2624	2624	(1) an applicant for an appraiser trainee license, a
2625	2625	residential appraiser license, a residential appraiser
2626	2626	certificate, or a general appraiser certificate or renewal of an
2627	2627	appraiser trainee license, a residential appraiser license, a
2628	2628	residential appraiser certificate, or a general appraiser
2629	2629	certificate under Chapter 1103, Occupations Code; or
2630	2630	(2) an applicant for registration or renewal of a
2631	2631	registration as an appraisal management company under Chapter 1104,
2632	2632	Occupations Code.
2633	2633	(d) Subject to Section 411.087 of this code and Sections
2634	2634	1101.3521, 1101.4521, 1101.5041, 1102.1051, and 1103.2031,
2635	2635	Occupations Code, and consistent with the public policy of this
2636	2636	state, the commission and the board are entitled to:
2637	2637	(1) obtain through the Federal Bureau of Investigation
2638	2638	criminal history record information maintained or indexed by that
2639	2639	bureau that pertains to a person described by Subsection (b) or (c);
2640	2640	and
2641	2641	(2) obtain from the department or any other criminal
2642	2642	justice agency in this state criminal history record information
2643	2643	maintained by the department or that criminal justice agency that
2644	2644	relates to a person described by Subsection (b) or (c).
2645	2645	(e) The commission or the board, as applicable, may not
2646	2646	release or disclose to any person criminal history record
2647	2647	information obtained from the Federal Bureau of Investigation under
2648	2648	Subsection (d)(1). The commission or the board, as applicable, is
2649	2649	not prohibited from disclosing criminal history record information
2650	2650	obtained under Subsection (d)(2) in a criminal proceeding or in a
2651	2651	hearing conducted by the State Office of Administrative Hearings on
2652	2652	behalf of that agency.
2653	2653	(f) The commission or board shall destroy criminal history
2654	2654	record information that is obtained under this section after the
2655	2655	information is used for its authorized purpose.
2656	2656	SECTION 55. Subchapter F, Chapter 411, Government Code, is
2657	2657	amended by adding Section 411.12516 to read as follows:
2658	2658	Sec. 411.12516. ACCESS TO CRIMINAL HISTORY RECORD
2659	2659	INFORMATION: TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND
2660	2660	SURVEYORS. (a) The Texas Board of Professional Engineers and Land
2661	2661	Surveyors is entitled to obtain criminal history record information
2662	2662	as provided by Subsection (b) that relates to an applicant for or
2663	2663	holder of a license under Chapters 1001 and 1071, Occupations Code.
2664	2664	(b) Subject to Section 411.087 of this code and Section
2665	2665	1001.272, Occupations Code, and consistent with the public policy
2666	2666	of this state, the Texas Board of Professional Engineers and Land
2667	2667	Surveyors is entitled to:
2668	2668	(1) obtain through the Federal Bureau of Investigation
2669	2669	criminal history record information maintained or indexed by that
2670	2670	bureau that pertains to a person described by Subsection (a); and
2671	2671	(2) obtain from the department or any other criminal
2672	2672	justice agency in this state criminal history record information
2673	2673	maintained by the department or that criminal justice agency that
2674	2674	relates to a person described by Subsection (a).
2675	2675	(c) The Texas Board of Professional Engineers and Land
2676	2676	Surveyors may not release or disclose to any person criminal
2677	2677	history record information obtained from the Federal Bureau of
2678	2678	Investigation under Subsection (b)(1). Criminal history record
2679	2679	information obtained by the Texas Board of Professional Engineers
2680	2680	and Land Surveyors under Subsection (b)(2) may not be released or
2681	2681	disclosed to any person except on court order, with the written
2682	2682	consent of the person who is the subject of the criminal history
2683	2683	record information, or as provided by Subsection (d).
2684	2684	(d) The Texas Board of Professional Engineers and Land
2685	2685	Surveyors is not prohibited from disclosing criminal history record
2686	2686	information obtained under Subsection (b)(2) in a criminal
2687	2687	proceeding or in a hearing conducted by the Texas Board of
2688	2688	Professional Engineers and Land Surveyors.
2689	2689	(e) The Texas Board of Professional Engineers and Land
2690	2690	Surveyors shall destroy criminal history record information that is
2691	2691	obtained under this section after the information is used for its
2692	2692	authorized purpose.
2693	2693	SECTION 56. Subchapter F, Chapter 411, Government Code, is
2694	2694	amended by adding Section 411.12517 to read as follows:
2695	2695	Sec. 411.12517. ACCESS TO CRIMINAL HISTORY RECORD
2696	2696	INFORMATION: TEXAS STATE BOARD OF PHARMACY. (a) The Texas State
2697	2697	Board of Pharmacy is entitled to obtain criminal history record
2698	2698	information as provided by Subsection (b) that relates to a person
2699	2699	who:
2700	2700	(1) is an applicant for or holder of a license,
2701	2701	certificate, registration, permit, or other authorization under
2702	2702	Chapters 557, 558, 559, and 568, Occupations Code;
2703	2703	(2) is an applicant for or holder of a Class A, Class
2704	2704	B, Class C, Class D, or Class E pharmacy license under Chapters 560
2705	2705	and 561, Occupations Code;
2706	2706	(3) requests a determination of eligibility for a
2707	2707	license, certificate, registration, permit, or other authorization
2708	2708	from the Texas State Board of Pharmacy; or
2709	2709	(4) is an applicant for employment at or current
2710	2710	employee of the Texas State Board of Pharmacy.
2711	2711	(b) Subject to Section 411.087 and consistent with the
2712	2712	public policy of this state, the Texas State Board of Pharmacy is
2713	2713	entitled to:
2714	2714	(1) obtain through the Federal Bureau of Investigation
2715	2715	criminal history record information maintained or indexed by that
2716	2716	bureau that pertains to a person described by Subsection (a); and
2717	2717	(2) obtain from the department or any other criminal
2718	2718	justice agency in this state criminal history record information
2719	2719	maintained by the department or that criminal justice agency that
2720	2720	relates to a person described by Subsection (a).
2721	2721	(c) The Texas State Board of Pharmacy may not release or
2722	2722	disclose to any person criminal history record information obtained
2723	2723	from the Federal Bureau of Investigation under Subsection (b)(1).
2724	2724	Criminal history record information obtained by the Texas State
2725	2725	Board of Pharmacy under Subsection (b)(2) may not be released or
2726	2726	disclosed to any person except on court order, with the written
2727	2727	consent of the person who is the subject of the criminal history
2728	2728	record information, or as provided by Subsection (d).
2729	2729	(d) The Texas State Board of Pharmacy is not prohibited from
2730	2730	disclosing criminal history record information obtained under
2731	2731	Subsection (b)(2) in a criminal proceeding or in a hearing
2732	2732	conducted by the Texas State Board of Pharmacy or the State Office
2733	2733	of Administrative Hearings.
2734	2734	(e) The Texas State Board of Pharmacy shall destroy criminal
2735	2735	history record information obtained under this section after a
2736	2736	final determination is made in the matter for which the information
2737	2737	was obtained.
2738	2738	SECTION 57. The heading to Section 411.1296, Government
2739	2739	Code, is amended to read as follows:
2740	2740	Sec. 411.1296. ACCESS TO CRIMINAL HISTORY RECORD
2741	2741	INFORMATION: EMPLOYMENT BY APPRAISAL DISTRICT, [AND] APPOINTMENT
2742	2742	TO APPRAISAL REVIEW BOARD FOR APPRAISAL DISTRICT, AND APPLICANT TO
2743	2743	TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD.
2744	2744	SECTION 58. Section 411.1296, Government Code, is amended
2745	2745	by amending Subsections (a) and (c) and adding Subsections (a-1),
2746	2746	(d), (e), and (f) to read as follows:
2747	2747	(a) Except as provided by Subsection (b), an appraisal
2748	2748	district established by Section 6.01, Tax Code, and the Texas
2749	2749	Appraiser Licensing and Certification Board are [is] entitled to
2750	2750	obtain [from the department] criminal history record information as
2751	2751	provided by Subsection (a-1) [maintained by the department] that
2752	2752	relates to a person who is an applicant for employment by the
2753	2753	appraisal district, [or] for appointment to the appraisal review
2754	2754	board for the appraisal district, for a license or certification as
2755	2755	an appraiser trainee, licensed residential appraiser, certified
2756	2756	residential appraiser, or certified general appraiser, or for an
2757	2757	appraisal management company regulated by the Texas Appraiser
2758	2758	Licensing and Certification Board.
2759	2759	(a-1) Subject to Section 411.087 and consistent with the
2760	2760	public policy of this state, an appraisal district and the Texas
2761	2761	Appraiser Licensing and Certification Board are entitled to:
2762	2762	(1) obtain through the Federal Bureau of Investigation
2763	2763	criminal history record information maintained or indexed by that
2764	2764	bureau that pertains to a person described by Subsection (a); and
2765	2765	(2) obtain from the department or any other criminal
2766	2766	justice agency in this state criminal history record information
2767	2767	maintained by the department or that criminal justice agency that
2768	2768	relates to a person described by Subsection (a).
2769	2769	(c) The appraisal district may provide criminal history
2770	2770	record information obtained under Subsection (a-1)(2) [this
2771	2771	section] to the local administrative district judge or to the
2772	2772	appraisal review board commissioners appointed by the local
2773	2773	administrative district judge.
2774	2774	(d) An appraisal district or the Texas Appraiser Licensing
2775	2775	and Certification Board, as applicable, may not release or disclose
2776	2776	to any person criminal history record information obtained from the
2777	2777	Federal Bureau of Investigation under Subsection (a-1)(1).
2778	2778	Criminal history record information obtained by an appraisal
2779	2779	district or the Texas Appraiser Licensing and Certification Board
2780	2780	under Subsection (a-1)(2) may not be released or disclosed to any
2781	2781	person except on court order, with the written consent of the person
2782	2782	who is the subject of the criminal history record information, or as
2783	2783	provided by Subsections (c) and (e).
2784	2784	(e) An appraisal district or the Texas Appraiser Licensing
2785	2785	and Certification Board is not prohibited from disclosing criminal
2786	2786	history record information obtained under Subsection (a-1)(2) in a
2787	2787	criminal proceeding or in a hearing conducted by an appraisal
2788	2788	district or the Texas Appraiser Licensing and Certification Board.
2789	2789	(f) An appraisal district or the Texas Appraiser Licensing
2790	2790	and Certification Board shall destroy criminal history record
2791	2791	information that is obtained under this section after the
2792	2792	information is used for its authorized purpose.
2793	2793	SECTION 59. Section 411.1386, Government Code, is amended
2794	2794	by amending Subsections (a), (a-6), (b), (c), (g), and (h) and
2795	2795	adding Subsections (a-7) and (c-1) to read as follows:
2796	2796	(a) Except as provided by Subsections (a-1)[, (a-5),] and
2797	2797	(a-6), the clerk of the county having venue over a proceeding for
2798	2798	the appointment of a guardian under Title 3, Estates Code, shall
2799	2799	obtain [from the department] criminal history record information as
2800	2800	provided by Subsection (a-7) [maintained by the department] that
2801	2801	relates to[:
2802	2802	[(1) a private professional guardian;
2803	2803	[(2) each person who represents or plans to represent
2804	2804	the interests of a ward as a guardian on behalf of the private
2805	2805	professional guardian;
2806	2806	[(3) each person employed by a private professional
2807	2807	guardian who will:
2808	2808	[(A) have personal contact with a ward or
2809	2809	proposed ward;
2810	2810	[(B) exercise control over and manage a ward's
2811	2811	estate; or
2812	2812	[(C) perform any duties with respect to the
2813	2813	management of a ward's estate;
2814	2814	[(4) each person employed by or volunteering or
2815	2815	contracting with a guardianship program to provide guardianship
2816	2816	services to a ward of the program on the program's behalf; or
2817	2817	[(5)] any [other] person proposed to serve as a
2818	2818	guardian under Title 3, Estates Code, including a proposed
2819	2819	temporary guardian, [and] a proposed successor guardian, or any
2820	2820	person who will have contact with the proposed ward or the proposed
2821	2821	ward's estate on behalf of the proposed guardian, other than an
2822	2822	attorney or a certified guardian.
2823	2823	(a-6) The clerk described by Subsection (a) is not required
2824	2824	to obtain criminal history record information from the department
2825	2825	for a person if the Judicial Branch Certification Commission
2826	2826	conducted a criminal history check on the person under Sections
2827	2827	155.203 and 155.207 [Chapter 155]. The commission shall provide to
2828	2828	the clerk [at the court's request] the criminal history record
2829	2829	information that was obtained from the department [or the Federal
2830	2830	Bureau of Investigation]. The clerk shall, in accordance with
2831	2831	Subsection (a-7)(1), obtain criminal history record information
2832	2832	from the Federal Bureau of Investigation identification division
2833	2833	relating to any person described by Subsection (a).
2834	2834	(a-7) Subject to Section 411.087 and consistent with the
2835	2835	public policy of this state, the clerk described by Subsection (a)
2836	2836	is entitled to:
2837	2837	(1) obtain through the Federal Bureau of Investigation
2838	2838	criminal history record information maintained or indexed by that
2839	2839	bureau that pertains to a person described by Subsection (a); and
2840	2840	(2) obtain from the department or any other criminal
2841	2841	justice agency in this state criminal history record information
2842	2842	maintained by the department or that criminal justice agency that
2843	2843	relates to a person described by Subsection (a).
2844	2844	(b) Criminal history record information obtained by or
2845	2845	provided to a clerk under this section [Subsection (a), (a-5), or
2846	2846	(a-6)] is for the exclusive use of the court and is privileged and
2847	2847	confidential.
2848	2848	(c) A clerk may not release or disclose to any person
2849	2849	criminal history record information obtained from the Federal
2850	2850	Bureau of Investigation under Subsection (a-7)(1). Criminal
2851	2851	history record information obtained by or provided to a clerk under
2852	2852	Subsection (a-7)(2) [(a), (a-5),] or (a-6) may not be released or
2853	2853	disclosed to any person or agency except on court order or with the
2854	2854	consent of the person who is the subject of the information.
2855	2855	(c-1) The clerk shall [may] destroy the criminal history
2856	2856	record information after the information is used for the purposes
2857	2857	authorized by this section.
2858	2858	(g) A person commits an offense if the person releases or
2859	2859	discloses any information received under this section without the
2860	2860	authorization prescribed by Subsection (c) [or (d)]. An offense
2861	2861	under this subsection is a Class A misdemeanor.
2862	2862	(h) The county clerk may charge a $10 fee to recover the
2863	2863	costs of obtaining criminal history record information [records]
2864	2864	authorized by Subsection (a-7) [(a)].
2865	2865	SECTION 60. Section 411.13861, Government Code, is amended
2866	2866	by amending Subsections (a), (b), and (c) and adding Subsections
2867	2867	(a-1) and (c-1) to read as follows:
2868	2868	(a) The Health and Human Services Commission is entitled to
2869	2869	obtain [from the Department of Public Safety] criminal history
2870	2870	record information as provided by Subsection (a-1) [maintained by
2871	2871	the Department of Public Safety] that relates to a person:
2872	2872	(1) who is required to undergo a background and
2873	2873	criminal history check under Chapter 248A, Health and Safety Code;
2874	2874	(2) who seeks unsupervised visits with a ward of the
2875	2875	Health and Human Services Commission, including a relative of the
2876	2876	ward;
2877	2877	(3) who is an applicant for employment with the Health
2878	2878	and Human Services Commission for a position in which the person, as
2879	2879	an employee, would have direct access to residents or clients of a
2880	2880	facility regulated by the Health and Human Services Commission, as
2881	2881	determined by the executive commissioner of that commission; or
2882	2882	(4) who is an employee of the Health and Human Services
2883	2883	Commission and who has direct access to residents or clients of a
2884	2884	facility regulated by that commission, as determined by the
2885	2885	executive commissioner of that commission.
2886	2886	(a-1) Subject to Section 411.087 and consistent with the
2887	2887	public policy of this state, the Health and Human Services
2888	2888	Commission is entitled to:
2889	2889	(1) obtain through the Federal Bureau of Investigation
2890	2890	criminal history record information maintained or indexed by that
2891	2891	bureau that pertains to a person who is described by Subsection (a);
2892	2892	and
2893	2893	(2) obtain from the department or any other criminal
2894	2894	justice agency in this state criminal history record information
2895	2895	maintained by the department or that criminal justice agency that
2896	2896	relates to a person described by Subsection (a).
2897	2897	(b) Criminal history record information obtained under
2898	2898	Subsection (a-1) [(a)] is for the exclusive use of the Health and
2899	2899	Human Services Commission and is privileged and confidential.
2900	2900	(c) The Health and Human Services Commission may not release
2901	2901	or disclose to any person criminal history record information
2902	2902	obtained from the Federal Bureau of Investigation under Subsection
2903	2903	(a-1)(1). Criminal history record information obtained by the
2904	2904	Health and Human Services Commission under Subsection (a-1)(2)
2905	2905	[(a)] may not be released or disclosed to any person or agency
2906	2906	except on court order or with the consent of the person who is the
2907	2907	subject of the information.
2908	2908	(c-1) The Health and Human Services Commission shall [may]
2909	2909	destroy the criminal history record information after the
2910	2910	information is used for the purposes authorized by this section.
2911	2911	SECTION 61. Section 411.1405, Government Code, is amended
2912	2912	by amending Subsections (b), (c), and (d) and adding Subsections
2913	2913	(b-1) and (g) to read as follows:
2914	2914	(b) To the extent consistent with Subsection (e), a state
2915	2915	agency is entitled to obtain [from the department the] criminal
2916	2916	history record information as provided by Subsection (b-1)
2917	2917	[maintained by the department] that relates to a person who:
2918	2918	(1) is an employee, applicant for employment,
2919	2919	contractor, subcontractor, or intern or other volunteer with the
2920	2920	state agency or with a contractor or subcontractor for the state
2921	2921	agency; and
2922	2922	(2) has access to information resources or information
2923	2923	resources technologies, other than a desktop computer or telephone
2924	2924	station assigned to that person.
2925	2925	(b-1) Subject to Section 411.087 and consistent with the
2926	2926	public policy of this state, a state agency is entitled to:
2927	2927	(1) obtain through the Federal Bureau of Investigation
2928	2928	criminal history record information maintained or indexed by that
2929	2929	bureau that pertains to a person described by Subsection (b); and
2930	2930	(2) obtain from the department or any other criminal
2931	2931	justice agency in this state criminal history record information
2932	2932	maintained by the department or that criminal justice agency that
2933	2933	relates to a person described by Subsection (b).
2934	2934	(c) A state agency may not release or disclose to any person
2935	2935	criminal history record information obtained from the Federal
2936	2936	Bureau of Investigation under Subsection (b-1)(1). A state agency
2937	2937	that obtains criminal history record information under this section
2938	2938	may not release or disclose the information obtained under
2939	2939	Subsection (b-1)(2) or any documents or other records derived from
2940	2940	the information except:
2941	2941	(1) by court order;
2942	2942	(2) with the consent of the person who is the subject
2943	2943	of the information; [or]
2944	2944	(3) to the affected contractor or subcontractor; or
2945	2945	(4) as described by Subsection (g) [, unless the
2946	2946	information was obtained by the department from the Federal Bureau
2947	2947	of Investigation].
2948	2948	(d) A state agency and the affected contractor or
2949	2949	subcontractor shall destroy criminal history record information
2950	2950	obtained under this section after the information is used for the
2951	2951	purposes authorized by this section [that relates to a person after
2952	2952	the information is used to make an employment decision or to take a
2953	2953	personnel action relating to the person who is the subject of the
2954	2954	information].
2955	2955	(g) A state agency is not prohibited from disclosing
2956	2956	criminal history record information obtained under Subsection
2957	2957	(b-1)(2) in a criminal proceeding.
2958	2958	SECTION 62. Section 411.1408, Government Code, is amended
2959	2959	by amending Subsections (b) and (c) and adding Subsections (b-1)
2960	2960	and (d) to read as follows:
2961	2961	(b) The commission is entitled to obtain [from the
2962	2962	department] criminal history record information as provided by
2963	2963	Subsection (b-1) [maintained by the department] that relates to a
2964	2964	person who is an applicant for or the holder of a certificate,
2965	2965	registration, or license issued by the commission or otherwise
2966	2966	under Subtitle L, Title 2.
2967	2967	(b-1) Subject to Section 411.087 and consistent with the
2968	2968	public policy of this state, the commission is entitled to:
2969	2969	(1) obtain through the Federal Bureau of Investigation
2970	2970	criminal history record information maintained or indexed by that
2971	2971	bureau that pertains to a person described by Subsection (b); and
2972	2972	(2) obtain from the department or any other criminal
2973	2973	justice agency in this state criminal history record information
2974	2974	maintained by the department or that criminal justice agency that
2975	2975	relates to a person described by Subsection (b).
2976	2976	(c) The commission may not release or disclose to any person
2977	2977	criminal history record information obtained from the Federal
2978	2978	Bureau of Investigation under Subsection (b-1)(1). Criminal
2979	2979	history record information obtained by the commission under
2980	2980	Subsection (b-1)(2) [(b)]:
2981	2981	(1) may be used by the commission for any purpose
2982	2982	related to the issuance, denial, suspension, revocation, or renewal
2983	2983	of a certificate, registration, or license issued by the commission
2984	2984	or otherwise under Subtitle L, Title 2; and
2985	2985	(2) may not be released or disclosed to any person
2986	2986	except:
2987	2987	(A) on court order; or
2988	2988	(B) [with the consent of the person who is the
2989	2989	subject of the information; or
2990	2990	[(C)] as authorized by Section 411.1386(a-6) of
2991	2991	this code or Section 1104.404, Estates Code, if applicable[; and
2992	2992	[(3) shall be destroyed by the commission after the
2993	2993	information is used for the authorized purposes].
2994	2994	(d) The commission shall destroy criminal history record
2995	2995	information that is obtained under this section after the
2996	2996	information is used for its authorized purpose.
2997	2997	SECTION 63. Section 411.1409, Government Code, is amended
2998	2998	by amending Subsections (b), (c), (d), and (e) and adding
2999	2999	Subsection (b-1) to read as follows:
3000	3000	(b) An appellate court is entitled to obtain [from the
3001	3001	department] criminal history record information as provided by
3002	3002	Subsection (b-1) [maintained by the department] that relates to a
3003	3003	person who is an applicant for:
3004	3004	(1) employment with the court;
3005	3005	(2) a volunteer position with the court; or
3006	3006	(3) an appointment made by the court.
3007	3007	(b-1) Subject to Section 411.087 and consistent with the
3008	3008	public policy of this state, the court is entitled to:
3009	3009	(1) obtain through the Federal Bureau of Investigation
3010	3010	criminal history record information maintained or indexed by that
3011	3011	bureau that pertains to a person described by Subsection (b); and
3012	3012	(2) obtain from the department or any other criminal
3013	3013	justice agency in this state criminal history record information
3014	3014	maintained by the department or that criminal justice agency that
3015	3015	relates to a person described by Subsection (b).
3016	3016	(c) Criminal history record information obtained by the
3017	3017	court under this section [Subsection (b)] may be used only to
3018	3018	evaluate an applicant.
3019	3019	(d) The court may not release or disclose to any person
3020	3020	criminal history record information obtained from the Federal
3021	3021	Bureau of Investigation under Subsection (b-1)(1). The court may
3022	3022	not release or disclose information obtained under Subsection
3023	3023	(b-1)(2) [(b)] except on order of a district court [or with the
3024	3024	consent of the person who is the subject of the criminal history
3025	3025	record information].
3026	3026	(e) The [After the expiration of any probationary term of
3027	3027	the person's employment, volunteer status, or appointment, the]
3028	3028	court shall destroy [all] criminal history record information
3029	3029	obtained under this section after the information is used for its
3030	3030	authorized purpose [Subsection (b)].
3031	3031	SECTION 64. Subchapter F, Chapter 411, Government Code, is
3032	3032	amended by adding Section 411.14101 to read as follows:
3033	3033	Sec. 411.14101. ACCESS TO CRIMINAL HISTORY RECORD
3034	3034	INFORMATION: STATE OFFICE OF ADMINISTRATIVE HEARINGS. (a) In this
3035	3035	section, "office" means the State Office of Administrative
3036	3036	Hearings.
3037	3037	(b) The office is entitled to obtain criminal history record
3038	3038	information as provided by Subsection (c) that relates to a person
3039	3039	who is:
3040	3040	(1) an employee of, or an applicant for employment
3041	3041	with, the office; or
3042	3042	(2) a contractor, subcontractor, volunteer, or intern
3043	3043	of the office, or an applicant to serve in one of those capacities.
3044	3044	(c) Subject to Section 411.087 and consistent with the
3045	3045	public policy of this state, the office is entitled to:
3046	3046	(1) obtain through the Federal Bureau of Investigation
3047	3047	criminal history record information maintained or indexed by that
3048	3048	bureau that pertains to a person described by Subsection (b); and
3049	3049	(2) obtain from the department or any other criminal
3050	3050	justice agency in this state criminal history record information
3051	3051	maintained by the department or that criminal justice agency that
3052	3052	relates to a person described by Subsection (b).
3053	3053	(d) The office may not release or disclose to any person
3054	3054	criminal history record information obtained from the Federal
3055	3055	Bureau of Investigation under Subsection (c)(1). Criminal history
3056	3056	record information obtained by the office under Subsection (c)(2)
3057	3057	may not be released or disclosed to any person except by court order
3058	3058	or with the written consent of the person who is the subject of the
3059	3059	criminal history record information.
3060	3060	(e) The office shall destroy criminal history record
3061	3061	information that is obtained under this section after the
3062	3062	information is used for its authorized purpose.
3063	3063	SECTION 65. Subchapter F, Chapter 411, Government Code, is
3064	3064	amended by adding Section 411.14102 to read as follows:
3065	3065	Sec. 411.14102. ACCESS TO CRIMINAL HISTORY RECORD
3066	3066	INFORMATION: TEXAS BOARD OF ARCHITECTURAL EXAMINERS. (a) The
3067	3067	Texas Board of Architectural Examiners is entitled to obtain
3068	3068	criminal history record information as provided by Subsection (b)
3069	3069	that relates to:
3070	3070	(1) a person who is:
3071	3071	(A) an applicant for an architectural
3072	3072	registration under Chapter 1051, Occupations Code; or
3073	3073	(B) the holder of an architectural registration
3074	3074	under that chapter;
3075	3075	(2) a person who is:
3076	3076	(A) an applicant for a landscape architectural
3077	3077	registration under Chapter 1052, Occupations Code; or
3078	3078	(B) the holder of a landscape architectural
3079	3079	registration under that chapter; or
3080	3080	(3) a person who is:
3081	3081	(A) an applicant for an interior design
3082	3082	registration under Chapter 1053, Occupations Code; or
3083	3083	(B) the holder of an interior design registration
3084	3084	under that chapter.
3085	3085	(b) Subject to Section 411.087 of this code and Section
3086	3086	1051.3041, Occupations Code, and consistent with the public policy
3087	3087	of this state, the Texas Board of Architectural Examiners is
3088	3088	entitled to:
3089	3089	(1) obtain through the Federal Bureau of Investigation
3090	3090	criminal history record information maintained or indexed by that
3091	3091	bureau that pertains to a person described by Subsection (a); and
3092	3092	(2) obtain from the department or any other criminal
3093	3093	justice agency in this state criminal history record information
3094	3094	maintained by the department or that criminal justice agency that
3095	3095	relates to a person described by Subsection (a).
3096	3096	(c) The Texas Board of Architectural Examiners may not
3097	3097	release or disclose to any person criminal history record
3098	3098	information obtained from the Federal Bureau of Investigation under
3099	3099	Subsection (b)(1). Criminal history record information obtained by
3100	3100	the Texas Board of Architectural Examiners under Subsection (b)(2)
3101	3101	may not be released or disclosed to any person except on court order
3102	3102	or as provided by Subsection (d).
3103	3103	(d) The Texas Board of Architectural Examiners is not
3104	3104	prohibited from disclosing criminal history record information
3105	3105	obtained under Subsection (b)(2) in a criminal proceeding or in a
3106	3106	hearing conducted by the Texas Board of Architectural Examiners or
3107	3107	the State Office of Administrative Hearings.
3108	3108	(e) The Texas Board of Architectural Examiners shall
3109	3109	destroy criminal history record information that is obtained under
3110	3110	this section after the information is used for its authorized
3111	3111	purpose.
3112	3112	SECTION 66. Sections 301.2511(a) and (c), Occupations Code,
3113	3113	are amended to read as follows:
3114	3114	(a) An applicant for a vocational, registered, or advanced
3115	3115	practice registered nurse license must submit to the board, in
3116	3116	addition to satisfying the other requirements of this subchapter, a
3117	3117	complete and legible set of fingerprints, on a form prescribed by
3118	3118	the board, for the purpose of obtaining criminal history record
3119	3119	information from the Department of Public Safety and the Federal
3120	3120	Bureau of Investigation.
3121	3121	(c) The board by rule shall develop a system for obtaining
3122	3122	criminal history record information for a person accepted for
3123	3123	enrollment in a nursing educational program that prepares the
3124	3124	person for [initial] licensure as a vocational, registered, or
3125	3125	advanced practice registered [or vocational] nurse by requiring the
3126	3126	person to submit to the board a set of fingerprints that meets the
3127	3127	requirements of Subsection (a). The board may develop a similar
3128	3128	system for an applicant for enrollment in a nursing educational
3129	3129	program. The board may require payment of a fee by a person who is
3130	3130	required to submit a set of fingerprints under this subsection.
3131	3131	SECTION 67. Section 1101.002, Occupations Code, is amended
3132	3132	by adding Subdivision (3-a) to read as follows:
3133	3133	(3-a) "Easement or right-of-way agent" means a person
3134	3134	who sells, buys, leases, or transfers an easement or right-of-way
3135	3135	for another, for compensation or with the expectation of receiving
3136	3136	compensation, for use in connection with telecommunication,
3137	3137	utility, railroad, or pipeline service.
3138	3138	SECTION 68. Section 1101.501, Occupations Code, is amended
3139	3139	to read as follows:
3140	3140	Sec. 1101.501. CERTIFICATE REQUIRED. A person may not act
3141	3141	as an easement or right-of-way agent [sell, buy, lease, or transfer
3142	3142	an easement or right-of-way for another, for compensation or with
3143	3143	the expectation of receiving compensation, for use in connection
3144	3144	with telecommunication, utility, railroad, or pipeline service]
3145	3145	unless the person:
3146	3146	(1) holds a license issued under this chapter; or
3147	3147	(2) holds a certificate of registration issued under
3148	3148	this subchapter.
3149	3149	SECTION 69. Section 1101.5041, Occupations Code, is amended
3150	3150	to read as follows:
3151	3151	Sec. 1101.5041. CRIMINAL HISTORY RECORD INFORMATION
3152	3152	REQUIREMENT FOR CERTIFICATE. An applicant for an original
3153	3153	certificate of registration as an easement or right-of-way agent or
3154	3154	renewal of a certificate of registration as an easement or
3155	3155	right-of-way agent must comply with the criminal history record
3156	3156	check requirements of Section 1101.3521.
3157	3157	SECTION 70. Section 2025.251, Occupations Code, is amended
3158	3158	to read as follows:
3159	3159	Sec. 2025.251. OCCUPATIONAL LICENSE REQUIRED. (a) Except
3160	3160	as provided by this section, a person, other than as a spectator or
3161	3161	as a person placing a wager, may not participate in [racing with]
3162	3162	pari-mutuel racing activities or wagering without first obtaining a
3163	3163	license from the commission. A person may not engage in any
3164	3164	occupation for which commission rules require a license under this
3165	3165	subtitle without first obtaining a license from the commission.
3166	3166	(b) The commission [by rule] shall [categorize the
3167	3167	occupations of racetrack employees and] determine the occupations
3168	3168	that afford [the employee] an opportunity to influence racing with
3169	3169	pari-mutuel wagering, including individuals who[. The rules must
3170	3170	require an employee to be licensed under this subtitle if the
3171	3171	employee]:
3172	3172	(1) work [works] in an occupation as an employee,
3173	3173	contractor, or volunteer [determined by the commission] to afford
3174	3174	the individual [employee] an opportunity to influence racing with
3175	3175	pari-mutuel wagering; or
3176	3176	(2) will likely have significant access to the
3177	3177	backside of a racetrack or to restricted areas of the frontside of a
3178	3178	racetrack.
3179	3179	(c) Notwithstanding Subsection (b), the following
3180	3180	individuals require a criminal history background check before an
3181	3181	occupational license is issued: commissioners, regulatory
3182	3182	employees and contractors hired by the commission, racetrack
3183	3183	association employees, training facility employees, and employees
3184	3184	of either a recognized horseman's organization or licensed
3185	3185	racehorse owners.
3186	3186	SECTION 71. The following provisions are repealed:
3187	3187	(1) Sections 22.0834(g), (i), (k), (m), and (n),
3188	3188	Education Code;
3189	3189	(2) Section 22.08341, Education Code;
3190	3190	(3) Sections 1104.403, 1104.407, 1104.408, and
3191	3191	1104.410, Estates Code;
3192	3192	(4) Section 411.110(d), Government Code;
3193	3193	(5) Section 411.122(c), Government Code;
3194	3194	(6) Sections 411.1386(a-4), (a-5), (d), (f), and (i),
3195	3195	Government Code; and
3196	3196	(7) Section 411.13861(f), Government Code.
3197	3197	SECTION 72. This Act takes effect immediately if it
3198	3198	receives a vote of two-thirds of all the members elected to each
3199	3199	house, as provided by Section 39, Article III, Texas Constitution.
3200	3200	If this Act does not receive the vote necessary for immediate
3201	3201	effect, this Act takes effect September 1, 2023.
3202	3202	______________________________ ______________________________
3203	3203	President of the Senate Speaker of the House
3204	3204	I certify that H.B. No. 4123 was passed by the House on May 9,
3205	3205	2023, by the following vote: Yeas 139, Nays 3, 2 present, not
3206	3206	voting; and that the House concurred in Senate amendments to H.B.
3207	3207	No. 4123 on May 26, 2023, by the following vote: Yeas 140, Nays 0,
3208	3208	1 present, not voting.
3209	3209	______________________________
3210	3210	Chief Clerk of the House
3211	3211	I certify that H.B. No. 4123 was passed by the Senate, with
3212	3212	amendments, on May 24, 2023, by the following vote: Yeas 31, Nays
3213	3213	0.
3214	3214	______________________________
3215	3215	Secretary of the Senate
3216	3216	APPROVED: __________________
3217	3217	Date
3218	3218	__________________
3219	3219	Governor