Texas 2023 - 88th Regular

Texas Senate Bill SB1785 Compare Versions

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1	1	By: Zaffirini S.B. No. 1785
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the dissemination of criminal history record
7	7	information by the Department of Public Safety.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	ARTICLE 1. GENERAL PROVISIONS AND DEPARTMENT OF PUBLIC SAFETY
10	10	SECTION 1.01. This Act pertains to the authority for Texas
11	11	and national criminal history record information to be released to
12	12	state agencies and those agencies’ handling of the information.
13	13	SECTION 1.02. Section 411.082(2) – (6), Government Code, is
14	14	amended to add new section (2) and renumber subsequent sections
15	15	accordingly to read as follows:
16	16	(2) “Applicant” means an individual who submits an
17	17	application for employment, licensure, certification, or
18	18	registration which requires a background check using criminal
19	19	history record information by the department.
20	20	(3) ”Application” means an individual who submits an
21	21	application either by hard copy or electronically for employment,
22	22	licensure, certification, or registration which requires a
23	23	background check using criminal history record information by the
24	24	department.
25	25	(24) "Criminal history record information" means
26	26	information collected about a person by a criminal justice agency
27	27	that consists of identifiable descriptions and notations of
28	28	arrests, detentions, indictments, informations, and other formal
29	29	criminal charges and their dispositions. The term does not
30	30	include:
31	31	(A) identification information, including
32	32	fingerprint records, to the extent that the identification
33	33	information does not indicate involvement of the person in the
34	34	criminal justice system; or
35	35	(B) driving record information maintained by the
36	36	department under Subchapter C, Chapter 521, Transportation Code.
37	37	(35) "Criminal justice agency" means:
38	38	(A) a federal or state agency that is engaged in
39	39	the administration of criminal justice under a statute or executive
40	40	order and that allocates a substantial portion of its annual budget
41	41	to the administration of criminal justice; or
42	42	(B) a nongovernmental railroad or campus police
43	43	department that has obtained an originating agency identifier from
44	44	the Federal Bureau of Investigation.
45	45	(46) "Criminal justice purpose" means:
46	46	(A) an activity that is included in the
47	47	administration of criminal justice; or
48	48	(B) screening of applicants for employment
49	49	with a criminal justice agency.
50	50	(57) "Office of capital and forensic writs" means the
51	51	office of capital and forensic writs established under Subchapter
52	52	B, Chapter 78.
53	53	(68) "Public defender's office" has the meaning
54	54	assigned by Article 26.044(a), Code of Criminal Procedure.
55	55	Section 1.03. Section 411.891, Government Code, is amended
56	56	to read as follows:
57	57	Sec. 411.0891. DEPARTMENT ACCESS TO CRIMINAL HISTORY
58	58	RECORD INFORMATION: CERTAIN DEPARTMENTAL AUTHORIZATIONS. (a)
59	59	Subject to Section 411.087, the department is authorized to obtain
60	60	and use criminal history record information maintained by the
61	61	Federal Bureau of Investigation or the department that relates to a
62	62	person who:
63	63	(1) is an applicant for or holds a registration issued
64	64	by the director under Subchapter C, Chapter 481, Health and Safety
65	65	Code, that authorizes the person to manufacture, distribute,
66	66	analyze, or conduct research with a controlled substance;
67	67	(2) is an applicant for or holds a registration issued
68	68	by the department under Chapter 487, Health and Safety Code, to be a
69	69	director, manager, or employee of a dispensing organization, as
70	70	defined by Section 487.001, Health and Safety Code;
71	71	(3) is an applicant for or holds an authorization
72	72	issued by the department under Section 521.2476, Transportation
73	73	Code, to do business in this state as a vendor of ignition interlock
74	74	devices;
75	75	(4) is an applicant for or holds certification by the
76	76	department as an inspection station or an inspector under
77	77	Subchapter G, Chapter 548, Transportation Code, holds an inspection
78	78	station or inspector certificate issued under that subchapter, or
79	79	is the owner of an inspection station operating under that chapter;
80	80	or
81	81	(5) is an applicant for or holds a certificate of
82	82	registration issued by the department under Chapter 1956,
83	83	Occupations Code, to act as a metal recycling entity.
84	84	(6) is an applicant for or holds a license to carry a
85	85	handgun issued by the department under Subchapter H, Chapter 411,
86	86	Government Code, or is an applicant for or holds a certification as
87	87	an instructor issued by the department under that chapter;
88	88	(7) is an applicant for or holds a capitol access pass
89	89	issued by the department under Section 411.0625, Government Code;
90	90	(8) is an applicant for or holds a license or commission
91	91	issued by the department under Chapter 1702, Occupations Code;
92	92	(b) The department may release or disclose Texas criminal
93	93	history record information obtained or used by the department for a
94	94	purpose described by Subsection (a) to another person or agency
95	95	only:
96	96	(1) in a criminal proceeding;
97	97	(2) in a hearing conducted by the department;
98	98	(3) under an order from a court; or
99	99	(4) with the consent of the person who is the subject of
100	100	the criminal history record information.
101	101	(c) This section may not be construed to limit the authority
102	102	of the department to disseminate criminal history record
103	103	information as provided by Section 411.083.
104	104	(d) The department may require any person for whom the
105	105	department is authorized to obtain and use criminal history record
106	106	information maintained by the Federal Bureau of Investigation or
107	107	the department under Subsection (a) to submit a complete and
108	108	legible set of fingerprints to the department on a form prescribed
109	109	by the department for the purpose of obtaining criminal history
110	110	record information.
111	111	(e) Criminal history record information obtained from the
112	112	Federal Bureau of Investigation shall not be disseminated.
113	113	Section 1.04. Section 411.122(d), Government Code, is
114	114	amended to read as follows:
115	115	(d) The following state agencies are subject to this
116	116	section:
117	117	(1) Texas Appraiser Licensing and Certification Board;
118	118	(2) Texas Board of Architectural Examiners;
119	119	(3) Texas Board of Chiropractic Examiners;
120	120	(4) State Board of Dental Examiners;
121	121	(5) Texas Board of Professional Engineers;
122	122	(6) Texas Funeral Service Commission;
123	123	(7) Texas Board of Professional Geoscientists;
124	124	(8) Health and Human Services Commission, except as
125	125	provided by Section 411.110, and agencies attached to the
126	126	commission;
127	127	(9) Texas Board of Professional Land Surveying;
128	128	(10) Texas Department of Licensing and Regulation,
129	129	except as provided by Section 411.093;
130	130	(11) Texas Commission on Environmental Quality;
131	131	(12) Texas BoardExecutive Council of Physical Therapy
132	132	and Occupational Therapy Examiners;
133	133	(13) Texas Optometry Board;
134	134	(14) Texas State Board of Pharmacy;
135	135	(15) Texas Board of Physical Therapy Examiners;
136	136	(16) Texas State Board of Plumbing Examiners;
137	137	(176) Texas Behavioral Health Executive Council;
138	138	(187) Texas Real Estate Commission;
139	139	(19) Texas Department of Transportation;
140	140	(2018) State Board of Veterinary Medical Examiners;
141	141	(2119) Texas Department of Housing and Community
142	142	Affairs;
143	143	(220) secretary of state;
144	144	(231) state fire marshal;
145	145	(242) Texas Education Agency;
146	146	(253) Department of Agriculture; and
147	147	(264) Texas Department of Motor Vehicles.
148	148	ARTICLE 2. TEXAS APPRAISAL DISTRICT, APPOINTMENT TO APPRAISAL
149	149	REVIEW BOARD, AND TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD
150	150	SECTION 2.01. Section 411.1296, Government Code, is amended
151	151	to read as follows:
152	152	Sec. 411.1296. ACCESS TO CRIMINAL HISTORY RECORD
153	153	INFORMATION: EMPLOYMENT BY APPRAISAL DISTRICT,AND APPOINTMENT TO
154	154	APPRAISAL REVIEW BOARD, AND APPLICANT TO TEXAS APPRAISER LICENSING
155	155	AND CERTIFICATION BOARD. (a) Except as provided by Subsection (b),
156	156	an appraisal district established by Section 6.01, Tax Code and the
157	157	Texas Appraiser Licensing and Certification Board, isare entitled
158	158	to obtain from the department criminal history record information
159	159	maintained by the department that relates to a person who is an
160	160	applicant for employment by the appraisal district,or for
161	161	appointment to the appraisal review board for the appraisal
162	162	district, or a license or certification as an appraiser trainee,
163	163	licensed residential appraiser, certified residential appraiser,
164	164	certified general appraisal, or an appraisal management company
165	165	regulated by the Texas Appraiser Licensing and Certification Board.
166	166	(b) An appraisal district is not entitled to obtain under
167	167	this section any information about a person if the appraisal
168	168	district is entitled to obtain under another section of this
169	169	subchapter any criminal history record information about the
170	170	person.
171	171	(c) The appraisal district may provide Texas criminal
172	172	history record information obtained under this section to the local
173	173	administrative district judge or to the appraisal review board
174	174	commissioners appointed by the local administrative district
175	175	judge.
176	176	(d) Texas criminal history record information obtained by an
177	177	appraisal district or the Texas Appraiser Licensing and
178	178	Certification Board under Subsection (a) related to an applicant
179	179	for employment by the appraisal district, appointment to the
180	180	appraisal review board for the appraisal district, or a license or
181	181	certification as an appraiser trainee, licensed residential
182	182	appraiser, certified residential appraiser, certified general
183	183	appraisal, or an appraisal management company regulated by the
184	184	Texas Appraiser Licensing and Certification Board may not be
185	185	released or disclosed to any person except on court order, with the
186	186	written consent of the person or entity that is the subject of the
187	187	criminal history record information, or as provided by Subsection
188	188	(c).
189	189	(e) After an individual is employed, licensed, or certified
190	190	as described in this section, an appraisal district or the Texas
191	191	Appraiser Licensing and Certification Board shall destroy the
192	192	criminal history record information that relates to that
193	193	individual. An appraisal district or the Texas Appraiser Licensing
194	194	and Certification Board shall destroy the criminal history record
195	195	information that relates to:
196	196	(1) an applicant for licensure under (a);
197	197	(2) an applicant for employment with an appraisal
198	198	district or the Texas Appraiser Licensing and Certification Board
199	199	after that applicant is employed or, for an applicant who is not
200	200	employed, after the check of the criminal history record
201	201	information on that applicant is completed.
202	202	(f) An appraisal district or the Texas Appraiser Licensing
203	203	and Certification Board shall destroy criminal history record
204	204	information that relates to an applicant who is not licensed or
205	205	employed, as applicable.
206	206	(g) An appraisal district or the Texas Appraiser Licensing
207	207	and Certification Board is not prohibited from disclosing Texas
208	208	criminal history record information obtained under Subsection (a)
209	209	in a criminal proceeding or in a hearing conducted by an appraisal
210	210	district or the Texas Appraiser Licensing and Certification Board.
211	211	(h) In accordance with Section 411.087, an appraisal district
212	212	or the Texas Appraiser Licensing and Certification Board may obtain
213	213	criminal history record information from the Federal Bureau of
214	214	Investigation identification division through the department.
215	215	(i) Criminal history record information obtained by the
216	216	Federal Bureau of Investigation shall not be disseminated.
217	217	ARTICLE 3. TEXAS BOARD OF ARCHITECTURAL EXAMINERS
218	218	SECTION 3.01. Chapter 411, Government Code, is amended by
219	219	adding Section 411.### to read as follows:
220	220	Sec. 411.###. ACCESS TO CRIMINAL HISTORY RECORD
221	221	INFORMATION: TEXAS BOARD OF ARCHITECTURAL EXAMINERS. (a) The
222	222	Texas Board of Architectural Examiners is entitled to obtain from
223	223	the department criminal history record information maintained by
224	224	the department that relates to:
225	225	(1) a person who is:
226	226	(A) an applicant for an architectural
227	227	registration under Texas Occupations Code Chapter 1051; or
228	228	(B) the holder of an architectural registration
229	229	under that Chapter;
230	230	(2) a person who is:
231	231	(A) an applicant for a landscape architectural
232	232	registration under Texas Occupations Code Chapter 1052; or
233	233	(B) the holder of a landscape architectural
234	234	registration under that Chapter; or
235	235	(3) a person who is:
236	236	(A) an applicant for an interior design
237	237	registration under Texas Occupations Code Chapter 1053; or
238	238	(B) the holder of an interior design registration
239	239	under that Chapter.
240	240	(b) Texas criminal history record information obtained by the
241	241	Texas Board of Architectural Examiners under Subsection (a) may not
242	242	be released or disclosed to any person except on court order or as
243	243	provided by Subsection (f).
244	244	(c) After a person is registered, the Texas Board of
245	245	Architectural Examiners shall destroy the criminal history record
246	246	information that relates to that person.
247	247	(d) If the Texas Board of Architectural Examiners receives
248	248	updated criminal history record information from the department
249	249	that relates to a person who holds an architectural, landscape
250	250	architectural, or interior design registration, the Texas Board of
251	251	Architectural Examiners shall destroy the criminal history record
252	252	information after the check of the criminal history record
253	253	information on that registration holder is completed.
254	254	(e) The Texas Board of Architectural Examiners shall destroy
255	255	criminal history record information that relates to an applicant
256	256	who is not registered.
257	257	(f) The Texas Board of Architectural Examiners is not
258	258	prohibited from disclosing criminal history record information
259	259	obtained under Subsection (a) in a criminal proceeding or in a
260	260	hearing conducted by the Texas Board of Architectural Examiners or
261	261	the State Office of Administrative Hearings, as applicable.
262	262	(g) In accordance with Section 411.087 and/or Texas
263	263	Occupations Code Section 1051.3041, the Texas Board of
264	264	Architectural Examiners shall obtain criminal history record
265	265	information from the Federal Bureau of Investigation
266	266	identification division for all applicants and holders of
267	267	architectural, landscape architectural, and interior design
268	268	registrations.
269	269	(h) Criminal history record information obtained by the
270	270	Federal Bureau of Investigation shall not be disseminated.
271	271	ARTICLE 4. HEALTH AND HUMAN SERVICES COMMISSION: OFFICE OF
272	272	INSPECTOR GENERAL
273	273	SECTION 4.01. Section 411.1143, Government Code, is amended
274	274	to read as follows:
275	275	Sec. 411.1143. ACCESS TO CRIMINAL HISTORY RECORD
276	276	INFORMATION; AGENCIES OPERATING PART OF MEDICAL ASSISTANCE
277	277	PROGRAM. (a) The Health and Human Services Commission, an agency
278	278	operating part of the medical assistance program under Chapter 32,
279	279	Human Resources Code, or the office of inspector general
280	280	established under Chapter 531, Government Code, is entitled to
281	281	obtain from the department the criminal history record information
282	282	maintained by the department that relates to a provider under the
283	283	medical assistance program or a person applying to enroll as a
284	284	provider under the medical assistance program.
285	285	(a-1) Criminal history record information an agency or the
286	286	office of inspector general is authorized to obtain under
287	287	Subsection (a) includes criminal history record information
288	288	relating to:
289	289	(1) a person with a direct or indirect ownership or
290	290	control interest, as defined by 42 C.F.R. Section 455.101, in a
291	291	provider of five percent or more; and
292	292	(2) a person whose information is required to be
293	293	disclosed in accordance with 42 C.F.R. Part 1001.
294	294	(b) Texas criminal history record information obtained by
295	295	the commission or an agency under Subsection (a):
296	296	(1) may not be released or disclosed to any person
297	297	except in a criminal proceeding, in an administrative proceeding,
298	298	on court order, or with the written consent of the provider or
299	299	applicant; and
300	300	(2) must be destroyed after it has been used to
301	301	determine the eligibility of the provider or applicant to be a
302	302	provider under Chapter 32, Human Resources Code.
303	303	(c) In accordance with Section 411.087, the commission or an
304	304	agency under Subsection (a) may obtain criminal history record
305	305	information from the Federal Bureau of Investigation
306	306	identification division.
307	307	(d) Criminal history record information obtained by the
308	308	Federal Bureau of Investigation shall not be disseminated.
309	309	ARTICLE 5. STATE OFFICE OF ADMINISTRATIVE HEARINGS
310	310	SECTION 5.01. Subchapter F, Chapter 411, Government Code, is
311	311	amended by adding Section 411.1411 to read as follows:
312	312	Sec. 411.1411. ACCESS TO CRIMINAL HISTORY RECORD
313	313	INFORMATION: STATE OFFICE OF ADMINISTRATIVE HEARINGS. (a) In this
314	314	section, "office" means the State Office of Administrative
315	315	Hearings.
316	316	(b) The office is entitled to obtain from the department
317	317	criminal history record information maintained by the department
318	318	that relates to a person who is:
319	319	(1) an employee of, or an applicant for employment
320	320	with, the office;
321	321	(2) a contractor, volunteer, or intern of the office,
322	322	or an applicant to serve in one of those capacities; or
323	323	(3) a current or proposed contractor or subcontractor
324	324	of the office.
325	325	(c) Texas criminal history record information obtained by
326	326	the office under Subsection (b) may not be released or disclosed to
327	327	any person except by court order or with the written consent of the
328	328	person who is the subject of the criminal history record
329	329	information.
330	330	(d) The office shall destroy criminal history record
331	331	information obtained under Subsection (b) that relates to:
332	332	(1) an applicant for employment after that applicant is
333	333	employed or, for an applicant who is not employed, after a final
334	334	employment determination on that applicant is made; or
335	335	(2) an employee, contractor, volunteer, or intern of
336	336	the office, after the check of the criminal history record
337	337	information on that person or entity is completed.
338	338	(e) In accordance with Section 411.087, the office may
339	339	obtain criminal history information from the Federal Bureau of
340	340	Investigation identification division.
341	341	(f) Criminal history record information obtained by the
342	342	office from the Federal Bureau of Investigation shall not be
343	343	disseminated.
344	344	ARTICLE 6. TEXAS ALCOHOLIC BEVERAGE COMMISSION
345	345	SECTION 6.01. Chapter 411, Government Code, is amended by
346	346	adding Section 411.XXX to read as follows:
347	347	Sec. 411.XXX. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION
348	348	OF THE FEDERAL BUREAU OF INVESTIGATION: TEXAS ALCOHOLIC BEVERAGE
349	349	COMMISSION. (a) Subject to Section 411.087 and Public Law 92-544,
350	350	the Texas Alcoholic Beverage Commission is authorized to obtain and
351	351	use criminal history record information maintained by the Federal
352	352	Bureau of Investigation that relates to a person who is an applicant
353	353	for or holds a license, permit, or certificate under the Texas
354	354	Alcoholic Beverage Code.
355	355	(b) Criminal history record information obtained by the
356	356	commission under this section may only be released or disclosed as
357	357	provided in Section 411.084(b).
358	358	(c) This section may not be construed to limit the
359	359	commission’s ability to obtain criminal history record information
360	360	for criminal justice purposes or as otherwise authorized by other
361	361	law.
362	362	(d) The commission may require any person for whom the
363	363	commission is authorized to obtain and use criminal history record
364	364	information under Subsection (a) to submit a complete and legible
365	365	set of fingerprints to the commission on a form prescribed by the
366	366	commission for the purpose of obtaining criminal history record
367	367	information.
368	368	ARTICLE 7. TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL
369	369	SECTION 7.01. Chapter 411, Government Code, is amended by
370	370	adding Section 411.XXX to read as follows:
371	371	SECTION 411.XXX. ACCESS TO CRIMINAL HISTORY RECORD
372	372	INFORMATION: TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL. (a) The
373	373	executive council is entitled to obtain from the Department of
374	374	Public Safety of the State of Texas, criminal history record
375	375	information maintained by the department that relates to a person
376	376	who is an applicant for or licensed as:
377	377	(1) a licensed psychologist, licensed psychological
378	378	associate, or licensed specialist in school psychology under
379	379	Chapter 501 of the Occupations Code;
380	380	(2) a licensed marriage and family therapist or
381	381	licensed marriage and family therapist associate under Chapter 502
382	382	of the Occupations Code;
383	383	(3) a licensed professional counselor or licensed
384	384	professional counselor associate under Chapter 503 of the
385	385	Occupations Code; or
386	386	(4) a licensed baccalaureate social worker, licensed
387	387	master social worker, or licensed clinical social worker under
388	388	Chapter 505 of the Occupations Code.
389	389	(b) Texas criminal history record information obtained by
390	390	the executive council under subsection (a) may not be released or
391	391	disclosed to any person except on court order, with the written
392	392	consent of the person that is the subject of the criminal history
393	393	record information, or as provided by Subsection (f).
394	394	(c) After a person is licensed, the executive council shall
395	395	destroy the criminal history record information that relates to
396	396	that person.
397	397	(d) The executive council shall destroy criminal history
398	398	record information that relates to an applicant who is not
399	399	licensed.
400	400	(e) After a license has been renewed or denied renewal, the
401	401	executive council shall destroy criminal history record
402	402	information that relates to the license holder renewing or
403	403	attempting to renew the license.
404	404	(f) The executive council is not prohibited from disclosing
405	405	criminal history record information obtained under Subsection (a)
406	406	in a criminal proceeding or in a hearing conducted by the executive
407	407	council or State Office of Administrative Hearings.
408	408	(g) In accordance with Section 411.087 of the Government
409	409	Code, the executive council shall obtain criminal history record
410	410	information from the Federal Bureau of Investigation
411	411	identification division by fingerprint submission.
412	412	(h) Criminal history record information obtained from the
413	413	Federal Bureau of Investigation shall not be disseminated.
414	414	ARTICLE 8. TEXAS DEPARTMENT OF MOTOR VEHICLES
415	415	SECTION 8.01. Chapter 411, Government Code, is amended by
416	416	adding Section 411.### to read as follows:
417	417	Sec. 411.###. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
418	418	TEXAS DEPARTMENT OF MOTOR VEHICLES. (a) The Texas Department of
419	419	Motor Vehicles is entitled to obtain from the department criminal
420	420	history record information maintained by the department that
421	421	relates to a person who is:
422	422	(1) an applicant for or holds a general distinguishing
423	423	number under Chapter 503, Transportation Code;
424	424	(2) an applicant for or holds a license under Chapter
425	425	2301 or Chapter 2302, Occupations Code; or
426	426	(3) an officer, director, member, manager, principal,
427	427	partner, trustee, or other person acting in a representative
428	428	capacity for an applicant, general distinguishing number holder, or
429	429	license holder and whose act or omission would be cause for denying,
430	430	revoking, or suspending a general distinguishing number or license
431	431	issued under Chapter 503, Transportation Code or Chapter 2301 or
432	432	Chapter 2302, Occupations Code.
433	433	(b) Texas criminal history record information obtained by
434	434	the Texas Department of Motor Vehicles under Subsection (a) may not
435	435	be released or disclosed to any person except on court order, with
436	436	the written consent of the person or entity that is the subject of
437	437	the criminal history record information, or as provided by
438	438	Subsection (c).
439	439	(c) The Texas Department of Motor Vehicles is not prohibited
440	440	from disclosing Texas criminal history record information obtained
441	441	under Subsection (a) in a criminal proceeding or in a hearing in
442	442	which the Texas Department of Motor Vehicles is a party.
443	443	(d) In accordance with Section 411.087, the Texas Department
444	444	of Motor Vehicles may obtain criminal history record information
445	445	from the Federal Bureau of Investigation identification division.
446	446	(e) Criminal history record information obtained from the
447	447	Federal Bureau of Investigation shall not be disseminated.
448	448	ARTICLE 9. TEXAS REAL ESTATE COMMISSION
449	449	SECTION 9.01. Chapter 411, Government Code, is amended by
450	450	adding Section 411.### to read as follows:
451	451	Sec. 411.###. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
452	452	TEXAS REAL ESTATE COMMISSION AND TEXAS APPRAISER LICENSING AND
453	453	CERTIFICATION BOARD. (a) In this section:
454	454	(1) “Commission” means the Texas Real Estate
455	455	Commission.
456	456	(2) “Board” means the Texas Appraiser Licensing and
457	457	Certification Board.
458	458	(b) The commission is entitled to obtain from the department
459	459	criminal history record information maintained by the department
460	460	that relates to:
461	461	(1) an applicant for an initial broker or sales agent
462	462	license or renewal of a broker or sales agent license under Chapter
463	463	1101, Occupations Code;
464	464	(2) an applicant for an original certificate of
465	465	registration as an easement or right-of-way agent or renewal of a
466	466	certificate of registration as an easement or right-of-way agent
467	467	under Chapter 1101, Occupations Code; or
468	468	(3) an applicant for an apprentice inspector license, a
469	469	real estate inspector license, or a professional inspector license
470	470	or renewal of an apprentice inspector license, a real estate
471	471	inspector license, or a professional inspector license under
472	472	Chapter 1102, Occupations Code.
473	473	(c) The board is entitled to obtain from the department
474	474	criminal history record information maintained by the department
475	475	that relates to:
476	476	(1) an applicant for an appraiser trainee license, a
477	477	residential appraiser license, a residential appraiser certificate
478	478	or a general appraiser certificate or renewal of an appraiser
479	479	trainee license, a residential appraiser license, a residential
480	480	appraiser certificate, or general appraiser certificate under
481	481	Chapter 1103, Occupations Code; or
482	482	(2) an applicant for registration or renewal of a
483	483	registration as an appraisal management company under Chapter 1104,
484	484	Occupations Code.
485	485	(d) Neither the commission or the board is prohibited from
486	486	disclosing Texas criminal history record information obtained
487	487	under Subsections (b) or (c) in a criminal proceeding or in a
488	488	hearing conducted by the State Office of Administrative Hearings.
489	489	(e) In accordance with Section 411.087, and Sections
490	490	1101.3521, 1101.4521, 1101.5041, 1102.1051, and 1103.2031
491	491	Occupations Code, both the commission and board may obtain criminal
492	492	history record information from the Federal Bureau of Investigation
493	493	identification division.
494	494	(f) Criminal history record information obtained by the
495	495	Federal Bureau of Investigation shall not be disseminated.
496	496	SECTION 9.02. Sec. 1101.002, Occupations Code, is amended by
497	497	adding new subdivision (3-a) as follows:
498	498	(3-a) “Easement or right-of-way agent” means a person
499	499	who sells, buys, leases, or transfers an easement or right-of-way
500	500	for another, for compensation or with the expectation of receiving
501	501	compensation, for use in connection with telecommunication,
502	502	utility, railroad, or pipeline service.
503	503	SECTION 9.03. Sec. 1101.501, Occupations Code, is amended as
504	504	follows:
505	505	Sec. 1101.501. CERTIFICATE REQUIRED. A person may not act as
506	506	an easement or right-of-way agent [sell, buy, lease, or transfer an
507	507	easement or right-of-way for another, for compensation or with the
508	508	expectation of receiving compensation, for use in connection with
509	509	telecommunication, utility, railroad, or pipeline service] unless
510	510	the person:
511	511	(1) holds a license issued under this chapter; or
512	512	(2) holds a certificate of registration issued under
513	513	this subchapter.
514	514	SECTION 9.04. Sec. 1101.5041, Occupations Code, is amended as
515	515	follows:
516	516	Sec. 1101.5041. CRIMINAL HISTORY RECORD INFORMATION
517	517	REQUIREMENT FOR CERTIFICATE. An applicant for an original
518	518	certificate of registration as an easement or right-of-way agent or
519	519	renewal of a certificate of registration as an easement or
520	520	right-of-way agent must comply with the criminal history record
521	521	check requirements of Section 1101.3521.
522	522	ARTICLE 10. TEXAS STATE BOARD OF PLUMBING EXAMINERS
523	523	SECTION 10.01. Chapter 411, Government Code, is amended by
524	524	adding Section 411.XXX to read as follows:
525	525	Sec. 411.XXX. ACCESS TO CRIMINAL HISTORY RECORD
526	526	INFORMATION: Texas State Board of Plumbing Examiners. (a) The
527	527	Texas State Board of Plumbing Examiners is entitled to obtain from
528	528	the department criminal history record information maintained by
529	529	the department that relates to an applicant for a license,
530	530	registration, endorsement, or certificate under Chapter 1301,
531	531	Texas Occupations Code, Plumbing License Law (PLL) including Master
532	532	Plumber, Journeyman Plumber, Plumbing Inspector, Tradesman-Plumber
533	533	Limited, Plumber’s Apprentice, Medical Gas Piping Installation
534	534	Endorsement, Multipurpose Residential Fire Protection Sprinkler
535	535	Specialist Endorsement, and Water Supply Protection Specialist
536	536	Endorsement.
537	537	(b) Texas criminal history record information obtained by
538	538	the Texas State Board of Plumbing Examiners under Subsection (a)
539	539	may not be released or disclosed to any person except on court
540	540	order, with the written consent of the person or entity that is the
541	541	subject of the criminal history record information, or as provided
542	542	by Subsection (e).
543	543	(c) After the applicant is licensed, registered, endorsed,
544	544	or certified, the Texas State Board of Plumbing Examiners shall
545	545	destroy the criminal history record information that relates to
546	546	that applicant.
547	547	(d) The Texas State Board of Plumbing Examiners may destroy
548	548	criminal history record information that relates to an applicant
549	549	who is not licensed, registered, endorsed, or certified, as
550	550	applicable.
551	551	(e) The Texas State Board of Plumbing Examiners is not
552	552	prohibited from disclosing Texas criminal history record
553	553	information obtained under Subsection (a) in a criminal proceeding
554	554	or in a hearing conducted by the Texas State Board of Plumbing
555	555	Examiners.
556	556	(f) In accordance with Section 411.087 and Chapter 1301,
557	557	Texas Occupations Code, the Texas State Board of Plumbing Examiners
558	558	shall obtain criminal history record information from the Federal
559	559	Bureau of Investigation identification division.
560	560	(g) Criminal history record information obtained by the
561	561	Federal Bureau of Investigation shall not be disseminated.
562	562	ARTICLE 11. TEXAS BOARD OF CHIROPRACTIC EXAMINERS
563	563	SECTION 11.01. Chapter 411, Government Code, is amended by
564	564	adding Section 411.XXX to read as follows:
565	565	Sec. 411.XXX. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
566	566	TEXAS BOARD OF CHIROPRACTIC EXAMINERS. (a) The Texas Board of
567	567	Chiropractic Examiners are entitled to obtain from the department
568	568	criminal history record information maintained by the department
569	569	that relates to:
570	570	(1) a person who is an applicant for a license or
571	571	registration under Texas Occupations Code Chapter 201; or
572	572	(2) the holder of a license or registration under Texas
573	573	Occupations Code Chapter 201.
574	574	(b) Texas criminal history record information obtained by
575	575	the Texas Board of Chiropractic Examiners under Subsection (a) may
576	576	not be released or disclosed to any person except on court order,
577	577	with the written consent of the person or entity that is the subject
578	578	of the criminal history record information, or as provided by
579	579	Subsection (e).
580	580	(c) After an entity is licensed or registered, the Texas
581	581	Board of Chiropractic Examiners shall destroy the criminal history
582	582	record information that relates to that entity.
583	583	(d) The Texas Board of Chiropractic Examiners shall destroy
584	584	criminal history record information that relates to an applicant
585	585	who is not licensed or registered, as applicable.
586	586	(e) The Texas Board of Chiropractic Examiners is not
587	587	prohibited from disclosing Texas criminal history record
588	588	information obtained under Subsection (a) in a criminal proceeding
589	589	or in a hearing conducted under the authority of the Texas Board of
590	590	Chiropractic Examiners.
591	591	(f) In accordance with Section 411.087, the Texas Board of
592	592	Chiropractic Examiners shall obtain criminal history record
593	593	information from the Federal Bureau of Investigation
594	594	identification division.
595	595	(g) Criminal history record information obtained by the
596	596	Federal Bureau of Investigation shall not be disseminated.
597	597	ARTICLE 12. TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY
598	598	SECTION 12.01. Section 411.105, Government Code, is amended
599	599	to read as follows:
600	600	Sec. 411.105. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
601	601	TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY. (a) The Texas State Board
602	602	of Public Accountancy is entitled to obtain from the department and
603	603	the Federal Bureau of Investigation, pursuant to 901.169 of the
604	604	Public Accountancy Act, Chapter 901 Occupations Code, criminal
605	605	history record information maintained by the department and the
606	606	Federal Bureau of Investigation that relates toa person who is:
607	607	(1) an individual, pursuant to Chapter 901 of the
608	608	Occupations Code, who is:
609	609	(A) an applicant for certification as a certified
610	610	public accountant under Chapter 901, Occupations Code; or an
611	611	applicant to take the uniform CPA examination under that Act.;
612	612	(B) an applicant to be certified;
613	613	(C) an applicant to be licensed;
614	614	(D) an applicant to be reinstated;
615	615	(E) an applicant to have a license renewed;
616	616	(F) an applicant to become a non-CPA owner of a CPA
617	617	firm; or
618	618	(G) a license holder or non-CPA owner of a CPA
619	619	firm.
620	620	(b) Texas criminal history record information obtained by
621	621	the board under Subsection (a) shall not be released or disclosed to
622	622	any person except on court order, with the written consent of the
623	623	person that is the subject of the criminal history record
624	624	information, or as provided by Subsection (d).
625	625	(c) After an individual’s application is approved or denied,
626	626	or an investigation completed, the board shall destroy the criminal
627	627	history record information that relates to that individual.
628	628	(d) The board is not prohibited from disclosing Texas
629	629	criminal history record information obtained under Subsection (a)
630	630	in a criminal proceeding or in a hearing conducted by or on behalf
631	631	of the board.
632	632	(e) Criminal history record information obtained by the
633	633	Federal Bureau of Investigation shall not be disseminated.
634	634	ARTICLE 13. TEXAS OPTOMETRY BOARD
635	635	SECTION 13.01. Chapter 411, Government Code, is amended by
636	636	adding Section 411. ### to read as follows:
637	637	Sec. 411.###. ACCESS TO CRIMINAL HISTORY RECORD
638	638	INFORMATION: Texas Optometry Board. (a) The Texas Optometry Board
639	639	is entitled to obtain from the department criminal history record
640	640	information maintained by the department that relates to:
641	641	(1) a person who is:
642	642	(A) an applicant for a license under Section
643	643	351.251, Texas Occupations Code; or
644	644	(B) the holder of a license under Section
645	645	351.302, Texas Occupations Code.
646	646	(b) Texas criminal history record information obtained by
647	647	the Texas Optometry Board under Subsection (a) shall not be
648	648	released or disclosed to any person except on court order, with the
649	649	written consent of the person or entity that is the subject of the
650	650	criminal history record information, or as provided by Subsection
651	651	(e).
652	652	(c) After a person is licensed, the Texas Optometry Board
653	653	shall destroy the criminal history record information that relates
654	654	to that person.
655	655	(d) The Texas Optometry Board shall destroy criminal history
656	656	record information that relates to an applicant who is not
657	657	licensed, as applicable.
658	658	(e) The Texas Optometry Board is not prohibited from
659	659	disclosing Texas criminal history record information obtained
660	660	under Subsection (a) in a criminal proceeding or in a hearing
661	661	conducted by the Texas Optometry Board.
662	662	(g) In accordance with Section 411.087, Sec. 351.2525, Texas
663	663	Occupations Code, and Sec. 351.3045, Texas Occupations Code, the
664	664	Texas Optometry Board shall obtain criminal history record
665	665	information from the Federal Bureau of Investigation
666	666	identification division.
667	667	(h) Criminal history record information obtained by the
668	668	Federal Bureau of Investigation shall not be disseminated.
669	669	ARTICLE 14. EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND OCCUPATIONAL
670	670	THERAPY EXAMINERS
671	671	SECTION 14.01. Chapter 411, Government Code, is amended by
672	672	adding Section 411.XXX to read as follows:
673	673	Sec. 411.###. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
674	674	EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND OCCUPATIONAL THERAPY
675	675	EXAMINERS.
676	676	(a) The Executive Council of Physical Therapy and
677	677	Occupational Therapy Examiners is entitled to obtain from the
678	678	department criminal history record information maintained by the
679	679	department that relates to a person who is:
680	680	(1) an applicant for or the holder of a physical
681	681	therapist or physical therapist assistant license under Chapter
682	682	453, Occupations Code; or
683	683	(2) an applicant for or the holder of an
684	684	occupational therapist or occupational therapy assistant license
685	685	under Chapter 454, Occupations Code.
686	686	(b) Texas criminal history record information obtained
687	687	by the Executive Council of Physical Therapy and Occupational
688	688	Therapy Examiners under Subsection (a) may not be released or
689	689	disclosed to any person except on court order, with the written
690	690	consent of the person who is the subject of the criminal history
691	691	record information, or as provided by Subsection (f).
692	692	(c) After a person is licensed, the Executive Council
693	693	of Physical Therapy and Occupational Therapy Examiners shall
694	694	destroy the criminal history record information that relates to
695	695	that person.
696	696	(d) The Executive Council of Physical Therapy and
697	697	Occupational Therapy Examiners shall destroy criminal history
698	698	record information that relates to an applicant who is not
699	699	licensed.
700	700	(e) After a license has been renewed or denied renewal,
701	701	the Executive Council of Physical Therapy and Occupational Therapy
702	702	Examiners shall destroy criminal history record information that
703	703	relates to the license holder who is renewing or attempting to renew
704	704	the license.
705	705	(f) The Executive Council of Physical Therapy and
706	706	Occupational Therapy Examiners is not prohibited from disclosing
707	707	Texas criminal history record information obtained under
708	708	Subsection (a) in a criminal proceeding or in a hearing conducted by
709	709	the Executive Council of Physical Therapy and Occupational Therapy
710	710	Examiners.
711	711	(g) In accordance with Section 411.087, the Executive
712	712	Council of Physical Therapy and Occupational Therapy Examiners
713	713	shall obtain criminal history record information from the Federal
714	714	Bureau of Investigation identification division.
715	715	(h) Criminal history record information obtained by the
716	716	Federal Bureau of Investigation shall not be disseminated.
717	717	ARTICLE 15. HEALTH AND HUMAN SERVICES
718	718	SECTION 15.01. Section 411.110, Government Code, is amended
719	719	to read as follows:
720	720	Sec. 411.110. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
721	721	DEPARTMENT OF STATE HEALTH SERVICES AND HEALTH AND HUMAN SERVICES
722	722	COMMISSION. (a) The Department of State Health Services and the
723	723	Health and Human Services Commission are entitled to obtain from
724	724	the department criminal history record information maintained by
725	725	the department that relates to a person who is required to be
726	726	fingerprinted and:
727	727	(1) the a person who is:
728	728	(A) an applicant for a license or certificate
729	729	under the Emergency Health Care Act (Chapter 773,
730	730	Health and Safety Code);
731	731	(B) an owner or manager of an applicant for an
732	732	emergency medical services provider license under
733	733	that Act; or
734	734	(C) the holder of a license or certificate under
735	735	that Act;
736	736	(2) is an applicant for a license or a license holder
737	737	under Subchapters I, L or N, Chapter 431, Health and
738	738	Safety Code;
739	739	(3) is an applicant for employment at or current
740	740	employee of:
741	741	(A) a public health hospital as defined by Section
742	742	13.033, Health and Safety Code; or
743	743	(B) the South Texas Health Care System;
744	744	(4) is an applicant for employment at, current employee
745	745	of, or person who contracts or may contract to provide goods
746	746	or services with the Council on Sex Offender Treatment or
747	747	other division or component of the Health and Human Services
748	748	Commission that monitors sexually violent predators as
749	749	described by Section 841.003(a), Health and Safety Code; or
750	750	(5) is a person authorized to access vital records or
751	751	the vital records electronic registration system under
752	752	Chapter 191, Health and Safety Code, including an employee of
753	753	or contractor for the Department of State Health Services, a
754	754	local registrar, a medical professional, or a funeral
755	755	director.; or
756	756	(6) is an applicant for a license or a license holder
757	757	under Subchapter C, Chapter 443, Health and Safety Code.
758	758	(b) Texas Ccriminal history record information obtained by
759	759	the Department of State Health Services or the Health and Human
760	760	Services Commission under Subsection (a) may not be released or
761	761	disclosed to any person except:
762	762	(1) on court order,
763	763	(2) with the written consent of the person or entity
764	764	that is the subject of the criminal history record information,
765	765	(3) by either the Department of State Health Services or
766	766	the Health and Human Services Commission that is sharing with the
767	767	other agency information obtained under this section for the
768	768	purposes authorized by this section; or
769	769	(4)or as provided by Subsection (ec).
770	770	(c) After an entity is licensed or certified, the Department
771	771	of State Health Services or the Health and Human Services
772	772	Commission, as applicable, shall destroy the criminal history
773	773	record information that relates to that entity. The Department of
774	774	State Health Services or the Health and Human Services Commission,
775	775	as applicable, shall destroy the criminal history record
776	776	information that relates to:
777	777	(1) an applicant for employment after that applicant is
778	778	employed or, for an applicant who is not employed, after the check
779	779	of the criminal history record information on that applicant is
780	780	completed; or
781	781	(2) an employee or contractor after the check of the
782	782	criminal history record information on that employee or contractor
783	783	is completed.
784	784	(d) The Department of State Health Services or the Health and
785	785	Human Services Commission, as applicable, shall destroy criminal
786	786	history record information that relates to an applicant who is not
787	787	certified or employed, as applicable.
788	788	(e) The Department of State Health Services or the Health and
789	789	Human Services Commission is not prohibited from disclosing Texas
790	790	criminal history record information obtained under Subsection (a)
791	791	in a criminal proceeding or in a hearing conducted by the Department
792	792	of State Health Services or the Health and Human Services
793	793	Commission, as applicable.
794	794	(f) The Department of State Health Services or the Health and
795	795	Human Services Commission may not consider offenses described by
796	796	Section 542.304, Transportation Code, to determine whether to hire
797	797	or retain an employee or to contract with a person on whom criminal
798	798	history record information is obtained under this section.
799	799	(g) In accordance with Section 411.087 and consistent with
800	800	the public policy of this state, the Department of State Health
801	801	Services and the Health and Human Services Commission may obtain
802	802	criminal history record information from the Federal Bureau of
803	803	Investigation identification division.
804	804	(h) Criminal history record information obtained by the
805	805	Federal Bureau of Investigation shall not be disseminated.
806	806	SECTION 15.02. Section 411.1103, Government Code, is amended
807	807	to read as follows:
808	808	Sec. 411.1103 ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
809	809	DEPARTMENT OF STATE HEALTH SERVICES AND HEALTH AND HUMAN SERVICES
810	810	COMMISSION AND PERSONNEL AT STATE HOSPITALS. (a) The Department of
811	811	State Health Services and the Health and Human Services Commission
812	812	isare entitled to obtain from the department as provided by
813	813	Subsection (b) criminal history record information maintained by
814	814	the department that relates to a person:
815	815	(1) who is required to be fingerprinted and who is:
816	816	(A) an applicant for employment at a state
817	817	hospital established under Chapter 552, Health and Safety Code;
818	818	(B) an employee of a state hospital established
819	819	under Chapter 552, Health and Safety Code;
820	820	(C) a person who contracts or may contract to
821	821	provide goods or services to the Department of State Health
822	822	Services or the Health and Human Services Commission, as
823	823	applicable, at a state hospital established under Chapter 552,
824	824	Health and Safety Code, or an employee of or applicant for
825	825	employment with that person;
826	826	(D) a volunteer with a state hospital established
827	827	under Chapter 552, Health and Safety Code; or
828	828	(E) an applicant for a volunteer position with a
829	829	state hospital established under Chapter 552, Health and Safety
830	830	Code; and
831	831	(2) who is required to be fingerprinted and who would be
832	832	placed in direct contact with a patient at a state hospital
833	833	established under Chapter 552, Health and Safety Code.
834	834	(b) Subject to Section 411.087 and consistent with the public
835	835	policy of this state, the [Department of State Health Services and
836	836	the] Health and Human Services Commission is [are] entitled to:
837	837	(1) obtain through the Federal Bureau of Investigation
838	838	criminal history record information maintained or indexed by that
839	839	bureau that pertains to a person described by Subsection (a); and
840	840	(2) obtain from any other criminal justice agency in
841	841	this state criminal history record information maintained by that
842	842	criminal justice agency that relates to a person described by
843	843	Subsection (a).
844	844	(b)(c)The Department of State Health Services or the Health
845	845	and Human Services Commission may not release or disclose to any
846	846	entity, public or private, criminal history record information
847	847	obtained under Subsection (b)(1). Texas Ccriminal history record
848	848	information obtained by the Department of State Health Services or
849	849	the Health and Human Services Commission under Subsection (b)(2)
850	850	this section may not be released or disclosed to any person except:
851	851	(1) on court order;
852	852	(2) with the consent of the person who is the subject of
853	853	the criminal history record information;
854	854	(3) for purposes of an administrative hearing held by
855	855	the Department of State Health Services or the Health and Human
856	856	Services Commission, as applicable, concerning the person who is
857	857	the subject of the criminal history record information; or
858	858	(4) as provided by Subsection (d)(c).
859	859	(c)(d) The Department of State Health Services or the Health
860	860	and Human Services Commission is not prohibited from releasing
861	861	criminal history record information obtained under Subsection
862	862	(d)(2)this section to the person who is the subject of the criminal
863	863	history record information.
864	864	(e) The Health and Human Services Commission shall destroy
865	865	the criminal history record information that relates to:
866	866	(1) an applicant for employment after that applicant is
867	867	employed or, for an applicant who is not employed, after the check
868	868	of the criminal history record information on that applicant is
869	869	completed;
870	870	(2) an employee or contractor after the check of the
871	871	criminal history record information on that employee or contractor
872	872	is completed; or
873	873	(3) a volunteer after the check or the criminal history
874	874	record information is completed.
875	875	(e)(f) This section does not prohibit the Department of State
876	876	Health Services or the Health and Human Services Commission from
877	877	obtaining and using criminal history record information as provided
878	878	by other law.
879	879	SECTION 15.03. Section 411.1105, Government Code, is amended
880	880	to read as follows:
881	881	Sec. 411.1105 ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
882	882	DEPARTMENT OF STATE HEALTH SERVICES AND HEALTH AND HUMAN SERVICES
883	883	COMMISSION. (a) The Department of State Health Services and the
884	884	Health and Human Services Commission isare entitled to obtain from
885	885	the department as provided by Subsection (b) criminal history
886	886	record information maintained by the department that relates to a
887	887	person who is required to be fingerprinted and who is:
888	888	(1) an applicant for a chemical dependency counselor's
889	889	license, a counselor intern's registration, or a clinical
890	890	supervisor certification under Chapter 504, Occupations Code; or
891	891	(2) the holder of a license, registration, or
892	892	certification under that chapter.
893	893	(b) Subject to Section 411.087 and consistent with the public
894	894	policy of this state, the Health and Human Services Commission is
895	895	entitled to:
896	896	(1) obtain through the Federal Bureau of Investigation
897	897	criminal history record information maintained or indexed by that
898	898	bureau that pertains to a person described by Subsection (a); and
899	899	(2) obtain from any other criminal justice agency in
900	900	this state criminal history record information maintained by that
901	901	criminal justice agency that relates to a person described by
902	902	Subsection (a).
903	903	(c) In addition to information obtained from the Federal
904	904	Bureau of Investigation under Section 411.087 and consistent with
905	905	the public policy of this state, the Department of State Health
906	906	Services and the Health and Human Services Commission isare
907	907	entitled to obtain information relating to the wanted persons
908	908	status of an individual listed in Subsection (a).
909	909	(c)(d) Criminal history record information obtained by the Health
910	910	and Human Services Commission under Subsection (b)(1) may not be
911	911	released or disclosed to any other person or entity, public or
912	912	private. Criminal history record information obtained by the
913	913	Department of State Health Services or theHealth and Human Services
914	914	Commission under Subsection (b)(2)(a) may not be released or
915	915	disclosed to any person or entity, public or private, except:
916	916	(1) on court order,;
917	917	(2) with the consent of the person who is the subject of
918	918	the criminal history record information,; or
919	919	(3) as provided by Subsection (e)(d).
920	920	(e)(d) The Department of State Health Services or theHealth
921	921	and Human Services Commission, as applicable, may provide the
922	922	applicant or licensee with a copy of the person's criminal history
923	923	record information obtained from the Department of Public Safety,
924	924	Federal Bureau of Investigation identification division, or
925	925	another law enforcement agency.
926	926	(f) The Health and Human Services Commission shall destroy
927	927	the criminal history record information that relates to:
928	928	(1) an applicant for a chemical dependency counselor's
929	929	license, a counselor intern's registration, or a clinical
930	930	supervisor certification under Chapter 504, Occupations Code,
931	931	under Subsection (a) (1) after the check of the criminal history
932	932	record information on that applicant is completed; or
933	933	(2) the holder of a license, registration, or
934	934	certification under that chapter after the check of the criminal
935	935	history record information on that holder is completed.
936	936	(g) This section does not prohibit the Health and Human
937	937	Services Commission from obtaining and using criminal history
938	938	record information as provided by other law.
939	939	SECTION 15.04. Section 411.1106, Government Code, is amended
940	940	to read as follows:
941	941	Sec. 411.1106. ACCESS TO CRIMINAL HISTORY RECORD
942	942	INFORMATION: HEALTH AND HUMAN SERVICES COMMISSION. (a) In this
943	943	section, "commission" means the Health and Human Services
944	944	Commission.
945	945	(b) The executive commissioner of the commission, or the
946	946	executive commissioner's designee, is entitled to obtain from the
947	947	department criminal history record information maintained by the
948	948	department as provided by Subsection (c) that relates to a person
949	949	who is required to be fingerprinted and who is:
950	950	(1) an applicant for employment, an employee, a
951	951	contractor, an applicant for a volunteer position, or a volunteer
952	952	for a position in which the person, as an employee, contractor, or
953	953	volunteer, would have access to sensitive personal or financial
954	954	information, as determined by the executive commissioner, in:
955	955	(A) the eligibility services division of the
956	956	commission as established by Section 531.008(d); or
957	957	(B) the commission's office of inspector general
958	958	as established by Section 531.008(c)(2) and Subchapter C, Chapter
959	959	531; or
960	960	(C) the regulatory services division of the
961	961	commission as established by Section 531.008(c)(3); or
962	962	(2) an employee of the commission who has access
963	963	to sensitive personal or financial information, as determined by
964	964	the executive commissioner.
965	965	(c) Subject to Section 411.087 and consistent with the public
966	966	policy of this state, the commission is entitled to:
967	967	(1) obtain through the Federal Bureau of Investigation criminal
968	968	history record information maintained or indexed by that bureau
969	969	that pertains to a person described by Subsection (b); and
970	970	(2) obtain from any other criminal justice agency in this state
971	971	criminal history record information maintained by that criminal
972	972	justice agency that relates to a person described by Subsection
973	973	(b).
974	974	(c)(d) Criminal history record information obtained by the
975	975	commission under Subsection (c)(1) may not be released or disclosed
976	976	to any other person or entity, public or private. Criminal history
977	977	record information obtained by the executive commissioner of the
978	978	commission, or by the executive commissioner's designee, under
979	979	Subsection (c)(2) [(b)] may not be released or disclosed, except:
980	980	(1) if the information is in a public record at the time
981	981	the information is obtained;
982	982	(2) on court order;
983	983	(3) to a criminal justice agency, upon request;
984	984	(4) with the consent of the person who is the subject of
985	985	the criminal history record information; or
986	986	(5) as provided by Subsection (e) [(d)].
987	987	(d)(e) The commission is not prohibited from disclosing
988	988	criminal history record information obtained under Subsection
989	989	(b)(2)(c)(2) in a criminal proceeding or in a hearing conducted by
990	990	the commission.
991	991	(e)(f) The commission shall destroy all criminal history
992	992	record information obtained under Subsection (b)(c) as soon as
993	993	practicable after the information is used for its authorized
994	994	purpose.
995	995	(f)(g) This section does not prohibit the commission from
996	996	obtaining and using criminal history record information as provided
997	997	by other law.
998	998	SECTION 15.05. Section 411.1131, Government Code, is amended
999	999	to read as follows:
1000	1000	Sec. 411.1131. ACCESS TO CRIMINAL HISTORY RECORD
1001	1001	INFORMATION: HEALTH AND HUMAN SERVICES COMMISSION. (a) The Health
1002	1002	and Human Services Commission is entitled to obtain from the
1003	1003	department as provided by Subsection (b) criminal history record
1004	1004	information maintained by the department that relates to a person
1005	1005	who is required to be fingerprinted and who is an applicant for a
1006	1006	staff position at an outdoor training program for children who are
1007	1007	deaf or hard of hearing conducted by a private entity through a
1008	1008	contract with the Health and Human Services Commission in
1009	1009	accordance with Section 81.013, Human Resources Code.
1010	1010	(b) Subject to Section 411.087 and consistent with the public
1011	1011	policy of this state, the Health and Human Services Commission is
1012	1012	entitled to:
1013	1013	(1) obtain through the Federal Bureau of Investigation
1014	1014	criminal history record information maintained or indexed by that
1015	1015	bureau that pertains to a person described by Subsection (a); and
1016	1016	(2) obtain from any other criminal justice agency in
1017	1017	this state criminal history record information maintained by that
1018	1018	criminal justice agency that relates to a person described by
1019	1019	Subsection (a).
1020	1020	(c) [(b)] Criminal history record information obtained
1021	1021	by the Health and Human Services Commission under Subsection (b)
1022	1022	[(a)] may be used only to evaluate an applicant for a staff position
1023	1023	at an outdoor training program for children who are deaf or hard of
1024	1024	hearing. The Health and Human Services Commission may release or
1025	1025	disclose the information obtained under Subsection (b)(2) to a
1026	1026	private entity described by Subsection (a) for that purpose.
1027	1027	(d) [(c)] The Health and Human Services Commission may
1028	1028	not release or disclose information obtained under Subsection
1029	1029	(b)(1) to any other person or entity, public or private. The Health
1030	1030	and Human Services Commission may not release or disclose
1031	1031	information obtained under Subsection (b)(2) [(a)], except on court
1032	1032	order or with the consent of the person who is the subject of the
1033	1033	criminal history record information, and shall destroy all criminal
1034	1034	history record information obtained under Subsection (b) [(a)]
1035	1035	after the information is used for its authorized purpose.
1036	1036	(e) This section does not prohibit the Health and Human
1037	1037	Services Commission from obtaining and using criminal history
1038	1038	record information as provided by other law.
1039	1039	SECTION 15.06. Section 411.114, Government Code, is amended
1040	1040	to read as follows:
1041	1041	Sec. 411.114 ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
1042	1042	DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES AND HEALTH AND HUMAN
1043	1043	SERVICES COMMISSION. (a)(1) In this subsection:
1044	1044	(A) "Child," "child-care facility," "child-placing
1045	1045	agency," "facility," and "family home" have the meanings assigned
1046	1046	by Section 42.002, Human Resources Code.
1047	1047	(A-1) "Department of Family and Protective Services"
1048	1048	includes:
1049	1049	(i) the Department of Family and Protective
1050	1050	Services as authorized by Section 40.002, Human Resources Code; and
1051	1051	(ii) any person or entity acting as an authorized
1052	1052	agent of the Department of Family and Protective Services.
1053	1053	(B) "Elderly person" has the meaning assigned by
1054	1054	Section 48.002, Human Resources Code.
1055	1055	(D) "Person with a disability" has the meaning assigned
1056	1056	by Section 48.002, Human Resources Code.
1057	1057	(2) The Department of Family and Protective Services or
1058	1058	the Health and Human Services Commission, as applicable, shall
1059	1059	obtain from the department criminal history record information
1060	1060	maintained by the department that relates to a person who is:
1061	1061	(A) an applicant for a license, registration,
1062	1062	certification, or listing under Chapter 42, Human Resources Code;
1063	1063	(B) an owner, operator, or employee of or an
1064	1064	applicant for employment by a child-care facility, child-placing
1065	1065	agency, or family home licensed, registered, certified, or listed
1066	1066	under Chapter 42, Human Resources Code;
1067	1067	(C) a person 14 years of age or older who will be
1068	1068	regularly or frequently working or staying in a facility or family
1069	1069	home, other than a child in the care of the home or facility;
1070	1070	(D) an applicant selected for a position with the
1071	1071	Department of Family and Protective Services or the Health and
1072	1072	Human Services Commission, the duties of which include direct
1073	1073	delivery of protective services to children, elderly persons, or
1074	1074	persons with a disability;
1075	1075	(E) an employee of, an applicant for employment
1076	1076	with, or a volunteer or an applicant volunteer with a business
1077	1077	entity or person that contracts with the Department of Family and
1078	1078	Protective Services or the Health and Human Services Commission to
1079	1079	provide direct delivery of protective services to children, elderly
1080	1080	persons, or persons with a disability, if the person's duties or
1081	1081	responsibilities include direct contact with children, elderly
1082	1082	persons, or persons with a disability;
1083	1083	(F) a registered volunteer with the Department of
1084	1084	Family and Protective Services or the Health and Human Services
1085	1085	Commission;
1086	1086	(G) a person providing or applying to provide
1087	1087	in-home, adoptive, or foster care for children in the care of the
1088	1088	Department of Family and Protective Services or the Health and
1089	1089	Human Services Commission and other persons living in the residence
1090	1090	in which the child will reside;
1091	1091	(H) a Department of Family and Protective Services
1092	1092	employee or a Health and Human Services Commission employee who is
1093	1093	engaged in the direct delivery of protective services to children,
1094	1094	elderly persons, or persons with a disability;
1095	1095	(I) an alleged perpetrator in a report the
1096	1096	Department of Family and Protective Services or the Health and
1097	1097	Human Services Commission receives alleging that the person has
1098	1098	abused, neglected, or exploited a child, an elderly person, or a
1099	1099	person with a disability, provided that:
1100	1100	(i) the report alleges the person has engaged
1101	1101	in conduct that meets the applicable definition of abuse, neglect,
1102	1102	or exploitation under Chapter 261, Family Code, or Chapter 48,
1103	1103	Human Resources Code; and
1104	1104	(ii) the person is not also the victim of the
1105	1105	alleged conduct;
1106	1106	(J) a person providing child care for a child who
1107	1107	is in the care of the Department of Family and Protective Services
1108	1108	or the Health and Human Services Commission and who is or will be
1109	1109	receiving adoptive, foster, or in-home care;
1110	1110	(K) through a contract with a nonprofit management
1111	1111	center, an employee of, an applicant for employment with, or a
1112	1112	volunteer or an applicant volunteer with a nonprofit, tax-exempt
1113	1113	organization that provides any service that involves the care of or
1114	1114	access to a child, an elderly person, or a person with a disability;
1115	1115	or
1116	1116	(L) an applicant for a child-care administrator or
1117	1117	child-placing agency administrator license under Chapter 43, Human
1118	1118	Resources Code.
1119	1119	(3) In addition to the criminal history record
1120	1120	information the Department of Family and Protective Services or the
1121	1121	Health and Human Services Commission is required to obtain under
1122	1122	Subdivision (2), the Department of Family and Protective Services
1123	1123	or the Health and Human Services Commission, as applicable, is
1124	1124	entitled to obtain from the department criminal history record
1125	1125	information maintained by the department that relates to a person
1126	1126	who is:
1127	1127	(A) an applicant for a position with the
1128	1128	Department of Family and Protective Services or the Health and
1129	1129	Human Services Commission regardless of the duties of the position,
1130	1130	including a position described by Subdivision (2)(D);
1131	1131	(B) a Department of Family and Protective Services
1132	1132	employee or a Health and Human Services Commission employee
1133	1133	regardless of the duties of the employee's position, including an
1134	1134	employee described by Subdivision (2)(H);
1135	1135	(C) a volunteer or applicant volunteer with the
1136	1136	Department of Family and Protective Services or the Health and
1137	1137	Human Services Commission regardless of the duties to be performed,
1138	1138	including a registered volunteer;
1139	1139	(D) an employee of, an applicant for employment
1140	1140	with, or a volunteer or an applicant volunteer with an entity or
1141	1141	person that contracts with the Department of Family and Protective
1142	1142	Services or the Health and Human Services Commission, as
1143	1143	applicable, and has access to confidential information in that
1144	1144	department's or commission's records, if the employee, applicant,
1145	1145	volunteer, or applicant volunteer has or will have access to that
1146	1146	confidential information;
1147	1147	(E) a person living in the residence in which the
1148	1148	alleged victim of the report resides, including an alleged
1149	1149	perpetrator in a report described by Subdivision (2)(I);
1150	1150	(F) a person providing, at the request of the
1151	1151	child's parent, in-home care for a child who is the subject of a
1152	1152	report alleging the child has been abused or neglected;
1153	1153	(G) a person providing, at the request of the
1154	1154	child's parent, in-home care for a child only if the person gives
1155	1155	written consent to the release and disclosure of the information;
1156	1156	(H) a child who is related to the caretaker, as
1157	1157	determined under Section 42.002, Human Resources Code, or any other
1158	1158	person who resides in, is present in, or has unsupervised access to
1159	1159	a child in the care of a facility or family home;
1160	1160	(I) a relative of a child in the care of the
1161	1161	Department of Family and Protective Services or the Health and
1162	1162	Human Services Commission, as applicable, to the extent necessary
1163	1163	to comply with Section 162.007, Family Code;
1164	1164	(J) a person providing or applying to provide
1165	1165	in-home, adoptive, or foster care for children to the extent
1166	1166	necessary to comply with Subchapter B, Chapter 162, Family Code;
1167	1167	(K) a person who volunteers to supervise
1168	1168	visitation under Subchapter B, Chapter 263, Family Code;
1169	1169	(L) an employee of or volunteer at, or an
1170	1170	applicant for employment with or to be a volunteer at, an entity
1171	1171	that provides supervised independent living services to a young
1172	1172	adult receiving extended foster care services from the Department
1173	1173	of Family and Protective Services or the Health and Human Services
1174	1174	Commission, as applicable;
1175	1175	(M) a person 14 years of age or older who will be
1176	1176	regularly or frequently working or staying in a host home that is
1177	1177	providing supervised independent living services to a young adult
1178	1178	receiving extended foster care services from the Department of
1179	1179	Family and Protective Services or the Health and Human Services
1180	1180	Commission, as applicable;
1181	1181	(N) a volunteer or applicant volunteer with a
1182	1182	local affiliate in this state of Big Brothers Big Sisters of
1183	1183	America;
1184	1184	(O) a volunteer or applicant volunteer with an
1185	1185	organization that provides court-appointed volunteer advocates for
1186	1186	abused or neglected children; or
1187	1187	(P) an employee, volunteer, or applicant
1188	1188	volunteer of a children's advocacy center under Subchapter E,
1189	1189	Chapter 264, Family Code, including a member of the governing board
1190	1190	of a center.
1191	1191	(4) Subject to Section 411.087 and consistent with the
1192	1192	public policy of this state, the Department of Family and
1193	1193	Protective Services and the Health and Human Services Commission
1194	1194	are entitled to:
1195	1195	(A) obtain through the Federal Bureau of
1196	1196	Investigation criminal history record information maintained or
1197	1197	indexed by that bureau that pertains to a person who is required to
1198	1198	be fingerprinted and who is described by Subdivision (2) or (3); and
1199	1199	(B) obtain from any other criminal justice agency
1200	1200	in this state criminal history record information maintained by
1201	1201	that criminal justice agency that relates to a person described by
1202	1202	Subdivision (2) or (3). Law enforcement entities shall expedite the
1203	1203	furnishing of such information to Department of Family and
1204	1204	Protective Services workers or Health and Human Services Commission
1205	1205	workers, as applicable, to ensure prompt criminal background checks
1206	1206	for the safety of alleged victims and Department of Family and
1207	1207	Protective Services workers or Health and Human Services Commission
1208	1208	workers, as applicable.
1209	1209	(5) The Department of Family and Protective Services or
1210	1210	the Health and Human Services Commission may not use the authority
1211	1211	granted under this section to harass an employee or volunteer. The
1212	1212	commissioner of the Department of Family and Protective Services or
1213	1213	the executive commissioner of the Health and Human Services
1214	1214	Commission, as applicable, shall adopt rules to prevent the
1215	1215	harassment of an employee or volunteer through the request and use
1216	1216	of criminal records.
1217	1217	(6) Criminal history record information obtained by the
1218	1218	Department of Family and Protective Services or the Health and
1219	1219	Human Services Commission under this subsection may not be released
1220	1220	to any person except:
1221	1221	(A) on court order;
1222	1222	(B) with the consent of the person who is the
1223	1223	subject of the criminal history record information;
1224	1224	(C) for purposes of an administrative hearing held
1225	1225	by the Department of Family and Protective Services or the Health
1226	1226	and Human Services Commission, as applicable, concerning the person
1227	1227	who is the subject of the criminal history record information;
1228	1228	(D) as provided by Subdivision (7).
1229	1229	(7) Subject to Subdivision (8), the Department of
1230	1230	Family and Protective Services or the Health and Human Services
1231	1231	Commission, as applicable, is not prohibited from releasing
1232	1232	criminal history record information obtained under this subsection
1233	1233	to:
1234	1234	(A) the person who is the subject of the criminal
1235	1235	history record information;
1236	1236	(B) a child-placing agency listed in Subdivision
1237	1237	(2) that is seeking to verify or approve a foster or adoptive home
1238	1238	under procedures authorized by federal law;
1239	1239	(C) an adult who resides with an alleged victim of
1240	1240	abuse, neglect, or exploitation of a child, elderly person, or
1241	1241	person with a disability and who also resides with the alleged
1242	1242	perpetrator of that abuse, neglect, or exploitation if:
1243	1243	(i) the alleged perpetrator is the subject of
1244	1244	the criminal history record information; and
1245	1245	(ii) the Department of Family and Protective
1246	1246	Services or the Health and Human Services Commission, as
1247	1247	applicable, determines that the release of information to the adult
1248	1248	is necessary to ensure the safety or welfare of the alleged victim
1249	1249	or the adult; or
1250	1250	(D) an elderly person or a person with a
1251	1251	disability who is an alleged victim of abuse, neglect, or
1252	1252	exploitation and who resides with the alleged perpetrator of that
1253	1253	abuse, neglect, or exploitation if:
1254	1254	(i) the alleged perpetrator is the subject of
1255	1255	the criminal history record information; and
1256	1256	(ii) the Department of Family and Protective
1257	1257	Services or the Health and Human Services Commission, as
1258	1258	applicable, determines that the release of information to the
1259	1259	person is necessary to ensure the safety or welfare of the person.
1260	1260	(8) The Department of Family and Protective Services or
1261	1261	the Health and Human Services Commission may only release to a
1262	1262	person described by Subdivision (7)(B), (C), or (D) criminal
1263	1263	history record information that that department or commission
1264	1264	obtains from the Department of Public Safety's computerized
1265	1265	criminal history system.
1266	1266	(b) The failure or refusal to provide a complete set of
1267	1267	fingerprints or a complete name on request constitutes good cause
1268	1268	for dismissal or refusal to hire, as applicable, with regard to a
1269	1269	volunteer of or an employee or applicant for permanent or temporary
1270	1270	employment with the Department of Family and Protective Services or
1271	1271	the Health and Human Services Commission, as applicable, or a
1272	1272	facility, home, business, or other entity, if the volunteer
1273	1273	position, employment, or potential employment involves direct
1274	1274	interaction with or the opportunity to interact and associate with
1275	1275	children.
1276	1276	(c) The Department of Family and Protective Services or the
1277	1277	Health and Human Services Commission, as applicable, may charge an
1278	1278	organization or person that requests criminal history record
1279	1279	information under Subsection (a)(3) a fee in an amount necessary to
1280	1280	cover the costs of obtaining the information on the organization's
1281	1281	or person's behalf.
1282	1282	SECTION 15.07. Section 411.1142, Government Code, is amended
1283	1283	to read as follows:
1284	1284	Sec. 411.1142. ACCESS TO CRIMINAL HISTORY RECORD: EARLY
1285	1285	CHILDHOOD INTERVENTION PROGRAM WITHIN HEALTH AND HUMAN SERVICES
1286	1286	COMMISSION. (a) The Early Childhood Intervention program within the
1287	1287	Health and Human Services Commission, as established by Chapter 73,
1288	1288	Human Resources Code, is entitled to obtain criminal history record
1289	1289	information as provided by Subsection (b) [maintained by the
1290	1290	Department of Public Safety, the Federal Bureau of Investigation
1291	1291	identification division, or another law enforcement agency] that
1292	1292	relates to an employee or an applicant for permanent, temporary, or
1293	1293	consultative employment or for volunteer positions whose
1294	1294	employment or potential employment or volunteer position with the
1295	1295	program or a local provider involves the delivery of early
1296	1296	childhood intervention services or involves direct interactions
1297	1297	with or the opportunity to interact and associate with children.
1298	1298	(b) Subject to Section 411.087 and consistent with the public
1299	1299	policy of this state, the Health and Human Services Commission is
1300	1300	entitled to:
1301	1301	(1) obtain through the Federal Bureau of Investigation
1302	1302	criminal history record information maintained or indexed by that
1303	1303	bureau that pertains to a person described by Subsection (a) and who
1304	1304	is required to be fingerprinted; and
1305	1305	(2) obtain from any other criminal justice agency in
1306	1306	this state criminal history record information maintained by that
1307	1307	criminal justice agency that relates to a person described by
1308	1308	Subsection (a).
1309	1309	(c) Criminal history record information obtained by the
1310	1310	Health and Human Services Commission under Subsection (b)(1) may
1311	1311	not be released or disclosed to any other person or entity, public
1312	1312	or private. Criminal history record information obtained by the
1313	1313	Health and Human Services Commission under Subsection (b)(2) [(a)]
1314	1314	may not be released or disclosed to any person except:
1315	1315	(1) on court order; [,]
1316	1316	(2) with the consent of the person who is the subject of
1317	1317	the criminal history record information;
1318	1318	(3) as provided by Subsection (e) [(d)].
1319	1319	(d) [(c)] The Health and Human Services Commission shall
1320	1320	destroy criminal history record information that relates to a
1321	1321	person after the information is used for its authorized purpose.
1322	1322	(e) [(d)] The Health and Human Services Commission may
1323	1323	provide the applicant, employee, professional consultant, or
1324	1324	volunteer with a copy of the person's criminal history record
1325	1325	information obtained from the Department of Public Safety[, Federal
1326	1326	Bureau of Investigation identification division,] or another law
1327	1327	enforcement agency.
1328	1328	(f) [(e)] The failure or refusal to provide a complete set of
1329	1329	fingerprints or a complete name on request constitutes good cause
1330	1330	for dismissal or refusal to hire, as applicable, with regard to
1331	1331	program employees, professional consultants, and applicants for
1332	1332	permanent, temporary, or consultative employment or for volunteer
1333	1333	positions whose employment or potential employment or volunteer
1334	1334	position with the Health and Human Services Commission or a local
1335	1335	provider involves the delivery of early childhood intervention
1336	1336	services or involves direct interactions with or the opportunity to
1337	1337	interact and associate with children.
1338	1338	SECTION 15.08. Section 411.1143, Government Code is amended
1339	1339	to read as follows:
1340	1340	Sec. 411.1143. ACCESS TO CRIMINAL HISTORY RECORD
1341	1341	INFORMATION; AGENCIES OPERATING PART OF MEDICAL ASSISTANCE
1342	1342	PROGRAM. (a) The Health and Human Services Commission, an agency
1343	1343	operating part of the medical assistance program under Chapter 32,
1344	1344	Human Resources Code, or the office of inspector general
1345	1345	established under Chapter 531, Government Code, is entitled to
1346	1346	obtain from the department the criminal history record information
1347	1347	maintained by the department that relates to a provider under the
1348	1348	medical assistance program or a person applying to enroll as a
1349	1349	provider under the medical assistance program.
1350	1350	(b) Subject to Section 411.087 and consistent with the public
1351	1351	policy of this state, the Health and Human Services Commission and
1352	1352	the office of inspector general are entitled to:
1353	1353	(1) obtain through the Federal Bureau of Investigation
1354	1354	criminal history record information maintained or indexed by that
1355	1355	bureau that pertains to a person described Subsection (a) and who is
1356	1356	required to be fingerprinted; and
1357	1357	(2) obtain from any other criminal justice agency in
1358	1358	this state criminal history record information maintained by that
1359	1359	criminal justice agency that relates to a person described by
1360	1360	Subsection (a).
1361	1361	(c) [(a-1)] Criminal history record information the Health
1362	1362	and Human Services Commission [an agency] or the office of
1363	1363	inspector general is authorized to obtain under Subsection (a)
1364	1364	includes criminal history record information relating to:
1365	1365	(1) a person with a direct or indirect ownership or
1366	1366	control interest, as defined by 42 C.F.R. Section 455.101, in a
1367	1367	provider of five percent or more; and
1368	1368	(2) a person whose information is required to be
1369	1369	disclosed in accordance with 42 C.F.R. Part 1001.
1370	1370	(d) ([b]) Criminal history record information obtained by the
1371	1371	Health and Human Services Commission or the office of inspector
1372	1372	general under Subsection (b)(1) may not be released or disclosed to
1373	1373	any other person or entity, public or private. Criminal history
1374	1374	record information obtained by the Health and Human Services
1375	1375	Commission or the office of inspector general commission or an
1376	1376	agency under Subsection (b)(2) [(a)] may not be released or
1377	1377	disclosed to any person except in a criminal proceeding, in an
1378	1378	administrative proceeding, on court order, or with the consent of
1379	1379	the provider or applicant.
1380	1380	(e) The Health and Human Services Commission and the office
1381	1381	of inspector general shall destroy criminal history record
1382	1382	information obtained under this section after the information is
1383	1383	used for its authorized purpose.
1384	1384	(f) This section does not prohibit the Health and Human
1385	1385	Services Commission or the office of inspector general from
1386	1386	obtaining and using criminal history record information as provided
1387	1387	by other law.
1388	1388	SECTION 15.09. Section 411.1144, Government Code, is amended
1389	1389	to read as follows:
1390	1390	Sec. 411.1144 ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
1391	1391	HEALTH AND HUMAN SERVICES COMMISSION AND [AGENCIES WITH] EMPLOYEES,
1392	1392	CONTRACTORS, OR VOLUNTEERS AT STATE SUPPORTED LIVING CENTERS. (a)
1393	1393	The [Department of State Health Services and the] Health and Human
1394	1394	Services Commission is [are] entitled to obtain from the department
1395	1395	as provided by Subsection (b) criminal history record information
1396	1396	maintained by the department that relates to a person:
1397	1397	(1) who is required to be fingerprinted and who is:
1398	1398	(A) an applicant for employment with the Health
1399	1399	and Human Services Commission [agency];
1400	1400	(B) an employee of the Health and Human Services
1401	1401	Commission [agency];
1402	1402	(C) a volunteer with the Health and Human Services
1403	1403	Commission [agency];
1404	1404	(D) an applicant for a volunteer position with the
1405	1405	Health and Human Services Commission [agency];
1406	1406	(E) an applicant for a contract with the Health
1407	1407	and Human Services Commission [agency]; or
1408	1408	(F) a contractor of the Health and Human Services
1409	1409	Commission [agency]; and
1410	1410	(2) who is required to be fingerprinted and who would be
1411	1411	placed in direct contact with a resident or client of a state
1412	1412	supported living center, as defined by Section 555.001, Health and
1413	1413	Safety Code.
1414	1414	(b) [(d)] Subject to Section 411.087 and consistent with the
1415	1415	public policy of this state, the [Department of State Health
1416	1416	Services and the] Health and Human Services Commission is [are]
1417	1417	entitled to:
1418	1418	(1) obtain through the Federal Bureau of Investigation
1419	1419	criminal history record information maintained or indexed by that
1420	1420	bureau that pertains to a person described by Subsection (a); and
1421	1421	(2) obtain from any other criminal justice agency in
1422	1422	this state criminal history record information maintained by
1423	1423	that criminal justice agency that relates to a person
1424	1424	described by Subsection (a).
1425	1425	(c) [(b)] Criminal history record information obtained by the
1426	1426	Health and Human Services Commission under Subsection (b)(1) may
1427	1427	not be released or disclosed to any other person or entity, public
1428	1428	or private. Criminal history record information obtained by the
1429	1429	Health and Human Services Commission [an agency] under Subsection
1430	1430	(b)(2) [(a)] may not be released or disclosed to any person except:
1431	1431	(1) on court order;
1432	1432	(2) with the consent of the person who is the subject of
1433	1433	the criminal history record information;
1434	1434	(3) for purposes of an administrative hearing held by
1435	1435	the agency concerning the person who is the subject of the criminal
1436	1436	history record information;
1437	1437	(4) as provided by Subsection (d) [(c)].
1438	1438	(d) [(c)] The Health and Human Services Commission is
1439	1439	prohibited from releasing criminal history record information
1440	1440	obtained under Subsection (b)(1) to the person who is the subject of
1441	1441	the criminal history record information. The Health and Human
1442	1442	Services Commission [An agency] is not prohibited from releasing
1443	1443	criminal history record information obtained under Subsection
1444	1444	(b)(2) [(a) or (d)] to the person who is the subject of the criminal
1445	1445	history record information.
1446	1446	(e) The Health and Human Services Commission shall destroy
1447	1447	criminal history record information that is obtained under this
1448	1448	section after the information is used for its authorized purpose.
1449	1449	(f) [(e)] This section does not prohibit an agency from
1450	1450	obtaining and using criminal history record information as provided
1451	1451	by other law.
1452	1452	SECTION 15.10. Sec. 411.115. ACCESS TO CRIMINAL HISTORY
1453	1453	RECORD INFORMATION: DEPARTMENT OF STATE HEALTH SERVICES AND HEALTH
1454	1454	AND HUMAN SERVICES COMMISSION; LOCAL AUTHORITIES; COMMUNITY
1455	1455	CENTERS. (a) In this section, "local mental health authority,"
1456	1456	"local intellectual and developmental disability authority," and
1457	1457	"community center" have the meanings assigned by Section 531.002,
1458	1458	Health and Safety Code.
1459	1459	(b) The Department of State Health Services, the Health and
1460	1460	Human Services Commission, a local mental health or intellectual
1461	1461	and developmental disability authority, or a community center, as
1462	1462	applicable, is entitled to obtain from the department as provided
1463	1463	by Subsection (c) criminal history record information maintained by
1464	1464	the department that relates to a person:
1465	1465	(1) who is:
1466	1466	(A) an applicant for employment with the
1467	1467	Department of State Health Services, the Health and Human Services
1468	1468	Commission, a local mental health or intellectual and developmental
1469	1469	disability authority, or a community center;
1470	1470	(B) an employee of the Department of State Health
1471	1471	Services, the Health and Human Services Commission, a local mental
1472	1472	health or intellectual and developmental disability authority, or a
1473	1473	community center;
1474	1474	(C) an applicant for employment with or an
1475	1475	employee of a business or person that contracts with the Department
1476	1476	of State Health Services, the Health and Human Services Commission,
1477	1477	a local mental health or intellectual and
1478	1478	developmental disability authority, or a
1479	1479	community center to provide residential services to patients with
1480	1480	mental illness or clients with an intellectual or developmental
1481	1481	disability who were furloughed or discharged from a Department of
1482	1482	State Health Services facility, a Health and Human Services
1483	1483	Commission facility, or a community center, as applicable;
1484	1484	(D) a volunteer with the Department of State Health
1485	1485	Services, the Health and Human Services Commission, a local mental
1486	1486	health or intellectual and developmental disability authority, or a
1487	1487	community center; or
1488	1488	(E) a volunteer applicant; and
1489	1489	(2) who would be placed in direct contact with patients
1490	1490	with mental illness or clients with an intellectual or
1491	1491	developmental disability.
1492	1492	(c) Subject to Section 411.087 and consistent with the public
1493	1493	policy of this state, the Department of State Health Services, the
1494	1494	Health and Human Services Commission, a local mental health or
1495	1495	intellectual and developmental disability authority, or a
1496	1496	community center, as applicable, is entitled to:
1497	1497	(1) obtain through the Federal Bureau of Investigation
1498	1498	criminal history record information maintained or indexed by that
1499	1499	bureau that pertains to a person described Subsection (b) and who is
1500	1500	required to be fingerprinted; and
1501	1501	(2) obtain from any other criminal justice agency in
1502	1502	this state criminal history record information maintained by that
1503	1503	criminal justice agency that relates to a person described by
1504	1504	Subsection (b).
1505	1505	(d) Criminal history record information obtained by the
1506	1506	Department of State Health Services, the Health and Human Services
1507	1507	Commission, a local mental health or intellectual and
1508	1508	developmental disability authority, or a community center, as
1509	1509	applicable, under Subsection (c)(1) may not be released or
1510	1510	disclosed to any other person or entity, public or private.
1511	1511	Criminal history record information obtained by the Department of
1512	1512	State Health Services, the Health and Human Services Commission, a
1513	1513	local mental health or intellectual and developmental disability
1514	1514	authority, or a community center under Subsection (c)(2) [(b)] may
1515	1515	not be released or disclosed to a person, other than the contractor
1516	1516	that employs the person who is the subject of the criminal history
1517	1517	record information, except on court order or with the consent of the
1518	1518	person who is the subject of the criminal history record
1519	1519	information.
1520	1520	(e) The Department of State Health Services, the Health and
1521	1521	Human Services Commission, a local mental health or intellectual
1522	1522	and developmental disability authority, or a community center, as
1523	1523	applicable, shall collect and destroy criminal history record
1524	1524	information that relates to a person immediately after making an
1525	1525	employment decision or taking a personnel action relating to the
1526	1526	person who is the subject of the criminal history record
1527	1527	information.
1528	1528	(f) This section does not prohibit the Department of State
1529	1529	Health Services, the Health and Human Services Commission, a local
1530	1530	mental health or intellectual and developmental disability
1531	1531	authority, or a community center, as applicable, from obtaining and
1532	1532	using criminal history record information as provided by other law.
1533	1533	SECTION 15.11. Subchapter F, Chapter 411, Government Code, is
1534	1534	amended by adding Section 411.1161 to read as follows:
1535	1535	Section 411.1161. ACCESS TO CRIMINAL HISTORY RECORD
1536	1536	INFORMATION: HEALTH AND HUMAN SERVICES COMMISSION AND NURSE AIDE
1537	1537	CERTIFICATION, MEDICATION AIDE PERMIT, AND NURSING FACILITY
1538	1538	ADMINISTRATOR LICENSE. (a) The Health and Human Services Commission
1539	1539	is entitled to obtain as provided by Subsection (d) criminal
1540	1540	history record information that relates to a person who is required
1541	1541	to be fingerprinted and who is an initial or renewal applicant for:
1542	1542	(1) a nurse aide certification with inclusion in the
1543	1543	nurse aide registry established under Chapter 250, Health and
1544	1544	Safety Code;
1545	1545	(2) a medication aide permit issued under Chapter 142,
1546	1546	Health and Safety Code; or
1547	1547	(3) a nursing facility administrator license issued
1548	1548	under Chapter 242, Health and Safety Code.
1549	1549	(b) Subject to Section 411.087 and consistent with the public
1550	1550	policy of this state, the Health and Human Services Commission is
1551	1551	entitled to:
1552	1552	(1) obtain through the Federal Bureau of Investigation
1553	1553	criminal history record information maintained or indexed by that
1554	1554	bureau that pertains to a person described by Subsection (a); and
1555	1555	(2) obtain from any other criminal justice agency in
1556	1556	this state criminal history record information maintained by that
1557	1557	criminal justice agency that relates to a person described by
1558	1558	Subsection (a).
1559	1559	(c) Criminal history record information obtained by the
1560	1560	Health and Human Services Commission under Subsection (b)(1) may
1561	1561	not be released or disclosed to any other person or entity, public
1562	1562	or private. Criminal history record information obtained
1563	1563	by the Health and Human Services Commission under Subsection (b)(2)
1564	1564	may not be released or disclosed to any person except:
1565	1565	(1) on court order;
1566	1566	(2) with the consent of the person who is the subject of
1567	1567	the criminal history record information;
1568	1568	(3) for purposes of an administrative hearing held by
1569	1569	the Health and Human Services Commission concerning the person who
1570	1570	is the subject of the criminal history record information;
1571	1571	(4) as provided by Subsection (d).
1572	1572	(d) The Health and Human Services Commission is prohibited
1573	1573	from releasing criminal history record information obtained under
1574	1574	Subsection (b)(1) to the person who is the subject of the criminal
1575	1575	history record information. The Health and Human Services
1576	1576	Commission is not prohibited from releasing criminal history record
1577	1577	information obtained under Subsection (b)(2) to the person who is
1578	1578	the subject of the criminal history record information.
1579	1579	(f) The Health and Human Services Commission shall destroy
1580	1580	criminal history record information that is obtained under this
1581	1581	section after the information is used for its authorized purpose.
1582	1582	(g) This section does not prohibit the Health and Human
1583	1583	Services Commission from obtaining and using criminal history
1584	1584	record information as provided by other law.
1585	1585	SECTION 12. Sec. 411.13861. ACCESS TO CRIMINAL HISTORY RECORD
1586	1586	INFORMATION: HEALTH AND HUMAN SERVICES COMMISSION. (a) The Health
1587	1587	and Human Services Commission is entitled to obtain from the
1588	1588	Department of Public Safety as provided by
1589	1589	Subsection (b) criminal history record information maintained by
1590	1590	the Department of Public Safety that relates to a person:
1591	1591	(1) required to undergo a background and criminal
1592	1592	history check under Chapter 248A, Health and Safety Code;
1593	1593	(2) who seeks unsupervised visits with a ward of the
1594	1594	Health and Human Services Commission, including a relative of the
1595	1595	ward;
1596	1596	(3) who is an applicant for employment with the Health
1597	1597	and Human Services Commission for a position in which the person, as
1598	1598	an employee, would have direct access to residents or clients of a
1599	1599	facility regulated by the Health and Human Services Commission, as
1600	1600	determined by the executive commissioner of that commission; or
1601	1601	(4) who is an employee of the Health and Human Services
1602	1602	Commission and who has direct access to residents or clients of a
1603	1603	facility regulated by that commission, as determined by the
1604	1604	executive commissioner of that commission.
1605	1605	(b) Subject to Section 411.087 and consistent with the public
1606	1606	policy of this state, the Health and Human Services Commission is
1607	1607	entitled to:
1608	1608	(1) obtain through the Federal Bureau of Investigation
1609	1609	criminal history record information maintained or indexed by that
1610	1610	bureau that pertains to a person described by Subsection (a) and who
1611	1611	is required to be fingerprinted; and
1612	1612	(2) obtain from any other criminal justice agency in
1613	1613	this state criminal history record information maintained by that
1614	1614	criminal justice agency that relates to a person described by
1615	1615	Subsection (a).
1616	1616	(c) [(b)] Criminal history record information obtained under
1617	1617	Subsection (a) is for the exclusive use of the Health and Human
1618	1618	Services Commission and is privileged and confidential.
1619	1619	(d) [(c)] Criminal history record information obtained by the
1620	1620	Health and Human Services Commission under Subsection (b)(1) may
1621	1621	not be released or disclosed to any other person or entity, public
1622	1622	or private. Criminal history record information obtained by the
1623	1623	Health and Human Services Commission under Subsection (b)(2) [(a)]
1624	1624	may not be released or disclosed to any person or agency except on
1625	1625	court order or with the consent of the person who is the subject of
1626	1626	the information. The Health and Human Services Commission may
1627	1627	destroy the criminal history record information after the
1628	1628	information is used for the purposes authorized by this section.
1629	1629	(e) [(d)] This section does not prohibit the Health and Human
1630	1630	Services Commission from obtaining and using criminal history
1631	1631	record information as provided by other law.
1632	1632	(f) [(e)] In this section, "ward" has the meaning assigned by
1633	1633	Section 1002.030, Estates Code.
1634	1634	(g) [(f)] Notwithstanding Subsection (d) [(c)], the Health
1635	1635	and Human Services Commission shall destroy information obtained
1636	1636	under Subsection (a)(3) or (4) after the information is used for the
1637	1637	purposes authorized by this section.
1638	1638	SECTION 13. Sec. 411.1387. ACCESS TO CRIMINAL HISTORY RECORD
1639	1639	INFORMATION: FACILITY, REGULATORY AGENCY, OR PRIVATE AGENCY. (a) In
1640	1640	this section, "facility," "regulatory agency," and "private
1641	1641	agency" have the meanings assigned by Section 250.001, Health and
1642	1642	Safety Code.
1643	1643	(b) A regulatory agency is entitled to obtain from the
1644	1644	department as provided by Subsection (c) criminal history record
1645	1645	information maintained by the department that relates to a person
1646	1646	who is:
1647	1647	(1) an applicant for employment at or an employee
1648	1648	of a facility other than a facility licensed under Chapter
1649	1649	142, Health and Safety Code; or
1650	1650	(2) an applicant for employment at or an employee
1651	1651	of a facility licensed under Chapter 142, Health and Safety
1652	1652	Code, if the duties of employment involve direct contact with
1653	1653	a consumer in the facility.
1654	1654	(c) Subject to Section 411.087 and consistent with the public
1655	1655	policy of this state, a regulatory agency is entitled to:
1656	1656	(1) obtain through the Federal Bureau of Investigation
1657	1657	criminal history record information maintained or indexed by that
1658	1658	bureau that pertains to a person described by Subsection (a) and who
1659	1659	is required to be fingerprinted; and
1660	1660	(2) obtain from any other criminal justice agency in
1661	1661	this state criminal history record information maintained by that
1662	1662	criminal justice agency that relates to a person described by
1663	1663	Subsection (a).
1664	1664	(d) [(b-1)] A facility or a private agency on behalf of a
1665	1665	facility is entitled to obtain from the department as provided by
1666	1666	Subsection (e) criminal history record information maintained by
1667	1667	the department that relates to a person who is:
1668	1668	(1) an applicant for employment with, an employee of, or
1669	1669	a volunteer with the facility;
1670	1670	(2) an applicant for employment with or an employee of a
1671	1671	person or business that contracts with the facility; or
1672	1672	(3) a student enrolled in an educational program or
1673	1673	course of study who is at the facility for educational purposes.
1674	1674	(e) Subject to Section 411.087 and consistent with the public
1675	1675	policy of this state, a facility or a private agency on behalf of a
1676	1676	facility is entitled to:
1677	1677	(1) obtain through the Federal Bureau of Investigation
1678	1678	criminal history record information maintained or indexed by that
1679	1679	bureau that pertains to a person described by Subsection (a) and who
1680	1680	is required to be fingerprinted; and
1681	1681	(2) obtain from any other criminal justice agency in
1682	1682	this state criminal history record information maintained by that
1683	1683	criminal justice agency that relates to a person described by
1684	1684	Subsection (a).
1685	1685	(f) [(c)] A facility may:
1686	1686	(1) obtain directly from the department criminal history
1687	1687	record information on a person described by Subsection (d) [(b-1)];
1688	1688	or
1689	1689	(2) authorize a private agency to obtain that information
1690	1690	from the department.
1691	1691	(g) [(d)] A private agency obtaining criminal history record
1692	1692	information on behalf of a facility under Subsection (c) shall
1693	1693	forward the information received to the facility requesting the
1694	1694	information.
1695	1695	(h) [(e)] Criminal history record information obtained by a
1696	1696	facility or regulatory agency under Subsections (c)(1) and (e)(1)
1697	1697	may not be released or disclosed to any other person or entity,
1698	1698	public or private. Criminal history record information obtained by
1699	1699	a facility, regulatory agency, or private agency on behalf of a
1700	1700	facility under Subsections (c)(2) and (e)(2) [(b) or (b-1)] may not
1701	1701	be released or disclosed to any person or agency except on court
1702	1702	order or with the consent of the person who is the subject of the
1703	1703	information.
1704	1704	(i) Criminal history record information obtained by a
1705	1705	facility, regulatory agency, or private agency on behalf of a
1706	1706	facility under this section shall be destroyed after the
1707	1707	information is used for its authorized purpose.
1708	1708	(j) This section does not prohibit a facility, regulatory
1709	1709	agency, or private agency on behalf of a facility from obtaining and
1710	1710	using criminal history record information as provided by other law.
1711	1711	SECTION 15.14. To the extent of any conflict, this Act
1712	1712	prevails over another Act of the 86th Legislature, Regular Session,
1713	1713	2019, relating to nonsubstantive additions to and corrections in
1714	1714	enacted codes.
1715	1715	ARTICLE 16. TEXAS BOARD OF NURSING
1716	1716	Sec. 411.125. ACCESS TO CRIMINAL HISTORY RECORD
1717	1717	INFORMATION: TEXAS BOARD OF NURSING. The Texas Board of Nursing is
1718	1718	entitled to obtain from the department criminal history record
1719	1719	information maintained by the department that relates to a person
1720	1720	who:
1721	1721	(1) is an applicant for vocational, registered, or
1722	1722	advanced practice registered nurse licensure, or the holder of a
1723	1723	license issued by the board;
1724	1724	(2) has requested a determination of eligibility for a
1725	1725	license from the board; [or]
1726	1726	(3) is accepted for enrollment in a nursing educational
1727	1727	program that prepares the person for licensure as a vocational,
1728	1728	registered, or advanced practice registered nurse; or
1729	1729	(4) [(3)] is subject to investigation by the board in
1730	1730	connection with a complaint or formal charge against the person.
1731	1731	(b) Texas criminal history record information obtained by
1732	1732	the Texas Board of Nursing under Subsection (a) may not be released
1733	1733	or disclosed to any person except:
1734	1734	(1) as required under a court order;
1735	1735	(2) to a nursing board that is a member of the nurse
1736	1736	licensure compact under the Occupations Code Chapter 304;
1737	1737	(3) with the written consent of the person or entity
1738	1738	that is the subject of the criminal history record information; or
1739	1739	(4) as provided by Subsection (d).
1740	1740	(c) Criminal history record information obtained by the Texas
1741	1741	Board of Nursing shall be destroyed by the agency after a final
1742	1742	determination is made and all appeals are concluded in the matter
1743	1743	for which the information was obtained.
1744	1744	(d) The Texas Board of Nursing is not prohibited from
1745	1745	disclosing Texas criminal history record information obtained
1746	1746	under Subsection (a) in a criminal proceeding, a contested case
1747	1747	proceeding conducted by the State Office of Administrative
1748	1748	Hearings, or as part of an appeal of a contested case proceeding.
1749	1749	(e) In addition to the information to which the board is
1750	1750	entitled under Section 411.125 and this section, the board may
1751	1751	request and receive criminal history record information from the
1752	1752	Federal Bureau of Investigation in accordance with Section 411.087.
1753	1753	(f) Criminal history record information obtained by the
1754	1754	Federal Bureau of Investigation shall not be disseminated.
1755	1755	Sec. 301.2511. CRIMINAL HISTORY RECORD INFORMATION FOR
1756	1756	LICENSE APPLICANTS.
1757	1757	(a) An applicant for a vocational, registered, or advanced
1758	1758	practice registered nurse license must submit to the board, in
1759	1759	addition to satisfying the other requirements of this subchapter, a
1760	1760	complete and legible set of fingerprints, on a form prescribed by
1761	1761	the board, for the purpose of obtaining criminal history record
1762	1762	information from the Department of Public Safety and the Federal
1763	1763	Bureau of Investigation.
1764	1764	(b) The board may deny a license to an applicant who does not
1765	1765	comply with the requirement of Subsection (a). Issuance of a
1766	1766	license by the board is conditioned on the board obtaining the
1767	1767	applicant's criminal history record information under this
1768	1768	section.
1769	1769	(c) The board by rule shall develop a system for obtaining
1770	1770	criminal history record information for a person accepted for
1771	1771	enrollment in a nursing educational program that prepares the
1772	1772	person for [initial] licenas a vocational, registered, or advanced
1773	1773	practice registered [or vocational] nurse by requiring the person
1774	1774	to submit to the board a set of fingerprints that meets the
1775	1775	requirements of Subsection (a). The board may develop a similar
1776	1776	system for an applicant for enrollment in a nursing educational
1777	1777	program. The board may require payment of a fee by a person who is
1778	1778	required to submit a set of fingerprints under this subsection.
1779	1779	ARTICLE 17. TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS
1780	1780	Sec. 411.0995. ACCESS TO CRIMINAL HISTORY RECORD
1781	1781	INFORMATION: STATETEXAS BOARD OF VETERINARY MEDICAL EXAMINERS.
1782	1782	(a) The StateTexas Board of Veterinary Medical Examiners is
1783	1783	entitled to obtain from the department criminal history record
1784	1784	information maintained by the department that relates to a person
1785	1785	who is:
1786	1786	(1) an applicant for a license or certificate under the
1787	1787	Veterinary Licensing Act, Chapter 801 of the Texas Occupations
1788	1788	Code; or
1789	1789	(2) the holder of a license or certificate under that
1790	1790	chapterAct;
1791	1791	(3) an applicant for employment after that applicant is
1792	1792	employed or, for an applicant who is not employed, after the check
1793	1793	of the criminal history record information on that applicant is
1794	1794	completed; or
1795	1795	(4) an employee or contractor after the check of the
1796	1796	criminal history record information on that employee or contractor
1797	1797	is completed.
1798	1798	(b) Texas criminal history record information obtained by
1799	1799	the StateTexas Board of Veterinary of Medical Examiners under
1800	1800	Subsection (a) may not be released or disclosed to any person except
1801	1801	on court order, with the written consent of the person or entity
1802	1802	that is the subject of the criminal history record information, or
1803	1803	as provided by Subsection (e).
1804	1804	(c) After an individual is licensed or certified, the Texas
1805	1805	Board of Veterinary Medical Examiners, shall destroy the criminal
1806	1806	history record information that relates to that individual. The
1807	1807	Texas Board of Veterinary Medical Examiners shall destroy the
1808	1808	criminal history record information that relates to:
1809	1809	(d) The Texas Board of Veterinary Medical Examiners shall
1810	1810	destroy criminal history record information that relates to an
1811	1811	applicant who is not certified or employed, as applicable.
1812	1812	(e) The Texas Board of Veterinary Medical Examiners is not
1813	1813	prohibited from disclosing Texas criminal history record
1814	1814	information obtained under Subsection (a) in a criminal proceeding
1815	1815	or in a hearing conducted by the Texas Board of Veterinary Medical
1816	1816	Examiners.
1817	1817	(g) In accordance with Section 411.087 the Texas Board of
1818	1818	Veterinary Medical Examiners may obtain criminal history record
1819	1819	information from the Federal Bureau of Investigation
1820	1820	identification division.
1821	1821	(h) Criminal history record information obtained by the
1822	1822	Federal Bureau of Investigation shall not be disseminated.
1823	1823	ARTICLE 18. TEXAS DEPARTMENT OF INSURANCE
1824	1824	SECTION 18.01. Section 411.106, Government Code, is amended
1825	1825	to read as follows:
1826	1826	Sec. 411.106. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
1827	1827	TEXAS DEPARTMENT OF INSURANCE. (a) The Texas Department of
1828	1828	Insurance [for good cause shown] is entitled to obtain from the
1829	1829	department criminal history record information maintained by the
1830	1830	department that relates to a person who is:
1831	1831	(1) an applicant for a license, permit, certificate of
1832	1832	authority, certificate of registration, or other authorization
1833	1833	issued by the Texas Department [State Board] of Insurance to engage
1834	1834	in an activity regulated under the Insurance Code; or
1835	1835	(2) a corporate officer or director of an
1836	1836	insurance company regulated by the Texas Department of Insurance.
1837	1837	(b) Texas Ccriminal history record information obtained by
1838	1838	the Texas Department of Insurance under Subsection (a) may not be
1839	1839	disclosed or released to any person except on court order, [or] with
1840	1840	the written consent of the person who is the subject of the criminal
1841	1841	history record information, or as provided by Subsection(d).
1842	1842	(c) After the Texas Department of Insurance makes a
1843	1843	determination as to the issuance of a license or certificate of
1844	1844	authority to an applicant or as otherwise authorized by statute,
1845	1845	the Texas Department of Insurance shall destroy [seal] the criminal
1846	1846	history record information in its possession regarding the
1847	1847	applicant and shall deliver the information to the commissioner of
1848	1848	insurance or the commissioner’s designee, who shall maintain the
1849	1849	information as provided by State Board of Insurance rule.
1850	1850	(d) The Texas Department of Insurance is not prohibited from
1851	1851	disclosing Texas criminal history record information obtained
1852	1852	under Subsection (a) in a criminal proceeding or in a hearing
1853	1853	conducted by the Texas Department of Insurance.
1854	1854	(e) In accordance with Section 411.087, the Texas Department
1855	1855	of Insurance may obtain criminal history record information from
1856	1856	the Federal Bureau of Investigation identification division.
1857	1857	(f) The Texas Department of Insurance mayshall not
1858	1858	disseminate criminal history record information obtained from the
1859	1859	Federal Bureau of Investigation.
1860	1860	SECTION 17.02. Section 411.107, Government Code, is amended
1861	1861	to read as follows:
1862	1862	Sec. 411.107. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
1863	1863	RECEIVER. (a) In this section, “receiver” has the meaning assigned
1864	1864	by Section 443.004Article 21.280, Insurance Code.
1865	1865	(b) A receiver is entitled to obtain from the department
1866	1866	criminal history record information maintained by the department
1867	1867	that relates to a person who:
1868	1868	(1) is a creditor or claimant of the receivership
1869	1869	estate; or
1870	1870	(2) the receivership estate has a claim against [the
1871	1871	receiver believes is necessary for the investigation of any
1872	1872	matter relating to a receivership estate].
1873	1873	(c) Texas criminal history record information obtained
1874	1874	by a receiver under Subsection (b) may not be released or disclosed
1875	1875	to any person except on court order or with the written consent of
1876	1876	the person who is the subject of the criminal history record
1877	1877	information.
1878	1878	(d) A receiver shallmay destroy criminal history
1879	1879	record information obtained by the receiver under Subsection (b)
1880	1880	before termination of the receivership and the receiver’s discharge
1881	1881	[after the purpose for which the information was obtained is
1882	1882	accomplished].
1883	1883	(e) In accordance with Section 411.087, the receiver may
1884	1884	obtain criminal history record information from the Federal Bureau
1885	1885	of Investigation identification division.
1886	1886	(f) The receiver may not disseminate criminal history record
1887	1887	information obtained from the Federal Bureau of Investigation.
1888	1888	SECTION 18.03. Subchapter F, Chapter 411, Government Code,
1889	1889	is amended by adding Section 411.### to read as follows:
1890	1890	Sec. 411.###. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
1891	1891	STATE FIRE MARSHAL. (a) The state fire marshal is entitled to obtain
1892	1892	from the department criminal history record information maintained
1893	1893	by the department that relates to a person who is an applicant for a
1894	1894	license or other authorization issued by the state fire marshal to
1895	1895	engage in an activity regulated under the Insurance Code or the
1896	1896	Occupations Code.
1897	1897	(b) Texas criminal history record information obtained by
1898	1898	the state fire marshal under Subsection (a) may not be disclosed or
1899	1899	released to any person except on court order, with the written
1900	1900	consent of the person who is the subject of the criminal history
1901	1901	record information, or as provided by Subsection(d).
1902	1902	(c) After the state fire marshal makes a determination as to
1903	1903	the issuance of a license or other authorization to an applicant as
1904	1904	provided by statute, the state fire marshal shall destroy the
1905	1905	criminal history record information in its possession regarding the
1906	1906	applicant.
1907	1907	(d) The state fire marshal is not prohibited from disclosing
1908	1908	criminal history record information obtained under Subsection (a)
1909	1909	in a criminal proceeding or in a hearing conducted by the state fire
1910	1910	marshal.
1911	1911	(e) In accordance with Section 411.087, the state fire
1912	1912	marshal may obtain criminal history record information from the
1913	1913	Federal Bureau of Investigation identification division.
1914	1914	(f) The state fire marshal may shall not disseminate criminal
1915	1915	history record information obtained from the Federal Bureau of
1916	1916	Investigation.
1917	1917	ARTICLE 19. TEXAS FUNERAL SERVICE COMMISSION
1918	1918	Sec. 411.###. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
1919	1919	Texas Funeral Service Commission. (a) The Texas Funeral Service
1920	1920	Commission is entitled to obtain from the department criminal
1921	1921	history record information maintained by the department that
1922	1922	relates to:
1923	1923	(1) a person who is:
1924	1924	(A) an applicant for a license or certificate
1925	1925	under Sections 651.259(e) and 651.302(d), Occupations Code;
1926	1926	(B) the holder of a license or certificate under
1927	1927	that Act;
1928	1928	(2) an applicant for a license or a license holder
1929	1929	under Chapter 651, Occupations Code;
1930	1930	Sec. 411.###. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
1931	1931	TEXAS FUNERAL SERVICE COMMISSION. (a) Texas Funeral Service
1932	1932	Commission is entitled to obtain from the department criminal
1933	1933	history record information maintained by the department that
1934	1934	relates to:
1935	1935	(1) a person who is:
1936	1936	(A) an applicant for a license or certificate
1937	1937	under the Occupations Code, Subtitle L. Crematory Services, Funeral
1938	1938	Directing, And Embalming (Chapter 651, Crematory Services, Funeral
1939	1939	Directing, And Embalming);
1940	1940	(B) the holder of a license or certificate under
1941	1941	that Act;
1942	1942	(2) an applicant for a license or a license holder
1943	1943	under Subchapter D, Subchapter F, Subchapter G, Subchapter H,
1944	1944	Subchapter I, Subchapter J, Subchapter K, and Subchapter N, Chapter
1945	1945	651, Occupations Code;
1946	1946	(3) an applicant for employment at or current employee
1947	1947	of:
1948	1948	(A) the Texas Funeral Service Commission
1949	1949	(4) a person authorized to access vital records or the
1950	1950	vital records electronic registration system under Chapter 191,
1951	1951	Health and Safety Code, or a funeral director.
1952	1952	(b) Criminal history record information obtained by the
1953	1953	Texas Funeral Service Commission under Subsection (a) may not be
1954	1954	released or disclosed to any person except on court order, with the
1955	1955	written consent of the person or entity that is the subject of the
1956	1956	criminal history record information, or as provided by Subsection
1957	1957	(e).
1958	1958	(c) After an entity is licensed or certified, the Texas
1959	1959	Funeral Service Commission shall destroy the criminal history
1960	1960	record information that relates to that entity. The Texas Funeral
1961	1961	Service Commission shall destroy the criminal history record
1962	1962	information that relates to:
1963	1963	(1) an applicant for employment after that applicant is
1964	1964	employed or, for an applicant who is not employed, after the check
1965	1965	of the criminal history record information on that applicant is
1966	1966	completed; or
1967	1967	(2) an employee or contractor after the check of the
1968	1968	criminal history record information on that employee or contractor
1969	1969	is completed.
1970	1970	(d) The Texas Funeral Service Commission shall destroy
1971	1971	criminal history record information that relates to an applicant
1972	1972	who is not certified or employed, as applicable.
1973	1973	(e) The Texas Funeral Service Commission is not prohibited
1974	1974	from disclosing criminal history record information obtained under
1975	1975	Subsection (a) in a criminal proceeding or in a hearing conducted by
1976	1976	the Texas Funeral Service Commission.
1977	1977	(f) The Texas Funeral Service Commission may not consider
1978	1978	offenses described by Section 542.304, Transportation Code, to
1979	1979	determine whether to hire or retain an employee or to contract with
1980	1980	a person on whom criminal history record information is obtained
1981	1981	under this section.
1982	1982	(g) Texas criminal history record information obtained by the
1983	1983	Texas Funeral Service Commission under Subsection (a) may not be
1984	1984	released or disclosed to any person except on court order, with the
1985	1985	written consent of the person or entity that is the subject of the
1986	1986	criminal history record information, or as provided by Subsection
1987	1987	(e).
1988	1988	(h) After an entity is licensed or certified, the Texas
1989	1989	Funeral Service Commission, shall destroy the criminal history
1990	1990	record information that relates to that entity. The Texas Funeral
1991	1991	Service Commission shall destroy the criminal history record
1992	1992	information that relates to:
1993	1993	(1) an applicant for employment after that applicant is
1994	1994	employed or, for an applicant who is not employed, after the check
1995	1995	of the criminal history record information on that applicant is
1996	1996	completed; or
1997	1997	(2) an employee or contractor after the check of the
1998	1998	criminal history record information on that employee or contractor
1999	1999	is completed.
2000	2000	(i) The Texas Funeral Service Commission shall destroy
2001	2001	criminal history record information that relates to an applicant
2002	2002	who is not certified or employed, as applicable.
2003	2003	(j) The Texas Funeral Service Commission is not prohibited
2004	2004	from disclosing criminal history record information obtained under
2005	2005	Subsection (a) in a criminal proceeding or in a hearing conducted by
2006	2006	the Texas Funeral Service Commission.
2007	2007	(k) In accordance with Section 411.087, the Texas Funeral
2008	2008	Service Commission shall obtain criminal history record
2009	2009	information from the Federal Bureau of Investigation
2010	2010	identification division.
2011	2011	(l) Criminal history record information obtained by the
2012	2012	Federal Bureau of Investigation shall not be disseminated.
2013	2013	ARTICLE 20. STATE BOARD FOR EDUCATOR CERTIFICATION AND TEXAS
2014	2014	EDUCATION AGENCY
2015	2015	Sec. 411.090. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
2016	2016	STATE BOARD FOR EDUCATOR CERTIFICATION. (a) The State Board for
2017	2017	Educator Certification is entitled to obtain from the department
2018	2018	any criminal history record information maintained by the
2019	2019	department about a person who has applied to the board for, or who
2020	2020	currently holds, a certificate under Subchapter B, Chapter 21,
2021	2021	Education Code.
2022	2022	(b) Texas criminal history record information obtained by the
2023	2023	board in the original form or any subsequent form:
2024	2024	(1) may be used only for a purpose related to the
2025	2025	issuance, denial, reprimand, suspension, revocation, or
2026	2026	cancellation of a certificate issued by the board;
2027	2027	(2) may not be released to any person except:
2028	2028	(A) the person who is the subject of the
2029	2029	information;
2030	2030	(B) the Texas Education Agency;
2031	2031	(C) a local or regional educational entity as
2032	2032	provided by Section 411.097; or
2033	2033	(D) by court order;
2034	2034	(3) is not subject to disclosure as provided by Chapter
2035	2035	552; and
2036	2036	(4) shall be destroyed by the board after the
2037	2037	information is used for the authorized purposes.
2038	2038	(c) The department shall notify the State Board for Educator
2039	2039	Certification of the arrest of any educator, as defined by Section
2040	2040	5.001, Education Code, who has fingerprints on file with the
2041	2041	department. Any record of the notification and any information
2042	2042	contained in the notification is not subject to disclosure as
2043	2043	provided by Chapter 552.
2044	2044	(d) The State Board for Educator Certification is not
2045	2045	prohibited from disclosing Texas criminal history record
2046	2046	information obtained under Subsection (a) in a criminal proceeding
2047	2047	or in a hearing conducted by the Texas Education Agency or State
2048	2048	Board for Educator Certification.
2049	2049	(e) In accordance with Section 411.087 the State Board for
2050	2050	Educator Certification shall obtain criminal history record
2051	2051	information from the Federal Bureau of Investigation
2052	2052	identification division.
2053	2053	(f) Criminal history record information obtained by the
2054	2054	Federal Bureau of Investigation shall not be disseminated.
2055	2055	Sec. 411.0901. ACCESS TO CRIMINAL HISTORY RECORD
2056	2056	INFORMATION: TEXAS EDUCATION AGENCY. (a) The Texas Education
2057	2057	Agency is entitled to obtain criminal history record information
2058	2058	maintained by the department about a person who:
2059	2059	(1) is employed or is an applicant for employment by
2060	2060	the Texas Education Agency; or
2061	2061	(2[1]) is employed or is an applicant for employment by
2062	2062	a school district or open-enrollment charter school;
2063	2063	(3) is subject to placement on the Registry of Persons
2064	2064	Not Eligible for Employment in Public Schools under Section 22.092,
2065	2065	Subchapter C-1, Chapter 22, Texas Education Code;
2066	2066	(4 [2]) is employed or is an applicant for employment
2067	2067	by a shared services arrangement, if the employee's or applicant's
2068	2068	duties are or will be performed on school property or at another
2069	2069	location where students are regularly present; or
2070	2070	(5 [3]) is employed or is an applicant for employment
2071	2071	by an entity that contracts or subcontracts with a school district,
2072	2072	open-enrollment charter school, or shared services arrangement, if
2073	2073	the applicant or employee has or will have continuing duties
2074	2074	related to the contracted or subcontracted services, and has or
2075	2075	will have direct contact with students; orif
2076	2076	(6) provides services as a tutor on behalf of a service
2077	2077	provider that offers accelerated or supplemental instruction under
2078	2078	Section 28.0211, Education Code if the tutor has or will have
2079	2079	continuing duties related to the services provided and has or will
2080	2080	have direct contact with students.
2081	2081	(A) the employee or applicant person has or will
2082	2082	have continuing duties relating to the contracted services
2083	2083	provided; and
2084	2084	(B) the employee or applicant person has or will
2085	2085	have direct contact with students.
2086	2086	(b) Texas criminal history record information obtained by
2087	2087	the agency in the original form or any subsequent form:
2088	2088	(1) may be used only for a purpose authorized by the
2089	2089	Education Code;
2090	2090	(2) may not be released to any person except:
2091	2091	(A) the person who is the subject of the
2092	2092	information;
2093	2093	(B) the State Board for Educator Certification;
2094	2094	(C) a local or regional educational entity as
2095	2095	provided by Section 411.097; or
2096	2096	(D) by court order;
2097	2097	(3) is not subject to disclosure as provided by Chapter
2098	2098	552; and
2099	2099	(4) shall be destroyed by the agency after the
2100	2100	information is used for the authorized purposes.
2101	2101	(c) The Texas Education Agency is not prohibited from
2102	2102	disclosing Texas criminal history record information obtained
2103	2103	under Subsection (a) in a criminal proceeding or in a hearing
2104	2104	conducted by the Texas Education Agency or State Board for Educator
2105	2105	Certification.
2106	2106	(d) In accordance with Section 411.087, the Texas Education
2107	2107	Agency shall obtain criminal history record information from the
2108	2108	Federal Bureau of Investigation identification division.
2109	2109	(e) Criminal history record information obtained by the
2110	2110	Federal Bureau of Investigation shall not be disseminated.
2111	2111	Sec. 411.097. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
2112	2112	LOCAL AND REGIONAL EDUCATIONAL ENTITIES. (a) A school district,
2113	2113	charter school, private school, regional education service center,
2114	2114	commercial transportation company, or education shared services
2115	2115	arrangement is entitled to obtain from the department criminal
2116	2116	history record information maintained by the department that the
2117	2117	district, school, service center, shared services arrangement, or
2118	2118	entity is required or authorized to obtain under Subchapter C,
2119	2119	Chapter 22, Education Code, that relates to a person who is:
2120	2120	(1) an applicant for employment by the district,
2121	2121	school, service center, or shared services arrangement;
2122	2122	(2) an employee of or an applicant for employment with
2123	2123	a public or commercial transportation company that contracts with
2124	2124	the district, school, service center, or shared services
2125	2125	arrangement to provide transportation services if the employee
2126	2126	drives or the applicant will drive a bus in which students are
2127	2127	transported or is employed or is seeking employment as a bus monitor
2128	2128	or bus aide on a bus in which students are transported; or
2129	2129	(3) an employee of or applicant for employment by an
2130	2130	entity that contracts to provide services to a school district,
2131	2131	charter school, or shared services arrangement as provided by
2132	2132	Section 22.0834or 22.08341, Education Code.; or
2133	2133	(4) an employee of or applicant for employment by a
2134	2134	subcontractor of an entity that contracts to provide services to a
2135	2135	school district, charter school, or shared services arrangement as
2136	2136	provided by Section 22.0834 or 22.08341, Education Code; or
2137	2137	(5) a tutor who provides services on behalf of a service
2138	2138	provider that offers accelerated or supplemental instruction under
2139	2139	Section 28.0211, Education Code.
2140	2140	(b) A school district, charter school, private school,
2141	2141	regional education service center, or education shared services
2142	2142	arrangement is entitled to obtain from the department criminal
2143	2143	history record information maintained by the department that the
2144	2144	district, school, service center, or shared services arrangement is
2145	2145	required or authorized to obtain under Subchapter C, Chapter 22,
2146	2146	Education Code, that relates to a person who is a volunteer, student
2147	2147	teacher, or employee of the district, school, service center, or
2148	2148	shared services arrangement.
2149	2149	(c) An open-enrollment charter school is entitled to obtain
2150	2150	from the department criminal history record information maintained
2151	2151	by the department that relates to a person who:
2152	2152	(1) is a member of the governing body of the school, as
2153	2153	defined by Section 12.1012, Education Code; or
2154	2154	(2) has agreed to serve as a member of the governing
2155	2155	body of the school.
2156	2156	(d) Texas criminal history record information obtained by a
2157	2157	school district, charter school, private school, service center,
2158	2158	commercial transportation company, or shared services arrangement
2159	2159	in the original form or any subsequent form:
2160	2160	(1) may not be released to any person except:
2161	2161	(A) the individual who is the subject of the
2162	2162	information;
2163	2163	(B) the Texas Education Agency;
2164	2164	(C) the State Board for Educator Certification;
2165	2165	(D) the chief personnel officer of the
2166	2166	transportation company, if the information is obtained under
2167	2167	Subsection (a)(2); or
2168	2168	(E) by court order;
2169	2169	(2) is not subject to disclosure as provided by Chapter
2170	2170	552; and
2171	2171	(3) shall be destroyed by the school district, charter
2172	2172	school, private school, service center, commercial transportation
2173	2173	company, or shared services arrangement on the earlier of:
2174	2174	(A) the first anniversary of the date the
2175	2175	information was originally obtained; or
2176	2176	(B) the date the information is used for the
2177	2177	authorized purpose.
2178	2178	(e) If a regional education service center or
2179	2179	commercial transportation company that receives criminal history
2180	2180	record information from the department under this section requests
2181	2181	the information by providing to the department a list, including
2182	2182	the name, date of birth, and any other personal descriptive
2183	2183	information required by the department for each person, through
2184	2184	electronic means, magnetic tape, or disk, as specified by the
2185	2185	department, the department may not charge the service center or
2186	2186	commercial transportation company more than the lesser of:
2187	2187	(1) the department's cost for providing the
2188	2188	information; or
2189	2189	(2) the amount prescribed by another law.
2190	2190	(f) An employee of a school district, charter school,
2191	2191	private school, regional education service center, commercial
2192	2192	transportation company, or education shared services arrangement
2193	2193	or an entity that contracts to provide services to a school
2194	2194	district, charter school, or shared services arrangement may
2195	2195	request from the employer a copy of any criminal history record
2196	2196	information relating to that employee that the employer has
2197	2197	obtained as provided by Subchapter C, Chapter 22, Education Code.
2198	2198	The employer may charge a fee to an employee requesting a copy of
2199	2199	the information in an amount not to exceed the actual cost of
2200	2200	copying the requested criminal history record information.
2201	2201	(g) A school district, charter school, private school,
2202	2202	regional education service center, commercial transportation
2203	2203	company, or education shared services arrangement is not prohibited
2204	2204	from disclosing Texas criminal history record information obtained
2205	2205	under Subsection (a) in a criminal proceeding or in a hearing
2206	2206	conducted by the Texas Education Agency or State Board for Educator
2207	2207	Certification.
2208	2208	(h) In accordance with Section 411.087 a school district,
2209	2209	charter school, regional education service center, commercial
2210	2210	transportation company, or education shared services arrangement
2211	2211	shall obtain criminal history record information from the Federal
2212	2212	Bureau of Investigation identification division.
2213	2213	(i) Criminal history record information obtained by the
2214	2214	Federal Bureau of Investigation shall not be disseminated.
2215	2215	411.XXXX ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
2216	2216	QUALIFIED SCHOOL CONTRACTORS
2217	2217	(a) In this section:
2218	2218	(1) "Qualified school contractor" is an entity that
2219	2219	(A) contracts or subcontracts to provide services
2220	2220	to a school district, charter school, or shared services
2221	2221	arrangement; and
2222	2222	(B) is determined eligible authorized by the
2223	2223	department to obtain criminal history pursuant to the National
2224	2224	Child Protection Act for an employee, applicant for employment, or
2225	2225	volunteer of the qualified school contractor.
2226	2226	(b) Texas Criminal history record information obtained by a
2227	2227	qualified school contractor in the original form or any subsequent
2228	2228	form:
2229	2229	(1) may not be released to any person except:
2230	2230	(A) to the individual who is the subject of the
2231	2231	information;
2232	2232	(B) or by court order;
2233	2233	(2) is not subject to disclosure as provided by Chapter
2234	2234	552; and
2235	2235	(3) shall be destroyed by qualified school contractor
2236	2236	on the earlier of:
2237	2237	(A) the first anniversary of the date the
2238	2238	information was originally obtained; or
2239	2239	(B) the date the information is used for the
2240	2240	authorized purpose.
2241	2241	(c) Criminal history record information obtained by the
2242	2242	Federal Bureau of Investigation shall not be disseminated.
2243	2243	(d) A qualified school contractor may provide a fitness
2244	2244	determination based on criminal history obtained under this section
2245	2245	to a school district, charter school, or shared services
2246	2246	arrangement.
2247	2247	(e) The department in coordination with the Commissioner of
2248	2248	Education may adopt rules necessary to implement this section.
2249	2249	Sec. 411.1405. ACCESS TO CRIMINAL HISTORY RECORD
2250	2250	INFORMATION: STATE AGENCIES; INFORMATION TECHNOLOGY EMPLOYEES.
2251	2251	(a) In this section:
2252	2252	(1) "Information resources" and "information resources
2253	2253	technologies" have the meanings assigned by Section 2054.003.
2254	2254	(2) "State agency" means a department, commission,
2255	2255	board, office, council, authority, or other agency in the
2256	2256	executive, legislative, or judicial branch of state government that
2257	2257	is created by the constitution or a statute of this state, including
2258	2258	a university system or institution of higher education as defined
2259	2259	by Section 61.003, Education Code.
2260	2260	(b) To the extent consistent with Subsection (e), a state
2261	2261	agency is entitled to obtain from the department the criminal
2262	2262	history record information maintained by the department that
2263	2263	relates to a person who:
2264	2264	(1) is an employee, applicant for employment,
2265	2265	contractor, subcontractor, or intern or other volunteer with the
2266	2266	state agency or with a contractor or subcontractor for the state
2267	2267	agency; and
2268	2268	(2) has access to information resources or information
2269	2269	resources technologies, other than a desktop computer or telephone
2270	2270	station assigned to that person.
2271	2271	(c) A state agency that obtains Texas criminal history
2272	2272	record information under this section may not release or disclose
2273	2273	the information or any documents or other records derived from the
2274	2274	information except:
2275	2275	(1) by court order;
2276	2276	(2) with the consent of the person who is the subject of
2277	2277	the information; or
2278	2278	(3) to the affected contractor or subcontractor,
2279	2279	unless the information was obtained by the department from the
2280	2280	Federal Bureau of Investigation.
2281	2281	(d) A state agency and the affected contractor or
2282	2282	subcontractor shall destroy criminal history record information
2283	2283	obtained under this section that relates to a person after the
2284	2284	information is used to make an employment decision or to take a
2285	2285	personnel action relating to the person who is the subject of the
2286	2286	information.
2287	2287	(e) A state agency may not obtain criminal history record
2288	2288	information under this section unless the state agency first adopts
2289	2289	policies and procedures that provide that evidence of a criminal
2290	2290	conviction or other relevant information obtained from the criminal
2291	2291	history record information does not automatically disqualify an
2292	2292	individual from employment. The attorney general shall review the
2293	2293	policies and procedures for compliance with due process and other
2294	2294	legal requirements before adoption by the state agency. The
2295	2295	attorney general may charge the state agency a fee to cover the cost
2296	2296	of the review. The policies and procedures adopted under this
2297	2297	subsection must provide that the hiring official will determine, on
2298	2298	a case-by-case basis, whether the individual is qualified for
2299	2299	employment based on factors that include:
2300	2300	(1) the specific duties of the position;
2301	2301	(2) the number of offenses committed by the individual;
2302	2302	(3) the nature and seriousness of each offense;
2303	2303	(4) the length of time between the offense and the
2304	2304	employment decision;
2305	2305	(5) the efforts by the individual at rehabilitation;
2306	2306	and
2307	2307	(6) the accuracy of the information on the individual's
2308	2308	employment application.
2309	2309	(f) A criminal history record information provision in
2310	2310	another law that is more specific to a state agency, including
2311	2311	Section 411.089, prevails over this section to the extent of any
2312	2312	conflict.
2313	2313	(g) A state agency is not prohibited from disclosing Texas
2314	2314	criminal history record information obtained under Subsection (a)
2315	2315	in a criminal proceeding.
2316	2316	(h) In accordance with Section 411.087, a state agency shall
2317	2317	obtain criminal history record information from the Federal Bureau
2318	2318	of Investigation identification division.
2319	2319	(i) Criminal history record information obtained by the
2320	2320	Federal Bureau of Investigation shall not be disseminated.
2321	2321	Sec. 22.0834. CRIMINAL HISTORY RECORD INFORMATION REVIEW OF
2322	2322	CERTAIN CONTRACT EMPLOYEES. (a) Except as provided by Subsection
2323	2323	(a-1), this subsection applies to a person who is not an applicant
2324	2324	for or holder of a certificate under Subchapter B, Chapter 21, and
2325	2325	who on or after January 1, 2008, is offered employment by an entity
2326	2326	or a subcontractor of an entity that contracts with a school
2327	2327	district, open-enrollment charter school, or shared services
2328	2328	arrangement to provide services, if:
2329	2329	(1) the employee or applicant has or will have
2330	2330	continuing duties related to the contracted services; and
2331	2331	(2) the employee or applicant has or will have direct
2332	2332	contact with students.
2333	2333	(a-1) This section does not apply to an employee or
2334	2334	applicant of a public works contractor if: contracting entity,
2335	2335	subcontracting entity, or other person subject to Section 22.08341.
2336	2336	(1) the public work does not involve the
2337	2337	construction, alteration, or repair of an instructional facility as
2338	2338	defined in 46.001;
2339	2339	(2) for public work that involves
2340	2340	construction of a new instructional facility, the person's duties
2341	2341	related to the contracted services will be completed not later than
2342	2342	the seventh day before the first date the facility will be used for
2343	2343	instructional purposes; or
2344	2344	(3) for a public work that involves an
2345	2345	existing instructional facility:
2346	2346	(A) the public work area contains
2347	2347	sanitary facilities and is separated from all areas used by
2348	2348	students by a secure barrier fence that is not less than six feet in
2349	2349	height; and
2350	2350	(B) the contracting entity adopts a
2351	2351	policy prohibiting employees, including subcontracting entity
2352	2352	employees, from interacting with students or entering areas used by
2353	2353	students, informs employees of the policy, and enforces the policy
2354	2354	at the public work area.
2355	2355	(b) If the contracting entity is a qualified school
2356	2356	contractor as defined under TX Gov. Code 411.XXXX, a A person to
2357	2357	whom Subsection (a) applies must submit to a national criminal
2358	2358	history record information review under this sectionby the
2359	2359	qualified school contractor before being employed or serving in a
2360	2360	capacity described by that subsection.
2361	2361	(b-1) If the contracting entity or subcontracting entity is
2362	2362	not a qualified school contractor, a person to whom Subsection (a)
2363	2363	applies must submit to a national criminal history record
2364	2364	information review by the school district, charter school, regional
2365	2365	education service center, commercial transportation company, or
2366	2366	education shared services arrangement.
2367	2367	(c) Before or immediately after employing or securing the
2368	2368	services of a person to whom Subsection (a) applies, the entity
2369	2369	qualified school contractor or contracting with a school district,
2370	2370	open-enrollment charter school, or shared services arrangement
2371	2371	shall send or ensure that the person sends to the department
2372	2372	information that is required by the department for obtaining
2373	2373	national criminal history record information, which may include
2374	2374	fingerprints and photographs. The department shall obtain the
2375	2375	person's national criminal history record information and report
2376	2376	the results through the criminal history clearinghouse as provided
2377	2377	by Section 411.0845, Government Code.
2378	2378	(d) An entity contracting withA qualified school
2379	2379	contractor or a school district, open-enrollment charter school, or
2380	2380	shared services arrangement shall obtain all criminal history
2381	2381	record information that relates to a person to whom Subsection (a)
2382	2382	applies through the criminal history clearinghouse as provided by
2383	2383	Section 411.0845, Government Code. The entity shall certify to the
2384	2384	school district that the entity has received all criminal history
2385	2385	record information relating to a person to whom Subsection (a)
2386	2386	applies.
2387	2387	(d-1) A qualified school contractor contracting entity
2388	2388	shall require that any of its subcontracting entities obtain all
2389	2389	criminal history record information that relates to an employee to
2390	2390	whom Subsection (a) applies if the subcontracting entity is also a
2391	2391	qualified school contractor.
2392	2392	(d-2) A qualified school contractor shall require that
2393	2393	any of its subcontracting entities that are not qualified school
2394	2394	contractors comply with Subsection (b-1) as it relates to an
2395	2395	employee to whom Subsection (a) applies.
2396	2396	(e) The requirements of subsection (b),(d-1), and (d-2)
2397	2397	do not apply to a qualified school contractor ifAa school
2398	2398	district, open-enrollment charter school, or shared services
2399	2399	arrangement may obtains the criminal history record information of
2400	2400	a person to whom this section applies through the criminal history
2401	2401	clearinghouse as provided by Section 411.0845, Government Code.
2402	2402	(f) In the event of an emergency, a school district may
2403	2403	allow a person to whom Subsection (a) or (g) applies to enter school
2404	2404	district property if the person is accompanied by a district
2405	2405	employee. A school district may adopt rules regarding an emergency
2406	2406	situation under this subsection.
2407	2407	(g) An entity that contracts with a school district,
2408	2408	open-enrollment charter school, or shared services arrangement to
2409	2409	provide services shall obtain from any law enforcement or criminal
2410	2410	justice agency or a private entity that is a consumer reporting
2411	2411	agency governed by the Fair Credit Reporting Act (15 U.S.C. Section
2412	2412	1681 et seq.), all criminal history record information that relates
2413	2413	to an employee of the entity who is employed before January 1, 2008,
2414	2414	and who is not subject to a national criminal history record
2415	2415	information review under Subsection (b) if:
2416	2416	(1) the employee has continuing duties related to
2417	2417	the contracted services; and
2418	2418	(2) the employee has direct contact with
2419	2419	students.
2420	2420	(h) A school district, open-enrollment charter school,
2421	2421	or shared services arrangement, or qualified school contractor may
2422	2422	obtain from any law enforcement or criminal justice agency all
2423	2423	criminal history record information that relates to a person to
2424	2424	whom this section Subsection (g) applies.
2425	2425	(i) An entity shall certify to a school district that
2426	2426	it has received all criminal history record information required by
2427	2427	Subsection (g).
2428	2428	(j) The commissioner may adopt rules as necessary to
2429	2429	implement this section.
2430	2430	(k) The requirements of this section apply to an entity
2431	2431	that contracts directly with a school district, open-enrollment
2432	2432	charter school, or shared services arrangement and any
2433	2433	subcontractor of the entity.
2434	2434	(l) A contracting entity shall require that a
2435	2435	subcontracting entity obtain all criminal history record
2436	2436	information that relates to an employee to whom Subsection (a)
2437	2437	applies. If a contracting or subcontracting entity determines that
2438	2438	Subsection (a) does not apply to an employee, the contracting or
2439	2439	subcontracting entity shall make a reasonable effort to ensure that
2440	2440	the conditions or precautions that resulted in the determination
2441	2441	that Subsection (a) did not apply to the employee continue to exist
2442	2442	throughout the time that the contracted services are provided.
2443	2443	(m) A contracting entity complies with the
2444	2444	requirements of this section if the contracting entity obtains a
2445	2445	written statement from each subcontracting entity certifying that
2446	2446	the subcontracting entity has obtained the required criminal
2447	2447	history record information for employees of the subcontracting
2448	2448	entity and the subcontracting entity has obtained certification
2449	2449	from each of the subcontracting entity's subcontractors.
2450	2450	(n) A subcontracting entity must certify to the school
2451	2451	district, open-enrollment charter school, or shared services
2452	2452	arrangement and the contracting entity that the subcontracting
2453	2453	entity has obtained all criminal history record information that
2454	2454	relates to an employee to whom Subsection (a) applies and has
2455	2455	obtained similar written certifications from the subcontracting
2456	2456	entity's subcontractors.
2457	2457	(o) A school district, charter school, regional
2458	2458	education service center, commercial transportation company, or
2459	2459	education shared services arrangement, qualified school
2460	2460	contractor, contracting or subcontracting entity may not permit an
2461	2461	employee to whom Subsection (a) applies to provide services at a
2462	2462	school if the employee has been convicted of a felony or misdemeanor
2463	2463	offense that would prevent a person from being employed under
2464	2464	Section 22.085(a).
2465	2465	(p) A qualified school contractor shall certify to the
2466	2466	school district that the entity has received all criminal history
2467	2467	record information relating to a person to whom Subsection (a)
2468	2468	applies.
2469	2469	(pq) In this section:
2470	2470	(1) "Contracting entity" means an entity that
2471	2471	contracts directly with a school district, open-enrollment charter
2472	2472	school, or shared services arrangement to provide services to the
2473	2473	school district, open-enrollment charter school, or shared
2474	2474	services arrangement.
2475	2475	(2) "Subcontracting entity" means an entity that
2476	2476	contracts with another entity that is not a school district,
2477	2477	open-enrollment charter school, or shared services arrangement to
2478	2478	provide services to a school district, open-enrollment charter
2479	2479	school, or shared services arrangement.
2480	2480	(3) “Qualified school contractor” has the same meaning
2481	2481	as defined in Tx Gov Code 411.XXXX
2482	2482	(4) “Public works contractor” means an entity that
2483	2483	contracts directly or subcontracts with an entity that contracts
2484	2484	with a school district, open-enrollment charter school, or shared
2485	2485	services arrangement to provide services to the school district,
2486	2486	open-enrollment charter school, or shared services arrangement.
2487	2487	Sec. 22.08341 REPEALED
2488	2488	Sec. 22.08341. CRIMINAL HISTORY RECORD INFORMATION REVIEW BY
2489	2489	CERTAIN PUBLIC WORKS CONTRACTORS. (a) In this section:
2490	2490	(1) "Contracting entity" means an entity that
2491	2491	contracts directly with a school district, open-enrollment charter
2492	2492	school, or shared services arrangement to provide engineering,
2493	2493	architectural, or construction services to the district, school, or
2494	2494	arrangement.
2495	2495	(2) "Instructional facility" has the meaning assigned
2496	2496	by Section 46.001.
2497	2497	(3) "Subcontracting entity" means an entity that
2498	2498	contracts with another entity that is not a school district,
2499	2499	open-enrollment charter school, or shared services arrangement to
2500	2500	provide engineering, architectural, or construction services to a
2501	2501	school district, open-enrollment charter school, or shared
2502	2502	services arrangement.
2503	2503	(b) This subsection applies to a person who is not an
2504	2504	applicant for or holder of a certificate under Subchapter B,
2505	2505	Chapter 21, and who is employed by a contracting or subcontracting
2506	2506	entity on a project to design, construct, alter, or repair a public
2507	2507	work if the person has or will have:
2508	2508	(1) continuing duties related to the contracted
2509	2509	services; and
2510	2510	(2) the opportunity for direct contact with students in
2511	2511	connection with the person's continuing duties.
2512	2512	(c) For purposes of Subsection (b), a person does not have
2513	2513	the opportunity for direct contact with students if:
2514	2514	(1) the public work does not involve the construction,
2515	2515	alteration, or repair of an instructional facility;
2516	2516	(2) for a public work that involves construction of a
2517	2517	new instructional facility, the person's duties related to the
2518	2518	contracted services will be completed not later than the seventh
2519	2519	day before the first date the facility will be used for
2520	2520	instructional purposes; or
2521	2521	(3) for a public work that involves an existing
2522	2522	instructional facility:
2523	2523	(A) the public work area contains sanitary
2524	2524	facilities and is separated from all areas used by students by a
2525	2525	secure barrier fence that is not less than six feet in height; and
2526	2526	(B) the contracting entity adopts a policy
2527	2527	prohibiting employees, including subcontracting entity employees,
2528	2528	from interacting with students or entering areas used by students,
2529	2529	informs employees of the policy, and enforces the policy at the
2530	2530	public work area.
2531	2531	(d) A contracting entity or subcontracting entity may not
2532	2532	permit an employee to whom Subsection (b) applies to provide
2533	2533	services at an instructional facility if the employee, during the
2534	2534	preceding 30 years, was convicted of any of the following offenses
2535	2535	and the victim was under 18 years of age or was enrolled in a public
2536	2536	school:
2537	2537	(1) a felony offense under Title 5, Penal Code;
2538	2538	(2) an offense on conviction of which a defendant is
2539	2539	required to register as a sex offender under Chapter 62, Code of
2540	2540	Criminal Procedure; or
2541	2541	(3) an offense under the laws of another state or
2542	2542	federal law that is equivalent to an offense under Subdivision (1)
2543	2543	or (2).
2544	2544	(e) For a person to whom Subsection (b) applies, the
2545	2545	contracting entity or subcontracting entity that employs the person
2546	2546	shall:
2547	2547	(1) send or ensure that the person sends to the
2548	2548	department information that is required by the department for
2549	2549	obtaining national criminal history record information, which may
2550	2550	include fingerprints and photographs;
2551	2551	(2) obtain all criminal history record information
2552	2552	that relates to the person through the criminal history
2553	2553	clearinghouse as provided by Section 411.0845, Government Code; and
2554	2554	(3) certify to the school district, open-enrollment
2555	2555	charter school, shared services arrangement, or contracting
2556	2556	entity, as applicable, that the contracting entity or
2557	2557	subcontracting entity that employs the person has received all
2558	2558	criminal history record information relating to the person.
2559	2559	(f) A contracting entity shall certify to the school
2560	2560	district, open-enrollment charter school, or shared services
2561	2561	arrangement, as applicable, that the contracting entity has
2562	2562	obtained written certifications from any subcontracting entity
2563	2563	that the subcontracting entity has complied with Subsection (e) as
2564	2564	it relates to the subcontracting entity's employees.
2565	2565	(g) On receipt of information described by Subsection
2566	2566	(e)(1), the department shall obtain the person's national criminal
2567	2567	history record information and report the results through the
2568	2568	criminal history clearinghouse as provided by Section 411.0845,
2569	2569	Government Code.
2570	2570	(h) A school district, open-enrollment charter school, or
2571	2571	shared services arrangement may directly obtain the criminal
2572	2572	history record information of a person to whom Subsection (b)
2573	2573	applies through the criminal history clearinghouse as provided by
2574	2574	Section 411.0845, Government Code.
2575	2575	(i) If a contracting entity or subcontracting entity
2576	2576	determines that Subsection (b) does not apply to an employee, the
2577	2577	contracting or subcontracting entity shall make a reasonable effort
2578	2578	to ensure that the conditions or precautions that resulted in the
2579	2579	determination that Subsection (b) does not apply to the employee
2580	2580	continue to exist throughout the time that the contracted services
2581	2581	are provided.
2582	2582	(j) In the event of an emergency, a school district,
2583	2583	open-enrollment charter school, or shared services arrangement may
2584	2584	allow a person to whom Subsection (b) applies to enter an
2585	2585	instructional facility if the person is accompanied by an employee
2586	2586	of the district, school, or arrangement. A school district,
2587	2587	open-enrollment charter school, or shared services arrangement may
2588	2588	adopt a policy regarding an emergency for purposes of this
2589	2589	subsection.
2590	2590	(k) The commissioner may adopt rules necessary to implement
2591	2591	this section.
2592	2592	Added by Acts 2017, 85th Leg., R.S., Ch. 1070 (H.B. 3270), Sec. 2,
2593	2593	eff. September 1, 2017.
2594	2594	Sec. 22.0835. ACCESS TO CRIMINAL HISTORY RECORDS OF STUDENT
2595	2595	TEACHERS AND VOLUNTEERS BY LOCAL AND REGIONAL EDUCATION
2596	2596	AUTHORITIES. (a) A school district, open-enrollment charter
2597	2597	school, or shared services arrangement shall obtain from the
2598	2598	department and may obtain from any other law enforcement or
2599	2599	criminal justice agency or a private entity that is a consumer
2600	2600	reporting agency governed by the Fair Credit Reporting Act (15
2601	2601	U.S.C. Section 1681 et seq.), all criminal history record
2602	2602	information that relates to:
2603	2603	(1) a person participating in an internship consisting
2604	2604	of student teaching to receive a teaching certificate; or
2605	2605	(2) a volunteer or person who has indicated, in
2606	2606	writing, an intention to serve as a volunteer with the district,
2607	2607	school, or shared services arrangement.
2608	2608	(b) A private school or regional education service center may
2609	2609	obtain from any law enforcement or criminal justice agency all
2610	2610	criminal history record information that relates to a person who
2611	2611	volunteers or has indicated, in writing, an intention to serve as a
2612	2612	volunteer with the school or service center.
2613	2613	(c) A person to whom Subsection (a) or (b) applies must
2614	2614	provide to the school district, open-enrollment charter school,
2615	2615	private school, regional education service center, or shared
2616	2616	services arrangement a driver's license or another form of
2617	2617	identification containing the person's photograph issued by an
2618	2618	entity of the United States government.
2619	2619	(d) A person to whom Subsection (a) applies may not perform
2620	2620	any student teaching or volunteer duties until all requirements
2621	2621	under Subsections (a) and (c) have been satisfied.
2622	2622	(e) Subsections (a) and (c) do not apply to a person who
2623	2623	volunteers or is applying to volunteer with a school district,
2624	2624	open-enrollment charter school, or shared services arrangement if
2625	2625	the person:
2626	2626	(1) is the parent, guardian, or grandparent of a child
2627	2627	who is enrolled in the district or school for which the person
2628	2628	volunteers or is applying to volunteer;
2629	2629	(2) will be accompanied by a school district employee
2630	2630	while on a school campus; or
2631	2631	(3) is volunteering for a single event on the school
2632	2632	campus.
2633	2633	(f) A school district, open-enrollment charter school, or
2634	2634	shared services arrangement may obtain from the department or any
2635	2635	law enforcement or criminal justice agency all criminal history
2636	2636	record information that relates to a person to whom Subsection (e)
2637	2637	applies.
2638	2638	(g) A school district, open-enrollment charter school,
2639	2639	private school, regional education service center, or shared
2640	2640	services arrangement may require a student teacher, volunteer, or
2641	2641	volunteer applicant to pay any costs related to obtaining criminal
2642	2642	history record information under this section.
2643	2643	Sec. 22.085. EMPLOYEES AND APPLICANTS CONVICTED OF OR PLACED
2644	2644	ON DEFERRED ADJUDICATION COMMUNITY SUPERVISION FOR CERTAIN
2645	2645	OFFENSES. (a) A school district, open-enrollment charter school,
2646	2646	or shared services arrangement shall discharge or refuse to hire an
2647	2647	employee or applicant for employment if the district, school, or
2648	2648	shared services arrangement obtains information through a criminal
2649	2649	history record information review that the employee or applicant
2650	2650	has been:
2651	2651	(1) convicted of or placed on deferred adjudication
2652	2652	community supervision for an offense for which a defendant is
2653	2653	required to register as a sex offender under Chapter 62, Code of
2654	2654	Criminal Procedure; or
2655	2655	(2) convicted of:
2656	2656	(A) a felony offense under Title 5, Penal Code, if
2657	2657	the victim of the offense was under 18 years of age at the time the
2658	2658	offense was committed; or
2659	2659	(B) an offense under the laws of another state or
2660	2660	federal law that is equivalent to an offense under Subdivision (1)
2661	2661	or Paragraph (A).
2662	2662	(b) Subsection (a) does not apply if the employee or
2663	2663	applicant for employment committed an offense under Title 5, Penal
2664	2664	Code and:
2665	2665	(1) the date of the offense is more than 30 years
2666	2666	before:
2667	2667	(A) the effective date of S.B. No. 9, Acts of the
2668	2668	80th Legislature, Regular Session, 2007, in the case of a person
2669	2669	employed by a school district, open-enrollment charter school, or
2670	2670	shared services arrangement as of that date; or
2671	2671	(B) the date the person's employment will begin,
2672	2672	in the case of a person applying for employment with a school
2673	2673	district, open-enrollment charter school, or shared services
2674	2674	arrangement after the effective date of S.B. No. 9, Acts of the 80th
2675	2675	Legislature, Regular Session, 2007; and
2676	2676	(2) the employee or applicant for employment satisfied
2677	2677	all terms of the court order entered on conviction.
2678	2678	(c) A school district, open-enrollment charter school, or
2679	2679	shared services arrangement may not allow a person who is an
2680	2680	employee of or applicant for employment by a qualified school
2681	2681	contractor or an entity that contracts with the district, school,
2682	2682	or shared services arrangement to serve at the district or school or
2683	2683	for the shared services arrangement if the district, school, or
2684	2684	shared services arrangement obtains information described by
2685	2685	Subsection (a) through a criminal history record information review
2686	2686	concerning the employee or applicant. A school district,
2687	2687	open-enrollment charter school, or shared services arrangement
2688	2688	must ensure that an entity that the district, school, or shared
2689	2689	services arrangement contracts with for services has obtained all
2690	2690	criminal history record information as required by Section 22.0834
2691	2691	or 22.08341.
2692	2692	(d) A school district, open-enrollment charter school,
2693	2693	private school, regional education service center, or shared
2694	2694	services arrangement may discharge an employee if the district or
2695	2695	school obtains information of the employee's conviction of a felony
2696	2696	or of a misdemeanor involving moral turpitude that the employee did
2697	2697	not disclose to the State Board for Educator Certification or the
2698	2698	district, school, service center, or shared services arrangement.
2699	2699	An employee discharged under this section is considered to have
2700	2700	been discharged for misconduct for purposes of Section 207.044,
2701	2701	Labor Code.
2702	2702	(e) The State Board for Educator Certification may impose a
2703	2703	sanction on an educator who does not discharge an employee or refuse
2704	2704	to hire an applicant for employment if the educator knows or should
2705	2705	have known, through a criminal history record information review,
2706	2706	that the employee or applicant has been:
2707	2707	(1) convicted of or placed on deferred adjudication
2708	2708	community supervision for an offense described by Subsection
2709	2709	(a)(1); or
2710	2710	(2) convicted of an offense described by Subsection
2711	2711	(a)(2).
2712	2712	(f) Each school year, the superintendent of a school
2713	2713	district or chief operating officer of an open-enrollment charter
2714	2714	school shall certify to the commissioner that the district or
2715	2715	school has complied with this section.
2716	2716	ARTICLE 21. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
2717	2717	SEC. 411.###. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
2718	2718	TEXAS COMMISSION ON ENVIRONMENTAL QUALITY. (a) The Texas
2719	2719	Commission on Environmental Quality is entitled to obtain from the
2720	2720	Department criminal history record information maintained by the
2721	2721	department that relates to:
2722	2722	(1) a person who:
2723	2723	(A) is an applicant for a license or registration
2724	2724	under:
2725	2725	(i) Health and Safety Code Chapters 341, 361,
2726	2726	and 366;
2727	2727	(ii) Occupations Code Chapter 1903; or
2728	2728	(iii) Texas Water Code Chapters 37 and 26;
2729	2729	(B) is the holder of a license or registration
2730	2730	under the statutes listed in 411.###(1)(A); or
2731	2731	(C) requests a determination of eligibility for a
2732	2732	license or registration from the agency under the statutes listed
2733	2733	in 411.###(1)(A).
2734	2734	(b) Texas criminal history record information obtained by the
2735	2735	Texas Commission on Environmental Quality under Subsection (a) may
2736	2736	not be released or disclosed to any person except on court order,
2737	2737	with the written consent of the person that is the subject of the
2738	2738	criminal history record information, or as provided by Subsection
2739	2739	(d).
2740	2740	(c) After completion of the criminal history review or
2741	2741	proceeding for a person, for the purposes of a licensure or
2742	2742	registration, the Texas Commission on Environmental Quality shall
2743	2743	destroy the criminal history record information that relates to
2744	2744	that person.
2745	2745	(d) The Texas Commission on Environmental Quality is not
2746	2746	prohibited from disclosing criminal history record information
2747	2747	obtained under Subsection (a) in a criminal proceeding or in an
2748	2748	administrative proceeding conducted by:
2749	2749	(i) the Texas Commission on Environmental
2750	2750	Quality; or
2751	2751	(ii) the State Office of Administrative
2752	2752	Hearings.
2753	2753	(e) In accordance with Section 411.087, the Texas Commission
2754	2754	on Environmental Quality may obtain criminal history record
2755	2755	information from the Federal Bureau of Investigation
2756	2756	identification division.
2757	2757	(f) Criminal history record information obtained by the
2758	2758	Federal Bureau of Investigation shall not be disseminated.
2759	2759	ARTICLE 22. TEXAS RACING COMMISSION
2760	2760	SECTION 1. Section 411.096, Government Code, is amended to
2761	2761	read as follows:
2762	2762	Sec. 411.096. ACCESS TO CRIMINAL HISTORY RECORD
2763	2763	INFORMATION: TEXAS RACING COMMISSION. (a) The Texas Racing
2764	2764	Commission is entitled to obtain from the department criminal
2765	2765	history record information maintained by the department that
2766	2766	relates to [a person who is]:
2767	2767	(1) a person who is:
2768	2768	(A) an applicant for or the holder of a license
2769	2769	under Chapter 2025 of the Texas Occupations Code; or
2770	2770	(B) a controlling person, as defined in Chapter
2771	2771	2025 of the Texas Occupations Code, of an entity described therein;
2772	2772	(C) an owner or manager of an applicant for any
2773	2773	license promulgated under Chapter 2025 of the Texas Occupations
2774	2774	Code license under (A); or
2775	2775	(D) the holder of a license or certificate under
2776	2776	that Act; or
2777	2777	(2) a person who:
2778	2778	(A) is an applicant for or the holder of a license
2779	2779	under Chapter 2025 of the Texas Occupations Code; or
2780	2780	(B) has an interest described under Section
2781	2781	Chapter 2025 of the Texas Occupations Code, in an entity described
2782	2782	therein.
2783	2783	(3) an applicant for employment at or current
2784	2784	employee of:
2785	2785	(A) The Texas Racing Commissions defined by
2786	2786	Texas Occupations Code 2022; or
2787	2787	(B) employment within the Texas Racing
2788	2788	industry.
2789	2789	(4) an applicant for employment at, current
2790	2790	employee of, or person who contracts or may contract to provide
2791	2791	goods or services with the Texas Racing Commission that monitors
2792	2792	racing in Texasas described byTexas Occupations Code Chapter 2022.
2793	2793	(b) Texas criminal history record information obtained by
2794	2794	the Texas Racing Commission under Subsection (a) may not be
2795	2795	released or disclosed to any person except on court order, with the
2796	2796	written consent of the person or entity that is the subject of the
2797	2797	criminal history record information, or as provided by Subsection
2798	2798	(c).
2799	2799	(c) After an entity is licensed or certified, the Texas
2800	2800	Racing Commission shall destroy the criminal history record
2801	2801	information that relates to that entity. The Texas Racing
2802	2802	Commission shall destroy the criminal history record information
2803	2803	that relates to:
2804	2804	(1) an applicant for employment after that applicant is
2805	2805	employed or, for an applicant who is not employed, after the check
2806	2806	of the criminal history record information on that applicant is
2807	2807	completed; or
2808	2808	(2) an employee or contractor after the check of the
2809	2809	criminal history record information on that employee or contractor
2810	2810	is completed.
2811	2811	(d) The Texas Racing Commission shall destroy criminal
2812	2812	history record information that relates to an applicant who is not
2813	2813	certified or employed, as applicable.
2814	2814	(e) The Texas Racing Commission is not prohibited from
2815	2815	disclosing Texas criminal history record information obtained
2816	2816	under Subsection (a) in a criminal proceeding or in a hearing
2817	2817	conducted by the Texas Racing Commission or the State Office of
2818	2818	Administrative Hearings, as applicable.
2819	2819	(f) In accordance with Section 411.087, the Texas Racing
2820	2820	Commission shall obtain criminal history record information from
2821	2821	the Federal Bureau of Investigation identification division.
2822	2822	(g) Criminal history record information obtained by the
2823	2823	Federal Bureau of Investigation shall not be disseminated.
2824	2824	SECTION 2. Section 2025.251, Occupations Code, is amended to
2825	2825	read as follows:
2826	2826	Sec. 2025.251. OCCUPATIONAL LICENSE REQUIRED. (a) Except as
2827	2827	provided by this section, a person, other than as a spectator or as
2828	2828	a person placing a wager, may not participate in racing with
2829	2829	pari-mutuel racing activities or wagering without first obtaining a
2830	2830	license from the commission. A person may not engage in any
2831	2831	occupation for which commission rules require a license under this
2832	2832	subtitle without first obtaining a license from the commission.
2833	2833	(b) The commission by rule shall categorize the occupations
2834	2834	of racetrack employees and determine the occupations that afford
2835	2835	the employee an opportunity to influence racing with pari-mutuel
2836	2836	wagering, including individuals who:The rules must require an
2837	2837	employee to be licensed under this subtitle if the employee.
2838	2838	(1) works in an occupation as an employee, contractor,
2839	2839	or volunteer,determined by the commission to afford the individual
2840	2840	the employee an opportunity to influence racing with pari-mutuel
2841	2841	wagering;
2842	2842	or (2) will likely have significant access to the backside of
2843	2843	a racetrack or to restricted areas of the frontside of a racetrack
2844	2844	(3) Notwithstanding section (b) above, the following
2845	2845	individuals require a criminal history background check before an
2846	2846	occupational license is issued: commissioners, racing commission
2847	2847	employees, racing association employees, owners or employees of
2848	2848	race horses.
2849	2849	ARTICLE 23. TEXAS STATE BOARD OF DENTAL EXAMINERS
2850	2850	Sec. 411.###. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
2851	2851	STATE BOARD OF DENTAL EXAMINERS. (a) The State Board of Dental
2852	2852	Examiners is entitled to obtain from the department criminal
2853	2853	history record information maintained by the department that
2854	2854	relates to a person who:
2855	2855	(1) is an applicant for a license, certificate,
2856	2856	registration, permit, or other authorization under Title 3,
2857	2857	Subtitle D, Occupations Code (Dental Practice Act);
2858	2858	(2) is the holder of a license, certificate,
2859	2859	registration, permit, or other authorization under that Act;
2860	2860	(3) requests a determination of eligibility for a
2861	2861	license, certificate, registration, permit, or other authorization
2862	2862	from the State Board of Dental Examiners; or
2863	2863	(4) is an applicant for employment at or current
2864	2864	employee of the State Board of Dental Examiners.
2865	2865	(b) Texas Ccriminal history record information obtained by
2866	2866	the State Board of Dental Examiners under Subsection (a) may not be
2867	2867	released or disclosed to any person except on court order, with the
2868	2868	written consent of the person who is the subject of the criminal
2869	2869	history record information, or as provided by Subsection (d).
2870	2870	(c) The State Board of Dental Examiners shall destroy
2871	2871	criminal history record information obtained under this section
2872	2872	after a final determination is made in the matter for which the
2873	2873	information was obtained.
2874	2874	(d) The State Board of Dental Examiners is not prohibited
2875	2875	from disclosing Texas criminal history record information obtained
2876	2876	under Subsection (a) in a criminal proceeding or in a hearing
2877	2877	conducted by the State Board of Dental Examiners or State Office of
2878	2878	Administrative Hearings.
2879	2879	(e) In accordance with Section 411.087, the State Board of
2880	2880	Dental Examiners shall obtain criminal history record information
2881	2881	from the Federal Bureau of Investigation identification division.
2882	2882	(f) Criminal history record information obtained by the
2883	2883	Federal Bureau of Investigation shall not be disseminated.
2884	2884	ARTICLE 24. CONSUMER CREDIT COMMISSIONER
2885	2885	SECTION 24.01. Section 411.095, Government Code, is amended
2886	2886	to read as follows:
2887	2887	Sec. 411.095. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
2888	2888	CONSUMER CREDIT COMMISSIONER. (a) The consumer credit
2889	2889	commissioner is entitled to obtain from the department criminal
2890	2890	history record information maintained by the department that
2891	2891	relates to a person who is:
2892	2892	(1) an applicant for or holder of a license or
2893	2893	registration under Chapter 180, 342, 347, 348, 351, 353, 371, 393,
2894	2894	or 394, Finance Code;
2895	2895	(2) an officer, director, owner, or employee of the
2896	2896	entity or another person having a substantial relationship with the
2897	2897	entity under Chapter 180, 342, 347, 348, 351, 353, 371, 393, or 394,
2898	2898	Finance Code;
2899	2899	(3) an employee of or volunteer with the Office of
2900	2900	Consumer Credit Commissioner;
2901	2901	(4) [(3)] an applicant for employment with the Office
2902	2902	of Consumer Credit Commissioner; or
2903	2903	(5) [(4)] a contractor or subcontractor of the Office
2904	2904	of Consumer Credit Commissioner.
2905	2905	(b) Texas criminal history record information obtained by
2906	2906	the Office of Consumer Credit Commissioner under Subsection (a) may
2907	2907	not be released or disclosed to any person except: [The consumer
2908	2908	credit commissioner may not release or disclose criminal history
2909	2909	record information obtained under this section unless:
2910	2910	[(1) the information is obtained from a
2911	2911	fingerprint-based search; and
2912	2912	[(2) the information is released or disclosed:
2913	2913	(1) [(A)] on court order;
2914	2914	(2) [(B)] to the person who is the subject of the
2915	2915	criminal history record information; [or]
2916	2916	(3) [(C)] with the consent of the person who is the
2917	2917	subject of the criminal history record information; or
2918	2918	(4) in a hearing where the Office of Consumer Credit
2919	2919	Commissioner is a party.
2920	2920	(c) In accordance with Section 411.087, the consumer credit
2921	2921	commissioner may obtain criminal history record information from
2922	2922	the Federal Bureau of Investigation identification division
2923	2923	regarding a person described by subsection (a).
2924	2924	(d) Criminal history record information obtained by the
2925	2925	Federal Bureau of Investigation shall not be disseminated except to
2926	2926	the person who is the subject of the criminal history record
2927	2927	information.
2928	2928	SECTION 24.02. Section 14.151(a), Finance Code, is amended
2929	2929	to read as follows:
2930	2930	(a) The commissioner or an assistant commissioner, examiner,
2931	2931	or other employee of the office shall obtain criminal history
2932	2932	record information maintained by the Department of Public Safety,
2933	2933	the Federal Bureau of Investigation Identification Division, or
2934	2934	another law enforcement agency relating to a person described by
2935	2935	Section 411.095(a)(1) or (2) [411.095(a)(1)], Government Code.
2936	2936	ARTICLE 25. TEXAS COMPTROLLER OF PUBLIC ACCOUNTS
2937	2937	SECTION 25.01. Section 411.109, Government Code, is amended
2938	2938	by amending Subsection (d) and adding Subsections (f), (g), and (h)
2939	2939	to read as follows:
2940	2940	(d) Texas Criminal history record information obtained by the
2941	2941	comptroller under Subsections (a), (b), and (c) may not be released
2942	2942	or disclosed to any person except on court order, with the written
2943	2943	consent of the person or entity that is the subject of the criminal
2944	2944	history record information, or as provided by Subsections
2945	2945	[Subsection] (e) or (f).
2946	2946	(f) The comptroller is not prohibited from disclosing
2947	2947	criminal history record information obtained under Subsection (a)
2948	2948	in a criminal proceeding or in a hearing conducted by the
2949	2949	comptroller.
2950	2950	(g) In accordance with Section 411.087, the comptroller may
2951	2951	obtain criminal history record information from the Federal Bureau
2952	2952	of Investigation identification division.
2953	2953	(h) Criminal history record information obtained by the
2954	2954	Federal Bureau of Investigation shall not be disseminated.
2955	2955	ARTICLE 26. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS:
2956	2956	MANUFACTURED HOUSING DIVISION
2957	2957	Tex. Occ. Code 1201.1031(f) the department is entitled to obtain
2958	2958	criminal history record information maintained by the Department of
2959	2959	Public Safety that relates to:
2960	2960	(1) a person who is:
2961	2961	(A) an applicant for a license under Chapter 1201
2962	2962	of the Texas Occupations Code;
2963	2963	(B) an owner, officer, related person or manager
2964	2964	of an applicant for manufacturer, retailer, broker, installer, or
2965	2965	salesperson license under (A); or
2966	2966	(C) the holder of a license under that Act; or
2967	2967	(2) an applicant for a license or a license holder
2968	2968	under Chapter 1201 of the Texas Occupations Code;
2969	2969	(g) Texas criminal history record information obtained by
2970	2970	the Manufactured Housing Division under Subsection (a) may not be
2971	2971	released or disclosed to any person except on court order, with the
2972	2972	written consent of the person or entity that is the subject of the
2973	2973	criminal history record information, or as provided by Subsection
2974	2974	(e).
2975	2975	(h) Texas criminal history record information obtained by the
2976	2976	department under Subsection (a) may not be released or disclosed to
2977	2977	any person except on court order, with the written consent of the
2978	2978	person or entity that is the subject of the criminal history record
2979	2979	information, or as provided by Subsection (e).
2980	2980	(i) The department shall destroy the criminal history record
2981	2981	information that relates toan applicant for licensure after that
2982	2982	applicant is licensed or, for an applicant who is not licensed,
2983	2983	after the check of the criminal history record information on that
2984	2984	applicant is completed;
2985	2985	(j) the department is not prohibited from disclosing criminal
2986	2986	history record information obtained under Subsection (f) in a
2987	2987	criminal proceeding or in a hearing conducted by the department.
2988	2988	(k) In accordance with Section 411.087 and Tex. Occ. Code §
2989	2989	1201.1031, the department shall obtain criminal history record
2990	2990	information from the Federal Bureau of Investigation
2991	2991	identification division.
2992	2992	(l) Criminal history record information obtained by the
2993	2993	Federal Bureau of Investigation shall not be disseminated.
2994	2994	Sec. 411.###. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: The
2995	2995	Manufactured Housing Division. (a) The Manufactured Housing
2996	2996	Division is entitled to obtain from the department criminal history
2997	2997	record information maintained by the department that relates to:
2998	2998	(1) a person who is:
2999	2999	(A) an applicant for a license under Chapter 1201
3000	3000	of the Texas Occupations Code;
3001	3001	(B) an owner, officer, related person or manager
3002	3002	of an applicant for manufacturer, retailer, broker, installer, or
3003	3003	salesperson license under (A); or
3004	3004	(C) the holder of a license under that Act;
3005	3005	(2) an applicant for a license or a license holder under
3006	3006	Chapter 1201 of the Texas Occupations Code;
3007	3007	(b) Texas criminal history record information obtained by the
3008	3008	Manufactured Housing Division under Subsection (a) may not be
3009	3009	released or disclosed to any person except on court order, with the
3010	3010	written consent of the person or entity that is the subject of the
3011	3011	criminal history record information, or as provided by Subsection
3012	3012	(e).
3013	3013	(c) After an entity is licensed, the Manufactured Housing
3014	3014	Division, shall destroy the criminal history record information
3015	3015	that relates to that entity. The Manufactured Housing Division
3016	3016	shall destroy the criminal history record information that relates
3017	3017	to:
3018	3018	(1) an applicant for licensure after that applicant is
3019	3019	licensed or, for an applicant who is not licensed, after the check
3020	3020	of the criminal history record information on that applicant is
3021	3021	completed; or
3022	3022	(2) a licensee after the check of the criminal history
3023	3023	record information on that licensee is completed.
3024	3024	(d) The Manufactured Housing Division shall destroy criminal
3025	3025	history record information that relates to an applicant who is not
3026	3026	licensed, as applicable.
3027	3027	(e) The Manufactured Housing Division is not prohibited from
3028	3028	disclosing criminal history record information obtained under
3029	3029	Subsection (a) in a criminal proceeding or in a hearing conducted by
3030	3030	the Manufactured Housing Division.
3031	3031	(g) In accordance with Section 411.087 or Chapter 1201 of the
3032	3032	Texas Occupations Code, the Manufactured Housing Division shall
3033	3033	obtain criminal history record information from the Federal Bureau
3034	3034	of Investigation identification division.
3035	3035	(h) Criminal history record information obtained by the
3036	3036	Federal Bureau of Investigation shall not be disseminated.
3037	3037	ARTICLE 27. TEXAS DEPARTMENT OF LICENSING AND REGULATION
3038	3038	SECTION 27.01. Section 411.093, Government Code, is amended
3039	3039	to read as follows:
3040	3040	Sec. 411.093. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
3041	3041	TEXAS DEPARTMENT OF LICENSING AND REGULATION. (a) The Texas
3042	3042	Department of Licensing and Regulation is entitled to obtain from
3043	3043	the department criminal history record information maintained by
3044	3044	the department that relates to [a person who is]:
3045	3045	(1) an applicant for or the holder of:
3046	3046	(A) a driver education instructor license under
3047	3047	Chapter 1001, Education Code; [a license, certificate,
3048	3048	registration, title, or permit issued by the department]; [or]
3049	3049	(B) a license under Chapter 202, Occupations
3050	3050	Code;
3051	3051	(C) a license under Chapter 401, Occupations
3052	3052	Code;
3053	3053	(D) a license under Chapter 402, Occupations
3054	3054	Code;
3055	3055	(2) a person who is: [the holder of a license,
3056	3056	certificate, registration, title, or permit issued by the
3057	3057	department]
3058	3058	(A) an applicant for or the holder of a license
3059	3059	under Chapter 91, Labor Code; or
3060	3060	(B) a controlling person, as defined in Chapter
3061	3061	91, Labor Code, of an entity described in Paragraph (A); or
3062	3062	(3) a person who:
3063	3063	(A) is an applicant for or the holder of a license
3064	3064	under Chapter 455, Occupations Code; or
3065	3065	(B) has an interest described under Section
3066	3066	455.1525(e), Occupations Code, in an entity described in Paragraph
3067	3067	(A).
3068	3068	(b) Criminal history record information obtained by the
3069	3069	Texas Department of Licensing and Regulation under Subsection (a)
3070	3070	may not be released or disclosed to any person except on court
3071	3071	order, with the written consent of the person or entity that is the
3072	3072	subject of the criminal history record information, or as provided
3073	3073	by Subsection (c).
3074	3074	(c) The Texas Department of Licensing and Regulation is not
3075	3075	prohibited from disclosing criminal history record information
3076	3076	obtained under Subsection (a) in a criminal proceeding or in a
3077	3077	hearing conducted by the Texas Department of Licensing and
3078	3078	Regulation or the State Office of Administrative Hearings, as
3079	3079	applicable.
3080	3080	(d) In accordance with Section 411.087, the Texas Department
3081	3081	of Licensing and Regulation shall obtain criminal history record
3082	3082	information from the Federal Bureau of Investigation
3083	3083	identification division.
3084	3084	(e) Criminal history record information obtained by the
3085	3085	Federal Bureau of Investigation shall not be disseminated.
3086	3086	SECTION 2. Section 411.122(d), Government Code, as amended by
3087	3087	Chapter 768 (H.B. 1501), Acts of the 86th Legislature, Regular
3088	3088	Session, 2019, is amended to read as follows:
3089	3089	(d) The following state agencies are subject to this section:
3090	3090	(1)Texas Appraiser Licensing and Certification Board;
3091	3091	(2) Texas Board of Architectural Examiners
3092	3092	(3) Texas Board of Chiropractic Examiners;
3093	3093	(4) State Board of Dental Examiners;
3094	3094	(5) Texas Board of Professional Engineers;
3095	3095	(6) Texas Funeral Service Commission;
3096	3096	(7) Texas Board of Professional Geoscientists;
3097	3097	(8) Health and Human Services Commission, except as
3098	3098	provided by Section 411.110, and agencies attached to the
3099	3099	commission;
3100	3100	(9) Texas Board of Professional Land Surveying;
3101	3101	(10) Texas Department of Licensing and Regulation[,
3102	3102	except as provided by Section 411.093];
3103	3103	(11) Texas Commission on Environmental Quality;
3104	3104	(12) Texas Board of Occupational Therapy Examiners;
3105	3105	(13) Texas Optometry Board;
3106	3106	(14) Texas State Board of Pharmacy;
3107	3107	(15) Texas Board of Physical Therapy Examiners;
3108	3108	(16) Texas State Board of Plumbing Examiners;
3109	3109	(17) Texas Behavioral Health Executive Council;
3110	3110	(18) Texas Real Estate Commission;
3111	3111	(19) Texas Department of Transportation;
3112	3112	(20) State Board of Veterinary Medical Examiners;
3113	3113	(21) Texas Department of Housing and Community Affairs;
3114	3114	(22) secretary of state;
3115	3115	(23) state fire marshal;
3116	3116	(24) Texas Education Agency;
3117	3117	(25) Department of Agriculture; and
3118	3118	(26) Texas Department of Motor Vehicles.
3119	3119	SECTION 3. Section 411.122(d), Government Code, as amended by
3120	3120	Chapter 1232 (H.B. 1523), Acts of the 86th Legislature, Regular
3121	3121	Session, 2019, is amended to read as follows:
3122	3122	(d) The following state agencies are subject to this
3123	3123	section:
3124	3124	(1) Texas Appraiser Licensing and Certification
3125	3125	Board;
3126	3126	(2) Texas Board of Architectural Examiners;
3127	3127	(3) Texas Board of Chiropractic Examiners;
3128	3128	(4) State Board of Dental Examiners;
3129	3129	(5) Texas Board of Professional Engineers and Land
3130	3130	Surveyors;
3131	3131	(6) Texas Funeral Service Commission;
3132	3132	(7) Texas Board of Professional Geoscientists;
3133	3133	(8) Health and Human Services Commission, except as
3134	3134	provided by Section 411.110, and agencies attached to the
3135	3135	commission, including:
3136	3136	(A) Texas State Board of Examiners of Marriage and
3137	3137	Family Therapists;
3138	3138	(B) Texas State Board of Examiners of Professional
3139	3139	Counselors; and
3140	3140	(C) Texas State Board of Social Worker Examiners;
3141	3141	(9) Texas Department of Licensing and Regulation[,
3142	3142	except as provided by Section 411.093];
3143	3143	(10) Texas Commission on Environmental Quality;
3144	3144	(11) Texas Board of Occupational Therapy Examiners;
3145	3145	(12) Texas Optometry Board;
3146	3146	(13) Texas State Board of Pharmacy;
3147	3147	(14) Texas Board of Physical Therapy Examiners;
3148	3148	(15) Texas State Board of Plumbing Examiners;
3149	3149	(16) Texas State Board of Examiners of Psychologists;
3150	3150	(17) Texas Real Estate Commission;
3151	3151	(18) Texas Department of Transportation;
3152	3152	(19) State Board of Veterinary Medical Examiners;
3153	3153	(20) Texas Department of Housing and Community Affairs;
3154	3154	(21) secretary of state;
3155	3155	(22) state fire marshal;
3156	3156	(23) Texas Education Agency;
3157	3157	(24) Department of Agriculture; and
3158	3158	(25) Texas Department of Motor Vehicles.
3159	3159	SECTION 4. Section 411.122(d), Government Code, as amended by
3160	3160	Chapter 684 (S.B. 2200), Acts of the 86th Legislature, Regular
3161	3161	Session, 2019, is amended to read as follows:
3162	3162	(d) The following state agencies are subject to this section:
3163	3163	(1) Texas Appraiser Licensing and Certification Board;
3164	3164	(2) Texas Board of Architectural Examiners;
3165	3165	(3) Texas Board of Chiropractic Examiners;
3166	3166	(4) State Board of Dental Examiners;
3167	3167	(5) Texas Board of Professional Engineers;
3168	3168	(6) Texas Funeral Service Commission;
3169	3169	(7) Texas Board of Professional Geoscientists;
3170	3170	(8) Health and Human Services Commission and the
3171	3171	Department of State Health Services, except as provided by Section
3172	3172	411.110, and agencies attached to that commission, including:
3173	3173	(A) Texas State Board of Examiners of Marriage and
3174	3174	Family Therapists;
3175	3175	(B) Texas State Board of Examiners of Professional
3176	3176	Counselors; and
3177	3177	(C) Texas State Board of Social Worker Examiners;
3178	3178	(9) Texas Board of Professional Land Surveying;
3179	3179	(10) Texas Department of Licensing and Regulation[,
3180	3180	except as provided by Section 411.093];
3181	3181	(11) Texas Commission on Environmental Quality;
3182	3182	(12) Texas Board of Occupational Therapy Examiners;
3183	3183	(13) Texas Optometry Board;
3184	3184	(14) Texas State Board of Pharmacy;
3185	3185	(15) Texas Board of Physical Therapy Examiners;
3186	3186	(16) Texas State Board of Plumbing Examiners;
3187	3187	(17) Texas State Board of Examiners of Psychologists;
3188	3188	(18) Texas Real Estate Commission;
3189	3189	(19) Texas Department of Transportation;
3190	3190	(20) State Board of Veterinary Medical Examiners;
3191	3191	(21) Texas Department of Housing and Community Affairs;
3192	3192	(22) secretary of state;
3193	3193	(23) state fire marshal;
3194	3194	(24) Texas Education Agency;
3195	3195	(25) Department of Agriculture; and
3196	3196	(26) Texas Department of Motor Vehicles.
3197	3197	ARTICLE 28. TEXAS LOTTERY COMMISSION
3198	3198	Sec. 411.108. ACCESS TO CRIMINAL HISTORY RECORD
3199	3199	INFORMATION: TEXAS LOTTERY COMMISSION. (a) The Texas Lottery
3200	3200	Commission is entitled to obtain from the department criminal
3201	3201	history record information maintained by the department that
3202	3202	relates to a person who, under Chapter 466, is:
3203	3203	(1) a sales agent or an applicant for a sales agent
3204	3204	license;
3205	3205	(2) a person required to be named in a license
3206	3206	application;
3207	3207	(3) a lottery operator or prospective lottery operator;
3208	3208	(4) an employee of a lottery operator or prospective
3209	3209	lottery operator, if the employee is or will be directly involved in
3210	3210	lottery operations;
3211	3211	(5) a person who manufactures or distributes lottery
3212	3212	equipment or supplies or a representative of a person who
3213	3213	manufactures or distributes lottery equipment or supplies offered
3214	3214	to the lottery;
3215	3215	(6) a person who has submitted a written bid or proposal
3216	3216	to the commission in connection with the procurement of goods or
3217	3217	services by the commission, if the amount of the bid or proposal
3218	3218	exceeds $500;
3219	3219	(7) an employee or other person who works for or will
3220	3220	work for a sales agent or an applicant for a sales agent license;
3221	3221	(8) a person who proposes to enter into or who has a
3222	3222	contract with the commission to supply goods or services to the
3223	3223	commission;
3224	3224	(9) if a person described in Subdivisions (1) through
3225	3225	(8) of this section is not an individual, an individual who:
3226	3226	(A) is an officer or director of the person;
3227	3227	(B) holds more than 10 percent of the stock in the
3228	3228	person;
3229	3229	(C) holds an equitable interest greater than 10
3230	3230	percent in the person;
3231	3231	(D) is a creditor of the person who holds more than
3232	3232	10 percent of the person's outstanding debt;
3233	3233	(E) is the owner or lessee of a business that the
3234	3234	person conducts or through which the person will conduct
3235	3235	lottery-related activities;
3236	3236	(F) shares or will share in the profits, other
3237	3237	than stock dividends, of the person;
3238	3238	(G) participates in managing the affairs of the
3239	3239	person; or
3240	3240	(H) is an employee of the person who is or will be
3241	3241	involved in:
3242	3242	(i) selling tickets; or
3243	3243	(ii) handling money from the sale of tickets;
3244	3244	(10) the executive director or a prospective executive
3245	3245	director of the commission;
3246	3246	(11) an employee or prospective employee of the
3247	3247	commission; or
3248	3248	(12) a sales agent whose license is renewed under
3249	3249	Section 466.158.
3250	3250	(a-1) The Texas Lottery Commission is entitled to obtain from
3251	3251	the department criminal history record information maintained by
3252	3252	the department that relates to a person licensed under Chapter
3253	3253	2001, Occupations Code, or described by Section 2001.3025,
3254	3254	Occupations Code.
3255	3255	(b) Texas Criminal history record information obtained by the
3256	3256	commission under Subsection (a) or (a-1) may not be released or
3257	3257	disclosed to any person except on court order, with the written
3258	3258	consent of the person or entity that is the subject of the criminal
3259	3259	history record information, or as provided by Subsection (ec).
3260	3260	(c) After an entity is licensed or certified, the commission
3261	3261	shall destroy the criminal history record information that relates
3262	3262	to that entity. The commission shall destroy the criminal history
3263	3263	record information that relates to:
3264	3264	(1) an applicant for employment after that applicant is
3265	3265	employed or, for an applicant who is not employed, after the check
3266	3266	of the criminal history record information on that applicant is
3267	3267	completed; or
3268	3268	(2) an employee or contractor after the check of the
3269	3269	criminal history record information on that employee or contractor
3270	3270	is completed.
3271	3271	(d) The Texas Lottery Commission shall destroy criminal
3272	3272	history record information that relates to an applicant who is not
3273	3273	certified or employed, as applicable.
3274	3274	(e) The Texas Lottery Commission is not prohibited from
3275	3275	disclosing criminal history record information obtained under
3276	3276	Subsection (a) in a criminal proceeding or in a hearing conducted by
3277	3277	the State Office of Administrative HearingsTexas Lottery
3278	3278	Commission.
3279	3279	(g) In accordance with Government Code Sections 411.087,
3280	3280	466.201, and 467.036(b), and Occupations Code Section 2001.3025,
3281	3281	the Texas Lottery Commission shall obtain criminal history record
3282	3282	information from the Federal Bureau of Investigation
3283	3283	identification division.
3284	3284	(h) Criminal history record information obtained by the
3285	3285	Federal Bureau of Investigation shall not be disseminated.
3286	3286	(c) The commission is not prohibited from disclosing to the
3287	3287	person who is the subject of the criminal history record
3288	3288	information the dates and places of arrests, offenses, and
3289	3289	dispositions contained in the criminal history record information.
3290	3290	ARTICLE 29. TEXAS MEDICAL BOARD
3291	3291	Sec. 411.###. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
3292	3292	TEXAS MEDICAL BOARD. (a) The Texas Medical Board is entitled to
3293	3293	obtain from the department criminal history record information
3294	3294	maintained by the department that relates to:
3295	3295	(1) a person who is:
3296	3296	(A) an applicant for or holder of a license to
3297	3297	practice medicine;
3298	3298	(B) an applicant for or holder of a license to
3299	3299	practice as a physician assistant;
3300	3300	(C) an applicant for or holder of a license to
3301	3301	practice as an acupuncturist;
3302	3302	(D) an applicant for or holder of a certificate to
3303	3303	practice as an acudetox specialist;
3304	3304	(E) an applicant for or holder of a license to
3305	3305	practice as a surgical assistant;
3306	3306	(F) an applicant for or holder of a general
3307	3307	certificate to perform radiologic procedures, limited certificate
3308	3308	to perform radiologic procedures only on specific parts of the
3309	3309	body, or radiologist assistant certificate;;
3310	3310	(G) an applicant for or holder of a placement on
3311	3311	the registry of non-certified technicians;
3312	3312	(H) an employee of an applicant for a hardship
3313	3313	exemption;
3314	3314	(I) an applicant for or holder of a license to
3315	3315	practice as a medical physicist;
3316	3316	(J) an applicant for or holder of a license to
3317	3317	practice as a perfusionist;
3318	3318	(K) an applicant for or holder of a license to
3319	3319	practice as a respiratory care practitioner; and
3320	3320	(L) an applicant for or holder of a pain
3321	3321	management clinic certificate.
3322	3322	(b) Texas criminal history record information obtained by the
3323	3323	Texas Medical Board under Subsection (a) may not be released or
3324	3324	disclosed to any person, except as provided by subsection (c).
3325	3325	(c) The Texas Medical Board is not prohibited from disclosing
3326	3326	criminal history record information obtained under Subsection (a)
3327	3327	in a hearing conducted by the Medical Board or its advisory boards.
3328	3328	(d) In accordance with Section 411.087, the Texas Medical
3329	3329	Board may obtain criminal history record information from the
3330	3330	Federal Bureau of Investigation identification division.
3331	3331	(e) Criminal history record information obtained by the
3332	3332	Federal Bureau of Investigation shall not be disseminated.
3333	3333	ARTICLE 30. JUDICIAL BRANCH CERTIFICATION COMMISSION
3334	3334	SECTION 30.01. Chapter 1104, Estates Code, is amended to
3335	3335	read as follows:
3336	3336	Sec. 1104.402. COURT CLERK'S DUTY TO OBTAIN CRIMINAL HISTORY
3337	3337	RECORD INFORMATION; AUTHORITY TO CHARGE FEE. (a) Except as
3338	3338	provided by Section [1104.403,] 1104.404, or 1104.406(a), the clerk
3339	3339	of the county having venue of the proceeding for the appointment of
3340	3340	a guardian shall obtain criminal history record information that is
3341	3341	maintained by the Department of Public Safety or the Federal Bureau
3342	3342	of Investigation identification division relating to:
3343	3343	(1) a private professional guardian;
3344	3344	(2) each person who represents or plans to represent
3345	3345	the interests of a ward as a guardian on behalf of the private
3346	3346	professional guardian;
3347	3347	(3) each person employed by a private professional
3348	3348	guardian who will:
3349	3349	(A) have personal contact with a ward or proposed
3350	3350	ward;
3351	3351	(B) exercise control over and manage a ward's
3352	3352	estate; or
3353	3353	(C) perform any duties with respect to the
3354	3354	management of a ward's estate;
3355	3355	(4) each person employed by or volunteering or
3356	3356	contracting with a guardianship program to provide
3357	3357	guardianship services to a ward of the program on the
3358	3358	program's behalf; or
3359	3359	(5) any other person proposed to serve as a guardian
3360	3360	under this title, including a proposed temporary guardian and
3361	3361	a proposed successor guardian, other than an attorney.
3362	3362	(b) The clerk may charge a $10 fee to recover the costs of
3363	3363	obtaining criminal history record information under Subsection
3364	3364	(a).
3365	3365	(c) A clerk is liable to those damaged if damage or loss
3366	3366	results to a guardianship or ward because of the neglect or failure
3367	3367	of the clerk to obtain criminal history record information as
3368	3368	required by Subsection (a).
3369	3369	SECTION 30.02. Chapter 1104, Estates Code, is amended to read
3370	3370	as follows:
3371	3371	Sec. 1104.404. EXCEPTION FOR INFORMATION CONCERNING CERTAIN
3372	3372	PERSONS. (a) The clerk described by Section 1104.402 is not
3373	3373	required to obtain criminal history record information from the
3374	3374	Department of Public Safety for a person if the Judicial Branch
3375	3375	Certification Commission conducted a criminal history check on the
3376	3376	person under Section 155.203 and Section 155.207[ Chapter 155],
3377	3377	Government Code. However, the clerk shall obtain criminal history
3378	3378	record information from the Federal Bureau of Investigation
3379	3379	identification division relating to each person described in
3380	3380	Section 1104.402 regardless of whether the Judicial Branch
3381	3381	Certification Commission obtained information on such a person.
3382	3382	(b) The commission [board] shall provide to the clerk [at the
3383	3383	court's request] the criminal history record information that was
3384	3384	obtained from the Department of Public Safety[ or the Federal
3385	3385	Bureau of Investigation]. The commission is prohibited from
3386	3386	disseminating criminal history record information that was
3387	3387	obtained from the Federal Bureau of Investigation pursuant to
3388	3388	Section 411.1408, Government Code, for purposes of determining
3389	3389	whether an applicant is ineligible for certification as a guardian.
3390	3390	SECTION 30.03. Chapter 1104, Estates Code, is amended to
3391	3391	read as follows:
3392	3392	Sec. 1104.405. INFORMATION FOR EXCLUSIVE USE OF COURT. (a)
3393	3393	Criminal history record information obtained or provided under
3394	3394	Section 1104.402, [1104.403, ]or 1104.404 is privileged and
3395	3395	confidential and is for the exclusive use of the court. The
3396	3396	criminal history record information may not be released or
3397	3397	otherwise disclosed to any person or agency except on court order
3398	3398	[or consent of the person being investigated]. The court may use
3399	3399	the criminal history record information only in order to determine
3400	3400	whether to:
3401	3401	(1) appoint, remove, or continue the appointment of a
3402	3402	private professional guardian, a guardianship program, or the
3403	3403	Health and Human Services Commission; or
3404	3404	(2) appoint any other person proposed to serve as a
3405	3405	guardian under Title 3, Estates Code, including a proposed
3406	3406	temporary guardian and a proposed successor guardian, other than an
3407	3407	attorney.
3408	3408	(b) The county clerk may destroy the criminal history record
3409	3409	information after the information is used for the purposes
3410	3410	authorized by this subchapter.
3411	3411	SECTION 30.04. Chapter 152, Government Code, is amended to
3412	3412	read as follows:
3413	3413	Sec. 152.203. RULES ON INELIGIBILITY. The supreme court
3414	3414	shall by order adopt rules on applicants' ineligibility for
3415	3415	certification, registration, or licensing under this subtitle
3416	3416	based on the applicant’s[person's] criminal history or other
3417	3417	information that indicates the applicant[person] lacks the
3418	3418	honesty, trustworthiness, or integrity to hold the certification,
3419	3419	registration, or license. The commission shall, in accordance with
3420	3420	this Section and rules adopted by order of the supreme court, obtain
3421	3421	criminal history record information that is maintained by the
3422	3422	Department of Public Safety or the Federal Bureau of Investigation
3423	3423	identification division on each applicant for certification,
3424	3424	registration, or licensing under this subtitle to be used solely
3425	3425	for the determination of each applicant’s ineligibility pursuant to
3426	3426	rules adopted by supreme court order under this Section. The
3427	3427	commission may not use criminal history record information obtained
3428	3428	from the Federal Bureau of Investigation identification division
3429	3429	under the this Section for any other purpose. The commission may
3430	3430	not transfer criminal history record information obtained from the
3431	3431	Federal Bureau of Investigation identification division under this
3432	3432	Section to any other state agency, entity, or person, other than the
3433	3433	person who is the subject of the criminal history record
3434	3434	information. The commission shall dispose of criminal history
3435	3435	record information immediately after each determination of
3436	3436	ineligibility is made.
3437	3437	SECTION 30.05. Chapter 155, Government Code, is amended to
3438	3438	read as follows:
3439	3439	Sec. 155.205. DUTY TO OBTAIN CRIMINAL HISTORY RECORD
3440	3440	INFORMATION. (a) In accordance with the rules adopted by the
3441	3441	supreme court under Section 155.203, the commission shall obtain-
3442	3442	criminal history record information that is maintained by the
3443	3443	Department of Public Safety. The clerk shall obtain criminal
3444	3444	history record information from [or] the Federal Bureau of
3445	3445	Investigation identification division relating to an individual
3446	3446	seeking appointment as a guardian or temporary guardian in
3447	3447	accordance with Subsection (b).
3448	3448	(b) The clerkcommission shall obtain[:
3449	3449	(1)] fingerprint-based criminal history record information
3450	3450	of a proposed guardian if:
3451	3451	(1)[(A)] the liquid assets of the estate of a ward
3452	3452	exceed $50,000; or
3453	3453	(2)[(B)] the proposed guardian is not a resident of
3454	3454	this state.[; or]
3455	3455	(c)[(2)] The commission shall obtain name-based criminal
3456	3456	history record information of a proposed guardian, including
3457	3457	any criminal history record information under the current
3458	3458	name and all former names of the proposed guardian, if:
3459	3459	(1)[(A)] the liquid assets of the estate of a ward are
3460	3460	$50,000 or less; and
3461	3461	(2)[(B)] the proposed guardian is a resident of this
3462	3462	state.
3463	3463	(d) Each proposed guardian described in Subsection (b) shall
3464	3464	file with the commission proof of having submitted to a
3465	3465	fingerprint-based criminal history search.
3466	3466	SECTION 30.06. Chapter 155, Government Code, is amended to
3467	3467	read as follows:
3468	3468	Sec. 155.207. USE OF CRIMINAL HISTORY RECORD INFORMATION.
3469	3469	(a) The commission shall use the criminal history record
3470	3470	information obtained under this subchapter only for a purpose
3471	3471	authorized by this subchapter [or to maintain the registration of a
3472	3472	guardianship under Subchapter D].
3473	3473	(b) A court may use Texas [the] criminal history record
3474	3474	information obtained under this subchapter only in the same manner
3475	3475	and only to the same extent a court is authorized to use the
3476	3476	information under Section 1104.409, Estates Code.
3477	3477	SECTION 30.07. Chapter 411, Government Code, is amended to
3478	3478	read as follows:
3479	3479	Sec. 411.1386. ACCESS TO CRIMINAL HISTORY RECORD
3480	3480	INFORMATION: COURT CLERK; HEALTH AND HUMAN SERVICES COMMISSION;
3481	3481	GUARDIANSHIPS. (a) Except as provided by Subsections (a-1)[,
3482	3482	(a-5),] and (a-4) [(a-6)], the clerk of the county having venue over
3483	3483	a proceeding for the appointment of a guardian under Title 3,
3484	3484	Estates Code, shall in accordance with Section 411.087 obtain from
3485	3485	the department criminal history record information maintained by
3486	3486	the department that relates to:
3487	3487	(1) a private professional guardian;
3488	3488	(2) each person who represents or plans to represent
3489	3489	the interests of a ward as a guardian on behalf of the private
3490	3490	professional guardian;
3491	3491	(3) each person employed by a private professional
3492	3492	guardian who will:
3493	3493	(A) have personal contact with a ward or proposed
3494	3494	ward;
3495	3495	(B) exercise control over and manage a ward's
3496	3496	estate; or
3497	3497	(C) perform any duties with respect to the
3498	3498	management of a ward's estate;
3499	3499	(4) each person employed by or volunteering or contracting
3500	3500	with a guardianship program to provide guardianship services to a
3501	3501	ward of the program on the program's behalf; or
3502	3502	(5) any other person proposed to serve as a guardian
3503	3503	under Title 3, Estates Code, including a proposed temporary
3504	3504	guardian and a proposed successor guardian, other than an attorney.
3505	3505	(a-1) The Health and Human Services Commission shall obtain
3506	3506	from the Department of Public Safety criminal history record
3507	3507	information maintained by the Department of Public Safety that
3508	3508	relates to each individual who is or will be providing guardianship
3509	3509	services to a ward of or referred by the Health and Human Services
3510	3510	Commission, including:
3511	3511	(1) an employee of or an applicant selected for an
3512	3512	employment position with the Health and Human Services Commission;
3513	3513	(2) a volunteer or an applicant selected to volunteer
3514	3514	with the Health and Human Services Commission;
3515	3515	(3) an employee of or an applicant selected for an
3516	3516	employment position with a business entity or other person that
3517	3517	contracts with the Health and Human Services Commission to provide
3518	3518	guardianship services to a ward referred by that commission;
3519	3519	(4) a volunteer or an applicant selected to volunteer
3520	3520	with a business entity or person described by Subdivision (3); and
3521	3521	(5) a contractor or an employee of a contractor who
3522	3522	provides services to a ward of the Health and Human Services
3523	3523	Commission under a contract with the estate of the ward.
3524	3524	(a-2) The information in Subsection (a-1) regarding
3525	3525	applicants for employment positions must be obtained before an
3526	3526	offer of employment, and the information regarding applicant
3527	3527	volunteers must be obtained before the person's contact with a ward
3528	3528	of or referred by the Health and Human Services Commission.
3529	3529	(a-3) The information in Subsection (a-1) regarding
3530	3530	employees, contractors, or volunteers providing guardianship
3531	3531	services must be obtained annually.
3532	3532	(a-4) [The Health and Human Services Commission shall
3533	3533	provide the information obtained under Subsection (a-1) to:
3534	3534	(1) the clerk of the county having venue over the
3535	3535	guardianship proceeding at the request of the court; and
3536	3536	(2) the guardianship certification program of the
3537	3537	Judicial Branch Certification Commission at the request of the
3538	3538	Judicial Branch Certification Commission.
3539	3539	(a-5) Not later than the 10th day before the date of the
3540	3540	hearing to appoint a guardian, a person may submit to the clerk a
3541	3541	copy of the person's criminal history record information required
3542	3542	under Subsection (a)(5) that the person obtains from the department
3543	3543	not earlier than the 30th day before the date of the hearing.
3544	3544	(a-6)] The clerk described by Subsection (a) is not required
3545	3545	to obtain criminal history record information from the Department
3546	3546	of Public Safety for a person if the Judicial Branch Certification
3547	3547	Commission conducted a criminal history check on the person under
3548	3548	Section 155.203 and Section 155.207 [Chapter 155]. The commission
3549	3549	shall provide to the clerk [at the court's request] the criminal
3550	3550	history record information that was obtained from the department
3551	3551	[or the Federal Bureau of Investigation]. The clerk shall in
3552	3552	accordance with Section 411.087 obtain criminal history record
3553	3553	information from the Federal Bureau of Investigation
3554	3554	identification division relating to any person described by
3555	3555	Subsection (a) regardless of whether the Judicial Branch
3556	3556	Certification Commission obtains criminal history record
3557	3557	information relating to such person.
3558	3558	(b) Criminal history record information obtained by or
3559	3559	provided to a clerk under this Section [Subsection (a), (a-5), or
3560	3560	(a-6)] is for the exclusive use of the court and is privileged and
3561	3561	confidential.
3562	3562	(c) Criminal history record information obtained by or
3563	3563	provided to a clerk under this section [under Subsection (a),
3564	3564	(a-5), or (a-6)] may not be released or disclosed to any person or
3565	3565	agency except on court order [or with the consent of the person who
3566	3566	is the subject of the information]. The clerk may destroy the
3567	3567	criminal history record information after the information is used
3568	3568	for the purposes authorized by this section.
3569	3569	(d) [The criminal history record information obtained under
3570	3570	Subsection (a-4) is for the exclusive use of the court or
3571	3571	guardianship certification program of the Judicial Branch
3572	3572	Certification Commission, as appropriate, and is privileged and
3573	3573	confidential. The information may not be released or otherwise
3574	3574	disclosed to any person or agency except on court order, with the
3575	3575	consent of the person being investigated, or as authorized by
3576	3576	Subsection (a-6) or Section 1104.404, Estates Code. The county
3577	3577	clerk or guardianship certification program of the Judicial Branch
3578	3578	Certification Commission may destroy the criminal history record
3579	3579	information after the information is used for the purposes
3580	3580	authorized by this section.
3581	3581	(e)] The court, as that term is defined by Section 1002.008,
3582	3582	Estates Code, shall use the information obtained or provided under
3583	3583	Subsection (a) or (a-4)[, ](a-4)[(1), (a-5), or (a-6)] only in
3584	3584	determining whether to:
3585	3585	(1) appoint, remove, or continue the appointment of a
3586	3586	private professional guardian, a guardianship program, or
3587	3587	the Health and Human Services Commission; or
3588	3588	(2) appoint any other person proposed to serve as a
3589	3589	guardian under Title 3, Estates Code, including a proposed
3590	3590	temporary guardian and a proposed successor guardian, other
3591	3591	than an attorney.
3592	3592	(e)[(f) Criminal history record information obtained by the
3593	3593	guardianship certification program of the Judicial Branch
3594	3594	Certification Commission under Subsection (a-4)(2) may be used for
3595	3595	any purpose related to the issuance, denial, renewal, suspension,
3596	3596	or revocation of a certificate issued by the commission.
3597	3597	(g)] A person commits an offense if the person releases or
3598	3598	discloses any information received under this section without the
3599	3599	authorization prescribed by Subsection (c)[ or (d)]. An offense
3600	3600	under this subsection is a Class A misdemeanor.
3601	3601	(f)[(h)] The county clerk may charge a $10 fee to recover the
3602	3602	costs of obtaining criminal history information recordscriminal
3603	3603	history record information authorized by Subsection (a).
3604	3604	(g) A clerk is liable to those damaged if damage or loss
3605	3605	results to a guardianship or ward because of the neglect or failure
3606	3606	of the clerk to obtain criminal history record information as
3607	3607	required by Subsection (a).
3608	3608	[(i) This section does not prohibit the Health and Human
3609	3609	Services Commission from obtaining and using criminal history
3610	3610	record information as provided by other law.]
3611	3611	SECTION 30.08. Chapter 411, Government Code, is amended to
3612	3612	read as follows:
3613	3613	Sec. 411.1408. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
3614	3614	JUDICIAL BRANCH CERTIFICATION COMMISSION. (a) In this section,
3615	3615	"commission" means the Judicial Branch Certification Commission
3616	3616	established under Chapter 152.
3617	3617	(b) In accordance with Section 411.087, the[The] commission
3618	3618	is entitled to obtain from the department criminal history record
3619	3619	information maintained by the department that relates to a person
3620	3620	who is an applicant for or the holder of a certificate,
3621	3621	registration, or license issued by the commission or otherwise
3622	3622	under Subtitle L, Title 2. The commission may not disseminate
3623	3623	criminal history record information obtained from the Federal
3624	3624	Bureau of Investigation.
3625	3625	(c) Criminal history record information obtained by the
3626	3626	commission under Subsection (b):
3627	3627	(1) may be used by the commission for any purpose
3628	3628	related to the issuance, denial, suspension, revocation, or
3629	3629	renewal of a certificate, registration, or license issued by
3630	3630	the commission or otherwise under Subtitle L, Title 2;
3631	3631	(2) may not be released or disclosed to any person
3632	3632	except:
3633	3633	(A) on court order; or
3634	3634	(B) [with the consent of the person who is the
3635	3635	subject of the information; or]
3636	3636	(C) as authorized by Section
3637	3637	411.1386(a-4)[(a-6)] of this code or Section 1104.404,
3638	3638	Estates Code, if applicable; and
3639	3639	(3) shall be destroyed by the commission after the
3640	3640	information is used for the authorized purposes.
3641	3641	SECTION 30.09. Chapter 411, Government Code, is amended to
3642	3642	read as follows:
3643	3643	Sec. 411.1409. ACCESS TO CRIMINAL HISTORY INFORMATION:
3644	3644	APPELLATE COURTS. (a) In this section, "appellate court" means the
3645	3645	Supreme Court of Texas, the Texas Court of Criminal Appeals, or a
3646	3646	court of appeals.
3647	3647	(b) As authorized by Section 411.087, an[An] appellate court
3648	3648	is entitled to obtain from the department criminal history record
3649	3649	information maintained by the department that relates to a person
3650	3650	who is an applicant for:
3651	3651	(1) employment with the court;
3652	3652	(2) a volunteer position with the court; or
3653	3653	(3) an appointment made by the court.
3654	3654	(c) Criminal history record information obtained by the
3655	3655	court under Subsection (b) may be used only to evaluate an
3656	3656	applicant.
3657	3657	(d) The court may not release or disclose information
3658	3658	obtained under Subsection (b) except on order of a district court
3659	3659	[or with the consent of the person who is the subject of the
3660	3660	criminal history record information]. Despite the issuance of an
3661	3661	order by a district court, the court may not disseminate criminal
3662	3662	history record information obtained from the Federal Bureau of
3663	3663	Investigation.
3664	3664	(e) After the expiration of any probationary term of the
3665	3665	person's employment, volunteer status, or appointment, the court
3666	3666	shall destroy all criminal history record information obtained
3667	3667	under Subsection (b).
3668	3668	SECTION 28.10. Sections 1104.403, 1104.407, 1104.408, and
3669	3669	1104.410, Estates Code, are repealed.
3670	3670	ARTICLE 31. EFFECTIVE DATE
3671	3671	SECTION 28.01. Except as otherwise provided by this Act,
3672	3672	this Act takes effect September 1, 2023.