By: Zaffirini S.B. No. 1785
A BILL TO BE ENTITLED
AN ACT
relating to the dissemination of criminal history record
information by the Department of Public Safety.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. GENERAL PROVISIONS AND DEPARTMENT OF PUBLIC SAFETY
SECTION 1.01. This Act pertains to the authority for Texas
and national criminal history record information to be released to
state agencies and those agencies’ handling of the information.
SECTION 1.02. Section 411.082(2) – (6), Government Code, is
amended to add new section (2) and renumber subsequent sections
accordingly to read as follows:
(2) “Applicant” means an individual who submits an
application for employment, licensure, certification, or
registration which requires a background check using criminal
history record information by the department.
(3) ”Application” means an individual who submits an
application either by hard copy or electronically for employment,
licensure, certification, or registration which requires a
background check using criminal history record information by the
department.
(24) "Criminal history record information" means
information collected about a person by a criminal justice agency
that consists of identifiable descriptions and notations of
arrests, detentions, indictments, informations, and other formal
criminal charges and their dispositions. The term does not
include:
(A) identification information, including
fingerprint records, to the extent that the identification
information does not indicate involvement of the person in the
criminal justice system; or
(B) driving record information maintained by the
department under Subchapter C, Chapter 521, Transportation Code.
(35) "Criminal justice agency" means:
(A) a federal or state agency that is engaged in
the administration of criminal justice under a statute or executive
order and that allocates a substantial portion of its annual budget
to the administration of criminal justice; or
(B) a nongovernmental railroad or campus police
department that has obtained an originating agency identifier from
the Federal Bureau of Investigation.
(46) "Criminal justice purpose" means:
(A) an activity that is included in the
administration of criminal justice; or
(B) screening of applicants for employment
with a criminal justice agency.
(57) "Office of capital and forensic writs" means the
office of capital and forensic writs established under Subchapter
B, Chapter 78.
(68) "Public defender's office" has the meaning
assigned by Article 26.044(a), Code of Criminal Procedure.
Section 1.03. Section 411.891, Government Code, is amended
to read as follows:
Sec. 411.0891. DEPARTMENT ACCESS TO CRIMINAL HISTORY
RECORD INFORMATION: CERTAIN DEPARTMENTAL AUTHORIZATIONS. (a)
Subject to Section 411.087, the department is authorized to obtain
and use criminal history record information maintained by the
Federal Bureau of Investigation or the department that relates to a
person who:
(1) is an applicant for or holds a registration issued
by the director under Subchapter C, Chapter 481, Health and Safety
Code, that authorizes the person to manufacture, distribute,
analyze, or conduct research with a controlled substance;
(2) is an applicant for or holds a registration issued
by the department under Chapter 487, Health and Safety Code, to be a
director, manager, or employee of a dispensing organization, as
defined by Section 487.001, Health and Safety Code;
(3) is an applicant for or holds an authorization
issued by the department under Section 521.2476, Transportation
Code, to do business in this state as a vendor of ignition interlock
devices;
(4) is an applicant for or holds certification by the
department as an inspection station or an inspector under
Subchapter G, Chapter 548, Transportation Code, holds an inspection
station or inspector certificate issued under that subchapter, or
is the owner of an inspection station operating under that chapter;
or
(5) is an applicant for or holds a certificate of
registration issued by the department under Chapter 1956,
Occupations Code, to act as a metal recycling entity.
(6) is an applicant for or holds a license to carry a
handgun issued by the department under Subchapter H, Chapter 411,
Government Code, or is an applicant for or holds a certification as
an instructor issued by the department under that chapter;
(7) is an applicant for or holds a capitol access pass
issued by the department under Section 411.0625, Government Code;
(8) is an applicant for or holds a license or commission
issued by the department under Chapter 1702, Occupations Code;
(b) The department may release or disclose Texas criminal
history record information obtained or used by the department for a
purpose described by Subsection (a) to another person or agency
only:
(1) in a criminal proceeding;
(2) in a hearing conducted by the department;
(3) under an order from a court; or
(4) with the consent of the person who is the subject of
the criminal history record information.
(c) This section may not be construed to limit the authority
of the department to disseminate criminal history record
information as provided by Section 411.083.
(d) The department may require any person for whom the
department is authorized to obtain and use criminal history record
information maintained by the Federal Bureau of Investigation or
the department under Subsection (a) to submit a complete and
legible set of fingerprints to the department on a form prescribed
by the department for the purpose of obtaining criminal history
record information.
(e) Criminal history record information obtained from the
Federal Bureau of Investigation shall not be disseminated.
Section 1.04. Section 411.122(d), Government Code, is
amended to read as follows:
(d) The following state agencies are subject to this
section:
(1) Texas Appraiser Licensing and Certification Board;
(2) Texas Board of Architectural Examiners;
(3) Texas Board of Chiropractic Examiners;
(4) State Board of Dental Examiners;
(5) Texas Board of Professional Engineers;
(6) Texas Funeral Service Commission;
(7) Texas Board of Professional Geoscientists;
(8) Health and Human Services Commission, except as
provided by Section 411.110, and agencies attached to the
commission;
(9) Texas Board of Professional Land Surveying;
(10) Texas Department of Licensing and Regulation,
except as provided by Section 411.093;
(11) Texas Commission on Environmental Quality;
(12) Texas BoardExecutive Council of Physical Therapy
and Occupational Therapy Examiners;
(13) Texas Optometry Board;
(14) Texas State Board of Pharmacy;
(15) Texas Board of Physical Therapy Examiners;
(16) Texas State Board of Plumbing Examiners;
(176) Texas Behavioral Health Executive Council;
(187) Texas Real Estate Commission;
(19) Texas Department of Transportation;
(2018) State Board of Veterinary Medical Examiners;
(2119) Texas Department of Housing and Community
Affairs;
(220) secretary of state;
(231) state fire marshal;
(242) Texas Education Agency;
(253) Department of Agriculture; and
(264) Texas Department of Motor Vehicles.
ARTICLE 2. TEXAS APPRAISAL DISTRICT, APPOINTMENT TO APPRAISAL
REVIEW BOARD, AND TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD
SECTION 2.01. Section 411.1296, Government Code, is amended
to read as follows:
Sec. 411.1296. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: EMPLOYMENT BY APPRAISAL DISTRICT,AND APPOINTMENT TO
APPRAISAL REVIEW BOARD, AND APPLICANT TO TEXAS APPRAISER LICENSING
AND CERTIFICATION BOARD. (a) Except as provided by Subsection (b),
an appraisal district established by Section 6.01, Tax Code and the
Texas Appraiser Licensing and Certification Board, isare entitled
to obtain from the department criminal history record information
maintained by the department that relates to a person who is an
applicant for employment by the appraisal district,or for
appointment to the appraisal review board for the appraisal
district, or a license or certification as an appraiser trainee,
licensed residential appraiser, certified residential appraiser,
certified general appraisal, or an appraisal management company
regulated by the Texas Appraiser Licensing and Certification Board.
(b) An appraisal district is not entitled to obtain under
this section any information about a person if the appraisal
district is entitled to obtain under another section of this
subchapter any criminal history record information about the
person.
(c) The appraisal district may provide Texas criminal
history record information obtained under this section to the local
administrative district judge or to the appraisal review board
commissioners appointed by the local administrative district
judge.
(d) Texas criminal history record information obtained by an
appraisal district or the Texas Appraiser Licensing and
Certification Board under Subsection (a) related to an applicant
for employment by the appraisal district, appointment to the
appraisal review board for the appraisal district, or a license or
certification as an appraiser trainee, licensed residential
appraiser, certified residential appraiser, certified general
appraisal, or an appraisal management company regulated by the
Texas Appraiser Licensing and Certification Board may not be
released or disclosed to any person except on court order, with the
written consent of the person or entity that is the subject of the
criminal history record information, or as provided by Subsection
(c).
(e) After an individual is employed, licensed, or certified
as described in this section, an appraisal district or the Texas
Appraiser Licensing and Certification Board shall destroy the
criminal history record information that relates to that
individual. An appraisal district or the Texas Appraiser Licensing
and Certification Board shall destroy the criminal history record
information that relates to:
(1) an applicant for licensure under (a);
(2) an applicant for employment with an appraisal
district or the Texas Appraiser Licensing and Certification Board
after that applicant is employed or, for an applicant who is not
employed, after the check of the criminal history record
information on that applicant is completed.
(f) An appraisal district or the Texas Appraiser Licensing
and Certification Board shall destroy criminal history record
information that relates to an applicant who is not licensed or
employed, as applicable.
(g) An appraisal district or the Texas Appraiser Licensing
and Certification Board is not prohibited from disclosing Texas
criminal history record information obtained under Subsection (a)
in a criminal proceeding or in a hearing conducted by an appraisal
district or the Texas Appraiser Licensing and Certification Board.
(h) In accordance with Section 411.087, an appraisal district
or the Texas Appraiser Licensing and Certification Board may obtain
criminal history record information from the Federal Bureau of
Investigation identification division through the department.
(i) Criminal history record information obtained by the
Federal Bureau of Investigation shall not be disseminated.
ARTICLE 3. TEXAS BOARD OF ARCHITECTURAL EXAMINERS
SECTION 3.01. Chapter 411, Government Code, is amended by
adding Section 411.### to read as follows:
Sec. 411.###. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: TEXAS BOARD OF ARCHITECTURAL EXAMINERS. (a) The
Texas Board of Architectural Examiners is entitled to obtain from
the department criminal history record information maintained by
the department that relates to:
(1) a person who is:
(A) an applicant for an architectural
registration under Texas Occupations Code Chapter 1051; or
(B) the holder of an architectural registration
under that Chapter;
(2) a person who is:
(A) an applicant for a landscape architectural
registration under Texas Occupations Code Chapter 1052; or
(B) the holder of a landscape architectural
registration under that Chapter; or
(3) a person who is:
(A) an applicant for an interior design
registration under Texas Occupations Code Chapter 1053; or
(B) the holder of an interior design registration
under that Chapter.
(b) Texas criminal history record information obtained by the
Texas Board of Architectural Examiners under Subsection (a) may not
be released or disclosed to any person except on court order or as
provided by Subsection (f).
(c) After a person is registered, the Texas Board of
Architectural Examiners shall destroy the criminal history record
information that relates to that person.
(d) If the Texas Board of Architectural Examiners receives
updated criminal history record information from the department
that relates to a person who holds an architectural, landscape
architectural, or interior design registration, the Texas Board of
Architectural Examiners shall destroy the criminal history record
information after the check of the criminal history record
information on that registration holder is completed.
(e) The Texas Board of Architectural Examiners shall destroy
criminal history record information that relates to an applicant
who is not registered.
(f) The Texas Board of Architectural Examiners is not
prohibited from disclosing criminal history record information
obtained under Subsection (a) in a criminal proceeding or in a
hearing conducted by the Texas Board of Architectural Examiners or
the State Office of Administrative Hearings, as applicable.
(g) In accordance with Section 411.087 and/or Texas
Occupations Code Section 1051.3041, the Texas Board of
Architectural Examiners shall obtain criminal history record
information from the Federal Bureau of Investigation
identification division for all applicants and holders of
architectural, landscape architectural, and interior design
registrations.
(h) Criminal history record information obtained by the
Federal Bureau of Investigation shall not be disseminated.
ARTICLE 4. HEALTH AND HUMAN SERVICES COMMISSION: OFFICE OF
INSPECTOR GENERAL
SECTION 4.01. Section 411.1143, Government Code, is amended
to read as follows:
Sec. 411.1143. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION; AGENCIES OPERATING PART OF MEDICAL ASSISTANCE
PROGRAM. (a) The Health and Human Services Commission, an agency
operating part of the medical assistance program under Chapter 32,
Human Resources Code, or the office of inspector general
established under Chapter 531, Government Code, is entitled to
obtain from the department the criminal history record information
maintained by the department that relates to a provider under the
medical assistance program or a person applying to enroll as a
provider under the medical assistance program.
(a-1) Criminal history record information an agency or the
office of inspector general is authorized to obtain under
Subsection (a) includes criminal history record information
relating to:
(1) a person with a direct or indirect ownership or
control interest, as defined by 42 C.F.R. Section 455.101, in a
provider of five percent or more; and
(2) a person whose information is required to be
disclosed in accordance with 42 C.F.R. Part 1001.
(b) Texas criminal history record information obtained by
the commission or an agency under Subsection (a):
(1) may not be released or disclosed to any person
except in a criminal proceeding, in an administrative proceeding,
on court order, or with the written consent of the provider or
applicant; and
(2) must be destroyed after it has been used to
determine the eligibility of the provider or applicant to be a
provider under Chapter 32, Human Resources Code.
(c) In accordance with Section 411.087, the commission or an
agency under Subsection (a) may obtain criminal history record
information from the Federal Bureau of Investigation
identification division.
(d) Criminal history record information obtained by the
Federal Bureau of Investigation shall not be disseminated.
ARTICLE 5. STATE OFFICE OF ADMINISTRATIVE HEARINGS
SECTION 5.01. Subchapter F, Chapter 411, Government Code, is
amended by adding Section 411.1411 to read as follows:
Sec. 411.1411. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: STATE OFFICE OF ADMINISTRATIVE HEARINGS. (a) In this
section, "office" means the State Office of Administrative
Hearings.
(b) The office is entitled to obtain from the department
criminal history record information maintained by the department
that relates to a person who is:
(1) an employee of, or an applicant for employment
with, the office;
(2) a contractor, volunteer, or intern of the office,
or an applicant to serve in one of those capacities; or
(3) a current or proposed contractor or subcontractor
of the office.
(c) Texas criminal history record information obtained by
the office under Subsection (b) may not be released or disclosed to
any person except by court order or with the written consent of the
person who is the subject of the criminal history record
information.
(d) The office shall destroy criminal history record
information obtained under Subsection (b) that relates to:
(1) an applicant for employment after that applicant is
employed or, for an applicant who is not employed, after a final
employment determination on that applicant is made; or
(2) an employee, contractor, volunteer, or intern of
the office, after the check of the criminal history record
information on that person or entity is completed.
(e) In accordance with Section 411.087, the office may
obtain criminal history information from the Federal Bureau of
Investigation identification division.
(f) Criminal history record information obtained by the
office from the Federal Bureau of Investigation shall not be
disseminated.
ARTICLE 6. TEXAS ALCOHOLIC BEVERAGE COMMISSION
SECTION 6.01. Chapter 411, Government Code, is amended by
adding Section 411.XXX to read as follows:
Sec. 411.XXX. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION
OF THE FEDERAL BUREAU OF INVESTIGATION: TEXAS ALCOHOLIC BEVERAGE
COMMISSION. (a) Subject to Section 411.087 and Public Law 92-544,
the Texas Alcoholic Beverage Commission is authorized to obtain and
use criminal history record information maintained by the Federal
Bureau of Investigation that relates to a person who is an applicant
for or holds a license, permit, or certificate under the Texas
Alcoholic Beverage Code.
(b) Criminal history record information obtained by the
commission under this section may only be released or disclosed as
provided in Section 411.084(b).
(c) This section may not be construed to limit the
commission’s ability to obtain criminal history record information
for criminal justice purposes or as otherwise authorized by other
law.
(d) The commission may require any person for whom the
commission is authorized to obtain and use criminal history record
information under Subsection (a) to submit a complete and legible
set of fingerprints to the commission on a form prescribed by the
commission for the purpose of obtaining criminal history record
information.
ARTICLE 7. TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL
SECTION 7.01. Chapter 411, Government Code, is amended by
adding Section 411.XXX to read as follows:
SECTION 411.XXX. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL. (a) The
executive council is entitled to obtain from the Department of
Public Safety of the State of Texas, criminal history record
information maintained by the department that relates to a person
who is an applicant for or licensed as:
(1) a licensed psychologist, licensed psychological
associate, or licensed specialist in school psychology under
Chapter 501 of the Occupations Code;
(2) a licensed marriage and family therapist or
licensed marriage and family therapist associate under Chapter 502
of the Occupations Code;
(3) a licensed professional counselor or licensed
professional counselor associate under Chapter 503 of the
Occupations Code; or
(4) a licensed baccalaureate social worker, licensed
master social worker, or licensed clinical social worker under
Chapter 505 of the Occupations Code.
(b) Texas criminal history record information obtained by
the executive council under subsection (a) may not be released or
disclosed to any person except on court order, with the written
consent of the person that is the subject of the criminal history
record information, or as provided by Subsection (f).
(c) After a person is licensed, the executive council shall
destroy the criminal history record information that relates to
that person.
(d) The executive council shall destroy criminal history
record information that relates to an applicant who is not
licensed.
(e) After a license has been renewed or denied renewal, the
executive council shall destroy criminal history record
information that relates to the license holder renewing or
attempting to renew the license.
(f) The executive council is not prohibited from disclosing
criminal history record information obtained under Subsection (a)
in a criminal proceeding or in a hearing conducted by the executive
council or State Office of Administrative Hearings.
(g) In accordance with Section 411.087 of the Government
Code, the executive council shall obtain criminal history record
information from the Federal Bureau of Investigation
identification division by fingerprint submission.
(h) Criminal history record information obtained from the
Federal Bureau of Investigation shall not be disseminated.
ARTICLE 8. TEXAS DEPARTMENT OF MOTOR VEHICLES
SECTION 8.01. Chapter 411, Government Code, is amended by
adding Section 411.### to read as follows:
Sec. 411.###. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
TEXAS DEPARTMENT OF MOTOR VEHICLES. (a) The Texas Department of
Motor Vehicles is entitled to obtain from the department criminal
history record information maintained by the department that
relates to a person who is:
(1) an applicant for or holds a general distinguishing
number under Chapter 503, Transportation Code;
(2) an applicant for or holds a license under Chapter
2301 or Chapter 2302, Occupations Code; or
(3) an officer, director, member, manager, principal,
partner, trustee, or other person acting in a representative
capacity for an applicant, general distinguishing number holder, or
license holder and whose act or omission would be cause for denying,
revoking, or suspending a general distinguishing number or license
issued under Chapter 503, Transportation Code or Chapter 2301 or
Chapter 2302, Occupations Code.
(b) Texas criminal history record information obtained by
the Texas Department of Motor Vehicles under Subsection (a) may not
be released or disclosed to any person except on court order, with
the written consent of the person or entity that is the subject of
the criminal history record information, or as provided by
Subsection (c).
(c) The Texas Department of Motor Vehicles is not prohibited
from disclosing Texas criminal history record information obtained
under Subsection (a) in a criminal proceeding or in a hearing in
which the Texas Department of Motor Vehicles is a party.
(d) In accordance with Section 411.087, the Texas Department
of Motor Vehicles may obtain criminal history record information
from the Federal Bureau of Investigation identification division.
(e) Criminal history record information obtained from the
Federal Bureau of Investigation shall not be disseminated.
ARTICLE 9. TEXAS REAL ESTATE COMMISSION
SECTION 9.01. Chapter 411, Government Code, is amended by
adding Section 411.### to read as follows:
Sec. 411.###. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
TEXAS REAL ESTATE COMMISSION AND TEXAS APPRAISER LICENSING AND
CERTIFICATION BOARD. (a) In this section:
(1) “Commission” means the Texas Real Estate
Commission.
(2) “Board” means the Texas Appraiser Licensing and
Certification Board.
(b) The commission is entitled to obtain from the department
criminal history record information maintained by the department
that relates to:
(1) an applicant for an initial broker or sales agent
license or renewal of a broker or sales agent license under Chapter
1101, Occupations Code;
(2) an applicant for an original certificate of
registration as an easement or right-of-way agent or renewal of a
certificate of registration as an easement or right-of-way agent
under Chapter 1101, Occupations Code; or
(3) an applicant for an apprentice inspector license, a
real estate inspector license, or a professional inspector license
or renewal of an apprentice inspector license, a real estate
inspector license, or a professional inspector license under
Chapter 1102, Occupations Code.
(c) The board is entitled to obtain from the department
criminal history record information maintained by the department
that relates to:
(1) an applicant for an appraiser trainee license, a
residential appraiser license, a residential appraiser certificate
or a general appraiser certificate or renewal of an appraiser
trainee license, a residential appraiser license, a residential
appraiser certificate, or general appraiser certificate under
Chapter 1103, Occupations Code; or
(2) an applicant for registration or renewal of a
registration as an appraisal management company under Chapter 1104,
Occupations Code.
(d) Neither the commission or the board is prohibited from
disclosing Texas criminal history record information obtained
under Subsections (b) or (c) in a criminal proceeding or in a
hearing conducted by the State Office of Administrative Hearings.
(e) In accordance with Section 411.087, and Sections
1101.3521, 1101.4521, 1101.5041, 1102.1051, and 1103.2031
Occupations Code, both the commission and board may obtain criminal
history record information from the Federal Bureau of Investigation
identification division.
(f) Criminal history record information obtained by the
Federal Bureau of Investigation shall not be disseminated.
SECTION 9.02. Sec. 1101.002, Occupations Code, is amended by
adding new subdivision (3-a) as follows:
(3-a) “Easement or right-of-way agent” means a person
who sells, buys, leases, or transfers an easement or right-of-way
for another, for compensation or with the expectation of receiving
compensation, for use in connection with telecommunication,
utility, railroad, or pipeline service.
SECTION 9.03. Sec. 1101.501, Occupations Code, is amended as
follows:
Sec. 1101.501. CERTIFICATE REQUIRED. A person may not act as
an easement or right-of-way agent [sell, buy, lease, or transfer an
easement or right-of-way for another, for compensation or with the
expectation of receiving compensation, for use in connection with
telecommunication, utility, railroad, or pipeline service] unless
the person:
(1) holds a license issued under this chapter; or
(2) holds a certificate of registration issued under
this subchapter.
SECTION 9.04. Sec. 1101.5041, Occupations Code, is amended as
follows:
Sec. 1101.5041. CRIMINAL HISTORY RECORD INFORMATION
REQUIREMENT FOR CERTIFICATE. An applicant for an original
certificate of registration as an easement or right-of-way agent or
renewal of a certificate of registration as an easement or
right-of-way agent must comply with the criminal history record
check requirements of Section 1101.3521.
ARTICLE 10. TEXAS STATE BOARD OF PLUMBING EXAMINERS
SECTION 10.01. Chapter 411, Government Code, is amended by
adding Section 411.XXX to read as follows:
Sec. 411.XXX. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: Texas State Board of Plumbing Examiners. (a) The
Texas State Board of Plumbing Examiners is entitled to obtain from
the department criminal history record information maintained by
the department that relates to an applicant for a license,
registration, endorsement, or certificate under Chapter 1301,
Texas Occupations Code, Plumbing License Law (PLL) including Master
Plumber, Journeyman Plumber, Plumbing Inspector, Tradesman-Plumber
Limited, Plumber’s Apprentice, Medical Gas Piping Installation
Endorsement, Multipurpose Residential Fire Protection Sprinkler
Specialist Endorsement, and Water Supply Protection Specialist
Endorsement.
(b) Texas criminal history record information obtained by
the Texas State Board of Plumbing Examiners under Subsection (a)
may not be released or disclosed to any person except on court
order, with the written consent of the person or entity that is the
subject of the criminal history record information, or as provided
by Subsection (e).
(c) After the applicant is licensed, registered, endorsed,
or certified, the Texas State Board of Plumbing Examiners shall
destroy the criminal history record information that relates to
that applicant.
(d) The Texas State Board of Plumbing Examiners may destroy
criminal history record information that relates to an applicant
who is not licensed, registered, endorsed, or certified, as
applicable.
(e) The Texas State Board of Plumbing Examiners is not
prohibited from disclosing Texas criminal history record
information obtained under Subsection (a) in a criminal proceeding
or in a hearing conducted by the Texas State Board of Plumbing
Examiners.
(f) In accordance with Section 411.087 and Chapter 1301,
Texas Occupations Code, the Texas State Board of Plumbing Examiners
shall obtain criminal history record information from the Federal
Bureau of Investigation identification division.
(g) Criminal history record information obtained by the
Federal Bureau of Investigation shall not be disseminated.
ARTICLE 11. TEXAS BOARD OF CHIROPRACTIC EXAMINERS
SECTION 11.01. Chapter 411, Government Code, is amended by
adding Section 411.XXX to read as follows:
Sec. 411.XXX. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
TEXAS BOARD OF CHIROPRACTIC EXAMINERS. (a) The Texas Board of
Chiropractic Examiners are entitled to obtain from the department
criminal history record information maintained by the department
that relates to:
(1) a person who is an applicant for a license or
registration under Texas Occupations Code Chapter 201; or
(2) the holder of a license or registration under Texas
Occupations Code Chapter 201.
(b) Texas criminal history record information obtained by
the Texas Board of Chiropractic Examiners under Subsection (a) may
not be released or disclosed to any person except on court order,
with the written consent of the person or entity that is the subject
of the criminal history record information, or as provided by
Subsection (e).
(c) After an entity is licensed or registered, the Texas
Board of Chiropractic Examiners shall destroy the criminal history
record information that relates to that entity.
(d) The Texas Board of Chiropractic Examiners shall destroy
criminal history record information that relates to an applicant
who is not licensed or registered, as applicable.
(e) The Texas Board of Chiropractic Examiners is not
prohibited from disclosing Texas criminal history record
information obtained under Subsection (a) in a criminal proceeding
or in a hearing conducted under the authority of the Texas Board of
Chiropractic Examiners.
(f) In accordance with Section 411.087, the Texas Board of
Chiropractic Examiners shall obtain criminal history record
information from the Federal Bureau of Investigation
identification division.
(g) Criminal history record information obtained by the
Federal Bureau of Investigation shall not be disseminated.
ARTICLE 12. TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY
SECTION 12.01. Section 411.105, Government Code, is amended
to read as follows:
Sec. 411.105. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY. (a) The Texas State Board
of Public Accountancy is entitled to obtain from the department and
the Federal Bureau of Investigation, pursuant to 901.169 of the
Public Accountancy Act, Chapter 901 Occupations Code, criminal
history record information maintained by the department and the
Federal Bureau of Investigation that relates toa person who is:
(1) an individual, pursuant to Chapter 901 of the
Occupations Code, who is:
(A) an applicant for certification as a certified
public accountant under Chapter 901, Occupations Code; or an
applicant to take the uniform CPA examination under that Act.;
(B) an applicant to be certified;
(C) an applicant to be licensed;
(D) an applicant to be reinstated;
(E) an applicant to have a license renewed;
(F) an applicant to become a non-CPA owner of a CPA
firm; or
(G) a license holder or non-CPA owner of a CPA
firm.
(b) Texas criminal history record information obtained by
the board under Subsection (a) shall not be released or disclosed to
any person except on court order, with the written consent of the
person that is the subject of the criminal history record
information, or as provided by Subsection (d).
(c) After an individual’s application is approved or denied,
or an investigation completed, the board shall destroy the criminal
history record information that relates to that individual.
(d) The board is not prohibited from disclosing Texas
criminal history record information obtained under Subsection (a)
in a criminal proceeding or in a hearing conducted by or on behalf
of the board.
(e) Criminal history record information obtained by the
Federal Bureau of Investigation shall not be disseminated.
ARTICLE 13. TEXAS OPTOMETRY BOARD
SECTION 13.01. Chapter 411, Government Code, is amended by
adding Section 411. ### to read as follows:
Sec. 411.###. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: Texas Optometry Board. (a) The Texas Optometry Board
is entitled to obtain from the department criminal history record
information maintained by the department that relates to:
(1) a person who is:
(A) an applicant for a license under Section
351.251, Texas Occupations Code; or
(B) the holder of a license under Section
351.302, Texas Occupations Code.
(b) Texas criminal history record information obtained by
the Texas Optometry Board under Subsection (a) shall not be
released or disclosed to any person except on court order, with the
written consent of the person or entity that is the subject of the
criminal history record information, or as provided by Subsection
(e).
(c) After a person is licensed, the Texas Optometry Board
shall destroy the criminal history record information that relates
to that person.
(d) The Texas Optometry Board shall destroy criminal history
record information that relates to an applicant who is not
licensed, as applicable.
(e) The Texas Optometry Board is not prohibited from
disclosing Texas criminal history record information obtained
under Subsection (a) in a criminal proceeding or in a hearing
conducted by the Texas Optometry Board.
(g) In accordance with Section 411.087, Sec. 351.2525, Texas
Occupations Code, and Sec. 351.3045, Texas Occupations Code, the
Texas Optometry Board shall obtain criminal history record
information from the Federal Bureau of Investigation
identification division.
(h) Criminal history record information obtained by the
Federal Bureau of Investigation shall not be disseminated.
ARTICLE 14. EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND OCCUPATIONAL
THERAPY EXAMINERS
SECTION 14.01. Chapter 411, Government Code, is amended by
adding Section 411.XXX to read as follows:
Sec. 411.###. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND OCCUPATIONAL THERAPY
EXAMINERS.
(a) The Executive Council of Physical Therapy and
Occupational Therapy Examiners is entitled to obtain from the
department criminal history record information maintained by the
department that relates to a person who is:
(1) an applicant for or the holder of a physical
therapist or physical therapist assistant license under Chapter
453, Occupations Code; or
(2) an applicant for or the holder of an
occupational therapist or occupational therapy assistant license
under Chapter 454, Occupations Code.
(b) Texas criminal history record information obtained
by the Executive Council of Physical Therapy and Occupational
Therapy Examiners under Subsection (a) may not be released or
disclosed to any person except on court order, with the written
consent of the person who is the subject of the criminal history
record information, or as provided by Subsection (f).
(c) After a person is licensed, the Executive Council
of Physical Therapy and Occupational Therapy Examiners shall
destroy the criminal history record information that relates to
that person.
(d) The Executive Council of Physical Therapy and
Occupational Therapy Examiners shall destroy criminal history
record information that relates to an applicant who is not
licensed.
(e) After a license has been renewed or denied renewal,
the Executive Council of Physical Therapy and Occupational Therapy
Examiners shall destroy criminal history record information that
relates to the license holder who is renewing or attempting to renew
the license.
(f) The Executive Council of Physical Therapy and
Occupational Therapy Examiners is not prohibited from disclosing
Texas criminal history record information obtained under
Subsection (a) in a criminal proceeding or in a hearing conducted by
the Executive Council of Physical Therapy and Occupational Therapy
Examiners.
(g) In accordance with Section 411.087, the Executive
Council of Physical Therapy and Occupational Therapy Examiners
shall obtain criminal history record information from the Federal
Bureau of Investigation identification division.
(h) Criminal history record information obtained by the
Federal Bureau of Investigation shall not be disseminated.
ARTICLE 15. HEALTH AND HUMAN SERVICES
SECTION 15.01. Section 411.110, Government Code, is amended
to read as follows:
Sec. 411.110. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
DEPARTMENT OF STATE HEALTH SERVICES AND HEALTH AND HUMAN SERVICES
COMMISSION. (a) The Department of State Health Services and the
Health and Human Services Commission are entitled to obtain from
the department criminal history record information maintained by
the department that relates to a person who is required to be
fingerprinted and:
(1) the a person who is:
(A) an applicant for a license or certificate
under the Emergency Health Care Act (Chapter 773,
Health and Safety Code);
(B) an owner or manager of an applicant for an
emergency medical services provider license under
that Act; or
(C) the holder of a license or certificate under
that Act;
(2) is an applicant for a license or a license holder
under Subchapters I, L or N, Chapter 431, Health and
Safety Code;
(3) is an applicant for employment at or current
employee of:
(A) a public health hospital as defined by Section
13.033, Health and Safety Code; or
(B) the South Texas Health Care System;
(4) is an applicant for employment at, current employee
of, or person who contracts or may contract to provide goods
or services with the Council on Sex Offender Treatment or
other division or component of the Health and Human Services
Commission that monitors sexually violent predators as
described by Section 841.003(a), Health and Safety Code; or
(5) is a person authorized to access vital records or
the vital records electronic registration system under
Chapter 191, Health and Safety Code, including an employee of
or contractor for the Department of State Health Services, a
local registrar, a medical professional, or a funeral
director.; or
(6) is an applicant for a license or a license holder
under Subchapter C, Chapter 443, Health and Safety Code.
(b) Texas Ccriminal history record information obtained by
the Department of State Health Services or the Health and Human
Services Commission under Subsection (a) may not be released or
disclosed to any person except:
(1) on court order,
(2) with the written consent of the person or entity
that is the subject of the criminal history record information,
(3) by either the Department of State Health Services or
the Health and Human Services Commission that is sharing with the
other agency information obtained under this section for the
purposes authorized by this section; or
(4)or as provided by Subsection (ec).
(c) After an entity is licensed or certified, the Department
of State Health Services or the Health and Human Services
Commission, as applicable, shall destroy the criminal history
record information that relates to that entity. The Department of
State Health Services or the Health and Human Services Commission,
as applicable, shall destroy the criminal history record
information that relates to:
(1) an applicant for employment after that applicant is
employed or, for an applicant who is not employed, after the check
of the criminal history record information on that applicant is
completed; or
(2) an employee or contractor after the check of the
criminal history record information on that employee or contractor
is completed.
(d) The Department of State Health Services or the Health and
Human Services Commission, as applicable, shall destroy criminal
history record information that relates to an applicant who is not
certified or employed, as applicable.
(e) The Department of State Health Services or the Health and
Human Services Commission is not prohibited from disclosing Texas
criminal history record information obtained under Subsection (a)
in a criminal proceeding or in a hearing conducted by the Department
of State Health Services or the Health and Human Services
Commission, as applicable.
(f) The Department of State Health Services or the Health and
Human Services Commission may not consider offenses described by
Section 542.304, Transportation Code, to determine whether to hire
or retain an employee or to contract with a person on whom criminal
history record information is obtained under this section.
(g) In accordance with Section 411.087 and consistent with
the public policy of this state, the Department of State Health
Services and the Health and Human Services Commission may obtain
criminal history record information from the Federal Bureau of
Investigation identification division.
(h) Criminal history record information obtained by the
Federal Bureau of Investigation shall not be disseminated.
SECTION 15.02. Section 411.1103, Government Code, is amended
to read as follows:
Sec. 411.1103 ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
DEPARTMENT OF STATE HEALTH SERVICES AND HEALTH AND HUMAN SERVICES
COMMISSION AND PERSONNEL AT STATE HOSPITALS. (a) The Department of
State Health Services and the Health and Human Services Commission
isare entitled to obtain from the department as provided by
Subsection (b) criminal history record information maintained by
the department that relates to a person:
(1) who is required to be fingerprinted and who is:
(A) an applicant for employment at a state
hospital established under Chapter 552, Health and Safety Code;
(B) an employee of a state hospital established
under Chapter 552, Health and Safety Code;
(C) a person who contracts or may contract to
provide goods or services to the Department of State Health
Services or the Health and Human Services Commission, as
applicable, at a state hospital established under Chapter 552,
Health and Safety Code, or an employee of or applicant for
employment with that person;
(D) a volunteer with a state hospital established
under Chapter 552, Health and Safety Code; or
(E) an applicant for a volunteer position with a
state hospital established under Chapter 552, Health and Safety
Code; and
(2) who is required to be fingerprinted and who would be
placed in direct contact with a patient at a state hospital
established under Chapter 552, Health and Safety Code.
(b) Subject to Section 411.087 and consistent with the public
policy of this state, the [Department of State Health Services and
the] Health and Human Services Commission is [are] entitled to:
(1) obtain through the Federal Bureau of Investigation
criminal history record information maintained or indexed by that
bureau that pertains to a person described by Subsection (a); and
(2) obtain from any other criminal justice agency in
this state criminal history record information maintained by that
criminal justice agency that relates to a person described by
Subsection (a).
(b)(c)The Department of State Health Services or the Health
and Human Services Commission may not release or disclose to any
entity, public or private, criminal history record information
obtained under Subsection (b)(1). Texas Ccriminal history record
information obtained by the Department of State Health Services or
the Health and Human Services Commission under Subsection (b)(2)
this section may not be released or disclosed to any person except:
(1) on court order;
(2) with the consent of the person who is the subject of
the criminal history record information;
(3) for purposes of an administrative hearing held by
the Department of State Health Services or the Health and Human
Services Commission, as applicable, concerning the person who is
the subject of the criminal history record information; or
(4) as provided by Subsection (d)(c).
(c)(d) The Department of State Health Services or the Health
and Human Services Commission is not prohibited from releasing
criminal history record information obtained under Subsection
(d)(2)this section to the person who is the subject of the criminal
history record information.
(e) The Health and Human Services Commission shall destroy
the criminal history record information that relates to:
(1) an applicant for employment after that applicant is
employed or, for an applicant who is not employed, after the check
of the criminal history record information on that applicant is
completed;
(2) an employee or contractor after the check of the
criminal history record information on that employee or contractor
is completed; or
(3) a volunteer after the check or the criminal history
record information is completed.
(e)(f) This section does not prohibit the Department of State
Health Services or the Health and Human Services Commission from
obtaining and using criminal history record information as provided
by other law.
SECTION 15.03. Section 411.1105, Government Code, is amended
to read as follows:
Sec. 411.1105 ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
DEPARTMENT OF STATE HEALTH SERVICES AND HEALTH AND HUMAN SERVICES
COMMISSION. (a) The Department of State Health Services and the
Health and Human Services Commission isare entitled to obtain from
the department as provided by Subsection (b) criminal history
record information maintained by the department that relates to a
person who is required to be fingerprinted and who is:
(1) an applicant for a chemical dependency counselor's
license, a counselor intern's registration, or a clinical
supervisor certification under Chapter 504, Occupations Code; or
(2) the holder of a license, registration, or
certification under that chapter.
(b) Subject to Section 411.087 and consistent with the public
policy of this state, the Health and Human Services Commission is
entitled to:
(1) obtain through the Federal Bureau of Investigation
criminal history record information maintained or indexed by that
bureau that pertains to a person described by Subsection (a); and
(2) obtain from any other criminal justice agency in
this state criminal history record information maintained by that
criminal justice agency that relates to a person described by
Subsection (a).
(c) In addition to information obtained from the Federal
Bureau of Investigation under Section 411.087 and consistent with
the public policy of this state, the Department of State Health
Services and the Health and Human Services Commission isare
entitled to obtain information relating to the wanted persons
status of an individual listed in Subsection (a).
(c)(d) Criminal history record information obtained by the Health
and Human Services Commission under Subsection (b)(1) may not be
released or disclosed to any other person or entity, public or
private. Criminal history record information obtained by the
Department of State Health Services or theHealth and Human Services
Commission under Subsection (b)(2)(a) may not be released or
disclosed to any person or entity, public or private, except:
(1) on court order,;
(2) with the consent of the person who is the subject of
the criminal history record information,; or
(3) as provided by Subsection (e)(d).
(e)(d) The Department of State Health Services or theHealth
and Human Services Commission, as applicable, may provide the
applicant or licensee with a copy of the person's criminal history
record information obtained from the Department of Public Safety,
Federal Bureau of Investigation identification division, or
another law enforcement agency.
(f) The Health and Human Services Commission shall destroy
the criminal history record information that relates to:
(1) an applicant for a chemical dependency counselor's
license, a counselor intern's registration, or a clinical
supervisor certification under Chapter 504, Occupations Code,
under Subsection (a) (1) after the check of the criminal history
record information on that applicant is completed; or
(2) the holder of a license, registration, or
certification under that chapter after the check of the criminal
history record information on that holder is completed.
(g) This section does not prohibit the Health and Human
Services Commission from obtaining and using criminal history
record information as provided by other law.
SECTION 15.04. Section 411.1106, Government Code, is amended
to read as follows:
Sec. 411.1106. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: HEALTH AND HUMAN SERVICES COMMISSION. (a) In this
section, "commission" means the Health and Human Services
Commission.
(b) The executive commissioner of the commission, or the
executive commissioner's designee, is entitled to obtain from the
department criminal history record information maintained by the
department as provided by Subsection (c) that relates to a person
who is required to be fingerprinted and who is:
(1) an applicant for employment, an employee, a
contractor, an applicant for a volunteer position, or a volunteer
for a position in which the person, as an employee, contractor, or
volunteer, would have access to sensitive personal or financial
information, as determined by the executive commissioner, in:
(A) the eligibility services division of the
commission as established by Section 531.008(d); or
(B) the commission's office of inspector general
as established by Section 531.008(c)(2) and Subchapter C, Chapter
531; or
(C) the regulatory services division of the
commission as established by Section 531.008(c)(3); or
(2) an employee of the commission who has access
to sensitive personal or financial information, as determined by
the executive commissioner.
(c) Subject to Section 411.087 and consistent with the public
policy of this state, the commission is entitled to:
(1) obtain through the Federal Bureau of Investigation criminal
history record information maintained or indexed by that bureau
that pertains to a person described by Subsection (b); and
(2) obtain from any other criminal justice agency in this state
criminal history record information maintained by that criminal
justice agency that relates to a person described by Subsection
(b).
(c)(d) Criminal history record information obtained by the
commission under Subsection (c)(1) may not be released or disclosed
to any other person or entity, public or private. Criminal history
record information obtained by the executive commissioner of the
commission, or by the executive commissioner's designee, under
Subsection (c)(2) [(b)] may not be released or disclosed, except:
(1) if the information is in a public record at the time
the information is obtained;
(2) on court order;
(3) to a criminal justice agency, upon request;
(4) with the consent of the person who is the subject of
the criminal history record information; or
(5) as provided by Subsection (e) [(d)].
(d)(e) The commission is not prohibited from disclosing
criminal history record information obtained under Subsection
(b)(2)(c)(2) in a criminal proceeding or in a hearing conducted by
the commission.
(e)(f) The commission shall destroy all criminal history
record information obtained under Subsection (b)(c) as soon as
practicable after the information is used for its authorized
purpose.
(f)(g) This section does not prohibit the commission from
obtaining and using criminal history record information as provided
by other law.
SECTION 15.05. Section 411.1131, Government Code, is amended
to read as follows:
Sec. 411.1131. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: HEALTH AND HUMAN SERVICES COMMISSION. (a) The Health
and Human Services Commission is entitled to obtain from the
department as provided by Subsection (b) criminal history record
information maintained by the department that relates to a person
who is required to be fingerprinted and who is an applicant for a
staff position at an outdoor training program for children who are
deaf or hard of hearing conducted by a private entity through a
contract with the Health and Human Services Commission in
accordance with Section 81.013, Human Resources Code.
(b) Subject to Section 411.087 and consistent with the public
policy of this state, the Health and Human Services Commission is
entitled to:
(1) obtain through the Federal Bureau of Investigation
criminal history record information maintained or indexed by that
bureau that pertains to a person described by Subsection (a); and
(2) obtain from any other criminal justice agency in
this state criminal history record information maintained by that
criminal justice agency that relates to a person described by
Subsection (a).
(c) [(b)] Criminal history record information obtained
by the Health and Human Services Commission under Subsection (b)
[(a)] may be used only to evaluate an applicant for a staff position
at an outdoor training program for children who are deaf or hard of
hearing. The Health and Human Services Commission may release or
disclose the information obtained under Subsection (b)(2) to a
private entity described by Subsection (a) for that purpose.
(d) [(c)] The Health and Human Services Commission may
not release or disclose information obtained under Subsection
(b)(1) to any other person or entity, public or private. The Health
and Human Services Commission may not release or disclose
information obtained under Subsection (b)(2) [(a)], except on court
order or with the consent of the person who is the subject of the
criminal history record information, and shall destroy all criminal
history record information obtained under Subsection (b) [(a)]
after the information is used for its authorized purpose.
(e) This section does not prohibit the Health and Human
Services Commission from obtaining and using criminal history
record information as provided by other law.
SECTION 15.06. Section 411.114, Government Code, is amended
to read as follows:
Sec. 411.114 ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES AND HEALTH AND HUMAN
SERVICES COMMISSION. (a)(1) In this subsection:
(A) "Child," "child-care facility," "child-placing
agency," "facility," and "family home" have the meanings assigned
by Section 42.002, Human Resources Code.
(A-1) "Department of Family and Protective Services"
includes:
(i) the Department of Family and Protective
Services as authorized by Section 40.002, Human Resources Code; and
(ii) any person or entity acting as an authorized
agent of the Department of Family and Protective Services.
(B) "Elderly person" has the meaning assigned by
Section 48.002, Human Resources Code.
(D) "Person with a disability" has the meaning assigned
by Section 48.002, Human Resources Code.
(2) The Department of Family and Protective Services or
the Health and Human Services Commission, as applicable, shall
obtain from the department criminal history record information
maintained by the department that relates to a person who is:
(A) an applicant for a license, registration,
certification, or listing under Chapter 42, Human Resources Code;
(B) an owner, operator, or employee of or an
applicant for employment by a child-care facility, child-placing
agency, or family home licensed, registered, certified, or listed
under Chapter 42, Human Resources Code;
(C) a person 14 years of age or older who will be
regularly or frequently working or staying in a facility or family
home, other than a child in the care of the home or facility;
(D) an applicant selected for a position with the
Department of Family and Protective Services or the Health and
Human Services Commission, the duties of which include direct
delivery of protective services to children, elderly persons, or
persons with a disability;
(E) an employee of, an applicant for employment
with, or a volunteer or an applicant volunteer with a business
entity or person that contracts with the Department of Family and
Protective Services or the Health and Human Services Commission to
provide direct delivery of protective services to children, elderly
persons, or persons with a disability, if the person's duties or
responsibilities include direct contact with children, elderly
persons, or persons with a disability;
(F) a registered volunteer with the Department of
Family and Protective Services or the Health and Human Services
Commission;
(G) a person providing or applying to provide
in-home, adoptive, or foster care for children in the care of the
Department of Family and Protective Services or the Health and
Human Services Commission and other persons living in the residence
in which the child will reside;
(H) a Department of Family and Protective Services
employee or a Health and Human Services Commission employee who is
engaged in the direct delivery of protective services to children,
elderly persons, or persons with a disability;
(I) an alleged perpetrator in a report the
Department of Family and Protective Services or the Health and
Human Services Commission receives alleging that the person has
abused, neglected, or exploited a child, an elderly person, or a
person with a disability, provided that:
(i) the report alleges the person has engaged
in conduct that meets the applicable definition of abuse, neglect,
or exploitation under Chapter 261, Family Code, or Chapter 48,
Human Resources Code; and
(ii) the person is not also the victim of the
alleged conduct;
(J) a person providing child care for a child who
is in the care of the Department of Family and Protective Services
or the Health and Human Services Commission and who is or will be
receiving adoptive, foster, or in-home care;
(K) through a contract with a nonprofit management
center, an employee of, an applicant for employment with, or a
volunteer or an applicant volunteer with a nonprofit, tax-exempt
organization that provides any service that involves the care of or
access to a child, an elderly person, or a person with a disability;
or
(L) an applicant for a child-care administrator or
child-placing agency administrator license under Chapter 43, Human
Resources Code.
(3) In addition to the criminal history record
information the Department of Family and Protective Services or the
Health and Human Services Commission is required to obtain under
Subdivision (2), the Department of Family and Protective Services
or the Health and Human Services Commission, as applicable, is
entitled to obtain from the department criminal history record
information maintained by the department that relates to a person
who is:
(A) an applicant for a position with the
Department of Family and Protective Services or the Health and
Human Services Commission regardless of the duties of the position,
including a position described by Subdivision (2)(D);
(B) a Department of Family and Protective Services
employee or a Health and Human Services Commission employee
regardless of the duties of the employee's position, including an
employee described by Subdivision (2)(H);
(C) a volunteer or applicant volunteer with the
Department of Family and Protective Services or the Health and
Human Services Commission regardless of the duties to be performed,
including a registered volunteer;
(D) an employee of, an applicant for employment
with, or a volunteer or an applicant volunteer with an entity or
person that contracts with the Department of Family and Protective
Services or the Health and Human Services Commission, as
applicable, and has access to confidential information in that
department's or commission's records, if the employee, applicant,
volunteer, or applicant volunteer has or will have access to that
confidential information;
(E) a person living in the residence in which the
alleged victim of the report resides, including an alleged
perpetrator in a report described by Subdivision (2)(I);
(F) a person providing, at the request of the
child's parent, in-home care for a child who is the subject of a
report alleging the child has been abused or neglected;
(G) a person providing, at the request of the
child's parent, in-home care for a child only if the person gives
written consent to the release and disclosure of the information;
(H) a child who is related to the caretaker, as
determined under Section 42.002, Human Resources Code, or any other
person who resides in, is present in, or has unsupervised access to
a child in the care of a facility or family home;
(I) a relative of a child in the care of the
Department of Family and Protective Services or the Health and
Human Services Commission, as applicable, to the extent necessary
to comply with Section 162.007, Family Code;
(J) a person providing or applying to provide
in-home, adoptive, or foster care for children to the extent
necessary to comply with Subchapter B, Chapter 162, Family Code;
(K) a person who volunteers to supervise
visitation under Subchapter B, Chapter 263, Family Code;
(L) an employee of or volunteer at, or an
applicant for employment with or to be a volunteer at, an entity
that provides supervised independent living services to a young
adult receiving extended foster care services from the Department
of Family and Protective Services or the Health and Human Services
Commission, as applicable;
(M) a person 14 years of age or older who will be
regularly or frequently working or staying in a host home that is
providing supervised independent living services to a young adult
receiving extended foster care services from the Department of
Family and Protective Services or the Health and Human Services
Commission, as applicable;
(N) a volunteer or applicant volunteer with a
local affiliate in this state of Big Brothers Big Sisters of
America;
(O) a volunteer or applicant volunteer with an
organization that provides court-appointed volunteer advocates for
abused or neglected children; or
(P) an employee, volunteer, or applicant
volunteer of a children's advocacy center under Subchapter E,
Chapter 264, Family Code, including a member of the governing board
of a center.
(4) Subject to Section 411.087 and consistent with the
public policy of this state, the Department of Family and
Protective Services and the Health and Human Services Commission
are entitled to:
(A) obtain through the Federal Bureau of
Investigation criminal history record information maintained or
indexed by that bureau that pertains to a person who is required to
be fingerprinted and who is described by Subdivision (2) or (3); and
(B) obtain from any other criminal justice agency
in this state criminal history record information maintained by
that criminal justice agency that relates to a person described by
Subdivision (2) or (3). Law enforcement entities shall expedite the
furnishing of such information to Department of Family and
Protective Services workers or Health and Human Services Commission
workers, as applicable, to ensure prompt criminal background checks
for the safety of alleged victims and Department of Family and
Protective Services workers or Health and Human Services Commission
workers, as applicable.
(5) The Department of Family and Protective Services or
the Health and Human Services Commission may not use the authority
granted under this section to harass an employee or volunteer. The
commissioner of the Department of Family and Protective Services or
the executive commissioner of the Health and Human Services
Commission, as applicable, shall adopt rules to prevent the
harassment of an employee or volunteer through the request and use
of criminal records.
(6) Criminal history record information obtained by the
Department of Family and Protective Services or the Health and
Human Services Commission under this subsection may not be released
to any person except:
(A) on court order;
(B) with the consent of the person who is the
subject of the criminal history record information;
(C) for purposes of an administrative hearing held
by the Department of Family and Protective Services or the Health
and Human Services Commission, as applicable, concerning the person
who is the subject of the criminal history record information;
(D) as provided by Subdivision (7).
(7) Subject to Subdivision (8), the Department of
Family and Protective Services or the Health and Human Services
Commission, as applicable, is not prohibited from releasing
criminal history record information obtained under this subsection
to:
(A) the person who is the subject of the criminal
history record information;
(B) a child-placing agency listed in Subdivision
(2) that is seeking to verify or approve a foster or adoptive home
under procedures authorized by federal law;
(C) an adult who resides with an alleged victim of
abuse, neglect, or exploitation of a child, elderly person, or
person with a disability and who also resides with the alleged
perpetrator of that abuse, neglect, or exploitation if:
(i) the alleged perpetrator is the subject of
the criminal history record information; and
(ii) the Department of Family and Protective
Services or the Health and Human Services Commission, as
applicable, determines that the release of information to the adult
is necessary to ensure the safety or welfare of the alleged victim
or the adult; or
(D) an elderly person or a person with a
disability who is an alleged victim of abuse, neglect, or
exploitation and who resides with the alleged perpetrator of that
abuse, neglect, or exploitation if:
(i) the alleged perpetrator is the subject of
the criminal history record information; and
(ii) the Department of Family and Protective
Services or the Health and Human Services Commission, as
applicable, determines that the release of information to the
person is necessary to ensure the safety or welfare of the person.
(8) The Department of Family and Protective Services or
the Health and Human Services Commission may only release to a
person described by Subdivision (7)(B), (C), or (D) criminal
history record information that that department or commission
obtains from the Department of Public Safety's computerized
criminal history system.
(b) The failure or refusal to provide a complete set of
fingerprints or a complete name on request constitutes good cause
for dismissal or refusal to hire, as applicable, with regard to a
volunteer of or an employee or applicant for permanent or temporary
employment with the Department of Family and Protective Services or
the Health and Human Services Commission, as applicable, or a
facility, home, business, or other entity, if the volunteer
position, employment, or potential employment involves direct
interaction with or the opportunity to interact and associate with
children.
(c) The Department of Family and Protective Services or the
Health and Human Services Commission, as applicable, may charge an
organization or person that requests criminal history record
information under Subsection (a)(3) a fee in an amount necessary to
cover the costs of obtaining the information on the organization's
or person's behalf.
SECTION 15.07. Section 411.1142, Government Code, is amended
to read as follows:
Sec. 411.1142. ACCESS TO CRIMINAL HISTORY RECORD: EARLY
CHILDHOOD INTERVENTION PROGRAM WITHIN HEALTH AND HUMAN SERVICES
COMMISSION. (a) The Early Childhood Intervention program within the
Health and Human Services Commission, as established by Chapter 73,
Human Resources Code, is entitled to obtain criminal history record
information as provided by Subsection (b) [maintained by the
Department of Public Safety, the Federal Bureau of Investigation
identification division, or another law enforcement agency] that
relates to an employee or an applicant for permanent, temporary, or
consultative employment or for volunteer positions whose
employment or potential employment or volunteer position with the
program or a local provider involves the delivery of early
childhood intervention services or involves direct interactions
with or the opportunity to interact and associate with children.
(b) Subject to Section 411.087 and consistent with the public
policy of this state, the Health and Human Services Commission is
entitled to:
(1) obtain through the Federal Bureau of Investigation
criminal history record information maintained or indexed by that
bureau that pertains to a person described by Subsection (a) and who
is required to be fingerprinted; and
(2) obtain from any other criminal justice agency in
this state criminal history record information maintained by that
criminal justice agency that relates to a person described by
Subsection (a).
(c) Criminal history record information obtained by the
Health and Human Services Commission under Subsection (b)(1) may
not be released or disclosed to any other person or entity, public
or private. Criminal history record information obtained by the
Health and Human Services Commission under Subsection (b)(2) [(a)]
may not be released or disclosed to any person except:
(1) on court order; [,]
(2) with the consent of the person who is the subject of
the criminal history record information;
(3) as provided by Subsection (e) [(d)].
(d) [(c)] The Health and Human Services Commission shall
destroy criminal history record information that relates to a
person after the information is used for its authorized purpose.
(e) [(d)] The Health and Human Services Commission may
provide the applicant, employee, professional consultant, or
volunteer with a copy of the person's criminal history record
information obtained from the Department of Public Safety[, Federal
Bureau of Investigation identification division,] or another law
enforcement agency.
(f) [(e)] The failure or refusal to provide a complete set of
fingerprints or a complete name on request constitutes good cause
for dismissal or refusal to hire, as applicable, with regard to
program employees, professional consultants, and applicants for
permanent, temporary, or consultative employment or for volunteer
positions whose employment or potential employment or volunteer
position with the Health and Human Services Commission or a local
provider involves the delivery of early childhood intervention
services or involves direct interactions with or the opportunity to
interact and associate with children.
SECTION 15.08. Section 411.1143, Government Code is amended
to read as follows:
Sec. 411.1143. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION; AGENCIES OPERATING PART OF MEDICAL ASSISTANCE
PROGRAM. (a) The Health and Human Services Commission, an agency
operating part of the medical assistance program under Chapter 32,
Human Resources Code, or the office of inspector general
established under Chapter 531, Government Code, is entitled to
obtain from the department the criminal history record information
maintained by the department that relates to a provider under the
medical assistance program or a person applying to enroll as a
provider under the medical assistance program.
(b) Subject to Section 411.087 and consistent with the public
policy of this state, the Health and Human Services Commission and
the office of inspector general are entitled to:
(1) obtain through the Federal Bureau of Investigation
criminal history record information maintained or indexed by that
bureau that pertains to a person described Subsection (a) and who is
required to be fingerprinted; and
(2) obtain from any other criminal justice agency in
this state criminal history record information maintained by that
criminal justice agency that relates to a person described by
Subsection (a).
(c) [(a-1)] Criminal history record information the Health
and Human Services Commission [an agency] or the office of
inspector general is authorized to obtain under Subsection (a)
includes criminal history record information relating to:
(1) a person with a direct or indirect ownership or
control interest, as defined by 42 C.F.R. Section 455.101, in a
provider of five percent or more; and
(2) a person whose information is required to be
disclosed in accordance with 42 C.F.R. Part 1001.
(d) ([b]) Criminal history record information obtained by the
Health and Human Services Commission or the office of inspector
general under Subsection (b)(1) may not be released or disclosed to
any other person or entity, public or private. Criminal history
record information obtained by the Health and Human Services
Commission or the office of inspector general commission or an
agency under Subsection (b)(2) [(a)] may not be released or
disclosed to any person except in a criminal proceeding, in an
administrative proceeding, on court order, or with the consent of
the provider or applicant.
(e) The Health and Human Services Commission and the office
of inspector general shall destroy criminal history record
information obtained under this section after the information is
used for its authorized purpose.
(f) This section does not prohibit the Health and Human
Services Commission or the office of inspector general from
obtaining and using criminal history record information as provided
by other law.
SECTION 15.09. Section 411.1144, Government Code, is amended
to read as follows:
Sec. 411.1144 ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
HEALTH AND HUMAN SERVICES COMMISSION AND [AGENCIES WITH] EMPLOYEES,
CONTRACTORS, OR VOLUNTEERS AT STATE SUPPORTED LIVING CENTERS. (a)
The [Department of State Health Services and the] Health and Human
Services Commission is [are] entitled to obtain from the department
as provided by Subsection (b) criminal history record information
maintained by the department that relates to a person:
(1) who is required to be fingerprinted and who is:
(A) an applicant for employment with the Health
and Human Services Commission [agency];
(B) an employee of the Health and Human Services
Commission [agency];
(C) a volunteer with the Health and Human Services
Commission [agency];
(D) an applicant for a volunteer position with the
Health and Human Services Commission [agency];
(E) an applicant for a contract with the Health
and Human Services Commission [agency]; or
(F) a contractor of the Health and Human Services
Commission [agency]; and
(2) who is required to be fingerprinted and who would be
placed in direct contact with a resident or client of a state
supported living center, as defined by Section 555.001, Health and
Safety Code.
(b) [(d)] Subject to Section 411.087 and consistent with the
public policy of this state, the [Department of State Health
Services and the] Health and Human Services Commission is [are]
entitled to:
(1) obtain through the Federal Bureau of Investigation
criminal history record information maintained or indexed by that
bureau that pertains to a person described by Subsection (a); and
(2) obtain from any other criminal justice agency in
this state criminal history record information maintained by
that criminal justice agency that relates to a person
described by Subsection (a).
(c) [(b)] Criminal history record information obtained by the
Health and Human Services Commission under Subsection (b)(1) may
not be released or disclosed to any other person or entity, public
or private. Criminal history record information obtained by the
Health and Human Services Commission [an agency] under Subsection
(b)(2) [(a)] may not be released or disclosed to any person except:
(1) on court order;
(2) with the consent of the person who is the subject of
the criminal history record information;
(3) for purposes of an administrative hearing held by
the agency concerning the person who is the subject of the criminal
history record information;
(4) as provided by Subsection (d) [(c)].
(d) [(c)] The Health and Human Services Commission is
prohibited from releasing criminal history record information
obtained under Subsection (b)(1) to the person who is the subject of
the criminal history record information. The Health and Human
Services Commission [An agency] is not prohibited from releasing
criminal history record information obtained under Subsection
(b)(2) [(a) or (d)] to the person who is the subject of the criminal
history record information.
(e) The Health and Human Services Commission shall destroy
criminal history record information that is obtained under this
section after the information is used for its authorized purpose.
(f) [(e)] This section does not prohibit an agency from
obtaining and using criminal history record information as provided
by other law.
SECTION 15.10. Sec. 411.115. ACCESS TO CRIMINAL HISTORY
RECORD INFORMATION: DEPARTMENT OF STATE HEALTH SERVICES AND HEALTH
AND HUMAN SERVICES COMMISSION; LOCAL AUTHORITIES; COMMUNITY
CENTERS. (a) In this section, "local mental health authority,"
"local intellectual and developmental disability authority," and
"community center" have the meanings assigned by Section 531.002,
Health and Safety Code.
(b) The Department of State Health Services, the Health and
Human Services Commission, a local mental health or intellectual
and developmental disability authority, or a community center, as
applicable, is entitled to obtain from the department as provided
by Subsection (c) criminal history record information maintained by
the department that relates to a person:
(1) who is:
(A) an applicant for employment with the
Department of State Health Services, the Health and Human Services
Commission, a local mental health or intellectual and developmental
disability authority, or a community center;
(B) an employee of the Department of State Health
Services, the Health and Human Services Commission, a local mental
health or intellectual and developmental disability authority, or a
community center;
(C) an applicant for employment with or an
employee of a business or person that contracts with the Department
of State Health Services, the Health and Human Services Commission,
a local mental health or intellectual and
developmental disability authority, or a
community center to provide residential services to patients with
mental illness or clients with an intellectual or developmental
disability who were furloughed or discharged from a Department of
State Health Services facility, a Health and Human Services
Commission facility, or a community center, as applicable;
(D) a volunteer with the Department of State Health
Services, the Health and Human Services Commission, a local mental
health or intellectual and developmental disability authority, or a
community center; or
(E) a volunteer applicant; and
(2) who would be placed in direct contact with patients
with mental illness or clients with an intellectual or
developmental disability.
(c) Subject to Section 411.087 and consistent with the public
policy of this state, the Department of State Health Services, the
Health and Human Services Commission, a local mental health or
intellectual and developmental disability authority, or a
community center, as applicable, is entitled to:
(1) obtain through the Federal Bureau of Investigation
criminal history record information maintained or indexed by that
bureau that pertains to a person described Subsection (b) and who is
required to be fingerprinted; and
(2) obtain from any other criminal justice agency in
this state criminal history record information maintained by that
criminal justice agency that relates to a person described by
Subsection (b).
(d) Criminal history record information obtained by the
Department of State Health Services, the Health and Human Services
Commission, a local mental health or intellectual and
developmental disability authority, or a community center, as
applicable, under Subsection (c)(1) may not be released or
disclosed to any other person or entity, public or private.
Criminal history record information obtained by the Department of
State Health Services, the Health and Human Services Commission, a
local mental health or intellectual and developmental disability
authority, or a community center under Subsection (c)(2) [(b)] may
not be released or disclosed to a person, other than the contractor
that employs the person who is the subject of the criminal history
record information, except on court order or with the consent of the
person who is the subject of the criminal history record
information.
(e) The Department of State Health Services, the Health and
Human Services Commission, a local mental health or intellectual
and developmental disability authority, or a community center, as
applicable, shall collect and destroy criminal history record
information that relates to a person immediately after making an
employment decision or taking a personnel action relating to the
person who is the subject of the criminal history record
information.
(f) This section does not prohibit the Department of State
Health Services, the Health and Human Services Commission, a local
mental health or intellectual and developmental disability
authority, or a community center, as applicable, from obtaining and
using criminal history record information as provided by other law.
SECTION 15.11. Subchapter F, Chapter 411, Government Code, is
amended by adding Section 411.1161 to read as follows:
Section 411.1161. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: HEALTH AND HUMAN SERVICES COMMISSION AND NURSE AIDE
CERTIFICATION, MEDICATION AIDE PERMIT, AND NURSING FACILITY
ADMINISTRATOR LICENSE. (a) The Health and Human Services Commission
is entitled to obtain as provided by Subsection (d) criminal
history record information that relates to a person who is required
to be fingerprinted and who is an initial or renewal applicant for:
(1) a nurse aide certification with inclusion in the
nurse aide registry established under Chapter 250, Health and
Safety Code;
(2) a medication aide permit issued under Chapter 142,
Health and Safety Code; or
(3) a nursing facility administrator license issued
under Chapter 242, Health and Safety Code.
(b) Subject to Section 411.087 and consistent with the public
policy of this state, the Health and Human Services Commission is
entitled to:
(1) obtain through the Federal Bureau of Investigation
criminal history record information maintained or indexed by that
bureau that pertains to a person described by Subsection (a); and
(2) obtain from any other criminal justice agency in
this state criminal history record information maintained by that
criminal justice agency that relates to a person described by
Subsection (a).
(c) Criminal history record information obtained by the
Health and Human Services Commission under Subsection (b)(1) may
not be released or disclosed to any other person or entity, public
or private. Criminal history record information obtained
by the Health and Human Services Commission under Subsection (b)(2)
may not be released or disclosed to any person except:
(1) on court order;
(2) with the consent of the person who is the subject of
the criminal history record information;
(3) for purposes of an administrative hearing held by
the Health and Human Services Commission concerning the person who
is the subject of the criminal history record information;
(4) as provided by Subsection (d).
(d) The Health and Human Services Commission is prohibited
from releasing criminal history record information obtained under
Subsection (b)(1) to the person who is the subject of the criminal
history record information. The Health and Human Services
Commission is not prohibited from releasing criminal history record
information obtained under Subsection (b)(2) to the person who is
the subject of the criminal history record information.
(f) The Health and Human Services Commission shall destroy
criminal history record information that is obtained under this
section after the information is used for its authorized purpose.
(g) This section does not prohibit the Health and Human
Services Commission from obtaining and using criminal history
record information as provided by other law.
SECTION 12. Sec. 411.13861. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: HEALTH AND HUMAN SERVICES COMMISSION. (a) The Health
and Human Services Commission is entitled to obtain from the
Department of Public Safety as provided by
Subsection (b) criminal history record information maintained by
the Department of Public Safety that relates to a person:
(1) required to undergo a background and criminal
history check under Chapter 248A, Health and Safety Code;
(2) who seeks unsupervised visits with a ward of the
Health and Human Services Commission, including a relative of the
ward;
(3) who is an applicant for employment with the Health
and Human Services Commission for a position in which the person, as
an employee, would have direct access to residents or clients of a
facility regulated by the Health and Human Services Commission, as
determined by the executive commissioner of that commission; or
(4) who is an employee of the Health and Human Services
Commission and who has direct access to residents or clients of a
facility regulated by that commission, as determined by the
executive commissioner of that commission.
(b) Subject to Section 411.087 and consistent with the public
policy of this state, the Health and Human Services Commission is
entitled to:
(1) obtain through the Federal Bureau of Investigation
criminal history record information maintained or indexed by that
bureau that pertains to a person described by Subsection (a) and who
is required to be fingerprinted; and
(2) obtain from any other criminal justice agency in
this state criminal history record information maintained by that
criminal justice agency that relates to a person described by
Subsection (a).
(c) [(b)] Criminal history record information obtained under
Subsection (a) is for the exclusive use of the Health and Human
Services Commission and is privileged and confidential.
(d) [(c)] Criminal history record information obtained by the
Health and Human Services Commission under Subsection (b)(1) may
not be released or disclosed to any other person or entity, public
or private. Criminal history record information obtained by the
Health and Human Services Commission under Subsection (b)(2) [(a)]
may not be released or disclosed to any person or agency except on
court order or with the consent of the person who is the subject of
the information. The Health and Human Services Commission may
destroy the criminal history record information after the
information is used for the purposes authorized by this section.
(e) [(d)] This section does not prohibit the Health and Human
Services Commission from obtaining and using criminal history
record information as provided by other law.
(f) [(e)] In this section, "ward" has the meaning assigned by
Section 1002.030, Estates Code.
(g) [(f)] Notwithstanding Subsection (d) [(c)], the Health
and Human Services Commission shall destroy information obtained
under Subsection (a)(3) or (4) after the information is used for the
purposes authorized by this section.
SECTION 13. Sec. 411.1387. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: FACILITY, REGULATORY AGENCY, OR PRIVATE AGENCY. (a) In
this section, "facility," "regulatory agency," and "private
agency" have the meanings assigned by Section 250.001, Health and
Safety Code.
(b) A regulatory agency is entitled to obtain from the
department as provided by Subsection (c) criminal history record
information maintained by the department that relates to a person
who is:
(1) an applicant for employment at or an employee
of a facility other than a facility licensed under Chapter
142, Health and Safety Code; or
(2) an applicant for employment at or an employee
of a facility licensed under Chapter 142, Health and Safety
Code, if the duties of employment involve direct contact with
a consumer in the facility.
(c) Subject to Section 411.087 and consistent with the public
policy of this state, a regulatory agency is entitled to:
(1) obtain through the Federal Bureau of Investigation
criminal history record information maintained or indexed by that
bureau that pertains to a person described by Subsection (a) and who
is required to be fingerprinted; and
(2) obtain from any other criminal justice agency in
this state criminal history record information maintained by that
criminal justice agency that relates to a person described by
Subsection (a).
(d) [(b-1)] A facility or a private agency on behalf of a
facility is entitled to obtain from the department as provided by
Subsection (e) criminal history record information maintained by
the department that relates to a person who is:
(1) an applicant for employment with, an employee of, or
a volunteer with the facility;
(2) an applicant for employment with or an employee of a
person or business that contracts with the facility; or
(3) a student enrolled in an educational program or
course of study who is at the facility for educational purposes.
(e) Subject to Section 411.087 and consistent with the public
policy of this state, a facility or a private agency on behalf of a
facility is entitled to:
(1) obtain through the Federal Bureau of Investigation
criminal history record information maintained or indexed by that
bureau that pertains to a person described by Subsection (a) and who
is required to be fingerprinted; and
(2) obtain from any other criminal justice agency in
this state criminal history record information maintained by that
criminal justice agency that relates to a person described by
Subsection (a).
(f) [(c)] A facility may:
(1) obtain directly from the department criminal history
record information on a person described by Subsection (d) [(b-1)];
or
(2) authorize a private agency to obtain that information
from the department.
(g) [(d)] A private agency obtaining criminal history record
information on behalf of a facility under Subsection (c) shall
forward the information received to the facility requesting the
information.
(h) [(e)] Criminal history record information obtained by a
facility or regulatory agency under Subsections (c)(1) and (e)(1)
may not be released or disclosed to any other person or entity,
public or private. Criminal history record information obtained by
a facility, regulatory agency, or private agency on behalf of a
facility under Subsections (c)(2) and (e)(2) [(b) or (b-1)] may not
be released or disclosed to any person or agency except on court
order or with the consent of the person who is the subject of the
information.
(i) Criminal history record information obtained by a
facility, regulatory agency, or private agency on behalf of a
facility under this section shall be destroyed after the
information is used for its authorized purpose.
(j) This section does not prohibit a facility, regulatory
agency, or private agency on behalf of a facility from obtaining and
using criminal history record information as provided by other law.
SECTION 15.14. To the extent of any conflict, this Act
prevails over another Act of the 86th Legislature, Regular Session,
2019, relating to nonsubstantive additions to and corrections in
enacted codes.
ARTICLE 16. TEXAS BOARD OF NURSING
Sec. 411.125. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: TEXAS BOARD OF NURSING. The Texas Board of Nursing is
entitled to obtain from the department criminal history record
information maintained by the department that relates to a person
who:
(1) is an applicant for vocational, registered, or
advanced practice registered nurse licensure, or the holder of a
license issued by the board;
(2) has requested a determination of eligibility for a
license from the board; [or]
(3) is accepted for enrollment in a nursing educational
program that prepares the person for licensure as a vocational,
registered, or advanced practice registered nurse; or
(4) [(3)] is subject to investigation by the board in
connection with a complaint or formal charge against the person.
(b) Texas criminal history record information obtained by
the Texas Board of Nursing under Subsection (a) may not be released
or disclosed to any person except:
(1) as required under a court order;
(2) to a nursing board that is a member of the nurse
licensure compact under the Occupations Code Chapter 304;
(3) with the written consent of the person or entity
that is the subject of the criminal history record information; or
(4) as provided by Subsection (d).
(c) Criminal history record information obtained by the Texas
Board of Nursing shall be destroyed by the agency after a final
determination is made and all appeals are concluded in the matter
for which the information was obtained.
(d) The Texas Board of Nursing is not prohibited from
disclosing Texas criminal history record information obtained
under Subsection (a) in a criminal proceeding, a contested case
proceeding conducted by the State Office of Administrative
Hearings, or as part of an appeal of a contested case proceeding.
(e) In addition to the information to which the board is
entitled under Section 411.125 and this section, the board may
request and receive criminal history record information from the
Federal Bureau of Investigation in accordance with Section 411.087.
(f) Criminal history record information obtained by the
Federal Bureau of Investigation shall not be disseminated.
Sec. 301.2511. CRIMINAL HISTORY RECORD INFORMATION FOR
LICENSE APPLICANTS.
(a) An applicant for a vocational, registered, or advanced
practice registered nurse license must submit to the board, in
addition to satisfying the other requirements of this subchapter, a
complete and legible set of fingerprints, on a form prescribed by
the board, for the purpose of obtaining criminal history record
information from the Department of Public Safety and the Federal
Bureau of Investigation.
(b) The board may deny a license to an applicant who does not
comply with the requirement of Subsection (a). Issuance of a
license by the board is conditioned on the board obtaining the
applicant's criminal history record information under this
section.
(c) The board by rule shall develop a system for obtaining
criminal history record information for a person accepted for
enrollment in a nursing educational program that prepares the
person for [initial] licenas a vocational, registered, or advanced
practice registered [or vocational] nurse by requiring the person
to submit to the board a set of fingerprints that meets the
requirements of Subsection (a). The board may develop a similar
system for an applicant for enrollment in a nursing educational
program. The board may require payment of a fee by a person who is
required to submit a set of fingerprints under this subsection.
ARTICLE 17. TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS
Sec. 411.0995. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: STATETEXAS BOARD OF VETERINARY MEDICAL EXAMINERS.
(a) The StateTexas Board of Veterinary Medical Examiners is
entitled to obtain from the department criminal history record
information maintained by the department that relates to a person
who is:
(1) an applicant for a license or certificate under the
Veterinary Licensing Act, Chapter 801 of the Texas Occupations
Code; or
(2) the holder of a license or certificate under that
chapterAct;
(3) an applicant for employment after that applicant is
employed or, for an applicant who is not employed, after the check
of the criminal history record information on that applicant is
completed; or
(4) an employee or contractor after the check of the
criminal history record information on that employee or contractor
is completed.
(b) Texas criminal history record information obtained by
the StateTexas Board of Veterinary of Medical Examiners under
Subsection (a) may not be released or disclosed to any person except
on court order, with the written consent of the person or entity
that is the subject of the criminal history record information, or
as provided by Subsection (e).
(c) After an individual is licensed or certified, the Texas
Board of Veterinary Medical Examiners, shall destroy the criminal
history record information that relates to that individual. The
Texas Board of Veterinary Medical Examiners shall destroy the
criminal history record information that relates to:
(d) The Texas Board of Veterinary Medical Examiners shall
destroy criminal history record information that relates to an
applicant who is not certified or employed, as applicable.
(e) The Texas Board of Veterinary Medical Examiners is not
prohibited from disclosing Texas criminal history record
information obtained under Subsection (a) in a criminal proceeding
or in a hearing conducted by the Texas Board of Veterinary Medical
Examiners.
(g) In accordance with Section 411.087 the Texas Board of
Veterinary Medical Examiners may obtain criminal history record
information from the Federal Bureau of Investigation
identification division.
(h) Criminal history record information obtained by the
Federal Bureau of Investigation shall not be disseminated.
ARTICLE 18. TEXAS DEPARTMENT OF INSURANCE
SECTION 18.01. Section 411.106, Government Code, is amended
to read as follows:
Sec. 411.106. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
TEXAS DEPARTMENT OF INSURANCE. (a) The Texas Department of
Insurance [for good cause shown] is entitled to obtain from the
department criminal history record information maintained by the
department that relates to a person who is:
(1) an applicant for a license, permit, certificate of
authority, certificate of registration, or other authorization
issued by the Texas Department [State Board] of Insurance to engage
in an activity regulated under the Insurance Code; or
(2) a corporate officer or director of an
insurance company regulated by the Texas Department of Insurance.
(b) Texas Ccriminal history record information obtained by
the Texas Department of Insurance under Subsection (a) may not be
disclosed or released to any person except on court order, [or] with
the written consent of the person who is the subject of the criminal
history record information, or as provided by Subsection(d).
(c) After the Texas Department of Insurance makes a
determination as to the issuance of a license or certificate of
authority to an applicant or as otherwise authorized by statute,
the Texas Department of Insurance shall destroy [seal] the criminal
history record information in its possession regarding the
applicant and shall deliver the information to the commissioner of
insurance or the commissioner’s designee, who shall maintain the
information as provided by State Board of Insurance rule.
(d) The Texas Department of Insurance is not prohibited from
disclosing Texas criminal history record information obtained
under Subsection (a) in a criminal proceeding or in a hearing
conducted by the Texas Department of Insurance.
(e) In accordance with Section 411.087, the Texas Department
of Insurance may obtain criminal history record information from
the Federal Bureau of Investigation identification division.
(f) The Texas Department of Insurance mayshall not
disseminate criminal history record information obtained from the
Federal Bureau of Investigation.
SECTION 17.02. Section 411.107, Government Code, is amended
to read as follows:
Sec. 411.107. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
RECEIVER. (a) In this section, “receiver” has the meaning assigned
by Section 443.004Article 21.280, Insurance Code.
(b) A receiver is entitled to obtain from the department
criminal history record information maintained by the department
that relates to a person who:
(1) is a creditor or claimant of the receivership
estate; or
(2) the receivership estate has a claim against [the
receiver believes is necessary for the investigation of any
matter relating to a receivership estate].
(c) Texas criminal history record information obtained
by a receiver under Subsection (b) may not be released or disclosed
to any person except on court order or with the written consent of
the person who is the subject of the criminal history record
information.
(d) A receiver shallmay destroy criminal history
record information obtained by the receiver under Subsection (b)
before termination of the receivership and the receiver’s discharge
[after the purpose for which the information was obtained is
accomplished].
(e) In accordance with Section 411.087, the receiver may
obtain criminal history record information from the Federal Bureau
of Investigation identification division.
(f) The receiver may not disseminate criminal history record
information obtained from the Federal Bureau of Investigation.
SECTION 18.03. Subchapter F, Chapter 411, Government Code,
is amended by adding Section 411.### to read as follows:
Sec. 411.###. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
STATE FIRE MARSHAL. (a) The state fire marshal is entitled to obtain
from the department criminal history record information maintained
by the department that relates to a person who is an applicant for a
license or other authorization issued by the state fire marshal to
engage in an activity regulated under the Insurance Code or the
Occupations Code.
(b) Texas criminal history record information obtained by
the state fire marshal under Subsection (a) may not be disclosed or
released to any person except on court order, with the written
consent of the person who is the subject of the criminal history
record information, or as provided by Subsection(d).
(c) After the state fire marshal makes a determination as to
the issuance of a license or other authorization to an applicant as
provided by statute, the state fire marshal shall destroy the
criminal history record information in its possession regarding the
applicant.
(d) The state fire marshal is not prohibited from disclosing
criminal history record information obtained under Subsection (a)
in a criminal proceeding or in a hearing conducted by the state fire
marshal.
(e) In accordance with Section 411.087, the state fire
marshal may obtain criminal history record information from the
Federal Bureau of Investigation identification division.
(f) The state fire marshal may shall not disseminate criminal
history record information obtained from the Federal Bureau of
Investigation.
ARTICLE 19. TEXAS FUNERAL SERVICE COMMISSION
Sec. 411.###. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
Texas Funeral Service Commission. (a) The Texas Funeral Service
Commission is entitled to obtain from the department criminal
history record information maintained by the department that
relates to:
(1) a person who is:
(A) an applicant for a license or certificate
under Sections 651.259(e) and 651.302(d), Occupations Code;
(B) the holder of a license or certificate under
that Act;
(2) an applicant for a license or a license holder
under Chapter 651, Occupations Code;
Sec. 411.###. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
TEXAS FUNERAL SERVICE COMMISSION. (a) Texas Funeral Service
Commission is entitled to obtain from the department criminal
history record information maintained by the department that
relates to:
(1) a person who is:
(A) an applicant for a license or certificate
under the Occupations Code, Subtitle L. Crematory Services, Funeral
Directing, And Embalming (Chapter 651, Crematory Services, Funeral
Directing, And Embalming);
(B) the holder of a license or certificate under
that Act;
(2) an applicant for a license or a license holder
under Subchapter D, Subchapter F, Subchapter G, Subchapter H,
Subchapter I, Subchapter J, Subchapter K, and Subchapter N, Chapter
651, Occupations Code;
(3) an applicant for employment at or current employee
of:
(A) the Texas Funeral Service Commission
(4) a person authorized to access vital records or the
vital records electronic registration system under Chapter 191,
Health and Safety Code, or a funeral director.
(b) Criminal history record information obtained by the
Texas Funeral Service Commission under Subsection (a) may not be
released or disclosed to any person except on court order, with the
written consent of the person or entity that is the subject of the
criminal history record information, or as provided by Subsection
(e).
(c) After an entity is licensed or certified, the Texas
Funeral Service Commission shall destroy the criminal history
record information that relates to that entity. The Texas Funeral
Service Commission shall destroy the criminal history record
information that relates to:
(1) an applicant for employment after that applicant is
employed or, for an applicant who is not employed, after the check
of the criminal history record information on that applicant is
completed; or
(2) an employee or contractor after the check of the
criminal history record information on that employee or contractor
is completed.
(d) The Texas Funeral Service Commission shall destroy
criminal history record information that relates to an applicant
who is not certified or employed, as applicable.
(e) The Texas Funeral Service Commission is not prohibited
from disclosing criminal history record information obtained under
Subsection (a) in a criminal proceeding or in a hearing conducted by
the Texas Funeral Service Commission.
(f) The Texas Funeral Service Commission may not consider
offenses described by Section 542.304, Transportation Code, to
determine whether to hire or retain an employee or to contract with
a person on whom criminal history record information is obtained
under this section.
(g) Texas criminal history record information obtained by the
Texas Funeral Service Commission under Subsection (a) may not be
released or disclosed to any person except on court order, with the
written consent of the person or entity that is the subject of the
criminal history record information, or as provided by Subsection
(e).
(h) After an entity is licensed or certified, the Texas
Funeral Service Commission, shall destroy the criminal history
record information that relates to that entity. The Texas Funeral
Service Commission shall destroy the criminal history record
information that relates to:
(1) an applicant for employment after that applicant is
employed or, for an applicant who is not employed, after the check
of the criminal history record information on that applicant is
completed; or
(2) an employee or contractor after the check of the
criminal history record information on that employee or contractor
is completed.
(i) The Texas Funeral Service Commission shall destroy
criminal history record information that relates to an applicant
who is not certified or employed, as applicable.
(j) The Texas Funeral Service Commission is not prohibited
from disclosing criminal history record information obtained under
Subsection (a) in a criminal proceeding or in a hearing conducted by
the Texas Funeral Service Commission.
(k) In accordance with Section 411.087, the Texas Funeral
Service Commission shall obtain criminal history record
information from the Federal Bureau of Investigation
identification division.
(l) Criminal history record information obtained by the
Federal Bureau of Investigation shall not be disseminated.
ARTICLE 20. STATE BOARD FOR EDUCATOR CERTIFICATION AND TEXAS
EDUCATION AGENCY
Sec. 411.090. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
STATE BOARD FOR EDUCATOR CERTIFICATION. (a) The State Board for
Educator Certification is entitled to obtain from the department
any criminal history record information maintained by the
department about a person who has applied to the board for, or who
currently holds, a certificate under Subchapter B, Chapter 21,
Education Code.
(b) Texas criminal history record information obtained by the
board in the original form or any subsequent form:
(1) may be used only for a purpose related to the
issuance, denial, reprimand, suspension, revocation, or
cancellation of a certificate issued by the board;
(2) may not be released to any person except:
(A) the person who is the subject of the
information;
(B) the Texas Education Agency;
(C) a local or regional educational entity as
provided by Section 411.097; or
(D) by court order;
(3) is not subject to disclosure as provided by Chapter
552; and
(4) shall be destroyed by the board after the
information is used for the authorized purposes.
(c) The department shall notify the State Board for Educator
Certification of the arrest of any educator, as defined by Section
5.001, Education Code, who has fingerprints on file with the
department. Any record of the notification and any information
contained in the notification is not subject to disclosure as
provided by Chapter 552.
(d) The State Board for Educator Certification is not
prohibited from disclosing Texas criminal history record
information obtained under Subsection (a) in a criminal proceeding
or in a hearing conducted by the Texas Education Agency or State
Board for Educator Certification.
(e) In accordance with Section 411.087 the State Board for
Educator Certification shall obtain criminal history record
information from the Federal Bureau of Investigation
identification division.
(f) Criminal history record information obtained by the
Federal Bureau of Investigation shall not be disseminated.
Sec. 411.0901. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: TEXAS EDUCATION AGENCY. (a) The Texas Education
Agency is entitled to obtain criminal history record information
maintained by the department about a person who:
(1) is employed or is an applicant for employment by
the Texas Education Agency; or
(2[1]) is employed or is an applicant for employment by
a school district or open-enrollment charter school;
(3) is subject to placement on the Registry of Persons
Not Eligible for Employment in Public Schools under Section 22.092,
Subchapter C-1, Chapter 22, Texas Education Code;
(4 [2]) is employed or is an applicant for employment
by a shared services arrangement, if the employee's or applicant's
duties are or will be performed on school property or at another
location where students are regularly present; or
(5 [3]) is employed or is an applicant for employment
by an entity that contracts or subcontracts with a school district,
open-enrollment charter school, or shared services arrangement, if
the applicant or employee has or will have continuing duties
related to the contracted or subcontracted services, and has or
will have direct contact with students; orif
(6) provides services as a tutor on behalf of a service
provider that offers accelerated or supplemental instruction under
Section 28.0211, Education Code if the tutor has or will have
continuing duties related to the services provided and has or will
have direct contact with students.
(A) the employee or applicant person has or will
have continuing duties relating to the contracted services
provided; and
(B) the employee or applicant person has or will
have direct contact with students.
(b) Texas criminal history record information obtained by
the agency in the original form or any subsequent form:
(1) may be used only for a purpose authorized by the
Education Code;
(2) may not be released to any person except:
(A) the person who is the subject of the
information;
(B) the State Board for Educator Certification;
(C) a local or regional educational entity as
provided by Section 411.097; or
(D) by court order;
(3) is not subject to disclosure as provided by Chapter
552; and
(4) shall be destroyed by the agency after the
information is used for the authorized purposes.
(c) The Texas Education Agency is not prohibited from
disclosing Texas criminal history record information obtained
under Subsection (a) in a criminal proceeding or in a hearing
conducted by the Texas Education Agency or State Board for Educator
Certification.
(d) In accordance with Section 411.087, the Texas Education
Agency shall obtain criminal history record information from the
Federal Bureau of Investigation identification division.
(e) Criminal history record information obtained by the
Federal Bureau of Investigation shall not be disseminated.
Sec. 411.097. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
LOCAL AND REGIONAL EDUCATIONAL ENTITIES. (a) A school district,
charter school, private school, regional education service center,
commercial transportation company, or education shared services
arrangement is entitled to obtain from the department criminal
history record information maintained by the department that the
district, school, service center, shared services arrangement, or
entity is required or authorized to obtain under Subchapter C,
Chapter 22, Education Code, that relates to a person who is:
(1) an applicant for employment by the district,
school, service center, or shared services arrangement;
(2) an employee of or an applicant for employment with
a public or commercial transportation company that contracts with
the district, school, service center, or shared services
arrangement to provide transportation services if the employee
drives or the applicant will drive a bus in which students are
transported or is employed or is seeking employment as a bus monitor
or bus aide on a bus in which students are transported; or
(3) an employee of or applicant for employment by an
entity that contracts to provide services to a school district,
charter school, or shared services arrangement as provided by
Section 22.0834or 22.08341, Education Code.; or
(4) an employee of or applicant for employment by a
subcontractor of an entity that contracts to provide services to a
school district, charter school, or shared services arrangement as
provided by Section 22.0834 or 22.08341, Education Code; or
(5) a tutor who provides services on behalf of a service
provider that offers accelerated or supplemental instruction under
Section 28.0211, Education Code.
(b) A school district, charter school, private school,
regional education service center, or education shared services
arrangement is entitled to obtain from the department criminal
history record information maintained by the department that the
district, school, service center, or shared services arrangement is
required or authorized to obtain under Subchapter C, Chapter 22,
Education Code, that relates to a person who is a volunteer, student
teacher, or employee of the district, school, service center, or
shared services arrangement.
(c) An open-enrollment charter school is entitled to obtain
from the department criminal history record information maintained
by the department that relates to a person who:
(1) is a member of the governing body of the school, as
defined by Section 12.1012, Education Code; or
(2) has agreed to serve as a member of the governing
body of the school.
(d) Texas criminal history record information obtained by a
school district, charter school, private school, service center,
commercial transportation company, or shared services arrangement
in the original form or any subsequent form:
(1) may not be released to any person except:
(A) the individual who is the subject of the
information;
(B) the Texas Education Agency;
(C) the State Board for Educator Certification;
(D) the chief personnel officer of the
transportation company, if the information is obtained under
Subsection (a)(2); or
(E) by court order;
(2) is not subject to disclosure as provided by Chapter
552; and
(3) shall be destroyed by the school district, charter
school, private school, service center, commercial transportation
company, or shared services arrangement on the earlier of:
(A) the first anniversary of the date the
information was originally obtained; or
(B) the date the information is used for the
authorized purpose.
(e) If a regional education service center or
commercial transportation company that receives criminal history
record information from the department under this section requests
the information by providing to the department a list, including
the name, date of birth, and any other personal descriptive
information required by the department for each person, through
electronic means, magnetic tape, or disk, as specified by the
department, the department may not charge the service center or
commercial transportation company more than the lesser of:
(1) the department's cost for providing the
information; or
(2) the amount prescribed by another law.
(f) An employee of a school district, charter school,
private school, regional education service center, commercial
transportation company, or education shared services arrangement
or an entity that contracts to provide services to a school
district, charter school, or shared services arrangement may
request from the employer a copy of any criminal history record
information relating to that employee that the employer has
obtained as provided by Subchapter C, Chapter 22, Education Code.
The employer may charge a fee to an employee requesting a copy of
the information in an amount not to exceed the actual cost of
copying the requested criminal history record information.
(g) A school district, charter school, private school,
regional education service center, commercial transportation
company, or education shared services arrangement is not prohibited
from disclosing Texas criminal history record information obtained
under Subsection (a) in a criminal proceeding or in a hearing
conducted by the Texas Education Agency or State Board for Educator
Certification.
(h) In accordance with Section 411.087 a school district,
charter school, regional education service center, commercial
transportation company, or education shared services arrangement
shall obtain criminal history record information from the Federal
Bureau of Investigation identification division.
(i) Criminal history record information obtained by the
Federal Bureau of Investigation shall not be disseminated.
411.XXXX ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
QUALIFIED SCHOOL CONTRACTORS
(a) In this section:
(1) "Qualified school contractor" is an entity that
(A) contracts or subcontracts to provide services
to a school district, charter school, or shared services
arrangement; and
(B) is determined eligible authorized by the
department to obtain criminal history pursuant to the National
Child Protection Act for an employee, applicant for employment, or
volunteer of the qualified school contractor.
(b) Texas Criminal history record information obtained by a
qualified school contractor in the original form or any subsequent
form:
(1) may not be released to any person except:
(A) to the individual who is the subject of the
information;
(B) or by court order;
(2) is not subject to disclosure as provided by Chapter
552; and
(3) shall be destroyed by qualified school contractor
on the earlier of:
(A) the first anniversary of the date the
information was originally obtained; or
(B) the date the information is used for the
authorized purpose.
(c) Criminal history record information obtained by the
Federal Bureau of Investigation shall not be disseminated.
(d) A qualified school contractor may provide a fitness
determination based on criminal history obtained under this section
to a school district, charter school, or shared services
arrangement.
(e) The department in coordination with the Commissioner of
Education may adopt rules necessary to implement this section.
Sec. 411.1405. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: STATE AGENCIES; INFORMATION TECHNOLOGY EMPLOYEES.
(a) In this section:
(1) "Information resources" and "information resources
technologies" have the meanings assigned by Section 2054.003.
(2) "State agency" means a department, commission,
board, office, council, authority, or other agency in the
executive, legislative, or judicial branch of state government that
is created by the constitution or a statute of this state, including
a university system or institution of higher education as defined
by Section 61.003, Education Code.
(b) To the extent consistent with Subsection (e), a state
agency is entitled to obtain from the department the criminal
history record information maintained by the department that
relates to a person who:
(1) is an employee, applicant for employment,
contractor, subcontractor, or intern or other volunteer with the
state agency or with a contractor or subcontractor for the state
agency; and
(2) has access to information resources or information
resources technologies, other than a desktop computer or telephone
station assigned to that person.
(c) A state agency that obtains Texas criminal history
record information under this section may not release or disclose
the information or any documents or other records derived from the
information except:
(1) by court order;
(2) with the consent of the person who is the subject of
the information; or
(3) to the affected contractor or subcontractor,
unless the information was obtained by the department from the
Federal Bureau of Investigation.
(d) A state agency and the affected contractor or
subcontractor shall destroy criminal history record information
obtained under this section that relates to a person after the
information is used to make an employment decision or to take a
personnel action relating to the person who is the subject of the
information.
(e) A state agency may not obtain criminal history record
information under this section unless the state agency first adopts
policies and procedures that provide that evidence of a criminal
conviction or other relevant information obtained from the criminal
history record information does not automatically disqualify an
individual from employment. The attorney general shall review the
policies and procedures for compliance with due process and other
legal requirements before adoption by the state agency. The
attorney general may charge the state agency a fee to cover the cost
of the review. The policies and procedures adopted under this
subsection must provide that the hiring official will determine, on
a case-by-case basis, whether the individual is qualified for
employment based on factors that include:
(1) the specific duties of the position;
(2) the number of offenses committed by the individual;
(3) the nature and seriousness of each offense;
(4) the length of time between the offense and the
employment decision;
(5) the efforts by the individual at rehabilitation;
and
(6) the accuracy of the information on the individual's
employment application.
(f) A criminal history record information provision in
another law that is more specific to a state agency, including
Section 411.089, prevails over this section to the extent of any
conflict.
(g) A state agency is not prohibited from disclosing Texas
criminal history record information obtained under Subsection (a)
in a criminal proceeding.
(h) In accordance with Section 411.087, a state agency shall
obtain criminal history record information from the Federal Bureau
of Investigation identification division.
(i) Criminal history record information obtained by the
Federal Bureau of Investigation shall not be disseminated.
Sec. 22.0834. CRIMINAL HISTORY RECORD INFORMATION REVIEW OF
CERTAIN CONTRACT EMPLOYEES. (a) Except as provided by Subsection
(a-1), this subsection applies to a person who is not an applicant
for or holder of a certificate under Subchapter B, Chapter 21, and
who on or after January 1, 2008, is offered employment by an entity
or a subcontractor of an entity that contracts with a school
district, open-enrollment charter school, or shared services
arrangement to provide services, if:
(1) the employee or applicant has or will have
continuing duties related to the contracted services; and
(2) the employee or applicant has or will have direct
contact with students.
(a-1) This section does not apply to an employee or
applicant of a public works contractor if: contracting entity,
subcontracting entity, or other person subject to Section 22.08341.
(1) the public work does not involve the
construction, alteration, or repair of an instructional facility as
defined in 46.001;
(2) for public work that involves
construction of a new instructional facility, the person's duties
related to the contracted services will be completed not later than
the seventh day before the first date the facility will be used for
instructional purposes; or
(3) for a public work that involves an
existing instructional facility:
(A) the public work area contains
sanitary facilities and is separated from all areas used by
students by a secure barrier fence that is not less than six feet in
height; and
(B) the contracting entity adopts a
policy prohibiting employees, including subcontracting entity
employees, from interacting with students or entering areas used by
students, informs employees of the policy, and enforces the policy
at the public work area.
(b) If the contracting entity is a qualified school
contractor as defined under TX Gov. Code 411.XXXX, a A person to
whom Subsection (a) applies must submit to a national criminal
history record information review under this sectionby the
qualified school contractor before being employed or serving in a
capacity described by that subsection.
(b-1) If the contracting entity or subcontracting entity is
not a qualified school contractor, a person to whom Subsection (a)
applies must submit to a national criminal history record
information review by the school district, charter school, regional
education service center, commercial transportation company, or
education shared services arrangement.
(c) Before or immediately after employing or securing the
services of a person to whom Subsection (a) applies, the entity
qualified school contractor or contracting with a school district,
open-enrollment charter school, or shared services arrangement
shall send or ensure that the person sends to the department
information that is required by the department for obtaining
national criminal history record information, which may include
fingerprints and photographs. The department shall obtain the
person's national criminal history record information and report
the results through the criminal history clearinghouse as provided
by Section 411.0845, Government Code.
(d) An entity contracting withA qualified school
contractor or a school district, open-enrollment charter school, or
shared services arrangement shall obtain all criminal history
record information that relates to a person to whom Subsection (a)
applies through the criminal history clearinghouse as provided by
Section 411.0845, Government Code. The entity shall certify to the
school district that the entity has received all criminal history
record information relating to a person to whom Subsection (a)
applies.
(d-1) A qualified school contractor contracting entity
shall require that any of its subcontracting entities obtain all
criminal history record information that relates to an employee to
whom Subsection (a) applies if the subcontracting entity is also a
qualified school contractor.
(d-2) A qualified school contractor shall require that
any of its subcontracting entities that are not qualified school
contractors comply with Subsection (b-1) as it relates to an
employee to whom Subsection (a) applies.
(e) The requirements of subsection (b),(d-1), and (d-2)
do not apply to a qualified school contractor ifAa school
district, open-enrollment charter school, or shared services
arrangement may obtains the criminal history record information of
a person to whom this section applies through the criminal history
clearinghouse as provided by Section 411.0845, Government Code.
(f) In the event of an emergency, a school district may
allow a person to whom Subsection (a) or (g) applies to enter school
district property if the person is accompanied by a district
employee. A school district may adopt rules regarding an emergency
situation under this subsection.
(g) An entity that contracts with a school district,
open-enrollment charter school, or shared services arrangement to
provide services shall obtain from any law enforcement or criminal
justice agency or a private entity that is a consumer reporting
agency governed by the Fair Credit Reporting Act (15 U.S.C. Section
1681 et seq.), all criminal history record information that relates
to an employee of the entity who is employed before January 1, 2008,
and who is not subject to a national criminal history record
information review under Subsection (b) if:
(1) the employee has continuing duties related to
the contracted services; and
(2) the employee has direct contact with
students.
(h) A school district, open-enrollment charter school,
or shared services arrangement, or qualified school contractor may
obtain from any law enforcement or criminal justice agency all
criminal history record information that relates to a person to
whom this section Subsection (g) applies.
(i) An entity shall certify to a school district that
it has received all criminal history record information required by
Subsection (g).
(j) The commissioner may adopt rules as necessary to
implement this section.
(k) The requirements of this section apply to an entity
that contracts directly with a school district, open-enrollment
charter school, or shared services arrangement and any
subcontractor of the entity.
(l) A contracting entity shall require that a
subcontracting entity obtain all criminal history record
information that relates to an employee to whom Subsection (a)
applies. If a contracting or subcontracting entity determines that
Subsection (a) does not apply to an employee, the contracting or
subcontracting entity shall make a reasonable effort to ensure that
the conditions or precautions that resulted in the determination
that Subsection (a) did not apply to the employee continue to exist
throughout the time that the contracted services are provided.
(m) A contracting entity complies with the
requirements of this section if the contracting entity obtains a
written statement from each subcontracting entity certifying that
the subcontracting entity has obtained the required criminal
history record information for employees of the subcontracting
entity and the subcontracting entity has obtained certification
from each of the subcontracting entity's subcontractors.
(n) A subcontracting entity must certify to the school
district, open-enrollment charter school, or shared services
arrangement and the contracting entity that the subcontracting
entity has obtained all criminal history record information that
relates to an employee to whom Subsection (a) applies and has
obtained similar written certifications from the subcontracting
entity's subcontractors.
(o) A school district, charter school, regional
education service center, commercial transportation company, or
education shared services arrangement, qualified school
contractor, contracting or subcontracting entity may not permit an
employee to whom Subsection (a) applies to provide services at a
school if the employee has been convicted of a felony or misdemeanor
offense that would prevent a person from being employed under
Section 22.085(a).
(p) A qualified school contractor shall certify to the
school district that the entity has received all criminal history
record information relating to a person to whom Subsection (a)
applies.
(pq) In this section:
(1) "Contracting entity" means an entity that
contracts directly with a school district, open-enrollment charter
school, or shared services arrangement to provide services to the
school district, open-enrollment charter school, or shared
services arrangement.
(2) "Subcontracting entity" means an entity that
contracts with another entity that is not a school district,
open-enrollment charter school, or shared services arrangement to
provide services to a school district, open-enrollment charter
school, or shared services arrangement.
(3) “Qualified school contractor” has the same meaning
as defined in Tx Gov Code 411.XXXX
(4) “Public works contractor” means an entity that
contracts directly or subcontracts with an entity that contracts
with a school district, open-enrollment charter school, or shared
services arrangement to provide services to the school district,
open-enrollment charter school, or shared services arrangement.
Sec. 22.08341 REPEALED
Sec. 22.08341. CRIMINAL HISTORY RECORD INFORMATION REVIEW BY
CERTAIN PUBLIC WORKS CONTRACTORS. (a) In this section:
(1) "Contracting entity" means an entity that
contracts directly with a school district, open-enrollment charter
school, or shared services arrangement to provide engineering,
architectural, or construction services to the district, school, or
arrangement.
(2) "Instructional facility" has the meaning assigned
by Section 46.001.
(3) "Subcontracting entity" means an entity that
contracts with another entity that is not a school district,
open-enrollment charter school, or shared services arrangement to
provide engineering, architectural, or construction services to a
school district, open-enrollment charter school, or shared
services arrangement.
(b) This subsection applies to a person who is not an
applicant for or holder of a certificate under Subchapter B,
Chapter 21, and who is employed by a contracting or subcontracting
entity on a project to design, construct, alter, or repair a public
work if the person has or will have:
(1) continuing duties related to the contracted
services; and
(2) the opportunity for direct contact with students in
connection with the person's continuing duties.
(c) For purposes of Subsection (b), a person does not have
the opportunity for direct contact with students if:
(1) the public work does not involve the construction,
alteration, or repair of an instructional facility;
(2) for a public work that involves construction of a
new instructional facility, the person's duties related to the
contracted services will be completed not later than the seventh
day before the first date the facility will be used for
instructional purposes; or
(3) for a public work that involves an existing
instructional facility:
(A) the public work area contains sanitary
facilities and is separated from all areas used by students by a
secure barrier fence that is not less than six feet in height; and
(B) the contracting entity adopts a policy
prohibiting employees, including subcontracting entity employees,
from interacting with students or entering areas used by students,
informs employees of the policy, and enforces the policy at the
public work area.
(d) A contracting entity or subcontracting entity may not
permit an employee to whom Subsection (b) applies to provide
services at an instructional facility if the employee, during the
preceding 30 years, was convicted of any of the following offenses
and the victim was under 18 years of age or was enrolled in a public
school:
(1) a felony offense under Title 5, Penal Code;
(2) an offense on conviction of which a defendant is
required to register as a sex offender under Chapter 62, Code of
Criminal Procedure; or
(3) an offense under the laws of another state or
federal law that is equivalent to an offense under Subdivision (1)
or (2).
(e) For a person to whom Subsection (b) applies, the
contracting entity or subcontracting entity that employs the person
shall:
(1) send or ensure that the person sends to the
department information that is required by the department for
obtaining national criminal history record information, which may
include fingerprints and photographs;
(2) obtain all criminal history record information
that relates to the person through the criminal history
clearinghouse as provided by Section 411.0845, Government Code; and
(3) certify to the school district, open-enrollment
charter school, shared services arrangement, or contracting
entity, as applicable, that the contracting entity or
subcontracting entity that employs the person has received all
criminal history record information relating to the person.
(f) A contracting entity shall certify to the school
district, open-enrollment charter school, or shared services
arrangement, as applicable, that the contracting entity has
obtained written certifications from any subcontracting entity
that the subcontracting entity has complied with Subsection (e) as
it relates to the subcontracting entity's employees.
(g) On receipt of information described by Subsection
(e)(1), the department shall obtain the person's national criminal
history record information and report the results through the
criminal history clearinghouse as provided by Section 411.0845,
Government Code.
(h) A school district, open-enrollment charter school, or
shared services arrangement may directly obtain the criminal
history record information of a person to whom Subsection (b)
applies through the criminal history clearinghouse as provided by
Section 411.0845, Government Code.
(i) If a contracting entity or subcontracting entity
determines that Subsection (b) does not apply to an employee, the
contracting or subcontracting entity shall make a reasonable effort
to ensure that the conditions or precautions that resulted in the
determination that Subsection (b) does not apply to the employee
continue to exist throughout the time that the contracted services
are provided.
(j) In the event of an emergency, a school district,
open-enrollment charter school, or shared services arrangement may
allow a person to whom Subsection (b) applies to enter an
instructional facility if the person is accompanied by an employee
of the district, school, or arrangement. A school district,
open-enrollment charter school, or shared services arrangement may
adopt a policy regarding an emergency for purposes of this
subsection.
(k) The commissioner may adopt rules necessary to implement
this section.
Added by Acts 2017, 85th Leg., R.S., Ch. 1070 (H.B. 3270), Sec. 2,
eff. September 1, 2017.
Sec. 22.0835. ACCESS TO CRIMINAL HISTORY RECORDS OF STUDENT
TEACHERS AND VOLUNTEERS BY LOCAL AND REGIONAL EDUCATION
AUTHORITIES. (a) A school district, open-enrollment charter
school, or shared services arrangement shall obtain from the
department and may obtain from any other law enforcement or
criminal justice agency or a private entity that is a consumer
reporting agency governed by the Fair Credit Reporting Act (15
U.S.C. Section 1681 et seq.), all criminal history record
information that relates to:
(1) a person participating in an internship consisting
of student teaching to receive a teaching certificate; or
(2) a volunteer or person who has indicated, in
writing, an intention to serve as a volunteer with the district,
school, or shared services arrangement.
(b) A private school or regional education service center may
obtain from any law enforcement or criminal justice agency all
criminal history record information that relates to a person who
volunteers or has indicated, in writing, an intention to serve as a
volunteer with the school or service center.
(c) A person to whom Subsection (a) or (b) applies must
provide to the school district, open-enrollment charter school,
private school, regional education service center, or shared
services arrangement a driver's license or another form of
identification containing the person's photograph issued by an
entity of the United States government.
(d) A person to whom Subsection (a) applies may not perform
any student teaching or volunteer duties until all requirements
under Subsections (a) and (c) have been satisfied.
(e) Subsections (a) and (c) do not apply to a person who
volunteers or is applying to volunteer with a school district,
open-enrollment charter school, or shared services arrangement if
the person:
(1) is the parent, guardian, or grandparent of a child
who is enrolled in the district or school for which the person
volunteers or is applying to volunteer;
(2) will be accompanied by a school district employee
while on a school campus; or
(3) is volunteering for a single event on the school
campus.
(f) A school district, open-enrollment charter school, or
shared services arrangement may obtain from the department or any
law enforcement or criminal justice agency all criminal history
record information that relates to a person to whom Subsection (e)
applies.
(g) A school district, open-enrollment charter school,
private school, regional education service center, or shared
services arrangement may require a student teacher, volunteer, or
volunteer applicant to pay any costs related to obtaining criminal
history record information under this section.
Sec. 22.085. EMPLOYEES AND APPLICANTS CONVICTED OF OR PLACED
ON DEFERRED ADJUDICATION COMMUNITY SUPERVISION FOR CERTAIN
OFFENSES. (a) A school district, open-enrollment charter school,
or shared services arrangement shall discharge or refuse to hire an
employee or applicant for employment if the district, school, or
shared services arrangement obtains information through a criminal
history record information review that the employee or applicant
has been:
(1) convicted of or placed on deferred adjudication
community supervision for an offense for which a defendant is
required to register as a sex offender under Chapter 62, Code of
Criminal Procedure; or
(2) convicted of:
(A) a felony offense under Title 5, Penal Code, if
the victim of the offense was under 18 years of age at the time the
offense was committed; or
(B) an offense under the laws of another state or
federal law that is equivalent to an offense under Subdivision (1)
or Paragraph (A).
(b) Subsection (a) does not apply if the employee or
applicant for employment committed an offense under Title 5, Penal
Code and:
(1) the date of the offense is more than 30 years
before:
(A) the effective date of S.B. No. 9, Acts of the
80th Legislature, Regular Session, 2007, in the case of a person
employed by a school district, open-enrollment charter school, or
shared services arrangement as of that date; or
(B) the date the person's employment will begin,
in the case of a person applying for employment with a school
district, open-enrollment charter school, or shared services
arrangement after the effective date of S.B. No. 9, Acts of the 80th
Legislature, Regular Session, 2007; and
(2) the employee or applicant for employment satisfied
all terms of the court order entered on conviction.
(c) A school district, open-enrollment charter school, or
shared services arrangement may not allow a person who is an
employee of or applicant for employment by a qualified school
contractor or an entity that contracts with the district, school,
or shared services arrangement to serve at the district or school or
for the shared services arrangement if the district, school, or
shared services arrangement obtains information described by
Subsection (a) through a criminal history record information review
concerning the employee or applicant. A school district,
open-enrollment charter school, or shared services arrangement
must ensure that an entity that the district, school, or shared
services arrangement contracts with for services has obtained all
criminal history record information as required by Section 22.0834
or 22.08341.
(d) A school district, open-enrollment charter school,
private school, regional education service center, or shared
services arrangement may discharge an employee if the district or
school obtains information of the employee's conviction of a felony
or of a misdemeanor involving moral turpitude that the employee did
not disclose to the State Board for Educator Certification or the
district, school, service center, or shared services arrangement.
An employee discharged under this section is considered to have
been discharged for misconduct for purposes of Section 207.044,
Labor Code.
(e) The State Board for Educator Certification may impose a
sanction on an educator who does not discharge an employee or refuse
to hire an applicant for employment if the educator knows or should
have known, through a criminal history record information review,
that the employee or applicant has been:
(1) convicted of or placed on deferred adjudication
community supervision for an offense described by Subsection
(a)(1); or
(2) convicted of an offense described by Subsection
(a)(2).
(f) Each school year, the superintendent of a school
district or chief operating officer of an open-enrollment charter
school shall certify to the commissioner that the district or
school has complied with this section.
ARTICLE 21. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
SEC. 411.###. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY. (a) The Texas
Commission on Environmental Quality is entitled to obtain from the
Department criminal history record information maintained by the
department that relates to:
(1) a person who:
(A) is an applicant for a license or registration
under:
(i) Health and Safety Code Chapters 341, 361,
and 366;
(ii) Occupations Code Chapter 1903; or
(iii) Texas Water Code Chapters 37 and 26;
(B) is the holder of a license or registration
under the statutes listed in 411.###(1)(A); or
(C) requests a determination of eligibility for a
license or registration from the agency under the statutes listed
in 411.###(1)(A).
(b) Texas criminal history record information obtained by the
Texas Commission on Environmental Quality under Subsection (a) may
not be released or disclosed to any person except on court order,
with the written consent of the person that is the subject of the
criminal history record information, or as provided by Subsection
(d).
(c) After completion of the criminal history review or
proceeding for a person, for the purposes of a licensure or
registration, the Texas Commission on Environmental Quality shall
destroy the criminal history record information that relates to
that person.
(d) The Texas Commission on Environmental Quality is not
prohibited from disclosing criminal history record information
obtained under Subsection (a) in a criminal proceeding or in an
administrative proceeding conducted by:
(i) the Texas Commission on Environmental
Quality; or
(ii) the State Office of Administrative
Hearings.
(e) In accordance with Section 411.087, the Texas Commission
on Environmental Quality may obtain criminal history record
information from the Federal Bureau of Investigation
identification division.
(f) Criminal history record information obtained by the
Federal Bureau of Investigation shall not be disseminated.
ARTICLE 22. TEXAS RACING COMMISSION
SECTION 1. Section 411.096, Government Code, is amended to
read as follows:
Sec. 411.096. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: TEXAS RACING COMMISSION. (a) The Texas Racing
Commission is entitled to obtain from the department criminal
history record information maintained by the department that
relates to [a person who is]:
(1) a person who is:
(A) an applicant for or the holder of a license
under Chapter 2025 of the Texas Occupations Code; or
(B) a controlling person, as defined in Chapter
2025 of the Texas Occupations Code, of an entity described therein;
(C) an owner or manager of an applicant for any
license promulgated under Chapter 2025 of the Texas Occupations
Code license under (A); or
(D) the holder of a license or certificate under
that Act; or
(2) a person who:
(A) is an applicant for or the holder of a license
under Chapter 2025 of the Texas Occupations Code; or
(B) has an interest described under Section
Chapter 2025 of the Texas Occupations Code, in an entity described
therein.
(3) an applicant for employment at or current
employee of:
(A) The Texas Racing Commissions defined by
Texas Occupations Code 2022; or
(B) employment within the Texas Racing
industry.
(4) an applicant for employment at, current
employee of, or person who contracts or may contract to provide
goods or services with the Texas Racing Commission that monitors
racing in Texasas described byTexas Occupations Code Chapter 2022.
(b) Texas criminal history record information obtained by
the Texas Racing Commission under Subsection (a) may not be
released or disclosed to any person except on court order, with the
written consent of the person or entity that is the subject of the
criminal history record information, or as provided by Subsection
(c).
(c) After an entity is licensed or certified, the Texas
Racing Commission shall destroy the criminal history record
information that relates to that entity. The Texas Racing
Commission shall destroy the criminal history record information
that relates to:
(1) an applicant for employment after that applicant is
employed or, for an applicant who is not employed, after the check
of the criminal history record information on that applicant is
completed; or
(2) an employee or contractor after the check of the
criminal history record information on that employee or contractor
is completed.
(d) The Texas Racing Commission shall destroy criminal
history record information that relates to an applicant who is not
certified or employed, as applicable.
(e) The Texas Racing Commission is not prohibited from
disclosing Texas criminal history record information obtained
under Subsection (a) in a criminal proceeding or in a hearing
conducted by the Texas Racing Commission or the State Office of
Administrative Hearings, as applicable.
(f) In accordance with Section 411.087, the Texas Racing
Commission shall obtain criminal history record information from
the Federal Bureau of Investigation identification division.
(g) Criminal history record information obtained by the
Federal Bureau of Investigation shall not be disseminated.
SECTION 2. Section 2025.251, Occupations Code, is amended to
read as follows:
Sec. 2025.251. OCCUPATIONAL LICENSE REQUIRED. (a) Except as
provided by this section, a person, other than as a spectator or as
a person placing a wager, may not participate in racing with
pari-mutuel racing activities or wagering without first obtaining a
license from the commission. A person may not engage in any
occupation for which commission rules require a license under this
subtitle without first obtaining a license from the commission.
(b) The commission by rule shall categorize the occupations
of racetrack employees and determine the occupations that afford
the employee an opportunity to influence racing with pari-mutuel
wagering, including individuals who:The rules must require an
employee to be licensed under this subtitle if the employee.
(1) works in an occupation as an employee, contractor,
or volunteer,determined by the commission to afford the individual
the employee an opportunity to influence racing with pari-mutuel
wagering;
or (2) will likely have significant access to the backside of
a racetrack or to restricted areas of the frontside of a racetrack
(3) Notwithstanding section (b) above, the following
individuals require a criminal history background check before an
occupational license is issued: commissioners, racing commission
employees, racing association employees, owners or employees of
race horses.
ARTICLE 23. TEXAS STATE BOARD OF DENTAL EXAMINERS
Sec. 411.###. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
STATE BOARD OF DENTAL EXAMINERS. (a) The State Board of Dental
Examiners is entitled to obtain from the department criminal
history record information maintained by the department that
relates to a person who:
(1) is an applicant for a license, certificate,
registration, permit, or other authorization under Title 3,
Subtitle D, Occupations Code (Dental Practice Act);
(2) is the holder of a license, certificate,
registration, permit, or other authorization under that Act;
(3) requests a determination of eligibility for a
license, certificate, registration, permit, or other authorization
from the State Board of Dental Examiners; or
(4) is an applicant for employment at or current
employee of the State Board of Dental Examiners.
(b) Texas Ccriminal history record information obtained by
the State Board of Dental Examiners under Subsection (a) may not be
released or disclosed to any person except on court order, with the
written consent of the person who is the subject of the criminal
history record information, or as provided by Subsection (d).
(c) The State Board of Dental Examiners shall destroy
criminal history record information obtained under this section
after a final determination is made in the matter for which the
information was obtained.
(d) The State Board of Dental Examiners is not prohibited
from disclosing Texas criminal history record information obtained
under Subsection (a) in a criminal proceeding or in a hearing
conducted by the State Board of Dental Examiners or State Office of
Administrative Hearings.
(e) In accordance with Section 411.087, the State Board of
Dental Examiners shall obtain criminal history record information
from the Federal Bureau of Investigation identification division.
(f) Criminal history record information obtained by the
Federal Bureau of Investigation shall not be disseminated.
ARTICLE 24. CONSUMER CREDIT COMMISSIONER
SECTION 24.01. Section 411.095, Government Code, is amended
to read as follows:
Sec. 411.095. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
CONSUMER CREDIT COMMISSIONER. (a) The consumer credit
commissioner is entitled to obtain from the department criminal
history record information maintained by the department that
relates to a person who is:
(1) an applicant for or holder of a license or
registration under Chapter 180, 342, 347, 348, 351, 353, 371, 393,
or 394, Finance Code;
(2) an officer, director, owner, or employee of the
entity or another person having a substantial relationship with the
entity under Chapter 180, 342, 347, 348, 351, 353, 371, 393, or 394,
Finance Code;
(3) an employee of or volunteer with the Office of
Consumer Credit Commissioner;
(4) [(3)] an applicant for employment with the Office
of Consumer Credit Commissioner; or
(5) [(4)] a contractor or subcontractor of the Office
of Consumer Credit Commissioner.
(b) Texas criminal history record information obtained by
the Office of Consumer Credit Commissioner under Subsection (a) may
not be released or disclosed to any person except: [The consumer
credit commissioner may not release or disclose criminal history
record information obtained under this section unless:
[(1) the information is obtained from a
fingerprint-based search; and
[(2) the information is released or disclosed:
(1) [(A)] on court order;
(2) [(B)] to the person who is the subject of the
criminal history record information; [or]
(3) [(C)] with the consent of the person who is the
subject of the criminal history record information; or
(4) in a hearing where the Office of Consumer Credit
Commissioner is a party.
(c) In accordance with Section 411.087, the consumer credit
commissioner may obtain criminal history record information from
the Federal Bureau of Investigation identification division
regarding a person described by subsection (a).
(d) Criminal history record information obtained by the
Federal Bureau of Investigation shall not be disseminated except to
the person who is the subject of the criminal history record
information.
SECTION 24.02. Section 14.151(a), Finance Code, is amended
to read as follows:
(a) The commissioner or an assistant commissioner, examiner,
or other employee of the office shall obtain criminal history
record information maintained by the Department of Public Safety,
the Federal Bureau of Investigation Identification Division, or
another law enforcement agency relating to a person described by
Section 411.095(a)(1) or (2) [411.095(a)(1)], Government Code.
ARTICLE 25. TEXAS COMPTROLLER OF PUBLIC ACCOUNTS
SECTION 25.01. Section 411.109, Government Code, is amended
by amending Subsection (d) and adding Subsections (f), (g), and (h)
to read as follows:
(d) Texas Criminal history record information obtained by the
comptroller under Subsections (a), (b), and (c) may not be released
or disclosed to any person except on court order, with the written
consent of the person or entity that is the subject of the criminal
history record information, or as provided by Subsections
[Subsection] (e) or (f).
(f) The comptroller is not prohibited from disclosing
criminal history record information obtained under Subsection (a)
in a criminal proceeding or in a hearing conducted by the
comptroller.
(g) In accordance with Section 411.087, the comptroller may
obtain criminal history record information from the Federal Bureau
of Investigation identification division.
(h) Criminal history record information obtained by the
Federal Bureau of Investigation shall not be disseminated.
ARTICLE 26. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS:
MANUFACTURED HOUSING DIVISION
Tex. Occ. Code 1201.1031(f) the department is entitled to obtain
criminal history record information maintained by the Department of
Public Safety that relates to:
(1) a person who is:
(A) an applicant for a license under Chapter 1201
of the Texas Occupations Code;
(B) an owner, officer, related person or manager
of an applicant for manufacturer, retailer, broker, installer, or
salesperson license under (A); or
(C) the holder of a license under that Act; or
(2) an applicant for a license or a license holder
under Chapter 1201 of the Texas Occupations Code;
(g) Texas criminal history record information obtained by
the Manufactured Housing Division under Subsection (a) may not be
released or disclosed to any person except on court order, with the
written consent of the person or entity that is the subject of the
criminal history record information, or as provided by Subsection
(e).
(h) Texas criminal history record information obtained by the
department under Subsection (a) may not be released or disclosed to
any person except on court order, with the written consent of the
person or entity that is the subject of the criminal history record
information, or as provided by Subsection (e).
(i) The department shall destroy the criminal history record
information that relates toan applicant for licensure after that
applicant is licensed or, for an applicant who is not licensed,
after the check of the criminal history record information on that
applicant is completed;
(j) the department is not prohibited from disclosing criminal
history record information obtained under Subsection (f) in a
criminal proceeding or in a hearing conducted by the department.
(k) In accordance with Section 411.087 and Tex. Occ. Code §
1201.1031, the department shall obtain criminal history record
information from the Federal Bureau of Investigation
identification division.
(l) Criminal history record information obtained by the
Federal Bureau of Investigation shall not be disseminated.
Sec. 411.###. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: The
Manufactured Housing Division. (a) The Manufactured Housing
Division is entitled to obtain from the department criminal history
record information maintained by the department that relates to:
(1) a person who is:
(A) an applicant for a license under Chapter 1201
of the Texas Occupations Code;
(B) an owner, officer, related person or manager
of an applicant for manufacturer, retailer, broker, installer, or
salesperson license under (A); or
(C) the holder of a license under that Act;
(2) an applicant for a license or a license holder under
Chapter 1201 of the Texas Occupations Code;
(b) Texas criminal history record information obtained by the
Manufactured Housing Division under Subsection (a) may not be
released or disclosed to any person except on court order, with the
written consent of the person or entity that is the subject of the
criminal history record information, or as provided by Subsection
(e).
(c) After an entity is licensed, the Manufactured Housing
Division, shall destroy the criminal history record information
that relates to that entity. The Manufactured Housing Division
shall destroy the criminal history record information that relates
to:
(1) an applicant for licensure after that applicant is
licensed or, for an applicant who is not licensed, after the check
of the criminal history record information on that applicant is
completed; or
(2) a licensee after the check of the criminal history
record information on that licensee is completed.
(d) The Manufactured Housing Division shall destroy criminal
history record information that relates to an applicant who is not
licensed, as applicable.
(e) The Manufactured Housing Division is not prohibited from
disclosing criminal history record information obtained under
Subsection (a) in a criminal proceeding or in a hearing conducted by
the Manufactured Housing Division.
(g) In accordance with Section 411.087 or Chapter 1201 of the
Texas Occupations Code, the Manufactured Housing Division shall
obtain criminal history record information from the Federal Bureau
of Investigation identification division.
(h) Criminal history record information obtained by the
Federal Bureau of Investigation shall not be disseminated.
ARTICLE 27. TEXAS DEPARTMENT OF LICENSING AND REGULATION
SECTION 27.01. Section 411.093, Government Code, is amended
to read as follows:
Sec. 411.093. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
TEXAS DEPARTMENT OF LICENSING AND REGULATION. (a) The Texas
Department of Licensing and Regulation is entitled to obtain from
the department criminal history record information maintained by
the department that relates to [a person who is]:
(1) an applicant for or the holder of:
(A) a driver education instructor license under
Chapter 1001, Education Code; [a license, certificate,
registration, title, or permit issued by the department]; [or]
(B) a license under Chapter 202, Occupations
Code;
(C) a license under Chapter 401, Occupations
Code;
(D) a license under Chapter 402, Occupations
Code;
(2) a person who is: [the holder of a license,
certificate, registration, title, or permit issued by the
department]
(A) an applicant for or the holder of a license
under Chapter 91, Labor Code; or
(B) a controlling person, as defined in Chapter
91, Labor Code, of an entity described in Paragraph (A); or
(3) a person who:
(A) is an applicant for or the holder of a license
under Chapter 455, Occupations Code; or
(B) has an interest described under Section
455.1525(e), Occupations Code, in an entity described in Paragraph
(A).
(b) Criminal history record information obtained by the
Texas Department of Licensing and Regulation under Subsection (a)
may not be released or disclosed to any person except on court
order, with the written consent of the person or entity that is the
subject of the criminal history record information, or as provided
by Subsection (c).
(c) The Texas Department of Licensing and Regulation is not
prohibited from disclosing criminal history record information
obtained under Subsection (a) in a criminal proceeding or in a
hearing conducted by the Texas Department of Licensing and
Regulation or the State Office of Administrative Hearings, as
applicable.
(d) In accordance with Section 411.087, the Texas Department
of Licensing and Regulation shall obtain criminal history record
information from the Federal Bureau of Investigation
identification division.
(e) Criminal history record information obtained by the
Federal Bureau of Investigation shall not be disseminated.
SECTION 2. Section 411.122(d), Government Code, as amended by
Chapter 768 (H.B. 1501), Acts of the 86th Legislature, Regular
Session, 2019, is amended to read as follows:
(d) The following state agencies are subject to this section:
(1)Texas Appraiser Licensing and Certification Board;
(2) Texas Board of Architectural Examiners
(3) Texas Board of Chiropractic Examiners;
(4) State Board of Dental Examiners;
(5) Texas Board of Professional Engineers;
(6) Texas Funeral Service Commission;
(7) Texas Board of Professional Geoscientists;
(8) Health and Human Services Commission, except as
provided by Section 411.110, and agencies attached to the
commission;
(9) Texas Board of Professional Land Surveying;
(10) Texas Department of Licensing and Regulation[,
except as provided by Section 411.093];
(11) Texas Commission on Environmental Quality;
(12) Texas Board of Occupational Therapy Examiners;
(13) Texas Optometry Board;
(14) Texas State Board of Pharmacy;
(15) Texas Board of Physical Therapy Examiners;
(16) Texas State Board of Plumbing Examiners;
(17) Texas Behavioral Health Executive Council;
(18) Texas Real Estate Commission;
(19) Texas Department of Transportation;
(20) State Board of Veterinary Medical Examiners;
(21) Texas Department of Housing and Community Affairs;
(22) secretary of state;
(23) state fire marshal;
(24) Texas Education Agency;
(25) Department of Agriculture; and
(26) Texas Department of Motor Vehicles.
SECTION 3. Section 411.122(d), Government Code, as amended by
Chapter 1232 (H.B. 1523), Acts of the 86th Legislature, Regular
Session, 2019, is amended to read as follows:
(d) The following state agencies are subject to this
section:
(1) Texas Appraiser Licensing and Certification
Board;
(2) Texas Board of Architectural Examiners;
(3) Texas Board of Chiropractic Examiners;
(4) State Board of Dental Examiners;
(5) Texas Board of Professional Engineers and Land
Surveyors;
(6) Texas Funeral Service Commission;
(7) Texas Board of Professional Geoscientists;
(8) Health and Human Services Commission, except as
provided by Section 411.110, and agencies attached to the
commission, including:
(A) Texas State Board of Examiners of Marriage and
Family Therapists;
(B) Texas State Board of Examiners of Professional
Counselors; and
(C) Texas State Board of Social Worker Examiners;
(9) Texas Department of Licensing and Regulation[,
except as provided by Section 411.093];
(10) Texas Commission on Environmental Quality;
(11) Texas Board of Occupational Therapy Examiners;
(12) Texas Optometry Board;
(13) Texas State Board of Pharmacy;
(14) Texas Board of Physical Therapy Examiners;
(15) Texas State Board of Plumbing Examiners;
(16) Texas State Board of Examiners of Psychologists;
(17) Texas Real Estate Commission;
(18) Texas Department of Transportation;
(19) State Board of Veterinary Medical Examiners;
(20) Texas Department of Housing and Community Affairs;
(21) secretary of state;
(22) state fire marshal;
(23) Texas Education Agency;
(24) Department of Agriculture; and
(25) Texas Department of Motor Vehicles.
SECTION 4. Section 411.122(d), Government Code, as amended by
Chapter 684 (S.B. 2200), Acts of the 86th Legislature, Regular
Session, 2019, is amended to read as follows:
(d) The following state agencies are subject to this section:
(1) Texas Appraiser Licensing and Certification Board;
(2) Texas Board of Architectural Examiners;
(3) Texas Board of Chiropractic Examiners;
(4) State Board of Dental Examiners;
(5) Texas Board of Professional Engineers;
(6) Texas Funeral Service Commission;
(7) Texas Board of Professional Geoscientists;
(8) Health and Human Services Commission and the
Department of State Health Services, except as provided by Section
411.110, and agencies attached to that commission, including:
(A) Texas State Board of Examiners of Marriage and
Family Therapists;
(B) Texas State Board of Examiners of Professional
Counselors; and
(C) Texas State Board of Social Worker Examiners;
(9) Texas Board of Professional Land Surveying;
(10) Texas Department of Licensing and Regulation[,
except as provided by Section 411.093];
(11) Texas Commission on Environmental Quality;
(12) Texas Board of Occupational Therapy Examiners;
(13) Texas Optometry Board;
(14) Texas State Board of Pharmacy;
(15) Texas Board of Physical Therapy Examiners;
(16) Texas State Board of Plumbing Examiners;
(17) Texas State Board of Examiners of Psychologists;
(18) Texas Real Estate Commission;
(19) Texas Department of Transportation;
(20) State Board of Veterinary Medical Examiners;
(21) Texas Department of Housing and Community Affairs;
(22) secretary of state;
(23) state fire marshal;
(24) Texas Education Agency;
(25) Department of Agriculture; and
(26) Texas Department of Motor Vehicles.
ARTICLE 28. TEXAS LOTTERY COMMISSION
Sec. 411.108. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: TEXAS LOTTERY COMMISSION. (a) The Texas Lottery
Commission is entitled to obtain from the department criminal
history record information maintained by the department that
relates to a person who, under Chapter 466, is:
(1) a sales agent or an applicant for a sales agent
license;
(2) a person required to be named in a license
application;
(3) a lottery operator or prospective lottery operator;
(4) an employee of a lottery operator or prospective
lottery operator, if the employee is or will be directly involved in
lottery operations;
(5) a person who manufactures or distributes lottery
equipment or supplies or a representative of a person who
manufactures or distributes lottery equipment or supplies offered
to the lottery;
(6) a person who has submitted a written bid or proposal
to the commission in connection with the procurement of goods or
services by the commission, if the amount of the bid or proposal
exceeds $500;
(7) an employee or other person who works for or will
work for a sales agent or an applicant for a sales agent license;
(8) a person who proposes to enter into or who has a
contract with the commission to supply goods or services to the
commission;
(9) if a person described in Subdivisions (1) through
(8) of this section is not an individual, an individual who:
(A) is an officer or director of the person;
(B) holds more than 10 percent of the stock in the
person;
(C) holds an equitable interest greater than 10
percent in the person;
(D) is a creditor of the person who holds more than
10 percent of the person's outstanding debt;
(E) is the owner or lessee of a business that the
person conducts or through which the person will conduct
lottery-related activities;
(F) shares or will share in the profits, other
than stock dividends, of the person;
(G) participates in managing the affairs of the
person; or
(H) is an employee of the person who is or will be
involved in:
(i) selling tickets; or
(ii) handling money from the sale of tickets;
(10) the executive director or a prospective executive
director of the commission;
(11) an employee or prospective employee of the
commission; or
(12) a sales agent whose license is renewed under
Section 466.158.
(a-1) The Texas Lottery Commission is entitled to obtain from
the department criminal history record information maintained by
the department that relates to a person licensed under Chapter
2001, Occupations Code, or described by Section 2001.3025,
Occupations Code.
(b) Texas Criminal history record information obtained by the
commission under Subsection (a) or (a-1) may not be released or
disclosed to any person except on court order, with the written
consent of the person or entity that is the subject of the criminal
history record information, or as provided by Subsection (ec).
(c) After an entity is licensed or certified, the commission
shall destroy the criminal history record information that relates
to that entity. The commission shall destroy the criminal history
record information that relates to:
(1) an applicant for employment after that applicant is
employed or, for an applicant who is not employed, after the check
of the criminal history record information on that applicant is
completed; or
(2) an employee or contractor after the check of the
criminal history record information on that employee or contractor
is completed.
(d) The Texas Lottery Commission shall destroy criminal
history record information that relates to an applicant who is not
certified or employed, as applicable.
(e) The Texas Lottery Commission is not prohibited from
disclosing criminal history record information obtained under
Subsection (a) in a criminal proceeding or in a hearing conducted by
the State Office of Administrative HearingsTexas Lottery
Commission.
(g) In accordance with Government Code Sections 411.087,
466.201, and 467.036(b), and Occupations Code Section 2001.3025,
the Texas Lottery Commission shall obtain criminal history record
information from the Federal Bureau of Investigation
identification division.
(h) Criminal history record information obtained by the
Federal Bureau of Investigation shall not be disseminated.
(c) The commission is not prohibited from disclosing to the
person who is the subject of the criminal history record
information the dates and places of arrests, offenses, and
dispositions contained in the criminal history record information.
ARTICLE 29. TEXAS MEDICAL BOARD
Sec. 411.###. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
TEXAS MEDICAL BOARD. (a) The Texas Medical Board is entitled to
obtain from the department criminal history record information
maintained by the department that relates to:
(1) a person who is:
(A) an applicant for or holder of a license to
practice medicine;
(B) an applicant for or holder of a license to
practice as a physician assistant;
(C) an applicant for or holder of a license to
practice as an acupuncturist;
(D) an applicant for or holder of a certificate to
practice as an acudetox specialist;
(E) an applicant for or holder of a license to
practice as a surgical assistant;
(F) an applicant for or holder of a general
certificate to perform radiologic procedures, limited certificate
to perform radiologic procedures only on specific parts of the
body, or radiologist assistant certificate;;
(G) an applicant for or holder of a placement on
the registry of non-certified technicians;
(H) an employee of an applicant for a hardship
exemption;
(I) an applicant for or holder of a license to
practice as a medical physicist;
(J) an applicant for or holder of a license to
practice as a perfusionist;
(K) an applicant for or holder of a license to
practice as a respiratory care practitioner; and
(L) an applicant for or holder of a pain
management clinic certificate.
(b) Texas criminal history record information obtained by the
Texas Medical Board under Subsection (a) may not be released or
disclosed to any person, except as provided by subsection (c).
(c) The Texas Medical Board is not prohibited from disclosing
criminal history record information obtained under Subsection (a)
in a hearing conducted by the Medical Board or its advisory boards.
(d) In accordance with Section 411.087, the Texas Medical
Board may obtain criminal history record information from the
Federal Bureau of Investigation identification division.
(e) Criminal history record information obtained by the
Federal Bureau of Investigation shall not be disseminated.
ARTICLE 30. JUDICIAL BRANCH CERTIFICATION COMMISSION
SECTION 30.01. Chapter 1104, Estates Code, is amended to
read as follows:
Sec. 1104.402. COURT CLERK'S DUTY TO OBTAIN CRIMINAL HISTORY
RECORD INFORMATION; AUTHORITY TO CHARGE FEE. (a) Except as
provided by Section [1104.403,] 1104.404, or 1104.406(a), the clerk
of the county having venue of the proceeding for the appointment of
a guardian shall obtain criminal history record information that is
maintained by the Department of Public Safety or the Federal Bureau
of Investigation identification division relating to:
(1) a private professional guardian;
(2) each person who represents or plans to represent
the interests of a ward as a guardian on behalf of the private
professional guardian;
(3) each person employed by a private professional
guardian who will:
(A) have personal contact with a ward or proposed
ward;
(B) exercise control over and manage a ward's
estate; or
(C) perform any duties with respect to the
management of a ward's estate;
(4) each person employed by or volunteering or
contracting with a guardianship program to provide
guardianship services to a ward of the program on the
program's behalf; or
(5) any other person proposed to serve as a guardian
under this title, including a proposed temporary guardian and
a proposed successor guardian, other than an attorney.
(b) The clerk may charge a $10 fee to recover the costs of
obtaining criminal history record information under Subsection
(a).
(c) A clerk is liable to those damaged if damage or loss
results to a guardianship or ward because of the neglect or failure
of the clerk to obtain criminal history record information as
required by Subsection (a).
SECTION 30.02. Chapter 1104, Estates Code, is amended to read
as follows:
Sec. 1104.404. EXCEPTION FOR INFORMATION CONCERNING CERTAIN
PERSONS. (a) The clerk described by Section 1104.402 is not
required to obtain criminal history record information from the
Department of Public Safety for a person if the Judicial Branch
Certification Commission conducted a criminal history check on the
person under Section 155.203 and Section 155.207[ Chapter 155],
Government Code. However, the clerk shall obtain criminal history
record information from the Federal Bureau of Investigation
identification division relating to each person described in
Section 1104.402 regardless of whether the Judicial Branch
Certification Commission obtained information on such a person.
(b) The commission [board] shall provide to the clerk [at the
court's request] the criminal history record information that was
obtained from the Department of Public Safety[ or the Federal
Bureau of Investigation]. The commission is prohibited from
disseminating criminal history record information that was
obtained from the Federal Bureau of Investigation pursuant to
Section 411.1408, Government Code, for purposes of determining
whether an applicant is ineligible for certification as a guardian.
SECTION 30.03. Chapter 1104, Estates Code, is amended to
read as follows:
Sec. 1104.405. INFORMATION FOR EXCLUSIVE USE OF COURT. (a)
Criminal history record information obtained or provided under
Section 1104.402, [1104.403, ]or 1104.404 is privileged and
confidential and is for the exclusive use of the court. The
criminal history record information may not be released or
otherwise disclosed to any person or agency except on court order
[or consent of the person being investigated]. The court may use
the criminal history record information only in order to determine
whether to:
(1) appoint, remove, or continue the appointment of a
private professional guardian, a guardianship program, or the
Health and Human Services Commission; or
(2) appoint any other person proposed to serve as a
guardian under Title 3, Estates Code, including a proposed
temporary guardian and a proposed successor guardian, other than an
attorney.
(b) The county clerk may destroy the criminal history record
information after the information is used for the purposes
authorized by this subchapter.
SECTION 30.04. Chapter 152, Government Code, is amended to
read as follows:
Sec. 152.203. RULES ON INELIGIBILITY. The supreme court
shall by order adopt rules on applicants' ineligibility for
certification, registration, or licensing under this subtitle
based on the applicant’s[person's] criminal history or other
information that indicates the applicant[person] lacks the
honesty, trustworthiness, or integrity to hold the certification,
registration, or license. The commission shall, in accordance with
this Section and rules adopted by order of the supreme court, obtain
criminal history record information that is maintained by the
Department of Public Safety or the Federal Bureau of Investigation
identification division on each applicant for certification,
registration, or licensing under this subtitle to be used solely
for the determination of each applicant’s ineligibility pursuant to
rules adopted by supreme court order under this Section. The
commission may not use criminal history record information obtained
from the Federal Bureau of Investigation identification division
under the this Section for any other purpose. The commission may
not transfer criminal history record information obtained from the
Federal Bureau of Investigation identification division under this
Section to any other state agency, entity, or person, other than the
person who is the subject of the criminal history record
information. The commission shall dispose of criminal history
record information immediately after each determination of
ineligibility is made.
SECTION 30.05. Chapter 155, Government Code, is amended to
read as follows:
Sec. 155.205. DUTY TO OBTAIN CRIMINAL HISTORY RECORD
INFORMATION. (a) In accordance with the rules adopted by the
supreme court under Section 155.203, the commission shall obtain-
criminal history record information that is maintained by the
Department of Public Safety. The clerk shall obtain criminal
history record information from [or] the Federal Bureau of
Investigation identification division relating to an individual
seeking appointment as a guardian or temporary guardian in
accordance with Subsection (b).
(b) The clerkcommission shall obtain[:
(1)] fingerprint-based criminal history record information
of a proposed guardian if:
(1)[(A)] the liquid assets of the estate of a ward
exceed $50,000; or
(2)[(B)] the proposed guardian is not a resident of
this state.[; or]
(c)[(2)] The commission shall obtain name-based criminal
history record information of a proposed guardian, including
any criminal history record information under the current
name and all former names of the proposed guardian, if:
(1)[(A)] the liquid assets of the estate of a ward are
$50,000 or less; and
(2)[(B)] the proposed guardian is a resident of this
state.
(d) Each proposed guardian described in Subsection (b) shall
file with the commission proof of having submitted to a
fingerprint-based criminal history search.
SECTION 30.06. Chapter 155, Government Code, is amended to
read as follows:
Sec. 155.207. USE OF CRIMINAL HISTORY RECORD INFORMATION.
(a) The commission shall use the criminal history record
information obtained under this subchapter only for a purpose
authorized by this subchapter [or to maintain the registration of a
guardianship under Subchapter D].
(b) A court may use Texas [the] criminal history record
information obtained under this subchapter only in the same manner
and only to the same extent a court is authorized to use the
information under Section 1104.409, Estates Code.
SECTION 30.07. Chapter 411, Government Code, is amended to
read as follows:
Sec. 411.1386. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: COURT CLERK; HEALTH AND HUMAN SERVICES COMMISSION;
GUARDIANSHIPS. (a) Except as provided by Subsections (a-1)[,
(a-5),] and (a-4) [(a-6)], the clerk of the county having venue over
a proceeding for the appointment of a guardian under Title 3,
Estates Code, shall in accordance with Section 411.087 obtain from
the department criminal history record information maintained by
the department that relates to:
(1) a private professional guardian;
(2) each person who represents or plans to represent
the interests of a ward as a guardian on behalf of the private
professional guardian;
(3) each person employed by a private professional
guardian who will:
(A) have personal contact with a ward or proposed
ward;
(B) exercise control over and manage a ward's
estate; or
(C) perform any duties with respect to the
management of a ward's estate;
(4) each person employed by or volunteering or contracting
with a guardianship program to provide guardianship services to a
ward of the program on the program's behalf; or
(5) any other person proposed to serve as a guardian
under Title 3, Estates Code, including a proposed temporary
guardian and a proposed successor guardian, other than an attorney.
(a-1) The Health and Human Services Commission shall obtain
from the Department of Public Safety criminal history record
information maintained by the Department of Public Safety that
relates to each individual who is or will be providing guardianship
services to a ward of or referred by the Health and Human Services
Commission, including:
(1) an employee of or an applicant selected for an
employment position with the Health and Human Services Commission;
(2) a volunteer or an applicant selected to volunteer
with the Health and Human Services Commission;
(3) an employee of or an applicant selected for an
employment position with a business entity or other person that
contracts with the Health and Human Services Commission to provide
guardianship services to a ward referred by that commission;
(4) a volunteer or an applicant selected to volunteer
with a business entity or person described by Subdivision (3); and
(5) a contractor or an employee of a contractor who
provides services to a ward of the Health and Human Services
Commission under a contract with the estate of the ward.
(a-2) The information in Subsection (a-1) regarding
applicants for employment positions must be obtained before an
offer of employment, and the information regarding applicant
volunteers must be obtained before the person's contact with a ward
of or referred by the Health and Human Services Commission.
(a-3) The information in Subsection (a-1) regarding
employees, contractors, or volunteers providing guardianship
services must be obtained annually.
(a-4) [The Health and Human Services Commission shall
provide the information obtained under Subsection (a-1) to:
(1) the clerk of the county having venue over the
guardianship proceeding at the request of the court; and
(2) the guardianship certification program of the
Judicial Branch Certification Commission at the request of the
Judicial Branch Certification Commission.
(a-5) Not later than the 10th day before the date of the
hearing to appoint a guardian, a person may submit to the clerk a
copy of the person's criminal history record information required
under Subsection (a)(5) that the person obtains from the department
not earlier than the 30th day before the date of the hearing.
(a-6)] The clerk described by Subsection (a) is not required
to obtain criminal history record information from the Department
of Public Safety for a person if the Judicial Branch Certification
Commission conducted a criminal history check on the person under
Section 155.203 and Section 155.207 [Chapter 155]. The commission
shall provide to the clerk [at the court's request] the criminal
history record information that was obtained from the department
[or the Federal Bureau of Investigation]. The clerk shall in
accordance with Section 411.087 obtain criminal history record
information from the Federal Bureau of Investigation
identification division relating to any person described by
Subsection (a) regardless of whether the Judicial Branch
Certification Commission obtains criminal history record
information relating to such person.
(b) Criminal history record information obtained by or
provided to a clerk under this Section [Subsection (a), (a-5), or
(a-6)] is for the exclusive use of the court and is privileged and
confidential.
(c) Criminal history record information obtained by or
provided to a clerk under this section [under Subsection (a),
(a-5), or (a-6)] may not be released or disclosed to any person or
agency except on court order [or with the consent of the person who
is the subject of the information]. The clerk may destroy the
criminal history record information after the information is used
for the purposes authorized by this section.
(d) [The criminal history record information obtained under
Subsection (a-4) is for the exclusive use of the court or
guardianship certification program of the Judicial Branch
Certification Commission, as appropriate, and is privileged and
confidential. The information may not be released or otherwise
disclosed to any person or agency except on court order, with the
consent of the person being investigated, or as authorized by
Subsection (a-6) or Section 1104.404, Estates Code. The county
clerk or guardianship certification program of the Judicial Branch
Certification Commission may destroy the criminal history record
information after the information is used for the purposes
authorized by this section.
(e)] The court, as that term is defined by Section 1002.008,
Estates Code, shall use the information obtained or provided under
Subsection (a) or (a-4)[, ](a-4)[(1), (a-5), or (a-6)] only in
determining whether to:
(1) appoint, remove, or continue the appointment of a
private professional guardian, a guardianship program, or
the Health and Human Services Commission; or
(2) appoint any other person proposed to serve as a
guardian under Title 3, Estates Code, including a proposed
temporary guardian and a proposed successor guardian, other
than an attorney.
(e)[(f) Criminal history record information obtained by the
guardianship certification program of the Judicial Branch
Certification Commission under Subsection (a-4)(2) may be used for
any purpose related to the issuance, denial, renewal, suspension,
or revocation of a certificate issued by the commission.
(g)] A person commits an offense if the person releases or
discloses any information received under this section without the
authorization prescribed by Subsection (c)[ or (d)]. An offense
under this subsection is a Class A misdemeanor.
(f)[(h)] The county clerk may charge a $10 fee to recover the
costs of obtaining criminal history information recordscriminal
history record information authorized by Subsection (a).
(g) A clerk is liable to those damaged if damage or loss
results to a guardianship or ward because of the neglect or failure
of the clerk to obtain criminal history record information as
required by Subsection (a).
[(i) This section does not prohibit the Health and Human
Services Commission from obtaining and using criminal history
record information as provided by other law.]
SECTION 30.08. Chapter 411, Government Code, is amended to
read as follows:
Sec. 411.1408. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
JUDICIAL BRANCH CERTIFICATION COMMISSION. (a) In this section,
"commission" means the Judicial Branch Certification Commission
established under Chapter 152.
(b) In accordance with Section 411.087, the[The] commission
is entitled to obtain from the department criminal history record
information maintained by the department that relates to a person
who is an applicant for or the holder of a certificate,
registration, or license issued by the commission or otherwise
under Subtitle L, Title 2. The commission may not disseminate
criminal history record information obtained from the Federal
Bureau of Investigation.
(c) Criminal history record information obtained by the
commission under Subsection (b):
(1) may be used by the commission for any purpose
related to the issuance, denial, suspension, revocation, or
renewal of a certificate, registration, or license issued by
the commission or otherwise under Subtitle L, Title 2;
(2) may not be released or disclosed to any person
except:
(A) on court order; or
(B) [with the consent of the person who is the
subject of the information; or]
(C) as authorized by Section
411.1386(a-4)[(a-6)] of this code or Section 1104.404,
Estates Code, if applicable; and
(3) shall be destroyed by the commission after the
information is used for the authorized purposes.
SECTION 30.09. Chapter 411, Government Code, is amended to
read as follows:
Sec. 411.1409. ACCESS TO CRIMINAL HISTORY INFORMATION:
APPELLATE COURTS. (a) In this section, "appellate court" means the
Supreme Court of Texas, the Texas Court of Criminal Appeals, or a
court of appeals.
(b) As authorized by Section 411.087, an[An] appellate court
is entitled to obtain from the department criminal history record
information maintained by the department that relates to a person
who is an applicant for:
(1) employment with the court;
(2) a volunteer position with the court; or
(3) an appointment made by the court.
(c) Criminal history record information obtained by the
court under Subsection (b) may be used only to evaluate an
applicant.
(d) The court may not release or disclose information
obtained under Subsection (b) except on order of a district court
[or with the consent of the person who is the subject of the
criminal history record information]. Despite the issuance of an
order by a district court, the court may not disseminate criminal
history record information obtained from the Federal Bureau of
Investigation.
(e) After the expiration of any probationary term of the
person's employment, volunteer status, or appointment, the court
shall destroy all criminal history record information obtained
under Subsection (b).
SECTION 28.10. Sections 1104.403, 1104.407, 1104.408, and
1104.410, Estates Code, are repealed.
ARTICLE 31. EFFECTIVE DATE
SECTION 28.01. Except as otherwise provided by this Act,
this Act takes effect September 1, 2023.