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.