H.B. No. 4123         AN ACT   relating to access to and use of certain criminal history record   information.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 22.0834, Education Code, is amended by   amending Subsections (a), (a-1), (b), (c), (d), (e), (f), (h), (l),   (o), and (p) and adding Subsections (b-1), (d-1), (d-2), and (q) to   read as follows:          (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:                (1)  the public work does not involve the construction,   alteration, or repair of an instructional facility as defined by   Section 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 [a contracting entity, subcontracting entity, or   other person subject to Section 22.08341].          (b)  If the contracting entity is a qualified school   contractor, a [A] person to whom Subsection (a) applies must submit   to a national criminal history record information review by the   qualified school contractor [under this section] 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 qualified   school contractor or [entity 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)  A qualified school contractor or [An entity contracting   with] 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 acting as a 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 Subsections (b), (d-1), and (d-2) do   not apply to a qualified school contractor if a [A] school district,   open-enrollment charter school, or shared services arrangement   obtains [may obtain] 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.          (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.          (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.          (o)  A school district, charter school, regional education   service center, commercial transportation company, education   shared services arrangement, or qualified school contractor,   contracting entity, 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)  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)  "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.                (3)  "Qualified school contractor" has the meaning   assigned by Section 411.12505, Government Code.                (4)  "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.          (q)  A qualified school contractor shall certify to the   school district, open-enrollment charter school, or shared   services arrangement that the entity has received all criminal   history record information relating to a person who is employed by   or under a current offer of employment by the qualified school   contractor.          SECTION 2.  Section 22.0835(f), Education Code, is amended   to read as follows:          (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.          SECTION 3.  Section 22.085(c), Education Code, is amended to   read as follows:          (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].          SECTION 4.  Section 1104.402(a), Estates Code, is amended to   read as follows:          (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, or any person who will have   contact with the proposed ward or the proposed ward's estate on   behalf of the proposed guardian, other than an attorney or a person   who is a certified guardian.          SECTION 5.  Section 1104.404, 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 Sections 155.203 and 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 by   Section 1104.402.          (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 under Section   411.1408, Government Code, for purposes of determining whether an   applicant is ineligible for certification as a guardian.          SECTION 6.  Section 1104.405(a), Estates Code, is amended to   read as follows:          (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 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 person proposed to serve as a guardian   under this title, including a proposed temporary guardian, a   proposed successor guardian, or any person who will have contact   with the proposed ward or the proposed ward's estate on behalf of   the proposed guardian, other than an attorney or a certified   guardian.          SECTION 7.  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) [411.095(a)(1)], Government Code.          SECTION 8.  Section 152.203, Government Code, is amended to   read as follows:          Sec. 152.203.  RULES ON INELIGIBILITY. The supreme court   shall by order adopt rules on an applicant's [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   United States 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 only for the determination of each   applicant's ineligibility under rules adopted by United States   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 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. The commission shall   destroy criminal history record information immediately after each   determination of ineligibility is made.          SECTION 9.  Section 155.205, Government Code, is amended to   read as follows:          Sec. 155.205.  DUTY TO OBTAIN CRIMINAL HISTORY RECORD   INFORMATION. (a) In accordance with Subsection (c) and 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 in   accordance with Subsection (b) 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.          (b)  The clerk [commission] 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.          (c)  The commission shall obtain[; or                [(2)]  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 by Subsection (b)   shall file with the commission proof of having submitted to a   fingerprint-based criminal history search.          SECTION 10.  Section 155.207(a), Government Code, is amended   to read as follows:          (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].          SECTION 11.  Section 411.082, Government Code, is amended by   adding Subdivisions (1-a) and (1-b) to read as follows:                (1-a)  "Applicant" means an individual who submits an   application for employment, licensure, certification, or   registration that requires the department to conduct a background   check using criminal history record information.                (1-b)  "Application" means an application submitted by   hard copy or electronically for employment, licensure,   certification, or registration that requires the department to   conduct a background check using criminal history record   information.          SECTION 12.  Section 411.084, Government Code, is amended by   amending Subsection (b) and adding Subsection (d) to read as   follows:          (b)  Notwithstanding Subsection (a) or any other provision   in this subchapter relating to the release or disclosure of such   information, criminal history record information obtained from the   Federal Bureau of Investigation may be released or disclosed only   to a governmental entity or as authorized by federal law and   regulations, federal executive orders, and federal policy.          (d)  Notwithstanding any other provision of this subchapter,   a private entity that purchases information from the department is   not required to provide proof of cyber-threat insurance coverage or   post a performance bond if that entity:                 (1)  provides proof of an audit by a certified public   accountant certifying that the requestor has implemented internal   controls and security protocols that are consistent with the   National Institute of Standards and Technology standards for   cybersecurity and approved by the Department of Information   Resources or an IT cybersecurity professional certified by the   National Institute of Standards and Technology or a similar   organization;                 (2)  provides proof of Payment Card Industry Data   Security Standard (PCI DSS) certification or certification by a   similar organization recognized by the Department of Information   Resources; or                (3)  provides proof of compliance with voluntary   compliance standards for cybersecurity developed by a national   organization of certified public accountants for the management of   customer data, including SOC 1, SOC 2, or SOC.          SECTION 13.  Section 411.0891, Government Code, is amended   by amending Subsections (a), (b), and (d) and adding Subsections   (a-1) and (e) to read as follows:          (a)  The [Subject to Section 411.087, the] department may [is   authorized to] obtain as provided by Subsection (a-1) [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, or is an   applicant for or holds a certification as an instructor issued by   the department under this chapter;                (7)  is an applicant for or holds a Capitol access pass   issued by the department under Section 411.0625; or                (8)  is an applicant for or holds a license or   commission issued by the department under Chapter 1702, Occupations   Code.          (a-1)  Subject to Section 411.087 and consistent with the   public policy of this state, the department 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).          (b)  The department may not release or disclose to any person   criminal history record information obtained from the Federal   Bureau of Investigation under Subsection (a-1)(1). The department   may release or disclose criminal history record information   obtained [or used] by the department under Subsection (a-1)(2) 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.          (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 Subsections [Subsection]   (a) and (a-1) 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)  The department shall destroy criminal history record   information that is obtained under this section after the   information is used for its authorized purpose.          SECTION 14.  Section 411.090, Government Code, is amended by   amending Subsections (a) and (b) and adding Subsections (a-1), (d),   and (e) to read as follows:          (a)  The State Board for Educator Certification is entitled   to obtain [from the department] any criminal history record   information as provided by Subsection (a-1) [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.          (a-1)  Subject to Section 411.087 and consistent with the   public policy of this state, the State Board for Educator   Certification is entitled to:                (1)  obtain through the Federal Bureau of Investigation   criminal history record information maintained or indexed by that   bureau that pertains to a person described by Subsection (a); and                (2)  obtain from the department or any other criminal   justice agency in this state criminal history record information   maintained by the department or that criminal justice agency that   relates to a person described by Subsection (a).          (b)  The State Board for Educator Certification may not   release or disclose to any person criminal history record   information obtained from the Federal Bureau of Investigation under   Subsection (a-1)(1). Criminal history record information obtained   by the board under Subsection (a-1)(2) 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)  to the person who is the subject of the   information;                      (B)  to the Texas Education Agency;                      (C)  to a local or regional educational entity as   provided by Section 411.097; or                      (D)  by court order; and                (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].          (d)  The State Board for Educator Certification is not   prohibited from disclosing criminal history record information   obtained under Subsection (a-1)(2) in a criminal proceeding or in a   hearing conducted by the Texas Education Agency or the State Board   for Educator Certification.          (e)  The State Board for Educator Certification shall   destroy criminal history record information that is obtained under   this section after the information is used for its authorized   purpose.          SECTION 15.  Section 411.0901, Government Code, is amended   by amending Subsections (a) and (b) and adding Subsections (a-1),   (c), and (d) to read as follows:          (a)  The Texas Education Agency is entitled to obtain   criminal history record information as provided by Subsection (a-1)   [maintained by the department] about a person who:                (1)  is employed or is an applicant for employment by a   school district or open-enrollment charter school;                (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]                (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:                      (A)  continuing duties related to the contracted   or subcontracted services; and                      (B)  direct contact with students;                (4)  is employed or is an applicant for employment by   the Texas Education Agency; or                (5)  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 [if:                      [(A)  the employee or applicant has or will have   continuing duties relating to the contracted services; and                      [(B)  the employee or applicant has or will have   direct contact with students].          (a-1)  Subject to Section 411.087 and consistent with the   public policy of this state, the Texas Education 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                (2)  obtain from the department or any other criminal   justice agency in this state criminal history record information   maintained by the department or that criminal justice agency that   relates to a person described by Subsection (a).          (b)  The Texas Education Agency may not release or disclose   to any person criminal history record information obtained from the   Federal Bureau of Investigation under Subsection (a-1)(1).   Criminal history record information obtained by the agency under   Subsection (a-1)(2) 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; or                      (E)  as provided by Subsection (c); and                (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 criminal history record information obtained under   Subsection (a-1)(2) in a criminal proceeding or in a hearing   conducted by the Texas Education Agency or the State Board for   Educator Certification.          (d)  The Texas Education Agency shall destroy criminal   history record information that is obtained under this section   after the information is used for its authorized purpose.          SECTION 16.  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 as   provided by Subsection (b) [maintained 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;                      (B)  a license under Chapter 202, Occupations   Code;                      (C)  a license under Chapter 401, Occupations   Code;                      (D)  a license under Chapter 402, Occupations Code   [a license, certificate, registration, title, or permit issued by   the department]; or                      (E)  an instructor license or motorcycle school   license under Chapter 662, Transportation Code;                (2)  a person who is:                      (A)  an applicant for or the holder of a license   under Chapter 91, Labor Code; or                      (B)  a controlling person, as defined by Chapter   91, Labor Code, of an entity described by 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 by Paragraph   (A)[, certificate, registration, title, or permit issued by the   department].          (b)  Subject to Section 411.087 and consistent with the   public policy of this state, the Texas Department of Licensing and   Regulation is entitled to:                (1)  obtain through the Federal Bureau of Investigation   criminal history record information maintained or indexed by that   bureau that pertains to a person described by Subsection (a); and                (2)  obtain from the department or any other criminal   justice agency in this state criminal history record information   maintained by the department or that criminal justice agency that   relates to a person described by Subsection (a).          (c)  The Texas Department of Licensing and Regulation may not   release or disclose to any person criminal history record   information obtained from the Federal Bureau of Investigation under   Subsection (b)(1). Criminal history record information obtained by   the Texas Department of Licensing and Regulation under Subsection   (b)(2) may not be released or disclosed to any person except on   court order, with the written consent of the person who is the   subject of the criminal history record information, or as provided   by Subsection (d).          (d)  The Texas Department of Licensing and Regulation is not   prohibited from disclosing criminal history record information   obtained under Subsection (b)(2) in a criminal proceeding or in a   hearing conducted by the Texas Department of Licensing and   Regulation or the State Office of Administrative Hearings.          (e)  The Texas Department of Licensing and Regulation shall   destroy criminal history record information that is obtained under   this section after the information is used for its authorized   purpose.          SECTION 17.  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 as provided by Subsection (a-1)   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 employee of or volunteer with the Office of   Consumer Credit Commissioner;                (3)  an applicant for employment with the Office of   Consumer Credit Commissioner; [or]                (4)  a contractor or subcontractor of the Office of   Consumer Credit Commissioner; or                (5)  an officer, director, owner, or employee of a   person described by Subdivision (1) or another person having a   substantial relationship with that person under Chapter 180, 342,   347, 348, 351, 353, 371, 393, or 394, Finance Code.          (a-1)  Subject to Section 411.087 and consistent with the   public policy of this state, the consumer credit commissioner is   entitled to:                (1)  obtain through the Federal Bureau of Investigation   criminal history record information maintained or indexed by that   bureau that pertains to a person described by Subsection (a); and                (2)  obtain from the department or any other criminal   justice agency in this state criminal history record information   maintained by the department or that criminal justice agency that   relates to a person described by Subsection (a).          (b)  The consumer credit commissioner may not release or   disclose to any person criminal history record information obtained   from the Federal Bureau of Investigation under Subsection (a-1)(1).   The consumer credit commissioner may not release or disclose   criminal history record information obtained under Subsection   (a-1)(2) except [this section unless]:                (1)  [the information is obtained from a   fingerprint-based search; and                [(2)  the information is released or disclosed:                      [(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)  The consumer credit commissioner shall destroy criminal   history record information that is obtained under this section   after the information is used for its authorized purpose.          SECTION 18.  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 as provided by Subsection (a-1)   [from the department] criminal history record information   [maintained by the department] that relates [pertains] to [a person   who is]:                (1)  a person who:                      (A)  is an applicant for or the holder of a license   or certificate under Chapter 2025, Occupations Code;                      (B)  is an owner or manager of an applicant or   license holder described by Paragraph (A); or                      (C)  has an interest described under Chapter 2025,   Occupations Code, in an entity described by that chapter;                (2)  an applicant for employment at or current employee   of:                      (A)  the Texas Racing Commission; or                      (B)  a place of employment within the racing   industry of this state; or                (3)  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 [appointed to the   commission;                [(2)  an applicant for employment by the commission; or                [(3)  an applicant for a license under Subtitle A-1,   Title 13, Occupations Code (Texas Racing Act)].          (a-1)  Subject to Section 411.087 and consistent with the   public policy of this state, the Texas Racing Commission is   entitled to:                (1)  obtain through the Federal Bureau of Investigation   criminal history record information maintained or indexed by that   bureau that pertains to a person described by Subsection (a); and                (2)  obtain from the department or any other criminal   justice agency in this state criminal history record information   maintained by the department or that criminal justice agency that   relates to a person described by Subsection (a).          (b)  The Texas Racing Commission may not release or disclose   to any person criminal history record information obtained from the   Federal Bureau of Investigation under Subsection (a-1)(1).   Criminal history record information obtained by the Texas Racing   Commission [commission] under Subsection (a-1)(2) [(a)] may not be   released or disclosed to any person except [in a criminal   proceeding, in a hearing conducted by the commission,] 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 (c) [applicant].          (c)  The Texas Racing Commission is not prohibited from   disclosing criminal history record information obtained under   Subsection (a-1)(2) in a criminal proceeding or in a hearing   conducted by the Texas Racing Commission or the State Office of   Administrative Hearings.          (d)  The Texas Racing Commission shall destroy criminal   history record information that is obtained under this section   after the information is used for its authorized purpose.          SECTION 19.  Section 411.097, Government Code, is amended by   amending Subsections (a), (b), (c), and (d) and adding Subsections   (c-1), (g), and (h) to read as follows:          (a)  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, is entitled to obtain [from   the department] criminal history record information as provided by   Subsection (c-1) [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 22.0834 [or 22.08341], Education Code;                (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, 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 as provided by Subsection (c-1)   [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 as   provided by Subsection (c-1) [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.          (c-1)  Subject to Section 411.087 and consistent with the   public policy of this state:                (1)  a school district, charter school, regional   education service center, or education shared services arrangement   is entitled to 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), (b),   or (c), as applicable; and                (2)  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, is entitled to obtain from   the department or any other criminal justice agency in this state   criminal history record information maintained by the department or   that criminal justice agency that relates to a person described by   Subsection (a), (b), or (c), as applicable.          (d)  A school district, charter school, regional education   service center, or education shared services arrangement may not   release or disclose to any person criminal history record   information obtained from the Federal Bureau of Investigation under   Subsection (c-1)(1). Criminal history record information obtained   by a school district, charter school, private school, service   center, commercial transportation company, or shared services   arrangement, or obtained by an entity that contracts to provide   services to a school district, charter school, or shared services   arrangement, under Subsection (c-1)(2) 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; and                (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].          (g)  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, as applicable, is not prohibited   from disclosing criminal history record information obtained under   Subsection (c-1)(2) in a criminal proceeding or in a hearing   conducted by the Texas Education Agency or the State Board for   Educator Certification.          (h)  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, as applicable, shall destroy   criminal history record information that is obtained under this   section after the information is used for its authorized purpose.          SECTION 20.  Section 411.0995, Government Code, is amended   to read as follows:          Sec. 411.0995.  ACCESS TO CRIMINAL HISTORY RECORD   INFORMATION: STATE BOARD OF VETERINARY MEDICAL EXAMINERS. (a) The   State Board of Veterinary Medical Examiners is entitled to obtain   [from the department] criminal history record information as   provided by Subsection (b) [maintained by the department] that   relates to a license under Chapter 801, Occupations Code, for a   person who is:                (1)  an applicant for:                      (A)  a license, temporary license, or special   license to practice veterinary medicine;                      (B)  a veterinary technician license; or                      (C)  an equine dental provider license; or                (2)  a holder of a license described by Subdivision   (1)(A), (B), or (C) [(1)  an applicant for a license to practice   equine dentistry under Chapter 801, Occupations Code; or                [(2)  the holder of a license under that chapter].          (b)  Subject to Section 411.087 and consistent with the   public policy of this state, the State Board of Veterinary Medical   Examiners is entitled to:                (1)  obtain through the Federal Bureau of Investigation   criminal history record information maintained or indexed by that   bureau that pertains to a person described by Subsection (a); and                (2)  obtain from the department or any other criminal   justice agency in this state criminal history record information   maintained by the department or that criminal justice agency that   relates to a person described by Subsection (a).          (c)  The State Board of Veterinary Medical Examiners may not   release or disclose to any person criminal history record   information obtained from the Federal Bureau of Investigation under   Subsection (b)(1). Criminal history record information obtained by   the State Board of Veterinary Medical Examiners under Subsection   (b)(2) may not be released or disclosed to any person except on   court order, with the written consent of the person who is the   subject of the criminal history record information, or as provided   by Subsection (d).          (d)  The State Board of Veterinary Medical Examiners is not   prohibited from disclosing criminal history record information   obtained under Subsection (b)(2) in a criminal proceeding or in a   hearing conducted by the State Board of Veterinary Medical   Examiners.          (e)  The State Board of Veterinary Medical Examiners shall   destroy criminal history record information that is obtained under   this section after the information is used for its authorized   purpose.          SECTION 21.  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] criminal history record information as provided by   Subsection (b) [maintained by the department] that relates to [a   person who is]:                (1)  an applicant for a license or certification as a   certified public accountant under Chapter 901, Occupations Code;   [or]                (2)  an applicant to take the uniform certified public   accountant [CPA] examination under Chapter 901, Occupations Code;                (3)  an applicant for reinstatement of a license or   certificate under Chapter 901, Occupations Code;                (4)  an applicant for a license or certification   renewal under Chapter 901, Occupations Code; or                (5)  an owner or an individual who seeks to become an   owner of a certified public accountancy firm if the owner or   prospective owner is not a license holder under Chapter 901,   Occupations Code [that Act].          (b)  Subject to Section 411.087 of this code and Section   901.169, Occupations Code, and consistent with the public policy of   this state, the Texas State Board of Public Accountancy is entitled   to:                (1)  obtain through the Federal Bureau of Investigation   criminal history record information maintained or indexed by that   bureau that pertains to a person described by Subsection (a); and                (2)  obtain from the department or any other criminal   justice agency in this state criminal history record information   maintained by the department or that criminal justice agency that   relates to a person described by Subsection (a).          (c)  The Texas State Board of Public Accountancy may not   release or disclose to any person criminal history record   information obtained from the Federal Bureau of Investigation under   Subsection (b)(1). Criminal history record information obtained by   the board under Subsection (b)(2) may not be released or disclosed   to any person except on court order, with the written consent of the   person who is the subject of the criminal history record   information, or as provided by Subsection (d).          (d)  The board is not prohibited from disclosing criminal   history record information obtained under Subsection (b)(2) in a   criminal proceeding or in a hearing conducted by or on behalf of the   board.          (e)  The board shall destroy criminal history record   information that is obtained under this section after the   information is used for its authorized purpose.          SECTION 22.  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 as   provided by Subsection (a-1) [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.          (a-1)  Subject to Section 411.087 and consistent with the   public policy of this state, the Texas Department of Insurance is   entitled to:                (1)  obtain through the Federal Bureau of Investigation   criminal history record information maintained or indexed by that   bureau that pertains to a person described by Subsection (a); and                (2)  obtain from the department or any other criminal   justice agency in this state criminal history record information   maintained by the department or that criminal justice agency that   relates to a person described by Subsection (a).          (b)  The Texas Department of Insurance may not release or   disclose to any person criminal history record information obtained   from the Federal Bureau of Investigation under Subsection (a-1)(1).   Criminal history record information obtained by the Texas   Department of Insurance under Subsection (a-1)(2) [(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 (b-1).          (b-1)  The Texas Department of Insurance is not prohibited   from disclosing criminal history record information obtained under   Subsection (a-1)(2) in a criminal proceeding or in a hearing   conducted by the Texas Department of Insurance.          (c)  The [After the] Texas Department of Insurance [makes a   determination as to the issuance of a license or certificate of   authority to an applicant, the Texas Department of Insurance] shall   destroy [seal the] criminal history record information that is   obtained under this section after the information is used for its   authorized purpose [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].          SECTION 23.  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 443.004 [Article 21.28], Insurance   Code.          (b)  A receiver is entitled to obtain [from the department]   criminal history record information as provided by Subsection (b-1)   [maintained by the department] that relates to a person:                (1)  who is a creditor or claimant of the receivership   estate; or                (2)  against whom the receivership estate has a claim   [the receiver believes is necessary for the investigation of any   matter relating to a receivership estate].          (b-1)  A receiver is entitled to obtain from the department   or any other criminal justice agency in this state criminal history   record information maintained by the department or that criminal   justice agency that relates to a person described by Subsection   (b).          (c)  Criminal history record information obtained by a   receiver under Subsection (b-1) [(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 shall [may] destroy criminal history record   information obtained by the receiver under this section [Subsection   (b)] after the purpose for which the information was obtained is   accomplished.          SECTION 24.  Section 411.108, Government Code, is amended to   read as follows:          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 as provided by Subsection (a-2)   [maintained by the department] that relates to a person who, under   Section 466.201 [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   who has submitted a written proposal to the commission in   connection with the procurement of lottery operations and services   by the commission;                (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 as   provided by Subsection (a-2) [maintained by the department] that   relates to a person licensed under Chapter 2001, Occupations Code,   or described by Section 2001.3025, Occupations Code.          (a-2)  Subject to Sections 411.087, 466.201, and 467.036(b)   of this code and Section 2001.3025, Occupations Code, and   consistent with the public policy of this state, the Texas Lottery   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) or   (a-1); and                (2)  obtain from the department or any other criminal   justice agency in this state criminal history record information   maintained by the department or that criminal justice agency that   relates to a person described by Subsection (a) or (a-1).          (b)  The Texas Lottery Commission may not release or disclose   to any person criminal history record information obtained from the   Federal Bureau of Investigation under Subsection (a-2)(1).   Criminal history record information obtained by the commission   under Subsection (a-2)(2) [(a) or (a-1)] 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 (c) or (d).          (c)  The Texas Lottery Commission [commission] is not   prohibited from disclosing to the person who is the subject of the   criminal history record information obtained under Subsection   (a-2)(2) the dates and places of arrests, offenses, and   dispositions contained in the [criminal history record]   information.          (d)  The Texas Lottery Commission is not prohibited from   disclosing criminal history record information obtained under   Subsection (a-2)(2) in a criminal proceeding or in a hearing   conducted by the State Office of Administrative Hearings.          (e)  The Texas Lottery Commission shall destroy criminal   history record information that is obtained under this section   after the information is used for its authorized purpose.          SECTION 25.  Section 411.109, Government Code, is amended by   amending Subsections (a), (b), and (d) and adding Subsections (c),   (f), and (g) to read as follows:          (a)  The comptroller is entitled to obtain [from the   department] criminal history record information as provided by   Subsection (c) [maintained by the department] that the comptroller   believes is necessary for the enforcement or administration of   Chapter 103, Civil Practice and Remedies Code, or Chapter 151, 152,   154, 155, or 162, Tax Code, including criminal history record   information that relates to a person who is:                (1)  an applicant for a permit under any of those   chapters;                (2)  a permit holder under any of those chapters;                (3)  an officer, director, stockholder owning 10   percent or more of the outstanding stock, partner, owner, or   managing employee of an applicant or permit holder under any of   those chapters that is a corporation, association, joint venture,   syndicate, partnership, or proprietorship;                (4)  believed to have violated any of those chapters;                (5)  being considered by the comptroller for employment   as a peace officer; or                (6)  receiving, scheduled to receive, or applying to   receive compensation under Chapter 103, Civil Practice and Remedies   Code.          (b)  The comptroller is entitled to obtain [from the   department] criminal history record information as provided by   Subsection (c)  [maintained by the department] that relates to a   person who is an employee, intern, learner, trainee, contractor,   subcontractor, apprentice, or volunteer of, or who is an applicant   for employment or service in one of those capacities with, the   comptroller's office in a position that involves:                (1)  handling currency, checks, or other funds;                (2)  having access to taxpayer account information;                (3)  working in a location designated by the   comptroller as a security-sensitive area; [or]                (4)  performing financial management duties designated   by the comptroller as security sensitive;                (5)  performing work on a computer system; or                (6)  having remote access to comptroller computer   systems, information technology, or information technology   resources.          (c)  Subject to Section 411.087 and consistent with the   public policy of this state, the comptroller 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) or (b);   and                (2)  obtain from the department or any other criminal   justice agency in this state criminal history record information   maintained by the department or that criminal justice agency that   relates to a person described by Subsection (a) or (b).          (d)  The comptroller may not release or disclose to any   person criminal history record information obtained from the   Federal Bureau of Investigation under Subsection (c)(1). Criminal   history record information obtained by the comptroller under   Subsection (c)(2) [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 who is the subject of the criminal   history record information, or as provided by Subsection (e) or   (f).          (f)  The comptroller is not prohibited from disclosing   criminal history record information obtained under Subsection   (c)(2) in a criminal proceeding or in a hearing conducted by the   comptroller.          (g)  The comptroller shall destroy criminal history record   information that is obtained under this section after the   information is used for its authorized purpose.          SECTION 26.  Section 411.110, Government Code, is amended by   amending Subsections (a), (b), (c), and (e) and adding Subsection   (a-1) to read as follows:          (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 as provided by   Subsection (a-1) [maintained by the department] that relates to a   person who is:                (1)  [a person who is:                      [(A)]  an applicant for a license or certificate   under Chapter 773, Health and Safety Code, [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 chapter,   [Act;] or                      [(C)]  the holder of a license or certificate   under that chapter [Act];                (2)  an applicant for a license or a license holder   under Subchapter I, L, or [Subchapter] N, Chapter 431, Health and   Safety Code;                (3)  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)  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)  [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)  an applicant for a license or a license holder   under Subchapter C, Chapter 443, Health and Safety Code.          (a-1)  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 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 the department or any other criminal   justice agency in this state criminal history record information   maintained by the department or that criminal justice agency that   relates to a person described by Subsection (a).          (b)  The Department of State Health Services or the Health   and Human Services Commission, as applicable, may not release or   disclose to any person criminal history record information obtained   from the Federal Bureau of Investigation under Subsection   (a-1)(1).  Criminal history record information obtained by the   Department of State Health Services or the Health and Human   Services Commission under Subsection (a-1)(2) [(a)] may not be   released or disclosed to any person except:                (1)  on court order;                (2)  [,] with the written consent of the person who [or   entity that] is the subject of the criminal history record   information;                (3)  between the Department of State Health Services   and the Health and Human Services Commission to share with the other   agency information obtained under this section for the purposes   authorized by this section; or                (4)  [, or] as provided by Subsection (e).          (c)  The  [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 is obtained under this section   after the information is used for its authorized purpose [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].          (e)  The Department of State Health Services or the Health   and Human Services Commission, as applicable, is not prohibited   from disclosing criminal history record information obtained under   Subsection (a-1)(2) [(a)] in a criminal proceeding or in a hearing   conducted by that agency [the Department of State Health Services   or the Health and Human Services Commission, as applicable].          SECTION 27.  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. (a) The [Department of State Health   Services and the] Health and Human Services Commission is [are]   entitled to obtain [from the department] criminal history record   information as provided by Subsection (d) [maintained by the   department] that relates to a person:                (1)  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 would be placed in direct contact with a   patient at a state hospital established under Chapter 552, Health   and Safety Code.          (b)  The Health and Human Services Commission may not release   or disclose to any person criminal history record information   obtained from the Federal Bureau of Investigation under Subsection   (d)(1). Criminal history record information obtained by the   [Department of State Health Services or the] Health and Human   Services Commission under Subsection (d)(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 (c).          (c)  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.          (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 the department or any other criminal   justice agency in this state criminal history record information   maintained by the department or that criminal justice agency that   relates to a person described by Subsection (a).          (e)  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.          (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.          SECTION 28.  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 is [are]   entitled to obtain [from the department] criminal history record   information as provided by Subsections (a-1) and (b) [maintained by   the department] that relates to a person 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.          (a-1)  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 the department or any other criminal   justice agency in this state criminal history record information   maintained by the department or that criminal justice agency that   relates to a person described by Subsection (a).          (b)  In addition to information obtained from the Federal   Bureau of Investigation under Subsection (a-1)(1) and Section   411.087, the [Department of State Health Services and the] Health   and Human Services Commission is [are] entitled to obtain   information relating to the wanted persons status of an individual   listed in Subsection (a).          (c)  The Health and Human Services Commission may not release   or disclose to any person criminal history record information   obtained from the Federal Bureau of Investigation under Subsection   (a-1)(1) or (b). Criminal history record information obtained by   the [Department of State Health Services or the] Health and Human   Services Commission under Subsection (a-1)(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; [,] or                (3)  as provided by Subsection (d).          (d)  The [Department of State Health Services or the] Health   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 under Subsection (a-1)(2).          (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.          (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.          SECTION 29.  Section 411.1106, Government Code, is amended   by amending Subsections (b), (c), (d), and (e) and adding   Subsections (b-1) and (f) to read as follows:          (b)  The executive commissioner of the commission, or the   executive commissioner's designee, is entitled to obtain [from the   department] criminal history record information as provided by   Subsection (b-1) [maintained by the department] that relates to a   person who is:                (1)  an applicant [for employment] 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 under Section 531.008; [or]                      (B)  the commission's office of inspector general   as established by Section 531.008 and Subchapter C, Chapter 531; or                      (C)  the regulatory division of the commission as   established under Section 531.008; or                (2)  an employee of or a contractor or volunteer for the   commission who has access to sensitive personal or financial   information, as determined by the executive commissioner.          (b-1)  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 the department or any other criminal   justice agency in this state criminal history record information   maintained by the department or that criminal justice agency that   relates to a person described by Subsection (b).          (c)  The commission may not release or disclose to any person   criminal history record information obtained from the Federal   Bureau of Investigation under Subsection (b-1)(1). Criminal   history record information obtained by the executive commissioner   of the commission, or by the executive commissioner's designee,   under Subsection (b-1)(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 (d).          (d)  The commission is not prohibited from disclosing   criminal history record information obtained under Subsection   (b-1)(2) [(b)] in a criminal proceeding or in a hearing conducted by   the commission.          (e)  The executive commissioner shall destroy [all] criminal   history record information obtained under this section [Subsection   (b)] as soon as practicable after the information is used for its   authorized purpose.          (f)  This section does not prohibit the commission from   obtaining and using criminal history record information as provided   by other law.          SECTION 30.  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] criminal history record information as provided by   Subsection (a-1) [maintained by the department] that relates to a   person 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.          (a-1)  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 the department or any other criminal   justice agency in this state criminal history record information   maintained by the department or that criminal justice agency that   relates to a person described by Subsection (a).          (b)  Criminal history record information obtained by the   Health and Human Services Commission under Subsection (a-1) [(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 (a-1)(2) to a   private entity described by Subsection (a) for that purpose.          (c)  The Health and Human Services Commission may not release   or disclose to any person criminal history record information   obtained from the Federal Bureau of Investigation under Subsection   (a-1)(1). The Health and Human Services Commission may not release   or disclose information obtained under Subsection (a-1)(2) [(a)],   except as described by Subsection (b), on court order, or with the   consent of the person who is the subject of the criminal history   record information.          (d)  The Health and Human Services Commission[, and] shall   destroy [all] criminal history record information obtained under   Subsection (a-1) [(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 31.  Section 411.114(a), Government Code, is amended   by amending Subdivisions (2), (3), (4), (6), and (7) and adding   Subdivision (4-a) to read as follows:                (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 as   provided by Subdivision (4) [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 who [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 as provided by Subdivision (4) [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 who [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 described by   Subdivision (2) or (3); and                      (B)  obtain from the department or any other   criminal justice agency in this state criminal history record   information maintained by the department or that criminal justice   agency that relates to a person described by Subdivision (2) or (3).                (4-a)  Law enforcement entities shall expedite the   furnishing of criminal history record [such] information obtained   under Subdivision (4)(B) 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.                (6)  The Department of Family and Protective Services   or the Health and Human Services Commission, as applicable, may not   release or disclose to any person criminal history record   information obtained from the Federal Bureau of Investigation under   Subdivision (4)(A). Criminal history record information obtained   by the Department of Family and Protective Services or the Health   and Human Services Commission under Subdivision (4)(B) [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; or                      (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 Subdivision   (4)(B) [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.          SECTION 32.  Section 411.114, Government Code, is amended by   adding Subsection (d) to read as follows:          (d)  The Department of Family and Protective Services and the   Health and Human Services Commission, as applicable, shall destroy   criminal history record information that is obtained under this   section after the information is used for its authorized purpose.          SECTION 33.  Section 411.1142, Government Code, is amended   by amending Subsections (a), (b), and (d) and adding Subsections   (a-1) and (f) to read as follows:          (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 (a-1) [maintained by the   Department of Public Safety, the Federal Bureau of Investigation   identification division, or another law enforcement agency] that   relates to a person:                (1)  who is an employee or an applicant for permanent,   temporary, or consultative employment or for a volunteer position;   and                (2)  [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.          (a-1)  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 who is described by Subsection (a);   and                (2)  obtain from the department or any other criminal   justice agency in this state criminal history record information   maintained by the department or that criminal justice agency that   relates to a person described by Subsection (a).          (b)  The Health and Human Services Commission may not release   or disclose to any person criminal history record information   obtained from the Federal Bureau of Investigation under Subsection   (a-1)(1). Criminal history record information obtained by the   Health and Human Services Commission under Subsection (a-1)(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; [,] or                (3)  as provided by Subsection (d).          (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 under Subsection (a-1)(2).          (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.          SECTION 34.  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 as provided by Subsection (a-2) [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 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.          (a-2)  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 who is described by Subsection (a)   or (a-1); and                (2)  obtain from the department or any other criminal   justice agency in this state criminal history record information   maintained by the department or that criminal justice agency that   relates to a person described by Subsection (a) or (a-1).          (b)  The Health and Human Services Commission or the office   of inspector general, as applicable, may not release or disclose to   any person criminal history record information obtained from the   Federal Bureau of Investigation under Subsection (a-2)(1).   Criminal history record information obtained by the Health and   Human Services Commission or the office of inspector general   [commission or an agency] under Subsection (a-2)(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.          (c)  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.          (d)  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.          SECTION 35.  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] criminal history record information as   provided by Subsection (d) [maintained by the department] that   relates to a person:                (1)  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 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)  The commission may not release or disclose to any person   criminal history record information obtained from the Federal   Bureau of Investigation under Subsection (d)(1). Criminal history   record information obtained by the Health and Human Services   Commission [an agency] under Subsection (d)(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; or                (4)  as provided by Subsection (c).          (c)  The Health and Human Services Commission is prohibited   from releasing criminal history record information obtained under   Subsection (d)(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 (d)(2) [(a) or   (d)] to the person who is the subject of the criminal history record   information.          (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 the department or any other criminal   justice agency in this state criminal history record information   maintained by the department or that criminal justice agency that   relates to a person described by Subsection (a).          (e)  This section does not prohibit the Health and Human   Services Commission [an agency] from obtaining and using criminal   history record information as provided by other law.          (f)  The Health and Human Services Commission shall destroy   criminal history record information obtained under this section   after the information is used for its authorized purpose.          SECTION 36.  Section 411.115, Government Code, is amended by   amending Subsections (b), (d), and (e) and adding Subsections (c)   and (f) to read as follows:          (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] criminal   history record information as provided by Subsection (c)   [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 who [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 who is described by Subsection (b);   and                (2)  obtain from the department or any other criminal   justice agency in this state criminal history record information   maintained by the department or that criminal justice agency that   relates to a person described by Subsection (b).          (d)  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, may not release or disclose to any person criminal   history record information obtained from the Federal Bureau of   Investigation under Subsection (c)(1). 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)(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 obtained under this section after the information is   used for its authorized purpose [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 37.  Subchapter F, Chapter 411, Government Code, is   amended by adding Section 411.1161 to read as follows:          Sec. 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 criminal history record   information as provided by Subsection (b) that relates to a person   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 the department or any other criminal   justice agency in this state criminal history record information   maintained by the department or that criminal justice agency that   relates to a person described by Subsection (a).          (c)  The Health and Human Services Commission may not release   or disclose to any person criminal history record information   obtained from the Federal Bureau of Investigation under Subsection   (b)(1). Criminal history record information obtained by the 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; or                (4)  as provided by Subsection (d).          (d)  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.          (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.          (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.          SECTION 38.  Section 411.122(d), Government Code, as amended   by Chapters 684 (S.B. 2200), 768 (H.B. 1501), and 1232 (H.B. 1523),   Acts of the 86th Legislature, Regular Session, 2019, is reenacted   and 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;                (9)  Texas Department of Licensing and Regulation[,   except as provided by Section 411.093];                (10)  Texas Commission on Environmental Quality;                (11)  Executive Council [Texas Board] of Physical   Therapy and 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;                (15) [(16)]  Texas State Board of Examiners of   Psychologists;                (16) [(17)]  Texas Real Estate Commission;                (17) [(18)]  Texas Department of Transportation;                (18) [(19)]  State Board of Veterinary Medical   Examiners;                (19) [(20)]  Texas Department of Housing and Community   Affairs;                (20) [(21)]  secretary of state;                (21) [(22)]  state fire marshal;                (22) [(23)]  Texas Education Agency;                (23) [(24)]  Department of Agriculture; and                (24) [(25)]  Texas Department of Motor Vehicles.          SECTION 39.  Section 411.125, Government Code, is amended to   read as follows:          Sec. 411.125.  ACCESS TO CRIMINAL HISTORY RECORD   INFORMATION: TEXAS BOARD OF NURSING. (a) The Texas Board of   Nursing is entitled to obtain [from the department] criminal   history record information as provided by Subsection (b)   [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 subject to investigation by the board in   connection with a complaint or formal charge against the person; or                (4)  is accepted for enrollment in a nursing education   program that prepares the person for licensure as a vocational,   registered, or advanced practice registered nurse.          (b)  Subject to Section 411.087 and consistent with the   public policy of this state, the Texas Board of Nursing is entitled   to:                (1)  obtain through the Federal Bureau of Investigation   criminal history record information maintained or indexed by that   bureau that pertains to a person described by Subsection (a); and                (2)  obtain from the department or any other criminal   justice agency in this state criminal history record information   maintained by the department or that criminal justice agency that   relates to a person described by Subsection (a).          (c)  The Texas Board of Nursing may not release or disclose   to any person criminal history record information obtained from the   Federal Bureau of Investigation under Subsection (b)(1). Criminal   history record information obtained by the Texas Board of Nursing   under Subsection (b)(2) may not be released or disclosed to any   person except:                (1)  as required under a court order;                (2)  to a nursing board that is a member of the nurse   licensure compact under Chapter 304, Occupations Code;                (3)  with the written consent of the person who is the   subject of the criminal history record information; or                (4)  as provided by Subsection (d).          (d)  The Texas Board of Nursing is not prohibited from   disclosing criminal history record information obtained under   Subsection (b)(2) in a criminal proceeding, in a contested case   proceeding conducted by the State Office of Administrative   Hearings, or as part of an appeal of a contested case proceeding.          (e)  Criminal history record information obtained by the   Texas Board of Nursing shall be destroyed by the agency after a   final determination is made and all appeals are concluded in the   matter for which the information was obtained.          SECTION 40.  Subchapter F, Chapter 411, Government Code, is   amended by adding Section 411.12501 to read as follows:          Sec. 411.12501.  ACCESS TO CRIMINAL HISTORY RECORD   INFORMATION OF FEDERAL BUREAU OF INVESTIGATION: TEXAS ALCOHOLIC   BEVERAGE COMMISSION. (a) Subject to Section 411.087 and Public Law   92-544, the Texas Alcoholic Beverage Commission is authorized to   obtain and use criminal history record information maintained or   indexed by the Federal Bureau of Investigation that relates to a   person who is an applicant for or holds a license, permit, or   certificate under the Texas Alcoholic Beverage Code.          (b)  This section does not limit the commission's ability to   obtain criminal history record information for criminal justice   purposes or as authorized by other law.          (c)  The commission may require any person for whom the   commission is authorized to obtain and use criminal history record   information under Subsection (a) to submit a complete and legible   set of fingerprints to the commission on a form prescribed by the   commission for the purpose of obtaining criminal history record   information.          SECTION 41.  Subchapter F, Chapter 411, Government Code, is   amended by adding Section 411.12502 to read as follows:          Sec. 411.12502.  ACCESS TO CRIMINAL HISTORY RECORD   INFORMATION: TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL. (a) The   Texas Behavioral Health Executive Council is entitled to obtain   criminal history record information as provided by Subsection (b)   that relates to a person who is an applicant for or licensed as:                (1)  a licensed psychologist, licensed psychological   associate, or licensed specialist in school psychology under   Chapter 501, Occupations Code;                (2)  a licensed marriage and family therapist or   licensed marriage and family therapist associate under Chapter 502,   Occupations Code;                (3)  a licensed professional counselor or licensed   professional counselor associate under Chapter 503, Occupations   Code; or                (4)  a licensed baccalaureate social worker, licensed   master social worker, or licensed clinical social worker under   Chapter 505, Occupations Code.          (b)  Subject to Section 411.087 and consistent with the   public policy of this state, the Texas Behavioral Health Executive   Council is entitled to:                (1)  obtain through the Federal Bureau of Investigation   criminal history record information maintained or indexed by that   bureau that pertains to a person described by Subsection (a); and                (2)  obtain from the department or any other criminal   justice agency in this state criminal history record information   maintained by the department or that criminal justice agency that   relates to a person described by Subsection (a).          (c)  The Texas Behavioral Health Executive Council may not   release or disclose to any person criminal history record   information obtained from the Federal Bureau of Investigation under   Subsection (b)(1). Criminal history record information obtained by   the executive council under Subsection (b)(2) may not be released   or disclosed to any person except on court order, with the written   consent of the person who is the subject of the criminal history   record information, or as provided by Subsection (d).          (d)  The Texas Behavioral Health Executive Council is not   prohibited from disclosing criminal history record information   obtained under Subsection (b)(2) in a criminal proceeding or in a   hearing conducted by the executive council or the State Office of   Administrative Hearings.          (e)  The Texas Behavioral Health Executive Council shall   destroy criminal history record information that is obtained under   this section after the information is used for its authorized   purpose.          SECTION 42.  Subchapter F, Chapter 411, Government Code, is   amended by adding Section 411.12503 to read as follows:          Sec. 411.12503.  ACCESS TO CRIMINAL HISTORY RECORD   INFORMATION: TEXAS BOARD OF CHIROPRACTIC EXAMINERS. (a) The Texas   Board of Chiropractic Examiners is entitled to obtain criminal   history record information as provided by Subsection (b) that   relates to:                (1)  a person who is an applicant for a license or   registration under Chapter 201, Occupations Code; or                (2)  the holder of a license or registration under   Chapter 201, Occupations Code.          (b)  Subject to Section 411.087 and consistent with the   public policy of this state, the Texas Board of Chiropractic   Examiners is entitled to:                (1)  obtain through the Federal Bureau of Investigation   criminal history record information maintained or indexed by that   bureau that pertains to a person described by Subsection (a); and                (2)  obtain from the department or any other criminal   justice agency in this state criminal history record information   maintained by the department or that criminal justice agency that   relates to a person described by Subsection (a).          (c)  The Texas Board of Chiropractic Examiners may not   release or disclose to any person criminal history record   information obtained from the Federal Bureau of Investigation under   Subsection (b)(1). Criminal history record information obtained by   the Texas Board of Chiropractic Examiners under Subsection (b)(2)   may not be released or disclosed to any person except on court   order, with the written consent of the person who is the subject of   the criminal history record information, or as provided by   Subsection (d).          (d)  The Texas Board of Chiropractic Examiners is not   prohibited from disclosing criminal history record information   obtained under Subsection (b)(2) in a criminal proceeding or in a   hearing conducted under the authority of the Texas Board of   Chiropractic Examiners.          (e)  The Texas Board of Chiropractic Examiners shall destroy   criminal history record information that is obtained under this   section after the information is used for its authorized purpose.          SECTION 43.  Subchapter F, Chapter 411, Government Code, is   amended by adding Section 411.12504 to read as follows:          Sec. 411.12504.  ACCESS TO CRIMINAL HISTORY RECORD   INFORMATION: STATE BOARD OF DENTAL EXAMINERS. (a) The State Board   of Dental Examiners is entitled to obtain criminal history record   information as provided by Subsection (b) that relates to a person   who:                (1)  is an applicant for a license, certificate,   registration, permit, or other authorization under Subtitle D,   Title 3, Occupations Code;                (2)  is the holder of a license, certificate,   registration, permit, or other authorization under that subtitle;                (3)  requests a determination of eligibility for a   license, certificate, registration, permit, or other authorization   from the State Board of Dental Examiners; or                (4)  is an applicant for employment at or current   employee of the State Board of Dental Examiners.          (b)  Subject to Section 411.087 and consistent with the   public policy of this state, the State Board of Dental Examiners is   entitled to:                (1)  obtain through the Federal Bureau of Investigation   criminal history record information maintained or indexed by that   bureau that pertains to a person described by Subsection (a); and                (2)  obtain from the department or any other criminal   justice agency in this state criminal history record information   maintained by the department or that criminal justice agency that   relates to a person described by Subsection (a).          (c)  The State Board of Dental Examiners may not release or   disclose to any person criminal history record information obtained   from the Federal Bureau of Investigation under Subsection (b)(1).   Criminal history record information obtained by the State Board of   Dental Examiners under Subsection (b)(2) may not be released or   disclosed to any person except on court order, with the written   consent of the person who is the subject of the criminal history   record information, or as provided by Subsection (d).          (d)  The State Board of Dental Examiners is not prohibited   from disclosing criminal history record information obtained under   Subsection (b)(2) in a criminal proceeding or in a hearing   conducted by the State Board of Dental Examiners or the State Office   of Administrative Hearings.          (e)  The State Board of Dental Examiners shall destroy   criminal history record information obtained under this section   after a final determination is made in the matter for which the   information was obtained.          SECTION 44.  Subchapter F, Chapter 411, Government Code, is   amended by adding Section 411.12505 to read as follows:          Sec. 411.12505.  ACCESS TO CRIMINAL HISTORY RECORD   INFORMATION: QUALIFIED SCHOOL CONTRACTORS. (a) In this section,   "qualified school contractor" means an entity that:                (1)  contracts or subcontracts to provide services to a   school district, charter school, or shared services arrangement;   and                (2)  is determined eligible by the department to obtain   criminal history record information under the National Child   Protection Act of 1993 (34 U.S.C. Section 40101 et seq.) for an   employee, applicant for employment, or volunteer of the qualified   school contractor.          (b)  A qualified school contractor is entitled to obtain from   the department or any other criminal justice agency in this state   criminal history record information maintained by the department or   that criminal justice agency that relates to a person described by   Subsection (a)(2).          (c)  Criminal history record information obtained by a   qualified school contractor under Subsection (b) in the original   form or any subsequent form:                (1)  may not be released to any person except:                      (A)  to the person who is the subject of the   information;                      (B)  with the consent of the person who is the   subject of the information;                      (C)  by court order; or                      (D)  except as provided by Subsection (d); and                (2)  is not subject to disclosure as provided by   Chapter 552.          (d)  A qualified school contractor may provide a fitness   determination based on criminal history record information   obtained under this section to a school district, charter school,   or shared services arrangement.          (e)  A qualified school contractor shall destroy criminal   history record information that is obtained under this section   after the information is used for its authorized purpose.          (f)  The department in coordination with the commissioner of   education may adopt rules necessary to implement this section.          SECTION 45.  Subchapter F, Chapter 411, Government Code, is   amended by adding Section 411.12506 to read as follows:          Sec. 411.12506.  ACCESS TO CRIMINAL HISTORY RECORD   INFORMATION: TEXAS COMMISSION ON ENVIRONMENTAL QUALITY. (a) The   Texas Commission on Environmental Quality is entitled to obtain   criminal history record information as provided by Subsection (b)   that relates to a person who:                (1)  is an applicant for a license, permit, or   registration under:                      (A)  Chapters 341, 361, and 366, Health and Safety   Code;                      (B)  Chapter 1903, Occupations Code; or                      (C)  Chapters 26 and 37, Water Code;                (2)  is the holder of a license, permit, or   registration under a provision listed in Subdivision (1); or                (3)  requests a determination of eligibility for a   license, permit, or registration from the agency under a provision   listed in Subdivision (1).          (b)  Subject to Section 411.087 and consistent with the   public policy of this state, the Texas Commission on Environmental   Quality is entitled to:                (1)  obtain through the Federal Bureau of Investigation   criminal history record information maintained or indexed by that   bureau that pertains to a person described by Subsection (a); and                (2)  obtain from the department or any other criminal   justice agency in this state criminal history record information   maintained by the department or that criminal justice agency that   relates to a person described by Subsection (a).          (c)  The Texas Commission on Environmental Quality may not   release or disclose to any person criminal history record   information obtained from the Federal Bureau of Investigation under   Subsection (b)(1). Criminal history record information obtained by   the Texas Commission on Environmental Quality under Subsection   (b)(2) may not be released or disclosed to any person except on   court order, with the written consent of the person who is the   subject of the criminal history record information, or as provided   by Subsection (d).          (d)  The Texas Commission on Environmental Quality is not   prohibited from disclosing criminal history record information   obtained under Subsection (b)(2) in a criminal proceeding or in an   administrative proceeding conducted by the Texas Commission on   Environmental Quality or the State Office of Administrative   Hearings.          (e)  The Texas Commission on Environmental Quality shall   destroy criminal history record information that is obtained under   this section after the information is used for its authorized   purpose.          SECTION 46.  Subchapter F, Chapter 411, Government Code, is   amended by adding Section 411.12507 to read as follows:          Sec. 411.12507.  ACCESS TO CRIMINAL HISTORY RECORD   INFORMATION: TEXAS FUNERAL SERVICE COMMISSION. (a) The Texas   Funeral Service Commission is entitled to obtain criminal history   record information as provided by Subsection (b) that relates to:                (1)  a person who is:                      (A)  an applicant for a license or certificate   under Sections 651.259 and 651.302, Occupations Code; or                      (B)  the holder of a license or certificate under   Chapter 651, Occupations Code;                (2)  an applicant for a license or a license holder   under Chapter 651, Occupations Code;                (3)  an applicant for employment at or current employee   of the Texas Funeral Service Commission; or                (4)  a person authorized to access vital records or the   vital records electronic registration system under Chapter 191,   Health and Safety Code, or a funeral director.          (b)  Subject to Section 411.087 and consistent with the   public policy of this state, the Texas Funeral Service Commission   is entitled to:                (1)  obtain through the Federal Bureau of Investigation   criminal history record information maintained or indexed by that   bureau that pertains to a person described by Subsection (a); and                (2)  obtain from the department or any other criminal   justice agency in this state criminal history record information   maintained by the department or that criminal justice agency that   relates to a person described by Subsection (a).          (c)  The Texas Funeral Service Commission may not release or   disclose to any person criminal history record information obtained   from the Federal Bureau of Investigation under Subsection (b)(1).   Criminal history record information obtained by the Texas Funeral   Service Commission under Subsection (b)(2) may not be released or   disclosed to any person except on court order, with the written   consent of the person who is the subject of the criminal history   record information, or as provided by Subsection (d).          (d)  The Texas Funeral Service Commission is not prohibited   from disclosing criminal history record information obtained under   Subsection (b)(2) in a criminal proceeding or in a hearing   conducted by the Texas Funeral Service Commission.          (e)  The Texas Funeral Service Commission may not consider   offenses described by Section 542.304, Transportation Code, to   determine whether to hire or retain an employee or to contract with   a person on whom criminal history record information is obtained   under this section.          (f)  The Texas Funeral Service Commission shall destroy   criminal history record information that is obtained under this   section after the information is used for its authorized purpose.          SECTION 47.  Subchapter F, Chapter 411, Government Code, is   amended by adding Section 411.12508 to read as follows:          Sec. 411.12508.  ACCESS TO CRIMINAL HISTORY RECORD   INFORMATION: MANUFACTURED HOUSING DIVISION. (a) The manufactured   housing division of the Texas Department of Housing and Community   Affairs is entitled to obtain criminal history record information   as provided by Subsection (b) that relates to a person who is:                (1)  an applicant for or holder of a license under   Chapter 1201, Occupations Code; or                (2)  an owner, officer, or related person or manager of   a person described by Subdivision (1).          (b)  Subject to Section 411.087 of this code and Chapter   1201, Occupations Code, and consistent with the public policy of   this state, the manufactured housing division is entitled to:                (1)  obtain through the Federal Bureau of Investigation   criminal history record information maintained or indexed by that   bureau that pertains to a person described by Subsection (a); and                (2)  obtain from the department or any other criminal   justice agency in this state criminal history record information   maintained by the department or that criminal justice agency that   relates to a person described by Subsection (a).          (c)  The manufactured housing division may not release or   disclose to any person criminal history record information obtained   from the Federal Bureau of Investigation under Subsection (b)(1).   Criminal history record information obtained by the manufactured   housing division under Subsection (b)(2) may not be released or   disclosed to any person except on court order, with the written   consent of the person who is the subject of the criminal history   record information, or as provided by Subsection (d).          (d)  The manufactured housing division is not prohibited   from disclosing criminal history record information obtained under   Subsection (b)(2) in a criminal proceeding or in a hearing   conducted by the manufactured housing division. Certified public   documents that contain criminal history record information   described by Subsection (b)(2) but that the division does not   obtain under that subdivision may be used in a criminal or civil   proceeding or in a hearing conducted by the manufactured housing   division.          (e)  The manufactured housing division shall destroy   criminal history record information that is obtained under this   section after the information is used for its authorized purpose.          SECTION 48.  Subchapter F, Chapter 411, Government Code, is   amended by adding Section 411.12509 to read as follows:          Sec. 411.12509.  ACCESS TO CRIMINAL HISTORY RECORD   INFORMATION: STATE FIRE MARSHAL. (a) The state fire marshal is   entitled to obtain criminal history record information as provided   by Subsection (b) that relates to a person who is an applicant for a   license issued by the state fire marshal.          (b)  Subject to Section 411.087 and consistent with the   public policy of this state, the state fire marshal is entitled to:                (1)  obtain through the Federal Bureau of Investigation   criminal history record information maintained or indexed by that   bureau that pertains to a person described by Subsection (a); and                (2)  obtain from the department or any other criminal   justice agency in this state criminal history record information   maintained by the department or that criminal justice agency that   relates to a person described by Subsection (a).          (c)  The state fire marshal may not release or disclose to   any person criminal history record information obtained from the   Federal Bureau of Investigation under Subsection (b)(1). Criminal   history record information obtained by the state fire marshal under   Subsection (b)(2) may not be disclosed or released to any person   except on court order, with the written consent of the person who is   the subject of the criminal history record information, or as   provided by Subsection (d).          (d)  The state fire marshal is not prohibited from disclosing   criminal history record information obtained under Subsection   (b)(2) in a criminal proceeding or in a hearing conducted by the   state fire marshal.          (e)  The state fire marshal shall destroy criminal history   record information that is obtained under this section after the   information is used for its authorized purpose.          SECTION 49.  Subchapter F, Chapter 411, Government Code, is   amended by adding Section 411.12510 to read as follows:          Sec. 411.12510.  ACCESS TO CRIMINAL HISTORY RECORD   INFORMATION: TEXAS MEDICAL BOARD. (a) The Texas Medical Board is   entitled to obtain criminal history record information as provided   by Subsection (b) that relates to a person who is:                (1)  an applicant for or holder of a license to practice   medicine;                (2)  an applicant for or holder of a license to practice   as a physician assistant;                (3)  an applicant for or holder of a license to practice   as an acupuncturist;                (4)  an applicant for or holder of a certificate to   practice as an acudetox specialist;                (5)  an applicant for or holder of a license to practice   as a surgical assistant;                (6)  an applicant for or holder of a general   certificate to perform radiologic procedures, limited certificate   to perform radiologic procedures only on specific parts of the   body, or radiologist assistant certificate;                (7)  an applicant for or holder of a placement on the   registry of noncertified technicians;                (8)  an employee of an applicant for a hardship   exemption;                (9)  an applicant for or holder of a license to practice   as a medical physicist;                (10)  an applicant for or holder of a license to   practice as a perfusionist;                (11)  an applicant for or holder of a license to   practice as a respiratory care practitioner; and                (12)  an applicant for or holder of a pain management   clinic certificate.          (b)  Subject to Section 411.087 and consistent with the   public policy of this state, the Texas Medical Board is entitled to:                (1)  obtain through the Federal Bureau of Investigation   criminal history record information maintained or indexed by that   bureau that pertains to a person described by Subsection (a); and                (2)  obtain from the department or any other criminal   justice agency in this state criminal history record information   maintained by the department or that criminal justice agency that   relates to a person described by Subsection (a).          (c)  The Texas Medical Board may not release or disclose to   any person criminal history record information obtained from the   Federal Bureau of Investigation under Subsection (b)(1). Criminal   history record information obtained by the Texas Medical Board   under Subsection (b)(2) may not be released or disclosed to any   person, except as provided by Subsection (d).          (d)  The Texas Medical Board is not prohibited from   disclosing criminal history record information obtained under   Subsection (b)(2) in a hearing conducted by the Texas Medical Board   or its advisory boards.          (e)  The Texas Medical Board shall destroy criminal history   record information that is obtained under this section after the   information is used for its authorized purpose.          SECTION 50.  Subchapter F, Chapter 411, Government Code, is   amended by adding Section 411.12511 to read as follows:          Sec. 411.12511.  ACCESS TO CRIMINAL HISTORY RECORD   INFORMATION: TEXAS DEPARTMENT OF MOTOR VEHICLES. (a) The Texas   Department of Motor Vehicles is entitled to obtain criminal history   record information as provided by Subsection (b) that relates to a   person:                (1)  who is an applicant for or holds a general   distinguishing number under Chapter 503, Transportation Code;                (2)  who is an applicant for or holds a license under   Chapter 2301 or 2302, Occupations Code; or                (3)  who is an officer, director, member, manager,   principal, partner, trustee, or other person acting in a   representative capacity for an applicant, general distinguishing   number holder, or license holder and whose act or omission would be   cause for denying, revoking, or suspending a general distinguishing   number or license issued under Chapter 503, Transportation Code, or   Chapter 2301 or 2302, Occupations Code.          (b)  Subject to Section 411.087 and consistent with the   public policy of this state, the Texas Department of Motor Vehicles   is entitled to:                (1)  obtain through the Federal Bureau of Investigation   criminal history record information maintained or indexed by that   bureau that pertains to a person described by Subsection (a); and                (2)  obtain from the department or any other criminal   justice agency in this state criminal history record information   maintained by the department or that criminal justice agency that   relates to a person described by Subsection (a).          (c)  The Texas Department of Motor Vehicles may not release   or disclose to any person criminal history record information   obtained from the Federal Bureau of Investigation under Subsection   (b)(1). Criminal history record information obtained by the Texas   Department of Motor Vehicles under Subsection (b)(2) may not be   released or disclosed to any person except on court order, with the   written consent of the person who is the subject of the criminal   history record information, or as provided by Subsection (d).          (d)  The Texas Department of Motor Vehicles is not prohibited   from disclosing criminal history record information obtained under   Subsection (b)(2) in a criminal proceeding or in a hearing in which   the Texas Department of Motor Vehicles is a party.          (e)  The Texas Department of Motor Vehicles shall destroy   criminal history record information that is obtained under this   section after the information is used for its authorized purpose.          SECTION 51.  Subchapter F, Chapter 411, Government Code, is   amended by adding Section 411.12512 to read as follows:          Sec. 411.12512.  ACCESS TO CRIMINAL HISTORY RECORD   INFORMATION: TEXAS OPTOMETRY BOARD. (a) The Texas Optometry Board   is entitled to obtain criminal history record information as   provided by Subsection (b) that relates to a person who is:                (1)  an applicant for a license under Section 351.251,   Occupations Code; or                (2)  the holder of a license under Section 351.302,   Occupations Code.          (b)  Subject to Section 411.087 of this code and Sections   351.2525 and 351.3045, Occupations Code, and consistent with the   public policy of this state, the Texas Optometry Board is entitled   to:                (1)  obtain through the Federal Bureau of Investigation   criminal history record information maintained or indexed by that   bureau that pertains to a person described by Subsection (a); and                (2)  obtain from the department or any other criminal   justice agency in this state criminal history record information   maintained by the department or that criminal justice agency that   relates to a person described by Subsection (a).          (c)  The Texas Optometry Board may not release or disclose to   any person criminal history record information obtained from the   Federal Bureau of Investigation under Subsection (b)(1). Criminal   history record information obtained by the Texas Optometry Board   under Subsection (b)(2) may not be released or disclosed to any   person except on court order, with the written consent of the person   who is the subject of the criminal history record information, or as   provided by Subsection (d).          (d)  The Texas Optometry Board is not prohibited from   disclosing criminal history record information obtained under   Subsection (b)(2) in a criminal proceeding or in a hearing   conducted by the Texas Optometry Board.          (e)  The Texas Optometry Board shall destroy criminal   history record information that is obtained under this section   after the information is used for its authorized purpose.          SECTION 52.  Subchapter F, Chapter 411, Government Code, is   amended by adding Section 411.12513 to read as follows:          Sec. 411.12513.  ACCESS TO CRIMINAL HISTORY RECORD   INFORMATION: EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND   OCCUPATIONAL THERAPY EXAMINERS. (a) The Executive Council of   Physical Therapy and Occupational Therapy Examiners is entitled to   obtain criminal history record information as provided by   Subsection (b) that relates to a person who is:                (1)  an applicant for or the holder of a physical   therapist or physical therapist assistant license under Chapter   453, Occupations Code; or                (2)  an applicant for or the holder of an occupational   therapist or occupational therapy assistant license under Chapter   454, Occupations Code.          (b)  Subject to Section 411.087 and consistent with the   public policy of this state, the Executive Council of Physical   Therapy and Occupational Therapy Examiners is entitled to:                (1)  obtain through the Federal Bureau of Investigation   criminal history record information maintained or indexed by that   bureau that pertains to a person described by Subsection (a); and                (2)  obtain from the department or any other criminal   justice agency in this state criminal history record information   maintained by the department or that criminal justice agency that   relates to a person described by Subsection (a).          (c)  The Executive Council of Physical Therapy and   Occupational Therapy Examiners may not release or disclose to any   person criminal history record information obtained from the   Federal Bureau of Investigation under Subsection (b)(1). Criminal   history record information obtained by the Executive Council of   Physical Therapy and Occupational Therapy Examiners under   Subsection (b)(2) may not be released or disclosed to any person   except on court order, with the written consent of the person who is   the subject of the criminal history record information, or as   provided by Subsection (d).          (d)  The Executive Council of Physical Therapy and   Occupational Therapy Examiners is not prohibited from disclosing   criminal history record information obtained under Subsection   (b)(2) in a criminal proceeding or in a hearing conducted by the   Executive Council of Physical Therapy and Occupational Therapy   Examiners.          (e)  The Executive Council of Physical Therapy and   Occupational Therapy Examiners shall destroy criminal history   record information that is obtained under this section after the   information is used for its authorized purpose.          SECTION 53.  Subchapter F, Chapter 411, Government Code, is   amended by adding Section 411.12514 to read as follows:          Sec. 411.12514.  ACCESS TO CRIMINAL HISTORY RECORD   INFORMATION: TEXAS STATE BOARD OF PLUMBING EXAMINERS. (a) The   Texas State Board of Plumbing Examiners is entitled to obtain   criminal history record information as provided by Subsection (b)   that relates to an applicant for a license, registration,   endorsement, or certificate under Chapter 1301, Occupations Code,   including a license, registration, endorsement, or certificate, as   applicable, for any of the following functions:  master plumber,   journeyman plumber, plumbing inspector, tradesman-plumber limited,   plumber's apprentice, multipurpose residential fire protection   sprinkler specialist, water supply protection specialist, and   medical gas piping installation.          (b)  Subject to Section 411.087 and consistent with the   public policy of this state, the Texas State Board of Plumbing   Examiners is entitled to:                (1)  obtain through the Federal Bureau of Investigation   criminal history record information maintained or indexed by that   bureau that pertains to a person described by Subsection (a); and                (2)  obtain from the department or any other criminal   justice agency in this state criminal history record information   maintained by the department or that criminal justice agency that   relates to a person described by Subsection (a).          (c)  The Texas State Board of Plumbing Examiners may not   release or disclose to any person criminal history record   information obtained from the Federal Bureau of Investigation under   Subsection (b)(1). Criminal history record information obtained by   the Texas State Board of Plumbing Examiners under Subsection (b)(2)   may not be released or disclosed to any person except on court   order, with the written consent of the person or entity that is the   subject of the criminal history record information, or as provided   by Subsection (d).          (d)  The Texas State Board of Plumbing Examiners is not   prohibited from disclosing criminal history record information   obtained under Subsection (b)(2) in a criminal proceeding or in a   hearing conducted by the Texas State Board of Plumbing Examiners.          (e)  The Texas State Board of Plumbing Examiners shall   destroy criminal history record information that is obtained under   this section after the information is used for its authorized   purpose.          SECTION 54.  Subchapter F, Chapter 411, Government Code, is   amended by adding Section 411.12515 to read as follows:          Sec. 411.12515.  ACCESS TO CRIMINAL HISTORY RECORD   INFORMATION: TEXAS REAL ESTATE COMMISSION AND TEXAS APPRAISER   LICENSING AND CERTIFICATION BOARD. (a) In this section:                (1)  "Board" means the Texas Appraiser Licensing and   Certification Board.                (2)  "Commission" means the Texas Real Estate   Commission.          (b)  The commission is entitled to obtain criminal history   record information as provided by Subsection (d) 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 criminal history record   information as provided by Subsection (d) 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 a 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)  Subject to Section 411.087 of this code and Sections   1101.3521, 1101.4521, 1101.5041, 1102.1051, and 1103.2031,   Occupations Code, and consistent with the public policy of this   state, the commission and the board 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 (b) or (c);   and                (2)  obtain from the department or any other criminal   justice agency in this state criminal history record information   maintained by the department or that criminal justice agency that   relates to a person described by Subsection (b) or (c).          (e)  The commission or the board, as applicable, may not   release or disclose to any person criminal history record   information obtained from the Federal Bureau of Investigation under   Subsection (d)(1). The commission or the board, as applicable, is   not prohibited from disclosing criminal history record information   obtained under Subsection (d)(2) in a criminal proceeding or in a   hearing conducted by the State Office of Administrative Hearings on   behalf of that agency.          (f)  The commission or board shall destroy criminal history   record information that is obtained under this section after the   information is used for its authorized purpose.          SECTION 55.  Subchapter F, Chapter 411, Government Code, is   amended by adding Section 411.12516 to read as follows:          Sec. 411.12516.  ACCESS TO CRIMINAL HISTORY RECORD   INFORMATION: TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND   SURVEYORS. (a) The Texas Board of Professional Engineers and Land   Surveyors is entitled to obtain criminal history record information   as provided by Subsection (b) that relates to an applicant for or   holder of a license under Chapters 1001 and 1071, Occupations Code.          (b)  Subject to Section 411.087 of this code and Section   1001.272, Occupations Code, and consistent with the public policy   of this state, the Texas Board of Professional Engineers and Land   Surveyors is entitled to:                (1)  obtain through the Federal Bureau of Investigation   criminal history record information maintained or indexed by that   bureau that pertains to a person described by Subsection (a); and                (2)  obtain from the department or any other criminal   justice agency in this state criminal history record information   maintained by the department or that criminal justice agency that   relates to a person described by Subsection (a).          (c)  The Texas Board of Professional Engineers and Land   Surveyors may not release or disclose to any person criminal   history record information obtained from the Federal Bureau of   Investigation under Subsection (b)(1). Criminal history record   information obtained by the Texas Board of Professional Engineers   and Land Surveyors under Subsection (b)(2) may not be released or   disclosed to any person except on court order, with the written   consent of the person who is the subject of the criminal history   record information, or as provided by Subsection (d).          (d)  The Texas Board of Professional Engineers and Land   Surveyors is not prohibited from disclosing criminal history record   information obtained under Subsection (b)(2) in a criminal   proceeding or in a hearing conducted by the Texas Board of   Professional Engineers and Land Surveyors.          (e)  The Texas Board of Professional Engineers and Land   Surveyors shall destroy criminal history record information that is   obtained under this section after the information is used for its   authorized purpose.          SECTION 56.  Subchapter F, Chapter 411, Government Code, is   amended by adding Section 411.12517 to read as follows:          Sec. 411.12517.  ACCESS TO CRIMINAL HISTORY RECORD   INFORMATION: TEXAS STATE BOARD OF PHARMACY. (a) The Texas State   Board of Pharmacy is entitled to obtain criminal history record   information as provided by Subsection (b) that relates to a person   who:                (1)  is an applicant for or holder of a license,   certificate, registration, permit, or other authorization under   Chapters 557, 558, 559, and 568, Occupations Code;                (2)  is an applicant for or holder of a Class A, Class   B, Class C, Class D, or Class E pharmacy license under Chapters 560   and 561, Occupations Code;                (3)  requests a determination of eligibility for a   license, certificate, registration, permit, or other authorization   from the Texas State Board of Pharmacy; or                (4)  is an applicant for employment at or current   employee of the Texas State Board of Pharmacy.          (b)  Subject to Section 411.087 and consistent with the   public policy of this state, the Texas State Board of Pharmacy is   entitled to:                (1)  obtain through the Federal Bureau of Investigation   criminal history record information maintained or indexed by that   bureau that pertains to a person described by Subsection (a); and                (2)  obtain from the department or any other criminal   justice agency in this state criminal history record information   maintained by the department or that criminal justice agency that   relates to a person described by Subsection (a).          (c)  The Texas State Board of Pharmacy may not release or   disclose to any person criminal history record information obtained   from the Federal Bureau of Investigation under Subsection (b)(1).   Criminal history record information obtained by the Texas State   Board of Pharmacy under Subsection (b)(2) may not be released or   disclosed to any person except on court order, with the written   consent of the person who is the subject of the criminal history   record information, or as provided by Subsection (d).          (d)  The Texas State Board of Pharmacy is not prohibited from   disclosing criminal history record information obtained under   Subsection (b)(2) in a criminal proceeding or in a hearing   conducted by the Texas State Board of Pharmacy or the State Office   of Administrative Hearings.           (e)  The Texas State Board of Pharmacy 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.          SECTION 57.  The heading to 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 FOR APPRAISAL DISTRICT, AND APPLICANT TO   TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD.          SECTION 58.  Section 411.1296, Government Code, is amended   by amending Subsections (a) and (c) and adding Subsections (a-1),   (d), (e), and (f) to read as follows:          (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 are [is] entitled to   obtain [from the department] criminal history record information as   provided by Subsection (a-1) [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, for a license or certification as   an appraiser trainee, licensed residential appraiser, certified   residential appraiser, or certified general appraiser, or for an   appraisal management company regulated by the Texas Appraiser   Licensing and Certification Board.          (a-1)  Subject to Section 411.087 and consistent with the   public policy of this state, an appraisal district and the Texas   Appraiser Licensing and Certification Board 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 the department or any other criminal   justice agency in this state criminal history record information   maintained by the department or that criminal justice agency that   relates to a person described by Subsection (a).          (c)  The appraisal district may provide criminal history   record information obtained under Subsection (a-1)(2) [this   section] to the local administrative district judge or to the   appraisal review board commissioners appointed by the local   administrative district judge.          (d)  An appraisal district or the Texas Appraiser Licensing   and Certification Board, as applicable, may not release or disclose   to any person criminal history record information obtained from the   Federal Bureau of Investigation under Subsection (a-1)(1).   Criminal history record information obtained by an appraisal   district or the Texas Appraiser Licensing and Certification Board   under Subsection (a-1)(2) may not be released or disclosed to any   person except on court order, with the written consent of the person   who is the subject of the criminal history record information, or as   provided by Subsections (c) and (e).          (e)  An appraisal district or the Texas Appraiser Licensing   and Certification Board is not prohibited from disclosing criminal   history record information obtained under Subsection (a-1)(2) in a   criminal proceeding or in a hearing conducted by an appraisal   district or the Texas Appraiser Licensing and Certification Board.          (f)  An appraisal district or the Texas Appraiser Licensing   and Certification Board shall destroy criminal history record   information that is obtained under this section after the   information is used for its authorized purpose.          SECTION 59.  Section 411.1386, Government Code, is amended   by amending Subsections (a), (a-6), (b), (c), (g), and (h) and   adding Subsections (a-7) and (c-1) to read as follows:          (a)  Except as provided by Subsections (a-1)[, (a-5),] and   (a-6), the clerk of the county having venue over a proceeding for   the appointment of a guardian under Title 3, Estates Code, shall   obtain [from the department] criminal history record information as   provided by Subsection (a-7) [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, or any   person who will have contact with the proposed ward or the proposed   ward's estate on behalf of the proposed guardian, other than an   attorney or a certified guardian.          (a-6)  The clerk described by Subsection (a) is not required   to obtain criminal history record information from the department   for a person if the Judicial Branch Certification Commission   conducted a criminal history check on the person under Sections   155.203 and 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   Subsection (a-7)(1), obtain criminal history record information   from the Federal Bureau of Investigation identification division   relating to any person described by Subsection (a).          (a-7)  Subject to Section 411.087 and consistent with the   public policy of this state, the clerk described by Subsection (a)   is entitled to:                (1)  obtain through the Federal Bureau of Investigation   criminal history record information maintained or indexed by that   bureau that pertains to a person described by Subsection (a); and                (2)  obtain from the department or any other criminal   justice agency in this state criminal history record information   maintained by the department or that criminal justice agency that   relates to a person described by Subsection (a).          (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)  A clerk may not release or disclose to any person   criminal history record information obtained from the Federal   Bureau of Investigation under Subsection (a-7)(1).  Criminal   history record information obtained by or provided to a clerk under   Subsection (a-7)(2) [(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.            (c-1)  The clerk shall [may] destroy the criminal history   record information after the information is used for the purposes   authorized by this section.          (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.          (h)  The county clerk may charge a $10 fee to recover the   costs of obtaining criminal history record information [records]   authorized by Subsection (a-7) [(a)].          SECTION 60.  Section 411.13861, Government Code, is amended   by amending Subsections (a), (b), and (c) and adding Subsections   (a-1) and (c-1) to read as follows:          (a)  The Health and Human Services Commission is entitled to   obtain [from the Department of Public Safety] criminal history   record information as provided by Subsection (a-1) [maintained by   the Department of Public Safety] that relates to a person:                (1)  who is 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.          (a-1)  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 who is described by Subsection (a);   and                (2)  obtain from the department or any other criminal   justice agency in this state criminal history record information   maintained by the department or that criminal justice agency that   relates to a person described by Subsection (a).          (b)  Criminal history record information obtained under   Subsection (a-1) [(a)] is for the exclusive use of the Health and   Human Services Commission and is privileged and confidential.          (c)  The Health and Human Services Commission may not release   or disclose to any person criminal history record information   obtained from the Federal Bureau of Investigation under Subsection   (a-1)(1).  Criminal history record information obtained by the   Health and Human Services Commission under Subsection (a-1)(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.          (c-1)  The Health and Human Services Commission shall [may]   destroy the criminal history record information after the   information is used for the purposes authorized by this section.          SECTION 61.  Section 411.1405, Government Code, is amended   by amending Subsections (b), (c), and (d) and adding Subsections   (b-1) and (g) to read as follows:          (b)  To the extent consistent with Subsection (e), a state   agency is entitled to obtain [from the department the] criminal   history record information as provided by Subsection (b-1)   [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.          (b-1)  Subject to Section 411.087 and consistent with the   public policy of this state, a state 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 (b); and                (2)  obtain from the department or any other criminal   justice agency in this state criminal history record information   maintained by the department or that criminal justice agency that   relates to a person described by Subsection (b).          (c)  A state agency may not release or disclose to any person   criminal history record information obtained from the Federal   Bureau of Investigation under Subsection (b-1)(1). A state agency   that obtains criminal history record information under this section   may not release or disclose the information obtained under   Subsection (b-1)(2) 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; or                (4)  as described by Subsection (g) [, 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 after the information is used for the   purposes authorized by 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].          (g)  A state agency is not prohibited from disclosing   criminal history record information obtained under Subsection   (b-1)(2) in a criminal proceeding.          SECTION 62.  Section 411.1408, Government Code, is amended   by amending Subsections (b) and (c) and adding Subsections (b-1)   and (d) to read as follows:          (b)  The commission is entitled to obtain [from the   department] criminal history record information as provided by   Subsection (b-1) [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.          (b-1)  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 the department or any other criminal   justice agency in this state criminal history record information   maintained by the department or that criminal justice agency that   relates to a person described by Subsection (b).          (c)  The commission may not release or disclose to any person   criminal history record information obtained from the Federal   Bureau of Investigation under Subsection (b-1)(1). Criminal   history record information obtained by the commission under   Subsection (b-1)(2) [(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; and                (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-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].          (d)  The commission shall destroy criminal history record   information that is obtained under this section after the   information is used for its authorized purpose.          SECTION 63.  Section 411.1409, Government Code, is amended   by amending Subsections (b), (c), (d), and (e) and adding   Subsection (b-1) to read as follows:          (b)  An appellate court is entitled to obtain [from the   department] criminal history record information as provided by   Subsection (b-1) [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.          (b-1)  Subject to Section 411.087 and consistent with the   public policy of this state, the court 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 the department or any other criminal   justice agency in this state criminal history record information   maintained by the department or that criminal justice agency that   relates to a person described by Subsection (b).          (c)  Criminal history record information obtained by the   court under this section [Subsection (b)] may be used only to   evaluate an applicant.          (d)  The court may not release or disclose to any person   criminal history record information obtained from the Federal   Bureau of Investigation under Subsection (b-1)(1). The court may   not release or disclose information obtained under Subsection   (b-1)(2) [(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].          (e)  The [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 this section after the information is used for its   authorized purpose [Subsection (b)].          SECTION 64.  Subchapter F, Chapter 411, Government Code, is   amended by adding Section 411.14101 to read as follows:          Sec. 411.14101.  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 criminal history record   information as provided by Subsection (c) that relates to a person   who is:                (1)  an employee of, or an applicant for employment   with, the office; or                (2)  a contractor, subcontractor, volunteer, or intern   of the office, or an applicant to serve in one of those capacities.          (c)  Subject to Section 411.087 and consistent with the   public policy of this state, the office 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 the department or any other criminal   justice agency in this state criminal history record information   maintained by the department or that criminal justice agency that   relates to a person described by Subsection (b).          (d)  The office may not release or disclose to any person   criminal history record information obtained from the Federal   Bureau of Investigation under Subsection (c)(1).  Criminal history   record information obtained by the office under Subsection (c)(2)   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.          (e)  The office shall destroy criminal history record   information that is obtained under this section after the   information is used for its authorized purpose.          SECTION 65.  Subchapter F, Chapter 411, Government Code, is   amended by adding Section 411.14102 to read as follows:          Sec. 411.14102.  ACCESS TO CRIMINAL HISTORY RECORD   INFORMATION: TEXAS BOARD OF ARCHITECTURAL EXAMINERS. (a) The   Texas Board of Architectural Examiners is entitled to obtain   criminal history record information as provided by Subsection (b)   that relates to:                (1)  a person who is:                      (A)  an applicant for an architectural   registration under Chapter 1051, Occupations Code; 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 Chapter 1052, Occupations Code; 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 Chapter 1053, Occupations Code; or                      (B)  the holder of an interior design registration   under that chapter.          (b)  Subject to Section 411.087 of this code and Section   1051.3041, Occupations Code, and consistent with the public policy   of this state, the Texas Board of Architectural Examiners is   entitled to:                (1)  obtain through the Federal Bureau of Investigation   criminal history record information maintained or indexed by that   bureau that pertains to a person described by Subsection (a); and                (2)  obtain from the department or any other criminal   justice agency in this state criminal history record information   maintained by the department or that criminal justice agency that   relates to a person described by Subsection (a).          (c)  The Texas Board of Architectural Examiners may not   release or disclose to any person criminal history record   information obtained from the Federal Bureau of Investigation under   Subsection (b)(1).  Criminal history record information obtained by   the Texas Board of Architectural Examiners under Subsection (b)(2)   may not be released or disclosed to any person except on court order   or as provided by Subsection (d).          (d)  The Texas Board of Architectural Examiners is not   prohibited from disclosing criminal history record information   obtained under Subsection (b)(2) in a criminal proceeding or in a   hearing conducted by the Texas Board of Architectural Examiners or   the State Office of Administrative Hearings.          (e)  The Texas Board of Architectural Examiners shall   destroy criminal history record information that is obtained under   this section after the information is used for its authorized   purpose.          SECTION 66.  Sections 301.2511(a) and (c), Occupations Code,   are amended to read as follows:          (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.          (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] licensure as 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.          SECTION 67.  Section 1101.002, Occupations Code, is amended   by adding Subdivision (3-a) to read 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 68.  Section 1101.501, Occupations Code, is amended   to read 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 69.  Section 1101.5041, Occupations Code, is amended   to read 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.          SECTION 70.  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)  work [works] in an occupation as an employee,   contractor, or volunteer [determined by the commission] to afford   the individual [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.          (c)  Notwithstanding Subsection (b), the following   individuals require a criminal history background check before an   occupational license is issued: commissioners, regulatory   employees and contractors hired by the commission, racetrack   association employees, training facility employees, and employees   of either a recognized horseman's organization or licensed   racehorse owners.          SECTION 71.  The following provisions are repealed:                (1)  Sections 22.0834(g), (i), (k), (m), and (n),   Education Code;                (2)  Section 22.08341, Education Code;                (3)  Sections 1104.403, 1104.407, 1104.408, and   1104.410, Estates Code;                (4)  Section 411.110(d), Government Code;                (5)  Section 411.122(c), Government Code;                (6)  Sections 411.1386(a-4), (a-5), (d), (f), and (i),   Government Code; and                (7)  Section 411.13861(f), Government Code.          SECTION 72.  This Act takes effect immediately if it   receives a vote of two-thirds of all the members elected to each   house, as provided by Section 39, Article III, Texas Constitution.   If this Act does not receive the vote necessary for immediate   effect, this Act takes effect September 1, 2023.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 4123 was passed by the House on May 9,   2023, by the following vote:  Yeas 139, Nays 3, 2 present, not   voting; and that the House concurred in Senate amendments to H.B.   No. 4123 on May 26, 2023, by the following vote:  Yeas 140, Nays 0,   1 present, not voting.     ______________________________   Chief Clerk of the House               I certify that H.B. No. 4123 was passed by the Senate, with   amendments, on May 24, 2023, by the following vote:  Yeas 31, Nays   0.     ______________________________   Secretary of the Senate      APPROVED: __________________                   Date                       __________________                 Governor