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