88R18844 MZM-F
	By: Guillen	H.B. No. 4123
	Substitute the following for H.B. No. 4123:
	By:  Holland	C.S.H.B. No. 4123

	A BILL TO BE ENTITLED
	AN ACT
	relating to access to and use of certain criminal history record
	information.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 22.0834, Education Code, is amended by
	amending Subsections (a), (a-1), (b), (c), (d), (e), (f), (h), (l),
	(o), and (p) and adding Subsections (b-1), (d-1), (d-2), and (q) to
	read as follows:
	(a)  Except as provided by Subsection (a-1), this subsection
	applies to a person who is not an applicant for or holder of a
	certificate under Subchapter B, Chapter 21, and who [on or after
	January 1, 2008,] is offered employment by an entity or a
	subcontractor of an entity that contracts with a school district,
	open-enrollment charter school, or shared services arrangement to
	provide services, if:
	(1)  the employee or applicant has or will have
	continuing duties related to the contracted services; and
	(2)  the employee or applicant has or will have direct
	contact with students.
	(a-1)  This section does not apply to an employee or
	applicant of a public works contractor if:
	(1)  the public work does not involve the construction,
	alteration, or repair of an instructional facility as defined by
	Section 46.001;
	(2)  for public work that involves construction of a
	new instructional facility, the person's duties related to the
	contracted services will be completed not later than the seventh
	day before the first date the facility will be used for
	instructional purposes; or
	(3)  for a public work that involves an existing
	instructional facility:
	(A)  the public work area contains sanitary
	facilities and is separated from all areas used by students by a
	secure barrier fence that is not less than six feet in height; and
	(B)  the contracting entity adopts a policy
	prohibiting employees, including subcontracting entity employees,
	from interacting with students or entering areas used by students,
	informs employees of the policy, and enforces the policy at the
	public work area [a contracting entity, subcontracting entity, or
	other person subject to Section 22.08341].
	(b)  If the contracting entity is a qualified school
	contractor, a [A] person to whom Subsection (a) applies must submit
	to a national criminal history record information review by the
	qualified school contractor [under this section] before being
	employed or serving in a capacity described by that subsection.
	(b-1)  If the contracting entity or subcontracting entity is
	not a qualified school contractor, a person to whom Subsection (a)
	applies must submit to a national criminal history record
	information review by the school district, charter school, regional
	education service center, commercial transportation company, or
	education shared services arrangement.
	(c)  Before or immediately after employing or securing the
	services of a person to whom Subsection (a) applies, the qualified
	school contractor or [entity contracting with a] school district,
	open-enrollment charter school, or shared services arrangement
	shall send or ensure that the person sends to the department
	information that is required by the department for obtaining
	national criminal history record information, which may include
	fingerprints and photographs. The department shall obtain the
	person's national criminal history record information and report
	the results through the criminal history clearinghouse as provided
	by Section 411.0845, Government Code.
	(d)  A qualified school contractor or [An entity contracting
	with] a school district, open-enrollment charter school, or shared
	services arrangement shall obtain all criminal history record
	information that relates to a person to whom Subsection (a) applies
	through the criminal history clearinghouse as provided by Section
	411.0845, Government Code. [The entity shall certify to the school
	district that the entity has received all criminal history record
	information relating to a person to whom Subsection (a) applies.]
	(d-1)  A qualified school contractor acting as a contracting
	entity shall require that any of its subcontracting entities obtain
	all criminal history record information that relates to an employee
	to whom Subsection (a) applies if the subcontracting entity is also
	a qualified school contractor.
	(d-2)  A qualified school contractor shall require that any
	of its subcontracting entities that are not qualified school
	contractors comply with Subsection (b-1) as it relates to an
	employee to whom Subsection (a) applies.
	(e)  The requirements of Subsections (b), (d-1), (d-2), and
	(g) do not apply to a qualified school contractor if a [A] school
	district, open-enrollment charter school, or shared services
	arrangement obtains [may obtain] the criminal history record
	information of a person to whom this section applies through the
	criminal history clearinghouse as provided by Section 411.0845,
	Government Code.
	(f)  In the event of an emergency, a school district may
	allow a person to whom Subsection (a) [or (g)] applies to enter
	school district property if the person is accompanied by a district
	employee. A school district may adopt rules regarding an emergency
	situation under this subsection.
	(h)  A school district, open-enrollment charter school, [or]
	shared services arrangement, or qualified school contractor may
	obtain from any law enforcement or criminal justice agency all
	criminal history record information that relates to a person to
	whom this section [Subsection (g)] applies.
	(l)  [A contracting entity shall require that a
	subcontracting entity obtain all criminal history record
	information that relates to an employee to whom Subsection (a)
	applies.] If a contracting or subcontracting entity determines
	that Subsection (a) does not apply to an employee, the contracting
	or subcontracting entity shall make a reasonable effort to ensure
	that the conditions or precautions that resulted in the
	determination that Subsection (a) did not apply to the employee
	continue to exist throughout the time that the contracted services
	are provided.
	(o)  A school district, charter school, regional education
	service center, commercial transportation company, education
	shared services arrangement, or qualified school contractor,
	contracting entity, or subcontracting entity may not permit an
	employee to whom Subsection (a) applies to provide services at a
	school if the employee has been convicted of a felony or misdemeanor
	offense that would prevent a person from being employed under
	Section 22.085(a).
	(p)  In this section:
	(1)  "Contracting entity" means an entity that
	contracts directly with a school district, open-enrollment charter
	school, or shared services arrangement to provide services to the
	school district, open-enrollment charter school, or shared
	services arrangement.
	(2)  "Public works contractor" means an entity that
	contracts directly or subcontracts with an entity that contracts
	with a school district, open-enrollment charter school, or shared
	services arrangement to provide services to the school district,
	open-enrollment charter school, or shared services arrangement.
	(3)  "Qualified school contractor" has the meaning
	assigned by Section 411.12505, Government Code.
	(4)  "Subcontracting entity" means an entity that
	contracts with another entity that is not a school district,
	open-enrollment charter school, or shared services arrangement to
	provide services to a school district, open-enrollment charter
	school, or shared services arrangement.
	(q)  A qualified school contractor shall certify to the
	school district, open-enrollment charter school, or shared
	services arrangement that the entity has received all criminal
	history record information relating to a person to whom Subsection
	(a) applies.
	SECTION 2.  Section 22.0835(f), Education Code, is amended
	to read as follows:
	(f)  A school district, open-enrollment charter school, or
	shared services arrangement may obtain from the department or any
	law enforcement or criminal justice agency all criminal history
	record information that relates to a person to whom Subsection (e)
	applies.
	SECTION 3.  Section 22.085(c), Education Code, is amended to
	read as follows:
	(c)  A school district, open-enrollment charter school, or
	shared services arrangement may not allow a person who is an
	employee of or applicant for employment by a qualified school
	contractor or an entity that contracts with the district, school,
	or shared services arrangement to serve at the district or school or
	for the shared services arrangement if the district, school, or
	shared services arrangement obtains information described by
	Subsection (a) through a criminal history record information review
	concerning the employee or applicant. A school district,
	open-enrollment charter school, or shared services arrangement
	must ensure that an entity that the district, school, or shared
	services arrangement contracts with for services has obtained all
	criminal history record information as required by Section 22.0834
	[or 22.08341].
	SECTION 4.  Section 1104.402(a), Estates Code, is amended to
	read as follows:
	(a)  Except as provided by Section [1104.403,] 1104.404[,]
	or 1104.406(a), the clerk of the county having venue of the
	proceeding for the appointment of a guardian shall obtain criminal
	history record information that is maintained by the Department of
	Public Safety or the Federal Bureau of Investigation identification
	division relating to:
	(1)  a private professional guardian;
	(2)  each person who represents or plans to represent
	the interests of a ward as a guardian on behalf of the private
	professional guardian;
	(3)  each person employed by a private professional
	guardian who will:
	(A)  have personal contact with a ward or proposed
	ward;
	(B)  exercise control over and manage a ward's
	estate; or
	(C)  perform any duties with respect to the
	management of a ward's estate;
	(4)  each person employed by or volunteering or
	contracting with a guardianship program to provide guardianship
	services to a ward of the program on the program's behalf; or
	(5)  any other person proposed to serve as a guardian
	under this title, including a proposed temporary guardian and a
	proposed successor guardian, other than an attorney.
	SECTION 5.  Section 1104.404, Estates Code, is amended to
	read as follows:
	Sec. 1104.404.  EXCEPTION FOR INFORMATION CONCERNING
	CERTAIN PERSONS. (a) The clerk described by Section 1104.402 is
	not required to obtain criminal history record information from the
	Department of Public Safety for a person if the Judicial Branch
	Certification Commission conducted a criminal history check on the
	person under Sections 155.203 and 155.207 [Chapter 155], Government
	Code. However, the clerk shall obtain criminal history record
	information from the Federal Bureau of Investigation
	identification division relating to each person described by
	Section 1104.402 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 under Section
	411.1408, Government Code, for purposes of determining whether an
	applicant is ineligible for certification as a guardian.
	SECTION 6.  Section 1104.405(a), Estates Code, is amended to
	read as follows:
	(a)  Criminal history record information obtained or
	provided under Section 1104.402[, 1104.403,] or 1104.404 is
	privileged and confidential and is for the exclusive use of the
	court. The criminal history record information may not be released
	or otherwise disclosed to any person or agency except on court order
	[or consent of the person being investigated]. The court may use
	the criminal history record information only to determine whether
	to:
	(1)  appoint, remove, or continue the appointment of a
	private professional guardian, a guardianship program, or the
	Health and Human Services Commission; or
	(2)  appoint any other person proposed to serve as a
	guardian under this title, including a proposed temporary guardian
	or a proposed successor guardian, other than an attorney.
	SECTION 7.  Section 14.151(a), Finance Code, is amended to
	read as follows:
	(a)  The commissioner or an assistant commissioner,
	examiner, or other employee of the office shall obtain criminal
	history record information maintained by the Department of Public
	Safety, the Federal Bureau of Investigation Identification
	Division, or another law enforcement agency relating to a person
	described by Section 411.095(a) [411.095(a)(1)], Government Code.
	SECTION 8.  Section 152.203, Government Code, is amended to
	read as follows:
	Sec. 152.203.  RULES ON INELIGIBILITY. The supreme court
	shall by order adopt rules on an applicant's [applicants']
	ineligibility for certification, registration, or licensing under
	this subtitle based on the applicant's [person's] criminal history
	or other information that indicates the applicant [person] lacks
	the honesty, trustworthiness, or integrity to hold the
	certification, registration, or license. The commission shall, in
	accordance with this section and rules adopted by order of the
	United States Supreme Court, obtain criminal history record
	information that is maintained by the Department of Public Safety
	or the Federal Bureau of Investigation identification division on
	each applicant for certification, registration, or licensing under
	this subtitle to be used only for the determination of each
	applicant's ineligibility under rules adopted by United States
	Supreme Court order under this section. The commission may not use
	criminal history record information obtained from the Federal
	Bureau of Investigation identification division under this section
	for any other purpose. The commission may not transfer criminal
	history record information obtained from the Federal Bureau of
	Investigation identification division under this section to any
	other state agency, entity, or person. The commission shall
	destroy criminal history record information immediately after each
	determination of ineligibility is made.
	SECTION 9.  Section 155.205, Government Code, is amended to
	read as follows:
	Sec. 155.205.  DUTY TO OBTAIN CRIMINAL HISTORY RECORD
	INFORMATION. (a) In accordance with Subsection (c) and the rules
	adopted by the supreme court under Section 155.203, the commission
	shall obtain criminal history record information that is maintained
	by the Department of Public Safety. The clerk shall obtain in
	accordance with Subsection (b) criminal history record information
	from [or] the Federal Bureau of Investigation identification
	division relating to an individual seeking appointment as a
	guardian or temporary guardian.
	(b)  The clerk [commission] shall obtain[:
	[(1)]  fingerprint-based criminal history record
	information of a proposed guardian if:
	(1) [(A)]  the liquid assets of the estate of a ward
	exceed $50,000; or
	(2) [(B)]  the proposed guardian is not a resident of
	this state.
	(c)  The commission shall obtain[; or
	[(2)]  name-based criminal history record information
	of a proposed guardian, including any criminal history record
	information under the current name and all former names of the
	proposed guardian, if:
	(1) [(A)]  the liquid assets of the estate of a ward are
	$50,000 or less; and
	(2) [(B)]  the proposed guardian is a resident of this
	state.
	(d)  Each proposed guardian described by Subsection (b)
	shall file with the commission proof of having submitted to a
	fingerprint-based criminal history search.
	SECTION 10.  Section 155.207(a), Government Code, is amended
	to read as follows:
	(a)  The commission shall use the criminal history record
	information obtained under this subchapter only for a purpose
	authorized by this subchapter [or to maintain the registration of a
	guardianship under Subchapter D].
	SECTION 11.  Section 411.082, Government Code, is amended by
	adding Subdivisions (1-a) and (1-b) to read as follows:
	(1-a)  "Applicant" means an individual who submits an
	application for employment, licensure, certification, or
	registration that requires the department to conduct a background
	check using criminal history record information.
	(1-b)  "Application" means an application submitted by
	hard copy or electronically for employment, licensure,
	certification, or registration that requires the department to
	conduct a background check using criminal history record
	information.
	SECTION 12.  Section 411.084(b), Government Code, is amended
	to read as follows:
	(b)  Notwithstanding Subsection (a) or any other provision
	in this subchapter relating to the release or disclosure of such
	information, criminal history record information obtained from the
	Federal Bureau of Investigation may be released or disclosed only
	to a governmental entity or as authorized by federal law and
	regulations, federal executive orders, and federal policy.
	SECTION 13.  Section 411.0891, Government Code, is amended
	by amending Subsections (a), (b), and (d) and adding Subsections
	(a-1) and (e) to read as follows:
	(a)  The [Subject to Section 411.087, the] department may [is
	authorized to] obtain as provided by Subsection (a-1) [and use]
	criminal history record information [maintained by the Federal
	Bureau of Investigation or the department] that relates to a person
	who:
	(1)  is an applicant for or holds a registration issued
	by the director under Subchapter C, Chapter 481, Health and Safety
	Code, that authorizes the person to manufacture, distribute,
	analyze, or conduct research with a controlled substance;
	(2)  is an applicant for or holds a registration issued
	by the department under Chapter 487, Health and Safety Code, to be a
	director, manager, or employee of a dispensing organization, as
	defined by Section 487.001, Health and Safety Code;
	(3)  is an applicant for or holds an authorization
	issued by the department under Section 521.2476, Transportation
	Code, to do business in this state as a vendor of ignition interlock
	devices;
	(4)  is an applicant for or holds certification by the
	department as an inspection station or an inspector under
	Subchapter G, Chapter 548, Transportation Code, holds an inspection
	station or inspector certificate issued under that subchapter, or
	is the owner of an inspection station operating under that chapter;
	[or]
	(5)  is an applicant for or holds a certificate of
	registration issued by the department under Chapter 1956,
	Occupations Code, to act as a metal recycling entity;
	(6)  is an applicant for or holds a license to carry a
	handgun issued by the department under Subchapter H, or is an
	applicant for or holds a certification as an instructor issued by
	the department under this chapter;
	(7)  is an applicant for or holds a capitol access pass
	issued by the department under Section 411.0625; or
	(8)  is an applicant for or holds a license or
	commission issued by the department under Chapter 1702, Occupations
	Code.
	(a-1)  Subject to Section 411.087 and consistent with the
	public policy of this state, the department is entitled to:
	(1)  obtain through the Federal Bureau of Investigation
	criminal history record information maintained or indexed by that
	bureau that pertains to a person described by Subsection (a); and
	(2)  obtain from any other criminal justice agency in
	this state criminal history record information maintained by that
	criminal justice agency that relates to a person described by
	Subsection (a).
	(b)  The department may not release or disclose to any person
	criminal history record information obtained from the Federal
	Bureau of Investigation under Subsection (a-1)(1). The department
	may release or disclose criminal history record information
	obtained [or used] by the department under Subsection (a-1)(2) for
	a purpose described by Subsection (a) to another person or agency
	only:
	(1)  in a criminal proceeding;
	(2)  in a hearing conducted by the department;
	(3)  under an order from a court; or
	(4)  with the consent of the person who is the subject
	of the criminal history record information.
	(d)  The department may require any person for whom the
	department is authorized to obtain [and use] criminal history
	record information [maintained by the Federal Bureau of
	Investigation or the department] under 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)  The department shall destroy criminal history record
	information that is obtained under this section after the
	information is used for its authorized purpose.
	SECTION 14.  Section 411.090, Government Code, is amended by
	amending Subsections (a) and (b) and adding Subsections (a-1), (d),
	and (e) to read as follows:
	(a)  The State Board for Educator Certification is entitled
	to obtain [from the department] any criminal history record
	information as provided by Subsection (a-1) [maintained by the
	department] about a person who has applied to the board for or who
	currently holds a certificate under Subchapter B, Chapter 21,
	Education Code.
	(a-1)  Subject to Section 411.087 and consistent with the
	public policy of this state, the State Board for Educator
	Certification is entitled to:
	(1)  obtain through the Federal Bureau of Investigation
	criminal history record information maintained or indexed by that
	bureau that pertains to a person described by Subsection (a); and
	(2)  obtain from the department or any other criminal
	justice agency in this state criminal history record information
	maintained by the department or that criminal justice agency that
	relates to a person described by Subsection (a).
	(b)  The State Board for Educator Certification may not
	release or disclose to any person criminal history record
	information obtained from the Federal Bureau of Investigation under
	Subsection (a-1)(1). Criminal history record information obtained
	by the board under Subsection (a-1)(2) in the original form or any
	subsequent form:
	(1)  may be used only for a purpose related to the
	issuance, denial, reprimand, suspension, revocation, or
	cancellation of a certificate issued by the board;
	(2)  may not be released to any person except:
	(A)  to the person who is the subject of the
	information;
	(B)  to the Texas Education Agency;
	(C)  to a local or regional educational entity as
	provided by Section 411.097; or
	(D)  by court order; and
	(3)  is not subject to disclosure as provided by
	Chapter 552[; and
	[(4)  shall be destroyed by the board after the
	information is used for the authorized purposes].
	(d)  The State Board for Educator Certification is not
	prohibited from disclosing criminal history record information
	obtained under Subsection (a-1)(2) in a criminal proceeding or in a
	hearing conducted by the Texas Education Agency or State Board for
	Educator Certification.
	(e)  The State Board for Educator Certification shall
	destroy criminal history record information that is obtained under
	this section after the information is used for its authorized
	purpose.
	SECTION 15.  Section 411.0901, Government Code, is amended
	by amending Subsections (a) and (b) and adding Subsections (a-1),
	(c), and (d) to read as follows:
	(a)  The Texas Education Agency is entitled to obtain
	criminal history record information as provided by Subsection (a-1)
	[maintained by the department] about a person who:
	(1)  is employed or is an applicant for employment by a
	school district or open-enrollment charter school;
	(2)  is employed or is an applicant for employment by a
	shared services arrangement, if the employee's or applicant's
	duties are or will be performed on school property or at another
	location where students are regularly present; [or]
	(3)  is employed or is an applicant for employment by an
	entity that contracts or subcontracts with a school district,
	open-enrollment charter school, or shared services arrangement, if
	the applicant or employee has or will have:
	(A)  continuing duties related to the contracted
	or subcontracted services; and
	(B)  direct contact with students;
	(4)  is employed or is an applicant for employment by
	the Texas Education Agency;
	(5)  is subject to placement on the registry of persons
	not eligible for employment in public schools under Section 22.092,
	Education Code; or
	(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 [if:
	[(A)  the employee or applicant has or will have
	continuing duties relating to the contracted services; and
	[(B)  the employee or applicant has or will have
	direct contact with students].
	(a-1)  Subject to Section 411.087 and consistent with the
	public policy of this state, the Texas Education Agency is entitled
	to:
	(1)  obtain through the Federal Bureau of Investigation
	criminal history record information maintained or indexed by that
	bureau that pertains to a person described by Subsection (a); and
	(2)  obtain from the department or any other criminal
	justice agency in this state criminal history record information
	maintained by the department or that criminal justice agency that
	relates to a person described by Subsection (a).
	(b)  The Texas Education Agency may not release or disclose
	to any person criminal history record information obtained from the
	Federal Bureau of Investigation under Subsection (a-1)(1).
	Criminal history record information obtained by the agency under
	Subsection (a-1)(2) in the original form or any subsequent form:
	(1)  may be used only for a purpose authorized by the
	Education Code;
	(2)  may not be released to any person except:
	(A)  the person who is the subject of the
	information;
	(B)  the State Board for Educator Certification;
	(C)  a local or regional educational entity as
	provided by Section 411.097; or
	(D)  by court order; and
	(3)  is not subject to disclosure as provided by
	Chapter 552[; and
	[(4)  shall be destroyed by the agency after the
	information is used for the authorized purposes].
	(c)  The Texas Education Agency is not prohibited from
	disclosing criminal history record information obtained under
	Subsection (a-1)(2) in a criminal proceeding or in a hearing
	conducted by the Texas Education Agency or State Board for Educator
	Certification.
	(d)  The Texas Education Agency shall destroy criminal
	history record information that is obtained under this section
	after the information is used for its authorized purpose.
	SECTION 16.  Section 411.093, Government Code, is amended to
	read as follows:
	Sec. 411.093.  ACCESS TO CRIMINAL HISTORY RECORD
	INFORMATION: TEXAS DEPARTMENT OF LICENSING AND REGULATION. (a)
	The Texas Department of Licensing and Regulation is entitled to
	obtain [from the department] criminal history record information as
	provided by Subsection (b) [maintained the department] that
	relates to [a person who is]:
	(1)  an applicant for or the holder of:
	(A)  a driver education instructor license under
	Chapter 1001, Education Code;
	(B)  a license under Chapter 202, Occupations
	Code;
	(C)  a license under Chapter 401, Occupations
	Code; or
	(D)  a license under Chapter 402, Occupations Code
	[a license, certificate, registration, title, or permit issued by
	the department]; [or]
	(2)  a person who is:
	(A)  an applicant for or the holder of a license
	under Chapter 91, Labor Code; or
	(B)  a controlling person, as defined by Chapter
	91, Labor Code, of an entity described by Paragraph (A); or
	(3)  a person who:
	(A)  is an applicant for or the holder of a license
	under Chapter 455, Occupations Code; or
	(B)  has an interest described under Section
	455.1525(e), Occupations Code, in an entity described by Paragraph
	(A)[, certificate, registration, title, or permit issued by the
	department].
	(b)  Subject to Section 411.087 and consistent with the
	public policy of this state, the Texas Department of Licensing and
	Regulation is entitled to:
	(1)  obtain through the Federal Bureau of Investigation
	criminal history record information maintained or indexed by that
	bureau that pertains to a person described by Subsection (a); and
	(2)  obtain from the department or any other criminal
	justice agency in this state criminal history record information
	maintained by the department or that criminal justice agency that
	relates to a person described by Subsection (a).
	(c)  The Texas Department of Licensing and Regulation may not
	release or disclose to any person criminal history record
	information obtained from the Federal Bureau of Investigation under
	Subsection (b)(1). Criminal history record information obtained by
	the Texas Department of Licensing and Regulation under Subsection
	(b)(2) may not be released or disclosed to any person except on
	court order, with the written consent of the person who is the
	subject of the criminal history record information, or as provided
	by Subsection (d).
	(d)  The Texas Department of Licensing and Regulation is not
	prohibited from disclosing criminal history record information
	obtained under Subsection (b)(2) in a criminal proceeding or in a
	hearing conducted by the Texas Department of Licensing and
	Regulation or the State Office of Administrative Hearings, as
	applicable.
	(e)  The Texas Department of Licensing and Regulation shall
	destroy criminal history record information that is obtained under
	this section after the information is used for its authorized
	purpose.
	SECTION 17.  Section 411.095, Government Code, is amended to
	read as follows:
	Sec. 411.095.  ACCESS TO CRIMINAL HISTORY RECORD
	INFORMATION: CONSUMER CREDIT COMMISSIONER. (a) The consumer
	credit commissioner is entitled to obtain [from the department]
	criminal history record information as provided by Subsection (a-1)
	that relates to a person who is:
	(1)  an applicant for or holder of a license or
	registration under Chapter 180, 342, 347, 348, 351, 353, 371, 393,
	or 394, Finance Code;
	(2)  an employee of or volunteer with the Office of
	Consumer Credit Commissioner;
	(3)  an applicant for employment with the Office of
	Consumer Credit Commissioner; [or]
	(4)  a contractor or subcontractor of the Office of
	Consumer Credit Commissioner; or
	(5)  an officer, director, owner, or employee of a
	person described by Subdivision (1) or another person having a
	substantial relationship with that person under Chapter 180, 342,
	347, 348, 351, 353, 371, 393, or 394, Finance Code.
	(a-1)  Subject to Section 411.087 and consistent with the
	public policy of this state, the consumer credit commissioner is
	entitled to:
	(1)  obtain through the Federal Bureau of Investigation
	criminal history record information maintained or indexed by that
	bureau that pertains to a person described by Subsection (a); and
	(2)  obtain from the department or any other criminal
	justice agency in this state criminal history record information
	maintained by the department or that criminal justice agency that
	relates to a person described by Subsection (a).
	(b)  The consumer credit commissioner may not release or
	disclose to any person criminal history record information obtained
	from the Federal Bureau of Investigation under Subsection (a-1)(1).
	The consumer credit commissioner may not release or disclose
	criminal history record information obtained under Subsection
	(a-1)(2) [this section] unless:
	(1)  [the information is obtained from a
	fingerprint-based search; and
	[(2)  the information is released or disclosed:
	[(A)]  on court order;
	(2) [(B)]  to the person who is the subject of the
	criminal history record information; [or]
	(3) [(C)]  with the consent of the person who is the
	subject of the criminal history record information; or
	(4)  in a hearing where the Office of Consumer Credit
	Commissioner is a party.
	(c)  The consumer credit commissioner shall destroy criminal
	history record information that is obtained under this section
	after the information is used for its authorized purpose.
	SECTION 18.  Section 411.096, Government Code, is amended to
	read as follows:
	Sec. 411.096.  ACCESS TO CRIMINAL HISTORY RECORD
	INFORMATION: TEXAS RACING COMMISSION. (a) The Texas Racing
	Commission is entitled to obtain as provided by Subsection (a-1)
	[from the department] criminal history record information
	[maintained by the department] that relates [pertains] to [a person
	who is]:
	(1)  a person who:
	(A)  is an applicant for or the holder of a license
	or certificate under Chapter 2025, Occupations Code;
	(B)  is an owner or manager of an applicant or
	license holder described by Paragraph (A); or
	(C)  has an interest described under Chapter 2025,
	Occupations Code, in an entity described by that chapter;
	(2)  an applicant for employment at or current employee
	of:
	(A)  the Texas Racing Commission; or
	(B)  a place of employment within the racing
	industry of this state; or
	(3)  an applicant for employment at, current employee
	of, or person who contracts or may contract to provide goods or
	services with the Texas Racing Commission [appointed to the
	commission;
	[(2)  an applicant for employment by the commission; or
	[(3)  an applicant for a license under Subtitle A-1,
	Title 13, Occupations Code (Texas Racing Act)].
	(a-1)  Subject to Section 411.087 and consistent with the
	public policy of this state, the Texas Racing Commission is
	entitled to:
	(1)  obtain through the Federal Bureau of Investigation
	criminal history record information maintained or indexed by that
	bureau that pertains to a person described by Subsection (a); and
	(2)  obtain from the department or any other criminal
	justice agency in this state criminal history record information
	maintained by the department or that criminal justice agency that
	relates to a person described by Subsection (a).
	(b)  The Texas Racing Commission may not release or disclose
	to any person criminal history record information obtained from the
	Federal Bureau of Investigation under Subsection (a-1)(1).
	Criminal history record information obtained by the Texas Racing
	Commission [commission] under Subsection (a-1)(2) [(a)] may not be
	released or disclosed to any person except [in a criminal
	proceeding, in a hearing conducted by the commission,] on court
	order, [or] with the written consent of the person who is the
	subject of the criminal history record information, or as provided
	by Subsection (c) [applicant].
	(c)  The Texas Racing Commission is not prohibited from
	disclosing criminal history record information obtained under
	Subsection (a-1)(1) in a criminal proceeding or in a hearing
	conducted by the Texas Racing Commission or the State Office of
	Administrative Hearings, as applicable.
	(d)  The Texas Racing Commission shall destroy criminal
	history record information that is obtained under this section
	after the information is used for its authorized purpose.
	SECTION 19.  Section 411.097, Government Code, is amended by
	amending Subsections (a), (b), (c), and (d) and adding Subsections
	(c-1), (g), and (h) to read as follows:
	(a)  A school district, charter school, private school,
	regional education service center, commercial transportation
	company, or education shared services arrangement, or an entity
	that contracts to provide services to a school district, charter
	school, or shared services arrangement, is entitled to obtain [from
	the department] criminal history record information as provided by
	Subsection (c-1) [maintained by the department] that the district,
	school, service center, shared services arrangement, or entity is
	required or authorized to obtain under Subchapter C, Chapter 22,
	Education Code, that relates to a person who is:
	(1)  an applicant for employment by the district,
	school, service center, or shared services arrangement;
	(2)  an employee of or an applicant for employment with
	a public or commercial transportation company that contracts with
	the district, school, service center, or shared services
	arrangement to provide transportation services if the employee
	drives or the applicant will drive a bus in which students are
	transported or is employed or is seeking employment as a bus monitor
	or bus aide on a bus in which students are transported; [or]
	(3)  an employee of or applicant for employment by an
	entity that contracts to provide services to a school district,
	charter school, or shared services arrangement as provided by
	Section 22.0834 [or 22.08341], Education Code;
	(4)  an employee of or applicant for employment by a
	subcontractor of an entity that contracts to provide services to a
	school district, charter school, or shared services arrangement as
	provided by Section 22.0834, Education Code; or
	(5)  a tutor who provides services on behalf of a
	service provider that offers accelerated or supplemental
	instruction under Section 28.0211, Education Code.
	(b)  A school district, charter school, private school,
	regional education service center, or education shared services
	arrangement is entitled to obtain [from the department] criminal
	history record information as provided by Subsection (c-1)
	[maintained by the department] that the district, school, service
	center, or shared services arrangement is required or authorized to
	obtain under Subchapter C, Chapter 22, Education Code, that relates
	to a person who is a volunteer, student teacher, or employee of the
	district, school, service center, or shared services arrangement.
	(c)  An open-enrollment charter school is entitled to obtain
	[from the department] criminal history record information as
	provided by Subsection (c-1) [maintained by the department] that
	relates to a person who:
	(1)  is a member of the governing body of the school, as
	defined by Section 12.1012, Education Code; or
	(2)  has agreed to serve as a member of the governing
	body of the school.
	(c-1)  Subject to Section 411.087 and consistent with the
	public policy of this state, a school district, charter school,
	private school, regional education service center, commercial
	transportation company, or education shared services arrangement,
	or an entity that contracts to provide services to a school
	district, charter school, or shared services arrangement, is
	entitled to:
	(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), (b),
	or (c), as applicable; and
	(2)  obtain from the department or any other criminal
	justice agency in this state criminal history record information
	maintained by the department or that criminal justice agency that
	relates to a person described by Subsection (a), (b), or (c), as
	applicable.
	(d)  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 not release or disclose
	to any person criminal history record information obtained from the
	Federal Bureau of Investigation under Subsection (c-1)(1).
	Criminal history record information obtained by a school district,
	charter school, private school, service center, commercial
	transportation company, or shared services arrangement, or
	obtained by an entity that contracts to provide services to a school
	district, charter school, or shared services arrangement, under
	Subsection (c-1)(2) in the original form or any subsequent form:
	(1)  may not be released to any person except:
	(A)  the individual who is the subject of the
	information;
	(B)  the Texas Education Agency;
	(C)  the State Board for Educator Certification;
	(D)  the chief personnel officer of the
	transportation company, if the information is obtained under
	Subsection (a)(2); or
	(E)  by court order; and
	(2)  is not subject to disclosure as provided by
	Chapter 552[; and
	[(3)  shall be destroyed by the school district,
	charter school, private school, service center, commercial
	transportation company, or shared services arrangement on the
	earlier of:
	[(A)  the first anniversary of the date the
	information was originally obtained; or
	[(B)  the date the information is used for the
	authorized purpose].
	(g)  A school district, charter school, private school,
	regional education service center, commercial transportation
	company, or education shared services arrangement or an entity that
	contracts to provide services to a school district, charter school,
	or shared services arrangement, as applicable, is not prohibited
	from disclosing criminal history record information obtained under
	Subsection (c-1)(2) in a criminal proceeding or in a hearing
	conducted by the Texas Education Agency or State Board for Educator
	Certification.
	(h)  A school district, charter school, private school,
	regional education service center, commercial transportation
	company, or education shared services arrangement or an entity that
	contracts to provide services to a school district, charter school,
	or shared services arrangement, as applicable, shall destroy
	criminal history record information that is obtained under this
	section after the information is used for its authorized purpose.
	SECTION 20.  Section 411.0995, Government Code, is amended
	to read as follows:
	Sec. 411.0995.  ACCESS TO CRIMINAL HISTORY RECORD
	INFORMATION: STATE BOARD OF VETERINARY MEDICAL EXAMINERS. (a) The
	State Board of Veterinary Medical Examiners is entitled to obtain
	[from the department] criminal history record information as
	provided by Subsection (b) [maintained by the department] that
	relates to a license under Chapter 801, Occupations Code, for a
	person who is:
	(1)  an applicant for:
	(A)  a license, temporary license, or special
	license to practice veterinary medicine;
	(B)  a veterinary technician license; or
	(C)  an equine dental provider license; or
	(2)  a holder of a license described by Subdivision
	(1)(A), (B), or (C) [(1)  an applicant for a license to practice
	equine dentistry under Chapter 801, Occupations Code; or
	[(2)  the holder of a license under that chapter].
	(b)  Subject to Section 411.087 and consistent with the
	public policy of this state, the State Board of Veterinary Medical
	Examiners is entitled to:
	(1)  obtain through the Federal Bureau of Investigation
	criminal history record information maintained or indexed by that
	bureau that pertains to a person described by Subsection (a); and
	(2)  obtain from the department or any other criminal
	justice agency in this state criminal history record information
	maintained by the department or that criminal justice agency that
	relates to a person described by Subsection (a).
	(c)  The State Board of Veterinary Medical Examiners may not
	release or disclose to any person criminal history record
	information obtained from the Federal Bureau of Investigation under
	Subsection (b)(1). Criminal history record information obtained by
	the State Board of Veterinary Medical Examiners under Subsection
	(b)(2) may not be released or disclosed to any person except on
	court order, with the written consent of the person who is the
	subject of the criminal history record information, or as provided
	by Subsection (d).
	(d)  The State Board of Veterinary Medical Examiners is not
	prohibited from disclosing criminal history record information
	obtained under Subsection (b)(2) in a criminal proceeding or in a
	hearing conducted by the State Board of Veterinary Medical
	Examiners.
	(e)  The State Board of Veterinary Medical Examiners shall
	destroy criminal history record information that is obtained under
	this section after the information is used for its authorized
	purpose.
	SECTION 21.  Section 411.105, Government Code, is amended to
	read as follows:
	Sec. 411.105.  ACCESS TO CRIMINAL HISTORY RECORD
	INFORMATION: TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY. (a) The
	Texas State Board of Public Accountancy is entitled to obtain [from
	the department] criminal history record information as provided by
	Subsection (b) [maintained by the department] that relates to [a
	person who is]:
	(1)  an applicant for a license or certification as a
	certified public accountant under Chapter 901, Occupations Code;
	[or]
	(2)  an applicant to take the uniform certified public
	accountant [CPA] examination under Chapter 901, Occupations Code;
	(3)  an applicant for reinstatement of a license or
	certificate under Chapter 901, Occupations Code;
	(4)  an applicant for a license or certification
	renewal under Chapter 901, Occupations Code; or
	(5)  an owner or an individual who seeks to become an
	owner of a certified public accountancy firm if the owner or
	prospective owner is not a license holder under Chapter 901,
	Occupations Code [that Act].
	(b)  Subject to Section 411.087 of this code and Section
	901.169, Occupations Code, and consistent with the public policy of
	this state, the Texas State Board of Public Accountancy is entitled
	to:
	(1)  obtain through the Federal Bureau of Investigation
	criminal history record information maintained or indexed by that
	bureau that pertains to a person described by Subsection (a); and
	(2)  obtain from the department or any other criminal
	justice agency in this state criminal history record information
	maintained by the department or that criminal justice agency that
	relates to a person described by Subsection (a).
	(c)  The Texas State Board of Public Accountancy may not
	release or disclose to any person criminal history record
	information obtained from the Federal Bureau of Investigation under
	Subsection (b)(1). Criminal history record information obtained by
	the board under Subsection (b)(2) may not be released or disclosed
	to any person except on court order, with the written consent of the
	person who is the subject of the criminal history record
	information, or as provided by Subsection (d).
	(d)  The board is not prohibited from disclosing criminal
	history record information obtained under Subsection (b)(2) in a
	criminal proceeding or in a hearing conducted by or on behalf of the
	board.
	(e)  The board shall destroy criminal history record
	information that is obtained under this section after the
	information is used for its authorized purpose.
	SECTION 22.  Section 411.106, Government Code, is amended to
	read as follows:
	Sec. 411.106.  ACCESS TO CRIMINAL HISTORY RECORD
	INFORMATION: TEXAS DEPARTMENT OF INSURANCE. (a) The Texas
	Department of Insurance [for good cause shown] is entitled to
	obtain [from the department] criminal history record information as
	provided by Subsection (a-1) [maintained by the department] that
	relates to a person who is:
	(1)  an applicant for a license, permit, certificate of
	authority, certificate of registration, or other authorization
	issued by the Texas Department [State Board] of Insurance to engage
	in an activity regulated under the Insurance Code; or
	(2)  a corporate officer or director of an insurance
	company regulated by the Texas Department of Insurance.
	(a-1)  Subject to Section 411.087 and consistent with the
	public policy of this state, the Texas Department of Insurance is
	entitled to:
	(1)  obtain through the Federal Bureau of Investigation
	criminal history record information maintained or indexed by that
	bureau that pertains to a person described by Subsection (a); and
	(2)  obtain from the department or any other criminal
	justice agency in this state criminal history record information
	maintained by the department or that criminal justice agency that
	relates to a person described by Subsection (a).
	(b)  The Texas Department of Insurance may not release or
	disclose to any person criminal history record information obtained
	from the Federal Bureau of Investigation under Subsection (a-1)(1).
	Criminal history record information obtained by the Texas
	Department of Insurance under Subsection (a-1)(2) [(a)] may not be
	disclosed or released to any person except on court order, [or] with
	the written consent of the person who is the subject of the criminal
	history record information, or as provided by Subsection (b-1).
	(b-1)  The Texas Department of Insurance is not prohibited
	from disclosing criminal history record information obtained under
	Subsection (d)(2) in a criminal proceeding or in a hearing
	conducted by the Texas Department of Insurance.
	(c)  The [After the] Texas Department of Insurance [makes a
	determination as to the issuance of a license or certificate of
	authority to an applicant, the Texas Department of Insurance] shall
	destroy [seal the] criminal history record information that is
	obtained under this section after the information is used for its
	authorized purpose [regarding the applicant and shall deliver the
	information to the commissioner of insurance or the commissioner's
	designee, who shall maintain the information as provided by State
	Board of Insurance rule].
	SECTION 23.  Section 411.107, Government Code, is amended to
	read as follows:
	Sec. 411.107.  ACCESS TO CRIMINAL HISTORY RECORD
	INFORMATION: RECEIVER. (a) In this section, "receiver" has the
	meaning assigned by Section 443.004 [Article 21.28], Insurance
	Code.
	(b)  A receiver is entitled to obtain [from the department]
	criminal history record information as provided by Subsection (b-1)
	[maintained by the department] that relates to a person:
	(1)  who is a creditor or claimant of the receivership
	estate; or
	(2)  against whom the receivership estate has a claim
	[the receiver believes is necessary for the investigation of any
	matter relating to a receivership estate].
	(b-1)  Subject to Section 411.087 and consistent with the
	public policy of this state, a receiver is entitled to:
	(1)  obtain through the Federal Bureau of Investigation
	criminal history record information maintained or indexed by that
	bureau that pertains to a person described by Subsection (b); and
	(2)  obtain from the department or any other criminal
	justice agency in this state criminal history record information
	maintained by the department or that criminal justice agency that
	relates to a person described by Subsection (b).
	(c)  The receiver may not release or disclose to any person
	criminal history record information obtained from the Federal
	Bureau of Investigation under Subsection (b-1)(1). Criminal
	history record information obtained by a receiver under Subsection
	(b-1)(2) [(b)] may not be released or disclosed to any person except
	on court order or with the written consent of the person who is the
	subject of the criminal history record information.
	(d)  A receiver shall [may] destroy criminal history record
	information obtained by the receiver under this section [Subsection
	(b)] after the purpose for which the information was obtained is
	accomplished.
	SECTION 24.  Section 411.108, Government Code, is amended by
	amending Subsections (a), (a-1), (b), and (c) and adding
	Subsections (a-2), (d), and (e) to read as follows:
	(a)  The Texas Lottery Commission is entitled to obtain [from
	the department] criminal history record information as provided by
	Subsection (a-2) [maintained by the department] that relates to a
	person who, under Section 466.201 [under Chapter 466], is:
	(1)  a sales agent or an applicant for a sales agent
	license;
	(2)  a person required to be named in a license
	application;
	(3)  a lottery operator or prospective lottery operator
	who has submitted a written proposal to the commission in
	connection with the procurement of lottery operations and services
	by the commission;
	(4)  an employee of a lottery operator or prospective
	lottery operator, if the employee is or will be directly involved in
	lottery operations;
	(5)  a person who manufactures or distributes lottery
	equipment or supplies or a representative of a person who
	manufactures or distributes lottery equipment or supplies offered
	to the lottery;
	(6)  a person who has submitted a written bid or
	proposal to the commission in connection with the procurement of
	goods or services by the commission, if the amount of the bid or
	proposal exceeds $500;
	(7)  an employee or other person who works for or will
	work for a sales agent or an applicant for a sales agent license;
	(8)  a person who proposes to enter into or who has a
	contract with the commission to supply goods or services to the
	commission;
	(9)  if a person described in Subdivisions (1) through
	(8) of this section is not an individual, an individual who:
	(A)  is an officer or director of the person;
	(B)  holds more than 10 percent of the stock in the
	person;
	(C)  holds an equitable interest greater than 10
	percent in the person;
	(D)  is a creditor of the person who holds more
	than 10 percent of the person's outstanding debt;
	(E)  is the owner or lessee of a business that the
	person conducts or through which the person will conduct
	lottery-related activities;
	(F)  shares or will share in the profits, other
	than stock dividends, of the person;
	(G)  participates in managing the affairs of the
	person; or
	(H)  is an employee of the person who is or will be
	involved in:
	(i)  selling tickets; or
	(ii)  handling money from the sale of
	tickets;
	(10)  the executive director or a prospective executive
	director of the commission;
	(11)  an employee or prospective employee of the
	commission; or
	(12)  a sales agent whose license is renewed under
	Section 466.158.
	(a-1)  The Texas Lottery Commission is entitled to obtain
	[from the department] criminal history record information as
	provided by Subsection (a-2) [maintained by the department] that
	relates to a person licensed under Chapter 2001, Occupations Code,
	or described by Section 2001.3025, Occupations Code.
	(a-2)  Subject to Sections 411.087, 466.201, and 467.036(b)
	of this code and Section 2001.3025, Occupations Code, and
	consistent with the public policy of this state, the Texas Lottery
	Commission is entitled to:
	(1)  obtain through the Federal Bureau of Investigation
	criminal history record information maintained or indexed by that
	bureau that pertains to a person described by Subsection (a); and
	(2)  obtain from the department or any other criminal
	justice agency in this state criminal history record information
	maintained by the department or that criminal justice agency that
	relates to a person described by Subsection (a).
	(b)  The Texas Lottery Commission may not release or disclose
	to any person criminal history record information obtained from the
	Federal Bureau of Investigation under Subsection (a-2)(1).
	Criminal history record information obtained by the commission
	under Subsection (a-2)(2) [(a) or (a-1)] may not be released or
	disclosed to any person except on court order, with the written
	consent of the person who is the subject of the criminal history
	record information, or as provided by Subsection (c).
	(c)  The commission is not prohibited from disclosing to the
	person who is the subject of the criminal history record
	information obtained under Subsection (a-2)(2) the dates and places
	of arrests, offenses, and dispositions contained in the [criminal
	history record] information.
	(d)  The Texas Lottery Commission is not prohibited from
	disclosing criminal history record information obtained under
	Subsection (a-2)(2) in a criminal proceeding or in a hearing
	conducted by the State Office of Administrative Hearings.
	(e)  The commission shall destroy criminal history record
	information that is obtained under this section after the
	information is used for its authorized purpose.
	SECTION 25.  Section 411.109, Government Code, is amended by
	amending Subsections (a), (b), and (d) and adding Subsections (c),
	(f), and (g) to read as follows:
	(a)  The comptroller is entitled to obtain [from the
	department] criminal history record information as provided by
	Subsection (c) [maintained by the department] that the comptroller
	believes is necessary for the enforcement or administration of
	Chapter 103, Civil Practice and Remedies Code, or Chapter 151, 152,
	154, 155, or 162, Tax Code, including criminal history record
	information that relates to a person who is:
	(1)  an applicant for a permit under any of those
	chapters;
	(2)  a permit holder under any of those chapters;
	(3)  an officer, director, stockholder owning 10
	percent or more of the outstanding stock, partner, owner, or
	managing employee of an applicant or permit holder under any of
	those chapters that is a corporation, association, joint venture,
	syndicate, partnership, or proprietorship;
	(4)  believed to have violated any of those chapters;
	(5)  being considered by the comptroller for employment
	as a peace officer; or
	(6)  receiving, scheduled to receive, or applying to
	receive compensation under Chapter 103, Civil Practice and Remedies
	Code.
	(b)  The comptroller is entitled to obtain [from the
	department] criminal history record information as provided by
	Subsection (c)  [maintained by the department] that relates to a
	person who is an employee, intern, learner, trainee, contractor,
	subcontractor, apprentice, or volunteer of, or who is an applicant
	for employment or service in one of those capacities with, the
	comptroller's office in a position that involves:
	(1)  handling currency, checks, or other funds;
	(2)  having access to taxpayer account information;
	(3)  working in a location designated by the
	comptroller as a security-sensitive area; [or]
	(4)  performing financial management duties designated
	by the comptroller as security sensitive;
	(5)  performing work on a computer system; or
	(6)  having remote access to comptroller computer
	systems, information technology, or information technology
	resources.
	(c)  Subject to Section 411.087 and consistent with the
	public policy of this state, the comptroller is entitled to:
	(1)  obtain through the Federal Bureau of Investigation
	criminal history record information maintained or indexed by that
	bureau that pertains to a person described by Subsection (a) or (b);
	and
	(2)  obtain from the department or any other criminal
	justice agency in this state criminal history record information
	maintained by the department or that criminal justice agency that
	relates to a person described by Subsection (a) or (b).
	(d)  The comptroller may not release or disclose to any
	person criminal history record information obtained from the
	Federal Bureau of Investigation under Subsection (c)(1). Criminal
	history record information obtained by the comptroller under
	Subsection (c)(2) [Subsections (a), (b), and (c)] may not be
	released or disclosed to any person except on court order, with the
	written consent of the person who is the subject of the criminal
	history record information, or as provided by Subsection (e) or
	(f).
	(f)  The comptroller is not prohibited from disclosing
	criminal history record information obtained under Subsection
	(c)(2) in a criminal proceeding or in a hearing conducted by the
	comptroller.
	(g)  The comptroller shall destroy criminal history record
	information that is obtained under this section after the
	information is used for its authorized purpose.
	SECTION 26.  Section 411.110, Government Code, is amended by
	amending Subsections (a), (b), (c), and (e) and adding Subsection
	(a-1) to read as follows:
	(a)  The Department of State Health Services and the Health
	and Human Services Commission are entitled to obtain [from the
	department] criminal history record information as provided by
	Subsection (a-1) [maintained by the department] that relates to a
	person required to be fingerprinted who is:
	(1)  [a person who is:
	[(A)]  an applicant for a license or certificate
	under Chapter 773, Health and Safety Code, [the Emergency Health
	Care Act (Chapter 773, Health and Safety Code);]
	[(B)]  an owner or manager of an applicant for an
	emergency medical services provider license under that chapter,
	[Act;] or
	[(C)]  the holder of a license or certificate
	under that chapter [Act];
	(2)  an applicant for a license or a license holder
	under Subchapter I, L, or [Subchapter] N, Chapter 431, Health and
	Safety Code;
	(3)  an applicant for employment at or current employee
	of:
	(A)  a public health hospital as defined by
	Section 13.033, Health and Safety Code; or
	(B)  the South Texas Health Care System;
	(4)  an applicant for employment at, current employee
	of, or person who contracts or may contract to provide goods or
	services with the Council on Sex Offender Treatment or other
	division or component of the Health and Human Services Commission
	that monitors sexually violent predators as described by Section
	841.003(a), Health and Safety Code; [or]
	(5)  [a person] authorized to access vital records or
	the vital records electronic registration system under Chapter 191,
	Health and Safety Code, including an employee of or contractor for
	the Department of State Health Services, a local registrar, a
	medical professional, or a funeral director; or
	(6)  an applicant for a license or a license holder
	under Subchapter C, Chapter 443, Health and Safety Code.
	(a-1)  Subject to Section 411.087 and consistent with the
	public policy of this state, the Department of State Health
	Services and the Health and Human Services Commission are entitled
	to:
	(1)  obtain through the Federal Bureau of Investigation
	criminal history record information maintained or indexed by that
	bureau that pertains to a person described by Subsection (a); and
	(2)  obtain from the department or any other criminal
	justice agency in this state criminal history record information
	maintained by the department or that criminal justice agency that
	relates to a person described by Subsection (a).
	(b)  The Department of State Health Services or the Health
	and Human Services Commission, as applicable, may not release or
	disclose to any person criminal history record information obtained
	from the Federal Bureau of Investigation under Subsection
	(a-1)(1).  Criminal history record information obtained by the
	Department of State Health Services or the Health and Human
	Services Commission under Subsection (a-1)(2) [(a)] may not be
	released or disclosed to any person except:
	(1)  on court order;
	(2)  [,] with the written consent of the person who [or
	entity that] is the subject of the criminal history record
	information;
	(3)  between the Department of State Health Services
	and the Health and Human Services Commission to share with the other
	agency information obtained under this section for the purposes
	authorized by this section; or
	(4)  [, or] as provided by Subsection (e).
	(c)  The  [After an entity is licensed or certified, the]
	Department of State Health Services or the Health and Human
	Services Commission, as applicable, shall destroy the criminal
	history record information that is obtained under this section
	after the information is used for its authorized purpose [relates
	to that entity. The Department of State Health Services or the
	Health and Human Services Commission, as applicable, shall destroy
	the criminal history record information that relates to:
	[(1)  an applicant for employment after that applicant
	is employed or, for an applicant who is not employed, after the
	check of the criminal history record information on that applicant
	is completed; or
	[(2)  an employee or contractor after the check of the
	criminal history record information on that employee or contractor
	is completed].
	(e)  The Department of State Health Services or the Health
	and Human Services Commission, as applicable, is not prohibited
	from disclosing criminal history record information obtained under
	Subsection (a-1)(2) [(a)] in a criminal proceeding or in a hearing
	conducted by the Department of State Health Services or the Health
	and Human Services Commission, as applicable.
	SECTION 27.  Section 411.1103, Government Code, is amended
	to read as follows:
	Sec. 411.1103.  ACCESS TO CRIMINAL HISTORY RECORD
	INFORMATION: [DEPARTMENT OF STATE HEALTH SERVICES AND] HEALTH AND
	HUMAN SERVICES COMMISSION. (a) The [Department of State Health
	Services and the] Health and Human Services Commission is [are]
	entitled to obtain [from the department] criminal history record
	information as provided by Subsection (d) [maintained by the
	department] that relates to a person required to be fingerprinted:
	(1)  who is:
	(A)  an applicant for employment at a state
	hospital established under Chapter 552, Health and Safety Code;
	(B)  an employee of a state hospital established
	under Chapter 552, Health and Safety Code;
	(C)  a person who contracts or may contract to
	provide goods or services to the [Department of State Health
	Services or the] Health and Human Services Commission, as
	applicable, at a state hospital established under Chapter 552,
	Health and Safety Code, or an employee of or applicant for
	employment with that person;
	(D)  a volunteer with a state hospital established
	under Chapter 552, Health and Safety Code; or
	(E)  an applicant for a volunteer position with a
	state hospital established under Chapter 552, Health and Safety
	Code; and
	(2)  who would be placed in direct contact with a
	patient at a state hospital established under Chapter 552, Health
	and Safety Code.
	(b)  The Health and Human Services Commission may not release
	or disclose to any person criminal history record information
	obtained from the Federal Bureau of Investigation under Subsection
	(d)(1). Criminal history record information obtained by the
	[Department of State Health Services or the] Health and Human
	Services Commission under Subsection (d)(2) [this section] may not
	be released or disclosed to any person except:
	(1)  on court order;
	(2)  with the consent of the person who is the subject
	of the criminal history record information;
	(3)  for purposes of an administrative hearing held by
	the [Department of State Health Services or the] Health and Human
	Services Commission[, as applicable,] concerning the person who is
	the subject of the criminal history record information; or
	(4)  as provided by Subsection (c).
	(c)  The [Department of State Health Services or the] Health
	and Human Services Commission is not prohibited from releasing
	criminal history record information obtained under Subsection
	(d)(2) [this section] to the person who is the subject of the
	criminal history record information.
	(d)  Subject to Section 411.087 and consistent with the
	public policy of this state, the [Department of State Health
	Services and the] Health and Human Services Commission is [are]
	entitled to:
	(1)  obtain through the Federal Bureau of Investigation
	criminal history record information maintained or indexed by that
	bureau that pertains to a person described by Subsection (a); and
	(2)  obtain from the department or any other criminal
	justice agency in this state criminal history record information
	maintained by the department or that criminal justice agency that
	relates to a person described by Subsection (a).
	(e)  This section does not prohibit the [Department of State
	Health Services or the] Health and Human Services Commission from
	obtaining and using criminal history record information as provided
	by other law.
	(f)  The Health and Human Services Commission shall destroy
	criminal history record information that is obtained under this
	section after the information is used for its authorized purpose.
	SECTION 28.  Section 411.1105, Government Code, is amended
	to read as follows:
	Sec. 411.1105.  ACCESS TO CRIMINAL HISTORY RECORD
	INFORMATION: [DEPARTMENT OF STATE HEALTH SERVICES AND] HEALTH AND
	HUMAN SERVICES COMMISSION. (a) The [Department of State Health
	Services and the] Health and Human Services Commission is [are]
	entitled to obtain [from the department] criminal history record
	information as provided by Subsection (a-1) [maintained by the
	department] that relates to a person required to be fingerprinted
	who is:
	(1)  an applicant for a chemical dependency counselor's
	license, a counselor intern's registration, or a clinical
	supervisor certification under Chapter 504, Occupations Code; or
	(2)  the holder of a license, registration, or
	certification under that chapter.
	(a-1)  Subject to Section 411.087 and consistent with the
	public policy of this state, the Health and Human Services
	Commission is entitled to:
	(1)  obtain through the Federal Bureau of Investigation
	criminal history record information maintained or indexed by that
	bureau that pertains to a person described by Subsection (a); and
	(2)  obtain from the department or any other criminal
	justice agency in this state criminal history record information
	maintained by the department or that criminal justice agency that
	relates to a person described by Subsection (a).
	(b)  In addition to information obtained from the Federal
	Bureau of Investigation under Subsection (a-1)(1) and Section
	411.087, the [Department of State Health Services and the] Health
	and Human Services Commission is [are] entitled to obtain
	information relating to the wanted persons status of an individual
	listed in Subsection (a).
	(c)  The Health and Human Services Commission may not release
	or disclose to any person criminal history record information
	obtained from the Federal Bureau of Investigation under Subsection
	(a-1)(1) or (b). Criminal history record information obtained by
	the [Department of State Health Services or the] Health and Human
	Services Commission under Subsection (a-1)(2) [(a)] may not be
	released or disclosed to any person except:
	(1)  on court order;
	(2)  [,] with the consent of the person who is the
	subject of the criminal history record information; [,] or
	(3)  as provided by Subsection (d).
	(d)  The [Department of State Health Services or the] Health
	and Human Services Commission[, as applicable,] may provide the
	applicant or licensee with a copy of the person's criminal history
	record information obtained from the Department of Public Safety [,
	Federal Bureau of Investigation identification division,] or
	another law enforcement agency under Subsection (a-1)(2).
	(e)  This section does not prohibit the Health and Human
	Services Commission from obtaining and using criminal history
	record information as provided by other law.
	(f)  The Health and Human Services Commission shall destroy
	criminal history record information that is obtained under this
	section after the information is used for its authorized purpose.
	SECTION 29.  Section 411.1106, Government Code, is amended
	by amending Subsections (b), (c), (d), and (e) and adding
	Subsections (b-1) and (f) to read as follows:
	(b)  The executive commissioner of the commission, or the
	executive commissioner's designee, is entitled to obtain [from the
	department] criminal history record information as provided by
	Subsection (f) [maintained by the department] that relates to a
	person required to be fingerprinted who is:
	(1)  an applicant [for employment] for a position in
	which the person, as an employee, contractor, or volunteer, would
	have access to sensitive personal or financial information, as
	determined by the executive commissioner, in:
	(A)  the eligibility services division of the
	commission as established under Section 531.008; [or]
	(B)  the commission's office of inspector general
	as established by Section 531.008 and Subchapter C, Chapter 531; or
	(C)  the regulatory services division of the
	commission as established under Section 531.008; or
	(2)  an employee of or a contractor or volunteer for the
	commission who has access to sensitive personal or financial
	information, as determined by the executive commissioner.
	(b-1)  Subject to Section 411.087 and consistent with the
	public policy of this state, the commission is entitled to:
	(1)  obtain through the Federal Bureau of Investigation
	criminal history record information maintained or indexed by that
	bureau that pertains to a person described by Subsection (b); and
	(2)  obtain from the department or any other criminal
	justice agency in this state criminal history record information
	maintained by the department or that criminal justice agency that
	relates to a person described by Subsection (b).
	(c)  The commission may not release or disclose to any person
	criminal history record information obtained from the Federal
	Bureau of Investigation under Subsection (b-1)(1). Criminal
	history record information obtained by the executive commissioner
	of the commission, or by the executive commissioner's designee,
	under Subsection (b-1)(2) [(b)] may not be released or disclosed,
	except:
	(1)  if the information is in a public record at the
	time the information is obtained;
	(2)  on court order;
	(3)  to a criminal justice agency, upon request;
	(4)  with the consent of the person who is the subject
	of the criminal history record information; or
	(5)  as provided by Subsection (d).
	(d)  The commission is not prohibited from disclosing
	criminal history record information obtained under Subsection
	(b-1)(2) [(b)] in a criminal proceeding or in a hearing conducted by
	the commission.
	(e)  The executive commissioner shall destroy all criminal
	history record information obtained under this section [Subsection
	(b)] as soon as practicable after the information is used for its
	authorized purpose.
	(f)  This section does not prohibit the commission from
	obtaining and using criminal history record information as provided
	by other law.
	SECTION 30.  Section 411.1131, Government Code, is amended
	to read as follows:
	Sec. 411.1131.  ACCESS TO CRIMINAL HISTORY RECORD
	INFORMATION: HEALTH AND HUMAN SERVICES COMMISSION. (a) The Health
	and Human Services Commission is entitled to obtain [from the
	department] criminal history record information as provided by
	Subsection (a-1) [maintained by the department] that relates to a
	person required to be fingerprinted who is an applicant for a staff
	position at an outdoor training program for children who are deaf or
	hard of hearing conducted by a private entity through a contract
	with the Health and Human Services Commission in accordance with
	Section 81.013, Human Resources Code.
	(a-1)  Subject to Section 411.087 and consistent with the
	public policy of this state, the Health and Human Services
	Commission is entitled to:
	(1)  obtain through the Federal Bureau of Investigation
	criminal history record information maintained or indexed by that
	bureau that pertains to a person described by Subsection (a); and
	(2)  obtain from the department or any other criminal
	justice agency in this state criminal history record information
	maintained by the department or that criminal justice agency that
	relates to a person described by Subsection (a).
	(b)  Criminal history record information obtained by the
	Health and Human Services Commission under Subsection (a-1) [(a)]
	may be used only to evaluate an applicant for a staff position at an
	outdoor training program for children who are deaf or hard of
	hearing.  The Health and Human Services Commission may release or
	disclose the information obtained under Subsection (a-1)(2) to a
	private entity described by Subsection (a) for that purpose.
	(c)  The Health and Human Services Commission may not release
	or disclose to any person criminal history record information
	obtained from the Federal Bureau of Investigation under Subsection
	(a-1)(1). The Health and Human Services Commission may not release
	or disclose information obtained under Subsection (a-1)(2) [(a)],
	except as described by Subsection (b), on court order, or with the
	consent of the person who is the subject of the criminal history
	record information.
	(d)  The Health and Human Services Commission[, and] shall
	destroy all criminal history record information obtained under
	Subsection (a-1) [(a)] after the information is used for its
	authorized purpose.
	(e)  This section does not prohibit the Health and Human
	Services Commission from obtaining and using criminal history
	record information as provided by other law.
	SECTION 31.  Section 411.114(a), Government Code, is amended
	by amending Subdivisions (2), (3), (4), (6), and (7) and adding
	Subdivision (4-a) to read as follows:
	(2)  The Department of Family and Protective Services
	or the Health and Human Services Commission, as applicable, shall
	obtain [from the department] criminal history record information as
	provided by Subdivision (4) [maintained by the department] that
	relates to a person who is:
	(A)  an applicant for a license, registration,
	certification, or listing under Chapter 42, Human Resources Code;
	(B)  an owner, operator, or employee of or an
	applicant for employment by a child-care facility, child-placing
	agency, or family home licensed, registered, certified, or listed
	under Chapter 42, Human Resources Code;
	(C)  a person 14 years of age or older who will be
	regularly or frequently working or staying in a facility or family
	home, other than a child in the care of the home or facility;
	(D)  an applicant selected for a position with the
	Department of Family and Protective Services or the Health and
	Human Services Commission, the duties of which include direct
	delivery of protective services to children, elderly persons, or
	persons with a disability;
	(E)  an employee of, an applicant for employment
	with, or a volunteer or an applicant volunteer with a business
	entity or person who [that] contracts with the Department of Family
	and Protective Services or the Health and Human Services Commission
	to provide direct delivery of protective services to children,
	elderly persons, or persons with a disability, if the person's
	duties or responsibilities include direct contact with children,
	elderly persons, or persons with a disability;
	(F)  a registered volunteer with the Department of
	Family and Protective Services or the Health and Human Services
	Commission;
	(G)  a person providing or applying to provide
	in-home, adoptive, or foster care for children in the care of the
	Department of Family and Protective Services or the Health and
	Human Services Commission and other persons living in the residence
	in which the child will reside;
	(H)  a Department of Family and Protective
	Services employee or a Health and Human Services Commission
	employee who is engaged in the direct delivery of protective
	services to children, elderly persons, or persons with a
	disability;
	(I)  an alleged perpetrator in a report the
	Department of Family and Protective Services or the Health and
	Human Services Commission receives alleging that the person has
	abused, neglected, or exploited a child, an elderly person, or a
	person with a disability, provided that:
	(i)  the report alleges the person has
	engaged in conduct that meets the applicable definition of abuse,
	neglect, or exploitation under Chapter 261, Family Code, or Chapter
	48, Human Resources Code; and
	(ii)  the person is not also the victim of
	the alleged conduct;
	(J)  a person providing child care for a child who
	is in the care of the Department of Family and Protective Services
	or the Health and Human Services Commission and who is or will be
	receiving adoptive, foster, or in-home care;
	(K)  through a contract with a nonprofit
	management center, an employee of, an applicant for employment
	with, or a volunteer or an applicant volunteer with a nonprofit,
	tax-exempt organization that provides any service that involves the
	care of or access to a child, an elderly person, or a person with a
	disability; or
	(L)  an applicant for a child-care administrator
	or child-placing agency administrator license under Chapter 43,
	Human Resources Code.
	(3)  In addition to the criminal history record
	information the Department of Family and Protective Services or the
	Health and Human Services Commission is required to obtain under
	Subdivision (2), the Department of Family and Protective Services
	or the Health and Human Services Commission, as applicable, is
	entitled to obtain [from the department] criminal history record
	information as provided by Subdivision (4) [maintained by the
	department] that relates to a person who is:
	(A)  an applicant for a position with the
	Department of Family and Protective Services or the Health and
	Human Services Commission regardless of the duties of the position,
	including a position described by Subdivision (2)(D);
	(B)  a Department of Family and Protective
	Services employee or a Health and Human Services Commission
	employee regardless of the duties of the employee's position,
	including an employee described by Subdivision (2)(H);
	(C)  a volunteer or applicant volunteer with the
	Department of Family and Protective Services or the Health and
	Human Services Commission regardless of the duties to be performed,
	including a registered volunteer;
	(D)  an employee of, an applicant for employment
	with, or a volunteer or an applicant volunteer with an entity or
	person who [that] contracts with the Department of Family and
	Protective Services or the Health and Human Services Commission, as
	applicable, and has access to confidential information in that
	department's or commission's records, if the employee, applicant,
	volunteer, or applicant volunteer has or will have access to that
	confidential information;
	(E)  a person living in the residence in which the
	alleged victim of the report resides, including an alleged
	perpetrator in a report described by Subdivision (2)(I);
	(F)  a person providing, at the request of the
	child's parent, in-home care for a child who is the subject of a
	report alleging the child has been abused or neglected;
	(G)  a person providing, at the request of the
	child's parent, in-home care for a child only if the person gives
	written consent to the release and disclosure of the information;
	(H)  a child who is related to the caretaker, as
	determined under Section 42.002, Human Resources Code, or any other
	person who resides in, is present in, or has unsupervised access to
	a child in the care of a facility or family home;
	(I)  a relative of a child in the care of the
	Department of Family and Protective Services or the Health and
	Human Services Commission, as applicable, to the extent necessary
	to comply with Section 162.007, Family Code;
	(J)  a person providing or applying to provide
	in-home, adoptive, or foster care for children to the extent
	necessary to comply with Subchapter B, Chapter 162, Family Code;
	(K)  a person who volunteers to supervise
	visitation under Subchapter B, Chapter 263, Family Code;
	(L)  an employee of or volunteer at, or an
	applicant for employment with or to be a volunteer at, an entity
	that provides supervised independent living services to a young
	adult receiving extended foster care services from the Department
	of Family and Protective Services or the Health and Human Services
	Commission, as applicable;
	(M)  a person 14 years of age or older who will be
	regularly or frequently working or staying in a host home that is
	providing supervised independent living services to a young adult
	receiving extended foster care services from the Department of
	Family and Protective Services or the Health and Human Services
	Commission, as applicable;
	(N)  a volunteer or applicant volunteer with a
	local affiliate in this state of Big Brothers Big Sisters of
	America;
	(O)  a volunteer or applicant volunteer with an
	organization that provides court-appointed volunteer advocates for
	abused or neglected children; or
	(P)  an employee, volunteer, or applicant
	volunteer of a children's advocacy center under Subchapter E,
	Chapter 264, Family Code, including a member of the governing board
	of a center.
	(4)  Subject to Section 411.087 and consistent with the
	public policy of this state, the Department of Family and
	Protective Services and the Health and Human Services Commission
	are entitled to:
	(A)  obtain through the Federal Bureau of
	Investigation criminal history record information maintained or
	indexed by that bureau that pertains to a person required to be
	fingerprinted who is described by Subdivision (2) or (3); and
	(B)  obtain from the department or any other
	criminal justice agency in this state criminal history record
	information maintained by the department or that criminal justice
	agency that relates to a person described by Subdivision (2) or (3).
	(4-a)  Law enforcement entities shall expedite the
	furnishing of criminal history record [such] information obtained
	under Subdivision (4)(B) to Department of Family and Protective
	Services workers or Health and Human Services Commission workers,
	as applicable, to ensure prompt criminal background checks for the
	safety of alleged victims and Department of Family and Protective
	Services workers or Health and Human Services Commission workers,
	as applicable.
	(6)  The Department of Family and Protective Services
	or the Health and Human Services Commission, as applicable, may not
	release or disclose to any person criminal history record
	information obtained from the Federal Bureau of Investigation under
	Subdivision (4)(A). Criminal history record information obtained
	by the Department of Family and Protective Services or the Health
	and Human Services Commission under Subdivision (4)(B) [this
	subsection] may not be released to any person except:
	(A)  on court order;
	(B)  with the consent of the person who is the
	subject of the criminal history record information;
	(C)  for purposes of an administrative hearing
	held by the Department of Family and Protective Services or the
	Health and Human Services Commission, as applicable, concerning the
	person who is the subject of the criminal history record
	information; or
	(D)  as provided by Subdivision (7).
	(7)  Subject to Subdivision (8), the Department of
	Family and Protective Services or the Health and Human Services
	Commission, as applicable, is not prohibited from releasing
	criminal history record information obtained under Subdivision
	(4)(B) [this subsection] to:
	(A)  the person who is the subject of the criminal
	history record information;
	(B)  a child-placing agency listed in Subdivision
	(2) that is seeking to verify or approve a foster or adoptive home
	under procedures authorized by federal law;
	(C)  an adult who resides with an alleged victim
	of abuse, neglect, or exploitation of a child, elderly person, or
	person with a disability and who also resides with the alleged
	perpetrator of that abuse, neglect, or exploitation if:
	(i)  the alleged perpetrator is the subject
	of the criminal history record information; and
	(ii)  the Department of Family and
	Protective Services or the Health and Human Services Commission, as
	applicable, determines that the release of information to the adult
	is necessary to ensure the safety or welfare of the alleged victim
	or the adult; or
	(D)  an elderly person or a person with a
	disability who is an alleged victim of abuse, neglect, or
	exploitation and who resides with the alleged perpetrator of that
	abuse, neglect, or exploitation if:
	(i)  the alleged perpetrator is the subject
	of the criminal history record information; and
	(ii)  the Department of Family and
	Protective Services or the Health and Human Services Commission, as
	applicable, determines that the release of information to the
	person is necessary to ensure the safety or welfare of the person.
	SECTION 32.  Section 411.1142, Government Code, is amended
	by amending Subsections (a), (b), and (d) and adding Subsections
	(a-1) and (f) to read as follows:
	(a)  The Early Childhood Intervention program within the
	Health and Human Services Commission, as established by Chapter 73,
	Human Resources Code, is entitled to obtain criminal history record
	information as provided by Subsection (a-1) [maintained by the
	Department of Public Safety, the Federal Bureau of Investigation
	identification division, or another law enforcement agency] that
	relates to a person:
	(1)  who is an employee or an applicant for permanent,
	temporary, or consultative employment or for a volunteer position;
	and
	(2)  [positions] whose employment or potential
	employment or volunteer position with the program or a local
	provider involves the delivery of early childhood intervention
	services or involves direct interactions with or the opportunity to
	interact and associate with children.
	(a-1)  Subject to Section 411.087 and consistent with the
	public policy of this state, the Health and Human Services
	Commission is entitled to:
	(1)  obtain through the Federal Bureau of Investigation
	criminal history record information maintained or indexed by that
	bureau that pertains to a person required to be fingerprinted who is
	described by Subsection (a); and
	(2)  obtain from the department or any other criminal
	justice agency in this state criminal history record information
	maintained by the department or that criminal justice agency that
	relates to a person described by Subsection (a).
	(b)  The Health and Human Services Commission may not release
	or disclose to any person criminal history record information
	obtained from the Federal Bureau of Investigation under Subsection
	(a-1)(1). Criminal history record information obtained by the
	Health and Human Services Commission under Subsection (a-1)(2)
	[(a)] may not be released or disclosed to any person except:
	(1)  on court order;
	(2)  [,] with the consent of the person who is the
	subject of the criminal history record information; [,] or
	(3)  as provided by Subsection (d).
	(d)  The Health and Human Services Commission may provide the
	applicant, employee, professional consultant, or volunteer with a
	copy of the person's criminal history record information obtained
	from the Department of Public Safety[, Federal Bureau of
	Investigation identification division,] or another law enforcement
	agency under Subsection (a-1)(2).
	(f)  The Health and Human Services Commission shall destroy
	criminal history record information that is obtained under this
	section after the information is used for its authorized purpose.
	SECTION 33.  Section 411.1143, Government Code, is amended
	by amending Subsections (a), (a-1), and (b) and adding Subsections
	(a-2), (c), and (d) to read as follows:
	(a)  The Health and Human Services Commission, an agency
	operating part of the medical assistance program under Chapter 32,
	Human Resources Code, or the office of inspector general
	established under Chapter 531, Government Code, is entitled to
	obtain [from the department the] criminal history record
	information as provided by Subsection (a-2) [maintained by the
	department] that relates to a provider under the medical assistance
	program or a person applying to enroll as a provider under the
	medical assistance program.
	(a-1)  Criminal history record information the Health and
	Human Services Commission [an agency] or the office of inspector
	general is authorized to obtain under Subsection (a) includes
	criminal history record information relating to:
	(1)  a person with a direct or indirect ownership or
	control interest, as defined by 42 C.F.R. Section 455.101, in a
	provider of five percent or more; and
	(2)  a person whose information is required to be
	disclosed in accordance with 42 C.F.R. Part 1001.
	(a-2)  Subject to Section 411.087 and consistent with the
	public policy of this state, the Health and Human Services
	Commission and the office of inspector general are entitled to:
	(1)  obtain through the Federal Bureau of Investigation
	criminal history record information maintained or indexed by that
	bureau that pertains to a person required to be fingerprinted who is
	described by Subsection (a) or (a-1); and
	(2)  obtain from the department or any other criminal
	justice agency in this state criminal history record information
	maintained by the department or that criminal justice agency that
	relates to a person described by Subsection (a) or (a-1).
	(b)  The Health and Human Services Commission or the office
	of inspector general may not release or disclose to any person
	criminal history record information obtained from the Federal
	Bureau of Investigation under Subsection (a-2)(1). Criminal
	history record information obtained by the Health and Human
	Services Commission or the office of inspector general [commission
	or an agency] under Subsection (a-2)(2) [(a)] may not be released or
	disclosed to any person except in a criminal proceeding, in an
	administrative proceeding, on court order, or with the consent of
	the provider or applicant.
	(c)  This section does not prohibit the Health and Human
	Services Commission or the office of inspector general from
	obtaining and using criminal history record information as provided
	by other law.
	(d)  The Health and Human Services Commission and the office
	of inspector general shall destroy criminal history record
	information obtained under this section after the information is
	used for its authorized purpose.
	SECTION 34.  Section 411.1144, Government Code, is amended
	to read as follows:
	Sec. 411.1144.  ACCESS TO CRIMINAL HISTORY RECORD
	INFORMATION: HEALTH AND HUMAN SERVICES COMMISSION AND [AGENCIES
	WITH] EMPLOYEES, CONTRACTORS, OR VOLUNTEERS AT STATE SUPPORTED
	LIVING CENTERS. (a) The [Department of State Health Services and
	the] Health and Human Services Commission is [are] entitled to
	obtain [from the department] criminal history record information as
	provided by Subsection (d) [maintained by the department] that
	relates to a person required to be fingerprinted:
	(1)  who is:
	(A)  an applicant for employment with the Health
	and Human Services Commission [agency];
	(B)  an employee of the Health and Human Services
	Commission [agency];
	(C)  a volunteer with the Health and Human
	Services Commission [agency];
	(D)  an applicant for a volunteer position with
	the Health and Human Services Commission [agency];
	(E)  an applicant for a contract with the Health
	and Human Services Commission [agency]; or
	(F)  a contractor of the Health and Human Services
	Commission [agency]; and
	(2)  who would be placed in direct contact with a
	resident or client of a state supported living center, as defined by
	Section 555.001, Health and Safety Code.
	(b)  The commission may not release or disclose to any person
	criminal history record information obtained from the Federal
	Bureau of Investigation under Subsection (d)(1). Criminal history
	record information obtained by the Health and Human Services
	Commission [an agency] under Subsection (d)(2) [(a)] may not be
	released or disclosed to any person except:
	(1)  on court order;
	(2)  with the consent of the person who is the subject
	of the criminal history record information;
	(3)  for purposes of an administrative hearing held by
	the agency concerning the person who is the subject of the criminal
	history record information; or
	(4)  as provided by Subsection (c).
	(c)  The Health and Human Services Commission is prohibited
	from releasing criminal history record information obtained under
	Subsection (d)(1) to the person who is the subject of the criminal
	history record information. The Health and Human Services
	Commission [An agency] is not prohibited from releasing criminal
	history record information obtained under Subsection (d)(2) [(a) or
	(d)] to the person who is the subject of the criminal history record
	information.
	(d)  Subject to Section 411.087 and consistent with the
	public policy of this state, the [Department of State Health
	Services and the] Health and Human Services Commission is [are]
	entitled to:
	(1)  obtain through the Federal Bureau of Investigation
	criminal history record information maintained or indexed by that
	bureau that pertains to a person described by Subsection (a); and
	(2)  obtain from the department or any other criminal
	justice agency in this state criminal history record information
	maintained by the department or that criminal justice agency that
	relates to a person described by Subsection (a).
	(e)  This section does not prohibit the Health and Human
	Services Commission [an agency] from obtaining and using criminal
	history record information as provided by other law.
	(f)  The Health and Human Services Commission shall destroy
	criminal history record information obtained under this section
	after the information is used for its authorized purpose.
	SECTION 35.  Section 411.115, Government Code, is amended by
	amending Subsections (b), (d), and (e) and adding Subsections (c)
	and (f) to read as follows:
	(b)  The Department of State Health Services, the Health and
	Human Services Commission, a local mental health or intellectual
	and developmental disability authority, or a community center, as
	applicable, is entitled to obtain [from the department] criminal
	history record information as provided by Subsection (c)
	[maintained by the department] that relates to a person:
	(1)  who is:
	(A)  an applicant for employment with the
	Department of State Health Services, the Health and Human Services
	Commission, a local mental health or intellectual and developmental
	disability authority, or a community center;
	(B)  an employee of the Department of State Health
	Services, the Health and Human Services Commission, a local mental
	health or intellectual and developmental disability authority, or a
	community center;
	(C)  an applicant for employment with or an
	employee of a business or person who [that] contracts with the
	Department of State Health Services, the Health and Human Services
	Commission, a local mental health or intellectual and developmental
	disability authority, or a community center to provide residential
	services to patients with mental illness or clients with an
	intellectual or developmental disability who were furloughed or
	discharged from a Department of State Health Services facility, a
	Health and Human Services Commission facility, or a community
	center, as applicable;
	(D)  a volunteer with the Department of State
	Health Services, the Health and Human Services Commission, a local
	mental health or intellectual and developmental disability
	authority, or a community center; or
	(E)  a volunteer applicant; and
	(2)  who would be placed in direct contact with
	patients with mental illness or clients with an intellectual or
	developmental disability.
	(c)  Subject to Section 411.087 and consistent with the
	public policy of this state, the Department of State Health
	Services, the Health and Human Services Commission, a local mental
	health or intellectual and developmental disability authority, or a
	community center, as applicable, is entitled to:
	(1)  obtain through the Federal Bureau of Investigation
	criminal history record information maintained or indexed by that
	bureau that pertains to a person required to be fingerprinted who is
	described Subsection (b); and
	(2)  obtain from the department or any other criminal
	justice agency in this state criminal history record information
	maintained by the department or that criminal justice agency that
	relates to a person described by Subsection (b).
	(d)  The Department of State Health Services, the Health and
	Human Services Commission, a local mental health or intellectual
	and developmental disability authority, or a community center, as
	applicable, may not release or disclose to any person criminal
	history record information obtained from the Federal Bureau of
	Investigation under Subsection (c)(1). Criminal history record
	information obtained by the Department of State Health Services,
	the Health and Human Services Commission, a local mental health or
	intellectual and developmental disability authority, or a
	community center, as applicable, under Subsection (c)(2) [(b)] may
	not be released or disclosed to a person, other than the contractor
	that employs the person who is the subject of the criminal history
	record information, except on court order or with the consent of the
	person who is the subject of the criminal history record
	information.
	(e)  The Department of State Health Services, the Health and
	Human Services Commission, a local mental health or intellectual
	and developmental disability authority, or a community center, as
	applicable, shall [collect and] destroy criminal history record
	information obtained under this section after the information is
	used for its authorized purpose [that relates to a person
	immediately after making an employment decision or taking a
	personnel action relating to the person who is the subject of the
	criminal history record information].
	(f)  This section does not prohibit the Department of State
	Health Services, the Health and Human Services Commission, a local
	mental health or intellectual and developmental disability
	authority, or a community center, as applicable, from obtaining and
	using criminal history record information as provided by other law.
	SECTION 36.  Subchapter F, Chapter 411, Government Code, is
	amended by adding Section 411.1161 to read as follows:
	Sec. 411.1161.  ACCESS TO CRIMINAL HISTORY RECORD
	INFORMATION: HEALTH AND HUMAN SERVICES COMMISSION AND NURSE AIDE
	CERTIFICATION, MEDICATION AIDE PERMIT, AND NURSING FACILITY
	ADMINISTRATOR LICENSE. (a) The Health and Human Services
	Commission is entitled to obtain criminal history record
	information as provided by Subsection (b) that relates to a person
	required to be fingerprinted who is an initial or renewal applicant
	for:
	(1)  a nurse aide certification with inclusion in the
	nurse aide registry established under Chapter 250, Health and
	Safety Code;
	(2)  a medication aide permit issued under Chapter 142,
	Health and Safety Code; or
	(3)  a nursing facility administrator license issued
	under Chapter 242, Health and Safety Code.
	(b)  Subject to Section 411.087 and consistent with the
	public policy of this state, the Health and Human Services
	Commission is entitled to:
	(1)  obtain through the Federal Bureau of Investigation
	criminal history record information maintained or indexed by that
	bureau that pertains to a person described by Subsection (a); and
	(2)  obtain from the department or any other criminal
	justice agency in this state criminal history record information
	maintained by the department or that criminal justice agency that
	relates to a person described by Subsection (a).
	(c)  The Health and Human Services Commission may not release
	or disclose to any person criminal history record information
	obtained from the Federal Bureau of Investigation under Subsection
	(b)(1). Criminal history record information obtained by the Health
	and Human Services Commission under Subsection (b)(2) may not be
	released or disclosed to any person except:
	(1)  on court order;
	(2)  with the consent of the person who is the subject
	of the criminal history record information;
	(3)  for purposes of an administrative hearing held by
	the Health and Human Services Commission concerning the person who
	is the subject of the criminal history record information; or
	(4)  as provided by Subsection (d).
	(d)  The Health and Human Services Commission is not
	prohibited from releasing criminal history record information
	obtained under Subsection (b)(2) to the person who is the subject of
	the criminal history record information.
	(e)  This section does not prohibit the Health and Human
	Services Commission from obtaining and using criminal history
	record information as provided by other law.
	(f)  The Health and Human Services Commission shall destroy
	criminal history record information that is obtained under this
	section after the information is used for its authorized purpose.
	SECTION 37.  Section 411.122(d), Government Code, as amended
	by Chapters 684 (S.B. 2200), 768 (H.B. 1501), and 1232 (H.B. 1523),
	Acts of the 86th Legislature, Regular Session, 2019, is reenacted
	to read as follows:
	(d)  The following state agencies are subject to this
	section:
	(1)  Texas Appraiser Licensing and Certification
	Board;
	(2)  Texas Board of Architectural Examiners;
	(3)  Texas Board of Chiropractic Examiners;
	(4)  State Board of Dental Examiners;
	(5)  Texas Board of Professional Engineers and Land
	Surveyors;
	(6)  Texas Funeral Service Commission;
	(7)  Texas Board of Professional Geoscientists;
	(8)  Health and Human Services Commission, except as
	provided by Section 411.110, and agencies attached to the
	commission;
	(9)  Texas Department of Licensing and Regulation,
	except as provided by Section 411.093;
	(10)  Texas Commission on Environmental Quality;
	(11)  Executive Council [Texas Board] of Physical
	Therapy and Occupational Therapy Examiners;
	(12)  Texas Optometry Board;
	(13)  Texas State Board of Pharmacy;
	(14)  [Texas Board of Physical Therapy Examiners;
	[(15)]  Texas State Board of Plumbing Examiners;
	(15) [(16)]  Texas State Board of Examiners of
	Psychologists;
	(16) [(17)]  Texas Real Estate Commission;
	(17) [(18)]  Texas Department of Transportation;
	(18) [(19)]  State Board of Veterinary Medical
	Examiners;
	(19) [(20)]  Texas Department of Housing and Community
	Affairs;
	(20) [(21)]  secretary of state;
	(21) [(22)]  state fire marshal;
	(22) [(23)]  Texas Education Agency;
	(23) [(24)]  Department of Agriculture; and
	(24) [(25)]  Texas Department of Motor Vehicles.
	SECTION 38.  Section 411.125, Government Code, is amended to
	read as follows:
	Sec. 411.125.  ACCESS TO CRIMINAL HISTORY RECORD
	INFORMATION: TEXAS BOARD OF NURSING. (a) The Texas Board of
	Nursing is entitled to obtain [from the department] criminal
	history record information as provided by Subsection (b)
	[maintained by the department] that relates to a person who:
	(1)  is an applicant for vocational, registered, or
	advanced practice registered nurse licensure, or the holder of a
	license issued by the board;
	(2)  has requested a determination of eligibility for a
	license from the board; [or]
	(3)  is subject to investigation by the board in
	connection with a complaint or formal charge against the person; or
	(4)  is accepted for enrollment in a nursing education
	program that prepares the person for licensure as a vocational,
	registered, or advanced practice registered nurse.
	(b)  Subject to Section 411.087 and consistent with the
	public policy of this state, the Texas Board of Nursing is entitled
	to:
	(1)  obtain through the Federal Bureau of Investigation
	criminal history record information maintained or indexed by that
	bureau that pertains to a person described by Subsection (a); and
	(2)  obtain from the department or any other criminal
	justice agency in this state criminal history record information
	maintained by the department or that criminal justice agency that
	relates to a person described by Subsection (a).
	(c)  The Texas Board of Nursing may not release or disclose
	to any person criminal history record information obtained from the
	Federal Bureau of Investigation under Subsection (b)(1). Criminal
	history record information obtained by the Texas Board of Nursing
	under Subsection (b)(2) may not be released or disclosed to any
	person except:
	(1)  as required under a court order;
	(2)  to a nursing board that is a member of the nurse
	licensure compact under Chapter 304, Occupations Code;
	(3)  with the written consent of the person or entity
	that is the subject of the criminal history record information; or
	(4)  as provided by Subsection (d).
	(d)  The Texas Board of Nursing is not prohibited from
	disclosing criminal history record information obtained under
	Subsection (b)(2) in a criminal proceeding, in a contested case
	proceeding conducted by the State Office of Administrative
	Hearings, or as part of an appeal of a contested case proceeding.
	(e)  Criminal history record information obtained by the
	Texas Board of Nursing shall be destroyed by the agency after a
	final determination is made and all appeals are concluded in the
	matter for which the information was obtained.
	SECTION 39.  Subchapter F, Chapter 411, Government Code, is
	amended by adding Section 411.12501 to read as follows:
	Sec. 411.12501.  ACCESS TO CRIMINAL HISTORY RECORD
	INFORMATION OF FEDERAL BUREAU OF INVESTIGATION: TEXAS ALCOHOLIC
	BEVERAGE COMMISSION. (a) Subject to Section 411.087 and Public Law
	92-544, the Texas Alcoholic Beverage Commission is authorized to
	obtain and use criminal history record information maintained or
	indexed by the Federal Bureau of Investigation that relates to a
	person who is an applicant for or holds a license, permit, or
	certificate under the Texas Alcoholic Beverage Code.
	(b)  Criminal history record information obtained by the
	commission under this section may only be released or disclosed as
	provided by Section 411.084(b).
	(c)  This section does not limit the commission's ability to
	obtain criminal history record information for criminal justice
	purposes or as authorized by other law.
	(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.
	SECTION 40.  Subchapter F, Chapter 411, Government Code, is
	amended by adding Section 411.12502 to read as follows:
	Sec. 411.12502.  ACCESS TO CRIMINAL HISTORY RECORD
	INFORMATION: TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL. (a) The
	Texas Behavioral Health Executive Council is entitled to obtain
	criminal history record information as provided by Subsection (b)
	that relates to a person who is an applicant for or licensed as:
	(1)  a licensed psychologist, licensed psychological
	associate, or licensed specialist in school psychology under
	Chapter 501, Occupations Code;
	(2)  a licensed marriage and family therapist or
	licensed marriage and family therapist associate under Chapter 502,
	Occupations Code;
	(3)  a licensed professional counselor or licensed
	professional counselor associate under Chapter 503, Occupations
	Code; or
	(4)  a licensed baccalaureate social worker, licensed
	master social worker, or licensed clinical social worker under
	Chapter 505, Occupations Code.
	(b)  Subject to Section 411.087 and consistent with the
	public policy of this state, the Texas Behavioral Health Executive
	Council is entitled to:
	(1)  obtain through the Federal Bureau of Investigation
	criminal history record information maintained or indexed by that
	bureau that pertains to a person described by Subsection (a); and
	(2)  obtain from the department or any other criminal
	justice agency in this state criminal history record information
	maintained by the department or that criminal justice agency that
	relates to a person described by Subsection (a).
	(c)  The Texas Behavioral Health Executive Council may not
	release or disclose to any person criminal history record
	information obtained from the Federal Bureau of Investigation under
	Subsection (b)(1). Criminal history record information obtained by
	the executive council under Subsection (b)(2) may not be released
	or disclosed to any person except on court order, with the written
	consent of the person who is the subject of the criminal history
	record information, or as provided by Subsection (d).
	(d)  The Texas Behavioral Health Executive Council is not
	prohibited from disclosing criminal history record information
	obtained under Subsection (b)(2) in a criminal proceeding or in a
	hearing conducted by the executive council or State Office of
	Administrative Hearings.
	(e)  The Texas Behavioral Health Executive Council shall
	destroy criminal history record information that is obtained under
	this section after the information is used for its authorized
	purpose.
	SECTION 41.  Subchapter F, Chapter 411, Government Code, is
	amended by adding Section 411.12503 to read as follows:
	Sec. 411.12503.  ACCESS TO CRIMINAL HISTORY RECORD
	INFORMATION: TEXAS BOARD OF CHIROPRACTIC EXAMINERS. (a) The Texas
	Board of Chiropractic Examiners is entitled to obtain criminal
	history record information as provided by Subsection (b) that
	relates to:
	(1)  a person who is an applicant for a license or
	registration under Chapter 201, Occupations Code; or
	(2)  the holder of a license or registration under
	Chapter 201, Occupations Code.
	(b)  Subject to Section 411.087 and consistent with the
	public policy of this state, the Texas Board of Chiropractic
	Examiners is entitled to:
	(1)  obtain through the Federal Bureau of Investigation
	criminal history record information maintained or indexed by that
	bureau that pertains to a person described by Subsection (a); and
	(2)  obtain from the department or any other criminal
	justice agency in this state criminal history record information
	maintained by the department or that criminal justice agency that
	relates to a person described by Subsection (a).
	(c)  The Texas Board of Chiropractic Examiners may not
	release or disclose to any person criminal history record
	information obtained from the Federal Bureau of Investigation under
	Subsection (b)(1). Criminal history record information obtained by
	the Texas Board of Chiropractic Examiners under Subsection (b)(2)
	may not be released or disclosed to any person except on court
	order, with the written consent of the person who is the subject of
	the criminal history record information, or as provided by
	Subsection (d).
	(d)  The Texas Board of Chiropractic Examiners is not
	prohibited from disclosing criminal history record information
	obtained under Subsection (b)(2) in a criminal proceeding or in a
	hearing conducted under the authority of the Texas Board of
	Chiropractic Examiners.
	(e)  The Texas Board of Chiropractic Examiners shall destroy
	criminal history record information that is obtained under this
	section after the information is used for its authorized purpose.
	SECTION 42.  Subchapter F, Chapter 411, Government Code, is
	amended by adding Section 411.12504 to read as follows:
	Sec. 411.12504.  ACCESS TO CRIMINAL HISTORY RECORD
	INFORMATION: STATE BOARD OF DENTAL EXAMINERS. (a) The State Board
	of Dental Examiners is entitled to obtain criminal history record
	information as provided by Subsection (b) that relates to a person
	who:
	(1)  is an applicant for a license, certificate,
	registration, permit, or other authorization under Subtitle D,
	Title 3, Occupations Code;
	(2)  is the holder of a license, certificate,
	registration, permit, or other authorization under that subtitle;
	(3)  requests a determination of eligibility for a
	license, certificate, registration, permit, or other authorization
	from the State Board of Dental Examiners; or
	(4)  is an applicant for employment at or current
	employee of the State Board of Dental Examiners.
	(b)  Subject to Section 411.087 and consistent with the
	public policy of this state, the State Board of Dental Examiners is
	entitled to:
	(1)  obtain through the Federal Bureau of Investigation
	criminal history record information maintained or indexed by that
	bureau that pertains to a person described by Subsection (a); and
	(2)  obtain from the department or any other criminal
	justice agency in this state criminal history record information
	maintained by the department or that criminal justice agency that
	relates to a person described by Subsection (a).
	(c)  The State Board of Dental Examiners may not release or
	disclose to any person criminal history record information obtained
	from the Federal Bureau of Investigation under Subsection (b)(1).
	Criminal history record information obtained by the State Board of
	Dental Examiners under Subsection (b)(2) may not be released or
	disclosed to any person except on court order, with the written
	consent of the person who is the subject of the criminal history
	record information, or as provided by Subsection (d).
	(d)  The State Board of Dental Examiners is not prohibited
	from disclosing criminal history record information obtained under
	Subsection (b)(2) in a criminal proceeding or in a hearing
	conducted by the State Board of Dental Examiners or State Office of
	Administrative Hearings.
	(e)  The State Board of Dental Examiners shall destroy
	criminal history record information obtained under this section
	after a final determination is made in the matter for which the
	information was obtained.
	SECTION 43.  Subchapter F, Chapter 411, Government Code, is
	amended by adding Section 411.12505 to read as follows:
	Sec. 411.12505.  ACCESS TO CRIMINAL HISTORY RECORD
	INFORMATION: QUALIFIED SCHOOL CONTRACTORS. (a) In this section,
	"qualified school contractor" means an entity that:
	(1)  contracts or subcontracts to provide services to a
	school district, charter school, or shared services arrangement;
	and
	(2)  is determined eligible by the department to obtain
	criminal history record information under the National Child
	Protection Act of 1993 (34 U.S.C. Section 40101 et seq.) for an
	employee, applicant for employment, or volunteer of the qualified
	school contractor.
	(b)  Subject to Section 411.087 and consistent with the
	public policy of this state, a qualified school contractor 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)(2);
	and
	(2)  obtain from the department or any other criminal
	justice agency in this state criminal history record information
	maintained by the department or that criminal justice agency that
	relates to a person described by Subsection (a)(2).
	(c)  A qualified school contractor may not release or
	disclose to any person criminal history record information obtained
	from the Federal Bureau of Investigation under Subsection (b)(1).
	Criminal history record information obtained by a qualified school
	contractor under Subsection (b)(2) 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)  by court order; or
	(C)  with the consent of the person who is the
	subject of the criminal history record information; and
	(2)  is not subject to disclosure as provided by
	Chapter 552.
	(d)  A qualified school contractor may provide a fitness
	determination based on criminal history record information
	obtained under this section to a school district, charter school,
	or shared services arrangement.
	(e)  A qualified school contractor shall destroy criminal
	history record information that is obtained under this section
	after the information is used for its authorized purpose.
	(f)  The department in coordination with the commissioner of
	education may adopt rules necessary to implement this section.
	SECTION 44.  Subchapter F, Chapter 411, Government Code, is
	amended by adding Section 411.12506 to read as follows:
	Sec. 411.12506.  ACCESS TO CRIMINAL HISTORY RECORD
	INFORMATION: TEXAS COMMISSION ON ENVIRONMENTAL QUALITY. (a) The
	Texas Commission on Environmental Quality is entitled to obtain
	criminal history record information as provided by Subsection (b)
	that relates to a person who:
	(1)  is an applicant for a license, permit, or
	registration under:
	(A)  Chapters 341, 361, and 366, Health and Safety
	Code;
	(B)  Chapter 1903, Occupations Code; or
	(C)  Chapters 26 and 37, Water Code;
	(2)  is the holder of a license, permit, or
	registration under a provision listed in Subdivision (1); or
	(3)  requests a determination of eligibility for a
	license, permit, or registration from the agency under a provision
	listed in Subdivision (1).
	(b)  Subject to Section 411.087 and consistent with the
	public policy of this state, the Texas Commission on Environmental
	Quality is entitled to:
	(1)  obtain through the Federal Bureau of Investigation
	criminal history record information maintained or indexed by that
	bureau that pertains to a person described by Subsection (a); and
	(2)  obtain from the department or any other criminal
	justice agency in this state criminal history record information
	maintained by the department or that criminal justice agency that
	relates to a person described by Subsection (a).
	(c)  The Texas Commission on Environmental Quality may not
	release or disclose to any person criminal history record
	information obtained from the Federal Bureau of Investigation under
	Subsection (b)(1). Criminal history record information obtained by
	the Texas Commission on Environmental Quality under Subsection
	(b)(2) may not be released or disclosed to any person except on
	court order, with the written consent of the person who is the
	subject of the criminal history record information, or as provided
	by Subsection (d).
	(d)  The Texas Commission on Environmental Quality is not
	prohibited from disclosing criminal history record information
	obtained under Subsection (b)(2) in a criminal proceeding or in an
	administrative proceeding conducted by the Texas Commission on
	Environmental Quality or the State Office of Administrative
	Hearings.
	(e)  The Texas Commission on Environmental Quality shall
	destroy criminal history record information that is obtained under
	this section after the information is used for its authorized
	purpose.
	SECTION 45.  Subchapter F, Chapter 411, Government Code, is
	amended by adding Section 411.12507 to read as follows:
	Sec. 411.12507.  ACCESS TO CRIMINAL HISTORY RECORD
	INFORMATION: TEXAS FUNERAL SERVICE COMMISSION. (a) The Texas
	Funeral Service Commission is entitled to obtain criminal history
	record information as provided by Subsection (b) that relates to:
	(1)  a person who is:
	(A)  an applicant for a license or certificate
	under Sections 651.259 and 651.302, Occupations Code; or
	(B)  the holder of a license or certificate under
	Chapter 651, Occupations Code;
	(2)  an applicant for a license or a license holder
	under Chapter 651, Occupations Code;
	(3)  an applicant for employment at or current employee
	of the Texas Funeral Service Commission; or
	(4)  a person authorized to access vital records or the
	vital records electronic registration system under Chapter 191,
	Health and Safety Code, or a funeral director.
	(b)  Subject to Section 411.087 and consistent with the
	public policy of this state, the Texas Funeral Service Commission
	is entitled to:
	(1)  obtain through the Federal Bureau of Investigation
	criminal history record information maintained or indexed by that
	bureau that pertains to a person described by Subsection (a); and
	(2)  obtain from the department or any other criminal
	justice agency in this state criminal history record information
	maintained by the department or that criminal justice agency that
	relates to a person described by Subsection (a).
	(c)  The Texas Funeral Service Commission may not release or
	disclose to any person criminal history record information obtained
	from the Federal Bureau of Investigation under Subsection (b)(1).
	Criminal history record information obtained by the Texas Funeral
	Service Commission under Subsection (b)(2) may not be released or
	disclosed to any person except on court order, with the written
	consent of the person who is the subject of the criminal history
	record information, or as provided by Subsection (d).
	(d)  The Texas Funeral Service Commission is not prohibited
	from disclosing criminal history record information obtained under
	Subsection (b)(2) in a criminal proceeding or in a hearing
	conducted by the Texas Funeral Service Commission.
	(e)  The Texas Funeral Service Commission may not consider
	offenses described by Section 542.304, Transportation Code, to
	determine whether to hire or retain an employee or to contract with
	a person on whom criminal history record information is obtained
	under this section.
	(f)  The Texas Funeral Service Commission shall destroy
	criminal history record information that is obtained under this
	section after the information is used for its authorized purpose.
	SECTION 46.  Subchapter F, Chapter 411, Government Code, is
	amended by adding Section 411.12508 to read as follows:
	Sec. 411.12508.  ACCESS TO CRIMINAL HISTORY RECORD
	INFORMATION: MANUFACTURED HOUSING DIVISION. (a) The manufactured
	housing division of the Texas Department of Housing and Community
	Affairs is entitled to obtain criminal history record information
	as provided by Subsection (b) that relates to a person who is:
	(1)  an applicant for or holder of a license under
	Chapter 1201, Occupations Code; or
	(2)  an owner, officer, or related person or manager of
	a person described by Subdivision (1).
	(b)  Subject to Section 411.087 of this code and Chapter
	1201, Occupations Code, and consistent with the public policy of
	this state, the manufactured housing division is entitled to:
	(1)  obtain through the Federal Bureau of Investigation
	criminal history record information maintained or indexed by that
	bureau that pertains to a person described by Subsection (a); and
	(2)  obtain from the department or any other criminal
	justice agency in this state criminal history record information
	maintained by the department or that criminal justice agency that
	relates to a person described by Subsection (a).
	(c)  The manufactured housing division may not release or
	disclose to any person criminal history record information obtained
	from the Federal Bureau of Investigation under Subsection (b)(1).
	Criminal history record information obtained by the manufactured
	housing division under Subsection (b)(2) may not be released or
	disclosed to any person except on court order, with the written
	consent of the person who is the subject of the criminal history
	record information, or as provided by Subsection (d).
	(d)  The manufactured housing division is not prohibited
	from disclosing criminal history record information obtained under
	Subsection (b)(2) in a criminal proceeding or in a hearing
	conducted by the manufactured housing division. Certified public
	documents that contain criminal history record information
	described by Subsection (b)(2) but that the division does not
	obtain under that subdivision may be used in a criminal or civil
	proceeding or in a hearing conducted by the manufactured housing
	division.
	(e)  The manufactured housing division shall destroy
	criminal history record information that is obtained under this
	section after the information is used for its authorized purpose.
	SECTION 47.  Subchapter F, Chapter 411, Government Code, is
	amended by adding Section 411.12509 to read as follows:
	Sec. 411.12509.  ACCESS TO CRIMINAL HISTORY RECORD
	INFORMATION: STATE FIRE MARSHAL. (a) The state fire marshal is
	entitled to obtain criminal history record information as provided
	by Subsection (b) that relates to a person who is an applicant for a
	license or other authorization issued by the state fire marshal to
	engage in an activity regulated under the Insurance Code or the
	Occupations Code.
	(b)  Subject to Section 411.087 and consistent with the
	public policy of this state, the state fire marshal is entitled to:
	(1)  obtain through the Federal Bureau of Investigation
	criminal history record information maintained or indexed by that
	bureau that pertains to a person described by Subsection (a); and
	(2)  obtain from the department or any other criminal
	justice agency in this state criminal history record information
	maintained by the department or that criminal justice agency that
	relates to a person described by Subsection (a).
	(c)  The state fire marshal may not release or disclose to
	any person criminal history record information obtained from the
	Federal Bureau of Investigation under Subsection (b)(1). Criminal
	history record information obtained by the state fire marshal under
	Subsection (b)(2) may not be disclosed or released to any person
	except on court order, with the written consent of the person who is
	the subject of the criminal history record information, or as
	provided by Subsection (d).
	(d)  The state fire marshal is not prohibited from disclosing
	criminal history record information obtained under Subsection
	(b)(2) in a criminal proceeding or in a hearing conducted by the
	state fire marshal.
	(e)  The state fire marshal shall destroy criminal history
	record information that is obtained under this section after the
	information is used for its authorized purpose.
	SECTION 48.  Subchapter F, Chapter 411, Government Code, is
	amended by adding Section 411.12510 to read as follows:
	Sec. 411.12510.  ACCESS TO CRIMINAL HISTORY RECORD
	INFORMATION: TEXAS MEDICAL BOARD. (a) The Texas Medical Board is
	entitled to obtain criminal history record information as provided
	by Subsection (b) that relates to a person who is:
	(1)  an applicant for or holder of a license to practice
	medicine;
	(2)  an applicant for or holder of a license to practice
	as a physician assistant;
	(3)  an applicant for or holder of a license to practice
	as an acupuncturist;
	(4)  an applicant for or holder of a certificate to
	practice as an acudetox specialist;
	(5)  an applicant for or holder of a license to practice
	as a surgical assistant;
	(6)  an applicant for or holder of a general
	certificate to perform radiologic procedures, limited certificate
	to perform radiologic procedures only on specific parts of the
	body, or radiologist assistant certificate;
	(7)  an applicant for or holder of a placement on the
	registry of noncertified technicians;
	(8)  an employee of an applicant for a hardship
	exemption;
	(9)  an applicant for or holder of a license to practice
	as a medical physicist;
	(10)  an applicant for or holder of a license to
	practice as a perfusionist;
	(11)  an applicant for or holder of a license to
	practice as a respiratory care practitioner; and
	(12)  an applicant for or holder of a pain management
	clinic certificate.
	(b)  Subject to Section 411.087 and consistent with the
	public policy of this state, the Texas Medical Board is entitled to:
	(1)  obtain through the Federal Bureau of Investigation
	criminal history record information maintained or indexed by that
	bureau that pertains to a person described by Subsection (a); and
	(2)  obtain from the department or any other criminal
	justice agency in this state criminal history record information
	maintained by the department or that criminal justice agency that
	relates to a person described by Subsection (a).
	(c)  The Texas Medical Board may not release or disclose to
	any person criminal history record information obtained from the
	Federal Bureau of Investigation under Subsection (b)(1). Criminal
	history record information obtained by the Texas Medical Board
	under Subsection (b)(2) may not be released or disclosed to any
	person, except as provided by Subsection (d).
	(d)  The Texas Medical Board is not prohibited from
	disclosing criminal history record information obtained under
	Subsection (b)(2) in a hearing conducted by the Texas Medical Board
	or its advisory boards.
	(e)  The Texas Medical Board shall destroy criminal history
	record information that is obtained under this section after the
	information is used for its authorized purpose.
	SECTION 49.  Subchapter F, Chapter 411, Government Code, is
	amended by adding Section 411.12511 to read as follows:
	Sec. 411.12511.  ACCESS TO CRIMINAL HISTORY RECORD
	INFORMATION: TEXAS DEPARTMENT OF MOTOR VEHICLES. (a) The Texas
	Department of Motor Vehicles is entitled to obtain criminal history
	record information as provided by Subsection (b) that relates to a
	person:
	(1)  who is an applicant for or holds a general
	distinguishing number under Chapter 503, Transportation Code;
	(2)  who is an applicant for or holds a license under
	Chapter 2301 or 2302, Occupations Code; or
	(3)  who is an officer, director, member, manager,
	principal, partner, trustee, or other person acting in a
	representative capacity for an applicant, general distinguishing
	number holder, or license holder and whose act or omission would be
	cause for denying, revoking, or suspending a general distinguishing
	number or license issued under Chapter 503, Transportation Code, or
	Chapter 2301 or 2302, Occupations Code.
	(b)  Subject to Section 411.087 and consistent with the
	public policy of this state, the Texas Department of Motor Vehicles
	is entitled to:
	(1)  obtain through the Federal Bureau of Investigation
	criminal history record information maintained or indexed by that
	bureau that pertains to a person described by Subsection (a); and
	(2)  obtain from the department or any other criminal
	justice agency in this state criminal history record information
	maintained by the department or that criminal justice agency that
	relates to a person described by Subsection (a).
	(c)  The Texas Department of Motor Vehicles may not release
	or disclose to any person criminal history record information
	obtained from the Federal Bureau of Investigation under Subsection
	(b)(1). Criminal history record information obtained by the Texas
	Department of Motor Vehicles under Subsection (b)(2) may not be
	released or disclosed to any person except on court order, with the
	written consent of the person who is the subject of the criminal
	history record information, or as provided by Subsection (d).
	(d)  The Texas Department of Motor Vehicles is not prohibited
	from disclosing criminal history record information obtained under
	Subsection (b)(2) in a criminal proceeding or in a hearing in which
	the Texas Department of Motor Vehicles is a party.
	(e)  The Texas Department of Motor Vehicles shall destroy
	criminal history record information that is obtained under this
	section after the information is used for its authorized purpose.
	SECTION 50.  Subchapter F, Chapter 411, Government Code, is
	amended by adding Section 411.12512 to read as follows:
	Sec. 411.12512.  ACCESS TO CRIMINAL HISTORY RECORD
	INFORMATION: TEXAS OPTOMETRY BOARD. (a) The Texas Optometry Board
	is entitled to obtain criminal history record information as
	provided by Subsection (b) that relates to a person who is:
	(1)  an applicant for a license under Section 351.251,
	Occupations Code; or
	(2)  the holder of a license under Section 351.302,
	Occupations Code.
	(b)  Subject to Section 411.087 of this code and Sections
	351.2525 and 351.3045, Occupations Code, and consistent with the
	public policy of this state, the Texas Optometry Board is entitled
	to:
	(1)  obtain through the Federal Bureau of Investigation
	criminal history record information maintained or indexed by that
	bureau that pertains to a person described by Subsection (a); and
	(2)  obtain from the department or any other criminal
	justice agency in this state criminal history record information
	maintained by the department or that criminal justice agency that
	relates to a person described by Subsection (a).
	(c)  The Texas Optometry Board may not release or disclose to
	any person criminal history record information obtained from the
	Federal Bureau of Investigation under Subsection (b)(1). Criminal
	history record information obtained by the Texas Optometry Board
	under Subsection (b)(2) may not be released or disclosed to any
	person except on court order, with the written consent of the person
	who is the subject of the criminal history record information, or as
	provided by Subsection (d).
	(d)  The Texas Optometry Board is not prohibited from
	disclosing criminal history record information obtained under
	Subsection (b)(2) in a criminal proceeding or in a hearing
	conducted by the Texas Optometry Board.
	(e)  The Texas Optometry Board shall destroy criminal
	history record information that is obtained under this section
	after the information is used for its authorized purpose.
	SECTION 51.  Subchapter F, Chapter 411, Government Code, is
	amended by adding Section 411.12513 to read as follows:
	Sec. 411.12513.  ACCESS TO CRIMINAL HISTORY RECORD
	INFORMATION: EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND
	OCCUPATIONAL THERAPY EXAMINERS. (a) The Executive Council of
	Physical Therapy and Occupational Therapy Examiners is entitled to
	obtain criminal history record information as provided by
	Subsection (b) that relates to a person who is:
	(1)  an applicant for or the holder of a physical
	therapist or physical therapist assistant license under Chapter
	453, Occupations Code; or
	(2)  an applicant for or the holder of an occupational
	therapist or occupational therapy assistant license under Chapter
	454, Occupations Code.
	(b)  Subject to Section 411.087 and consistent with the
	public policy of this state, the Executive Council of Physical
	Therapy and Occupational Therapy Examiners is entitled to:
	(1)  obtain through the Federal Bureau of Investigation
	criminal history record information maintained or indexed by that
	bureau that pertains to a person described by Subsection (a); and
	(2)  obtain from the department or any other criminal
	justice agency in this state criminal history record information
	maintained by the department or that criminal justice agency that
	relates to a person described by Subsection (a).
	(c)  The Executive Council of Physical Therapy and
	Occupational Therapy Examiners may not release or disclose to any
	person criminal history record information obtained from the
	Federal Bureau of Investigation under Subsection (b)(1). Criminal
	history record information obtained by the Executive Council of
	Physical Therapy and Occupational Therapy Examiners under
	Subsection (b)(2) may not be released or disclosed to any person
	except on court order, with the written consent of the person who is
	the subject of the criminal history record information, or as
	provided by Subsection (d).
	(d)  The Executive Council of Physical Therapy and
	Occupational Therapy Examiners is not prohibited from disclosing
	criminal history record information obtained under Subsection
	(b)(2) in a criminal proceeding or in a hearing conducted by the
	Executive Council of Physical Therapy and Occupational Therapy
	Examiners.
	(e)  The Executive Council of Physical Therapy and
	Occupational Therapy Examiners shall destroy criminal history
	record information that is obtained under this section after the
	information is used for its authorized purpose.
	SECTION 52.  Subchapter F, Chapter 411, Government Code, is
	amended by adding Section 411.12514 to read as follows:
	Sec. 411.12514.  ACCESS TO CRIMINAL HISTORY RECORD
	INFORMATION: TEXAS STATE BOARD OF PLUMBING EXAMINERS. (a) The
	Texas State Board of Plumbing Examiners is entitled to obtain
	criminal history record information as provided by Subsection (b)
	that relates to an applicant for a license, registration,
	endorsement, or certificate under Chapter 1301, Occupations Code,
	including 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)  Subject to Section 411.087 and consistent with the
	public policy of this state, the Texas State Board of Plumbing
	Examiners is entitled to:
	(1)  obtain through the Federal Bureau of Investigation
	criminal history record information maintained or indexed by that
	bureau that pertains to a person described by Subsection (a); and
	(2)  obtain from the department or any other criminal
	justice agency in this state criminal history record information
	maintained by the department or that criminal justice agency that
	relates to a person described by Subsection (a).
	(c)  The Texas State Board of Plumbing Examiners may not
	release or disclose to any person criminal history record
	information obtained from the Federal Bureau of Investigation under
	Subsection (b)(1). Criminal history record information obtained by
	the Texas State Board of Plumbing Examiners under Subsection (b)(2)
	may not be released or disclosed to any person except on court
	order, with the written consent of the person or entity that is the
	subject of the criminal history record information, or as provided
	by Subsection (d).
	(d)  The Texas State Board of Plumbing Examiners is not
	prohibited from disclosing criminal history record information
	obtained under Subsection (b)(2) in a criminal proceeding or in a
	hearing conducted by the Texas State Board of Plumbing Examiners.
	(e)  The Texas State Board of Plumbing Examiners shall
	destroy criminal history record information that is obtained under
	this section after the information is used for its authorized
	purpose.
	SECTION 53.  Subchapter F, Chapter 411, Government Code, is
	amended by adding Section 411.12515 to read as follows:
	Sec. 411.12515.  ACCESS TO CRIMINAL HISTORY RECORD
	INFORMATION: TEXAS REAL ESTATE COMMISSION AND TEXAS APPRAISER
	LICENSING AND CERTIFICATION BOARD. (a) In this section:
	(1)  "Board" means the Texas Appraiser Licensing and
	Certification Board.
	(2)  "Commission" means the Texas Real Estate
	Commission.
	(b)  The commission is entitled to obtain criminal history
	record information as provided by Subsection (d) that relates to:
	(1)  an applicant for an initial broker or sales agent
	license or renewal of a broker or sales agent license under Chapter
	1101, Occupations Code;
	(2)  an applicant for an original certificate of
	registration as an easement or right-of-way agent or renewal of a
	certificate of registration as an easement or right-of-way agent
	under Chapter 1101, Occupations Code; or
	(3)  an applicant for an apprentice inspector license,
	a real estate inspector license, or a professional inspector
	license or renewal of an apprentice inspector license, a real
	estate inspector license, or a professional inspector license under
	Chapter 1102, Occupations Code.
	(c)  The board is entitled to obtain criminal history record
	information as provided by Subsection (d) that relates to:
	(1)  an applicant for an appraiser trainee license, a
	residential appraiser license, a residential appraiser certificate
	or a general appraiser certificate or renewal of an appraiser
	trainee license, a residential appraiser license, a residential
	appraiser certificate, or general appraiser certificate under
	Chapter 1103, Occupations Code; or
	(2)  an applicant for registration or renewal of a
	registration as an appraisal management company under Chapter 1104,
	Occupations Code.
	(d)  Subject to Section 411.087 of this code and Sections
	1101.3521, 1101.4521, 1101.5041, 1102.1051, and 1103.2031,
	Occupations Code, and consistent with the public policy of this
	state, the commission and the board are entitled to:
	(1)  obtain through the Federal Bureau of Investigation
	criminal history record information maintained or indexed by that
	bureau that pertains to a person described by Subsection (b) or (c);
	and
	(2)  obtain from the department or any other criminal
	justice agency in this state criminal history record information
	maintained by the department or that criminal justice agency that
	relates to a person described by Subsection (b) or (c).
	(e)  The commission or the board, as applicable, may not
	release or disclose to any person criminal history record
	information obtained from the Federal Bureau of Investigation under
	Subsection (d)(1). Neither the commission nor the board is
	prohibited from disclosing criminal history record information
	obtained under Subsection (d)(2) in a criminal proceeding or in a
	hearing conducted by the State Office of Administrative Hearings.
	(f)  The commission or board shall destroy criminal history
	record information that is obtained under this section after the
	information is used for its authorized purpose.
	SECTION 54.  Subchapter F, Chapter 411, Government Code, is
	amended by adding Section 411.12516 to read as follows:
	Sec. 411.12516.  ACCESS TO CRIMINAL HISTORY RECORD
	INFORMATION: TEXAS BOARD OF PROFESSIONAL ENGINEERS AND LAND
	SURVEYORS. (a) The Texas Board of Professional Engineers and Land
	Surveyors is entitled to obtain criminal history record information
	as provided by Subsection (b) that relates to an applicant for or
	holder of a license under Chapters 1001 and 1071, Occupations Code.
	(b)  Subject to Section 411.087 of this code and Section
	1001.272, Occupations Code, and consistent with the public policy
	of this state, the Texas Board of Professional Engineers and Land
	Surveyors is entitled to:
	(1)  obtain through the Federal Bureau of Investigation
	criminal history record information maintained or indexed by that
	bureau that pertains to a person described by Subsection (a); and
	(2)  obtain from the department or any other criminal
	justice agency in this state criminal history record information
	maintained by the department or that criminal justice agency that
	relates to a person described by Subsection (a).
	(c)  The Texas Board of Professional Engineers and Land
	Surveyors may not release or disclose to any person criminal
	history record information obtained from the Federal Bureau of
	Investigation under Subsection (b)(1). Criminal history record
	information obtained by the Texas Board of Professional Engineers
	and Land Surveyors under Subsection (b)(2) may not be released or
	disclosed to any person except on court order, with the written
	consent of the person who is the subject of the criminal history
	record information, or as provided by Subsection (d).
	(d)  The Texas Board of Professional Engineers and Land
	Surveyors is not prohibited from disclosing criminal history record
	information obtained under Subsection (b)(2) in a criminal
	proceeding or in a hearing conducted by the Texas Board of
	Professional Engineers and Land Surveyors.
	(e)  The Texas Board of Professional Engineers and Land
	Surveyors shall destroy criminal history record information that is
	obtained under this section after the information is used for its
	authorized purpose.
	SECTION 55.  Subchapter F, Chapter 411, Government Code, is
	amended by adding Section 411.12517 to read as follows:
	Sec. 411.12517.  ACCESS TO CRIMINAL HISTORY RECORD
	INFORMATION: TEXAS STATE BOARD OF PHARMACY. (a) The Texas State
	Board of Pharmacy is entitled to obtain criminal history record
	information as provided by Subsection (b) that relates to a person
	who:
	(1)  is an applicant for or holder of a license,
	certificate, registration, permit, or other authorization under
	Chapters 557, 558, 559, and 568, Occupations Code;
	(2)  is an applicant for or holder of a Class A, Class
	B, Class C, Class D, or Class E pharmacy license under Chapters 560
	and 561, Occupations Code;
	(3)  requests a determination of eligibility for a
	license, certificate, registration, permit, or other authorization
	from the Texas State Board of Pharmacy; or
	(4)  is an applicant for employment at or current
	employee of the Texas State Board of Pharmacy.
	(b)  Subject to Section 411.087 and consistent with the
	public policy of this state, the Texas State Board of Pharmacy is
	entitled to:
	(1)  obtain through the Federal Bureau of Investigation
	criminal history record information maintained or indexed by that
	bureau that pertains to a person described by Subsection (a); and
	(2)  obtain from the department or any other criminal
	justice agency in this state criminal history record information
	maintained by the department or that criminal justice agency that
	relates to a person described by Subsection (a).
	(c)  The Texas State Board of Pharmacy may not release or
	disclose to any person criminal history record information obtained
	from the Federal Bureau of Investigation under Subsection (b)(1).
	Criminal history record information obtained by the Texas State
	Board of Pharmacy under Subsection (b)(2) may not be released or
	disclosed to any person except on court order, with the written
	consent of the person who is the subject of the criminal history
	record information, or as provided by Subsection (d).
	(d)  The Texas State Board of Pharmacy is not prohibited from
	disclosing criminal history record information obtained under
	Subsection (b)(2) in a criminal proceeding or in a hearing
	conducted by the Texas State Board of Pharmacy or State Office of
	Administrative Hearings.
	(e)  The Texas State Board of Pharmacy shall destroy criminal
	history record information obtained under this section after a
	final determination is made in the matter for which the information
	was obtained.
	SECTION 56.  The heading to Section 411.1296, Government
	Code, is amended to read as follows:
	Sec. 411.1296.  ACCESS TO CRIMINAL HISTORY RECORD
	INFORMATION: EMPLOYMENT BY APPRAISAL DISTRICT, [AND] APPOINTMENT
	TO APPRAISAL REVIEW BOARD FOR APPRAISAL DISTRICT, AND APPLICANT TO
	TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD.
	SECTION 57.  Section 411.1296, Government Code, is amended
	by amending Subsections (a) and (c) and adding Subsections (a-1),
	(d), (e), and (f) to read as follows:
	(a)  Except as provided by Subsection (b), an appraisal
	district established by Section 6.01, Tax Code, and the Texas
	Appraiser Licensing and Certification Board are [is] entitled to
	obtain [from the department] criminal history record information as
	provided by Subsection (a-1) [maintained by the department] that
	relates to a person who is an applicant for employment by the
	appraisal district, [or for] appointment to the appraisal review
	board for the appraisal district, or a license or certification as
	an appraiser trainee, licensed residential appraiser, certified
	residential appraiser, certified general appraiser, or an
	appraisal management company regulated by the Texas Appraiser
	Licensing and Certification Board.
	(a-1)  Subject to Section 411.087 and consistent with the
	public policy of this state, an appraisal district and the Texas
	Appraiser Licensing and Certification Board are entitled to:
	(1)  obtain through the Federal Bureau of Investigation
	criminal history record information maintained or indexed by that
	bureau that pertains to a person described by Subsection (a); and
	(2)  obtain from the department or any other criminal
	justice agency in this state criminal history record information
	maintained by the department or that criminal justice agency that
	relates to a person described by Subsection (a).
	(c)  The appraisal district may provide criminal history
	record information obtained under Subsection (a-1)(2) [this
	section] to the local administrative district judge or to the
	appraisal review board commissioners appointed by the local
	administrative district judge.
	(d)  An appraisal district or the Texas Appraiser Licensing
	and Certification Board, as applicable, may not release or disclose
	to any person criminal history record information obtained from the
	Federal Bureau of Investigation under Subsection (a-1)(1).
	Criminal history record information obtained by an appraisal
	district or the Texas Appraiser Licensing and Certification Board
	under Subsection (a-1)(2) may not be released or disclosed to any
	person except on court order, with the written consent of the person
	who is the subject of the criminal history record information, or as
	provided by Subsection (c).
	(e)  An appraisal district or the Texas Appraiser Licensing
	and Certification Board is not prohibited from disclosing criminal
	history record information obtained under Subsection (a-1)(2) in a
	criminal proceeding or in a hearing conducted by an appraisal
	district or the Texas Appraiser Licensing and Certification Board.
	(f)  An appraisal district or the Texas Appraiser Licensing
	and Certification Board shall destroy criminal history record
	information that is obtained under this section after the
	information is used for its authorized purpose.
	SECTION 58.  Section 411.1386, Government Code, is amended
	by amending Subsections (a), (a-6), (b), (c), (g), and (h) and
	adding Subsections (a-7), (c-1), and (j) to read as follows:
	(a)  Except as provided by Subsections (a-1)[, (a-5),] and
	(a-6), the clerk of the county having venue over a proceeding for
	the appointment of a guardian under Title 3, Estates Code, shall
	obtain [from the department] criminal history record information as
	provided by Subsection (a-7) [maintained by the department] that
	relates to:
	(1)  a private professional guardian;
	(2)  each person who represents or plans to represent
	the interests of a ward as a guardian on behalf of the private
	professional guardian;
	(3)  each person employed by a private professional
	guardian who will:
	(A)  have personal contact with a ward or proposed
	ward;
	(B)  exercise control over and manage a ward's
	estate; or
	(C)  perform any duties with respect to the
	management of a ward's estate;
	(4)  each person employed by or volunteering or
	contracting with a guardianship program to provide guardianship
	services to a ward of the program on the program's behalf; or
	(5)  any other person proposed to serve as a guardian
	under Title 3, Estates Code, including a proposed temporary
	guardian and a proposed successor guardian, other than an attorney.
	(a-6)  The clerk described by Subsection (a) is not required
	to obtain criminal history record information from the department
	for a person if the Judicial Branch Certification Commission
	conducted a criminal history check on the person under Sections
	155.203 and 155.207 [Chapter 155]. The commission shall provide to
	the clerk [at the court's request] the criminal history record
	information that was obtained from the department [or the Federal
	Bureau of Investigation]. The clerk shall, in accordance with
	Subsection (a-7)(1), obtain criminal history record information
	from the Federal Bureau of Investigation identification division
	relating to any person described by Subsection (a) regardless of
	whether the Judicial Branch Certification Commission obtains
	criminal history record information relating to that person.
	(a-7)  Subject to Section 411.087 and consistent with the
	public policy of this state, the clerk described by Subsection (a)
	is entitled to:
	(1)  obtain through the Federal Bureau of Investigation
	criminal history record information maintained or indexed by that
	bureau that pertains to a person described by Subsection (a); and
	(2)  obtain from the department or any other criminal
	justice agency in this state criminal history record information
	maintained by the department or that criminal justice agency that
	relates to a person described by Subsection (a).
	(b)  Criminal history record information obtained by or
	provided to a clerk under this section [Subsection (a), (a-5), or
	(a-6)] is for the exclusive use of the court and is privileged and
	confidential.
	(c)  A clerk may not release or disclose to any person
	criminal history record information obtained from the Federal
	Bureau of Investigation under Subsection (a-7)(1).  Criminal
	history record information obtained by or provided to a clerk under
	Subsection (a-7)(2) [(a), (a-5),] or (a-6) may not be released or
	disclosed to any person or agency except on court order or with the
	consent of the person who is the subject of the information.
	(c-1)  The clerk shall [may] destroy the criminal history
	record information after the information is used for the purposes
	authorized by this section.
	(g)  A person commits an offense if the person releases or
	discloses any information received under this section without the
	authorization prescribed by Subsection (c) [or (d)]. An offense
	under this subsection is a Class A misdemeanor.
	(h)  The county clerk may charge a $10 fee to recover the
	costs of obtaining criminal history record information [records]
	authorized by Subsection (a-7) [(a)].
	(j)  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 59.  Section 411.13861, Government Code, is amended
	by amending Subsections (a), (b), and (c) and adding Subsections
	(a-1) and (c-1) to read as follows:
	(a)  The Health and Human Services Commission is entitled to
	obtain [from the Department of Public Safety] criminal history
	record information as provided by Subsection (a-1) [maintained by
	the Department of Public Safety] that relates to a person:
	(1)  who is required to undergo a background and
	criminal history check under Chapter 248A, Health and Safety Code;
	(2)  who seeks unsupervised visits with a ward of the
	Health and Human Services Commission, including a relative of the
	ward;
	(3)  who is an applicant for employment with the Health
	and Human Services Commission for a position in which the person, as
	an employee, would have direct access to residents or clients of a
	facility regulated by the Health and Human Services Commission, as
	determined by the executive commissioner of that commission; or
	(4)  who is an employee of the Health and Human Services
	Commission and who has direct access to residents or clients of a
	facility regulated by that commission, as determined by the
	executive commissioner of that commission.
	(a-1)  Subject to Section 411.087 and consistent with the
	public policy of this state, the Health and Human Services
	Commission is entitled to:
	(1)  obtain through the Federal Bureau of Investigation
	criminal history record information maintained or indexed by that
	bureau that pertains to a person required to be fingerprinted who is
	described by Subsection (a); and
	(2)  obtain from the department or any other criminal
	justice agency in this state criminal history record information
	maintained by the department or that criminal justice agency that
	relates to a person described by Subsection (a).
	(b)  Criminal history record information obtained under
	Subsection (a-1) [(a)] is for the exclusive use of the Health and
	Human Services Commission and is privileged and confidential.
	(c)  The Health and Human Services Commission may not release
	or disclose to any person criminal history record information
	obtained from the Federal Bureau of Investigation under Subsection
	(a-1)(1).  Criminal history record information obtained by the
	Health and Human Services Commission under Subsection (a-1)(2)
	[(a)] may not be released or disclosed to any person or agency
	except on court order or with the consent of the person who is the
	subject of the information.
	(c-1)  The Health and Human Services Commission shall [may]
	destroy the criminal history record information after the
	information is used for the purposes authorized by this section.
	SECTION 60.  Section 411.1405, Government Code, is amended
	by amending Subsections (b), (c), and (d) and adding Subsections
	(b-1) and (g) to read as follows:
	(b)  To the extent consistent with Subsection (e), a state
	agency is entitled to obtain [from the department the] criminal
	history record information as provided by Subsection (b-1)
	[maintained by the department] that relates to a person who:
	(1)  is an employee, applicant for employment,
	contractor, subcontractor, or intern or other volunteer with the
	state agency or with a contractor or subcontractor for the state
	agency; and
	(2)  has access to information resources or information
	resources technologies, other than a desktop computer or telephone
	station assigned to that person.
	(b-1)  Subject to Section 411.087 and consistent with the
	public policy of this state, a state agency is entitled to:
	(1)  obtain through the Federal Bureau of Investigation
	criminal history record information maintained or indexed by that
	bureau that pertains to a person described by Subsection (b); and
	(2)  obtain from the department or any other criminal
	justice agency in this state criminal history record information
	maintained by the department or that criminal justice agency that
	relates to a person described by Subsection (b).
	(c)  A state agency may not release or disclose to any person
	criminal history record information obtained from the Federal
	Bureau of Investigation under Subsection (b-1)(1). A state agency
	that obtains criminal history record information under this section
	may not release or disclose the information obtained under
	Subsection (b-1)(2) or any documents or other records derived from
	the information except:
	(1)  by court order;
	(2)  with the consent of the person who is the subject
	of the information; or
	(3)  to the affected contractor or subcontractor[,
	unless the information was obtained by the department from the
	Federal Bureau of Investigation].
	(d)  A state agency and the affected contractor or
	subcontractor shall destroy criminal history record information
	obtained under this section after the information is used for the
	purposes authorized by this section [that relates to a person after
	the information is used to make an employment decision or to take a
	personnel action relating to the person who is the subject of the
	information].
	(g)  A state agency is not prohibited from disclosing
	criminal history record information obtained under Subsection
	(b-1)(2) in a criminal proceeding.
	SECTION 61.  Section 411.1408, Government Code, is amended
	by amending Subsections (b) and (c) and adding Subsections (b-1)
	and (d) to read as follows:
	(b)  The commission is entitled to obtain [from the
	department] criminal history record information as provided by
	Subsection (b-1) [maintained by the department] that relates to a
	person who is an applicant for or the holder of a certificate,
	registration, or license issued by the commission or otherwise
	under Subtitle L, Title 2.
	(b-1)  Subject to Section 411.087 and consistent with the
	public policy of this state, the commission is entitled to:
	(1)  obtain through the Federal Bureau of Investigation
	criminal history record information maintained or indexed by that
	bureau that pertains to a person described by Subsection (b); and
	(2)  obtain from the department or any other criminal
	justice agency in this state criminal history record information
	maintained by the department or that criminal justice agency that
	relates to a person described by Subsection (b).
	(c)  The commission may not release or disclose to any person
	criminal history record information obtained from the Federal
	Bureau of Investigation under Subsection (b-1)(1). Criminal
	history record information obtained by the commission under
	Subsection (b-1)(2) [(b)]:
	(1)  may be used by the commission for any purpose
	related to the issuance, denial, suspension, revocation, or renewal
	of a certificate, registration, or license issued by the commission
	or otherwise under Subtitle L, Title 2; and
	(2)  may not be released or disclosed to any person
	except:
	(A)  on court order; or
	(B)  [with the consent of the person who is the
	subject of the information; or
	[(C)]  as authorized by Section 411.1386(a-6) of
	this code or Section 1104.404, Estates Code, if applicable[; and
	[(3)  shall be destroyed by the commission after the
	information is used for the authorized purposes].
	(d)  The commission shall destroy criminal history record
	information that is obtained under this section after the
	information is used for its authorized purpose.
	SECTION 62.  Section 411.1409, Government Code, is amended
	by amending Subsections (b), (c), (d), and (e) and adding
	Subsection (b-1) to read as follows:
	(b)  An appellate court is entitled to obtain [from the
	department] criminal history record information as provided by
	Subsection (b-1) [maintained by the department] that relates to a
	person who is an applicant for:
	(1)  employment with the court;
	(2)  a volunteer position with the court; or
	(3)  an appointment made by the court.
	(b-1)  Subject to Section 411.087 and consistent with the
	public policy of this state, the court is entitled to:
	(1)  obtain through the Federal Bureau of Investigation
	criminal history record information maintained or indexed by that
	bureau that pertains to a person described by Subsection (b); and
	(2)  obtain from the department or any other criminal
	justice agency in this state criminal history record information
	maintained by the department or that criminal justice agency that
	relates to a person described by Subsection (b).
	(c)  Criminal history record information obtained by the
	court under this section [Subsection (b)] may be used only to
	evaluate an applicant.
	(d)  The court may not release or disclose to any person
	criminal history record information obtained from the Federal
	Bureau of Investigation under Subsection (b-1)(1). The court may
	not release or disclose information obtained under Subsection
	(b-1)(2) [(b)] except on order of a district court [or with the
	consent of the person who is the subject of the criminal history
	record information].
	(e)  The [After the expiration of any probationary term of
	the person's employment, volunteer status, or appointment, the]
	court shall destroy all criminal history record information
	obtained under this section after the information is used for its
	authorized purpose [Subsection (b)].
	SECTION 63.  Subchapter F, Chapter 411, Government Code, is
	amended by adding Section 411.14101 to read as follows:
	Sec. 411.14101.  ACCESS TO CRIMINAL HISTORY RECORD
	INFORMATION: STATE OFFICE OF ADMINISTRATIVE HEARINGS. (a) In this
	section, "office" means the State Office of Administrative
	Hearings.
	(b)  The office is entitled to obtain criminal history record
	information as provided by Subsection (c) that relates to a person
	who is:
	(1)  an employee of, or an applicant for employment
	with, the office; or
	(2)  a contractor, subcontractor, volunteer, or intern
	of the office, or an applicant to serve in one of those capacities.
	(c)  Subject to Section 411.087 and consistent with the
	public policy of this state, the office is entitled to:
	(1)  obtain through the Federal Bureau of Investigation
	criminal history record information maintained or indexed by that
	bureau that pertains to a person described by Subsection (b); and
	(2)  obtain from the department or any other criminal
	justice agency in this state criminal history record information
	maintained by the department or that criminal justice agency that
	relates to a person described by Subsection (b).
	(d)  The office may not release or disclose to any person
	criminal history record information obtained from the Federal
	Bureau of Investigation under Subsection (c)(1).  Criminal history
	record information obtained by the office under Subsection (c)(2)
	may not be released or disclosed to any person except by court order
	or with the written consent of the person who is the subject of the
	criminal history record information.
	(e)  The office shall destroy criminal history record
	information that is obtained under this section after the
	information is used for its authorized purpose.
	SECTION 64.  Subchapter F, Chapter 411, Government Code, is
	amended by adding Section 411.14102 to read as follows:
	Sec. 411.14102.  ACCESS TO CRIMINAL HISTORY RECORD
	INFORMATION: TEXAS BOARD OF ARCHITECTURAL EXAMINERS. (a) The
	Texas Board of Architectural Examiners is entitled to obtain
	criminal history record information as provided by Subsection (b)
	that relates to:
	(1)  a person who is:
	(A)  an applicant for an architectural
	registration under Chapter 1051, Occupations Code; or
	(B)  the holder of an architectural registration
	under that chapter;
	(2)  a person who is:
	(A)  an applicant for a landscape architectural
	registration under Chapter 1052, Occupations Code; or
	(B)  the holder of a landscape architectural
	registration under that chapter; or
	(3)  a person who is:
	(A)  an applicant for an interior design
	registration under Chapter 1053, Occupations Code; or
	(B)  the holder of an interior design registration
	under that chapter.
	(b)  Subject to Section 411.087 of this code and Section
	1051.3041, Occupations Code, and consistent with the public policy
	of this state, the Texas Board of Architectural Examiners is
	entitled to:
	(1)  obtain through the Federal Bureau of Investigation
	criminal history record information maintained or indexed by that
	bureau that pertains to a person described by Subsection (a); and
	(2)  obtain from the department or any other criminal
	justice agency in this state criminal history record information
	maintained by the department or that criminal justice agency that
	relates to a person described by Subsection (a).
	(c)  The Texas Board of Architectural Examiners may not
	release or disclose to any person criminal history record
	information obtained from the Federal Bureau of Investigation under
	Subsection (b)(1).  Criminal history record information obtained by
	the Texas Board of Architectural Examiners under Subsection (b)(2)
	may not be released or disclosed to any person except on court order
	or as provided by Subsection (d).
	(d)  The Texas Board of Architectural Examiners is not
	prohibited from disclosing criminal history record information
	obtained under Subsection (b)(2) in a criminal proceeding or in a
	hearing conducted by the Texas Board of Architectural Examiners or
	the State Office of Administrative Hearings, as applicable.
	(e)  The Texas Board of Architectural Examiners shall
	destroy criminal history record information that is obtained under
	this section after the information is used for its authorized
	purpose.
	SECTION 65.  Section 301.2511, Occupations Code, is amended
	by amending Subsections (a) and (c) and adding Subsections (d) and
	(e) to read as follows:
	(a)  An applicant for a vocational, registered, or advance
	practice registered nurse license must submit to the board, in
	addition to satisfying the other requirements of this subchapter, a
	complete and legible set of fingerprints, on a form prescribed by
	the board, for the purpose of obtaining criminal history record
	information from the Department of Public Safety and the Federal
	Bureau of Investigation.
	(c)  The board by rule shall develop a system for obtaining
	criminal history record information for a person accepted for
	enrollment in a nursing educational program that prepares the
	person for [initial] licensure as a vocational, registered, or
	advanced practice registered [or vocational] nurse by requiring the
	person to submit to the board a set of fingerprints that meets the
	requirements of Subsection (a). The board may develop a similar
	system for an applicant for enrollment in a nursing educational
	program. The board may require payment of a fee by a person who is
	required to submit a set of fingerprints under this subsection.
	(d)  The board may not release or disclose to any person
	criminal history record information obtained from the Federal
	Bureau of Investigation under Subsection (a).
	(e)  The board shall destroy criminal history record
	information that is obtained under this section after the
	information is used for its authorized purpose.
	SECTION 66.  Section 1101.002, Occupations Code, is amended
	by adding Subdivision (3-a) to read as follows:
	(3-a)  "Easement or right-of-way agent" means a person
	who sells, buys, leases, or transfers an easement or right-of-way
	for another, for compensation or with the expectation of receiving
	compensation, for use in connection with telecommunication,
	utility, railroad, or pipeline service.
	SECTION 67.  Section 1101.3521, Occupations Code, is amended
	by adding Subsections (e) and (f) to read as follows:
	(e)  The commission may not release or disclose to any person
	criminal history record information obtained from the Federal
	Bureau of Investigation under Subsection (a).
	(f)  The commission shall destroy criminal history record
	information that is obtained under this section after the
	information is used for its authorized purpose.
	SECTION 68.  Section 1101.501, Occupations Code, is amended
	to read as follows:
	Sec. 1101.501.  CERTIFICATE REQUIRED. A person may not act
	as an easement or right-of-way agent [sell, buy, lease, or transfer
	an easement or right-of-way for another, for compensation or with
	the expectation of receiving compensation, for use in connection
	with telecommunication, utility, railroad, or pipeline service]
	unless the person:
	(1)  holds a license issued under this chapter; or
	(2)  holds a certificate of registration issued under
	this subchapter.
	SECTION 69.  Section 1101.5041, Occupations Code, is amended
	to read as follows:
	Sec. 1101.5041.  CRIMINAL HISTORY RECORD INFORMATION
	REQUIREMENT FOR CERTIFICATE. An applicant for an original
	certificate of registration as an easement or right-of-way agent or
	renewal of a certificate of registration as an easement or
	right-of-way agent must comply with the criminal history record
	check requirements of Section 1101.3521.
	SECTION 70.  Section 1201.1031, Occupations Code, is amended
	by adding Subsections (f), (g), (h), (i), and (j) to read as
	follows:
	(f)  The department is entitled to obtain criminal history
	record information as provided by Subsection (g) that relates to:
	(1)  an applicant for or holder of a license under this
	chapter; or
	(2)  an owner, officer, or related person or manager of
	a person described by Subdivision (1).
	(g)  Subject to Section 411.087 and consistent with the
	public policy of this state, the department is entitled to:
	(1)  obtain through the Federal Bureau of Investigation
	criminal history record information maintained or indexed by that
	bureau that pertains to a person described by Subsection (f); and
	(2)  obtain from the department or any other criminal
	justice agency in this state criminal history record information
	maintained by the department or that criminal justice agency that
	relates to a person described by Subsection (f).
	(h)  The department may not release or disclose to any person
	criminal history record information obtained from the Federal
	Bureau of Investigation under Subsection (g)(1). Criminal history
	record information obtained by the department under Subsection
	(g)(2) may not be released or disclosed to any person except on
	court order, with the written consent of the person who is the
	subject of the criminal history record information, or as provided
	by Subsection (i).
	(i)  The department is not prohibited from disclosing
	criminal history record information obtained under Subsection
	(g)(2) in a criminal proceeding or in a hearing conducted by the
	department.
	(j)  The department shall destroy criminal history record
	information that is obtained under this section after the
	information is used for its authorized purpose.
	SECTION 71.  Section 2025.251, Occupations Code, is amended
	to read as follows:
	Sec. 2025.251.  OCCUPATIONAL LICENSE REQUIRED. (a) Except
	as provided by this section, a person, other than as a spectator or
	as a person placing a wager, may not participate in [racing with]
	pari-mutuel racing activities or wagering without first obtaining a
	license from the commission. A person may not engage in any
	occupation for which commission rules require a license under this
	subtitle without first obtaining a license from the commission.
	(b)  The commission [by rule] shall [categorize the
	occupations of racetrack employees and] determine the occupations
	that afford [the employee] an opportunity to influence racing with
	pari-mutuel wagering, including individuals who[. The rules must
	require an employee to be licensed under this subtitle if the
	employee]:
	(1)  work [works] in an occupation as an employee,
	contractor, or volunteer [determined by the commission] to afford
	the individual [employee] an opportunity to influence racing with
	pari-mutuel wagering; or
	(2)  will likely have significant access to the
	backside of a racetrack or to restricted areas of the frontside of a
	racetrack.
	(c)  Notwithstanding Subsection (b), the following
	individuals require a criminal history background check before an
	occupational license is issued: commissioners, regulatory
	employees and contractors hired by the commission, racetrack
	association employees, training facility employees, and employees
	of either a recognized horseman's organization or licensed
	racehorse owners.
	SECTION 72.  The following provisions are repealed:
	(1)  Sections 22.0834(g), (i), (k), (m), and (n),
	Education Code;
	(2)  Section 22.08341, Education Code;
	(3)  Sections 1104.403, 1104.407, 1104.408, and
	1104.410, Estates Code;
	(4)  Section 411.110(d), Government Code;
	(5)  Sections 411.1386(a-4), (a-5), (d), (f), and (i),
	Government Code; and
	(6)  Section 411.13861(f), Government Code.
	SECTION 73.  This Act takes effect immediately if it
	receives a vote of two-thirds of all the members elected to each
	house, as provided by Section 39, Article III, Texas Constitution.
	If this Act does not receive the vote necessary for immediate
	effect, this Act takes effect September 1, 2023.