Sec. 1104.408. INFORMATION FOR EXCLUSIVE USE OF COURT OR GUARDIANSHIP CERTIFICATION PROGRAM OF JUDICIAL BRANCH CERTIFICATION COMMISSION. (a) Criminal history record information obtained under Section 1104.407 is privileged and confidential and is for the exclusive use of the court or guardianship certification program of the Judicial Branch Certification Commission, as appropriate. The information may not be released or otherwise disclosed to any person or agency except:
(1) on court order;
(2) with the consent of the person being investigated; or
(3) as authorized by Section 1104.404 of this code or Section 411.1386(a-6), Government Code.
(b) The county clerk or guardianship certification program of the Judicial Branch Certification Commission may destroy the criminal history record information after the information is used for the purposes authorized by this subchapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 2.19, eff. September 1, 2014.
Structure Texas Statutes
Title 3 - Guardianship and Related Procedures
Subtitle D - Creation of Guardianship
Chapter 1104 - Selection of and Eligibility to Serve as Guardian
Subchapter I. Access to Criminal History Records
Section 1104.403. Submission of Criminal History Record Information by Proposed Guardian
Section 1104.404. Exception for Information Concerning Certain Persons
Section 1104.405. Information for Exclusive Use of Court
Section 1104.406. Department's Duty to Obtain Criminal History Record Information
Section 1104.407. Duty to Provide Information on Request
Section 1104.409. Use of Information by Court
Section 1104.411. Criminal Offense for Unauthorized Release or Disclosure
Section 1104.412. Effect of Subchapter on Department's Authority to Obtain or Use Information