Texas Statutes
Subchapter F. Criminal History Record Information
Section 411.085. Unauthorized Obtaining, Use, or Disclosure of Criminal History Record Information; Penalty

Sec. 411.085. UNAUTHORIZED OBTAINING, USE, OR DISCLOSURE OF CRIMINAL HISTORY RECORD INFORMATION; PENALTY.
(a) A person commits an offense if the person knowingly or intentionally:
(1) obtains criminal history record information in an unauthorized manner, uses the information for an unauthorized purpose, or discloses the information to a person who is not entitled to the information; or
(2) violates a rule of the department adopted under this subchapter.
(b) An offense under Subsection (a) is a Class B misdemeanor, except as provided by Subsection (c).
(c) An offense under Subsection (a) is a felony of the second degree if the person:
(1) obtains, uses, or discloses criminal history record information for remuneration or for the promise of remuneration; or
(2) employs another person to obtain, use, or disclose criminal history record information for remuneration or for the promise of remuneration.
(d) The department shall provide a copy of this section to:
(1) each person who applies for access to criminal history record information maintained by the department; and
(2) each private entity that purchases criminal history record information from the department.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1017 (H.B. 1303), Sec. 8, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 10.05, eff. June 19, 2009.

Structure Texas Statutes

Texas Statutes

Government Code

Title 4 - Executive Branch

Subtitle B - Law Enforcement and Public Protection

Chapter 411 - Department of Public Safety of the State of Texas

Subchapter F. Criminal History Record Information

Section 411.081. Application of Subchapter

Section 411.082. Definitions

Section 411.083. Dissemination of Criminal History Record Information

Section 411.0835. Prohibition Against Dissemination to Certain Private Entities

Section 411.084. Use of Criminal History Record Information

Section 411.0845. Criminal History Clearinghouse

Section 411.085. Unauthorized Obtaining, Use, or Disclosure of Criminal History Record Information; Penalty

Section 411.0851. Duty of Private Entity to Update Criminal History Record Information; Civil Liability

Section 411.086. Rules

Section 411.0865. Contracts for Fingerprinting Services

Section 411.087. Access to Criminal History Record Information Maintained by Federal Bureau of Investigation or Local Criminal Justice Agency

Section 411.088. Fees

Section 411.089. Access to Criminal History Record Information: Criminal Justice Agency

Section 411.0891. Department Access to Criminal History Record Information: Certain Departmental Authorizations

Section 411.090. Access to Criminal History Record Information: State Board for Educator Certification

Section 411.0901. Access to Criminal History Record Information: Texas Education Agency

Section 411.091. Access to Criminal History Record Information: Texas Alcoholic Beverage Commission

Section 411.0915. Access to Criminal History Record Information of Political Subdivisions: Texas Alcoholic Beverage Commission

Section 411.092. Access to Criminal History Record Information: Banking Commissioner

Section 411.093. Access to Criminal History Record Information: Texas Department of Licensing and Regulation

Section 411.094. Access to Criminal History Record Information: Higher Education Entities; Security-Sensitive Position

Section 411.0945. Access to Criminal History Record Information: Public Institution of Higher Education; On-Campus Student Housing

Section 411.095. Access to Criminal History Record Information: Consumer Credit Commissioner

Section 411.096. Access to Criminal History Record Information: Texas Racing Commission

Section 411.097. Access to Criminal History Record Information: Local and Regional Educational Entities

Section 411.0971. Access to Criminal History Record Information: Teacher Retirement System of Texas

Section 411.098. Access to Criminal History Record Information: Texas School for the Blind and Visually Impaired

Section 411.099. Access to Criminal History Record Information: Texas State Board of Medical Examiners

Section 411.0995. Access to Criminal History Record Information: State Board of Veterinary Medical Examiners

Section 411.100. Access to Criminal History Record Information: Board of Law Examiners and State Bar of Texas

Section 411.1005. Access to Criminal History Record Information: State Bar of Texas

Section 411.102. Access to Criminal History Record Information: Mcgruff House Program

Section 411.103. Access to Criminal History Record Information: Child Watch Program

Section 411.104. Access to Criminal History Record Information: Texas Workforce Commission; Security Sensitive Positions

Section 411.1041. Access to Criminal History Record Information: Texas Workforce Commission; Vocational Rehabilitation and Other Services

Section 411.105. Access to Criminal History Record Information: Texas State Board of Public Accountancy

Section 411.106. Access to Criminal History Record Information: Texas Department of Insurance

Section 411.107. Access to Criminal History Record Information: Receiver

Section 411.108. Access to Criminal History Record Information: Texas Lottery Commission

Section 411.109. Access to Criminal History Record Information: Comptroller

Section 411.110. Access to Criminal History Record Information: Department of State Health Services and Health and Human Services Commission

Section 411.1103. Access to Criminal History Record Information: Department of State Health Services and Health and Human Services Commission

Section 411.1105. Access to Criminal History Record Information: Department of State Health Services and Health and Human Services Commission

Section 411.1106. Access to Criminal History Record Information: Health and Human Services Commission

Section 411.111. Access to Criminal History Record Information: District Court; Name Changes

Section 411.112. Access to Criminal History Record Information: Texas Commission on Law Enforcement

Section 411.113. Access to Criminal History Record Information: Texas School for the Deaf

Section 411.1131. Access to Criminal History Record Information: Health and Human Services Commission

Section 411.114. Access to Criminal History Record Information: Department of Family and Protective Services and Health and Human Services Commission

Section 411.1141. Access to Criminal History Record Information: Texas Juvenile Justice Department

Section 411.1142. Access to Criminal History Record: Early Childhood Intervention Program Within Health and Human Services Commission

Section 411.1143. Access to Criminal History Record Information; Agencies Operating Part of Medical Assistance Program

Section 411.1144. Access to Criminal History Record Information: Agencies With Employees, Contractors, or Volunteers at State Supported Living Centers

Section 411.1145. Access to Criminal History Record Information: State Preservation Board

Section 411.1146. Access to Criminal History Record Information: Department of Agriculture

Section 411.1147. Access to Criminal History Record Information: Texas Historical Commission

Section 411.115. Access to Criminal History Record Information: Department of State Health Services and Health and Human Services Commission; Local Authorities; Community Centers

Section 411.116. Access to Criminal History Record Information: Organization Providing Certain Nurse Aides

Section 411.117. Access to Criminal History Record Information: Health and Human Services Commission and Texas Workforce Commission

Section 411.118. Access to Criminal History Record Information: Employer at Residential Dwelling Project

Section 411.1181. Access to Criminal History Record Information; Applicants for Employment

Section 411.1182. Access to Criminal History Record Information: Commercial Nuclear Power Plant Licensees

Section 411.121. Access to Criminal History Record Information: Adjutant General

Section 411.1211. Access to Criminal History Record Information: Texas Veterans Commission

Section 411.122. Access to Criminal History Record Information: Licensing or Regulatory Agency

Section 411.123. Access to Criminal History Record Information: Municipal Fire Department

Section 411.1235. Access to Criminal History Record Information: Volunteer Fire Departments

Section 411.1236. Access to Criminal History Record Information: Texas Commission on Fire Protection

Section 411.1237. Access to Criminal History Record Information: County Fire Marshals; County Sheriffs

Section 411.124. Access to Criminal History Record Information: Political Subdivisions; Public Transportation Drivers

Section 411.125. Access to Criminal History Record Information: Texas Board of Nursing

Section 411.126. Access to Criminal History Record Information: Volunteer Centers

Section 411.127. Access to Criminal History Record Information: Applicants for Employment and Contractors

Section 411.1271. Access to Criminal History Record Information: Office of the Attorney General

Section 411.1272. Access to Criminal History Record Information: Office of Capital and Forensic Writs and Public Defender's Offices

Section 411.128. Access to Criminal History Record Information: Person Seeking to Adopt Child

Section 411.1285. Access to Criminal History Record Information: Domestic Relations Office and Child Custody Evaluator

Section 411.1286. Access to Criminal History Record Information: County Commissioners Courts; County Child Welfare Board Members

Section 411.129. Access to Criminal History Record Information: Employment by Municipality

Section 411.1295. Access to Criminal History Record Information: Employment by County

Section 411.1296. Access to Criminal History Record Information: Employment by Appraisal District and Appointment to Appraisal Review Board

Section 411.1297. Access to Criminal History Record Information: Employment by Emergency Communication District

Section 411.130. Access to Criminal History Record Information; Crime Victims' Institute

Section 411.1301. Access to Criminal History Record Information: Certain Local Government Corporations Engaged in Criminal Identification Activities

Section 411.131. Access to Criminal History Record Information: Safe Houses

Section 411.132. Access to Criminal History Record Information: State Auditor

Section 411.133. Access to Criminal History Record Information: Regional Tollway Authorities

Section 411.134. Criminal History Record Information: Texas State Library and Archives Commission

Section 411.135. Access to Certain Information by Public

Section 411.136. Access to Criminal History Record Information: Certain Hospitals and Hospital Districts

Section 411.138. Access to Criminal History Record Information: Juvenile Board or Juvenile Probation Department

Section 411.1385. Access to Criminal History Record Information: Savings and Mortgage Lending Commissioner

Section 411.1386. Access to Criminal History Record Information: Court Clerk; Health and Human Services Commission; Guardianships

Section 411.13861. Access to Criminal History Record Information: Health and Human Services Commission

Section 411.1387. Access to Criminal History Record Information: Facility, Regulatory Agency, or Private Agency

Section 411.1388. Access to Criminal History Record Information: Interagency Council on Sex Offender Treatment

Section 411.1389. Access to Criminal History Record Information: Texas Civil Commitment Office

Section 411.139. Access to Criminal History Record Information: State Securities Board

Section 411.1391. Access to Criminal History Record Information: Texas Facilities Commission

Section 411.140. Access to Criminal History Record Information: State Commission on Judicial Conduct

Section 411.1401. Access to Criminal History Record Information: Programs Providing Activities for Children

Section 411.1402. Access to Criminal History Record Information: Employees Retirement System of Texas

Section 411.1403. Access to Criminal History Record Information: Railroad Commission of Texas

Section 411.1404. Access to Criminal History Record Information: Department of Information Resources

Section 411.1405. Access to Criminal History Record Information: State Agencies; Information Technology Employees

Section 411.14055. Access to Criminal History Record Information: Texas School Safety Center

Section 411.1406. Access to Criminal History Record Information: County Attorney in County With Population of 3

Section 411.14065. Access to Criminal History Record Information: County Tax Assessor-Collector

Section 411.1407. Access to Criminal History Record Information: Credit Union Department

Section 411.1408. Access to Criminal History Record Information: Judicial Branch Certification Commission

Section 411.1409. Access to Criminal History Information: Appellate Courts

Section 411.1410. Access to Criminal History Record Information: United States Armed Forces