Sec. 411.0891. DEPARTMENT ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: CERTAIN DEPARTMENTAL AUTHORIZATIONS. (a) Subject to Section 411.087, the department is authorized to obtain and use criminal history record information maintained by the Federal Bureau of Investigation or the department that relates to a person who:
(1) is an applicant for or holds a registration issued by the director under Subchapter C, Chapter 481, Health and Safety Code, that authorizes the person to manufacture, distribute, analyze, or conduct research with a controlled substance;
(2) is an applicant for or holds a registration issued by the department under Chapter 487, Health and Safety Code, to be a director, manager, or employee of a dispensing organization, as defined by Section 487.001, Health and Safety Code;
(3) is an applicant for or holds an authorization issued by the department under Section 521.2476, Transportation Code, to do business in this state as a vendor of ignition interlock devices;
(4) is an applicant for or holds certification by the department as an inspection station or an inspector under Subchapter G, Chapter 548, Transportation Code, holds an inspection station or inspector certificate issued under that subchapter, or is the owner of an inspection station operating under that chapter; or
(5) is an applicant for or holds a certificate of registration issued by the department under Chapter 1956, Occupations Code, to act as a metal recycling entity.
(b) The department may release or disclose criminal history record information obtained or used by the department for a purpose described by Subsection (a) to another person or agency only:
(1) in a criminal proceeding;
(2) in a hearing conducted by the department;
(3) under an order from a court; or
(4) with the consent of the person who is the subject of the criminal history record information.
(c) This section may not be construed to limit the authority of the department to disseminate criminal history record information as provided by Section 411.083.
(d) The department may require any person for whom the department is authorized to obtain and use criminal history record information maintained by the Federal Bureau of Investigation or the department under Subsection (a) to submit a complete and legible set of fingerprints to the department on a form prescribed by the department for the purpose of obtaining criminal history record information.
Added by Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 9.01, eff. June 19, 2009.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 595 (S.B. 616), Sec. 3.001, eff. September 1, 2019.
Structure Texas Statutes
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 411.083. 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 411.0865. Contracts for Fingerprinting Services
Section 411.089. Access to Criminal History Record Information: Criminal Justice Agency
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 411.092. Access to Criminal History Record Information: Banking Commissioner
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 411.0971. Access to Criminal History Record Information: Teacher Retirement System 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 411.106. 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 411.111. 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 411.1141. Access to Criminal History Record Information: Texas Juvenile Justice Department
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 411.1181. Access to Criminal History Record Information; Applicants for Employment
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 411.125. Access to Criminal History Record Information: Texas Board of Nursing
Section 411.126. Access to Criminal History Record Information: Volunteer Centers
Section 411.1271. Access to Criminal History Record Information: Office of the Attorney General
Section 411.128. Access to Criminal History Record Information: Person Seeking to Adopt Child
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 411.130. Access to Criminal History Record Information; Crime Victims' Institute
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 411.1389. 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 411.1403. Access to Criminal History Record Information: Railroad Commission of Texas
Section 411.1404. Access to Criminal History Record Information: Department of Information Resources
Section 411.14055. Access to Criminal History Record Information: Texas School Safety Center
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 411.1409. Access to Criminal History Information: Appellate Courts
Section 411.1410. Access to Criminal History Record Information: United States Armed Forces