Texas Government Code 411.1105 – Access to Criminal History Record Information: Health and Human Services Commission
(a) The Health and Human Services Commission is entitled to obtain criminal history record information as provided by Subsections (a-1) and (b) that relates to a person 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 § 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).
Terms Used In Texas Government Code 411.1105
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(b) In addition to information obtained from the Federal Bureau of Investigation under Subsection (a-1)(1) and § 411.087, the Health and Human Services Commission is 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 Health and Human Services Commission under Subsection (a-1)(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; or
(3) as provided by Subsection (d).
(d) The Health and Human Services Commission may provide the applicant or licensee with a copy of the person’s criminal history record information obtained from the Department of Public Safety 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.