(a) The clerk described by § 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, 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 § 1104.402.
(b) The commission shall provide to the clerk the criminal history record information that was obtained from the Department of Public Safety. The commission is prohibited from disseminating criminal history record information that was obtained from the Federal Bureau of Investigation under § 411.1408, Government Code, for purposes of determining whether an applicant is ineligible for certification as a guardian.