Texas Government Code 411.095 – Access to Criminal History Record Information: Consumer Credit Commissioner
(a) The consumer credit commissioner is entitled to obtain criminal history record information as provided by Subsection (a-1) that relates to a person who is:
(1) an applicant for or holder of a license or registration under Chapter 180, 342, 347, 348, 351, 353, 371, 393, or 394, Finance Code;
(2) an employee of or volunteer with the Office of Consumer Credit Commissioner;
(3) an applicant for employment with the Office of Consumer Credit Commissioner;
(4) a contractor or subcontractor of the Office of Consumer Credit Commissioner; or
(5) an officer, director, owner, or employee of a person described by Subdivision (1) or another person having a substantial relationship with that person under Chapter 180, 342, 347, 348, 351, 353, 371, 393, or 394, Finance Code.
(a-1) Subject to § 411.087 and consistent with the public policy of this state, the consumer credit commissioner 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 411.095
- 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) The consumer credit commissioner may not release or disclose to any person criminal history record information obtained from the Federal Bureau of Investigation under Subsection (a-1)(1). The consumer credit commissioner may not release or disclose criminal history record information obtained under Subsection (a-1)(2) except:
(1) on court order;
(2) to the person who is the subject of the criminal history record information;
(3) with the consent of the person who is the subject of the criminal history record information; or
(4) in a hearing where the Office of Consumer Credit Commissioner is a party.
(c) The consumer credit commissioner shall destroy criminal history record information that is obtained under this section after the information is used for its authorized purpose.