Texas Government Code 411.096 – Access to Criminal History Record Information: Texas Racing Commission
(a) The Texas Racing Commission is entitled to obtain as provided by Subsection (a-1) criminal history record information that relates to:
(1) a person who:
(A) is an applicant for or the holder of a license or certificate under Chapter 2025, Occupations Code;
(B) is an owner or manager of an applicant or license holder described by Paragraph (A); or
(C) has an interest described under Chapter 2025, Occupations Code, in an entity described by that chapter;
(2) an applicant for employment at or current employee of:
(A) the Texas Racing Commission; or
(B) a place of employment within the racing industry of this state; or
(3) an applicant for employment at, current employee of, or person who contracts or may contract to provide goods or services with the Texas Racing Commission.
(a-1) Subject to § 411.087 and consistent with the public policy of this state, the Texas Racing 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 411.096
- Contract: A legal written agreement that becomes binding when signed.
- 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
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(b) The Texas Racing 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). Criminal history record information obtained by the Texas Racing Commission under Subsection (a-1)(2) may not be released or disclosed to any person except on court order, with the written consent of the person who is the subject of the criminal history record information, or as provided by Subsection (c).
(c) The Texas Racing Commission is not prohibited from disclosing criminal history record information obtained under Subsection (a-1)(2) in a criminal proceeding or in a hearing conducted by the Texas Racing Commission or the State Office of Administrative Hearings.
(d) The Texas Racing Commission shall destroy criminal history record information that is obtained under this section after the information is used for its authorized purpose.