Texas Government Code 411.1387 – Access to Criminal History Record Information: Facility, Regulatory Agency, or Private Agency
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(a) In this section, “facility,” “regulatory agency,” and “private agency” have the meanings assigned by § 250.001, Health and Safety Code.
(b) A regulatory agency is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is:
(1) an applicant for employment at or an employee of a facility other than a facility licensed under Chapter 142, Health and Safety Code; or
(2) an applicant for employment at or an employee of a facility licensed under Chapter 142, Health and Safety Code, if the duties of employment involve direct contact with a consumer in the facility.
Terms Used In Texas Government Code 411.1387
- 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-1) A facility or a private agency on behalf of a facility is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is:
(1) an applicant for employment with, an employee of, or a volunteer with the facility;
(2) an applicant for employment with or an employee of a person or business that contracts with the facility; or
(3) a student enrolled in an educational program or course of study who is at the facility for educational purposes.
(c) A facility may:
(1) obtain directly from the department criminal history record information on a person described by Subsection (b-1); or
(2) authorize a private agency to obtain that information from the department.
(d) A private agency obtaining criminal history record information on behalf of a facility under Subsection (c) shall forward the information received to the facility requesting the information.
(e) Criminal history record information obtained by a facility, regulatory agency, or private agency on behalf of a facility under Subsection (b) or (b-1) may not be released or disclosed to any person or agency except on court order or with the consent of the person who is the subject of the information.