Texas Occupations Code 455.1525 – Criminal History Record Information Requirement for License Issuance
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(a) The department shall require an applicant for a license to submit a complete and legible set of fingerprints, on a form prescribed by the department, to the department or to the Department of Public Safety for the purpose of obtaining criminal history record information from the Department of Public Safety and the Federal Bureau of Investigation.
(b) The department may not issue a license to a person who does not comply with the requirement of Subsection (a).
Terms Used In Texas Occupations Code 455.1525
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- 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
(c) The department shall conduct a criminal history record information check of each applicant for a license using information:
(1) provided by the individual under this section; and
(2) made available to the department by the Department of Public Safety, the Federal Bureau of Investigation, and any other criminal justice agency under Chapter 411, Government Code.
(d) The department may:
(1) enter into an agreement with the Department of Public Safety to administer a criminal history record information check required under this section; and
(2) authorize the Department of Public Safety to collect from each applicant the costs incurred by the Department of Public Safety in conducting the criminal history record information check.
(e) For purposes of this section, if the applicant for a license is an entity, the applicant must submit fingerprints as required by Subsection (a) for each individual who:
(1) personally or constructively holds, including as the beneficiary of a trust:
(A) at least 10 percent of the entity’s outstanding stock; or
(B) more than $25,000 of the fair market value of the entity;
(2) has the controlling interest in the entity;
(3) has a direct or indirect participating interest through shares, stock, or otherwise, regardless of whether voting rights are included, of more than 10 percent of the profits, proceeds, or capital gains of the entity;
(4) is a member of the board of directors or other governing body of the entity; or
(5) serves as:
(A) an elected officer of the entity; or
(B) a general manager of the entity.