Section 411.13861 - Access to Criminal History Record Information: Health and Human Services Commission(a) The Health and Human Services Commission is entitled to obtain criminal history record information as provided by Subsection (a-1) that relates to a person: (1) who is required to undergo a background and criminal history check under Chapter 248A, Health and Safety Code; (2) who seeks unsupervised visits with a ward of the Health and Human Services Commission, including a relative of the ward; (3) who is an applicant for employment with the Health and Human Services Commission for a position in which the person, as an employee, would have direct access to residents or clients of a facility regulated by the Health and Human Services Commission, as determined by the executive commissioner of that commission; or (4) who is an employee of the Health and Human Services Commission and who has direct access to residents or clients of a facility regulated by that commission, as determined by the executive commissioner of that commission. (a-1) Subject to Section 411.087 and consistent with the public policy of this state, the Health and Human Services 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 who is 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). (b) Criminal history record information obtained under Subsection (a-1) is for the exclusive use of the Health and Human Services Commission and is privileged and confidential. (c) The Health and Human Services 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 Health and Human Services Commission under Subsection (a-1)(2) 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. (c-1) The Health and Human Services Commission shall destroy the criminal history record information after the information is used for the purposes authorized by this section. (d) This section does not prohibit the Health and Human Services Commission from obtaining and using criminal history record information as provided by other law.(e) In this section, "ward" has the meaning assigned by Section 1002.030, Estates Code.(f) [Repealed by 2023 amendment] Tex. Gov't. Code § 411.13861
Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 871,Sec. 71, eff. 6/13/2023.Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 871,Sec. 60, eff. 6/13/2023.Amended by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 684,Sec. 15, eff. 6/10/2019.Amended by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 684,Sec. 14, eff. 6/10/2019.Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 1209,Sec. 2, eff. 6/19/2015.Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 1,Sec. 2.006, eff. 4/2/2015.Added by Acts 2013, Texas Acts of the 83rd Leg. - Regular Session, ch. 1168,Sec. 2, eff. 9/1/2013.