Sec. 156.206. CRIMINAL AND OTHER BACKGROUND CHECKS    


Latest version.
  • (a) On receipt of an application for a residential mortgage loan originator license, the commissioner shall, at a minimum, conduct a criminal background and credit history check of the applicant.

    (b) The commissioner shall conduct criminal background and credit history checks in accordance with Section 180.054, and, in connection with each application for a residential mortgage loan originator license or other individual license, the commissioner may conduct a criminal background check through the Department of Public Safety.

    (c) The commissioner shall keep confidential any background information obtained under this section and may not release or disclose the information unless:

    (1) the information is a public record at the time the commissioner obtains the information; or

    (2) the commissioner releases the information:

    (A) under order from a court;

    (B) with the permission of the applicant;

    (C) to a person through whom the applicant is conducting or will conduct business; or

    (D) to a governmental agency.

    (d) Notwithstanding Subsection (c), criminal history record information obtained from the Federal Bureau of Investigation may be released or disclosed only to a governmental entity or as authorized by federal statute, federal rule, or federal executive order.

Added by Acts 1999, 76th Leg., ch. 1254, Sec. 2, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 337, Sec. 5, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 407, Sec. 2, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 867, Sec. 88, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 173, Sec. 1, 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 296, Sec. 11, 12, eff. Sept. 1, 2003. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 655 , Sec. 18, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 655 , Sec. 19, eff. September 1, 2011.