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Texas Statutes (Last Updated: January 4, 2014) |
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GOVERNMENT CODE |
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Title 4. EXECUTIVE BRANCH |
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Subtitle B. LAW ENFORCEMENT AND PUBLIC PROTECTION |
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Chapter 411. DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS |
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Subchapter F. CRIMINAL HISTORY RECORD INFORMATION |
Sec. 411.1144. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: AGENCIES WITH EMPLOYEES OR VOLUNTEERS AT STATE SUPPORTED LIVING CENTERS
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(a) The Department of State Health Services and the Department of Aging and Disability Services are entitled to obtain from the department criminal history record information maintained by the department that relates to a person:
(1) who is:
(A) an applicant for employment with the agency;
(B) an employee of the agency;
(C) a volunteer with the agency; or
(D) an applicant for a volunteer position with the agency; and
(2) who would be placed in direct contact with a resident or client of a state supported living center or the ICF-MR component of the Rio Grande State Center.
(b) Criminal history record information obtained by an agency under Subsection (a) may not be released or disclosed to any person except:
(1) on court order;
(2) with the consent of the person who is the subject of the criminal history record information;
(3) for purposes of an administrative hearing held by the agency concerning the person who is the subject of the criminal history record information; or
(4) as provided by Subsection (c).
(c) An agency is not prohibited from releasing criminal history record information obtained under Subsection (a) or (d) to the person who is the subject of the criminal history record information.
(d) Subject to Section 411.087, the Department of State Health Services and the Department of Aging and Disability Services are 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 any other criminal justice agency in this state criminal history record information maintained by that criminal justice agency that relates to a person described by Subsection (a).
(e) This section does not prohibit an agency from obtaining and using criminal history record information as provided by other law.