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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. 411.122. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: LICENSING OR REGULATORY AGENCY
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(a) Except as provided by Subsection (c)(2), an agency of this state listed in Subsection (d) or a political subdivision of this state covered by Chapter 53, Occupations Code, that licenses or regulates members of a particular trade, occupation, business, vocation, or profession is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who:
(1) is an applicant for a license from the agency;
(2) is the holder of a license from the agency; or
(3) requests a determination of eligibility for a license from the agency.
(b) A municipality or county that requires a sexually oriented business to obtain a license or other permit under Section 243.007, Local Government Code, is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who:
(1) is an applicant for a license or other permit for a sexually oriented business issued by the municipality or county;
(2) is the holder of a license or other permit for a sexually oriented business issued by the municipality or county; or
(3) requests a determination of eligibility for a license or other permit for a sexually oriented business issued by the municipality or county.
(c) This section does not apply to an agency that is:
(1) specifically authorized by this subchapter to obtain criminal history record information from the department; or
(2) covered by Section 53.002, Occupations Code, to the extent provided by that section.
(d) The following state agencies are subject to this section:
(1) Texas Appraiser Licensing and Certification Board;
(2) Texas Board of Architectural Examiners;
(3) Texas Board of Chiropractic Examiners;
(4) State Board of Dental Examiners;
(5) Texas Board of Professional Engineers;
(6) Texas Funeral Service Commission;
(7) Texas Board of Professional Geoscientists;
(8) Department of State Health Services, except as provided by Section 411.110, and agencies attached to the department, including:
(A) Texas State Board of Examiners of Dietitians;
(B) Texas State Board of Examiners of Marriage and Family Therapists;
(C) Midwifery Board;
(D) Texas State Perfusionist Advisory Committee;
(E) Texas State Board of Examiners of Professional Counselors;
(F) Texas State Board of Social Worker Examiners;
(G) State Board of Examiners for Speech-Language Pathology and Audiology;
(H) Advisory Board of Athletic Trainers;
(I) State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments;
(J) Texas Board of Licensure for Professional Medical Physicists; and
(K) Texas Board of Orthotics and Prosthetics;
(9) Texas Board of Professional Land Surveying;
(10) Texas Department of Licensing and Regulation, except as provided by Section 411.093;
(11) Texas Commission on Environmental Quality;
(12) Texas Board of Occupational Therapy Examiners;
(13) Texas Optometry Board;
(14) Texas State Board of Pharmacy;
(15) Texas Board of Physical Therapy Examiners;
(16) Texas State Board of Plumbing Examiners;
(17) Texas State Board of Podiatric Medical Examiners;
(18) Texas State Board of Examiners of Psychologists;
(19) Texas Real Estate Commission;
(20) Texas Department of Transportation;
(21) State Board of Veterinary Medical Examiners;
(22) Texas Department of Housing and Community Affairs;
(23) secretary of state;
(24) state fire marshal;
(25) Texas Education Agency;
(26) Department of Agriculture; and
(27) Texas Department of Motor Vehicles.