Sec. 411.082.  DEFINITIONS.  In this subchapter:
(1)  "Administration of criminal justice" has the meaning assigned by Article 66.001, Code of Criminal Procedure.
(1-a)  "Applicant" means an individual who submits an application for employment, licensure, certification, or registration that requires the department to conduct a background check using criminal history record information.
(1-b)  "Application" means an application submitted by hard copy or electronically for employment, licensure, certification, or registration that requires the department to conduct a background check using criminal history record information.
(2)  "Criminal history record information" means information collected about a person by a criminal justice agency that consists of identifiable descriptions and notations of arrests, detentions, indictments, informations, and other formal criminal charges and their dispositions.  The term does not include:
(A)  identification information, including fingerprint records, to the extent that the identification information does not indicate involvement of the person in the criminal justice system;  or
(B)  driving record information maintained by the department under Subchapter C, Chapter 521, Transportation Code.
(3)  "Criminal justice agency" means:
(A)  a federal or state agency that is engaged in the administration of criminal justice under a statute or executive order and that allocates a substantial portion of its annual budget to the administration of criminal justice;  or
(B)  a nongovernmental railroad or campus police department that has obtained an originating agency identifier from the Federal Bureau of Investigation.
(4)  "Criminal justice purpose" means:
(A)  an activity that is included in the administration of criminal justice;  or
(B)  screening of applicants for employment with a criminal justice agency.
(5)  "Office of capital and forensic writs" means the office of capital and forensic writs established under Subchapter B, Chapter 78.
(6)  "Public defender's office" has the meaning assigned by Article 26.044(a), Code of Criminal Procedure.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.190, eff. Sept. 1, 1997.
Amended by: 
Acts 2013, 83rd Leg., R.S., Ch. 1188 (S.B. 1044), Sec. 1, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1215 (S.B. 1743), Sec. 23, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 4.10, eff. January 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 11, eff. June 13, 2023.