Sec. 411.108.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS LOTTERY COMMISSION.  (a)  The Texas Lottery Commission is entitled to obtain criminal history record information as provided by Subsection (a-2) that relates to a person who, under Section 466.201, is:
(1)  a sales agent or an applicant for a sales agent license;
(2)  a person required to be named in a license application;
(3)  a lottery operator or prospective lottery operator who has submitted a written proposal to the commission in connection with the procurement of lottery operations and services by the commission;
(4)  an employee of a lottery operator or prospective lottery operator, if the employee is or will be directly involved in lottery operations;
(5)  a person who manufactures or distributes lottery equipment or supplies or a representative of a person who manufactures or distributes lottery equipment or supplies offered to the lottery;
(6)  a person who has submitted a written bid or proposal to the commission in connection with the procurement of goods or services by the commission, if the amount of the bid or proposal exceeds $500;
(7)  an employee or other person who works for or will work for a sales agent or an applicant for a sales agent license;
(8)  a person who proposes to enter into or who has a contract with the commission to supply goods or services to the commission;
(9)  if a person described in Subdivisions (1) through (8) of this section is not an individual, an individual who:
(A)  is an officer or director of the person;
(B)  holds more than 10 percent of the stock in the person;
(C)  holds an equitable interest greater than 10 percent in the person;
(D)  is a creditor of the person who holds more than 10 percent of the person's outstanding debt;
(E)  is the owner or lessee of a business that the person conducts or through which the person will conduct lottery-related activities;
(F)  shares or will share in the profits, other than stock dividends, of the person;
(G)  participates in managing the affairs of the person; or
(H)  is an employee of the person who is or will be involved in:
(i)  selling tickets; or
(ii)  handling money from the sale of tickets;
(10)  the executive director or a prospective executive director of the commission;
(11)  an employee or prospective employee of the commission; or
(12)  a sales agent whose license is renewed under Section 466.158.
(a-1)  The Texas Lottery Commission is entitled to obtain criminal history record information as provided by Subsection (a-2) that relates to a person licensed under Chapter 2001, Occupations Code, or described by Section 2001.3025, Occupations Code.
(a-2)  Subject to Sections 411.087, 466.201, and 467.036(b) of this code and Section 2001.3025, Occupations Code, and consistent with the public policy of this state, the Texas Lottery 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 described by Subsection (a) or (a-1); 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) or (a-1).
(b)  The Texas Lottery Commission may not release or disclose to any person criminal history record information obtained from the Federal Bureau of Investigation under Subsection (a-2)(1).  Criminal history record information obtained by the commission under Subsection (a-2)(2) may not be released or disclosed to any person except on court order, with the written consent of the person who is the subject of the criminal history record information, or as provided by Subsection (c) or (d).
(c)  The Texas Lottery Commission is not prohibited from disclosing to the person who is the subject of the criminal history record information obtained under Subsection (a-2)(2) the dates and places of arrests, offenses, and dispositions contained in the information.
(d)  The Texas Lottery Commission is not prohibited from disclosing criminal history record information obtained under Subsection (a-2)(2) in a criminal proceeding or in a hearing conducted by the State Office of Administrative Hearings.
(e)  The Texas Lottery Commission shall destroy criminal history record information that is obtained under this section after the information is used for its authorized purpose.
Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.54, eff. Sept. 1, 1995.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 636 (H.B. 1474), Sec. 41, eff. October 1, 2009.
Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 24, eff. June 13, 2023.