Sec. 411.1131.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: HEALTH AND HUMAN SERVICES COMMISSION.  (a)  The Health and Human Services Commission is entitled to obtain criminal history record information as provided by Subsection (a-1) that relates to a person who is an applicant for a staff position at an outdoor training program for children who are deaf or hard of hearing conducted by a private entity through a contract with the Health and Human Services Commission in accordance with Section 81.013, Human Resources Code.
(a-1)  Subject to Section 411.087 and consistent with the public policy of this state, the Health and Human Services 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); 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).
(b)  Criminal history record information obtained by the Health and Human Services Commission under Subsection (a-1) may be used only to evaluate an applicant for a staff position at an outdoor training program for children who are deaf or hard of hearing.  The Health and Human Services Commission may release or disclose the information obtained under Subsection (a-1)(2) to a private entity described by Subsection (a) for that purpose.
(c)  The Health and Human Services Commission may not release or disclose to any person criminal history record information obtained from the Federal Bureau of Investigation under Subsection (a-1)(1).  The Health and Human Services Commission may not release or disclose information obtained under Subsection (a-1)(2), except as described by Subsection (b), on court order, or with the consent of the person who is the subject of the criminal history record information.
(d)  The Health and Human Services Commission shall destroy criminal history record information obtained under Subsection (a-1) after the information is used for its authorized purpose.
(e)  This section does not prohibit the Health and Human Services Commission from obtaining and using criminal history record information as provided by other law.
Added by Acts 2003, 78th Leg., ch. 118, Sec. 13, eff. May 23, 2003.
Amended by: 
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 10.09, eff. June 19, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.003, eff. April 2, 2015.
Acts 2019, 86th Leg., R.S., Ch. 684 (S.B. 2200), Sec. 4, eff. June 10, 2019.
Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 30, eff. June 13, 2023.