Sec. 411.12502.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:  TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL.  (a)  The Texas Behavioral Health Executive Council is entitled to obtain criminal history record information as provided by Subsection (b) that relates to a person who is an applicant for or licensed as:
(1)  a licensed psychologist, licensed psychological associate, or licensed specialist in school psychology under Chapter 501, Occupations Code;
(2)  a licensed marriage and family therapist or licensed marriage and family therapist associate under Chapter 502, Occupations Code;
(3)  a licensed professional counselor or licensed professional counselor associate under Chapter 503, Occupations Code; or
(4)  a licensed baccalaureate social worker, licensed master social worker, or licensed clinical social worker under Chapter 505, Occupations Code.
(b)  Subject to Section 411.087 and consistent with the public policy of this state, the Texas Behavioral Health Executive Council 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).
(c)  The Texas Behavioral Health Executive Council may not release or disclose to any person criminal history record information obtained from the Federal Bureau of Investigation under Subsection (b)(1).  Criminal history record information obtained by the executive council under Subsection (b)(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 (d).
(d)  The Texas Behavioral Health Executive Council is not prohibited from disclosing criminal history record information obtained under Subsection (b)(2) in a criminal proceeding or in a hearing conducted by the executive council or the State Office of Administrative Hearings.
(e)  The Texas Behavioral Health Executive Council shall destroy criminal history record information that is obtained under this section after the information is used for its authorized purpose.
Added by Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 41, eff. June 13, 2023.