Sec. 411.12512.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS OPTOMETRY BOARD.  (a)  The Texas Optometry Board is entitled to obtain criminal history record information as provided by Subsection (b) that relates to a person who is:
(1)  an applicant for a license under Section 351.251, Occupations Code; or
(2)  the holder of a license under Section 351.302, Occupations Code.
(b)  Subject to Section 411.087 of this code and Sections 351.2525 and 351.3045, Occupations Code, and consistent with the public policy of this state, the Texas Optometry Board 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 Optometry Board 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 Texas Optometry Board 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 Optometry Board 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 Texas Optometry Board.
(e)  The Texas Optometry Board 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. 51, eff. June 13, 2023.