Texas Government Code 411.090 – Access to Criminal History Record Information: State Board for Educator Certification
(a) The State Board for Educator Certification is entitled to obtain any criminal history record information as provided by Subsection (a-1) about a person who has applied to the board for or who currently holds a certificate under Subchapter B, Chapter 21, Education Code.
(a-1) Subject to § 411.087 and consistent with the public policy of this state, the State Board for Educator Certification 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).
Terms Used In Texas Government Code 411.090
- Arrest: Taking physical custody of a person by lawful authority.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(b) The State Board for Educator Certification may not release or disclose to any person criminal history record information obtained from the Federal Bureau of Investigation under Subsection (a-1)(1). Criminal history record information obtained by the board under Subsection (a-1)(2) in the original form or any subsequent form:
(1) may be used only for a purpose related to the issuance, denial, reprimand, suspension, revocation, or cancellation of a certificate issued by the board;
(2) may not be released to any person except:
(A) to the person who is the subject of the information;
(B) to the Texas Education Agency;
(C) to a local or regional educational entity as provided by § 411.097; or
(D) by court order; and
(3) is not subject to disclosure as provided by Chapter 552.
(c) The department shall notify the State Board for Educator Certification of the arrest of any educator, as defined by § 5.001, Education Code, who has fingerprints on file with the department. Any record of the notification and any information contained in the notification is not subject to disclosure as provided by Chapter 552.
(d) The State Board for Educator Certification is not prohibited from disclosing criminal history record information obtained under Subsection (a-1)(2) in a criminal proceeding or in a hearing conducted by the Texas Education Agency or the State Board for Educator Certification.
(e) The State Board for Educator Certification shall destroy criminal history record information that is obtained under this section after the information is used for its authorized purpose.