Texas Government Code 411.093 – Access to Criminal History Record Information: Texas Department of Licensing and Regulation
(a) The Texas Department of Licensing and Regulation is entitled to obtain criminal history record information as provided by Subsection (b) that relates to:
(1) an applicant for or the holder of:
(A) a driver education instructor license under Chapter 1001, Education Code;
(B) a license under Chapter 202, Occupations Code;
(C) a license under Chapter 401, Occupations Code;
(D) a license under Chapter 402, Occupations Code; or
(E) an instructor license or motorcycle school license under Chapter 662, Transportation Code;
(2) a person who is:
(A) an applicant for or the holder of a license under Chapter 91, Labor Code; or
(B) a controlling person, as defined by Chapter 91, Labor Code, of an entity described by Paragraph (A); or
(3) a person who:
(A) is an applicant for or the holder of a license under Chapter 455, Occupations Code; or
(B) has an interest described under § 455.1525(e), Occupations Code, in an entity described by Paragraph (A).
(b) Subject to § 411.087 and consistent with the public policy of this state, the Texas Department of Licensing and Regulation 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 411.093
- 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
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) The Texas Department of Licensing and Regulation 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 Department of Licensing and Regulation 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 Department of Licensing and Regulation 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 Department of Licensing and Regulation or the State Office of Administrative Hearings.
(e) The Texas Department of Licensing and Regulation shall destroy criminal history record information that is obtained under this section after the information is used for its authorized purpose.