Texas Government Code 411.12506 – Access to Criminal History Record Information: Texas Commission On Environmental Quality
(a) The Texas Commission on Environmental Quality is entitled to obtain criminal history record information as provided by Subsection (b) that relates to a person who:
(1) is an applicant for a license, permit, or registration under:
(A) Chapters 341, 361, and 366, Health and Safety Code;
(B) Chapter 1903, Occupations Code; or
(C) Chapters 26 and 37, Water Code;
(2) is the holder of a license, permit, or registration under a provision listed in Subdivision (1); or
(3) requests a determination of eligibility for a license, permit, or registration from the agency under a provision listed in Subdivision (1).
(b) Subject to § 411.087 and consistent with the public policy of this state, the Texas Commission on Environmental Quality 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 411.12506
- 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 Commission on Environmental Quality 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 Commission on Environmental Quality 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 Commission on Environmental Quality is not prohibited from disclosing criminal history record information obtained under Subsection (b)(2) in a criminal proceeding or in an administrative proceeding conducted by the Texas Commission on Environmental Quality or the State Office of Administrative Hearings.
(e) The Texas Commission on Environmental Quality shall destroy criminal history record information that is obtained under this section after the information is used for its authorized purpose.