Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2024 | Updated by FindLaw Staff
(a) In this section, “commission” means the Health and Human Services Commission.
(b) The executive commissioner of the commission, or the executive commissioner's designee, is entitled to obtain criminal history record information as provided by Subsection (b-1) that relates to a person who is:
(1) an applicant for a position in which the person, as an employee, contractor, or volunteer, would have access to sensitive personal or financial information, as determined by the executive commissioner, in:
(A) the eligibility services division of the commission as established under Section 531.008;
(B) the commission's office of inspector general as established by Section 531.008 and Subchapter C, Chapter 531; or
(C) the regulatory division of the commission as established under Section 531.008; or
(2) an employee of or a contractor or volunteer for the commission who has access to sensitive personal or financial information, as determined by the executive commissioner.
(b) The commission is entitled to obtain criminal history record information as provided by Subsection (b-1) that relates to a person who is required to be fingerprinted and is:
(1) an applicant for an employment or volunteer position or an applicant for a contract with the commission in which the person, as an employee, volunteer, or contractor, an applicable, would have access to sensitive personal or financial information, as determined by the executive commissioner, in:
(A) the eligibility services division of the commission;
(B) the commission's office of inspector general; or
(C) the regulatory services division of the commission; or
(2) an employee, volunteer, or contractor of the commission who has access to sensitive personal or financial information, as determined by the executive commissioner.
(b-1) Subject to Section 411.087 and consistent with the public policy of this state, the commission 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 (b); 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 (b).
(b-1) Subject to Section 411.087, the commission 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 (b); and
(2) obtain from the department or any other criminal justice agency in this state criminal history record information maintained by the department or other agency that relates to a person described by Subsection (b).
(c) The commission may not release or disclose to any person criminal history record information obtained from the Federal Bureau of Investigation under Subsection (b-1)(1). Criminal history record information obtained by the executive commissioner of the commission, or by the executive commissioner's designee, under Subsection (b-1)(2) may not be released or disclosed, except:
(1) if the information is in a public record at the time the information is obtained;
(2) on court order;
(3) to a criminal justice agency, upon request;
(4) with the consent of the person who is the subject of the criminal history record information; or
(5) as provided by Subsection (d).
(c) Criminal history record information obtained by the commission under Subsection (b-1)(2) may not be released or disclosed, except:
(1) if the information is in a public record at the time the information is obtained;
(2) on court order;
(3) to a criminal justice agency, upon request;
(4) with the consent of the person who is the subject of the criminal history record information; or
(5) as provided by Subsection (d).
(c-1) Criminal history record information obtained by the commission under Subsection (b-1)(1) may not be released or disclosed to any person.
(d) The commission is not prohibited from disclosing criminal history record information obtained under Subsection (b-1)(2) in a criminal proceeding or in a hearing conducted by the commission.
(d) The commission is not prohibited from disclosing criminal history record information obtained under Subsection (b-1)(2) in a criminal proceeding or in a hearing conducted by the commission.
(e) The executive commissioner shall destroy criminal history record information obtained under this section as soon as practicable after the information is used for its authorized purpose.
(e) The commission shall destroy all criminal history record information obtained under this section as soon as practicable after the information is used for its authorized purpose.
(f) This section does not prohibit the commission from obtaining and using criminal history record information as provided by other law.
(f) This section does not prohibit the commission from obtaining and using criminal history record information as provided by other law.
Cite this article: FindLaw.com - Texas Government Code - GOV'T § 411.1106. Access to Criminal History Record Information: Health and Human Services Commission - last updated January 01, 2024 | https://codes.findlaw.com/tx/government-code/gov-t-sect-411-1106/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)