Estates Code § 1104.404

The clerk must get FBI criminal history information for each covered person, and the commission must give the clerk DPS criminal history information. The commission may not share FBI criminal history information for guardian-certification eligibility decisions, and the clerk does not have to get DPS information if the

Jurisdiction: United States — Texas
Instrument: Code
Version: Undated source snapshot
Language: en
Official source: View official record ↗

background checks record dissemination

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Provisions of Estates Code § 1104.404

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1104.404
Estates Code § 1104.404
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The clerk must get FBI criminal history information for each covered person, and the commission must give the clerk DPS criminal history information. The commission may not share FBI criminal history information for guardian-certification eligibility decisions, and the clerk does not have to get DPS information if the Judicial Branch Certification Commission already did the criminal history check.

Sec. 1104.404. EXCEPTION FOR INFORMATION CONCERNING CERTAIN PERSONS. (a) The clerk described by Section 1104.402 is not required to obtain criminal history record information from the Department of Public Safety for a person if the Judicial Branch Certification Commission conducted a criminal history check on the person under Sections 155.203 and 155.207, Government Code. However, the clerk shall obtain criminal history record information from the Federal Bureau of Investigation identification division relating to each person described by Section 1104.402. (b) The commission shall provide to the clerk the criminal history record information that was obtained from the Department of Public Safety. The commission is prohibited from disseminating criminal history record information that was obtained from the Federal Bureau of Investigation under Section 411.1408, Government Code, for purposes of determining whether an applicant is ineligible for certification as a guardian. Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966), Sec. 2.17, eff. September 1, 2014. Acts 2017, 85th Leg., R.S., Ch. 313 (S.B. 1096), Sec. 5, eff. September 1, 2017. Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 5, eff. June 13, 2023.

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Estates Code § 1104.404

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