The state fire marshal may obtain certain criminal history record information for listed fire-related license applicants or holders, but must keep and destroy it under the section’s limits.
Sec. 411.12509. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: STATE FIRE MARSHAL. (a) The state fire marshal is entitled to obtain criminal history record information as provided by Subsection (b) that relates to a person who is an applicant for or holder of: (1) a fire extinguisher license or apprentice permit under Chapter 6001, Insurance Code, including a Type PL, Type A, Type B, or Type K license; (2) a fire alarm license or approval under Chapter 6002, Insurance Code, including: (A) a fire alarm technician license; (B) a residential fire alarm technician license; (C) a fire alarm monitoring technician license; (D) a residential alarm superintendent license; (E) a fire alarm planning superintendent license; (F) a residential fire alarm superintendent single station license; (G) a fire alarm instructor approval; or (H) a fire alarm training school approval; (3) a fire protection sprinkler system contractor registration certificate or a responsible managing employee license under Chapter 6003, Insurance Code, including: (A) a responsible managing employee general license; (B) a responsible managing employee dwelling license; (C) a responsible managing employee underground license; or (D) a responsible managing employee general inspector license; or (4) a license required by Subchapters C and D, Chapter 2154, Occupations Code, including: (A) a pyrotechnic operator's license under Section 2154.154, Occupations Code; (B) a pyrotechnic special effects operator's license under Section 2154.155, Occupations Code; or (C) a flame effect operator's license under Section 2154.156, Occupations Code. (b) Subject to Section 411.087 and consistent with the public policy of this state, the state fire marshal 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). (c) The state fire marshal 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 state fire marshal under Subsection (b)(2) may not be disclosed or released 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 state fire marshal 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 state fire marshal. (e) The state fire marshal shall destroy criminal history record information that is obtained under this section after the information is used for its authorized purpose. Added by Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 48, eff. June 13, 2023. Amended by: Acts 2025, 89th Leg., R.S., Ch. 1155 (S.B. 2587), Sec. 12, eff. September 1, 2025.