Government Code § 411.12505

Sec. 411.12505. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: QUALIFIED SCHOOL CONTRACTORS. (a) In this section, "qualified school contractor" means an entity that: (1) contracts or subcontracts to provide services to a school district, charter school, or shared services arrangement; and (2) is determined eligible by the department to obtain criminal history record information under the National Child Protection Act of 1993 (34 U.S.C. Section 40101 et seq.) for an employee, applicant for employment, or volunteer of the qualified school contractor. (b) A qualified school contractor is entitled to 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)(2). (c) Criminal history record information obtained by a qualified school contractor under Subsection (b) in the original form or any subsequent form: (1) may not be released to any person except: (A) to the person who is the subject of the information; (B) with the consent of the person who is the subject of the information; (C) by court order; or (D) except as provided by Subsection (d); and (2) is not subject to disclosure as provided by Chapter 552. (d) A qualified school contractor may provide a fitness determination based on criminal history record information obtained under this section to a school district, charter school, or shared services arrangement. (e) A qualified school contractor shall destroy criminal history record information that is obtained under this section after the information is used for its authorized purpose. (f) The department in coordination with the commissioner of education may adopt rules necessary to implement this section. Added by Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 44, eff. June 13, 2023.