Estates Code § 1104.405

Sec. 1104.405. INFORMATION FOR EXCLUSIVE USE OF COURT. (a) Criminal history record information obtained or provided under Section 1104.402 or 1104.404 is privileged and confidential and is for the exclusive use of the court. The criminal history record information may not be released or otherwise disclosed to any person or agency except on court order. The court may use the criminal history record information only to determine whether to: (1) appoint, remove, or continue the appointment of a private professional guardian, a guardianship program, or the Health and Human Services Commission; or (2) appoint any person proposed to serve as a guardian under this title, including a proposed temporary guardian, a proposed successor guardian, or any person who will have care or custody of the proposed ward or the proposed ward's estate on behalf of the proposed guardian, other than an attorney or a certified guardian. (b) The county clerk may destroy the criminal history record information after the information is used for the purposes authorized by this subchapter. Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014. Amended by: Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 6, eff. June 13, 2023. Acts 2025, 89th Leg., R.S., Ch. 1155 (S.B. 2587), Sec. 21, eff. September 1, 2025.