The commission must use a uniform criminal history check method, may deny licenses in certain cases, must keep the information confidential except by court order or consent, must destroy it after an eligibility decision, may charge a fee, and unlawful disclosure is a second-degree felony.
Sec. 109.532. CRIMINAL HISTORY BACKGROUND CHECKS. (a) The commission shall establish a uniform method of obtaining criminal history information. The uniform method must require: (1) either a complete set of fingerprints or the complete name of the person being investigated to be submitted to the Department of Public Safety or to another law enforcement agency; and (2) if fingerprints are submitted, the fingerprints must be submitted to the Federal Bureau of Investigation for further information if a relevant disqualifying record or other substantive information is not obtained from a state or local law enforcement agency. (b) The commission may deny a license or permit or the renewal of a license or permit for an applicant if: (1) the commission determines that a previous criminal conviction or deferred adjudication indicates that the applicant is not qualified or suitable for a license or permit; or (2) the applicant fails to provide a complete set of fingerprints if the commission establishes that method of obtaining conviction information. (c) All criminal history information received by the commission is privileged information and is for the exclusive use of the commission. The information may be released or otherwise disclosed to any other person or agency only: (1) on court order; or (2) with the consent of the person being investigated. (d) The commission shall collect and destroy criminal history information relating to a person immediately after the commission makes a decision on the eligibility of the person for registration. (e) A person commits an offense if the person releases or discloses in violation of this section criminal history information received by the commission. An offense under this subsection is a felony of the second degree. (f) The commission may charge a fee to cover the cost of a criminal history background check. Added by Acts 1993, 73rd Leg., ch. 934, Sec. 91, eff. Sept. 1, 1993.