The Texas Juvenile Justice Department may obtain certain criminal history record information, may not release it except in listed situations, and must destroy some records after certification.
Sec. 411.1141. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS JUVENILE JUSTICE DEPARTMENT. (a) The Texas Juvenile Justice Department is entitled to obtain from the department criminal history record information maintained by the department that relates to: (1) a person described by Section 242.010(b), Human Resources Code; (2) an applicant for a certification from the Texas Juvenile Justice Department; (3) a holder of a certification from the Texas Juvenile Justice Department; (4) a child committed to the custody of the Texas Juvenile Justice Department by a juvenile court; (5) a person requesting visitation access to a facility of the Texas Juvenile Justice Department; or (6) any person, as necessary to conduct an evaluation of the home under Section 245.051(a), Human Resources Code. (b) Criminal history record information obtained by the Texas Juvenile Justice Department under Subsection (a) may not be released to any person except: (1) on court order; (2) with the consent of the entity or person who is the subject of the criminal history record information; (3) for purposes of an administrative hearing held, or an investigation conducted, by the Texas Juvenile Justice Department concerning the person who is the subject of the criminal history record information; (4) a juvenile board by which a certification applicant or holder is employed; or (5) as provided by Subsection (c) or (f). (c) The Texas Juvenile Justice Department is not prohibited from releasing criminal history record information obtained under Subsection (a) to: (1) the person who is the subject of the criminal history record information; or (2) a business entity or person described by Subsection (a)(1) who uses or intends to use the services of the volunteer or intern or employs or is considering employing the person who is the subject of the criminal history record information. (d) The Texas Juvenile Justice Department may charge an entity or a person who requests criminal history record information under Subsection (c)(2) a fee in an amount necessary to cover the costs of obtaining the information on the person's or entity's behalf. (e) After a person is certified by the Texas Juvenile Justice Department, the Texas Juvenile Justice Department shall destroy the criminal history record information that relates to a person described by Subsection (a)(2). (f) The Texas Juvenile Justice Department is not prohibited from disclosing criminal history record information obtained under Subsection (a) in a criminal proceeding or in a hearing conducted by the Texas Juvenile Justice Department. Added by Acts 1997, 75th Leg., ch. 320, Sec. 1, eff. May 26, 1997. Renumbered from Sec. 411.132 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(34), eff. Sept. 1, 1999. Amended by: Acts 2007, 80th Leg., R.S., Ch. 263 (S.B. 103), Sec. 16, eff. June 8, 2007. Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 3.011, eff. September 1, 2011. Acts 2013, 83rd Leg., R.S., Ch. 1033 (H.B. 2733), Sec. 1, eff. September 1, 2013.