The manufactured housing division may obtain certain criminal history record information, but it must keep most of it confidential and destroy it after use.
Sec. 411.12508. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: MANUFACTURED HOUSING DIVISION. (a) The manufactured housing division of the Texas Department of Housing and Community Affairs is entitled to obtain criminal history record information as provided by Subsection (b) that relates to a person who is: (1) an applicant for or holder of: (A) a manufacturer's license required by Section 1201.101(a), Occupations Code; (B) a retailer's license required by Section 1201.101(b) or (e), Occupations Code; (C) a broker's license required by Section 1201.101(c), Occupations Code; (D) an installer's license required by Section 1201.101(d), Occupations Code; or (E) a salesperson's license required by Section 1201.101(f), Occupations Code; or (2) an owner, officer, or related person or manager of a person described by Subdivision (1). (b) Subject to Section 411.087 of this code and Chapter 1201, Occupations Code, and consistent with the public policy of this state, the manufactured housing division 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 manufactured housing division 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 manufactured housing division under Subsection (b)(2) may not be released or disclosed 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 manufactured housing division 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 manufactured housing division. Certified public documents that contain criminal history record information described by Subsection (b)(2) but that the division does not obtain under that subdivision may be used in a criminal or civil proceeding or in a hearing conducted by the manufactured housing division. (e) The manufactured housing division 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. 47, eff. June 13, 2023. Amended by: Acts 2025, 89th Leg., R.S., Ch. 1155 (S.B. 2587), Sec. 11, eff. September 1, 2025.