The Texas Funeral Service Commission may obtain certain criminal history record information, but it cannot freely disclose it and must destroy it after the authorized use is finished.
Sec. 411.12507. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS FUNERAL SERVICE COMMISSION. (a) The Texas Funeral Service Commission is entitled to obtain criminal history record information as provided by Subsection (b) that relates to: (1) a person who is: (A) an applicant for a license or certificate under Sections 651.259 and 651.302, Occupations Code; or (B) the holder of a license or certificate under Chapter 651, Occupations Code; (2) an applicant for a license or a license holder under Chapter 651, Occupations Code; (3) an applicant for employment at or current employee of the Texas Funeral Service Commission; or (4) a person authorized to access vital records or the vital records electronic registration system under Chapter 191, Health and Safety Code, or a funeral director. (b) Subject to Section 411.087 and consistent with the public policy of this state, the Texas Funeral Service Commission 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 Texas Funeral Service Commission 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 Texas Funeral Service Commission 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 Texas Funeral Service Commission 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 Texas Funeral Service Commission. (e) The Texas Funeral Service Commission may not consider offenses described by Section 542.304, Transportation Code, to determine whether to hire or retain an employee or to contract with a person on whom criminal history record information is obtained under this section. (f) The Texas Funeral Service Commission 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. 46, eff. June 13, 2023.