The department must treat its criminal history record information as confidential and generally may not disseminate it, except in the situations listed here.
Sec. 411.083. DISSEMINATION OF CRIMINAL HISTORY RECORD INFORMATION. (a) Criminal history record information maintained by the department is confidential information for the use of the department and, except as provided by this subchapter or Subchapter E-1, may not be disseminated by the department. (b) The department shall grant access to criminal history record information to: (1) criminal justice agencies; (2) noncriminal justice agencies authorized by federal statute or executive order or by state statute to receive criminal history record information; (3) the person who is the subject of the criminal history record information; (4) a person, including a research organization or public or private institution of higher education, working on a research or statistical project that is related to the administration of criminal justice and approved by the department and that: (A) is funded in whole or in part by a criminal justice grant or government funds; or (B) meets the requirements of Part 22, Title 28, Code of Federal Regulations; (5) an individual or an agency that has a specific agreement with a criminal justice agency to provide services required for the administration of criminal justice under that agreement, if the agreement: (A) specifically authorizes access to information; (B) limits the use of information to the purposes for which it is given; (C) ensures the security and confidentiality of the information; (D) provides for sanctions if a requirement imposed under Paragraph (A), (B), or (C) is violated; and (E) requires the individual or agency to perform the applicable services in a manner prescribed by the department; (6) an individual or an agency that has a specific agreement with a noncriminal justice agency to provide services related to the use of criminal history record information disseminated under this subchapter, if the agreement: (A) specifically authorizes access to information; (B) limits the use of information to the purposes for which it is given; (C) ensures the security and confidentiality of the information; (D) provides for sanctions if a requirement imposed under Paragraph (A), (B), or (C) is violated; and (E) requires the individual or agency to perform the applicable services in a manner prescribed by the department; (7) a county or district clerk's office; and (8) the Office of Court Administration of the Texas Judicial System. (c) The department may disseminate criminal history record information under Subsection (b)(1) only for a criminal justice purpose. The department may disseminate criminal history record information under Subsection (b)(2) only for a purpose specified in the statute or order. The department may disseminate criminal history record information under Subsection (b)(4), (5), or (6) only for a purpose approved by the department and only under rules adopted by the department. The department may disseminate criminal history record information under Subsection (b)(7) only to the extent necessary for a county or district clerk to perform a duty imposed by law to collect and report criminal court disposition information. Criminal history record information disseminated to a clerk under Subsection (b)(7) may be used by the clerk only to ensure that information reported by the clerk to the department is accurate and complete. The dissemination of information to a clerk under Subsection (b)(7) does not affect the authority of the clerk to disclose or use information submitted by the clerk to the department. The department may disseminate criminal history record information under Subsection (b)(8) only to the extent necessary for the office of court administration to perform a duty imposed by law, including the development and maintenance of the public safety report system as required by Article 17.021, Code of Criminal Procedure, or to compile court statistics or prepare reports. The office of court administration may disclose criminal history record information obtained from the department under Subsection (b)(8): (1) in a public safety report prepared under Article 17.022, Code of Criminal Procedure; or (2) in a statistic compiled by the office or a report prepared by the office, but only in a manner that does not identify the person who is the subject of the information. (d) The department is not required to release or disclose criminal history record information to any person that is not in compliance with rules adopted by the department under this subchapter or rules adopted by the Federal Bureau of Investigation that relate to the dissemination or use of criminal history record information. Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993. Amended by Acts 2001, 77th Leg., ch. 474, Sec. 4, eff. Sept. 1, 2001. Amended by: Acts 2007, 80th Leg., R.S., Ch. 1372 (S.B. 9), Sec. 17, eff. June 15, 2007. Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 10.02, eff. June 19, 2009. Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 21, eff. September 1, 2015. Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6), Sec. 18(a), eff. December 2, 2021. Acts 2023, 88th Leg., R.S., Ch. 905 (H.B. 1184), Sec. 1, eff. September 1, 2023.