Two Texas health agencies may obtain certain criminal history record information, but they must not disclose some FBI-sourced information, must destroy information after use, and may not use certain offenses when deciding whether to hire, retain, or contract.
Sec. 411.110. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: DEPARTMENT OF STATE HEALTH SERVICES AND HEALTH AND HUMAN SERVICES COMMISSION. (a) The Department of State Health Services and the Health and Human Services Commission are entitled to obtain criminal history record information as provided by Subsection (a-1) that relates to a person who is: (1) an applicant for a license or certificate under Chapter 773, Health and Safety Code, an owner or manager of an applicant for an emergency medical services provider license under that chapter, or the holder of a license or certificate under that chapter; (2) an applicant for a license or a license holder under Subchapter I, L, or N, Chapter 431, Health and Safety Code; (3) an applicant for employment at or current employee of: (A) a public health hospital as defined by Section 13.033, Health and Safety Code; or (B) the South Texas Health Care System; (4) an applicant for employment at, current employee of, or person who contracts or may contract to provide goods or services with the Council on Sex Offender Treatment or other division or component of the Health and Human Services Commission that monitors sexually violent predators as described by Section 841.003(a), Health and Safety Code; (5) authorized to access vital records or the vital records electronic registration system under Chapter 191, Health and Safety Code, including an employee of or contractor for the Department of State Health Services, a local registrar, a medical professional, or a funeral director; or (6) an applicant for a license or a license holder under Subchapter C, Chapter 443, Health and Safety Code. (a-1) Subject to Section 411.087 and consistent with the public policy of this state, the Department of State Health Services and the Health and Human Services Commission are 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). (b) The Department of State Health Services or the Health and Human Services Commission, as applicable, may not release or disclose to any person criminal history record information obtained from the Federal Bureau of Investigation under Subsection (a-1)(1). Criminal history record information obtained by the Department of State Health Services or the Health and Human Services Commission under Subsection (a-1)(2) may not be released or disclosed to any person except: (1) on court order; (2) with the written consent of the person who is the subject of the criminal history record information; (3) between the Department of State Health Services and the Health and Human Services Commission to share with the other agency information obtained under this section for the purposes authorized by this section; or (4) as provided by Subsection (e). (c) The Department of State Health Services or the Health and Human Services Commission, as applicable, shall destroy the criminal history record information that is obtained under this section after the information is used for its authorized purpose. (d) Repealed by Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 71(4), eff. June 13, 2023. (e) The Department of State Health Services or the Health and Human Services Commission, as applicable, is not prohibited from disclosing criminal history record information obtained under Subsection (a-1)(2) in a criminal proceeding or in a hearing conducted by that agency. (f) The Department of State Health Services or the Health and Human Services 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. Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993. Amended by: Acts 2005, 79th Leg., Ch. 282 (H.B. 164), Sec. 3(j), eff. September 1, 2005. Acts 2005, 79th Leg., Ch. 1300 (H.B. 2696), Sec. 33, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 7.004, eff. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 1151 (H.B. 2917), Sec. 1, eff. June 19, 2009. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.002, eff. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 5.04, eff. September 1, 2015. Acts 2019, 86th Leg., R.S., Ch. 684 (S.B. 2200), Sec. 1, eff. June 10, 2019. Acts 2019, 86th Leg., R.S., Ch. 1094 (H.B. 2048), Sec. 3, eff. September 1, 2019. Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 26, eff. June 13, 2023. Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 71(4), eff. June 13, 2023.