The Texas Real Estate Commission and the Texas Appraiser Licensing and Certification Board may obtain certain criminal history record information for specified license and registration applicants, but they may not disclose FBI-sourced information to anyone and must destroy the information after its authorized use.
Sec. 411.12515. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS REAL ESTATE COMMISSION AND TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD. (a) In this section: (1) "Board" means the Texas Appraiser Licensing and Certification Board. (2) "Commission" means the Texas Real Estate Commission. (b) The commission is entitled to obtain criminal history record information as provided by Subsection (d) that relates to: (1) an applicant for an initial broker or sales agent license or renewal of a broker or sales agent license under Chapter 1101, Occupations Code; (2) an applicant for an original certificate of registration as an easement or right-of-way agent or renewal of a certificate of registration as an easement or right-of-way agent under Chapter 1101, Occupations Code; or (3) an applicant for an apprentice inspector license, a real estate inspector license, or a professional inspector license or renewal of an apprentice inspector license, a real estate inspector license, or a professional inspector license under Chapter 1102, Occupations Code. (c) The board is entitled to obtain criminal history record information as provided by Subsection (d) that relates to: (1) an applicant for an appraiser trainee license, a residential appraiser license, a residential appraiser certificate, or a general appraiser certificate or renewal of an appraiser trainee license, a residential appraiser license, a residential appraiser certificate, or a general appraiser certificate under Chapter 1103, Occupations Code; or (2) an applicant for registration or renewal of a registration as an appraisal management company under Chapter 1104, Occupations Code. (d) Subject to Section 411.087 of this code and Sections 1101.3521, 1101.4521, 1101.5041, 1102.1051, and 1103.2031, Occupations Code, and consistent with the public policy of this state, the commission and the board 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 (b) or (c); 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 (b) or (c). (e) The commission or the board, as applicable, may not release or disclose to any person criminal history record information obtained from the Federal Bureau of Investigation under Subsection (d)(1). The commission or the board, as applicable, is not prohibited from disclosing criminal history record information obtained under Subsection (d)(2) in a criminal proceeding or in a hearing conducted by the State Office of Administrative Hearings on behalf of that agency. (f) The commission or board 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. 54, eff. June 13, 2023.