Sec. 411.122. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: LICENSING OR REGULATORY AGENCY. (a) Except as provided by Subsection (c)(2), an agency of this state listed in Subsection (d) or a political subdivision of this state covered by Chapter 53, Occupations Code, that licenses or regulates members of a particular trade, occupation, business, vocation, or profession is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who:

(1) is an applicant for a license from the agency;

(2) is the holder of a license from the agency; or

(3) requests a determination of eligibility for a license from the agency.

(b) A municipality or county that requires a sexually oriented business to obtain a license or other permit under Section 243.007, Local Government Code, is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who:

(1) is an applicant for a license or other permit for a sexually oriented business issued by the municipality or county;

(2) is the holder of a license or other permit for a sexually oriented business issued by the municipality or county; or

(3) requests a determination of eligibility for a license or other permit for a sexually oriented business issued by the municipality or county.

(c) This section does not apply to an agency that is:

(1) specifically authorized by this subchapter or Subchapter E-1 to obtain criminal history record information from the department; or

(2) covered by Section 53.002, Occupations Code, to the extent provided by that section.

Text of subsection as amended by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 3.002

(d) The following state agencies are subject to this section:

(1) Texas Appraiser Licensing and Certification Board;

(2) Texas Board of Architectural Examiners;

(3) Texas Board of Chiropractic Examiners;

(4) State Board of Dental Examiners;

(5) Texas Board of Professional Engineers;

(6) Texas Funeral Service Commission;

(7) Texas Board of Professional Geoscientists;

(8) Health and Human Services Commission, except as provided by Section 411.110, and agencies attached to the commission;

(9) Texas Board of Professional Land Surveying;

(10) Texas Department of Licensing and Regulation, except as provided by Section 411.093;

(11) Texas Commission on Environmental Quality;

(12) Texas Board of Occupational Therapy Examiners;

(13) Texas Optometry Board;

(14) Texas State Board of Pharmacy;

(15) Texas Board of Physical Therapy Examiners;

(16) Texas State Board of Plumbing Examiners;

(17) Texas Behavioral Health Executive Council;

(18) Texas Real Estate Commission;

(19) Texas Department of Transportation;

(20) State Board of Veterinary Medical Examiners;

(21) Texas Department of Housing and Community Affairs;

(22) secretary of state;

(23) state fire marshal;

(24) Texas Education Agency;

(25) Department of Agriculture; and

(26) Texas Department of Motor Vehicles.

Text of subsection as amended by Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523), Sec. 2.02

(d) The following state agencies are subject to this section:

(1) Texas Appraiser Licensing and Certification Board;

(2) Texas Board of Architectural Examiners;

(3) Texas Board of Chiropractic Examiners;

(4) State Board of Dental Examiners;

(5) Texas Board of Professional Engineers and Land Surveyors;

(6) Texas Funeral Service Commission;

(7) Texas Board of Professional Geoscientists;

(8) Health and Human Services Commission, except as provided by Section 411.110, and agencies attached to the commission, including:

(A) Texas State Board of Examiners of Marriage and Family Therapists;

(B) Texas State Board of Examiners of Professional Counselors; and

(C) Texas State Board of Social Worker Examiners;

(9) Texas Department of Licensing and Regulation, except as provided by Section 411.093;

(10) Texas Commission on Environmental Quality;

(11) Texas Board of Occupational Therapy Examiners;

(12) Texas Optometry Board;

(13) Texas State Board of Pharmacy;

(14) Texas Board of Physical Therapy Examiners;

(15) Texas State Board of Plumbing Examiners;

(16) Texas State Board of Examiners of Psychologists;

(17) Texas Real Estate Commission;

(18) Texas Department of Transportation;

(19) State Board of Veterinary Medical Examiners;

(20) Texas Department of Housing and Community Affairs;

(21) secretary of state;

(22) state fire marshal;

(23) Texas Education Agency;

(24) Department of Agriculture; and

(25) Texas Department of Motor Vehicles.

Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.757, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 83, Sec. 1, 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 296, Sec. 13(4), eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 798 (S.B. 411), Sec. 4.02, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch. 213 (S.B. 1005), Sec. 26, eff. May 27, 2009.

Acts 2009, 81st Leg., R.S., Ch. 335 (H.B. 960), Sec. 1, eff. June 19, 2009.

Acts 2009, 81st Leg., R.S., Ch. 450 (H.B. 2447), Sec. 38, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 3E.01, eff. September 1, 2009.

Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 11.006, eff. September 1, 2011.

Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 25, eff. September 1, 2015.

Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 8.005, eff. September 1, 2017.

Acts 2019, 86th Leg., R.S., Ch. 684 (S.B. 2200), Sec. 11, eff. June 10, 2019.

Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 3.002, eff. September 1, 2019.

Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523), Sec. 2.02, eff. September 1, 2019.