Sec. 411.13861. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: HEALTH AND HUMAN SERVICES COMMISSION. (a) The Health and Human Services Commission is entitled to obtain from the Department of Public Safety criminal history record information maintained by the Department of Public Safety that relates to a person:

(1) required to undergo a background and criminal history check under Chapter 248A, Health and Safety Code;

(2) who seeks unsupervised visits with a ward of the Health and Human Services Commission, including a relative of the ward;

(3) who is an applicant for employment with the Health and Human Services Commission for a position in which the person, as an employee, would have direct access to residents or clients of a facility regulated by the Health and Human Services Commission, as determined by the executive commissioner of that commission; or

(4) who is an employee of the Health and Human Services Commission and who has direct access to residents or clients of a facility regulated by that commission, as determined by the executive commissioner of that commission.

(b) Criminal history record information obtained under Subsection (a) is for the exclusive use of the Health and Human Services Commission and is privileged and confidential.

(c) Criminal history record information obtained under Subsection (a) may not be released or disclosed to any person or agency except on court order or with the consent of the person who is the subject of the information. The Health and Human Services Commission may destroy the criminal history record information after the information is used for the purposes authorized by this section.

(d) This section does not prohibit the Health and Human Services Commission from obtaining and using criminal history record information as provided by other law.

(e) In this section, "ward" has the meaning assigned by Section 1002.030, Estates Code.

(f) Notwithstanding Subsection (c), the Health and Human Services Commission shall destroy information obtained under Subsection (a)(3) or (4) after the information is used for the purposes authorized by this section.

Added by Acts 2013, 83rd Leg., R.S., Ch. 1168 (S.B. 492), Sec. 2, eff. September 1, 2013.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.006, eff. April 2, 2015.

Acts 2015, 84th Leg., R.S., Ch. 1209 (S.B. 1540), Sec. 2, eff. June 19, 2015.

Acts 2019, 86th Leg., R.S., Ch. 684 (S.B. 2200), Sec. 14, eff. June 10, 2019.

Acts 2019, 86th Leg., R.S., Ch. 684 (S.B. 2200), Sec. 15, eff. June 10, 2019.