1. (a) A facility, a regulatory agency, or a private agency on behalf of a facility is entitled to obtain from the Department of Public Safety of the State of Texas criminal history record information maintained by the Department of Public Safety that relates to a person who is:

   1. (1) an applicant for employment at a facility other than a facility licensed under Chapter 142;
   2. (2) an employee of a facility other than a facility licensed under Chapter 142; or
   3. (3) an applicant for employment at or an employee of a facility licensed under Chapter 142 whose employment duties would or do involve direct contact with a consumer in the facility.

2. (b) A facility may:

   1. (1) pay a private agency to obtain criminal history record information for an applicant or employee described by Subsection (a) directly from the Department of Public Safety of the State of Texas; or
   2. (2) obtain the information directly from the Department of Public Safety.
3. (c) The private agency shall forward criminal history record information received under this section to the facility requesting the information.
4. (d) A regulatory agency may adopt rules relating to the processing of information requested or obtained under this chapter.

Added by Acts 1993, 73rd Leg., ch. 747, Sec. 25, eff. Sept. 1, 1993.

Amended by Acts 1995, 74th Leg., ch. 831, Sec. 1, eff. June 16, 1995;

Acts 2001, 77th Leg., ch. 1025, Sec. 3, eff. Sept. 1, 2001;

Acts 2001, 77th Leg., ch. 1267, Sec. 2, eff. Sept. 1, 2001.

Acts 2011, 82nd Leg., R.S., Ch. 879 (S.B. 223), Sec. 3.02, eff. September 1, 2011.