Texas Government Code - Section 411.083. Dissemination Of Criminal History Record Information
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§ 411.083. DISSEMINATION OF CRIMINAL HISTORY RECORD
INFORMATION. (a) Criminal history record information maintained
by the department is confidential information for the use of the
department and, except as provided by this subchapter, may not be
disseminated by the department.
(b) The department shall grant access to criminal history
record information to:
(1) criminal justice agencies;
(2) noncriminal justice agencies authorized by
federal statute or executive order or by state statute to receive
criminal history record information;
(3) the person who is the subject of the criminal
history record information;
(4) a person working on a research or statistical
project that:
(A) is funded in whole or in part by state funds;
or
(B) meets the requirements of Part 22, Title 28,
Code of Federal Regulations, and is approved by the department;
(5) an individual or an agency that has a specific
agreement with a criminal justice agency to provide services
required for the administration of criminal justice under that
agreement, if the agreement:
(A) specifically authorizes access to
information;
(B) limits the use of information to the purposes
for which it is given;
(C) ensures the security and confidentiality of
the information; and
(D) provides for sanctions if a requirement
imposed under Paragraph (A), (B), or (C) is violated;
(6) a county or district clerk's office; and
(7) the Office of Court Administration of the Texas
Judicial System.
(c) The department may disseminate criminal history record
information under Subsection (b)(1) only for a criminal justice
purpose. The department may disseminate criminal history record
information under Subsection (b)(2) only for a purpose specified in
the statute or order. The department may disseminate criminal
history record information under Subsection (b)(4) or (b)(5) only
for a purpose approved by the department and only under rules
adopted by the department. The department may disseminate criminal
history record information under Subsection (b)(6) only to the
extent necessary for a county or district clerk to perform a duty
imposed by law to collect and report criminal court disposition
information. Criminal history record information disseminated to a
clerk under Subsection (b)(6) may be used by the clerk only to
ensure that information reported by the clerk to the department is
accurate and complete. The dissemination of information to a clerk
under Subsection (b)(6) does not affect the authority of the clerk
to disclose or use information submitted by the clerk to the
department. The department may disseminate criminal history record
information under Subsection (b)(7) only to the extent necessary
for the office of court administration to perform a duty imposed by
law to compile court statistics or prepare reports. The office of
court administration may disclose criminal history record
information obtained from the department under Subsection (b)(7) in
a statistic compiled by the office or a report prepared by the
office, but only in a manner that does not identify the person who
is the subject of the information.
(d) The department is not required to release or disclose
criminal history record information to any person that is not in
compliance with rules adopted by the department under this
subchapter or rules adopted by the Federal Bureau of Investigation
that relate to the dissemination or use of criminal history record
information.
Added by Acts 1993, 73rd Leg., ch. 790, § 35, eff. Sept. 1, 1993.
Amended by Acts 2001, 77th Leg., ch. 474, § 4, eff. Sept. 1,
2001.
Section: 411.064 411.0645 411.065 411.066 411.067 411.081 411.082 411.083 411.084 411.085 411.086 411.087 411.088 411.089 411.090
Last modified: August 11, 2007
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