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Texas Occupations Code - Section 110.156. Adjudication Information

Legal Research Home > Texas Lawyer > Occupations Code > Texas Occupations Code - Section 110.156. Adjudication Information

§ 110.156. ADJUDICATION INFORMATION.  (a) The council 
shall establish a uniform method of obtaining adjudication 
information.  The uniform method must require that:
		(1)  a complete set of fingerprints, the complete name 
of the person being investigated, or other information necessary to 
conduct a criminal history background check be submitted to the 
Department of Public Safety or another law enforcement agency;  and
		(2)  if fingerprints are submitted, the fingerprints be 
submitted to the Federal Bureau of Investigation for further 
information if a relevant disqualifying record or other substantive 
information is not obtained from a state or local law enforcement 
agency.
	(b)  A law enforcement agency may provide to the council 
information about the conviction or deferred adjudication of a 
person being investigated only if the information:
		(1)  is relevant to the person's current or proposed 
registration;  and     
		(2)  was collected in accordance with this section.                           
	(c)  The council is not entitled to adjudication information 
that is not relevant.  Adjudication information is relevant only if 
it relates to a conviction or deferred adjudication for:
		(1)  a sexual offense;                                                        
		(2)  murder, assault, battery, or any other offense 
involving personal injury or threat to another person;  or
		(3)  a felony not listed in Subdivision (1) or (2).                           
	(d)  All adjudication information received by the council is 
privileged information and for the exclusive use of the council.  
The information may be released or otherwise disclosed to any other 
person or agency only:
		(1)  on court order;  or                                                      
		(2)  with the consent of the person being investigated.                       
	(e)  The council by rule shall establish a method to collect 
and destroy adjudication information after the council makes a 
decision on the eligibility of the person for registration who is 
the subject of the information.  The council shall destroy the 
adjudication information not later than the first anniversary of 
the date of the council's decision on the person's eligibility for 
registration.

Added by Acts 2003, 78th Leg., ch. 1276, § 14.005(a), eff. Sept. 
1, 2003.

Last modified: August 10, 2007