Sec. 411.1387. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: FACILITY, REGULATORY AGENCY, OR PRIVATE AGENCY. (a) In this section, "facility," "regulatory agency," and "private agency" have the meanings assigned by Section 250.001 , Health and Safety Code. (b) A regulatory agency is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is: (1) an applicant for employment at or an employee of a facility other than a facility licensed under Chapter 142 , Health and Safety Code; or (2) an applicant for employment at or an employee of a facility licensed under Chapter 142 , Health and Safety Code, if the duties of employment involve direct contact with a consumer in the facility. (b-1) A facility or a private agency on behalf of a facility is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is: (1) an applicant for employment with, an employee of, or a volunteer with the facility; (2) an applicant for employment with or an employee of a person or business that contracts with the facility; or (3) a student enrolled in an educational program or course of study who is at the facility for educational purposes. (c) A facility may: (1) obtain directly from the department criminal history record information on a person described by Subsection (b-1); or (2) authorize a private agency to obtain that information from the department. (d) A private agency obtaining criminal history record information on behalf of a facility under Subsection (c) shall forward the information received to the facility requesting the information. (e) Criminal history record information obtained by a facility, regulatory agency, or private agency on behalf of a facility under Subsection (b) or (b-1) 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.
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