Texas § ES.1104.402 - DUTY TO OBTAIN CRIMINAL HISTORY RECORD INFORMATION
Full text of Texas The Texas Constitution § ES.1104.402 — DUTY TO OBTAIN CRIMINAL HISTORY RECORD INFORMATION, with citation guidance and answers to common questions.
§ ES.1104.402. DUTY TO OBTAIN CRIMINAL HISTORY RECORD INFORMATION
DUTY TO OBTAIN CRIMINAL HISTORY RECORD INFORMATION; AUTHORITY TO CHARGE FEE. (a) Except as provided by Section 1104.404 or 1104.406 (a), the clerk of the county having venue of the proceeding for the appointment of a guardian shall, based on information provided in an application filed under Section 1101.001 , obtain criminal history record information that is maintained by the Department of Public Safety or the Federal Bureau of Investigation identification division relating to any person, other than an attorney or a person who is a certified guardian, proposed to serve as a guardian under this title, including: (1) a proposed temporary guardian; (2) a proposed successor guardian; or (3) any person who will have care and custody of the proposed ward or the proposed ward's estate on behalf of the proposed guardian and who is not otherwise required to submit to a criminal background check under this section. (a-1) A proposed guardian who is an attorney or a certified guardian shall provide to the court the name, address, phone number, and date of birth of any person who will have care and custody of the proposed ward or the proposed ward's estate on the proposed guardian's behalf. If the person having care and custody of the proposed ward or the proposed ward's estate on the proposed guardian's behalf is not also a certified guardian, the clerk shall obtain criminal history record information for that person as specified by Subsection (a). (b) The clerk may charge a $10 fee to recover the costs of obtaining criminal history record information under Subsection (a). Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759 ), Sec. 1.02, eff. January 1, 2014. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1031 (H.B. 1438 ), Sec. 16, eff. September 1, 2015. Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123 ), Sec. 4, eff. June 13, 2023. Acts 2025, 89th Leg., R.S., Ch. 1155 (S.B. 2587 ), Sec. 19, eff. September 1, 2025. Acts 2025, 89th Leg., R.S., Ch. 1155 (S.B. 2587 ), Sec. 20, eff. September 1, 2025.
Source: official Texas text · Last verified 2026-08-27
Frequently Asked Questions About Texas § ES.1104.402
What does The Texas Constitution § ES.1104.402 cover?
Section ES.1104.402 ("DUTY TO OBTAIN CRIMINAL HISTORY RECORD INFORMATION") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Texas § ES.1104.402?
A common citation format is "The Texas Constitution § ES.1104.402" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Texas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.
How does Texas § ES.1104.402 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Texas.