Texas § GV.411.105 - ACCESS TO CRIMINAL HISTORY RECORD INFORMATION

§ GV.411.105. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION

ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY. (a) The Texas State Board of Public Accountancy is entitled to obtain criminal history record information as provided by Subsection (b) that relates to: (1) an applicant for a license or certification as a certified public accountant under Chapter 901 , Occupations Code; (2) an applicant to take the uniform certified public accountant examination under Chapter 901 , Occupations Code; (3) an applicant for reinstatement of a license or certificate under Chapter 901 , Occupations Code; (4) an applicant for a license or certification renewal under Chapter 901 , Occupations Code; or (5) an owner or an individual who seeks to become an owner of a certified public accountancy firm if the owner or prospective owner is not a license holder under Chapter 901 , Occupations Code. (b) Subject to Section 411.087 of this code and Section 901.169 , Occupations Code, and consistent with the public policy of this state, the Texas State Board of Public Accountancy is entitled to: (1) obtain through the Federal Bureau of Investigation criminal history record information maintained or indexed by that bureau that pertains to a person described by Subsection (a); and (2) obtain from the department or any other criminal justice agency in this state criminal history record information maintained by the department or that criminal justice agency that relates to a person described by Subsection (a). (c) The Texas State Board of Public Accountancy may not release or disclose to any person criminal history record information obtained from the Federal Bureau of Investigation under Subsection (b)(1). Criminal history record information obtained by the board under Subsection (b)(2) may not be released or disclosed to any person except on court order, with the written consent of the person who is the subject of the criminal history record information, or as provided by Subsection (d). (d) The board is not prohibited from disclosing criminal history record information obtained under Subsection (b)(2) in a criminal proceeding or in a hearing conducted by or on behalf of the board. (e) The board shall destroy criminal history record information that is obtained under this section after the information is used for its authorized purpose. Added by Acts 1993, 73rd Leg., ch. 790, Sec. 35, eff. Sept. 1, 1993. Amended by Acts 2003, 78th Leg., ch. 296, Sec. 6, eff. Sept. 1, 2003. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093 ), Sec. 9.002, eff. September 1, 2013. Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123 ), Sec. 21, eff. June 13, 2023.