Texas § GV.466.201 - ACCESS TO CRIMINAL HISTORY RECORD INFORMATION

§ GV.466.201. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION

ACCESS TO CRIMINAL HISTORY RECORD INFORMATION. (a) The department is entitled to conduct an investigation of and is entitled to obtain criminal history record information maintained by the Department of Public Safety, the Federal Bureau of Investigation Identification Division, or another law enforcement agency to assist in the investigation of: (1) a sales agent or an applicant for a sales agent license; (2) a person required to be named in a license application; (3) a lottery operator or prospective lottery operator; (4) an employee of a lottery operator or prospective lottery operator, if the employee is or will be directly involved in lottery operations; (5) a person who manufactures or distributes lottery equipment or supplies, or a representative of a person who manufactures or distributes lottery equipment or supplies offered to the lottery; (6) a person who has submitted a written bid or proposal to the department in connection with the procurement of goods or services by the department, if the amount of the bid or proposal exceeds $500; (7) an employee or other person who works for or will work for a sales agent or an applicant for a sales agent license; (8) a person who proposes to enter into or who has a contract with the department to supply goods or services to the department; or (9) if a person described in Subdivisions (1) through (8) is not an individual, an individual who: (A) is an officer or director of the person; (B) holds more than 10 percent of the stock in the person; (C) holds an equitable interest greater than 10 percent in the person; (D) is a creditor of the person who holds more than 10 percent of the person's outstanding debt; (E) is the owner or lessee of a business that the person conducts or through which the person will conduct lottery-related activities; (F) shares or will share in the profits, other than stock dividends, of the person; (G) participates in managing the affairs of the person; or (H) is an employee of the person who is or will be involved in: (i) selling tickets; or (ii) handling money from the sale of tickets. (b) The department shall conduct an investigation of and obtain criminal history record information maintained by the Department of Public Safety, the Federal Bureau of Investigation Identification Division, or another law enforcement agency to assist in the investigation of: (1) a prospective executive director; or (2) a prospective employee of the department who the executive director determines: (A) has or will have access to sensitive or confidential data relating to this chapter or Chapter 2001 , Occupations Code; or (B) has or will have as the employee's or prospective employee's primary role the administration of this chapter or Chapter 2001 , Occupations Code. (c) Not later than the first anniversary after the date of each renewal, the department shall obtain criminal history record information maintained by the Department of Public Safety on a sales agent whose license is renewed under Section 466.158 . Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.25, eff. Sept. 1, 1995. Amended by: Acts 2025, 89th Leg., R.S., Ch. 1160 (S.B. 3070 ), Sec. 27, eff. June 20, 2025.