Criminal History Record System: Part 6

DUTIES OF LICENSING AGENCIES TO PROVIDE INFORMATION REGARDING LICENSE HOLDERS 

The Texas Medical Board, the Texas Department of Licensing and Regulation shall provide to the Department of Public Safety through electronic means, magnetic tape, or disk, as specified by the department, a list of each person licensed by the respective agency, including the person’s name and date of birth and any other personal descriptive information required by the department. Each agency shall update the information and submit the updated information quarterly to the department. 

The Department of Public Safety shall: 

– perform at least quarterly a computer match of the licensing list against the convictions maintained in the computerized criminal history system; and 

– report to the appropriate licensing agency for verification and administrative action, as considered appropriate by the licensing agency, the name of any person found to have a record of conviction, other than a defendant whose prosecution is deferred during a period of community supervision without an adjudication of guilt or a plea of guilty. 

The Department of Public Safety may charge a licensing agency a fee not to exceed the actual direct cost incurred by the department in performing a computer match and reporting to the agency. 

INFORMATION RELATED TO MISUSED IDENTITY 

On receipt of information from a local law enforcement agency, the Department of Public Safety shall: 

– provide the notice to the person whose identity was misused, if the local law enforcement agency was unable to notify the person under that subdivision; 

– take action to ensure that the information maintained in the computerized criminal history system reflects the use of the person’s identity as a stolen alias; and 

– notify the Texas Department of Criminal Justice that the person’s identifying information may have been falsely used by an inmate in the custody of the Texas Department of Criminal Justice. 

– On receipt of a declaration, or on receipt of information similar to that contained in a declaration, the Department of Public Safety shall separate information maintained in the computerized criminal history system regarding an individual whose identity has been misused from information maintained in that system regarding the person who misused the identity. 

INFORMATION RELATED TO NON-FINGERPRINT SUPPORTED ACTIONS 

On receipt of a report of prosecution or court disposition information from a jurisdiction for which corresponding arrest data does not exist in the computerized criminal history system, the Department of Public Safety shall enter the report into a non-fingerprint supported file that is separate from the computerized criminal history system. 

The Department of Public Safety shall grant access to records in a non-fingerprint supported file that include the subject’s name or other identifier in the same manner as the department is required to grant access to criminal history record information. 

On receipt of a report of arrest information that corresponds to a record in a non-fingerprint supported file created, the Department of Public Safety shall transfer the record from the non-fingerprint supported file to the computerized criminal history system 

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