Title GV, Government Code

Sec. 411.1405. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: STATE AGENCIES; INFORMATION TECHNOLOGY EMPLOYEES. (a) In this section: (1) "Information resources" and "information resources technologies" have the meanings assigned by Section 2054.003. (2) "State agency" means a dep…

Sec. 411.14055. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS SCHOOL SAFETY CENTER. The Texas School Safety Center at Texas State University is entitled to obtain from the department criminal history record information maintained by the department that relates to a person …

Sec. 411.1406. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: COUNTY ATTORNEY IN COUNTY WITH POPULATION OF 3.3 MILLION OR MORE. A county attorney in a county with a population of 3.3 million or more is entitled to obtain from the department criminal history record information mai…

Sec. 411.14065. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: COUNTY TAX ASSESSOR-COLLECTOR. A county tax assessor-collector in a county described by Section 520.052, Transportation Code, is entitled to obtain from the department criminal history record information maintained by…

Sec. 411.1407. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: CREDIT UNION DEPARTMENT. (a) The credit union commissioner is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is: (1) an individual w…

Sec. 411.1408. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: JUDICIAL BRANCH CERTIFICATION COMMISSION. (a) In this section, "commission" means the Judicial Branch Certification Commission established under Chapter 152. (b) The commission is entitled to obtain criminal history re…

Sec. 411.1409. ACCESS TO CRIMINAL HISTORY INFORMATION: APPELLATE COURTS. (a) In this section, "appellate court" means the Supreme Court of Texas, the Texas Court of Criminal Appeals, or a court of appeals. (b) An appellate court is entitled to obtain criminal history record infor…

Sec. 411.141. DEFINITIONS. In this subchapter: (1) "Authorized law enforcement agency" means a law enforcement agency that is authorized by the director to perform rapid DNA analyses under Section 411.146(c-1). (1-a) "CODIS" means the FBI's Combined DNA Index System. The term inc…

Sec. 411.1410. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: UNITED STATES ARMED FORCES. (a) In this section, "agency of the United States armed forces" means the United States Army, the United States Navy, the United States Marine Corps, the United States Coast Guard, or the Un…

Sec. 411.14101. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: STATE OFFICE OF ADMINISTRATIVE HEARINGS. (a) In this section, "office" means the State Office of Administrative Hearings. (b) The office is entitled to obtain criminal history record information as provided by Subsect…

Sec. 411.14102. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS BOARD OF ARCHITECTURAL EXAMINERS. (a) The Texas Board of Architectural Examiners is entitled to obtain criminal history record information as provided by Subsection (b) that relates to: (1) a person who is: (A) …

Sec. 411.142. DNA DATABASE. (a) The director shall record DNA data and establish and maintain a computerized database that serves as the central depository in the state for DNA records. (b) The director may maintain the DNA database in the department's crime laboratory in Austin …

Sec. 411.1425. GRANT FUNDS. The director shall apply for any available federal grant funds applicable to the creation and storage of DNA records of persons arrested for certain offenses. Added by Acts 2019, 86th Leg., R.S., Ch. 1285 (H.B. 1399), Sec. 4, eff. September 1, 2019.

Sec. 411.143. PURPOSES. (a) The principal purpose of the DNA database is to assist a federal, state, or local criminal justice agency in the investigation or prosecution of sex-related offenses or other offenses in which biological evidence is recovered. (b) In criminal cases, th…

Sec. 411.1431. INCLUSION OF ELIMINATION SAMPLE IN DNA DATABASE PROHIBITED. Notwithstanding Section 411.142(g), a DNA record created from an elimination sample and all information derived from that record may not be uploaded to, stored in, or capable of being searched for in the D…

Sec. 411.144. REGULATION OF DNA LABORATORIES; PENALTIES. (a) The director by rule shall establish procedures for a DNA laboratory or criminal justice agency, including an authorized law enforcement agency, in the collection, preservation, shipment, analysis, and use of a DNA samp…

Sec. 411.145. FEES. (a) The director may collect a reasonable fee under this subchapter for: (1) the DNA analysis of a DNA sample submitted voluntarily to the director; or (2) providing population statistics data or other appropriate research data. (b) If the director provides a …

Sec. 411.146. DNA SAMPLES. (a) The director may not accept a DNA record or DNA sample collected from an individual who at the time of collection is alive, unless the director reasonably believes the sample was submitted voluntarily or as required by this subchapter and is: (1) a …

Sec. 411.1465. RAPID DNA ANALYSIS PILOT PROGRAM. (a) In this section, "rapid DNA analysis" means the fully automated processing of a reference buccal swab sample to provide a DNA record that is eligible for comparison in the CODIS database in not more than 2 hours without submitt…

Sec. 411.147. ACCESS TO DNA DATABASE INFORMATION. (a) The director by rule shall establish procedures: (1) to prevent unauthorized access to the DNA database; and (2) to release from the DNA database a DNA sample, analysis, record, or other information maintained under this subch…

Sec. 411.1471. DNA RECORDS OF PERSONS ARRESTED FOR OR CONVICTED OF CERTAIN OFFENSES. (a) This section applies to a defendant who is: (1) arrested for any offense punishable as a felony; or (2) convicted of an offense: (A) under Title 5, Penal Code, that is punishable as a Class A…

Sec. 411.1473. DNA RECORDS OF CERTAIN REGISTERED SEX OFFENDERS AND TERRORIST OFFENDERS. (a) This section applies only to a person who is required to register under Chapter 62 or 65, Code of Criminal Procedure. (b) The department by rule shall require a law enforcement agency serv…

Sec. 411.148. MANDATORY DNA RECORD. (a) This section applies to: (1) an individual, other than a juvenile, who is: (A) ordered by a magistrate or court to provide a DNA sample under Section 411.154 or other law, including as part of an order granting community supervision to the …

Sec. 411.149. VOLUNTARY DNA RECORD. An individual, including an individual required to provide a DNA sample under this subchapter, may at any time voluntarily provide or cause to be provided to a criminal justice agency a sample to be forwarded to the director for the purpose of …

Sec. 411.151. EXPUNCTION OR REMOVAL OF DNA RECORDS. (a) The director shall expunge a DNA record of an individual from a DNA database if: (1) the director receives: (A) an order of expunction under Subchapter E or F, Chapter 55A, Code of Criminal Procedure; or (B) a request from a…

Sec. 411.152. RULES. (a) The director may adopt rules permitted by this subchapter that are necessary to administer or enforce this subchapter but shall adopt a rule expressly required by this subchapter. (b) The director by rule may release or permit access to information to con…

Sec. 411.153. CONFIDENTIALITY OF DNA RECORDS. (a) A DNA record stored in the DNA database is confidential and is not subject to disclosure under the public information law, Chapter 552. (b) A person commits an offense if the person knowingly discloses to an unauthorized recipient…

Sec. 411.154. ENFORCEMENT BY COURT ORDER. (a) On the request of the director, a district or county attorney or the attorney general may petition a district court for an order requiring a person to: (1) comply with this subchapter or a rule adopted under this subchapter; or (2) re…

Sec. 411.161. DEFINITIONS. In this subchapter, "crime laboratory," "criminal action," and "forensic analysis" have the meanings assigned by Article 38.35, Code of Criminal Procedure. Added by Acts 2023, 88th Leg., R.S., Ch. 1149 (S.B. 991), Sec. 2, eff. September 1, 2023.

Sec. 411.162. CRIME LABORATORY PORTAL. The department by rule shall establish and maintain a central computerized portal that facilitates the process for requesting crime laboratory records and for transferring those records among crime laboratories, attorneys representing the st…

Sec. 411.163. MANDATORY CRIME LABORATORY PARTICIPATION; DISCIPLINARY ACTION. (a) A crime laboratory that performs a forensic analysis for use in a criminal action shall participate, in accordance with department rule, in the transfer of crime laboratory records using the crime la…

Sec. 411.164. DEFENSE COUNSEL ACCESS TO CRIME LABORATORY PORTAL. In accordance with department rule, the attorney representing the state in a criminal action shall designate the defendant's attorney as an individual who is authorized to access and use the crime laboratory portal …

Sec. 411.171. DEFINITIONS. In this subchapter: (1) "Approved online course provider" means a person who is certified by the department to offer in an online format the classroom instruction part of the handgun proficiency course and to administer the associated written exam. (2) …

Sec. 411.1711. CERTAIN EXEMPTIONS FROM CONVICTIONS. A person is not convicted, as that term is defined by Section 411.171, if an order of deferred adjudication was entered against the person on a date not less than 10 years preceding the date of the person's application for a lic…

Sec. 411.172. ELIGIBILITY. (a) A person is eligible for a license to carry a handgun if the person: (1) is a legal resident of this state for the six-month period preceding the date of application under this subchapter or is otherwise eligible for a license under Section 411.173(…

Sec. 411.173. NONRESIDENT LICENSE. (a) The department by rule shall establish a procedure for a person who meets the eligibility requirements of this subchapter other than the residency requirement established by Section 411.172(a)(1) to obtain a license under this subchapter if …

Sec. 411.1735. PROTECTIVE ORDER DESIGNATION. (a) Notwithstanding any other provision of this subchapter, a person who establishes eligibility for a license to carry a handgun under Section 411.172(i) may only hold a license under this subchapter that bears a protective order desi…

Sec. 411.174. APPLICATION. (a) An applicant for a license to carry a handgun must submit to the director's designee described by Section 411.176: (1) a completed application on a form provided by the department that requires only the information listed in Subsection (b); (2) one …

Sec. 411.1741. VOLUNTARY CONTRIBUTION TO FUND FOR VETERANS' ASSISTANCE. (a) When a person applies for an original or renewal license to carry a handgun under this subchapter, the person may make a voluntary contribution in any amount to the fund for veterans' assistance establish…

Sec. 411.175. PROCEDURES FOR SUBMITTING FINGERPRINTS. The department shall establish procedures for the submission of legible and classifiable fingerprints by an applicant for a license under this subchapter who: (1) is required to submit those fingerprints to the department, inc…

Sec. 411.176. REVIEW OF APPLICATION MATERIALS. (a) On receipt of application materials by the department at its Austin headquarters, the department shall conduct the appropriate criminal history record check of the applicant through its computerized criminal history system. Not l…

Sec. 411.1765. NOTICE OF CERTAIN DENIALS. (a) This section applies only to an application for the issuance of an original or renewal license to carry a handgun for which the department has received an opinion from a panel member of the medical advisory board under Section 12.095,…

Sec. 411.177. ISSUANCE OR DENIAL OF LICENSE. (a) The department shall issue a license to carry a handgun to an applicant if the applicant meets all the eligibility requirements and submits all the application materials. The department shall administer the licensing procedures in …

Sec. 411.178. NOTICE TO LOCAL LAW ENFORCEMENT. On request of a local law enforcement agency, the department shall notify the agency of the licenses that have been issued to license holders who reside in the county in which the agency is located. Added by Acts 1997, 75th Leg., ch.…

Sec. 411.179. FORM OF LICENSE. (a) The department by rule shall adopt the form of the license. A license must include: (1) a number assigned to the license holder by the department; (2) a statement of the period for which the license is effective; (3) a photograph of the license …

Sec. 411.180. NOTIFICATION OF DENIAL, REVOCATION, OR SUSPENSION OF LICENSE; REVIEW. (a) The department shall give written notice to each applicant for a handgun license of any denial, revocation, or suspension of that license. Not later than the 30th day after the notice is recei…