16 Tex. Admin. Code § 403.501
Current through Register Vol. 49, No. 48, November 29, 2024
Section 403.501 - Custody and Use of Criminal History Record Information(a) The term "criminal history record information" shall have the meaning provided by Texas Government Code § RSA 411.082.(b) The Texas Lottery Commission is authorized to obtain and maintain criminal history record information by Texas Government Code §§ RSA 411.083, RSA 411.108, RSA 466.201, and as otherwise necessarily implied by the statutory requirements of the Texas State Lottery Act and the Bingo Enabling Act.(c) Access to criminal history record information maintained by the Texas Lottery Commission will be limited to the following persons: (1) Commissioners of the Texas Lottery Commission;(2) the Executive Director or Deputy Executive Director of the Texas Lottery Commission;(3) any Attorney employed by the Texas Lottery Commission or any Assistant Attorney General representing the interest of the Texas Lottery Commission;(4) employees of the Enforcement Division of the Texas Lottery Commission;(5) division directors and employees of divisions authorized to make approvals or disapprovals of licenses or other registration based on criminal history information; and(6) any person appointed to act on behalf of or in the stead of any of the individuals listed in paragraphs (1) - (5) of this subsection. Criminal history record information may be used by the above authorized persons in carrying out the official duties of the Commission.(d) All criminal history record information received by the Texas Lottery Commission is confidential information, or will be treated as confidential information, unless otherwise required to be disclosed by other law. Criminal history record information obtained by the Commission under the above referenced statutes will not be released or disclosed to any person except on court order, provided that the Texas Lottery Commission may disclose to the person who is the subject of the criminal history record information the dates and places of arrests, offenses, and dispositions contained in the criminal history record information.(e) All criminal history information will be kept in the enforcement division under secure control except as required for review by the persons listed in subsection (c) of this section in carrying out their official duties. Copies of criminal history records will not be made by staff unless approved by their division director. Any copy made should be destroyed when its use has been fulfilled.16 Tex. Admin. Code § 403.501
The provisions of this §403.501 adopted to be effective April 16, 2009, 34 TexReg 2377; amended to be effective November 9, 2011, 36 TexReg 7556