TEXAS DEPARTMENT OF PUBLIC SAFETY5805 NORTH LAMAR BOULEVARD

POST OFFICE BOX 4087, AUSTIN, TX 78773-0252512/424-2365 e'"

. -........THOMAS A. DAVIS, JR.

DIRECTOR

DAVID McEATHRONASST. DIRECTOR

COMMISSIONERNEST ANGELO. JR.

CHAIRMAN

ALLAN B. POLUNSKYELIZABETH ANDERSON

COMMISSIONERS

SCHOOL CONTRACTOR DOCUMENT PACKET

This packet contains the documents required for school contractors to submit fingerprints ofapplicants for national criminal history reviews, as required under Senate Bil19. The packetincludes:

1. Guide for School ContractorsPlease follow these step-by-step directionsThe ORI for the OPS Secure Website referenced in these instructions ishtlps:!/securc.txclps.statc.Ix.us/DPS W EB/PortaVAccQuntManager/indcx.aspxFollow the instructions on this page to establish your account according to the b'Uide forthe School Contractors

2. DPS Security Policy for Non-Criminal Justice AgenciesRead these security requirements carefully. You must follow them in accessing andusing the criminal history data. The policy may change in the future and you will berequired to any modifications.

3. Contractor Entity Agreement for the Fingerprint-based Applicant Clearinghouse ofTexas (FACT)As stated in the Guide, please complete this agreement and return it to the Access andDissemination Bureau.

4. Authorized User Acknowledgement AgreementEach employee ofyaur company that uses the FACr Clearinghouse l11ust sign thisdocument and follow its requirements.

S. Criminal Penalty for the Unauthorized Obtaining, Usc, or Disclosure of CriminalHistory Information

6. Criteria for Approval to Access Criminal History InformationCriteria for approval to access criminal history infonnation through the DPSdatabases.

Contact the Access and Dissemination Bureau with any Questions.Access and Dissemination BureauTexas Department of Public SafetyCrime Records ServiceP, 0, Box 149322Austin, Texas 78714-9322

Email: FACT@txdps.statc.tx.usPhone: (512) 424-2365

DPS AND FBI CRIMINAL HISTORY CHECKSGUIDE FOR SCHOOL CONTRACTORS

Legislative RequirementSenate Bill 9 passed in the most recent legislative session directs school districtcontractors to obtain state and national criminal history background searches on theiremployees who:

On or after January I, 2008, is offered employment by an entity that COl/Trac!s with aschool district, open-enrollment charter school. or shared services arrangement toprovide sen,jces. !f"

(I) fhe employee or applicant has or will have continuing duties related to thecontracted services: and

(2) the employee or applicant has or will have direct contact with students.

The bill states that DPS will provide the results through the Drs criminal historyclearinghouse (Fingerprint-bast.'d Applicant Clearinghouse of Texas -FACT). FACT is anew service developed by the DPS to fulfill the background check requirements of non­criminal justice entities. Initially FACT will serve the Texas Education Agency (TEA),school districts, charter schools, and school contractors as required by Senate Bill 9.

The ProcessBriefly stated, school contractors must take the following steps to obtain the backgroundchecks required under Senate Bill 9:

I. Establish an account on the DPS FACT clearinghouse, as follows:

a. Contact the DPS Access and Dissemination Bureau and advise them thatyou are applying for access as a school contractor:

Access and Dissemination BureauTexas Department of Public SafetyCrime Records ServiceP. O. Box 149322Austin, Texas 78714-9322

Email: FACT@txdps.state.tx.usPhone: (512) 424-2365

b. Access and Dissemination Bureau will provide via email:i. the website address where you go to sibTll up for access to the DPS

Secure Website for criminal history (FACT is a component of thatsite);

I. Follow the on-site instructions2. Sib'll the Secure Site Entity Agreement and return it to DPS.

You may fax the signed copies to the Access and

DPS GUIDE FOR SCHOOL CONTRACTORS 2

Dissemination Bureau and send the originals in the mail.Originals must be received within 14 days.

II. a User Acknowledgemcnt AgreementI. Sign the User Acknowledgement Agrcement and rcturn it

to DPS. You may fax the signed copies to the Access andDissemination Bureau and send the originals in the mail.Originals must be rcceived within 14 days.

Ill. The Security Policy for Non-Criminal Justice Agency Access, Use,and Dissemination of Criminal History Record Information.

I. When you sign the User Agreemcnt you arc agreeing toabide by the Security Policy requirements.

IV. a request for the front page and signature page of your contractwith a school district, open-enrollment charter school, or sharedscrvices arrangement.

1. PIcase fax those documcnts to the Access andDissemination Bureau and mail the originals to be mailcdwith the other submissions.

c. After the Agreements are received, DPS will notify you of your approvaland provide you with a form (called a "Fast Fingerprint Pass") with yourcompany's User Number for use on FACT. The form will be sent to yourMessage Centcr on the Securc Websitc. That form must be given to eachemployee who will work at a school, as described by Senate Bill 9.

2. Perform criminal history background searches on employees who will workat a school, under the conditions described in Senate Bill 9 (listed above inLegislative Requirement).

a. Direct those employees set an appointment for fingerprinting through theDPS Fingerprint Applicant Services of Texas (FAST) contractor at thephone and email listed on the Fast Fingerprint Pass. The person musttake the Fast Fingelprint Pass with them 10 the appointment. The personwill pay the fees (See Section 6, below) either at the time of scheduling orat the time of fingerprinting.

b. After the person is fingerprinted, FAST will send the fingerprints to DPSelectronically. DPS will search the fingerprints through the DPSAutomated Fingerprint Identification system (AFIS) which contains thefingerprints of persons reported to DPS as having been arrested in Texas.DPS will then send the fingerprints to the FBI for searching through theFBI AFIS, which contains the fingerprints of persons reported to the FBIas having been arrested in other states.

Drs GUIDE FOR SCHOOL CONTRACTORS 3

c. Drs will consolidate the results from the DrS and FBI and place them inthe FACT Clearinghouse. At that time, FACT will send you an emailnotice that the results are available for you to review. You will sign on theFACT website to review the results and make a detennination regardingthe suitability of that person to work in the schools.

d. At the time that you are notified of the results, you are also automatically"subscribed" to that person's record in FACT. That means that if theperson is arrested in Texas in the future, you will receive an email fromFACT telling you that the person's record has been updated. (See #3 and#4, below.)

e. Senate Bill 9 requires that you "certify" to any school district at which youwork that this process has been followed. The school district may ask fora person's name, driver license number, and other infonnation to inquireinto the FACT Clearinghouse and verify the results, as well.

3. Unsubscribe to records of employees who lea\'c your employment.a. You are only authorized to see a person's criminal history as long as they

are in your employ, as described in Senate Bill 9. If a person leaves youremployment, you must "unsubscribe" to that record. See #4 below.

b. The FACT website gives you an unsubscribe feature that you must usewhenever a person leaves your employment. That person will remain onyour FACT list of employees, but will be "inactive". If the person returnsto your employment, you can simply "re-activate" the record. This isintended to assist with managing the background check requirements ofseasonal employees.

4. Respond to subscription notices of updates to the criminal history recordinformation.

a. When a person to whom you are "subscribed" is reported to DrS hashaving been arrested in Texas, you will receive an email notification of anupdate to the criminal history record. You must sign into the FACTwebsite and review the notice.

b. Prior to viewing the updated criminal history record infonnation, you mustverify from your own records that the person is still an employee and thatyou are still authorized to receive the record. If the person is no longeremployed by your company, you are no longer authorized to receive theupdated criminal history record infonnation.

c. The website gives you the opportunity to review the record, or to"unsubscribe" from the record. If you are still authorized to view therecord, click the appropriate button to view the record. If you are nolonger authorized to view the record, click the ''unsubscribe'' button.

Drs GUIDE FOR SCHOOL CONTRACTORS 4

S. Maintain Security and Confidentiality of criminal history record informationobtained from FACT.

3. You are authorized to use the criminal history background check processonly for purposes identified in Senate Bill 9. Unauthorized access tocriminal history record infonnation is a crime under Section 411.083,Texas Government Code.

b. The FACT User Entity Agreement has a Security Policy attached. Youmust read and follow those guidelines.

c. DPS will audit use of the criminal history file and ofFACf. Audits willinclude a comparison of criminal history background check submissionsfrom contractors against their employment records to verify that theinfonnation is only being requested and used for authorized purposes.Violations ofDPS or FBI policies or state or federal law may result intennination of services and/or criminal penalties.

d. The infonnation in the FACT Clearinghouse is confidential, and accessmust be restricted to the least number of persons nceded to review therecords.

e. Access to FACT must be from a computer within your company officesand cannot be from a public internet computer that is or could be sharedby other users who are not authorized users within your company (forexample computers in a public library).

f. Any questions regarding the access, use, dissemination of criminal historyrecord infonnation must he referred to:

Access and Dissemination BureauTexas Department of Public SafetyCrime Records ServiceP. O. Box 149322Austin, Texas 78714-9322

Email: FACT@txdos.state.tx.usPhone: (512) 424-2365

DPS GUIDE FOR SCHOOL CONTRACTORS 5

6. Fees

I. The charge for the applicant to be fingerprinted at the FAST location is $9.95.

2. The charge for the search of the DPS criminal history file is SI5.00.

3. The charge for the search of the FBI criminal history file is $19.25.

4. The total fee of$44.20 is payable in one of two methods:

a. On-line at the time of scheduling the fingerprinting appointment. Methodsof on-line payment are credit card or debit card. On-line payment requiresa small (less than S2.00) convenience fee paid to the state electronicpayment service. That fee is not included in the $44.20 identified above.Or:

b. At the time of fingerprinting by personal check, cashiers check, or moneyorder.

DPS GUIDE FOR SCHOOL CONTRACTORS 6

TEXAS DEPARTMENT OF PUBLIC SAFETYSECURITY POLICY FOR NON-CRIMINAL JUSTICE AGENCY

ACCESS, USE, AND DISSEMINATION OFCRIMINAL HISTORY RECORD INFORMATION

I. ACCESS BY NON-CRIMINAL JUSTICE ENTITIES

A. Legislative Authority for Non-criminal Justice Entity Access

Policy: A non-criminal justice entity legislatively authorized by Chapter 411,Subchapter F of the Texas Government Code or other Texas law to receivecriminal history record infonnation (CHRI) from the Department of Public Safety(Department or DPS) may access the DPS databases. All non-criminal justiceentities granted access to the DPS CHRI will be subject to all applicable state andfederal laws, rules, regulations and policies that relate to the obtaining, use anddissemination of CHR I.

The Federal Bureau of Investigation (FBI) may authorize certain Texas non­criminal justice entities access to FBI criminal history record infonnation basedupon approved Texas statutes or federal law.

Commentary: All DPS databases are maintained by the Department and may beaccessed pursuant to Chapter 411, Subchapter F of the Texas Government Codeor other Texas law. A non-criminal justice entity granted access to the DPSdatabases may submit criminal history inquiries through the DPS Access andDissemination Bureau, Criminal History Inquiry Unit; through the DPS SecureWebsite for Criminal History Infonnation; or through fingerprint submission.Results will be provided online through the DPS Secure Website, through theFingerprint-based Applicant Clearinghouse of Texas (FACT), via the mail, orthrough other means, as agreed upon by DPS and the requestor. The DPSdatabases will provide a non-criminal justice entity only with CHRI originating inTexas. FBI requires submission of the applicants fingerprints for access to thefederal records. In those instances where fingerprints are submitted under astatute approved for access to the FBI records, DPS will forward the fingerprints10 the FBI and FBI will provide the record respond through the DPS.

B. Non-criminal Justice Entity User Agreements

Policy: A non-criminal justice entity requesting access to the DPS databases mustprovide the Department with a signed written user ab'Teement in which the entityagrees to comply with Department policies regarding the use of the DPSdatabases or infonnation. The user ab'Teetnent will include standards and sanctionsgoverning the non-criminal justice entity's utilization of the DPS databases orinfonnation and will incorporate the policies set forth in this document. These

DPS SECURITY POLICY

policies also apply to access to, use, and dissemination of FBI criminal historyrecord information, when appropriate.

Commentary: None

II. PERSONNEL SECURITY

A. Authorized Users

Policy: A non-criminal justice entity must provide the Department with the name,sex, race, date of birth, and title of each official/employee of the non-criminaljustice entity who will utilize infonnation received from the DPS databases. TheDepartment will perform a name-based background check on each namesubmitted, and reserves the right to require a fingerprint-based background check,prior to approving access for the official/employee. Only those persons approvedby the Department, hereinafter referred to as authorized employees, will beallowed access to the DPS databases or information on behalf of the non-criminaljustice entity. An official/employee who is not approved to utilize the DPSdatabases or information may dispute the information fonning the basis of theDepartment's decision through the submission of fingerprints. The Departmentmay limit the number of authorized employees within a non-criminal justiceentity. These same personnel screening criteria apply to access to the FBIcriminal history record information received from the FBI through the DPS.

Commentary: Only authorized users may access the infonnation received fromthe DPS and FBI databases. The number of authorized users shall be limited tothe number reasonably necessary to perfonn criminal history checks for thepurposes permitted by law.

B. User Identifier

Policy: A Department-issued user entity identifier shall be used in eachtransaction in the DPS databases for retrieval ofCHRI.

Commentary: The Department will assign a user identifier to each non-criminaljustice entity authorized by the Department to access the DPS databases forCHRI. This user identifier serves to identify the non-criminal justice entityaccessing the DPS and FBI databases and ensures the proper level of access forthe non-criminal justice entity.

III. FACILITY AND INFORMATION SECURITY

A. Facility Security Standards

Policy: The location of all CHRI received from the DPS or FBI databases musthave adequate physical security to protect against any unauthorized viewing oraccess to displayed/stored/printed criminal history record infonnation at all times.

DPS SECURITY POLICY 2

Commentary: File cabinets or file systems used to maintain CHRI must beprotected from unauthorized viewing of or access to CHRI. For example, eitherlocking of the file cabinet or locking the access to the room the files are housed isone component of complying with this policy.

B. Information Security Standards

Policy: Criminal history record infonnation obtained from the DPS or FBIdatabases is sensitive information and must be maintained in a secure recordsenvironment to prcvent the unauthorized viewing or use of the criminal historyrecord information.

Commentary: None

Policy: When retention of criminal history record information is no longernecessary or is not permitted by law, the criminal history record infonnation shallbe propcrly disposed. A secure malUlcr of disposal must be utilized to destroythoroughly all clcments of the records and preclude unauthorized viewing, accessor use.

Commentary: Disposal procedures should include a method sufficient topreclude recognition or reconstruction of information (i.e., shredding). Themethod should also provide verification that the disposal procedures weresuccessfully completed.

IV. CRIMINAL HISTORY RECORD INFORMATION

A. Obtaining, Use and Dissemination of Criminal History Record Information

Policy:A non-criminal justice entity may retrieve criminal history record informationthrough the DPS or FBI databases only for legislatively authorized purposes.Criminal history record information received from the DPS or FBI databases shallbe used only for legislatively authorized purposes and may not be disseminated toa person not authorized to receive the information. Upon request by theDepartment, all users must provide an authorized purpose for all criminal historyrecord information inquiries. The ability to retrieve criminal history recordinformation is subject to cancellation if the information is obtained or used in anunauthorized manner or disseminated to a person not authorized to receive thecriminal history record information. Criminal sanctions are also in place for theimproper obtaining, use and dissemination of criminal history record information.

Commentary: Generally, criminal history record information held by the DPSand the FBI is confidential and may be disseminated only as authorized by state orfederal statutc. Specific non-criminal justice entitics are legislatively authorized toreceive criminal history record information for limited, specified purposes. The

DPS SECURITY POLICY 3

non·criminal justice entity is responsible for complying with all laws govemingthe non-criminal justice entity's access to, usc, and dissemination of criminalhistory record infonnation. State law makes it unlawful for a person to obtainconfidential criminal history record infonnation in an unauthorized manner, usethe infonnation for an unauthorized purpose, or disclose the infonnation to aperson not entitled to the infonnation. State law also makes it unlawful for a non­criminal justice entity to provide a person with a copy of the person's criminalhistory record infonnation obtained from the Department unless authorized to doso by a specific state statute.

B. Commercial Dissemination

Policy: The commercial dissemination of criminal history record infonnationobtained from the DPS or FBI databases is prohibited.

Commentary: The marketing of data for profit is not pennitted. State law makesit a felony offense to obtain, use, or disclose, or employ another to obtain, use ordisclose, criminal history record infonnation for remuneration or for the promiseof remuneration.

v. AUDITS

A. Sccurit)' Audits

Policy: A security audit may be perfonned on a periodic basis by the Departmentor FBI for the purpose of measuring the non-criminal justice entity's compliancewith the laws, rules, regulations and policies rclating to the DPS databases and thecriminal history record infonnation obtained there-from.

DPS SECURITY POLICY 4

:,,:r;-,'" . .,l t. X ~ TEXAS DEPARTMENT OF PUBLIC SAFETY~. .,,.

''.41 C RIM E R E COR 0 S SERVICE\ ;. S

"-

SIGNATURE REQUIRED

Please print. sign and mail the signed user agreement and primary user acknowlcdgcmcDI to DPS(Address at bollom)

All signatures must be signed in blue ink

Date:"Access "is defi/led as ph)'sical access..: The abiliry to receivi:. view. ordISCUSS rhcCnmmal History Record Illformalioll (CHRl) regardlcssof Application ID:retrieval mcrhod from Tc.\:as DctXlrtmall of Public Safer\'.

DPS Criminal History and Fingerprint-based ApplicantClearinghouse of Texas User Entity Agreement

I. This document constitutes an agreement between the Texas Department of Public Safety (DPS).Adminislnllor of the Texas Secure Website for Criminal Record History Information. the Fingerprint-basedApplicant Clearinghouse ofTexas (FACf) and the statc criminal history record information repository. and

Entity Name

User Contact Name

User Contact Address

User Contact Email

Phone

all authorized agency or qualified entity legislatively authorized to retrieve state and fedcral criminalhistory rccord information (CHRI). hereinafter referred to as the User Entity.

2. 1bis Agrecment sets fonh the duties and responsibilities of the Department of Public Safety and the UserEntily.

J. Under this agreement. the Department ofPubl..ic Safety agrees to provide and manage access to DPS andFederal Bureau of Investigation criminal history record information via the Secure Website for CriminalHistory Record Information. the Fingerprint-based Applicant Clearinghouse ofTexas and any other methodof access to CIIRI. The User Entity shall not permit any person or entity, other than the User Entlly'saUlhorized employees. to retrieve CHRJ under this agreement. The Deparuncnl of Public Safety willpcrfonn a name·based criminal history check. and reserves the right to require a fingerprint-based criminalhistory check, on authorized employees of the User Entity prior to allowing them to retrieve infonnation.

DPS CCH And FACT Agreement

4. The Department of Public Safety will provide an electronic subscription service to User Entities withaccess to the FACT 10 provide notice of updates to CHRl contained within the FACT. The Department ofPublic Safety will only provide notice of updates if the User Entity is a subscriber to the record. DPS willprovide the User Entity with the option to view the updated record, or to unsubscribe if the User Entity isno longer authorized to access Cl-IRI relating to the subject.

s. The User Entity may retrieve CHRl under this agreement only for those purposes pennitted by state andfederal law. Any use of CHRl retrieved under this agreement shall be limited to those uses pennitted bystate and federal law.

6. No financial liability will be incurred by the Department of Public Safety by virtue of this agreementbeyond monies available to it for the purpose of fulfilling this agreement.

7. The User Entity and its employees shall abide by all present and hereafter enacted state and federal laws,rules and regulations concerning the collection, storage, retrieval, use, destruction, disclosure anddissemination ofCHRI. The User Entity shaH provide the subject of the CHRI the opportunity to complete,or challenge the accuracy of, the infonnation contained in the state and federal Cl-IRI. The procedures forobtaining a change, correction, or updating of FBI records are set forth in 28 CFR 16.34. The ErrorResolution Unit of the Texas Department of Public Safety. Crime Records Service, processes challenges tothe completeness or accuracy of DPS records as provided by 37 Texas Administrative Code Section27.1(d).

8. The User Entity shall be responsible for ensuring that the User Entity and its employees accessingcriminal history record infonnation under this agreement are informed of all applicable state and federallaws, rules and regulations concerning the collection. storage, retrieval, use, destruction, disclosure anddissemination of CHRl. The User Entity shall promptly notify the Department of Public Safety of aviolation by the User Entity, or by an employee of the User Entity, of any applicable state or federal law,rule or regulation relating to the collection, storage, retrieval, usc, destruction, disclosure or disseminationofcriminal history record infonnation retrieved under Ihis agreement.

9. The Department of Public Safety reserves the right to immediately suspend service to the User Entitywhen the Department detennines that this agreement or any applicable state or federal law, rule orregulation has been violated by the User Entity or an employee of the User Entity. TIle Department ofPublic Safety may reinstate service following such instances upon receipt of satisfactory assurances thatsuch violations have been corrected and measures have been taken to prevent future violations. TheDepartment of Public Safety shall have the authority to inspect and audit the equipment, records andoperations of the User Entity to detennine compliance with this agreement and all applicable state andfederal laws.

10. Eithcr the Department of Public Safety or the User Entity may, upon 30 days written notice, discontinueservice. The Department of Public Safety shall not be required to give notice prior to suspending service asstated above in paragraph 9,

1L The User Entity agrees to hold hannless the Texas Department of Public Safety, its Director andemployees from and against any and all claims, demands, actions and suits, including but not limited to,any liability for damages by reason of or arising out of any ncgligence on the part of the User Entity or itsemployees with regard 10 the collection, storage. retrieval, usc, destruction, disclosure or dissemination ofCI--JRI retrieved under this agreement.

12. Any employee, applicant, volunteer, or volunteer applicant who will be accessing the DPS CriminalHistory databases or information shall be subject to a criminal hislOry background check. If a lCionyconviction of any kind exists, access to the system shall be denied. A review of the denial may berequested in extenuating circumstances where the severity of the offense and the time that has passedwould support a possible variance. If a record of any other kind exists, systems access shall not be granteduntil further review of the matter is detennincd to verify if systcms access is appropriate. If the person

DPS CCH And FACT Agreement 2

appears to be a fugitive or appears 10 have an arrest history without conviction for a felony or seriousmisdemeanor, the person shall be under review to determine if systems access is appropriate. If, afterreview. a determination is made that systems access by the person would not be in the public interest,access shall be denied and the User Entity shall be notified in writing of the denial.

13. Any support personnel, contractors, and custodial workers who access CHRI areas shall be subject to acriminal history background check, as described in paragraph #12. unless these individuals are escorted byauthorized personnel at all times. Authorized personnel are those persons who have passed a name-basedrecord check or a fingerprint-based check and have been granted access.

14. The criminal history record information accessed under this agreement is sensitive and securitymeasures must be taken to prevent any unauthorized access, usc, or dissemination of the infonnation. Anyimproper access, use, or dissemination of CHRI may result in administrative sanctions including. but notlimited to, tennination of services and state and federal criminal penalties.

15. The User Entity and its employees accessing criminal history record infonnatiotl under this agreementhave read and agree to abide by the Texas Department of Public Safety Securi(y Policy for Non-criminaljUsTice Agency Access, Use, and DisseminaTion of Criminal History Record Information attached to thisagreement and incorporated herein by reference.

In WITNESS WHEREOF, the parties hereto caused this agreemem to be executed by the proper officersand officials.

US"~R ENTITY

Signature: _

Printed Name: _

Title: _

Date: _

OFFICIAL USE ONLY. PLEASE DO NOTWRITE IN TUE BOX BELOW.

TI<:XAS DEPARTMENT OF PUBLIC SAFETY

By:----------

Title: _

Date: _

Drs CCH And FACT Agreement

PLEASE MAIL TO:

DEPARtMENT OF PUBLIC SAFETYCRIME RECORDS SERVICE

PO BOX 149322AUSTIN TX 787/4-9322

Re\'. 12 07Ib

3

~....,... .:~:~--------------------------,f/•.;:" TEXAS DEPARTMENT OF PUBLIC SAFETY.....I' I: s ,\;",41 C_R_'.M_E_.R_E.C_O_R.O_S_.S_E.R_V_'.C_E .1

" ./

Please sign in blue ink and mail to DPS

(Address at end of this document)

Authorized User Acknowledgement

• Authorized users approved by the Department to use the criminal history recordinformation (CHRI) have regular access to confidential criminal history information as apart of their job duties.

• All authorized users must clearly understand that any unauthorized retrieval. use ordissemination of this confidential infonnation is a violation afstate law and can lead tothe filing of criminal charges against the authorized user, in addition to cancellation ofaccess to the Depal1ment of Public Safety (DPS) databases. Following is a copy ofTexasGovernment Code Section 411.085, which describes the criminal penalties related tounauthorized retrieval, usc, or dissemination of criminal history record infonnation:

§ 411.085. Unauthorized Obtaining, Use, or Disclosure of Criminal HistoryRecord Information; Penalty

a. A person commits an offense if the person knowingly or intentionally:

1. obtains criminal history record infonnation in an unauthorized manner,uses the infonnation for an unauthorized purpose, or discloses theinfonnation to a person who is not entitled to the infonnation;

2. provides a person with a copy of the person's criminal history recordinfonnation obtained from the department; or

3. violates a rule of the department adopted under this subchapter.

b. An offense under Subsection (a) is a Class B misdemeanor, except as provided bySubsection (c).

c. An offense under Subsection (a) is a felony of the second degree if the person:

I. obtains, uses, or discloses criminal history record infonnation forremuneration or for the promise of remuneration; or

2. employs another person to obtain, usc, or disclose criminal history recordinfonnation for remuneration or for the promise of remuneration.

DPS USER ACKNOWLEDGEMENT FORM

d. The department shall provide each person who applies for access to criminalhistory record infonnation maintained by the department with a copy of thissection.

• Infonnation regarding security requirements which must be followed by those whohave access to CHRI is found in the Databases Access and Security Policy. The policywas provided to your organization at the time of application for access, and you mayobtain another copy from the Department if necessary.

I acknowledge that I have read the above-mentioned law and policyapplicable to my access to confidential criminal history record informationand I understand their provisions. I further acknowledge that I am requiredto abide by the provisions of the above-mentioned law and policy.

Agency/Entity

Social Security Number

Printed User Name (include 'birth name')

Address

Date of Birth

Signature

Phone Number

E-Mail Address

Date

"Acce.\'.\'" is defined as physical access: The ability to receive, view. or discuss the CriminalHislOry Record b!formation (CHRl) regardless of retrieval method ji"O/1/ Texas Department ofPliblic Safety.

Please Check One:

Internet login users:

Account SupervisOf Databasc User Only Both Supervisor & Database User _

No Internet login:

Access Only to CHRI Supervisor for Access Only _

Mail to;DEPARTMENT OF PUBLIC SAFElYCRIME RECORDS SERVICEPO BOX 149322AUSTIN TX 78714·9322

Need to add additional users?Each user requesting access must sign a completedUser Acknowledgement.

DPS USER ACKNOWLEDGEMENT FORM 2

5805 N.lAMAR BLVD. BOX 4143. AUSTIN, TEXAS 787654143512/424-2474

TEXAS DEPARTMENT OF PUBLIC SAFETY

Criminal Penalty for the Unauthorized Obtaining, Usc, or Disclosureof Criminal History Information

Effective September I, 1993, the use of Texas criminal history record information will begoverned by Sections 411.081 through 411.1405, Government Code. All individuals who accesscriminal history record information should be aware of the authorized uses and penalties formisuse. This notice is provided in accordance with Section 411.085 and its requirement that theDepartment of Public Safety notify aU who apply for access to Criminal H.istory RecordInformation of these penalties. (Refer to Sections 411.081 through 411.1405 for more information.)

Section 4/1. 085 ofthe Texas Government Code:

(a) A person commits an offense if the personknowingly or intentionally:

(1) obtains criminal history record infor­mation in an unauthorized manner, uses theinfonnation for an unauthorized purpose, ordiscloses the infonnation to a person who isnot entitled to the infomlation;

(2) provides a person with a copy of theperson's criminaJ history record infonnationobtained from the department; or

(3) violates a rule of the departmentadopted under this subchapter.

(b) An offense under Subsection (a) is a ClassB misdemeanor, ex.cept as provided by Sub­section (c).

(c) An Offense under Subsection (a) is a fel­ony of the second degree if the person:

(I) obtains, uses, or discloses criminalhistory record infonnation for remunerationor for the promise of remuneration; or

(2) employs another person to obtain,use, or disclose criminal history record infor­mation for remuneration or for the promise ofremuneration.

(d) The department shall provide each personwho applies for access to criminal history re­cord infonnation maintained by the depart­ment with a copy of this section.

CRIMINAL PENALTIESCOURTESY. SERVICE. PROTECTION

CRITERIA FOR APPROVAL:

Access to Criminal History Record Infonnation (CHRI) may be granted:

• if the applicant has not ever been convicted of Q[ placed on court-ordered communitysupervision or probation for any criminal offense above the grade of Class B misdemeanor.

• if the applicant has not been convicted of or placed on coun-ordered community supervisionor probation for a Class B misdemeanor within the preceding 10 ycars.

• if the applicant is not currently under indictment for any criminal offense.

• if the applicant has never been convicted of any family violence offense.

CRIMINAL PE ALTIES