Texas § 1104.404 EXCEPTION FOR INFORMATION CONCERNING CERTAIN PERSONS.

Texas Statutes

§ 1104.404 — EXCEPTION FOR INFORMATION CONCERNING CERTAIN PERSONS.

Texas § 1104.404

Code ESEstates Code

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Bluebook

Tex. Estates Code Code Ann. § 1104.404 (2026).

Text

Sec. 1104.404. EXCEPTION FOR INFORMATION CONCERNING CERTAIN PERSONS.

(a)The clerk described by Section 1104.402 is not required to obtain criminal history record information from the Department of Public Safety for a person if the Judicial Branch Certification Commission conducted a criminal history check on the person under Sections 155.203 and 155.207 , Government Code. However, the clerk shall obtain criminal history record information from the Federal Bureau of Investigation identification division relating to each person described by Section 1104.402 .

(b)The commission shall provide to the clerk the criminal history record information that was obtained from the Department of Public Safety. The commission is prohibited from disseminating criminal history record information that was

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Sec. 1104.404. EXCEPTION FOR INFORMATION CONCERNING CERTAIN PERSONS. (a) The clerk described by Section 1104.402 is not required to obtain criminal history record information from the Department of Public Safety for a person if the Judicial Branch Certification Commission conducted a criminal history check on the person under Sections 155.203 and 155.207 , Government Code. However, the clerk shall obtain criminal history record information from the Federal Bureau of Investigation identification division relating to each person described by Section 1104.402 .
(b) The commission shall provide to the clerk the criminal history record information that was obtained from the Department of Public Safety. The commission is prohibited from disseminating criminal history record information that was obtained from the Federal Bureau of Investigation under Section 411.1408 , Government Code, for purposes of determining whether an applicant is ineligible for certification as a guardian.

Legislative History

Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759 ), Sec. 1.02, eff. January 1, 2014. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 42 (S.B. 966 ), Sec. 2.17, eff. September 1, 2014. Acts 2017, 85th Leg., R.S., Ch. 313 (S.B. 1096 ), Sec. 5, eff. September 1, 2017. Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123 ), Sec. 5, eff. June 13, 2023.