Estates Code › Title 3 › Chapter 1104 › Subchapter I

Texas Estates Code § 1104.404

Exception for Information Concerning Certain Persons

Selection of and Eligibility to Serve as Guardian · Access to Criminal History Records

(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.

Official text of the Texas Estates Code as published by the Texas Legislative Council.

Official source
Legislative history

Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.

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.

This section refers to

§ 1104.402

Other codes referenced

Gov't § 155.203Gov't § 155.207Gov't § 411.1408

Sections that refer to this one

§ 1104.402§ 1104.405Gov't § 411.1408