Tex. Est. Code § 1104.404 · Subchapter I. ACCESS TO CRIMINAL HISTORY RECORDS
EXCEPTION FOR INFORMATION CONCERNING CERTAIN PERSONS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
Notes and commentary — not statutory text
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.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ES/htm/ES.1104.htm
- Text hash
- sha256 6b01b7691b557aa2050205b8fed76ff7ab938528194cde28b48d98dce6425abb
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Government Code
- Tex. Gov't Code § 155.203DUTY TO PROVIDE ASSISTANCE IN QUALIFYING GUARDIANS; SUPREME COURT RULEMAKING.Printed as Sections 155.203 and 155.207, Government Code
- Tex. Gov't Code § 155.207USE OF CRIMINAL HISTORY RECORD INFORMATION.Printed as Sections 155.203 and 155.207, Government Code
- Tex. Gov't Code § 411.1408ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: JUDICIAL BRANCH CERTIFICATION COMMISSION.Printed as Section 411.1408, Government Code
Cited by 3 provisions
Provisions in this library whose text cites Tex. Est. Code § 1104.404. Each shows the citation as that text prints it.
Estates Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.