ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS COMMISSION ON ENVIRONMENTAL QUALITY.

(a) The Texas Commission on Environmental Quality is entitled to obtain criminal history record information as provided by Subsection (b) that relates to a person who:

(1) is an applicant for:

(A) a water supply system operator license required by Section 341.033, Health and Safety Code;

(B) a backflow prevention assembly tester license required by Section 341.034(c), Health and Safety Code;

(C) a customer service inspector license required by Section 341.034(d), Health and Safety Code;

(D) a municipal solid waste facility supervisor license required by Section 361.027, Health and Safety Code;

(E) an on-site sewage facility installer license or apprentice registration required by Section 366.071(a), Health and Safety Code;

(F) an on-site sewage facility maintenance provider license or maintenance technician registration required by Section 366.071(a), Health and Safety Code;

(G) an on-site sewage facility designated representative license required by Section 366.071(b), Health and Safety Code;

(H) an on-site sewage facility site evaluator license required by Section 366.071(c), Health and Safety Code;

(I) a landscape irrigator or irrigation technician license required by Section 1903.251(a), Occupations Code;

(J) an irrigation inspector license required by Section 1903.251(a), Occupations Code;

(K) a water treatment specialist certificate required by Section 1904.052, Occupations Code;

(L) a wastewater treatment plant operator license required by Section 26.0301(c), Water Code;

(M) a wastewater collection system operator license required by Section 26.0301(c), Water Code;

(N) a leaking petroleum storage tank corrective action project manager or specialist license required by Section 26.366, Water Code; or

(O) an underground storage tank on-site supervisor license required by Section 26.456, Water Code;

(2) is the holder of a license, registration, or certificate under a provision listed in Subdivision (1); or

(3) requests a determination of eligibility for a license, registration, or certificate from the agency under a provision listed in Subdivision (1).

(b) Subject to Section 411.087 and consistent with the public policy of this state, the Texas Commission on Environmental Quality is entitled to:

(1) obtain through the Federal Bureau of Investigation criminal history record information maintained or indexed by that bureau that pertains to a person described by Subsection (a); and

(2) obtain from the department or any other criminal justice agency in this state criminal history record information maintained by the department or that criminal justice agency that relates to a person described by Subsection (a).

(c) The Texas Commission on Environmental Quality may not release or disclose to any person criminal history record information obtained from the Federal Bureau of Investigation under Subsection (b)(1). Criminal history record information obtained by the Texas Commission on Environmental Quality under Subsection (b)(2) may not be released or disclosed to any person except on court order, with the written consent of the person who is the subject of the criminal history record information, or as provided by Subsection (d).

(d) The Texas Commission on Environmental Quality is not prohibited from disclosing criminal history record information obtained under Subsection (b)(2) in a criminal proceeding or in an administrative proceeding conducted by the Texas Commission on Environmental Quality or the State Office of Administrative Hearings.

(e) The Texas Commission on Environmental Quality shall destroy criminal history record information that is obtained under this section after the information is used for its authorized purpose.