(a) Definitions. The following terms, when used in
this section, have the following meanings:
(1) Commissioner--The Consumer Credit Commissioner
of the State of Texas.
(2) Criminal history record information--Has the meaning
provided by Texas Government Code, §411.082(2).
(3) OCCC--The Office of Consumer Credit Commissioner
of the State of Texas.
(b) Use of criminal history record information. The
OCCC may obtain criminal history record information under Texas Government
Code, §411.095 and Texas Finance Code, Chapter 14, Subchapter
D. The OCCC's use of criminal history information is limited to evaluating
a person described by Texas Government Code, §411.095(a). All
criminal history record information received by the OCCC is confidential
and is for the exclusive use of the OCCC. The OCCC may not disclose
criminal history record information except as provided by Texas Government
Code, §411.095(b).
(c) Employee access. Access to criminal history record
information maintained by the OCCC will be limited to the following
persons:
(1) the commissioner;
(2) any assistant commissioner;
(3) any attorney employed by the OCCC or an assistant
attorney general representing the interest of the OCCC;
(4) employees of the licensing section;
(5) the director of consumer protection;
(6) the public information officer;
(7) the human resources specialist;
(8) any person appointed to act on behalf of or in
the stead of any of the above; and
(9) any employee of the OCCC who:
(A) requires access to criminal history record information
in order to fulfill the employee's duties; and
(B) is approved by the commissioner or the director
of consumer protection to view criminal history record information.
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Source Note: The provisions of this §82.1 adopted to be effective October 29, 1993, 18 TexReg 7157; amended to be effective January 4, 2007, 31 TexReg 10760; amended to be effective September 6, 2012, 37 TexReg 6909; amended to be effective June 30, 2016, 41 TexReg 4641; amended to be effective November 5, 2020, 45 TexReg 7702 |