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TITLE 7BANKING AND SECURITIES
PART 5OFFICE OF CONSUMER CREDIT COMMISSIONER
CHAPTER 82ADMINISTRATION
RULE §82.1Custody of Criminal History Record Information

(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.


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

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