Relating to access to and use of certain criminal history record information.
Impact
If enacted, HB 4123 will significantly modify the existing framework governing criminal history inquiries for numerous agencies and entities. This includes the Texas Education Agency and the Health and Human Services Commission, which will gain specified rights to access criminal background information crucial for assessing the suitability of applicants for jobs in schools and health services. The necessary changes will align state law with national standards, thereby promoting a uniform approach to background checks across various sectors.
Summary
House Bill 4123 addresses the access and utilization of certain criminal history record information within Texas. The legislation seeks to amend various sections of the state codes, particularly focusing on improving requirements for background checks of individuals employed in critical roles, especially those with direct contact with vulnerable populations such as children and patients. The bill emphasizes adherence to FBI standards for criminal history checks to ensure a robust process that enhances safety and compliance in public services.
Sentiment
Discussions around HB 4123 indicate a generally supportive sentiment from lawmakers, particularly regarding its intent to bolster safety measures in educational and public health institutions. Stakeholders such as educators and health professionals have largely backed the proposal, acknowledging the importance of thorough vetting processes. However, there are concerns related to privacy and the extent of information sharing, emphasizing a balanced approach to safeguarding individuals' rights while ensuring public safety.
Contention
Notable points of contention stem from the implications of extensive background checks mandated by this bill. While proponents argue that comprehensive checks are necessary to protect children and vulnerable community members, critics highlight potential fears of overreach and the possible stigmatization of individuals with past offenses. The debate underscores the need to navigate privacy concerns carefully while fulfilling the bill's objective of enhancing safety and trust in public services.
Texas Constitutional Statutes Affected
Occupations Code
Chapter 2025. Licensing
Section: 251
Section: 251
Chapter 1101. Real Estate Brokers And Sales Agents
Section: 501
Section: 5041
Section: 3521
Chapter 1. General Provisions
Section: New Section
Chapter 1301. Plumbers
Section: New Section
Section: New Section
Chapter 453. Physical Therapists
Section: New Section
Chapter 454. Occupational Therapists
Section: New Section
Education Code
Chapter 22. School District Employees And Volunteers
Section: 0834
Section: New Section
Section: 0834
Section: 0834
Section: 0835
Section: New Section
Section: 0834
Section: 0835
Section: New Section
Estates Code
Chapter 1104. Selection Of And Eligibility To Serve As Guardian
Section: New Section
Section: 402
Section: 404
Section: 402
Section: 404
Section: 402
Section: 404
Government Code
Chapter 411. Department Of Public Safety Of The State Of Texas
Section: New Section
Section: 122
Section: 1386
Section: 13861
Section: 0901
Section: 1405
Section: 1106
Section: New Section
Section: 1161
Section: 12506
Section: 12507
Section: 090
Section: 095
Section: 0995
Section: New Section
Human Resources Code
Chapter 73. Early Childhood Intervention Services
Section: 005
Health And Safety Code
Chapter 250. Nurse Aide Registry And Criminal History Checks Of Employees And Applicants For Employment In Certain Facilities Serving The Elderly, Persons With Disabilities, Or Persons With Terminal Illnesses
Section: New Section
Section: New Section
Chapter 142. Home And Community Support Services
Section: New Section
Section: New Section
Chapter 242. Convalescent And Nursing Facilities And Related Institutions
Section: New Section
Section: New Section
Chapter 341. Minimum Standards Of Sanitation And Health Protection Measures
Section: New Section
Chapter 361. Solid Waste Disposal Act
Section: New Section
Water Code
Chapter 26. Water Quality Control
Section: New Section
Chapter 37. Occupational Licensing And Registration
Relating to the access to and use of certain criminal history record information, to the procedure for obtaining that information, and to the correct terminology for certain licenses the issuance of which requires a criminal history background check.
Relating to the access to and use of certain criminal history record information, to the procedure for obtaining that information, and to the correct terminology for certain licenses the issuance of which requires a criminal history background check.
Relating to accessing criminal history record information and other records of involvement in the criminal justice system; authorizing fees; authorizing a civil penalty; creating criminal offenses.
Relating to the authority of the Department of Public Safety of the State of Texas to obtain and use criminal history record information for certain departmental authorizations.
Relating to the regulation of certain shelter day-care facilities, child-care facilities, and individuals providing child-care services, and access to certain criminal history record information; providing an administrative penalty.
Relating to the nonsubstantive revision of the health and human services laws governing the Health and Human Services Commission, Medicaid, and other social services.
Relating to the access to and use of certain criminal history record information, to the procedure for obtaining that information, and to the correct terminology for certain licenses the issuance of which requires a criminal history background check.