Texas House Bill HB2047

Texas 2009 - 81st Regular

Caption

Relating to authorizing a criminal justice agency to disclose certain criminal history record information to the Guardianship Certification Board and offices of the county clerk.

Impact

If enacted, HB2047 will expand the list of entities that can receive criminal history records, enabling the Guardianship Certification Board to perform thorough evaluations of prospective guardians' backgrounds. The inclusion of county clerks as authorized recipients is particularly significant, as it directly facilitates their role in overseeing guardianship appointments. By granting these agencies access to potentially sensitive criminal history records, the bill aims to uphold the integrity of the guardianship process and protect those who are unable to advocate for themselves.

Summary

House Bill 2047 aims to amend the Government Code to allow criminal justice agencies to disclose certain types of criminal history record information to the Guardianship Certification Board and county clerk offices. The bill seeks to ensure that those involved in guardianship proceedings are able to access relevant criminal background information about individuals applying for guardianship, thus promoting informed decision-making in these sensitive matters. This amendment highlights the need for transparency in the guardianship process, which has legal implications for vulnerable populations, particularly the elderly and disabled.

Contention

While the bill presents a logical extension of disclosure policies aimed at safeguarding vulnerable individuals, it raises points of contention regarding privacy and the handling of sensitive information. Critics may argue that making additional criminal history records accessible to noncriminal justice agencies could unintentionally lead to misuse or overreach in evaluating guardianship applications. There is a fine balance between ensuring safety and respecting individual privacy rights, and opinions may vary on how best to achieve this.

Implementation

The bill proposes that immediate effect would be given upon receiving a two-thirds vote from all elected members in each house, suggesting a level of urgency in its passage. If this immediate effect is not granted, the provisions of HB2047 would come into effect on September 1, 2009. This legislative urgency reflects the bill's anticipated impact on guardianship processes and the need for timely access to criminal history records to protect vulnerable individuals.