TX
Texas House Bill HB4123

Texas 2023 - 88th Regular

Texas House Bill HB4123

Filed
3/8/23  
Out of House Committee
5/4/23  
Voted on by House
5/9/23  
Out of Senate Committee
5/19/23  
Voted on by Senate
5/24/23  
Governor Action
6/13/23  

Caption

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
    • Section: New Section

Finance Code

  • Chapter 180. Residential Mortgage Loan Originators
    • Section: New Section

Companion Bills

TX SB1785

Identical Relating to the dissemination of criminal history record information by the Department of Public Safety.

Previously Filed As

TX HB5097

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.

TX SB2587

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.

TX SB1785

Relating to the dissemination of criminal history record information by the Department of Public Safety.

TX SB1874

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.

TX HB729

Relating to access to criminal history record information by certain hospitals and other facilities.

TX HB3579

Relating to certain criminal history record information; authorizing a fee.

TX HB1627

Criminal history record information; dissemination of record information.

TX SB549

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.

TX SB1178

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.

TX SB1193

Criminal history record information; dissemination of record information.

Similar Bills

TX SB1785

Relating to the dissemination of criminal history record information by the Department of Public Safety.

TX HB4611

Relating to the nonsubstantive revision of the health and human services laws governing the Health and Human Services Commission, Medicaid, and other social services.

TX HB3699

Relating to the authority of the Health and Human Services Commission to obtain criminal history record information.

TX SB2200

Relating to the authority of the Health and Human Services Commission to obtain criminal history record information.

TX SB2587

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.