Texas 2025 - 89th Regular

Texas House Bill HB5097

Filed
3/13/25  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

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.

Impact

If passed, HB 5097 will impact multiple sections of the Government Code related to how entities such as medical boards, the insurance department, and other regulatory bodies access criminal history records. This includes amendments to existing statutes that would ensure uniformity in the application procedures for licenses and grants access to criminal history records while implementing measures for security against unauthorized dissemination. The bill intends to enhance public trust and safety by ensuring that licenses are issued only after adequate vetting of individuals through proper background checks.

Summary

House Bill 5097 aims to modify the access and use of criminal history record information in Texas. The bill focuses specifically on the protocols for obtaining such information and the terminology associated with licenses that require a criminal history background check. It seeks to clarify the process for individuals and entities that need to access criminal records, ensuring that the right information is provided consistently. The proposed changes may help streamline procedures within various departments, such as the Texas Department of Insurance and the Texas Medical Board, that require criminal history checks for licensing various professionals in the state.

Sentiment

Overall sentiment around the bill appears to be supportive among regulatory bodies and entities that require access to criminal history information. Supporters argue that these changes are necessary for the efficient functioning of licensing processes, particularly for sectors that deal with vulnerable populations, such as health care. Furthermore, the proactive approach to securing personal information aligns with modern standards for personal data protection. However, any sentiments opposing the bill have yet to be documented or highlighted in the discussions.

Contention

There are concerns regarding the potential implications the bill may have on privacy, especially regarding how background checks are conducted and what information is deemed necessary. Critics might argue that while the bill aims for efficiency, it could lead to unauthorized breaches of sensitive information. Discussions will likely focus on balancing the need for public safety through thorough background checks while respecting individual privacy rights.

Texas Constitutional Statutes Affected

Government Code

  • Chapter 411. Department Of Public Safety Of The State Of Texas
    • Section: 095
    • Section: New Section
    • Section: 1143
    • Section: 122
    • Section: 12506
    • Section: 12508
    • Section: 12509
    • Section: 12517
    • Section: 095
    • Section: New Section
    • Section: 1143
    • Section: 122
    • Section: 12506
    • Section: 12508
    • Section: 12509
    • Section: 0845
    • Section: 086
    • Section: 087
    • Section: 12508
    • Section: 12509
    • Section: 12510
    • Section: 12511
    • Section: 1143
    • Section: 12506
    • Section: 0845
    • Section: 086
    • Section: 087
    • Section: 095
    • Section: New Section
    • Section: 1143
    • Section: 12506
    • Section: 12508
    • Section: 12509
    • Section: 12510
    • Section: 12511

Occupations Code

  • Chapter 503. Licensed Professional Counselors
    • Section: 308
    • Section: 308
    • Section: 308
    • Section: 308
  • Chapter 1201. Manufactured Housing
    • Section: 003
    • Section: 003
  • Chapter 557. Pharmacist-interns
    • Section: 001
  • Chapter 560. Licensing Of Pharmacies
    • Section: 051

Water Code

  • Chapter 26. Water Quality Control
    • Section: 0301

Insurance Code

  • Chapter 1305. Workers' Compensation Health Care Networks
    • Section: New Section
  • Chapter 801. Certificate Of Authority
    • Section: New Section
  • Chapter 822. General Incorporation And Regulatory Requirements For Insurance Companies Other Than Life, Health, Or Accident Insurance Companies
    • Section: New Section
  • Chapter 841. Life, Health, Or Accident Insurance Companies
    • Section: New Section
  • Chapter 843. Health Maintenance Organizations
    • Section: New Section
  • Chapter 844. Certification Of Certain Nonprofit Health Corporations
    • Section: New Section
  • Chapter 845. Statewide Rural Health Care System
    • Section: New Section
  • Chapter 846. Multiple Employer Welfare Arrangements
    • Section: New Section
  • Chapter 848. Health Care Collaboratives
    • Section: New Section
  • Chapter 964. Captive Insurance Companies
    • Section: New Section

Companion Bills

TX SB2587

Very Similar 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.

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