Texas 2025 - 89th Regular

Texas House Bill HB5097 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Guillen H.B. No. 5097
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to access to and use of certain criminal history record
7	9		information.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Section 411.095, Government Code, is amended by
10	12		amending Subsection (b) to read as follows:
11	13		(b) The consumer credit commissioner may not release or
12	14		disclose to any person criminal history record information obtained
13	15		from the Federal Bureau of Investigation under Subsection (a-1)(1)
14	16		except to the person who is the subject of the criminal history
15	17		record information. The consumer credit commissioner may not
16	18		release or disclose criminal history record information obtained
17	19		under Subsection (a-1)(2) except:
18	20		(1) on court order;
19	21		(2) to the person who is the subject of the criminal
20	22		history record information;
21	23		(3) with the consent of the person who is the subject
22	24		of the criminal history record information; or
23	25		(4) in a hearing where the Office of Consumer Credit
24	26		Commissioner is a party.
25	27		SECTION 2. Section 411.106, Government Code, is amended by
26	28		amending subsection (a) to read as follows:
27	29		(a) The Texas Department of Insurance is entitled to obtain
28	30		criminal history record information as provided by Subsection (a-1)
29	31		that relates to a person who is:
30	32		(1) an applicant for a license, permit, certificate of
31	33		authority, certificate of registration, or other authorization
32	34		issued by the Texas Department of Insurance to engage in an activity
33	35		regulated under the Insurance Code, including a person who is:
34	36		(A) an applicant for approval of an acquisition,
35	37		change, or divestiture of control of a domestic insurer under
36	38		Chapter 823, Insurance Code;
37	39		(B) an applicant for or holder of a license or
38	40		registration under Chapter 981, Insurance Code, or associated with
39	41		an entity that is an applicant for or holder of such a license or
40	42		registration;
41	43		(C) an applicant for or holder of a license or
42	44		registration under Chapter 1111A, Insurance Code, or associated
43	45		with an entity that is an applicant for or holder of such a license
44	46		or registration;
45	47		(D) an applicant for or holder of a license or
46	48		registration under Chapter 2651, Insurance Code, or associated with
47	49		an entity that is an applicant for or holder of such a license or
48	50		registration;
49	51		(E) an applicant for or holder of a license or
50	52		registration under Chapter 2652, Insurance Code;
51	53		(F) an applicant for or holder of a license or
52	54		registration under Chapter 4051, Insurance Code, or associated with
53	55		an entity that is an applicant for or holder of such a license or
54	56		registration;
55	57		(G) an applicant for or holder of a license or
56	58		registration under Chapter 4053, Insurance Code, or associated with
57	59		an entity that is an applicant for or holder of such a license or
58	60		registration;
59	61		(H) an applicant for or holder of a license or
60	62		registration under Chapter 4054, Insurance Code, or associated with
61	63		an entity that is an applicant for or holder of such a license or
62	64		registration;
63	65		(I) an applicant for or holder of a license or
64	66		registration under Chapter 4056, Insurance Code, or associated with
65	67		an entity that is an applicant for or holder of such a license or
66	68		registration;
67	69		(J) an applicant for or holder of a license or
68	70		registration under Chapter 4101, Insurance Code, or associated with
69	71		an entity that is an applicant for or holder of such a license or
70	72		registration;
71	73		(K) an applicant for or holder of a license or
72	74		registration under Chapter 4102, Insurance Code, or associated with
73	75		an entity that is an applicant for or holder of such a license or
74	76		registration;
75	77		(L) an applicant for or holder of a certificate
76	78		of authority under Chapter 4151, Insurance Code, or associated with
77	79		an entity that is an applicant for or holder of such a certificate;
78	80		(M) an applicant for or holder of a license or
79	81		registration under Chapter 4152, Insurance Code, or associated with
80	82		an entity that is an applicant for or holder of such a license or
81	83		registration;
82	84		(N) an applicant for or holder of a license or
83	85		registration under Chapter 4153, Insurance Code, or associated with
84	86		an entity that is an applicant for or holder of such a license or
85	87		registration;
86	88		(O) an applicant for or holder of a certificate
87	89		of registration under Chapter 4201, Insurance Code, or associated
88	90		with an entity that is an applicant for or holder of such a
89	91		certificate;
90	92		(P) associated with an entity that is an
91	93		applicant for or holder of a certification under Chapter 4202,
92	94		Insurance Code;
93	95		(Q) associated with an entity that is an
94	96		applicant for or holder of a registration under Chapter 7001,
95	97		Insurance Code;
96	98		(R) an applicant for or holder of a license or
97	99		registration under Chapter 91, Labor Code, or associated with an
98	100		entity that is an applicant for or holder of such a license or
99	101		registration; and
100	102		(S) associated with an entity that is an
101	103		applicant for or holder of a certificate of approval under Chapter
102	104		407A, Labor Code; or
103	105		(2) a corporate officer or director of an insurance
104	106		company regulated by the Texas Department of Insurance, including a
105	107		company that is:
106	108		(A) an applicant for or holder of a certificate
107	109		of authority under Chapter 801, Insurance Code;
108	110		(B) an applicant for or holder of a certificate
109	111		of authority under Chapter 822, Insurance Code;
110	112		(C) an applicant for or holder of a certificate
111	113		of authority under Chapter 841, Insurance Code;
112	114		(D) an applicant for or holder of a certificate
113	115		of authority under Chapter 843, Insurance Code;
114	116		(E) an applicant for or holder of a certificate
115	117		of authority under Chapter 844, Insurance Code;
116	118		(F) an applicant for or holder of a certificate
117	119		of authority under Chapter 845, Insurance Code;
118	120		(G) an applicant for or holder of a certificate
119	121		of authority under Chapter 846, Insurance Code;
120	122		(H) an applicant for or holder of a certificate
121	123		of authority under Chapter 848, Insurance Code;
122	124		(I) an applicant for or holder of a certificate
123	125		of authority under Chapter 964, Insurance Code;
124	126		(J) an applicant for or holder of a certificate
125	127		of authority under Chapter 1305, Insurance Code; and
126	128		(K) an applicant for or holder of a certificate
127	129		of authority under Title 11, Insurance Code.
128	130		SECTION 3. Section 411.1143, Government Code, is amended by
129	131		amending Subsection (a-1) to read as follows:
130	132		(a-1) Criminal history record information the Health and
131	133		Human Services Commission or the office of inspector general is
132	134		authorized to obtain under Subsection (a) includes criminal history
133	135		record information relating to:
134	136		(1) a person [with a direct or indirect ownership or
135	137		control interest, as defined by 42 C.F.R. Section 455.101, in a
136	138		provider of five percent or more] who, with an interest of five
137	139		percent or more:
138	140		(A) Has a direct or an indirect ownership
139	141		interest or any combination thereof of 5 percent or more in the
140	142		entity;
141	143		(B) Is the owner of a whole or part interest in
142	144		any mortgage, deed of trust, note, or other obligation secured, in
143	145		whole or in part, by the entity or any of the property assets
144	146		thereof, if such interest is equal to or exceeds 5 percent of the
145	147		total property and assets of the entity;
146	148		(C) Is an officer or a director of the entity;
147	149		(D) Is a partner in the entity if the entity is
148	150		organized as a partnership;
149	151		(E) Is an agent of the entity; or
150	152		(F) Is a managing employee of the entity; and
151	153		(2) a person whose information is required to be
152	154		disclosed in accordance with 42 C.F.R. Part 1001.
153	155		SECTION 4. Section 411.122, Government Code, is amended by
154	156		amending Subsection (d) to read as follows:
155	157		(d) The following state agencies are subject to this
156	158		section:
157	159		(1) Texas Appraiser Licensing and Certification
158	160		Board;
159	161		(2) Texas Board of Architectural Examiners;
160	162		(3) Texas Board of Chiropractic Examiners;
161	163		(4) State Board of Dental Examiners;
162	164		(5) Texas Board of Professional Engineers and Land
163	165		Surveyors;
164	166		(6) Texas Funeral Service Commission;
165	167		(7) Texas Board of Professional Geoscientists;
166	168		(8) Health and Human Services Commission, except as
167	169		provided by Section 411.110, and agencies attached to the
168	170		commission;
169	171		(9) Texas Department of Licensing and Regulation;
170	172		(10) Texas Commission on Environmental Quality;
171	173		(11) Executive Council of Physical Therapy and
172	174		Occupational Therapy Examiners;
173	175		(12) Texas Optometry Board;
174	176		(13) Texas State Board of Pharmacy;
175	177		(14) Texas State Board of Plumbing Examiners;
176	178		(15) Texas Behavioral Health Executive Council [Texas
177	179		State Board of Examiners of Psychologists];
178	180		(16) Texas Real Estate Commission;
179	181		(17) Texas Department of Transportation;
180	182		(18) State Board of Veterinary Medical Examiners;
181	183		(19) Texas Department of Housing and Community
182	184		Affairs;
183	185		(20) secretary of state;
184	186		(21) state fire marshal;
185	187		(22) Texas Education Agency;
186	188		(23) Department of Agriculture; and
187	189		(24) Texas Department of Motor Vehicles.
188	190		SECTION 5. Section 411.12506, Government Code, is amended
189	191		by amending Subsection (a) to read as follows:
190	192		(a) The Texas Commission on Environmental Quality is
191	193		entitled to obtain criminal history record information as provided
192	194		by Subsection (b) that relates to a person who:
193	195		(1) a person who is an applicant for:
194	196		[is an applicant for a license, permit, or registration
195	197		under:]
196	198		(A) a water supply system operator license under
197	199		Section 37.003, Water Code, as defined by Section 341.001(12),
198	200		Health and Safety Code, and required by Section 341.033(a) of that
199	201		code;
200	202		(B) a backflow prevention assembly tester
201	203		license to repair or test the installation or operation of backflow
202	204		prevention assemblies under Section 37.003, Water Code, as
203	205		described in Section 341.034(c), Health and Safety Code;
204	206		(C) a customer service inspector license to
205	207		inspect homes and businesses to identify potential or actual
206	208		cross-connections or other contaminant hazards in public water
207	209		systems under Section 37.003, Water Code, as described in Section
208	210		341.034(d), Health and Safety Code;
209	211		(D) a municipal solid waste operator license to
210	212		supervise the operation or maintenance of solid waste facilities
211	213		under Section 37.003, Water Code, as described in Section 361.027,
212	214		Health and Safety Code;
213	215		(E) an on-site sewage facility apprentice or
214	216		installer license to construct, install, alter, or extend an
215	217		on-site sewage disposal system under Section 366.071(a), Health and
216	218		Safety Code;
217	219		(F) an on-site sewage facility maintenance
218	220		provider or technician license to service, maintain, or repair an
219	221		on-site sewage disposal system under Section 37.003, Water Code, as
220	222		described in Section 366.071(a), Health and Safety Code;
221	223		(G) an on-site sewage facility designated
222	224		representative license to work for an authorized agent to review
223	225		permit applications, site evaluations, or planning materials or
224	226		inspect on-site sewage disposal systems under Section 37.003, Water
225	227		Code, as described in Section 366.071(b), Health and Safety Code;
226	228		(H) an on-site sewage facility site evaluator
227	229		license to conduct preconstruction site evaluations, including
228	230		visiting a site and performing a soil analysis, a site survey, or
229	231		other activities necessary to determine the suitability of a site
230	232		for an on-site sewage disposal system under Section 37.003, Water
231	233		Code, as described in Section 366.071(c), Health and Safety Code;
232	234		(I) a persons who inspects an irrigation system
233	235		for a municipality or water district under Section 1903.251(a)(4),
234	236		Occupations Code;
235	237		(J) a person who sells, designs, installs,
236	238		maintains, alters, repairs, or services irrigation systems,
237	239		provides consulting services relating to an irrigation system, or
238	240		connects an irrigation system to a water supply under Section
239	241		37.003, Water Code, as described in Section 1903.251(a)(1)-(3),
240	242		Occupations Code;
241	243		(K) a person who installs, exchanges, services,
242	244		and repairs residential, commercial, or industrial water treatment
243	245		equipment and appliances under Section 1904.052, Occupations Code;
244	246		(L) a person who supervises a corrective action
245	247		plan for a leaking petroleum storage tank under Section 26.366,
246	248		Water Code;
247	249		(M) a person who supervises the installation,
248	250		repair, or removal of an underground storage tank under Section
249	251		37.003, Water Code, as described in Section 26.456 of that Code; or
250	252		(N) a person who performs process control
251	253		activities at a sewage treatment facility under Section 26.0301(c),
252	254		Water Code.
253	255		(O) a person who supervises the maintenance of a
254	256		sewage collection system under Section 26.0301(c), Water Code.
255	257		[(B) Chapter 1903, Occupations Code; or
256	258		(C) Chapters 26 and 37, Water Code;]
257	259		(2) is the holder of a license[, permit, or
258	260		registration] under a provision listed in Subdivision (1); or
259	261		(3) requests a determination of eligibility for a
260	262		license, permit, or registration] from the agency under a provision
261	263		listed in Subdivision (1).
262	264		SECTION 6. Section 411.12508, Government Code, is amended
263	265		by amending Subsection (a) to read as follows:
264	266		(a) The manufactured housing division of the Texas
265	267		Department of Housing and Community Affairs is entitled to obtain
266	268		criminal history record information as provided by Subsection (b)
267	269		that relates to a person who is an applicant or holder of a license
268	270		for:
269	271		(1) [an applicant for or holder of] a manufacturer's
270	272		license under Section 1201.101(a), Occupations Code; [Chapter
271	273		1201, Occupations Code; or, Occupations Code; or
272	274		(2) a retailer's license under Section 1201.101(b),
273	275		Occupations Code;
274	276		(3) a broker's license under Section 1201.101(c) or
275	277		(e), Occupations Code;
276	278		(4) an installer's license under Section 1201.101(d),
277	279		Occupations Code;
278	280		(5) a salesperson's license under Section 1201.101(f),
279	281		Occupations Code; or
280	282		(6) an owner, officer, or related person or manager of
281	283		a person described by Subdivision (1).
282	284		SECTION 7. Section 411.12509, Government Code, is amended
283	285		by amending Subsection (a) to read as follows:
284	286		(a) The state fire marshal is entitled to obtain criminal
285	287		history record information as provided by Subsection (b) that
286	288		relates: [to a person who is an applicant for a license issued by
287	289		the state fire marshal.]
288	290		(1) a person who is an applicant for or holder of a
289	291		fire extinguisher license or apprentice permit under Chapter 6001,
290	292		including a fire extinguisher license Type PL, Type A, Type B, and
291	293		Type K, fire extinguisher apprentice permit;
292	294		(2) a person who is an applicant for or holder of a
293	295		fire alarm planning superintendent or fire alarm technician license
294	296		Chapter 6002, Insurance Code Section 6002.002, including fire alarm
295	297		technician license, fire alarm monitoring technician license, fire
296	298		alarm instructor, residential fire alarm superintendent single
297	299		station license, residential fire alarm superintendent license,
298	300		fire alarm planning superintendent license, residential fire alarm
299	301		technician license, and training school approval;
300	302		(3) a person who is an applicant for or holder of a
301	303		fire protection sprinkler system contractor or fire sprinkler
302	304		responsible managing employee as defined by Insurance Code Section
303	305		6003.001, including Responsible Managing Employee-General,
304	306		Responsible Managing Employee-Dwelling, Responsible Managing
305	307		Employee-Underground, and Responsible Managing Employee-General
306	308		Inspector; or
307	309		(4) the applicant for or holder of a license or
308	310		registration under Chapter 2154, Occupations Code, Subchapter C,
309	311		including pyrotechnic operator's license, pyrotechnic special
310	312		effects operator's license, and flame effects operator's license.
311	313		SECTION 8. Section 411.12517, Government Code, is amended
312	314		by adding Subsections (b), (g), and (h), and amending Subsections
313	315		(a), (c), (d), (e), and (f) to read as follows:
314	316		(a) The Texas State Board of Pharmacy is entitled to obtain
315	317		criminal history record information as provided by Subsection (c)
316	318		[(b)] that relates to a person who in addition to the information
317	319		required for issuance of a license, certificate, registration, or
318	320		permit by the Texas State Board of Pharmacy, or for employment with
319	321		the Texas State Board of Pharmacy, shall submit to the Texas State
320	322		Board of Pharmacy a complete set of fingerprints and:
321	323		(1) is an applicant for or holder of a [license,
322	324		certificate,] registration as a pharmacist-intern [, permit, or
323	325		other authorization] under Section 557.001 [Chapters 557, 558, 559,
324	326		and 568], Occupations Code;
325	327		(2) is an applicant for or holder of a license by
326	328		examination to practice pharmacy under Section 558.051 [Class A,
327	329		Class B, Class C, Class D, or Class E pharmacy license under
328	330		Chapters 560 and 561], Occupations Code;
329	331		(3) is an applicant for or a holder of a license by
330	332		reciprocity to practice pharmacy under Section 558.101,
331	333		Occupations Code;
332	334		(4) is an applicant for or a holder of a provisional
333	335		license to practice pharmacy under Sections 558.151 and 558.154,
334	336		Occupations Code;
335	337		(5) is an applicant for or a holder of a registration
336	338		as a pharmacy technician under Section 568.002, Occupations Code;
337	339		(6) is an applicant for or a holder of a registration
338	340		as a pharmacy technician trainee under Section 568.002, Occupations
339	341		Code;
340	342		(7) [(3)] requests a determination of eligibility for
341	343		a license, certificate, registration, permit, or other
342	344		authorization from the Texas State Board of Pharmacy under Sections
343	345		53.102 and 53.104, Occupations Code; or
344	346		(8) [(4)] is an applicant for employment at or current
345	347		employee of the Texas State Board of Pharmacy.
346	348		(b) The Texas State Board of Pharmacy is entitled to obtain
347	349		criminal history record information as provided by Subsection (c)
348	350		that relates to a person who is a partner, an officer, a director, a
349	351		managing employee, or owner or person who controls the owner and is
350	352		an applicant for or holder of the following:
351	353		(1) a Class A pharmacy license or community pharmacy
352	354		under Section 560.051, Occupations Code;
353	355		(2) a Class B pharmacy license or nuclear pharmacy
354	356		under Section 560.051, Occupations Code;
355	357		(3) a Class C pharmacy license or institutional
356	358		pharmacy license issued to a pharmacy located in an inpatient
357	359		facility, including a hospital, a hospital maintained or operated
358	360		by the state, a hospice inpatient facility or an ambulatory
359	361		surgical center under Section 560.051, Occupations Code;
360	362		(4) a Class D pharmacy license or clinic pharmacy
361	363		under Section 560.051, Occupations Code; or
362	364		(5) a Class E pharmacy license or nonresident pharmacy
363	365		license issued to a pharmacy located in another state under Section
364	366		560.051, Occupations Code.
365	367		(c) [(b)] Subject to Section 411.087 and consistent with
366	368		the public policy of this state, the Texas State Board of Pharmacy
367	369		is entitled to:
368	370		(1) obtain through the Federal Bureau of Investigation
369	371		criminal history record information maintained or indexed by that
370	372		bureau that pertains to a person described by Subsections
371	373		[Subsection] (a) and (b); and
372	374		(2) obtain from the department or any other criminal
373	375		justice agency in this state criminal history record information
374	376		maintained by the department or that criminal justice agency that
375	377		relates to a person described by Subsections [Subsection] (a) and
376	378		(b).
377	379		(d) [(c)] The Texas State Board of Pharmacy may not release
378	380		or disclose to any person criminal history record information
379	381		obtained from the Federal Bureau of Investigation under Subsection
380	382		(c)(1) [(b)(1)]. Criminal history record information obtained by
381	383		the Texas State Board of Pharmacy under Subsection (c)(2) [(b)(2)]
382	384		may not be released or disclosed to any person except on court
383	385		order, with the written consent of the person who is the subject of
384	386		the criminal history record information, or as provided by
385	387		Subsection (e) [(d)].
386	388		(e) [(d)] The Texas State Board of Pharmacy is not
387	389		prohibited from disclosing criminal history record information
388	390		obtained under Subsection (c)(2) [(b)(2)] in a criminal proceeding
389	391		or in a hearing conducted by the Texas State Board of Pharmacy or
390	392		the State Office of Administrative Hearings.
391	393		(f) [(e)] The Texas State Board of Pharmacy shall destroy
392	394		criminal history record information obtained under this section
393	395		after a final determination is made in the matter for which the
394	396		information was obtained.
395	397		(g) The failure or refusal of an employee of or applicant to
396	398		the Texas State Board of Pharmacy to provide the following on
397	399		request constitutes good cause for dismissal or refusal to hire:
398	400		(1) a complete set of fingerprints;
399	401		(2) a true and complete name; or
400	402		(3) other information necessary for a law enforcement
401	403		entity to obtain criminal history record information.
402	404		(h) In addition to the information required by Section
403	405		559.003, Occupations Code, a license holder who previously has not
404	406		submitted a complete set of fingerprints as part of an application
405	407		for a license as listed in Subsection (a), shall submit to the
406	408		Texas State Board of Pharmacy with the completed application for
407	409		renewal of a license to practice pharmacy a complete set of
408	410		fingerprints. Failure to submit a complete set of fingerprints
409	411		under this section may result in a suspension or refusal to renew
410	412		the license by the Texas State Board of Pharmacy.
411	413		SECTION 9. The title to Section 503.308, Occupations Code,
412	414		is amended to read as follows:
413	415		ASSOCIATE [TEMPORARY] LICENSE.
414	416		SECTION 10. Section 503.308, Occupations Code, is amended
415	417		by amending Subsection (a) to read as follows:
416	418		(a) The executive council shall [by rule may] provide for
417	419		the issuance of an associate [a temporary] license. Rules adopted
418	420		under this subsection must provide a time limit for the period an
419	421		associate [a temporary] license is valid.
420	422		(b) The executive council by rule may adopt a system under
421	423		which an associate [a temporary] license may be issued to a person
422	424		who: (1) meets all of the academic and examination requirements for
423	425		licensing; and (2) enters into a supervisory agreement with a
424	426		supervisor approved by the executive council.
425	427		SECTION 11. Section 1201.003, Occupations Code, is amended
426	428		by amending Subsections (17), (22), (23), and (26) to read as
427	429		follows:
428	430		(17) "License holder" or "licensee" means a person
429	431		listed on a Manufactured Housing Division License application who
430	432		holds a department-issued license as a manufacturer, retailer,
431	433		broker, salesperson, or installer.
432	434		(22) "Person" means an individual or a partnership,
433	435		company, corporation, or association[, or other group, however
434	436		organized].
435	437		(23) "Related Person" means an [person] individual
436	438		who:
437	439		(A) directly participates in management or
438	440		policy decisions; and
439	441		(B) is designated by an entity and satisfies the
440	442		requirements of Sections 1201.104 and 1201.113 on behalf of the
441	443		entity, if the entity is licensed or seeking licensure under this
442	444		chapter.
443	445		(26) "Salesperson" means a person who, as an employee
444	446		[or agent] of a retailer or broker, sells or offers to sell
445	447		manufactured housing to a consumer.
446	448		SECTION 12. This Act takes effect September 1, 2025.