By: Zaffirini S.B. No. 2587
A BILL TO BE ENTITLED
AN ACT
relating to access to and use of certain criminal history record
information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.095, Government Code, is amended by
amending subsection (b) to read as follows:
(b) The consumer credit commissioner may not release or
disclose to any person criminal history record information obtained
from the Federal Bureau of Investigation under Subsection (a-1)(1)
except to the person who is the subject of the criminal history
record information. The consumer credit commissioner may not
release or disclose criminal history record information obtained
under Subsection (a-1)(2) except:
(1) on court order;
(2) to the person who is the subject of the criminal
history record information;
(3) with the consent of the person who is the subject
of the criminal history record information; or
(4) in a hearing where the Office of Consumer Credit
Commissioner is a party.
SECTION 2. Section 411.106, Government Code, is amended by
amending subsection (a) to read as follows:
(a) The Texas Department of Insurance is entitled to obtain
criminal history record information as provided by Subsection (a-1)
that relates to a person who is:
(1) an applicant for a license, permit, certificate of
authority, certificate of registration, or other authorization
issued by the Texas Department of Insurance to engage in an activity
regulated under the Insurance Code, including a person who is:
(A) an applicant for approval of an acquisition,
change, or divestiture of control of a domestic insurer under
Chapter 823, Insurance Code;
(B) an applicant for or holder of a license or
registration under Chapter 981, Insurance Code, or associated with
an entity that is an applicant for or holder of such a license or
registration;
(C) an applicant for or holder of a license or
registration under Chapter 1111A, Insurance Code, or associated
with an entity that is an applicant for or holder of such a license
or registration;
(D) an applicant for or holder of a license or
registration under Chapter 2651, Insurance Code, or associated with
an entity that is an applicant for or holder of such a license or
registration;
(E) an applicant for or holder of a license or
registration under Chapter 2652, Insurance Code;
(F) an applicant for or holder of a license or
registration under Chapter 4051, Insurance Code, or associated with
an entity that is an applicant for or holder of such a license or
registration;
(G) an applicant for or holder of a license or
registration under Chapter 4053, Insurance Code, or associated with
an entity that is an applicant for or holder of such a license or
registration;
(H) an applicant for or holder of a license or
registration under Chapter 4054, Insurance Code, or associated with
an entity that is an applicant for or holder of such a license or
registration;
(I) an applicant for or holder of a license or
registration under Chapter 4056, Insurance Code, or associated with
an entity that is an applicant for or holder of such a license or
registration;
(J) an applicant for or holder of a license or
registration under Chapter 4101, Insurance Code, or associated with
an entity that is an applicant for or holder of such a license or
registration;
(K) an applicant for or holder of a license or
registration under Chapter 4102, Insurance Code, or associated with
an entity that is an applicant for or holder of such a license or
registration;
(L) an applicant for or holder of a certificate
of authority under Chapter 4151, Insurance Code, or associated with
an entity that is an applicant for or holder of such a certificate;
(M) an applicant for or holder of a license or
registration under Chapter 4152, Insurance Code, or associated with
an entity that is an applicant for or holder of such a license or
registration;
(N) an applicant for or holder of a license or
registration under Chapter 4153, Insurance Code, or associated with
an entity that is an applicant for or holder of such a license or
registration;
(O) an applicant for or holder of a certificate
of registration under Chapter 4201, Insurance Code, or associated
with an entity that is an applicant for or holder of such a
certificate;
(P) associated with an entity that is an
applicant for or holder of a certification under Chapter 4202,
Insurance Code;
(Q) associated with an entity that is an
applicant for or holder of a registration under Chapter 7001,
Insurance Code;
(R) an applicant for or holder of a license or
registration under Chapter 91, Labor Code, or associated with an
entity that is an applicant for or holder of such a license or
registration; and
(S) associated with an entity that is an
applicant for or holder of a certificate of approval under Chapter
407A, Labor Code; or
(2) a corporate officer or director of an insurance
company regulated by the Texas Department of Insurance, including a
company that is:
(A) an applicant for or holder of a certificate
of authority under Chapter 801, Insurance Code;
(B) an applicant for or holder of a certificate
of authority under Chapter 822, Insurance Code;
(C) an applicant for or holder of a certificate
of authority under Chapter 841, Insurance Code;
(D) an applicant for or holder of a certificate
of authority under Chapter 843, Insurance Code;
(E) an applicant for or holder of a certificate
of authority under Chapter 844, Insurance Code;
(F) an applicant for or holder of a certificate
of authority under Chapter 845, Insurance Code;
(G) an applicant for or holder of a certificate
of authority under Chapter 846, Insurance Code;
(H) an applicant for or holder of a certificate
of authority under Chapter 848, Insurance Code;
(I) an applicant for or holder of a certificate
of authority under Chapter 964, Insurance Code;
(J) an applicant for or holder of a certificate
of authority under Chapter 1305, Insurance Code; and
(K) an applicant for or holder of a certificate
of authority under Title 11, Insurance Code.
SECTION 3. Section 411.1143, Government Code, is amended by
amending subsection (a-1) to read as follows:
(a-1) Criminal history record information the Health and
Human Services Commission or the office of inspector general is
authorized to obtain under Subsection (a) includes criminal
history record information relating to:
(1) a person [with a direct or indirect ownership or
control interest, as defined by 42 C.F.R. Section 455.101, in a
provider of five percent or more] who, with an interest of five
percent or more:
(A) Has a direct or an indirect ownership
interest or any combination thereof of 5 percent or more in the
entity;
(B) Is the owner of a whole or part interest in
any mortgage, deed of trust, note, or other obligation secured, in
whole or in part, by the entity or any of the property assets
thereof, if such interest is equal to or exceeds 5 percent of the
total property and assets of the entity;
(C) Is an officer or a director of the entity;
(D) Is a partner in the entity if the entity is
organized as a partnership;
(E) Is an agent of the entity; or
(F) Is a managing employee of the entity; and
(2) a person whose information is required to be
disclosed in accordance with 42 C.F.R. Part 1001.
SECTION 4. Section 411.122, Government Code, is amended by
amending subsection (d) to read as follows:
(d) The following state agencies are subject to this
section:
(1) Texas Appraiser Licensing and Certification
Board;
(2) Texas Board of Architectural Examiners;
(3) Texas Board of Chiropractic Examiners;
(4) State Board of Dental Examiners;
(5) Texas Board of Professional Engineers and Land
Surveyors;
(6) Texas Funeral Service Commission;
(7) Texas Board of Professional Geoscientists;
(8) Health and Human Services Commission, except as
provided by Section 411.110, and agencies attached to the
commission;
(9) Texas Department of Licensing and Regulation;
(10) Texas Commission on Environmental Quality;
(11) Executive Council of Physical Therapy and
Occupational Therapy Examiners;
(12) Texas Optometry Board;
(13) Texas State Board of Pharmacy;
(14) Texas State Board of Plumbing Examiners;
(15) Texas Behavioral Health Executive Council [Texas
State Board of Examiners of Psychologists];
(16) Texas Real Estate Commission;
(17) Texas Department of Transportation;
(18) State Board of Veterinary Medical Examiners;
(19) Texas Department of Housing and Community
Affairs;
(20) secretary of state;
(21) state fire marshal;
(22) Texas Education Agency;
(23) Department of Agriculture; and
(24) Texas Department of Motor Vehicles.
SECTION 5. Section 411.12506, Government Code, is amended
by amending subsection (a) to read as follows:
(a) The Texas Commission on Environmental Quality is
entitled to obtain criminal history record information as provided
by Subsection (b) that relates to a person who:
(1)a person who is an applicant for:
[is an applicant for a license, permit, or registration
under:]
(A) a water supply system operator license under
Section 37.003, Water Code, as defined by Section 341.001(12),
Health and Safety Code, and required by Section 341.033(a) of that
code;
(B) a backflow prevention assembly tester
license to repair or test the installation or operation of backflow
prevention assemblies under Section 37.003, Water Code, as
described in Section 341.034(c), Health and Safety Code;
(C) a customer service inspector license to
inspect homes and businesses to identify potential or actual
cross-connections or other contaminant hazards in public water
systems under Section 37.003, Water Code, as described in Section
341.034(d), Health and Safety Code;
(D) a municipal solid waste operator license to
supervise the operation or maintenance of solid waste facilities
under Section 37.003, Water Code, as described in Section 361.027,
Health and Safety Code;
(E) an on-site sewage facility apprentice or
installer license to construct, install, alter, or extend an
on-site sewage disposal system under Section 366.071(a), Health and
Safety Code;
(F) an on-site sewage facility maintenance
provider or technician license to service, maintain, or repair an
on-site sewage disposal system under Section 37.003, Water Code, as
described in Section 366.071(a), Health and Safety Code;
(G) an on-site sewage facility designated
representative license to work for an authorized agent to review
permit applications, site evaluations, or planning materials or
inspect on-site sewage disposal systems under Section 37.003, Water
Code, as described in Section 366.071(b), Health and Safety Code;
(H) an on-site sewage facility site evaluator
license to conduct preconstruction site evaluations, including
visiting a site and performing a soil analysis, a site survey, or
other activities necessary to determine the suitability of a site
for an on-site sewage disposal system under Section 37.003, Water
Code, as described in Section 366.071(c), Health and Safety Code;
(I) a persons who inspects an irrigation system
for a municipality or water district under Section 1903.251(a)(4),
Occupations Code;
(J) a person who sells, designs, installs,
maintains, alters, repairs, or services irrigation systems,
provides consulting services relating to an irrigation system, or
connects an irrigation system to a water supply under Section
37.003, Water Code, as described in Section 1903.251(a)(1)-(3),
Occupations Code;
(K) a person who installs, exchanges, services,
and repairs residential, commercial, or industrial water treatment
equipment and appliances under Section 1904.052, Occupations Code;
(L) a person who supervises a corrective action
plan for a leaking petroleum storage tank under Section 26.366,
Water Code;
(M) a person who supervises the installation,
repair, or removal of an underground storage tank under Section
37.003, Water Code, as described in Section 26.456 of that Code; or
(N) a person who performs process control
activities at a sewage treatment facility under Section 26.0301(c),
Water Code.
(O) a person who supervises the maintenance of a
sewage collection system under Section 26.0301(c), Water Code.
[(B)Chapter 1903, Occupations Code; or
(C) Chapters 26 and 37, Water Code;]
(2) is the holder of a license[, permit, or
registration] under a provision listed in Subdivision (1); or
(3) requests a determination of eligibility for a
license, permit, or registration] from the agency under a provision
listed in Subdivision (1).
SECTION 6. Section 411.12508, Government Code, is amended
by amending subsection (a) to read as follows:
(a) The manufactured housing division of the Texas
Department of Housing and Community Affairs is entitled to obtain
criminal history record information as provided by Subsection (b)
that relates to a person who is an applicant or holder of a license
for:
(1) [an applicant foror holder of] a manufacturer's
license under Section 1201.101(a), Occupations Code;[Chapter 1201,
Occupations Code; or]
(2) a retailer's license under Section
1201.101(b), Occupations Code;
(3) a broker's license under Section 1201.101(c) or
(e), Occupations Code;
(4) an installer's license under Section 1201.101(d),
Occupations Code;
(5) a salesperson's license under Section 1201.101(f),
Occupations Code; or
(6) an owner, officer, or related person or manager of
a person described by Subdivision (1).
SECTION 7. Section 411.12509, Government Code, is amended
by amending subsection (a) to read as follows:
(a) The state fire marshal is entitled to obtain criminal
history record information as provided by Subsection (b) that
relates: [to a person who is an applicant for a license issued by
the state fire marshal.]
(1) a person who is an applicant for or holder of a
fire extinguisher license or apprentice permit under Chapter 6001,
including a fire extinguisher license Type PL, Type A, Type B, and
Type K, fire extinguisher apprentice permit;
(2) a person who is an applicant for or holder of a
fire alarm planning superintendent or fire alarm technician license
Chapter 6002, Insurance Code Section 6002.002, including fire alarm
technician license, fire alarm monitoring technician license, fire
alarm instructor, residential fire alarm superintendent single
station license, residential fire alarm superintendent license,
fire alarm planning superintendent license, residential fire alarm
technician license, and training school approval;
(3) a person who is an applicant for or holder of a
fire protection sprinkler system contractor or fire sprinkler
responsible managing employee as defined by Insurance Code Section
6003.001, including Responsible Managing Employee-General,
Responsible Managing Employee-Dwelling, Responsible Managing
Employee-Underground, and Responsible Managing Employee-General
Inspector; or
(4) the applicant for or holder of a license or
registration under Chapter 2154, Occupations Code, Subchapter C,
including pyrotechnic operator's license, pyrotechnic special
effects operator's license, and flame effects operator's license.
SECTION 8. Section 411.12517, Government Code, is amended by
creating new subsections (b), (g), and (h), and amending
subsections (a), (c), (d), (e), and (f) to read as follows:
(a) The Texas State Board of Pharmacy is entitled to obtain
criminal history record information as provided by Subsection
(c)[(b)] that relates to a person who in addition to the information
required for issuance of a license, certificate, registration, or
permit by the Texas State Board of Pharmacy, or for employment with
the Texas State Board of Pharmacy, shall submit to the Texas State
Board of Pharmacy a complete set of fingerprints and:
(1) is an applicant for or holder of a [license,
certificate,] registration as a pharmacist-intern[, permit, or
other authorization] under Section 557.001[Chapters 557, 558, 559,
and 568], Occupations Code;
(2) is an applicant for or holder of a license by
examination to practice pharmacy under Section 558.051[Class A,
Class B, Class C, Class D, or Class E pharmacy license under
Chapters 560 and 561], Occupations Code;
(3) is an applicant for or a holder of a license by
reciprocity to practice pharmacy under Section 558.101,
Occupations Code;
(4) is an applicant for or a holder of a provisional
license to practice pharmacy under Sections 558.151 and 558.154,
Occupations Code;
(5) is an applicant for or a holder of a registration
as a pharmacy technician under Section 568.002, Occupations Code;
(6) is an applicant for or a holder of a registration
as a pharmacy technician trainee under Section 568.002, Occupations
Code;
(7)[(3)] requests a determination of eligibility for a
license, certificate, registration, permit, or other authorization
from the Texas State Board of Pharmacy under Sections 53.102 and
53.104, Occupations Code; or
(8)[(4)] is an applicant for employment at or current
employee of the Texas State Board of Pharmacy.
(b) The Texas State Board of Pharmacy is entitled to obtain
criminal history record information as provided by Subsection (c)
that relates to a person who is a partner, an officer, a director, a
managing employee, or owner or person who controls the owner and is
an applicant for or holder of the following:
(1) a Class A pharmacy license or community pharmacy
under Section 560.051, Occupations Code;
(2) a Class B pharmacy license or nuclear pharmacy
under Section 560.051, Occupations Code;
(3) a Class C pharmacy license or institutional
pharmacy license issued to a pharmacy located in an inpatient
facility, including a hospital, a hospital maintained or operated
by the state, a hospice inpatient facility or an ambulatory
surgical center under Section 560.051, Occupations Code;
(4) a Class D pharmacy license or clinic pharmacy
under Section 560.051, Occupations Code; or
(5) a Class E pharmacy license or nonresident pharmacy
license issued to a pharmacy located in another state under Section
560.051, Occupations Code.
(c)[(b)] Subject to Section 411.087 and consistent with the
public policy of this state, the Texas State Board of Pharmacy is
entitled to:
(1) obtain through the Federal Bureau of Investigation
criminal history record information maintained or indexed by that
bureau that pertains to a person described by Subsections
[Subsection] (a) and (b); and
(2) obtain from the department or any other criminal
justice agency in this state criminal history record information
maintained by the department or that criminal justice agency that
relates to a person described by Subsections[Subsection] (a) and
(b).
(d)[(c)] The Texas State Board of Pharmacy may not release or
disclose to any person criminal history record information obtained
from the Federal Bureau of Investigation under Subsection
(c)(1)[(b)(1)]. Criminal history record information obtained by
the Texas State Board of Pharmacy under Subsection (c)(2)[(b)(2)]
may not be released or disclosed to any person except on court
order, with the written consent of the person who is the subject of
the criminal history record information, or as provided by
Subsection (e)[(d)].
(e)[(d)] The Texas State Board of Pharmacy is not prohibited
from disclosing criminal history record information obtained under
Subsection (c)(2)[(b)(2)] in a criminal proceeding or in a hearing
conducted by the Texas State Board of Pharmacy or the State Office
of Administrative Hearings.
(f)[(e)] The Texas State Board of Pharmacy shall destroy
criminal history record information obtained under this section
after a final determination is made in the matter for which the
information was obtained.
(g) The failure or refusal of an employee of or applicant to
the Texas State Board of Pharmacy to provide the following on
request constitutes good cause for dismissal or refusal to hire:
(1) a complete set of fingerprints;
(2) a true and complete name; or
(3) other information necessary for a law enforcement
entity to obtain criminal history record information.
(h) In addition to the information required by Section
559.003, Occupations Code, a license holder who previously has not
submitted a complete set of fingerprints as part of an application
for a license as listed in Subsection (a), shall submit to the Texas
State Board of Pharmacy with the completed application for renewal
of a license to practice pharmacy a complete set of fingerprints.
Failure to submit a complete set of fingerprints under this section
may result in a suspension or refusal to renew the license by the
Texas State Board of Pharmacy.
SECTION 9. The title to Section 503.308, Occupations Code,
is amended to read as follows:
ASSOCIATE [TEMPORARY] LICENSE.
SECTION 10. Section 503.308, Occupations Code, is amended
by amending subsection (a) to read as follows:
(a) The executive council shall [by rule may] provide for
the issuance of an associate [a temporary] license. Rules adopted
under this subsection must provide a time limit for the period an
associate [a temporary] license is valid.
(b) The executive council by rule may adopt a system under
which an associate [a temporary] license may be issued to a person
who: (1) meets all of the academic and examination requirements for
licensing; and (2) enters into a supervisory agreement with a
supervisor approved by the executive council.
SECTION 11. Section 1201.003, Occupations Code, is amended
by amending subsections (17), (22), (23), and (26) to read as
follows:
(17) "License holder" or "licensee" means a person
listed on a Manufactured Housing Division License application who
holds a department-issued license as a manufacturer, retailer,
broker, salesperson, or installer.
(22) "Person" means an individual or a partnership,
company, corporation, or association[, or other group, however
organized].
(23) "Related Person" means an [person] individual
who:
(A) directly participates in management or
policy decisions; and
(B) is designated by an entity and satisfies the
requirements of Sections 1201.104 and 1201.113 on behalf of the
entity, if the entity is licensed or seeking licensure under this
chapter.
(26) "Salesperson" means a person who, as an employee
[or agent] of a retailer or broker, sells or offers to sell
manufactured housing to a consumer.
SECTION 12. This Act takes effect September 1, 2025.