Texas 2025 - 89th Regular

Texas Senate Bill SB2587 Compare Versions

Only one version of the bill is available at this time.

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1	1	By: Zaffirini S.B. No. 2587
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to access to and use of certain criminal history record
9	9	information.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 411.095, Government Code, is amended by
12	12	amending subsection (b) to read as follows:
13	13	(b) The consumer credit commissioner may not release or
14	14	disclose to any person criminal history record information obtained
15	15	from the Federal Bureau of Investigation under Subsection (a-1)(1)
16	16	except to the person who is the subject of the criminal history
17	17	record information. The consumer credit commissioner may not
18	18	release or disclose criminal history record information obtained
19	19	under Subsection (a-1)(2) except:
20	20	(1) on court order;
21	21	(2) to the person who is the subject of the criminal
22	22	history record information;
23	23	(3) with the consent of the person who is the subject
24	24	of the criminal history record information; or
25	25	(4) in a hearing where the Office of Consumer Credit
26	26	Commissioner is a party.
27	27	SECTION 2. Section 411.106, Government Code, is amended by
28	28	amending subsection (a) to read as follows:
29	29	(a) The Texas Department of Insurance is entitled to obtain
30	30	criminal history record information as provided by Subsection (a-1)
31	31	that relates to a person who is:
32	32	(1) an applicant for a license, permit, certificate of
33	33	authority, certificate of registration, or other authorization
34	34	issued by the Texas Department of Insurance to engage in an activity
35	35	regulated under the Insurance Code, including a person who is:
36	36	(A) an applicant for approval of an acquisition,
37	37	change, or divestiture of control of a domestic insurer under
38	38	Chapter 823, Insurance Code;
39	39	(B) an applicant for or holder of a license or
40	40	registration under Chapter 981, Insurance Code, or associated with
41	41	an entity that is an applicant for or holder of such a license or
42	42	registration;
43	43	(C) an applicant for or holder of a license or
44	44	registration under Chapter 1111A, Insurance Code, or associated
45	45	with an entity that is an applicant for or holder of such a license
46	46	or registration;
47	47	(D) an applicant for or holder of a license or
48	48	registration under Chapter 2651, Insurance Code, or associated with
49	49	an entity that is an applicant for or holder of such a license or
50	50	registration;
51	51	(E) an applicant for or holder of a license or
52	52	registration under Chapter 2652, Insurance Code;
53	53	(F) an applicant for or holder of a license or
54	54	registration under Chapter 4051, Insurance Code, or associated with
55	55	an entity that is an applicant for or holder of such a license or
56	56	registration;
57	57	(G) an applicant for or holder of a license or
58	58	registration under Chapter 4053, Insurance Code, or associated with
59	59	an entity that is an applicant for or holder of such a license or
60	60	registration;
61	61	(H) an applicant for or holder of a license or
62	62	registration under Chapter 4054, Insurance Code, or associated with
63	63	an entity that is an applicant for or holder of such a license or
64	64	registration;
65	65	(I) an applicant for or holder of a license or
66	66	registration under Chapter 4056, Insurance Code, or associated with
67	67	an entity that is an applicant for or holder of such a license or
68	68	registration;
69	69	(J) an applicant for or holder of a license or
70	70	registration under Chapter 4101, Insurance Code, or associated with
71	71	an entity that is an applicant for or holder of such a license or
72	72	registration;
73	73	(K) an applicant for or holder of a license or
74	74	registration under Chapter 4102, Insurance Code, or associated with
75	75	an entity that is an applicant for or holder of such a license or
76	76	registration;
77	77	(L) an applicant for or holder of a certificate
78	78	of authority under Chapter 4151, Insurance Code, or associated with
79	79	an entity that is an applicant for or holder of such a certificate;
80	80	(M) an applicant for or holder of a license or
81	81	registration under Chapter 4152, Insurance Code, or associated with
82	82	an entity that is an applicant for or holder of such a license or
83	83	registration;
84	84	(N) an applicant for or holder of a license or
85	85	registration under Chapter 4153, Insurance Code, or associated with
86	86	an entity that is an applicant for or holder of such a license or
87	87	registration;
88	88	(O) an applicant for or holder of a certificate
89	89	of registration under Chapter 4201, Insurance Code, or associated
90	90	with an entity that is an applicant for or holder of such a
91	91	certificate;
92	92	(P) associated with an entity that is an
93	93	applicant for or holder of a certification under Chapter 4202,
94	94	Insurance Code;
95	95	(Q) associated with an entity that is an
96	96	applicant for or holder of a registration under Chapter 7001,
97	97	Insurance Code;
98	98	(R) an applicant for or holder of a license or
99	99	registration under Chapter 91, Labor Code, or associated with an
100	100	entity that is an applicant for or holder of such a license or
101	101	registration; and
102	102	(S) associated with an entity that is an
103	103	applicant for or holder of a certificate of approval under Chapter
104	104	407A, Labor Code; or
105	105	(2) a corporate officer or director of an insurance
106	106	company regulated by the Texas Department of Insurance, including a
107	107	company that is:
108	108	(A) an applicant for or holder of a certificate
109	109	of authority under Chapter 801, Insurance Code;
110	110	(B) an applicant for or holder of a certificate
111	111	of authority under Chapter 822, Insurance Code;
112	112	(C) an applicant for or holder of a certificate
113	113	of authority under Chapter 841, Insurance Code;
114	114	(D) an applicant for or holder of a certificate
115	115	of authority under Chapter 843, Insurance Code;
116	116	(E) an applicant for or holder of a certificate
117	117	of authority under Chapter 844, Insurance Code;
118	118	(F) an applicant for or holder of a certificate
119	119	of authority under Chapter 845, Insurance Code;
120	120	(G) an applicant for or holder of a certificate
121	121	of authority under Chapter 846, Insurance Code;
122	122	(H) an applicant for or holder of a certificate
123	123	of authority under Chapter 848, Insurance Code;
124	124	(I) an applicant for or holder of a certificate
125	125	of authority under Chapter 964, Insurance Code;
126	126	(J) an applicant for or holder of a certificate
127	127	of authority under Chapter 1305, Insurance Code; and
128	128	(K) an applicant for or holder of a certificate
129	129	of authority under Title 11, Insurance Code.
130	130	SECTION 3. Section 411.1143, Government Code, is amended by
131	131	amending subsection (a-1) to read as follows:
132	132	(a-1) Criminal history record information the Health and
133	133	Human Services Commission or the office of inspector general is
134	134	authorized to obtain under Subsection (a) includes criminal
135	135	history record information relating to:
136	136	(1) a person [with a direct or indirect ownership or
137	137	control interest, as defined by 42 C.F.R. Section 455.101, in a
138	138	provider of five percent or more] who, with an interest of five
139	139	percent or more:
140	140	(A) Has a direct or an indirect ownership
141	141	interest or any combination thereof of 5 percent or more in the
142	142	entity;
143	143	(B) Is the owner of a whole or part interest in
144	144	any mortgage, deed of trust, note, or other obligation secured, in
145	145	whole or in part, by the entity or any of the property assets
146	146	thereof, if such interest is equal to or exceeds 5 percent of the
147	147	total property and assets of the entity;
148	148	(C) Is an officer or a director of the entity;
149	149	(D) Is a partner in the entity if the entity is
150	150	organized as a partnership;
151	151	(E) Is an agent of the entity; or
152	152	(F) Is a managing employee of the entity; and
153	153	(2) a person whose information is required to be
154	154	disclosed in accordance with 42 C.F.R. Part 1001.
155	155	SECTION 4. Section 411.122, Government Code, is amended by
156	156	amending subsection (d) to read as follows:
157	157	(d) The following state agencies are subject to this
158	158	section:
159	159	(1) Texas Appraiser Licensing and Certification
160	160	Board;
161	161	(2) Texas Board of Architectural Examiners;
162	162	(3) Texas Board of Chiropractic Examiners;
163	163	(4) State Board of Dental Examiners;
164	164	(5) Texas Board of Professional Engineers and Land
165	165	Surveyors;
166	166	(6) Texas Funeral Service Commission;
167	167	(7) Texas Board of Professional Geoscientists;
168	168	(8) Health and Human Services Commission, except as
169	169	provided by Section 411.110, and agencies attached to the
170	170	commission;
171	171	(9) Texas Department of Licensing and Regulation;
172	172	(10) Texas Commission on Environmental Quality;
173	173	(11) Executive Council of Physical Therapy and
174	174	Occupational Therapy Examiners;
175	175	(12) Texas Optometry Board;
176	176	(13) Texas State Board of Pharmacy;
177	177	(14) Texas State Board of Plumbing Examiners;
178	178	(15) Texas Behavioral Health Executive Council [Texas
179	179	State Board of Examiners of Psychologists];
180	180	(16) Texas Real Estate Commission;
181	181	(17) Texas Department of Transportation;
182	182	(18) State Board of Veterinary Medical Examiners;
183	183	(19) Texas Department of Housing and Community
184	184	Affairs;
185	185	(20) secretary of state;
186	186	(21) state fire marshal;
187	187	(22) Texas Education Agency;
188	188	(23) Department of Agriculture; and
189	189	(24) Texas Department of Motor Vehicles.
190	190	SECTION 5. Section 411.12506, Government Code, is amended
191	191	by amending subsection (a) to read as follows:
192	192	(a) The Texas Commission on Environmental Quality is
193	193	entitled to obtain criminal history record information as provided
194	194	by Subsection (b) that relates to a person who:
195	195	(1)a person who is an applicant for:
196	196	[is an applicant for a license, permit, or registration
197	197	under:]
198	198	(A) a water supply system operator license under
199	199	Section 37.003, Water Code, as defined by Section 341.001(12),
200	200	Health and Safety Code, and required by Section 341.033(a) of that
201	201	code;
202	202	(B) a backflow prevention assembly tester
203	203	license to repair or test the installation or operation of backflow
204	204	prevention assemblies under Section 37.003, Water Code, as
205	205	described in Section 341.034(c), Health and Safety Code;
206	206	(C) a customer service inspector license to
207	207	inspect homes and businesses to identify potential or actual
208	208	cross-connections or other contaminant hazards in public water
209	209	systems under Section 37.003, Water Code, as described in Section
210	210	341.034(d), Health and Safety Code;
211	211	(D) a municipal solid waste operator license to
212	212	supervise the operation or maintenance of solid waste facilities
213	213	under Section 37.003, Water Code, as described in Section 361.027,
214	214	Health and Safety Code;
215	215	(E) an on-site sewage facility apprentice or
216	216	installer license to construct, install, alter, or extend an
217	217	on-site sewage disposal system under Section 366.071(a), Health and
218	218	Safety Code;
219	219	(F) an on-site sewage facility maintenance
220	220	provider or technician license to service, maintain, or repair an
221	221	on-site sewage disposal system under Section 37.003, Water Code, as
222	222	described in Section 366.071(a), Health and Safety Code;
223	223	(G) an on-site sewage facility designated
224	224	representative license to work for an authorized agent to review
225	225	permit applications, site evaluations, or planning materials or
226	226	inspect on-site sewage disposal systems under Section 37.003, Water
227	227	Code, as described in Section 366.071(b), Health and Safety Code;
228	228	(H) an on-site sewage facility site evaluator
229	229	license to conduct preconstruction site evaluations, including
230	230	visiting a site and performing a soil analysis, a site survey, or
231	231	other activities necessary to determine the suitability of a site
232	232	for an on-site sewage disposal system under Section 37.003, Water
233	233	Code, as described in Section 366.071(c), Health and Safety Code;
234	234	(I) a persons who inspects an irrigation system
235	235	for a municipality or water district under Section 1903.251(a)(4),
236	236	Occupations Code;
237	237	(J) a person who sells, designs, installs,
238	238	maintains, alters, repairs, or services irrigation systems,
239	239	provides consulting services relating to an irrigation system, or
240	240	connects an irrigation system to a water supply under Section
241	241	37.003, Water Code, as described in Section 1903.251(a)(1)-(3),
242	242	Occupations Code;
243	243	(K) a person who installs, exchanges, services,
244	244	and repairs residential, commercial, or industrial water treatment
245	245	equipment and appliances under Section 1904.052, Occupations Code;
246	246	(L) a person who supervises a corrective action
247	247	plan for a leaking petroleum storage tank under Section 26.366,
248	248	Water Code;
249	249	(M) a person who supervises the installation,
250	250	repair, or removal of an underground storage tank under Section
251	251	37.003, Water Code, as described in Section 26.456 of that Code; or
252	252	(N) a person who performs process control
253	253	activities at a sewage treatment facility under Section 26.0301(c),
254	254	Water Code.
255	255	(O) a person who supervises the maintenance of a
256	256	sewage collection system under Section 26.0301(c), Water Code.
257	257	[(B)Chapter 1903, Occupations Code; or
258	258	(C) Chapters 26 and 37, Water Code;]
259	259	(2) is the holder of a license[, permit, or
260	260	registration] under a provision listed in Subdivision (1); or
261	261	(3) requests a determination of eligibility for a
262	262	license, permit, or registration] from the agency under a provision
263	263	listed in Subdivision (1).
264	264	SECTION 6. Section 411.12508, Government Code, is amended
265	265	by amending subsection (a) to read as follows:
266	266	(a) The manufactured housing division of the Texas
267	267	Department of Housing and Community Affairs is entitled to obtain
268	268	criminal history record information as provided by Subsection (b)
269	269	that relates to a person who is an applicant or holder of a license
270	270	for:
271	271	(1) [an applicant foror holder of] a manufacturer's
272	272	license under Section 1201.101(a), Occupations Code;[Chapter 1201,
273	273	Occupations Code; or]
274	274	(2) a retailer's license under Section
275	275	1201.101(b), Occupations Code;
276	276	(3) a broker's license under Section 1201.101(c) or
277	277	(e), Occupations Code;
278	278	(4) an installer's license under Section 1201.101(d),
279	279	Occupations Code;
280	280	(5) a salesperson's license under Section 1201.101(f),
281	281	Occupations Code; or
282	282	(6) an owner, officer, or related person or manager of
283	283	a person described by Subdivision (1).
284	284	SECTION 7. Section 411.12509, Government Code, is amended
285	285	by amending subsection (a) to read as follows:
286	286	(a) The state fire marshal is entitled to obtain criminal
287	287	history record information as provided by Subsection (b) that
288	288	relates: [to a person who is an applicant for a license issued by
289	289	the state fire marshal.]
290	290	(1) a person who is an applicant for or holder of a
291	291	fire extinguisher license or apprentice permit under Chapter 6001,
292	292	including a fire extinguisher license Type PL, Type A, Type B, and
293	293	Type K, fire extinguisher apprentice permit;
294	294	(2) a person who is an applicant for or holder of a
295	295	fire alarm planning superintendent or fire alarm technician license
296	296	Chapter 6002, Insurance Code Section 6002.002, including fire alarm
297	297	technician license, fire alarm monitoring technician license, fire
298	298	alarm instructor, residential fire alarm superintendent single
299	299	station license, residential fire alarm superintendent license,
300	300	fire alarm planning superintendent license, residential fire alarm
301	301	technician license, and training school approval;
302	302	(3) a person who is an applicant for or holder of a
303	303	fire protection sprinkler system contractor or fire sprinkler
304	304	responsible managing employee as defined by Insurance Code Section
305	305	6003.001, including Responsible Managing Employee-General,
306	306	Responsible Managing Employee-Dwelling, Responsible Managing
307	307	Employee-Underground, and Responsible Managing Employee-General
308	308	Inspector; or
309	309	(4) the applicant for or holder of a license or
310	310	registration under Chapter 2154, Occupations Code, Subchapter C,
311	311	including pyrotechnic operator's license, pyrotechnic special
312	312	effects operator's license, and flame effects operator's license.
313	313	SECTION 8. Section 411.12517, Government Code, is amended by
314	314	creating new subsections (b), (g), and (h), and amending
315	315	subsections (a), (c), (d), (e), and (f) to read as follows:
316	316	(a) The Texas State Board of Pharmacy is entitled to obtain
317	317	criminal history record information as provided by Subsection
318	318	(c)[(b)] that relates to a person who in addition to the information
319	319	required for issuance of a license, certificate, registration, or
320	320	permit by the Texas State Board of Pharmacy, or for employment with
321	321	the Texas State Board of Pharmacy, shall submit to the Texas State
322	322	Board of Pharmacy a complete set of fingerprints and:
323	323	(1) is an applicant for or holder of a [license,
324	324	certificate,] registration as a pharmacist-intern[, permit, or
325	325	other authorization] under Section 557.001[Chapters 557, 558, 559,
326	326	and 568], Occupations Code;
327	327	(2) is an applicant for or holder of a license by
328	328	examination to practice pharmacy under Section 558.051[Class A,
329	329	Class B, Class C, Class D, or Class E pharmacy license under
330	330	Chapters 560 and 561], Occupations Code;
331	331	(3) is an applicant for or a holder of a license by
332	332	reciprocity to practice pharmacy under Section 558.101,
333	333	Occupations Code;
334	334	(4) is an applicant for or a holder of a provisional
335	335	license to practice pharmacy under Sections 558.151 and 558.154,
336	336	Occupations Code;
337	337	(5) is an applicant for or a holder of a registration
338	338	as a pharmacy technician under Section 568.002, Occupations Code;
339	339	(6) is an applicant for or a holder of a registration
340	340	as a pharmacy technician trainee under Section 568.002, Occupations
341	341	Code;
342	342	(7)[(3)] requests a determination of eligibility for a
343	343	license, certificate, registration, permit, or other authorization
344	344	from the Texas State Board of Pharmacy under Sections 53.102 and
345	345	53.104, Occupations Code; or
346	346	(8)[(4)] is an applicant for employment at or current
347	347	employee of the Texas State Board of Pharmacy.
348	348	(b) The Texas State Board of Pharmacy is entitled to obtain
349	349	criminal history record information as provided by Subsection (c)
350	350	that relates to a person who is a partner, an officer, a director, a
351	351	managing employee, or owner or person who controls the owner and is
352	352	an applicant for or holder of the following:
353	353	(1) a Class A pharmacy license or community pharmacy
354	354	under Section 560.051, Occupations Code;
355	355	(2) a Class B pharmacy license or nuclear pharmacy
356	356	under Section 560.051, Occupations Code;
357	357	(3) a Class C pharmacy license or institutional
358	358	pharmacy license issued to a pharmacy located in an inpatient
359	359	facility, including a hospital, a hospital maintained or operated
360	360	by the state, a hospice inpatient facility or an ambulatory
361	361	surgical center under Section 560.051, Occupations Code;
362	362	(4) a Class D pharmacy license or clinic pharmacy
363	363	under Section 560.051, Occupations Code; or
364	364	(5) a Class E pharmacy license or nonresident pharmacy
365	365	license issued to a pharmacy located in another state under Section
366	366	560.051, Occupations Code.
367	367	(c)[(b)] Subject to Section 411.087 and consistent with the
368	368	public policy of this state, the Texas State Board of Pharmacy is
369	369	entitled to:
370	370	(1) obtain through the Federal Bureau of Investigation
371	371	criminal history record information maintained or indexed by that
372	372	bureau that pertains to a person described by Subsections
373	373	[Subsection] (a) and (b); and
374	374	(2) obtain from the department or any other criminal
375	375	justice agency in this state criminal history record information
376	376	maintained by the department or that criminal justice agency that
377	377	relates to a person described by Subsections[Subsection] (a) and
378	378	(b).
379	379	(d)[(c)] The Texas State Board of Pharmacy may not release or
380	380	disclose to any person criminal history record information obtained
381	381	from the Federal Bureau of Investigation under Subsection
382	382	(c)(1)[(b)(1)]. Criminal history record information obtained by
383	383	the Texas State Board of Pharmacy under Subsection (c)(2)[(b)(2)]
384	384	may not be released or disclosed to any person except on court
385	385	order, with the written consent of the person who is the subject of
386	386	the criminal history record information, or as provided by
387	387	Subsection (e)[(d)].
388	388	(e)[(d)] The Texas State Board of Pharmacy is not prohibited
389	389	from disclosing criminal history record information obtained under
390	390	Subsection (c)(2)[(b)(2)] in a criminal proceeding or in a hearing
391	391	conducted by the Texas State Board of Pharmacy or the State Office
392	392	of Administrative Hearings.
393	393	(f)[(e)] The Texas State Board of Pharmacy shall destroy
394	394	criminal history record information obtained under this section
395	395	after a final determination is made in the matter for which the
396	396	information was obtained.
397	397	(g) The failure or refusal of an employee of or applicant to
398	398	the Texas State Board of Pharmacy to provide the following on
399	399	request constitutes good cause for dismissal or refusal to hire:
400	400	(1) a complete set of fingerprints;
401	401	(2) a true and complete name; or
402	402	(3) other information necessary for a law enforcement
403	403	entity to obtain criminal history record information.
404	404	(h) In addition to the information required by Section
405	405	559.003, Occupations Code, a license holder who previously has not
406	406	submitted a complete set of fingerprints as part of an application
407	407	for a license as listed in Subsection (a), shall submit to the Texas
408	408	State Board of Pharmacy with the completed application for renewal
409	409	of a license to practice pharmacy a complete set of fingerprints.
410	410	Failure to submit a complete set of fingerprints under this section
411	411	may result in a suspension or refusal to renew the license by the
412	412	Texas State Board of Pharmacy.
413	413	SECTION 9. The title to Section 503.308, Occupations Code,
414	414	is amended to read as follows:
415	415	ASSOCIATE [TEMPORARY] LICENSE.
416	416	SECTION 10. Section 503.308, Occupations Code, is amended
417	417	by amending subsection (a) to read as follows:
418	418	(a) The executive council shall [by rule may] provide for
419	419	the issuance of an associate [a temporary] license. Rules adopted
420	420	under this subsection must provide a time limit for the period an
421	421	associate [a temporary] license is valid.
422	422	(b) The executive council by rule may adopt a system under
423	423	which an associate [a temporary] license may be issued to a person
424	424	who: (1) meets all of the academic and examination requirements for
425	425	licensing; and (2) enters into a supervisory agreement with a
426	426	supervisor approved by the executive council.
427	427	SECTION 11. Section 1201.003, Occupations Code, is amended
428	428	by amending subsections (17), (22), (23), and (26) to read as
429	429	follows:
430	430	(17) "License holder" or "licensee" means a person
431	431	listed on a Manufactured Housing Division License application who
432	432	holds a department-issued license as a manufacturer, retailer,
433	433	broker, salesperson, or installer.
434	434	(22) "Person" means an individual or a partnership,
435	435	company, corporation, or association[, or other group, however
436	436	organized].
437	437	(23) "Related Person" means an [person] individual
438	438	who:
439	439	(A) directly participates in management or
440	440	policy decisions; and
441	441	(B) is designated by an entity and satisfies the
442	442	requirements of Sections 1201.104 and 1201.113 on behalf of the
443	443	entity, if the entity is licensed or seeking licensure under this
444	444	chapter.
445	445	(26) "Salesperson" means a person who, as an employee
446	446	[or agent] of a retailer or broker, sells or offers to sell
447	447	manufactured housing to a consumer.
448	448	SECTION 12. This Act takes effect September 1, 2025.