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.

89(R) HB 5097 - House Committee Report version - Bill Text

89R27173 MZM-D

By: Guillen

H.B. No. 5097

Substitute the following for H.B. No. 5097:

By: Hefner

C.S.H.B. No. 5097

A BILL TO BE ENTITLED

AN ACT

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.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 411.0845(e), Government Code, is amended

to read as follows:

(e) A person entitled to receive criminal history record

information under this section must provide the department with the

following information regarding the person who is the subject of

the criminal history record information requested:

(1) the person's full name, date of birth,
and
sex,

[
and social security number,
] and the number assigned to any form of

unexpired identification card issued by this state or another

state, the District of Columbia, or a territory of the United States

that includes the person's photograph;

(2) a recent electronic digital image photograph of

the person and a complete set of the person's fingerprints as

required by the department; and

(3) any other information required by the department.

SECTION 2. Section 411.086(b), Government Code, is amended

to read as follows:

(b) Rules adopted by the department:

(1) shall provide for a uniform method of requesting

criminal history record information from the department;

(2) may require a person requesting criminal history

record information about an individual to submit to the department

one or more of the following:

(A) the complete name, race, and sex of the

individual;

(B) any known alias name of the individual;

(C) a complete set of the individual's

fingerprints;

(D) a recent photograph of the individual;

(E) any known identifying number of the

individual, including [
social security number,
] FBI number,

driver's license number, or state identification number;

(F) the individual's date of birth;

(G) any known alias dates of birth of the

individual; or

(H) any other information the department

determines is necessary to identify the individual or the record;

(3) shall provide for the methods and formats for

dissemination of criminal history record information; and

(4) shall provide security measures and policies that

are designed to guard against unauthorized release or dissemination

of criminal history record information that is maintained or

disseminated by the department.

SECTION 3. Section 411.087(e), Government Code, is amended

to read as follows:

(e) The department may provide access to state and national

criminal history record information to
a
qualified
entity

[
entities
] entitled to that information
regarding the entity's

employees and contractors
under
the National Child Protection Act

of 1993 (34 U.S.C. Section 40102)
[
42 U.S.C. Section 5119a
]. The

department must follow federal law and regulation, federal

executive orders, and federal policy in releasing information under

this subsection.

SECTION 4. Section 411.095(b), Government Code, is amended

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 5. Section 411.106(a), Government Code, is amended

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 surplus lines

license under Chapter 981, Insurance Code, or associated with an

entity that is an applicant for or holder of such a license;

(C)

an applicant for or holder of a life

insurance provider or broker license under Chapter 1111A, Insurance

Code, or associated with an entity that is an applicant for or

holder of such a license;

(D)

an applicant for or holder of a title

insurance agent license under Chapter 2651, Insurance Code, or

associated with an entity that is an applicant for or holder of such

a license;

(E)

an applicant for or holder of an escrow

officer license under Chapter 2652, Insurance Code, or associated

with an entity that is an applicant for or holder of such a license;

(F)

an applicant for or holder of an agent

license, temporary license, or provisional permit under Chapter

4001, Insurance Code;

(G)

an applicant for or holder of a general

property and casualty license under Chapter 4051, Insurance Code,

or associated with an entity that is an applicant for or holder of

such a license;

(H)

an applicant for or holder of a managing

general agent license under Chapter 4053, Insurance Code, or

associated with an entity that is an applicant for or holder of such

a license;

(I)

an applicant for or holder of a license under

Chapter 4054, Insurance Code, or associated with an entity that is

an applicant for or holder of such a license;

(J)

an applicant for or holder of a nonresident

agent license under Chapter 4056, Insurance Code, or associated

with an entity that is an applicant for or holder of such a license;

(K)

an applicant for or holder of an insurance

adjuster license under Chapter 4101, Insurance Code, or associated

with an entity that is an applicant for or holder of such a license;

(L)

an applicant for or holder of a public

insurance adjuster license under Chapter 4102, Insurance Code, or

associated with an entity that is an applicant for or holder of such

a license;

(M)

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;

(N)

an applicant for or holder of a reinsurance

intermediary license under Chapter 4152, Insurance Code, or

associated with an entity that is an applicant for or holder of such

a license;

(O)

an applicant for or holder of a risk manager

license under Chapter 4153, Insurance Code, or associated with an

entity that is an applicant for or holder of such a license;

(P)

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;

(Q)

associated with an independent review

organization that is an applicant for or holder of a certification

under Chapter 4202, Insurance Code;

(R)

associated with a discount health care

program operator that is an applicant for or holder of a

registration under Chapter 7001, Insurance Code; and

(S)

an applicant for or holder of a license under

Chapter 91, 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 an applicant for or holder of a certificate of

authority under the following provisions of the Insurance Code:

(A) Chapter 801;

(B) Chapter 822;

(C) Chapter 841;

(D) Chapter 843;

(E) Chapter 844;

(F) Chapter 846;

(G) Chapter 848;

(H) Chapter 964;

(I) Chapter 1305; and

(J) Title 11
.

SECTION 6. Section 411.1106(b), Government Code, as amended

by Chapters 871 (H.B. 4123) and 1089 (S.B. 1192), Acts of the 88th

Legislature, Regular Session, 2023, is reenacted, amended to

correct a typographical error, and further amended to read as

follows:

(b) The commission is entitled to obtain criminal history

record information as provided by Subsection (b-1) that relates to

a person who is required to be fingerprinted and is:

(1) an applicant for an employment or volunteer

position or an applicant for a contract with the commission in which

the person, as an employee, volunteer, or contractor,
as
[
an
]

applicable, would have access to sensitive personal or financial

information, as determined by the executive commissioner[
, in:

[
(A)

the eligibility services division of the

commission as established under Section 531.008;

[
(B)

the commission's office of inspector

general as established by Section 531.008 and Subchapter C, Chapter

531; or

[
(C)

the regulatory services division of the

commission as established under Section 531.008
]; or

(2) an employee, volunteer, or contractor of the

commission who has access to sensitive personal or financial

information, as determined by the executive commissioner.

SECTION 7. The heading to Section 411.1143, Government

Code, is amended to read as follows:

Sec. 411.1143. ACCESS TO CRIMINAL HISTORY RECORD

INFORMATION; AGENCIES
ADMINISTERING OR
OPERATING [
PART OF
] MEDICAL

ASSISTANCE
AND OTHER PUBLIC BENEFITS PROGRAMS
[
PROGRAM
].

SECTION 8. Section 411.1143, Government Code, is amended by

amending Subsections (a) and (a-1) and adding Subsection (e) to

read as follows:

(a) The Health and Human Services Commission, an agency

operating part of
a public benefits program, including
the medical

assistance program under Chapter 32, Human Resources Code, or the

office of inspector general established under Subchapter C, Chapter

544,
of this code
[
Government Code
], is entitled to obtain criminal

history record information as provided by Subsection (a-2) that

relates to a provider under
a public benefits
[
the medical

assistance
] program
administered by the commission
or a person

applying to enroll as a provider under
a public benefits
[
the

medical assistance
] program
administered by the commission
.

(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 that:

(A)

has a direct or indirect ownership interest,

or a combination of direct and indirect ownership interests, that

equals five percent or more in the provider or person applying to

enroll as a provider;

(B)

owns an interest of five percent or more in a

mortgage, deed of trust, promissory note, or other obligation

secured by the provider or person applying to enroll as a provider

if that interest equals at least five percent of the value of the

property or other assets of the provider or person applying to

enroll as a provider;

(C)

is an officer or director of the provider or

person applying to enroll as a provider if that provider or

applicant is organized as a corporation; or

(D)

is a partner in the provider or person

applying to enroll as a provider if that provider or applicant is

organized as a partnership
[
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
]; and

(2)
a managing employee of the provider or person

applying to enroll as a provider
[
a person whose information is

required to be disclosed in accordance with 42 C.F.R. Part 1001
].

(e) In this section:

(1)

"Managing employee", with respect to a provider or

person applying to enroll as a provider, means an individual,

including a general manager, business manager, administrator, or

director, who:

(A)

exercises operational or managerial control

over all or part of the provider or applicant; or

(B)

directly or indirectly conducts the daily

operations of all or part of the provider or applicant.

(2)

"Ownership interest", with respect to a provider

or person applying to enroll as a provider, means having equity in

the provider's or applicant's capital, stock, or profits.

(3)

"Provider" means an individual or entity that

engages in the delivery of health care services and is authorized to

deliver those services in this state, including an individual or

entity that delivers health care services to recipients under the

medical assistance program.

SECTION 9. Section 411.122(d), Government Code, is amended

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
[
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 10. Section 411.12506(a), Government Code, is

amended 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) is an applicant for [
a license, permit, or

registration under
]:

(A)
a water supply system operator license

required by Section 341.033
[
Chapters 341, 361, and 366
], Health

and Safety Code;

(B)
a backflow prevention assembly tester

license required by Section 341.034(c), Health and Safety Code

[
Chapter 1903, Occupations Code
]; [
or
]

(C)
a customer service inspector license

required by Section 341.034(d), Health and Safety Code
[
Chapters 26

and 37, Water Code
];

(D)

a municipal solid waste facility supervisor

license required by Section 361.027, Health and Safety Code;

(E)

an on-site sewage facility installer license

or apprentice registration required by Section 366.071(a), Health

and Safety Code;

(F)

an on-site sewage facility maintenance

provider license or maintenance technician registration required

by Section 366.071(a), Health and Safety Code;

(G)

an on-site sewage facility designated

representative license required by Section 366.071(b), Health and

Safety Code;

(H)

an on-site sewage facility site evaluator

license required by Section 366.071(c), Health and Safety Code;

(I)

a landscape irrigator or irrigation

technician license required by Section 1903.251(a), Occupations

Code;

(J)

an irrigation inspector license required by

Section 1903.251(a), Occupations Code;

(K)

a water treatment specialist certificate

required by Section 1904.052, Occupations Code;

(L)

a wastewater treatment plant operator

license required by Section 26.0301(c), Water Code;

(M)

a wastewater collection system operator

license required by Section 26.0301(c), Water Code;

(N)

a leaking petroleum storage tank corrective

action project manager or specialist license required by Section

26.366, Water Code; or

(O)

an underground storage tank on-site

supervisor license required by Section 26.456, Water Code;

(2) is the holder of a license
, registration, or

certificate
[
, permit, or registration
] under a provision listed in

Subdivision (1); or

(3) requests a determination of eligibility for a

license
, registration, or certificate
[
, permit, or registration
]

from the agency under a provision listed in Subdivision (1).

SECTION 11. Section 411.12508(a), Government Code, is

amended 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:

(1) an applicant for or holder of
:

(A)

a manufacturer's license required by Section

1201.101(a), Occupations Code;

(B)

a retailer's license required by Section

1201.101(b) or (e), Occupations Code;

(C)

a broker's license required by Section

1201.101(c), Occupations Code;

(D)

an installer's license required by Section

1201.101(d), Occupations Code; or

(E)

a salesperson's license required by Section

1201.101(f)
[
a license under Chapter 1201
], Occupations Code; or

(2) an owner, officer, or related person or manager of

a person described by Subdivision (1).

SECTION 12. Section 411.12509(a), Government Code, is

amended 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
or holder of:

(1)

a fire extinguisher license or apprentice permit

under Chapter 6001, Insurance Code;

(2)

a fire alarm technician or residential fire alarm

technician license, a residential fire alarm superintendent

license, or a fire alarm planning superintendent license required

by Section 6002.154, Insurance Code;

(3)

a fire alarm training school or instructor

approval required under Section 6002.158, Insurance Code;

(4)

a fire protection sprinkler system contractor

registration certificate or a responsible managing employee

license required by Chapter 6003, Insurance Code; or

(5)

a license required by Subchapters C and D, Chapter

2154, Occupations Code
[
a license issued by the state fire

marshal
].

SECTION 13. Sections 411.12510(a) and (d), Government Code,

are amended to read as follows:

(a) The Texas Medical Board is entitled to obtain criminal

history record information as provided by Subsection (b) that

relates to a person who is:

(1) an applicant for or holder of a license to practice

medicine;

(2) an applicant for or holder of a license to practice

as a physician assistant;

(3) an applicant for or holder of a license to practice

as an acupuncturist;

(4) an applicant for or holder of a certificate to

practice as an acudetox specialist;

(5) an applicant for or holder of a license to practice

as a surgical assistant;

(6) an applicant for or holder of a general

certificate to perform radiologic procedures, limited certificate

to perform radiologic procedures only on specific parts of the

body, or radiologist assistant certificate;

(7) an applicant for or holder of a placement on the

registry of noncertified technicians;

(8) an employee of an applicant for a hardship

exemption;

(9) an applicant for or holder of a license to practice

as a medical physicist;

(10) an applicant for or holder of a license to

practice as a perfusionist;

(11) an applicant for or holder of a license to

practice as a respiratory care practitioner; [
and
]

(12) an applicant for or holder of a pain management

clinic certificate
; and

(13)

an applicant for employment at or current

employee of the Texas Medical Board
.

(d) The Texas Medical Board is not prohibited from

disclosing criminal history record information obtained under

Subsection (b)(2) in a hearing conducted by the Texas Medical Board

or its advisory boards
or by the State Office of Administrative

Hearings
.

SECTION 14. Section 411.12511(a), Government Code, is

amended to read as follows:

(a) The Texas Department of Motor Vehicles is entitled to

obtain criminal history record information as provided by

Subsection (b) that relates to a person:

(1) who is an applicant for or holds a general

distinguishing number under Chapter 503, Transportation Code;

(2) who is an applicant for or holds a license under

Chapter 2301 or 2302, Occupations Code; [
or
]

(3) who is an
owner,
officer, director, member,

manager, principal, partner, trustee,
or trust beneficiary of an

applicant, general distinguishing number holder, or license

holder;
or

(4)

who is an employee designated as an authorized

representative by
[
other person acting in a representative capacity

for
] an applicant, general distinguishing number holder, or license

holder and whose act or omission
in the course or scope of the

person's representation
would be cause for denying, revoking, or

suspending a general distinguishing number or license issued under

Chapter 503, Transportation Code, or Chapter 2301 or 2302,

Occupations Code.

SECTION 15. Section 411.12517, Government Code, is amended

by amending Subsections (a) and (b) and adding Subsections (a-1),

(a-2), (g), and (h) to read as follows:

(a) The Texas State Board of Pharmacy is entitled to obtain

criminal history record information as provided by Subsection (b)

that relates to a person who:

(1) is an applicant for or holder of a [
license,

certificate,
] registration
as a pharmacist-intern under Section

557.001
[
, permit, or other authorization under Chapters 557, 558,

559, and 568
], Occupations Code;

(2) is an applicant for or holder of a [
Class A, Class

B, Class C, Class D, or Class E pharmacy
] license
by examination to

practice pharmacy
under
Section 558.051
[
Chapters 560 and 561
],

Occupations Code;

(3)

is an applicant for or holder of a license by

reciprocity to practice pharmacy under Section 558.101,

Occupations Code;

(4)

is an applicant for or holder of a provisional

license to practice pharmacy under Subchapter D, Chapter 558,

Occupations Code;

(5)

is an applicant for or holder of a registration as

a pharmacy technician or a pharmacy technician trainee under

Section 568.002, Occupations Code;

(6)
[
(3)
] requests a determination of eligibility for

a license, certificate, registration, permit, or other

authorization from the Texas State Board of Pharmacy
under

Subchapter D, Chapter 53, Occupations Code
; or

(7)
[
(4)
] is an applicant for employment at or current

employee of the Texas State Board of Pharmacy.

(a-1)

The Texas State Board of Pharmacy is entitled to

obtain a complete set of fingerprints from a person described by

Subsection (a).

(a-2)

The Texas State Board of Pharmacy is entitled to

obtain criminal history record information as provided by

Subsection (b) that relates to a person who is:

(1)

a partner, officer, director, managing employee,

or owner or person who controls the owner of a pharmacy; and

(2)

an applicant for or a holder of a Class A, B, C, D,

or E pharmacy license issued under Section 560.051, Occupations

Code.

(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 Subsection (a)
or

(a-2)
; 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 Subsection (a)
or (a-2)
.

(g)

The failure or refusal of an employee of or an applicant

for employment at 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)

An applicant for renewal of a license or registration

described by Subsection (a) who has not yet submitted a complete set

of fingerprints as part of a previous application for the license or

registration shall submit to the Texas State Board of Pharmacy a

complete set of fingerprints with the person's completed

application for renewal. Failure to submit a complete set of

fingerprints under this subsection may result in a suspension or

refusal to renew the applicable license or registration by the

Texas State Board of Pharmacy.

SECTION 16. Section 411.136(c), Government Code, is amended

to read as follows:

(c) The public or nonprofit hospital or hospital district

shall adopt a uniform method to obtain criminal history
record

information from persons described by Subsection (b). The hospital

or district may require the complete name, driver's license number,

or
fingerprints[
, or social security number
] of those persons.

SECTION 17. Section 503.308, Occupations Code, is amended

to read as follows:

Sec. 503.308.
ASSOCIATE
[
TEMPORARY
] LICENSE. (a) The

executive council 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 18. To the extent of any conflict, this Act prevails

over another Act of the 89th Legislature, Regular Session, 2025,

relating to nonsubstantive additions to and corrections in enacted

codes.

SECTION 19. This Act takes effect September 1, 2025.