bill updating who can pull criminal history records

The text as introduced · 3,598 words

By: Guillen
H.B. No. 5097

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 for or holder of ] a manufacturer's

license under Section 1201.101(a), Occupations Code; [ Chapter

1201 , Occupations Code; or , 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 adding 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 a n [ 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.