TexasSB 258789th Legislature Regular SessionSenate

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.

Sponsored By: Ryan Guillen, Judith Zaffirini (Democratic)

Signed by Governor

Courts--PersonnelEnvironment--Solid WasteEnvironment--WaterHealth Care ProvidersHuman Services--Medical AssistanceInsurance--Insurers & AgentsOccupational Regulation--Other Trades & ProfessionsProtection of Personal InformationUtilities--Water & SewerCRIMINAL RECORDSFIRE SAFETY & PREVENTIONGUARDIANS & WARDSIRRIGATION & IRRIGATORSSTORAGE TANKSADMINISTRATIVE HEARINGS, STATE OFFICE OFBEHAVIORAL HEALTH EXECUTIVE COUNCIL, TEXASCONSUMER CREDIT COMMISSIONER, OFFICE OFMEDICAL BOARD, TEXASPHARMACY, TEXAS STATE BOARD OF

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Bill Overview

Analyzed Economic Effects

16 provisions identified: 1 benefits, 9 costs, 6 mixed.

Access to your own FBI records

Beginning September 1, 2025, the Texas consumer credit commissioner can share certain FBI criminal-history records with their subject. This exception applies to records obtained under the law's specified FBI-record authority. It does not allow general public access.

Pharmacy workers face new fingerprint rules

Beginning September 1, 2025, pharmacy board checks cover listed credential applicants, holders, eligibility-review applicants, board workers, and pharmacy leaders. Covered Class A–E pharmacy leaders include partners, officers, directors, managing employees, owners, and people controlling owners. The board can collect fingerprints from the covered credential and employment groups, but not people covered only as pharmacy leaders. Covered renewal applicants must submit complete fingerprints with their application unless previously submitted for that credential; failure risks suspension or nonrenewal. Refusing requested fingerprints, a complete name, or other needed screening details gives good cause to deny or end board employment.

Broader screening for health agency applicants

Beginning September 1, 2025, the Texas Health and Human Services Commission can screen more job, volunteer, and contract applicants. The authority covers people required to be fingerprinted whose work gives access to sensitive personal or financial information. The executive commissioner decides whether the work involves that access. Checks are no longer limited to the previously listed commission divisions.

Vehicle business leaders face record checks

Beginning September 1, 2025, Texas motor vehicle officials can check listed leaders of businesses seeking or holding vehicle credentials. Covered roles include owners, officers, directors, members, managers, principals, partners, trustees, and trust beneficiaries. Officials can also check an employee designated as an authorized representative. That employee's conduct within the representation must be capable of supporting denial, suspension, or revocation of the credential.

Record checks for environmental license applicants

Beginning September 1, 2025, the Texas Commission on Environmental Quality can check applicants for listed environmental credentials. These include water supply, backflow testing, customer service inspection, solid waste supervision, sewage, irrigation, water treatment, and wastewater credentials. Listed petroleum-storage-tank credentials are also covered. The provision does not require approval or denial based on a check.

Broader checks for fire safety workers

Beginning September 1, 2025, the Texas state fire marshal can check applicants and holders of listed fire safety credentials. These cover fire extinguishers, fire alarms, sprinkler systems, pyrotechnics, and flame effects. Listed technician, superintendent, and operator credentials are included. The provision does not require a particular licensing decision.

Broader checks for insurance license holders

Beginning September 1, 2025, the Texas Department of Insurance has broader access to criminal-history records for specified credentials. Checks cover applicants, credential holders, and listed people associated with regulated businesses. They also cover officers and directors of companies seeking or holding specified authority to operate. Applicants for the listed Labor Code license are also covered. The provision does not require a particular licensing decision.

Broader checks for public benefit providers

Beginning September 1, 2025, Texas health officials and their inspector general can check providers across commission-run public benefit programs. This extends screening beyond medical assistance providers to current and prospective providers. Checks cover owners with at least 5% direct, indirect, or combined ownership. They also cover certain secured-debt interests worth at least 5% of provider assets, corporate officers, directors, partners, and managing employees. Managing employees include people controlling operations or running daily work; household benefit amounts and eligibility do not change.

Medical board expands checks and disclosures

Beginning September 1, 2025, the Texas Medical Board can check criminal records for job applicants and current employees. The board can also disclose a specified category of criminal-history records during hearings. These include hearings before the board, its advisory boards, or the State Office of Administrative Hearings. Employment checks do not require a particular hiring or dismissal decision.

Broader checks for manufactured housing businesses

Beginning September 1, 2025, the state housing agency's manufactured housing division can check listed license applicants and holders. Covered licenses include manufacturers, retailers, brokers, installers, and salespeople. Checks also cover their owners, officers, related people, and managers. This authority does not change rent, mortgages, or housing aid.

Guardianship cases require broader background checks

Beginning September 1, 2025, clerks must check proposed guardians, including temporary and successor guardians; attorneys and certified guardians are exempt. Checks also cover people caring for the person under guardianship or their estate on a guardian's behalf. Exceptions apply to certified guardians and caregivers already checked under the same section. Applications must list caregivers' names, addresses, phone numbers, and birth dates if applicable; attorney and certified-guardian applicants must supply identifying details. Courts can use records for appointment decisions, subject to confidentiality and use limits, and clerks can charge a collection-support fee.

Professional guardians must report caregiver changes

Beginning September 1, 2025, attorney and certified guardians must report changes to designated caregivers or their contact information. Notice is due within 30 days after the change. Replacement-caregiver notices must include the person's name, address, phone number, and birth date, if applicable. This covers care or custody of the person under guardianship or their estate. The court clerk must check the new caregiver's criminal history.

New ID rules for record requests

Beginning September 1, 2025, covered criminal-history requests require the subject's full name, birth date, sex, and unexpired photo ID number. The ID must come from a state, the District of Columbia, or a U.S. territory. These requests no longer require a Social Security number. Separate Department of Public Safety rules also drop Social Security numbers from examples of identifying numbers they may require. Those examples still include FBI, driver's license, and state ID numbers.

Hospital checks drop Social Security numbers

Beginning September 1, 2025, public and nonprofit hospitals and hospital districts must adopt a uniform criminal-record screening method. For covered people, they can require a complete name, driver's license number, or fingerprints. The law removes the listed authority to require a Social Security number for these checks.

Qualified organizations gain worker screening access

Beginning September 1, 2025, Texas public safety officials can give qualified organizations state and national criminal-history records. The organizations must qualify for access under the National Child Protection Act of 1993. Records can cover their employees and contractors. Releases must follow applicable federal law, regulations, executive orders, and policy.

Behavioral health council joins screening system

Beginning September 1, 2025, the Texas Behavioral Health Executive Council joins the agency list covered by specified criminal-history rules. The law removes the Texas State Board of Examiners of Psychologists from that list. This updates which agency is covered; it does not specify a new individual eligibility rule.

Sponsors & Cosponsors

Sponsors

  • Ryan Guillen

    House

  • Judith Zaffirini

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 610 • No: 0

Senate vote • 5/30/2025

Record vote

Yes: 31 • No: 0

House vote • 5/28/2025

Record vote

Yes: 139 • No: 0

House vote • 5/27/2025

Record vote

Yes: 141 • No: 0

House vote • 5/27/2025

Record vote

Yes: 139 • No: 0

House vote • 5/27/2025

Record vote

Yes: 143 • No: 0

Senate vote • 5/8/2025

Record vote

Yes: 0 • No: 0

Senate vote • 5/8/2025

Record vote

Yes: 0 • No: 0

House vote • Unknown

Committee vote: Homeland Security, Public Safety & Veterans' Affairs

Yes: 6 • No: 0

Senate vote • Unknown

Committee vote: Business & Commerce

Yes: 11 • No: 0

Actions Timeline

  1. Effective on 9/1/25

    6/20/2025House
  2. Signed by the Governor

    6/20/2025House
  3. Sent to the Governor

    6/3/2025House
  4. Signed in the House

    6/2/2025House
  5. Signed in the Senate

    6/2/2025Senate
  6. Reported enrolled

    6/1/2025Senate
  7. Senate concurs in House amendment(s)-reported

    5/31/2025House
  8. Record vote

    5/30/2025Senate
  9. Senate concurs in House amendment(s)

    5/30/2025Senate
  10. Read

    5/30/2025Senate
  11. House amendment(s) laid before the Senate

    5/30/2025Senate
  12. House passage as amended reported

    5/28/2025Senate
  13. Statement(s) of vote recorded in Journal

    5/28/2025House
  14. Record vote (RV#3849)

    5/28/2025House
  15. Passed

    5/28/2025House
  16. Read 3rd time

    5/28/2025House
  17. Statement(s) of vote recorded in Journal

    5/27/2025House
  18. Record vote (RV#3717)

    5/27/2025House
  19. Passed to 3rd reading as amended

    5/27/2025House
  20. Record vote (RV#3716)

    5/27/2025House
  21. Amended (2-Hayes)

    5/27/2025House
  22. Record vote (RV#3715)

    5/27/2025House
  23. Amended (1-Guillen)

    5/27/2025House
  24. Read 2nd time

    5/27/2025House
  25. Placed on General State Calendar

    5/24/2025House

Bill Text

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