HB 3153

Overall Vote Recommendation
Yes
Principle Criteria
neutral
Free Enterprise
neutral
Property Rights
positive
Personal Responsibility
positive
Limited Government
positive
Individual Liberty
Digest
HB 3153 creates new employment and vetting requirements for individuals who may come into direct contact with children in certain state-regulated facilities. These facilities include residential treatment centers or group homes licensed by the Health and Human Services Commission (HHSC), juvenile detention facilities overseen by the Texas Juvenile Justice Department (TJJD), and shelters operated by counties or municipalities that serve individuals experiencing homelessness.

Under the proposed Chapter 811 of the Health and Safety Code, government entities that operate or regulate these facilities must ensure thorough state criminal background checks and employment history verifications for all employees, volunteers, and independent contractors who could have direct interaction with children. Direct contact is defined to include roles that involve supervision, care, guidance, or regular interaction with minors. Facilities must also subscribe to electronic updates from the Department of Public Safety (DPS) regarding arrests or convictions of these individuals throughout their tenure.

The bill prohibits employment, volunteer work, or contracts with any individual found—via background checks or employment records—to have committed serious crimes of physical or sexual abuse against children, as defined in key sections of the Texas Penal Code (§§21.02, 22.011, 22.021, 25.02). Furthermore, the legislation forbids separation agreements from including confidentiality clauses that would prevent disclosure of such misconduct to future employers. Lastly, HB 3153 requires facilities to provide appropriate training for all personnel in contact with children, with rulemaking authority granted to the executive commissioner of HHSC to ensure consistent implementation.

The House Engrossed version of HB 3153 outlined mandatory criminal background checks and employment verifications for individuals working in facilities where they may come into direct contact with children. These facilities include residential treatment centers, juvenile detention facilities, and municipal or county shelters for the homeless. The bill mandated training on child abuse recognition and reporting and disqualifies individuals with convictions for certain sexual or physical crimes against children. It also prohibited confidentiality clauses in separation agreements that would prevent disclosure of abuse-related misconduct.

The Senate Committee Substitute retains the core structure and intent of the House version but introduces several important technical and clarifying changes. One key revision is the explicit reference to Section 42.056 of the Human Resources Code and the associated rules for background checks. This reference effectively incorporates existing regulatory frameworks and offers facilities a compliance pathway by aligning them with established standards. Another notable addition in the Senate version is authorization for the HHSC executive commissioner to adopt rules implementing the new requirements, particularly rules on existing verification procedures that may already satisfy the bill’s intent.

Additionally, the Senate version enhances long-term accountability by requiring facilities to subscribe to DPS arrest/conviction update services for continuing personnel, clarifying that compliance with these monitoring updates is necessary only if an individual remains in a role involving direct child contact. While both versions require training, the Senate substitute emphasizes the authority of the HHSC to implement detailed training requirements, providing room for standardization across facilities.

In summary, while the core mandate remains the same across both versions—protecting children through rigorous background checks and training—the Senate substitute strengthens implementation mechanisms and regulatory integration, making the bill more enforceable and aligned with existing agency infrastructure.
Author (1)
Helen Kerwin
Co-Author (13)
Sponsor (1)
Lois Kolkhorst
Co-Sponsor (2)
Cesar Blanco
Royce West
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 3153 is not expected to have a significant fiscal impact on the State of Texas. The agencies affected—primarily the Health and Human Services Commission (HHSC) and the Department of Public Safety (DPS)—are presumed to be capable of implementing the bill's provisions using existing resources. These provisions include expanded background checks, employment verifications, and mandatory training requirements for individuals working with children in regulated facilities.

The fiscal note assumes that any administrative or technical costs associated with the implementation—such as interfacing with DPS for criminal history updates or updating facility procedures to comply with the new training and hiring mandates—can be absorbed within current budget frameworks. This suggests that the infrastructure for these processes either already exists or requires minimal adjustment.

On the local level, the bill is also projected to have no significant fiscal impact. Counties and municipalities operating shelters covered under the bill’s scope are not expected to incur major expenses beyond existing compliance duties. This projection may reflect the relatively low marginal cost of extending background check protocols or the availability of existing funding mechanisms for such operations.

Vote Recommendation Notes

HB 3153 addresses a critical safety concern by establishing consistent hiring and employment standards across a range of facilities that serve children, including those operated by municipalities and counties. The bill is designed to close existing regulatory gaps, particularly among unsecure facilities such as shelters and treatment centers that may not be subject to the same background check requirements currently imposed on other child-serving institutions. The bill’s primary objectives—requiring comprehensive criminal background checks, employment history verification, and abuse-prevention training—are measured, evidence-based responses to the documented risks facing vulnerable children in institutional settings.

From a fiscal standpoint, HB 3153 presents no significant cost to the state or local governments, according to the Legislative Budget Board. The bill relies on existing systems like DPS’s electronic criminal history updates and HHSC’s regulatory framework, meaning the necessary infrastructure is largely already in place. Facilities already subject to similar background check requirements under existing law (e.g., Section 42.056 of the Human Resources Code) are considered in compliance, minimizing duplicative regulatory burdens and ensuring practical implementation.

The bill clearly supports multiple core liberty principles. It enhances Individual Liberty by ensuring safer environments for children and reinforces Personal Responsibility by barring those with substantiated histories of child abuse from positions of trust. While it does introduce regulatory oversight, the provisions are narrowly tailored, grounded in public safety, and executed through existing agencies—thereby respecting the principle of Limited Government. The bill's integration with current procedures also limits its interference with Free Enterprise and Private Property Rights.

In summary, HB 3153 is a targeted, fiscally responsible measure that strengthens protections for children without placing undue burden on public or private facilities. It balances regulatory prudence with liberty-centered safeguards and is aligned with both public expectations and legal precedent. Accordingly, Texas Policy Research recommends that lawmakers vote YES on HB 3153.

  • Individual Liberty: The bill directly advances individual liberty, particularly for children, by ensuring their safety and dignity in facilities where they may be vulnerable. Children placed in residential treatment centers, juvenile detention facilities, or shelters often lack the ability to protect themselves. By requiring criminal history checks and training for adults in contact with them, the bill defends their fundamental rights to bodily safety and personal autonomy. These protections empower a vulnerable population that cannot exercise liberty on its own.
  • Personal Responsibility: The bill reinforces the principle that individuals must be held accountable for their past actions—especially when those actions involve the abuse or exploitation of children. It bars individuals with convictions for serious crimes such as sexual assault or continuous abuse from employment or volunteer roles in child-serving facilities. The bill also prohibits “quiet exits” through separation agreements that shield offenders from future scrutiny. This ensures that institutions and individuals are both held responsible for conduct and transparency.
  • Free Enterprise: While the bill introduces hiring restrictions, it does so narrowly and in contexts where vulnerable populations are involved. Private entities operating group homes or residential treatment centers will need to comply with new vetting and training requirements, but these are similar to best practices already widely adopted. The impact on the free market is minor and primarily affects a subset of specialized service providers. Importantly, the bill includes exemptions for facilities already compliant with background check statutes, minimizing redundant regulation.
  • Private Property Rights: The bill does not infringe upon the ownership or use of private property. Its requirements focus on operational procedures (e.g., who can be hired or retained in child-facing roles), not property itself. It places no new restrictions on property use, zoning, or access rights, and is thus neutral in this category.
  • Limited Government: While the bill expands regulatory duties for state and local agencies, it does so with clear limits and specific public safety aims. It relies on existing enforcement mechanisms—such as the Department of Public Safety’s electronic alerts and HHSC’s regulatory structure—rather than building new bureaucracies. Additionally, it includes provisions recognizing compliance with existing background check laws (e.g., Human Resources Code §42.056), which avoids duplicative oversight. The rulemaking authority granted to HHSC is targeted and bounded, allowing for necessary administrative clarity without inviting overreach.
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