According to the Legislative Budget Board (LBB), HB 3719 is not expected to have a significant fiscal impact on the State of Texas. The bill restricts governmental bodies from withholding dates of birth in public records, except under specific, limited exceptions such as existing statutory or federal privacy protections.

The analysis anticipates that any administrative adjustments required to comply with the bill—such as updating public information release protocols or training staff—could be absorbed using existing agency resources. Consequently, the bill does not necessitate additional appropriations or funding mechanisms at the state level.

Similarly, no significant fiscal implications are expected for units of local government. Local agencies are presumed to manage implementation within their current budgets without incurring major new costs. The fiscal note reflects input from various state agencies, including the Texas Workforce Commission, Texas Education Agency, Health and Human Services Commission, and several higher education systems, none of which identified substantial fiscal burdens associated with the bill.

HB 3719 affirms a clear and limited legal standard for withholding dates of birth (DOB) under Texas public information law. By establishing that DOBs may not be withheld except in narrowly defined situations—such as those involving certain personnel records, compliance with HIPAA, or other specific legal requirements—the bill addresses inconsistent practices that arose following a 2015 Texas court decision. That ruling led to confusion and barriers to accessing basic identifying information in public records, affecting journalists, employers, and members of the public who rely on such data to verify identities, especially for individuals with common names.

This bill enhances transparency, promotes government accountability, and upholds the principle of open access to public records. DOBs serve critical verification functions across domains such as news reporting, background checks, financial transactions, and the vetting of candidates for public office. Ensuring DOB availability improves public confidence in electoral and legal systems and helps reduce errors caused by identity confusion. The bill does not impose criminal penalties, create new rulemaking authority, or alter criminal justice eligibility rules, making its scope tightly focused and implementation straightforward.

From a fiscal perspective, the bill carries no significant cost to the state or local governments, as outlined in the LBB's fiscal note. Agencies are expected to implement the policy within existing resources. Furthermore, the legislation aligns with liberty principles by supporting individual liberty through transparency, free enterprise via accessible public records, and limited government by preventing excessive secrecy in the name of privacy. Therefore, Texas Policy Research recommends that lawmakers vote YES on HB 3719.

• Individual Liberty: HB 3719 reinforces the public’s right to access government-held information by ensuring that dates of birth cannot be withheld except in narrow, legally justified circumstances. This promotes transparency in public records and supports informed civic participation—essential elements of a free society. It empowers citizens, journalists, and watchdog groups to verify identities, scrutinize public actions, and ensure electoral integrity without arbitrary obstruction by government bodies.
• Personal Responsibility: By allowing individuals and institutions (like employers, landlords, and lenders) to access DOBs for identity verification, the bill promotes responsible decision-making in the private sector. It helps prevent fraud and misidentification, encouraging more accurate and accountable public and private transactions.
• Free Enterprise: Access to basic identifying information such as DOBs facilitates numerous legitimate business activities—from credit reporting to employment screening and background checks. By removing unnecessary barriers to this information, HB 3719 reduces regulatory friction and supports economic efficiency in industries that rely on public data for due diligence.
• Private Property Rights: The bill does not directly affect the rights of individuals to own, control, or dispose of property. However, improved access to identifying information may support fairer and more accurate decision-making in property-related transactions, such as leasing or lending.
• Limited Government: HB 3719 limits the power of governmental bodies to broadly and inconsistently apply privacy claims as a justification for withholding public records. It curtails government discretion in a domain where overreach had created confusion and opacity, reinforcing constitutional expectations of openness in government operations. By clarifying the law, the bill holds government agencies more accountable and minimizes bureaucratic overreach.

• SB 1293 (Same As)