Overall Vote Recommendation

Yes

Principle Criteria

Free Enterprise

Property Rights

Personal Responsibility

Limited Government

Individual Liberty

Digest

HB 5097 seeks to modernize and clarify procedures related to the access and use of criminal history record information (CHRI) in Texas. The bill amends several sections of the Government Code to enhance the identity verification process required for obtaining CHRI, replacing references to Social Security numbers with more secure forms of identification. These include state-issued ID cards, a recent digital photograph, and complete fingerprint sets. The bill also allows for additional identifying data, such as known aliases or alternative birth dates, to improve the accuracy of criminal background checks.

The legislation updates statutory references to reflect current federal law, specifically by replacing outdated citations under the National Child Protection Act. It authorizes entities like the Texas Department of Insurance and the Office of Consumer Credit Commissioner to access CHRI for licensing and regulatory purposes, while placing restrictions on how that information may be disclosed or shared. Notably, CHRI obtained from the FBI may only be released to the subject of the record, by court order, or in limited, defined circumstances.

HB 5097 also standardizes the procedures used by the Department of Public Safety (DPS) for processing CHRI requests and disseminating results, allowing DPS to define formats and methods of delivery. Security measures are emphasized throughout to prevent unauthorized release of personal data. The bill aligns Texas CHRI procedures with federal guidelines and aims to increase efficiency, accuracy, and data protection in the background check process across numerous regulated professions.

The originally filed version of HB 5097 focused primarily on expanding and refining the authority of certain Texas state agencies—such as the Texas Department of Insurance, Office of Consumer Credit Commissioner, and Health and Human Services Commission—to access criminal history record information (CHRI) for licensing and regulatory purposes. It revised specific sections of the Government Code to clarify how and when CHRI can be obtained, and under what circumstances it may be disclosed. These changes largely aligned with federal standards and sought to clarify the scope of authority for various licensing entities.

In contrast, the Committee Substitute version of HB 5097 significantly broadens the bill’s reach by amending additional sections of the Government Code and incorporating more procedural specificity. For example, it removes outdated references to Social Security numbers and replaces them with updated biometric identification requirements, such as state-issued photo ID cards and electronic images. This change modernizes the CHRI request process to align with contemporary identification practices. The substitute also updates the list of entities entitled to request CHRI and includes provisions about methods of dissemination, data security, and compliance with federal law under the National Child Protection Act.

Furthermore, the committee substitute introduces or revises statutory language to expand CHRI access to a wider range of occupational licensing boards, including those regulating pharmacy, manufactured housing, and environmental licensing. Notably, it introduces additional procedural requirements such as mandatory fingerprint submissions for certain license renewals and conditions under which CHRI must be destroyed after use—none of which were explicitly detailed in the original filed version.

Overall, the Committee Substitute reflects a more comprehensive and coordinated approach to managing criminal history data within the state licensing and regulatory framework. It emphasizes biometric security, data confidentiality, and compliance with federal standards, going well beyond the narrower amendments proposed in the originally filed bill.

Author

Ryan Guillen

Contact the Author

Rep. Ryan Guillen

Capitol Phone:

(512) 463-0416

Capitol Office:

CAP 3N.6

E-Mail:

[email protected]

Visit Official Website

Fiscal Notes

According to the Legislative Budget Board (LBB), HB 5097 is not expected to result in a significant fiscal impact to the state. While the bill expands the list of agencies authorized to obtain criminal history record information (CHRI) from the Department of Public Safety (DPS), the mechanisms for cost recovery are already in place. Specifically, DPS currently charges a fingerprinting fee to applicants and licensees undergoing CHRI checks, and this revenue is intended to offset the administrative costs associated with conducting background checks.

The bill may generate additional revenue from fingerprinting fees as more agencies and license applicants become subject to CHRI requirements. However, the exact fiscal effect of this increase is indeterminate because it depends on the volume of new fingerprint submissions, which cannot be reliably projected at this stage. Nonetheless, DPS anticipates being able to manage any increased workload without requiring additional appropriations, assuming continued use of existing infrastructure and staffing levels.

At the local level, the fiscal note concludes there would be no significant impact on units of local government. The bill does not impose new mandates or funding obligations on counties, municipalities, or local agencies. Overall, HB 5097 is designed to enhance public safety oversight through more consistent and comprehensive CHRI procedures, and it does so within a fiscally neutral framework for both state and local governments.

Vote Recommendation Notes

HB 5097 is a corrective and compliance-driven measure that ensures Texas can continue accessing the FBI’s national criminal background check system. Following the FBI’s determination that prior legislative reforms in 2023 (via HB 4123) did not fully satisfy federal requirements, this bill provides the necessary statutory clarity by explicitly listing the state agencies and categories of individuals entitled to receive criminal history record information (CHRI). By doing so, the bill preserves agencies’ ability to conduct thorough background checks for professional licensing, hiring, and regulatory enforcement, especially in fields that handle sensitive data or serve vulnerable populations.

The bill standardizes identification procedures by replacing outdated references (like Social Security numbers) with more secure biometric identifiers such as fingerprints and photo IDs. It also modernizes background check access protocols and terminology across a wide range of agencies including the Texas Department of Insurance, Health and Human Services Commission, Texas State Board of Pharmacy, and others. This brings state law into alignment with federal rules under the National Child Protection Act and ensures continued cooperation between Texas and federal law enforcement systems.

The Legislative Budget Board has determined that the bill would not create a significant cost to the state or local governments. Administrative costs are expected to be absorbed through existing agency operations, and any increase in fingerprinting activity is offset by fees already collected by the Department of Public Safety.

While the bill modestly expands the scope of government background check authority and increases compliance requirements for regulated individuals and businesses, these actions are narrowly tailored to meet federal mandates. They serve a clear public safety interest without adding new taxes, agencies, or broad regulatory burdens. Therefore, in light of the bill’s role in safeguarding public safety and maintaining federal access, and as such, Texas Policy Research recommends that lawmakers vote YES on HB 5097.

Individual Liberty: The bill slightly narrows individual liberty by expanding the biometric data individuals must provide (e.g., fingerprints, photo IDs) when applying for or renewing licenses in regulated fields. While this improves identity verification and public safety, it increases government access to personal information. The bill does include provisions to limit unauthorized disclosure, but greater safeguards on data use and retention may be warranted to fully preserve individual privacy rights.
Personal Responsibility: The bill supports personal responsibility by reinforcing that individuals and business representatives seeking licenses or regulatory approval must supply complete, accurate personal information. Those subject to background checks bear the responsibility of complying with the process, including fingerprinting, as a condition of participation in regulated professions. This aligns with the principle that individuals should meet reasonable standards when entrusted with public or professional duties.
Free Enterprise: The bill has a mixed impact on free enterprise. On one hand, it supports a trustworthy business environment by ensuring that professionals, especially in sensitive fields like healthcare, insurance, and finance, are thoroughly vetted. On the other hand, it modestly increases the regulatory burden on entrepreneurs and small businesses by expanding who must undergo criminal background checks and what they must provide. These costs are manageable, but they introduce new compliance layers for entry into certain occupations.
Private Property Rights: While the bill does not directly affect private property, it can bolster trust and safety in professions that interact with property, such as title insurance, plumbing, or manufactured housing, by improving the vetting of license holders. This can indirectly support property rights by reducing fraud and misconduct. However, the bill does not create new protections or restrictions related to property ownership or use.
Limited Government: The bill modestly expands the scope of government authority by granting more agencies the power to access national and state criminal history data and by increasing the number of people subject to fingerprinting and identity checks. Though it does not add new bureaucracies or increase public spending, it extends regulatory reach in a way that requires careful monitoring. Guardrails on data access and routine legislative review would help keep this expansion in balance with limited government principles.

Related Legislation

SB 2587 (Similar To)

View Bill Text and Status