BILL ANALYSIS

S.B. 237

By: Nelson

State Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Concerns have been raised regarding the online availability of personal information relating to occupational license holders. There have been calls to ensure that the agencies issuing the licenses exercise caution when posting information online in order to protect the safety of these licensees. S.B. 237 seeks to address this issue by requiring the Sunset Advisory Commission, when reviewing such an agency, to determine whether the agency's governing body has made an evaluation regarding the type of licensee personal information that should be made available online and to recommend that the agency complete such an evaluation if the agency has not done so.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.B. 237 amends the Government Code to require the Sunset Advisory Commission, as part of the commission's review of an agency that licenses an occupation or profession, to determine whether the governing body of the agency being reviewed has made an evaluation regarding the type of personal information of license holders that the agency should make available on the agency's website based on the following factors:

· the type of information the public needs to file a complaint with the agency;

· the type of information the public needs to locate an existing or potential service provider;

· the type of information the public needs to verify a license; and

· whether making the information available on the agency's website could subject a license holder to harassment, solicitation, or other nuisance.

The bill requires the commission, if it determines that the governing body of an agency has not completed the evaluation, to make a recommendation that the governing body perform such an evaluation.

EFFECTIVE DATE

September 1, 2019.