BILL ANALYSIS

H.B. 2309

By: Hunter

State Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Dates of birth are found in a multitude of public records, including the state's sex offender database, arrest and jail records, civil legal filings, candidate applications, and voter registration rolls. Because Social Security numbers and driver's license numbers are not generally accessible to the public, dates of birth are the only remaining identifier that ensures the accuracy of identification. However, dates of birth have also been largely inaccessible since 2015, when the Texas Third Court of Appeals ruled in Paxton v. City of Dallas that dates of birth contained in documents subject to disclosure under state public information law are private. That case has restricted access to vitally important information the public needs to ensure accurate reporting on criminal activity and to monitor candidates for elected office.

Disclosing dates of birth in criminal justice documents, such as arrest records, is crucial to identifying the correct person at the time an arrest is made. When a criminal justice record contains a common name, the person can more easily be identified with a date of birth. Dates of birth can also ensure that background check companies and other businesses obtain accurate information when deciding who to hire.

The public also requires access to dates of birth in order to accurately vet candidates for elected office. By providing access to birth dates that are submitted as part of candidate applications, the public can better ascertain who is vying to represent them. This, in turn, helps citizens to make more informed decisions when choosing their elected leaders. These identities are often redacted from candidate applications by local governments in Texas because of the aforementioned ruling.

H.B. 2309 seeks to ensure that this vital date-of-birth information is available to the general public by establishing that a person's date of birth contained in a candidate's filing for a place on the ballot or in corrections or prosecutorial information is not confidential and may not be withheld.

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

H.B. 2309 amends the Government Code to establish that a person's date of birth contained in a candidate's application for a place on a ballot or in corrections or prosecutorial information is not confidential and may not be withheld under state public information law. The bill applies only to a request for information that is received by a governmental body or a public information officer on or after the bill's effective date.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2023.