BILL ANALYSIS

Senate Research Center	H.B. 4344
89R9646 SCR-D	By: Hernandez (Blanco)
	Business & Commerce
	5/9/2025
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

In 2023, the legislature authorized the Public Utility Commission of Texas (PUC) to obtain criminal history record information of prospective employees. However, that legislation did not explicitly authorize the PUC to obtain this information regarding certain individuals who are already employed by the PUC or who are already contracted with the PUC, as state agencies require explicit statutory authorization to conduct background checks on state employees. H.B. 4344 seeks to address this issue by entitling the PUC to obtain criminal history record information that relates to certain employees and those who are contracted with the PUC.

H.B. 4344 amends current law relating to access to and use of criminal history record information by the Public Utility Commission of Texas.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 411.14031, Government Code, by amending Subsections (a), (b), and (c) and adding Subsections (a-1) and (b-1), as follows:

(a) Entitles the Public Utility Commission of Texas (PUC) to obtain as provided by Subsection (a-1) criminal history record information that relates to:

(1) an applicant for employment with the commission;

(2) an employee of the commission who is granted access to the records of an independent organization certified by the PUC of Texas under Section 39.151 (Essential Organizations), Utilities Code, or critical infrastructure information that is confidential under state or federal law; or

(3)� a person who enters into a contract with the commission and is granted under that contract access to information in the commission's records that is confidential under state or federal law.

Deletes existing text entitling the PUC to obtain from the Department of Public Safety of the State of Texas (DPS) criminal record information maintained by DPS that relates to a person undergoing a background and criminal history check under Section 12.07 (Criminal History Checks For Certain Employees), Utilities Code.

(a-1) Entitles the PUC, subject to Section 411.087 (Access to Criminal History Record Information Maintained by Federal Bureau of Investigation (FBI) or Local Criminal Justice Agency) and consistent with the public policy of this state, to:

(1) obtain through the FBI criminal history record information maintained or indexed by that bureau that pertains to a person described by Subsection (a); and

(2) obtain from DPS or any other criminal justice agency in this state criminal history record information maintained by DPS or that criminal justice agency that relates to a person described by Subsection (a).

(b)� Creates this subsection from existing text and makes nonsubstantive changes.

(b-1) Prohibits the PUC from releasing or disclosing to any person criminal history record information obtained from the Federal Bureau of Investigation under Subsection (a-1)(1). Prohibits criminal history record information obtained by the PUC under Subsection (a-1)(2) from being released or disclosed to any person or agency except on court order or with the consent of the person who is the subject of the information. Makes nonsubstantive changes.

(c) Requires, rather than authorizes, the PUC to destroy criminal history record information obtained under Section 411.14031 (Access to Criminal History Record Information: Public Utility Commission of Texas), rather than under Subsection (a), after the information is used for the purpose authorized by this section.

SECTION 2.� Effective date: September 1, 2025.