BILL ANALYSIS

H.B. 4344

By: Hernandez

State Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

In 2023, the Texas Legislature authorized the Public Utility Commission of Texas (PUC) to obtain criminal history record information of prospective employees. However, the bill author has informed the committee that the 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.

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. 4344 amends the Government Code to expand the entitlement of the Public Utility Commission of Texas (PUC) to obtain from the Department of Public Safety (DPS) criminal history record information maintained by DPS that relates to an applicant for employment with the PUC in the following ways:

· includes the following among the individuals for which the PUC is entitled to obtain criminal history record information from DPS:

o a PUC employee who is granted access to ERCOT records or to critical infrastructure information that is confidential under state or federal law; or

o a person who enters into a contract with the PUC and is granted under that contract access to information in PUC records that is confidential under state or federal law; and

· expands the sources from which the PUC may obtain criminal history record information by also entitling the PUC to do the following:

o obtain through the FBI criminal history record information maintained or indexed by the FBI that pertains to an applicable person; and

o obtain from any other criminal justice agency in Texas criminal history record information maintained by that agency that relates to an applicable person.

The bill clarifies that the PUC's obtainment of the information is subject to statutory provisions relating to access to criminal history record information maintained by the FBI or a local criminal justice agency and must be consistent with state public policy.

H.B. 4344 prohibits the PUC from releasing or disclosing to any person criminal history record information obtained from the FBI under the bill's provisions. The bill maintains the existing prohibition against the release or disclosure of criminal history record information obtained by the PUC from DPS to any person or agency except on court order or with the consent of the person who is the subject of the information, and the bill extends that prohibition to criminal history record information obtained by the PUC from any other criminal justice agency in Texas. The bill replaces an authorization for the PUC to destroy the criminal history record information after the information is used for the authorized purpose with a requirement for the PUC to do so.

EFFECTIVE DATE

September 1, 2025.