Bill Text: TX SB2587 | 2025-2026 | 89th Legislature | Enrolled

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Bill Title: Relating to the access to and use of certain criminal history record information, to the procedure for obtaining that information, and to the correct terminology for certain licenses the issuance of which requires a criminal history background check.

Sponsorship: Bipartisan Bill

Status: (Passed) 2025-06-20 - Effective on 9/1/25 [SB2587 Detail]

Download: Texas-2025-SB2587-Enrolled.html

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S.B. No. 2587

AN ACT
relating to the access to and use of certain criminal history record
information, to the procedure for obtaining that information, and
to the correct terminology for certain licenses the issuance of
which requires a criminal history background check.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.0845(e), Government Code, is amended
to read as follows:
(e) A person entitled to receive criminal history record
information under this section must provide the department with the
following information regarding the person who is the subject of
the criminal history record information requested:
(1) the person's full name, date of birth, and sex,
[and social security number,] and the number assigned to any form of
unexpired identification card issued by this state or another
state, the District of Columbia, or a territory of the United States
that includes the person's photograph;
(2) a recent electronic digital image photograph of
the person and a complete set of the person's fingerprints as
required by the department; and
(3) any other information required by the department.
SECTION 2. Section 411.086(b), Government Code, is amended
to read as follows:
(b) Rules adopted by the department:
(1) shall provide for a uniform method of requesting
criminal history record information from the department;
(2) may require a person requesting criminal history
record information about an individual to submit to the department
one or more of the following:
(A) the complete name, race, and sex of the
individual;
(B) any known alias name of the individual;
(C) a complete set of the individual's
fingerprints;
(D) a recent photograph of the individual;
(E) any known identifying number of the
individual, including [social security number,] FBI number,
driver's license number, or state identification number;
(F) the individual's date of birth;
(G) any known alias dates of birth of the
individual; or
(H) any other information the department
determines is necessary to identify the individual or the record;
(3) shall provide for the methods and formats for
dissemination of criminal history record information; and
(4) shall provide security measures and policies that
are designed to guard against unauthorized release or dissemination
of criminal history record information that is maintained or
disseminated by the department.
SECTION 3. Section 411.087(e), Government Code, is amended
to read as follows:
(e) The department may provide access to state and national
criminal history record information to a qualified entity
[entities] entitled to that information regarding the entity's
employees and contractors under the National Child Protection Act
of 1993 (34 U.S.C. Section 40102) [42 U.S.C. Section 5119a]. The
department must follow federal law and regulation, federal
executive orders, and federal policy in releasing information under
this subsection.
SECTION 4. Section 411.095(b), Government Code, is amended
to read as follows:
(b) The consumer credit commissioner may not release or
disclose to any person criminal history record information obtained
from the Federal Bureau of Investigation under Subsection (a-1)(1),
except to the person who is the subject of the criminal history
record information. The consumer credit commissioner may not
release or disclose criminal history record information obtained
under Subsection (a-1)(2) except:
(1) on court order;
(2) to the person who is the subject of the criminal
history record information;
(3) with the consent of the person who is the subject
of the criminal history record information; or
(4) in a hearing where the Office of Consumer Credit
Commissioner is a party.
SECTION 5. Section 411.106(a), Government Code, is amended
to read as follows:
(a) The Texas Department of Insurance is entitled to obtain
criminal history record information as provided by Subsection (a-1)
that relates to a person who is:
(1) an applicant for a license, permit, certificate of
authority, certificate of registration, or other authorization
issued by the Texas Department of Insurance to engage in an activity
regulated under the Insurance Code, including a person who is:
(A) an applicant for approval of an acquisition,
change, or divestiture of control of a domestic insurer under
Chapter 823, Insurance Code;
(B) an applicant for or holder of a surplus lines
license under Chapter 981, Insurance Code, or associated with an
entity that is an applicant for or holder of such a license;
(C) an applicant for or holder of a life
insurance provider or broker license under Chapter 1111A, Insurance
Code, or associated with an entity that is an applicant for or
holder of such a license;
(D) an applicant for or holder of a title
insurance agent license under Chapter 2651, Insurance Code, or
associated with an entity that is an applicant for or holder of such
a license;
(E) an applicant for or holder of an escrow
officer license under Chapter 2652, Insurance Code, or associated
with an entity that is an applicant for or holder of such a license;
(F) an applicant for or holder of an agent
license, temporary license, or provisional permit under Chapter
4001, Insurance Code;
(G) an applicant for or holder of a general
property and casualty license under Chapter 4051, Insurance Code,
or associated with an entity that is an applicant for or holder of
such a license;
(H) an applicant for or holder of a managing
general agent license under Chapter 4053, Insurance Code, or
associated with an entity that is an applicant for or holder of such
a license;
(I) an applicant for or holder of a license under
Chapter 4054, Insurance Code, or associated with an entity that is
an applicant for or holder of such a license;
(J) an applicant for or holder of a nonresident
agent license under Chapter 4056, Insurance Code, or associated
with an entity that is an applicant for or holder of such a license;
(K) an applicant for or holder of an insurance
adjuster license under Chapter 4101, Insurance Code, or associated
with an entity that is an applicant for or holder of such a license;
(L) an applicant for or holder of a public
insurance adjuster license under Chapter 4102, Insurance Code, or
associated with an entity that is an applicant for or holder of such
a license;
(M) an applicant for or holder of a certificate
of authority under Chapter 4151, Insurance Code, or associated with
an entity that is an applicant for or holder of such a certificate;
(N) an applicant for or holder of a reinsurance
intermediary license under Chapter 4152, Insurance Code, or
associated with an entity that is an applicant for or holder of such
a license;
(O) an applicant for or holder of a risk manager
license under Chapter 4153, Insurance Code, or associated with an
entity that is an applicant for or holder of such a license;
(P) an applicant for or holder of a certificate
of registration under Chapter 4201, Insurance Code, or associated
with an entity that is an applicant for or holder of such a
certificate;
(Q) associated with an independent review
organization that is an applicant for or holder of a certification
under Chapter 4202, Insurance Code;
(R) associated with a discount health care
program operator that is an applicant for or holder of a
registration under Chapter 7001, Insurance Code; and
(S) an applicant for or holder of a license under
Chapter 91, Labor Code; or
(2) a corporate officer or director of an insurance
company regulated by the Texas Department of Insurance, including a
company that is an applicant for or holder of a certificate of
authority under the following provisions of the Insurance Code:
(A) Chapter 801;
(B) Chapter 822;
(C) Chapter 841;
(D) Chapter 843;
(E) Chapter 844;
(F) Chapter 846;
(G) Chapter 848;
(H) Chapter 964;
(I) Chapter 1305; and
(J) Title 11.
SECTION 6. Section 411.1106(b), Government Code, as amended
by Chapters 871 (H.B. 4123) and 1089 (S.B. 1192), Acts of the 88th
Legislature, Regular Session, 2023, is reenacted, amended to
correct a typographical error, and further amended to read as
follows:
(b) The commission is entitled to obtain criminal history
record information as provided by Subsection (b-1) that relates to
a person who is required to be fingerprinted and is:
(1) an applicant for an employment or volunteer
position or an applicant for a contract with the commission in which
the person, as an employee, volunteer, or contractor, as [an]
applicable, would have access to sensitive personal or financial
information, as determined by the executive commissioner[, in:
[(A) the eligibility services division of the
commission as established under Section 531.008;
[(B) the commission's office of inspector
general as established by Section 531.008 and Subchapter C, Chapter
531; or
[(C) the regulatory services division of the
commission as established under Section 531.008]; or
(2) an employee, volunteer, or contractor of the
commission who has access to sensitive personal or financial
information, as determined by the executive commissioner.
SECTION 7. The heading to Section 411.1143, Government
Code, is amended to read as follows:
Sec. 411.1143. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION; AGENCIES ADMINISTERING OR OPERATING [PART OF] MEDICAL
ASSISTANCE AND OTHER PUBLIC BENEFITS PROGRAMS [PROGRAM].
SECTION 8. Section 411.1143, Government Code, is amended by
amending Subsections (a) and (a-1) and adding Subsection (e) to
read as follows:
(a) The Health and Human Services Commission, an agency
operating part of a public benefits program, including the medical
assistance program under Chapter 32, Human Resources Code, or the
office of inspector general established under Subchapter C, Chapter
544, of this code [Government Code], is entitled to obtain criminal
history record information as provided by Subsection (a-2) that
relates to a provider under a public benefits [the medical
assistance] program administered by the commission or a person
applying to enroll as a provider under a public benefits [the
medical assistance] program administered by the commission.
(a-1) Criminal history record information the Health and
Human Services Commission or the office of inspector general is
authorized to obtain under Subsection (a) includes criminal history
record information relating to:
(1) a person that:
(A) has a direct or indirect ownership interest,
or a combination of direct and indirect ownership interests, that
equals five percent or more in the provider or person applying to
enroll as a provider;
(B) owns an interest of five percent or more in a
mortgage, deed of trust, promissory note, or other obligation
secured by the provider or person applying to enroll as a provider
if that interest equals at least five percent of the value of the
property or other assets of the provider or person applying to
enroll as a provider;
(C) is an officer or director of the provider or
person applying to enroll as a provider if that provider or
applicant is organized as a corporation; or
(D) is a partner in the provider or person
applying to enroll as a provider if that provider or applicant is
organized as a partnership [a person with a direct or indirect
ownership or control interest, as defined by 42 C.F.R. Section
455.101, in a provider of five percent or more]; and
(2) a managing employee of the provider or person
applying to enroll as a provider [a person whose information is
required to be disclosed in accordance with 42 C.F.R. Part 1001].
(e) In this section:
(1) "Managing employee", with respect to a provider or
person applying to enroll as a provider, means an individual,
including a general manager, business manager, administrator, or
director, who:
(A) exercises operational or managerial control
over all or part of the provider or applicant; or
(B) directly or indirectly conducts the daily
operations of all or part of the provider or applicant.
(2) "Ownership interest", with respect to a provider
or person applying to enroll as a provider, means having equity in
the provider's or applicant's capital, stock, or profits.
(3) "Provider" means an individual or entity that
engages in the delivery of health care services and is authorized to
deliver those services in this state, including an individual or
entity that delivers health care services to recipients under the
medical assistance program.
SECTION 9. Section 411.122(d), Government Code, is amended
to read as follows:
(d) The following state agencies are subject to this
section:
(1) Texas Appraiser Licensing and Certification
Board;
(2) Texas Board of Architectural Examiners;
(3) Texas Board of Chiropractic Examiners;
(4) State Board of Dental Examiners;
(5) Texas Board of Professional Engineers and Land
Surveyors;
(6) Texas Funeral Service Commission;
(7) Texas Board of Professional Geoscientists;
(8) Health and Human Services Commission, except as
provided by Section 411.110, and agencies attached to the
commission;
(9) Texas Department of Licensing and Regulation;
(10) Texas Commission on Environmental Quality;
(11) Executive Council of Physical Therapy and
Occupational Therapy Examiners;
(12) Texas Optometry Board;
(13) Texas State Board of Pharmacy;
(14) Texas State Board of Plumbing Examiners;
(15) Texas Behavioral Health Executive Council [State
Board of Examiners of Psychologists];
(16) Texas Real Estate Commission;
(17) Texas Department of Transportation;
(18) State Board of Veterinary Medical Examiners;
(19) Texas Department of Housing and Community
Affairs;
(20) secretary of state;
(21) state fire marshal;
(22) Texas Education Agency;
(23) Department of Agriculture; and
(24) Texas Department of Motor Vehicles.
SECTION 10. Section 411.12506(a), Government Code, is
amended to read as follows:
(a) The Texas Commission on Environmental Quality is
entitled to obtain criminal history record information as provided
by Subsection (b) that relates to a person who:
(1) is an applicant for [a license, permit, or
registration under]:
(A) a water supply system operator license
required by Section 341.033 [Chapters 341, 361, and 366], Health
and Safety Code;
(B) a backflow prevention assembly tester
license required by Section 341.034(c), Health and Safety Code
[Chapter 1903, Occupations Code]; [or]
(C) a customer service inspector license
required by Section 341.034(d), Health and Safety Code [Chapters 26
and 37, Water Code];
(D) a municipal solid waste facility supervisor
license required by Section 361.027, Health and Safety Code;
(E) an on-site sewage facility installer license
or apprentice registration required by Section 366.071(a), Health
and Safety Code;
(F) an on-site sewage facility maintenance
provider license or maintenance technician registration required
by Section 366.071(a), Health and Safety Code;
(G) an on-site sewage facility designated
representative license required by Section 366.071(b), Health and
Safety Code;
(H) an on-site sewage facility site evaluator
license required by Section 366.071(c), Health and Safety Code;
(I) a landscape irrigator or irrigation
technician license required by Section 1903.251(a), Occupations
Code;
(J) an irrigation inspector license required by
Section 1903.251(a), Occupations Code;
(K) a water treatment specialist certificate
required by Section 1904.052, Occupations Code;
(L) a wastewater treatment plant operator
license required by Section 26.0301(c), Water Code;
(M) a wastewater collection system operator
license required by Section 26.0301(c), Water Code;
(N) a leaking petroleum storage tank corrective
action project manager or specialist license required by Section
26.366, Water Code; or
(O) an underground storage tank on-site
supervisor license required by Section 26.456, Water Code;
(2) is the holder of a license, registration, or
certificate[, permit, or registration] under a provision listed in
Subdivision (1); or
(3) requests a determination of eligibility for a
license, registration, or certificate[, permit, or registration]
from the agency under a provision listed in Subdivision (1).
SECTION 11. Section 411.12508(a), Government Code, is
amended to read as follows:
(a) The manufactured housing division of the Texas
Department of Housing and Community Affairs is entitled to obtain
criminal history record information as provided by Subsection (b)
that relates to a person who is:
(1) an applicant for or holder of:
(A) a manufacturer's license required by Section
1201.101(a), Occupations Code;
(B) a retailer's license required by Section
1201.101(b) or (e), Occupations Code;
(C) a broker's license required by Section
1201.101(c), Occupations Code;
(D) an installer's license required by Section
1201.101(d), Occupations Code; or
(E) a salesperson's license required by Section
1201.101(f) [a license under Chapter 1201], Occupations Code; or
(2) an owner, officer, or related person or manager of
a person described by Subdivision (1).
SECTION 12. Section 411.12509(a), Government Code, is
amended to read as follows:
(a) The state fire marshal is entitled to obtain criminal
history record information as provided by Subsection (b) that
relates to a person who is an applicant for or holder of:
(1) a fire extinguisher license or apprentice permit
under Chapter 6001, Insurance Code, including a Type PL, Type A,
Type B, or Type K license;
(2) a fire alarm license or approval under Chapter
6002, Insurance Code, including:
(A) a fire alarm technician license;
(B) a residential fire alarm technician license;
(C) a fire alarm monitoring technician license;
(D) a residential alarm superintendent license;
(E) a fire alarm planning superintendent
license;
(F) a residential fire alarm superintendent
single station license;
(G) a fire alarm instructor approval; or
(H) a fire alarm training school approval;
(3) a fire protection sprinkler system contractor
registration certificate or a responsible managing employee
license under Chapter 6003, Insurance Code, including:
(A) a responsible managing employee general
license;
(B) a responsible managing employee dwelling
license;
(C) a responsible managing employee underground
license; or
(D) a responsible managing employee general
inspector license; or
(4) a license required by Subchapters C and D, Chapter
2154, Occupations Code, including:
(A) a pyrotechnic operator's license under
Section 2154.154, Occupations Code;
(B) a pyrotechnic special effects operator's
license under Section 2154.155, Occupations Code; or
(C) a flame effect operator's license under
Section 2154.156, Occupations Code [a license issued by the state
fire marshal].
SECTION 13. Sections 411.12510(a) and (d), Government Code,
are amended to read as follows:
(a) The Texas Medical Board is entitled to obtain criminal
history record information as provided by Subsection (b) that
relates to a person who is:
(1) an applicant for or holder of a license to practice
medicine;
(2) an applicant for or holder of a license to practice
as a physician assistant;
(3) an applicant for or holder of a license to practice
as an acupuncturist;
(4) an applicant for or holder of a certificate to
practice as an acudetox specialist;
(5) an applicant for or holder of a license to practice
as a surgical assistant;
(6) an applicant for or holder of a general
certificate to perform radiologic procedures, limited certificate
to perform radiologic procedures only on specific parts of the
body, or radiologist assistant certificate;
(7) an applicant for or holder of a placement on the
registry of noncertified technicians;
(8) an employee of an applicant for a hardship
exemption;
(9) an applicant for or holder of a license to practice
as a medical physicist;
(10) an applicant for or holder of a license to
practice as a perfusionist;
(11) an applicant for or holder of a license to
practice as a respiratory care practitioner; [and]
(12) an applicant for or holder of a pain management
clinic certificate; and
(13) an applicant for employment at or current
employee of the Texas Medical Board.
(d) The Texas Medical Board is not prohibited from
disclosing criminal history record information obtained under
Subsection (b)(2) in a hearing conducted by the Texas Medical Board
or its advisory boards or by the State Office of Administrative
Hearings.
SECTION 14. Section 411.12511(a), Government Code, is
amended to read as follows:
(a) The Texas Department of Motor Vehicles is entitled to
obtain criminal history record information as provided by
Subsection (b) that relates to a person:
(1) who is an applicant for or holds a general
distinguishing number under Chapter 503, Transportation Code;
(2) who is an applicant for or holds a license under
Chapter 2301 or 2302, Occupations Code; [or]
(3) who is an owner, officer, director, member,
manager, principal, partner, trustee, or trust beneficiary of an
applicant, general distinguishing number holder, or license
holder; or
(4) who is an employee designated as an authorized
representative by [other person acting in a representative capacity
for] an applicant, general distinguishing number holder, or license
holder and whose act or omission in the course or scope of the
person's representation would be cause for denying, revoking, or
suspending a general distinguishing number or license issued under
Chapter 503, Transportation Code, or Chapter 2301 or 2302,
Occupations Code.
SECTION 15. Section 411.12517, Government Code, is amended
by amending Subsections (a) and (b) and adding Subsections (a-1),
(a-2), (g), and (h) to read as follows:
(a) The Texas State Board of Pharmacy is entitled to obtain
criminal history record information as provided by Subsection (b)
that relates to a person who:
(1) is an applicant for or holder of a [license,
certificate,] registration as a pharmacist-intern under Section
557.001[, permit, or other authorization under Chapters 557, 558,
559, and 568], Occupations Code;
(2) is an applicant for or holder of a [Class A, Class
B, Class C, Class D, or Class E pharmacy] license by examination to
practice pharmacy under Section 558.051 [Chapters 560 and 561],
Occupations Code;
(3) is an applicant for or holder of a license by
reciprocity to practice pharmacy under Section 558.101,
Occupations Code;
(4) is an applicant for or holder of a provisional
license to practice pharmacy under Subchapter D, Chapter 558,
Occupations Code;
(5) is an applicant for or holder of a registration as
a pharmacy technician or a pharmacy technician trainee under
Section 568.002, Occupations Code;
(6) [(3)] requests a determination of eligibility for
a license, certificate, registration, permit, or other
authorization from the Texas State Board of Pharmacy under
Subchapter D, Chapter 53, Occupations Code; or
(7) [(4)] is an applicant for employment at or current
employee of the Texas State Board of Pharmacy.
(a-1) The Texas State Board of Pharmacy is entitled to
obtain a complete set of fingerprints from a person described by
Subsection (a).
(a-2) The Texas State Board of Pharmacy is entitled to
obtain criminal history record information as provided by
Subsection (b) that relates to a person who is:
(1) a partner, officer, director, managing employee,
or owner or person who controls the owner of a pharmacy; and
(2) an applicant for or a holder of a Class A, B, C, D,
or E pharmacy license issued under Section 560.051, Occupations
Code.
(b) Subject to Section 411.087 and consistent with the
public policy of this state, the Texas State Board of Pharmacy is
entitled to:
(1) obtain through the Federal Bureau of Investigation
criminal history record information maintained or indexed by that
bureau that pertains to a person described by Subsection (a) or
(a-2); and
(2) obtain from the department or any other criminal
justice agency in this state criminal history record information
maintained by the department or that criminal justice agency that
relates to a person described by Subsection (a) or (a-2).
(g) The failure or refusal of an employee of or an applicant
for employment at the Texas State Board of Pharmacy to provide the
following on request constitutes good cause for dismissal or
refusal to hire:
(1) a complete set of fingerprints;
(2) a true and complete name; or
(3) other information necessary for a law enforcement
entity to obtain criminal history record information.
(h) An applicant for renewal of a license or registration
described by Subsection (a) who has not yet submitted a complete set
of fingerprints as part of a previous application for the license or
registration shall submit to the Texas State Board of Pharmacy a
complete set of fingerprints with the person's completed
application for renewal. Failure to submit a complete set of
fingerprints under this subsection may result in a suspension or
refusal to renew the applicable license or registration by the
Texas State Board of Pharmacy.
SECTION 16. Section 411.136(c), Government Code, is amended
to read as follows:
(c) The public or nonprofit hospital or hospital district
shall adopt a uniform method to obtain criminal history record
information from persons described by Subsection (b). The hospital
or district may require the complete name, driver's license number,
or fingerprints[, or social security number] of those persons.
SECTION 17. Section 411.1386(a), Government Code, is
amended to read as follows:
(a) Except as provided by Subsections (a-1) and (a-6), the
clerk of the county having venue over a proceeding for the
appointment of a guardian under Title 3, Estates Code, shall, based
on information provided in an application filed under Section
1101.001, Estates Code, obtain criminal history record information
as provided by Subsection (a-7) that relates to any person, other
than an attorney or a person who is a certified guardian, proposed
to serve as a guardian under Title 3, Estates Code, including:
(1) a proposed temporary guardian;
(2) [,] a proposed successor guardian; or
(3) [, or] any person who will have care and custody of
[contact with] the proposed ward or the proposed ward's estate on
behalf of the proposed guardian and who is not otherwise required to
submit to a criminal background check under this section[, other
than an attorney or a certified guardian].
SECTION 18. Section 1101.001(b), Estates Code, is amended
to read as follows:
(b) The application must be sworn to by the applicant and
state:
(1) the proposed ward's name, sex, date of birth, and
address;
(2) the name, former name, if any, relationship, and
address of the person the applicant seeks to have appointed as
guardian;
(3) whether guardianship of the person or estate, or
both, is sought;
(3-a) whether alternatives to guardianship and
available supports and services to avoid guardianship were
considered;
(3-b) whether any alternatives to guardianship and
supports and services available to the proposed ward considered are
feasible and would avoid the need for a guardianship;
(4) the nature and degree of the alleged incapacity,
the specific areas of protection and assistance requested, and the
limitation or termination of rights requested to be included in the
court's order of appointment, including a termination of:
(A) the right of a proposed ward who is 18 years
of age or older to vote in a public election;
(B) the proposed ward's eligibility to hold or
obtain a license to operate a motor vehicle under Chapter 521,
Transportation Code; and
(C) the right of a proposed ward to make personal
decisions regarding residence;
(5) the facts requiring the appointment of a guardian;
(6) the interest of the applicant in the appointment
of a guardian;
(7) the nature and description of any kind of
guardianship existing for the proposed ward in any other state;
(8) to enable a criminal history record information
background check to be obtained on the person, the name, [and]
address, phone number, and date of birth, if applicable, of any
person [or institution] having the care and custody of the proposed
ward or the proposed ward's estate;
(9) the approximate value and a detailed description
of the proposed ward's property, including:
(A) liquid assets, including any compensation,
pension, insurance, or allowance to which the proposed ward may be
entitled; and
(B) non-liquid assets, including real property;
(10) the name and address of any person whom the
applicant knows to hold a power of attorney signed by the proposed
ward and a description of the type of power of attorney;
(11) for a proposed ward who is a minor, the following
information if known by the applicant:
(A) the name of each of the proposed ward's
parents and either the parent's address or that the parent is
deceased;
(B) the name and age of each of the proposed
ward's siblings, if any, and either the sibling's address or that
the sibling is deceased; and
(C) if each of the proposed ward's parents and
adult siblings are deceased, the names and addresses of the
proposed ward's other living relatives who are related to the
proposed ward within the third degree by consanguinity and who are
adults;
(12) for a proposed ward who is a minor, whether the
minor was the subject of a legal or conservatorship proceeding in
the preceding two years and, if so:
(A) the court involved;
(B) the nature of the proceeding; and
(C) any final disposition of the proceeding;
(13) for a proposed ward who is an adult, the following
information if known by the applicant:
(A) the name of the proposed ward's spouse, if
any, and either the spouse's address or that the spouse is deceased;
(B) the name of each of the proposed ward's
parents and either the parent's address or that the parent is
deceased;
(C) the name and age of each of the proposed
ward's siblings, if any, and either the sibling's address or that
the sibling is deceased;
(D) the name and age of each of the proposed
ward's children, if any, and either the child's address or that the
child is deceased; and
(E) if there is no living spouse, parent, adult
sibling, or adult child of the proposed ward, the names and
addresses of the proposed ward's other living relatives who are
related to the proposed ward within the third degree by
consanguinity and who are adults;
(14) facts showing that the court has venue of the
proceeding; and
(15) if applicable, that the person whom the applicant
seeks to have appointed as a guardian is a private professional
guardian who is certified under Subchapter C, Chapter 155,
Government Code, and has complied with the requirements of
Subchapter G, Chapter 1104.
SECTION 19. The heading to Section 1104.402, Estates Code,
is amended to read as follows:
Sec. 1104.402. [COURT CLERK'S] DUTY TO OBTAIN CRIMINAL
HISTORY RECORD INFORMATION; AUTHORITY TO CHARGE FEE.
SECTION 20. Section 1104.402, Estates Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) Except as provided by Section 1104.404 or 1104.406(a),
the clerk of the county having venue of the proceeding for the
appointment of a guardian shall, based on information provided in
an application filed under Section 1101.001, obtain criminal
history record information that is maintained by the Department of
Public Safety or the Federal Bureau of Investigation identification
division relating to any person, other than an attorney or a person
who is a certified guardian, proposed to serve as a guardian under
this title, including:
(1) a proposed temporary guardian;
(2) [,] a proposed successor guardian; or
(3) [, or] any person who will have care and custody of
[contact with] the proposed ward or the proposed ward's estate on
behalf of the proposed guardian and who is not otherwise required to
submit to a criminal background check under this section[, other
than an attorney or a person who is a certified guardian].
(a-1) A proposed guardian who is an attorney or a certified
guardian shall provide to the court the name, address, phone
number, and date of birth of any person who will have care and
custody of the proposed ward or the proposed ward's estate on the
proposed guardian's behalf. If the person having care and custody
of the proposed ward or the proposed ward's estate on the proposed
guardian's behalf is not also a certified guardian, the clerk shall
obtain criminal history record information for that person as
specified by Subsection (a).
SECTION 21. Section 1104.405(a), Estates Code, is amended
to read as follows:
(a) Criminal history record information obtained or
provided under Section 1104.402 or 1104.404 is privileged and
confidential and is for the exclusive use of the court. The
criminal history record information may not be released or
otherwise disclosed to any person or agency except on court
order. The court may use the criminal history record information
only to determine whether to:
(1) appoint, remove, or continue the appointment of a
private professional guardian, a guardianship program, or the
Health and Human Services Commission; or
(2) appoint any person proposed to serve as a guardian
under this title, including a proposed temporary guardian, a
proposed successor guardian, or any person who will have care or
custody of [contact with] the proposed ward or the proposed ward's
estate on behalf of the proposed guardian, other than an attorney or
a certified guardian.
SECTION 22. Subchapter A, Chapter 1151, Estates Code, is
amended by adding Section 1151.006 to read as follows:
Sec. 1151.006. GUARDIAN'S DUTY TO NOTIFY COURT OF CHANGES
CONCERNING CARE AND CUSTODY OF WARD; CLERK'S DUTY TO OBTAIN
CRIMINAL HISTORY RECORD INFORMATION. (a) This section applies
only to a guardian who is a certified guardian or attorney and who
has designated a person to have care and custody of the ward or the
ward's estate on the guardian's behalf as provided by Section
1104.402(a-1).
(b) A guardian shall notify the court of any change
concerning the designation or contact information of a person
having care and custody of a ward or the ward's estate on the
guardian's behalf not later than the 30th day after the date the
change occurs. If, as a result of a change in designation, the
guardian wants to designate another person who will have care and
custody of the ward or the ward's estate on the guardian's behalf,
the notification must also include the name, address, phone number,
and date of birth of that other person.
(c) On receipt of notification of a change under Subsection
(b) that includes the name of a person who will have care and
custody of the ward or the ward's estate on behalf of the guardian,
the clerk of the court having jurisdiction over the proceeding
shall obtain criminal history record information that is maintained
by the Department of Public Safety or the Federal Bureau of
Investigation identification division relating to that person.
SECTION 23. Section 155.205(a), Government Code, is amended
to read as follows:
(a) In accordance with Subsection (c) and the rules adopted
by the supreme court under Section 155.203, the commission shall
obtain criminal history record information that is maintained by
the Department of Public Safety. The clerk shall obtain in
accordance with Subsection (b) criminal history record information
from the Federal Bureau of Investigation identification division
relating to an individual seeking appointment as a guardian or
temporary guardian, and any individual who will have care
and custody of a proposed ward or the proposed ward's estate on
behalf of a certified guardian or attorney who has been appointed
guardian as required by Section 1104.402(a-1), Estates Code.
SECTION 24. Section 503.308, Occupations Code, is amended
to read as follows:
Sec. 503.308. ASSOCIATE [TEMPORARY] LICENSE. (a) The
executive council by rule may provide for the issuance of an
associate [a temporary] license. Rules adopted under this
subsection must provide a time limit for the period an associate [a
temporary] license is valid.
(b) The executive council by rule may adopt a system under
which an associate [a temporary] license may be issued to a person
who:
(1) meets all of the academic and examination
requirements for licensing; and
(2) enters into a supervisory agreement with a
supervisor approved by the executive council.
SECTION 25. To the extent of any conflict, this Act prevails
over another Act of the 89th Legislature, Regular Session, 2025,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 26. This Act takes effect September 1, 2025.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 2587 passed the Senate on
May 8, 2025, by the following vote: Yeas 31, Nays 0; and that the
Senate concurred in House amendments on May 30, 2025, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2587 passed the House, with
amendments, on May 28, 2025, by the following vote: Yeas 139,
Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor