HB 2828

84(R) - 2015
House Homeland Security & Public Safety
House Homeland Security & Public Safety
Criminal Justice

Vote Recommendation

  • Neutral
  • Neutral
  • Neutral
  • Negative
  • Negative


Larry Phillips

Bill Caption

Relating to background checks for certain municipal and county employees and volunteers.

Fiscal Notes

No significant fiscal implication to the State or units of local government is anticipated.

Bill Analysis

HB 2828 would expand the rights of a municipality or a county to obtain criminal records from the Department of Public Safety (DPS) beyond merely an applicant for employment. This would expand background check authority for municipalities and counties to those employed under government contracts, volunteers or volunteer applicants within the municipality or county, and previous employees who were hired before September 1, 2000.

Vote Recommendation Notes

This legislation would expand municipal and county access to DPS criminal background records beyond what is necessary for a limited government. The real problem is how broadly this bill would apply.

For example, under the provisions of this bill a municipal or county official could obtain from DPS criminal background information of "an applicant for employment by or an employee of a business or person that contracts with" the municipality or county without regard to whether that applicant or employee would work on a project related to a government contract.

There is simply too much room under the provisions of this law for mischief by a county or municipal employee to use DPS records to snoop around the background of employees or job applicants of private sector companies that happen to have a contract with their unit of government.

We oppose HB 2828 because it violates our individual liberty and limited government principles. 

Organizations Supporting

County Judges and Commissioners Association of Texas
Texas Association of Counties
Texas Conference of Urban Counties