Relating to access to and use of criminal history record information by the Public Utility Commission of Texas.

Contracts

Existing Master Services Agreements (MSAs) with the PUC must be amended to address:

• Personnel Substitution: Insert "no-fault" substitution clauses. If the PUC disqualifies an employee based on new FBI data, you must be able to swap personnel without triggering a breach of contract.
• Indemnification: Limit your liability regarding the PUC's handling of sensitive biometric and federal criminal data.
• Cost Allocation: Explicitly state whether the costs of FBI fingerprinting and processing are pass-through expenses to the PUC or overhead absorbed by the vendor.

Hiring/Training

• Biometric Logistics: Operationalize a workflow for employees to visit "FAST" (Fingerprint Applicant Services of Texas) locations. Name-based checks are no longer sufficient.
• Lead Times: FBI checks take longer to adjudicate than DPS checks. Adjust project deployment timelines to account for this delay.
• Pre-Screening: Audit current staff assigned to PUC projects. Individuals with criminal records that passed state checks may fail federal checks; identify these risks before the PUC does.

Reporting & Record-Keeping

• Clearance Certification: Because the law requires the PUC to destroy criminal records after use (changing "may" to "shall"), you will not receive the background report. You must establish a protocol to receive a formal "Pass/Fail" certification from the PUC for your internal compliance files.

Fees & Costs

• Per-Head Increase: Anticipate an unrecoverable cost of approximately $40–$50 per employee for FBI fingerprinting and processing, as the Fiscal Note indicates the State will not absorb these costs.