73R7505 MWV-D
By Bosse H.B. No. 1691
Substitute the following for H.B. No. 1691:
By Schechter C.S.H.B. No. 1691
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the name change of an adult.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 32.21, Family Code, is amended by
1-5 amending Subsections (b), (c), and (d) and adding Subsections (e),
1-6 (f), and (g) to read as follows:
1-7 (b) The petition must be verified and must include each of
1-8 the following or a reasonable explanation of why one or more of the
1-9 following is not included:
1-10 (1) the petitioner's:
1-11 (A) full true name;
1-12 (B) sex;
1-13 (C) race;
1-14 (D) date of birth;
1-15 (E) driver's license number of any license
1-16 issued within the past 10 years;
1-17 (F) social security number; and
1-18 (G) FBI number or SID number, if known, or any
1-19 other known reference number to a criminal history record system;
1-20 (2) any offense charged against the petitioner above
1-21 the grade of Class C misdemeanor;
1-22 (3) the case number and court of offense if a warrant
1-23 was issued or if a charging instrument was filed or presented;
2-1 (4) a certified copy of any docket sheet, warrant,
2-2 charging instrument, complaint, motion to dismiss, plea, verdict,
2-3 judgment, sentence, or probation order filed in any cause arising
2-4 out of a transaction under Subdivision (3); and
2-5 (5) two or more <a completed> fingerprint cards as
2-6 required by the district clerk <card> on a form approved by the
2-7 Department of Public Safety and the Federal Bureau of
2-8 Investigation.
2-9 (c) After receipt of fingerprint cards and a written request
2-10 for information from the district clerk, the <The> Department of
2-11 Public Safety will provide to the court the criminal history record
2-12 information available to the department in state and federal
2-13 systems. The court may use the records to determine whether to
2-14 grant the order and may seal the records.
2-15 (d) If an order is entered granting <or denying> the
2-16 petition of a person having a criminal record, the clerk of the
2-17 court will send a certified copy of the order, a fingerprint card,
2-18 and a copy of the criminal history of the petitioner to the
2-19 Department of Public Safety.
2-20 (e) In a county having a population of 2,500,000 or more, in
2-21 addition to collecting fees for reimbursing law enforcement
2-22 agencies for investigation of a petitioner's criminal history, at
2-23 the time of the filing of the petition, the district clerk may
2-24 collect from each petitioner:
2-25 (1) a fee of $10 for conducting fingerprinting;
3-1 sending, verifying, or obtaining reports regarding criminal history
3-2 from any law enforcement agency; and obtaining or providing copies
3-3 and certified copies of documents required by this section; and
3-4 (2) the amount of the charge by the Department of
3-5 Public Safety under Section 411.042(d), Government Code, and the
3-6 charge by the Federal Bureau of Investigation under applicable
3-7 federal law, for processing a criminal history inquiry.
3-8 (f) In a county having a population of 2,500,000 or more,
3-9 the district clerk is responsible for the accounting under
3-10 Subsection (e) of this section.
3-11 (g) In a county having a population of 2,500,000 or more,
3-12 the district clerk may take the fingerprints or may agree with a
3-13 law enforcement agency for the taking of the fingerprints.
3-14 SECTION 2. This Act takes effect September 1, 1993.
3-15 SECTION 3. The importance of this legislation and the
3-16 crowded condition of the calendars in both houses create an
3-17 emergency and an imperative public necessity that the
3-18 constitutional rule requiring bills to be read on three several
3-19 days in each house be suspended, and this rule is hereby suspended.