By Bosse 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) one 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.
2-8 (c) After receipt of fingerprint cards and a written request
2-9 for information from the district clerk, the <The> Department of
2-10 Public Safety will provide to the court the criminal history record
2-11 information available to the department in state and federal
2-12 systems. The court may use the records to determine whether to
2-13 grant the order and may seal the records.
2-14 (d) If an order is entered granting <or denying> the
2-15 petition of a person having a criminal record, the clerk of the
2-16 court will send a certified copy of the order, a fingerprint card,
2-17 and a copy of the criminal history of the petitioner to the
2-18 Department of Public Safety.
2-19 (e) In addition to collecting fees for reimbursing law
2-20 enforcement agencies for investigation of a petitioner's criminal
2-21 history, at the time of the filing of the petition, the district
2-22 clerk may collect from each petitioner:
2-23 (1) a fee of $10 for conducting fingerprinting;
2-24 sending, verifying, or obtaining reports regarding criminal history
2-25 from any law enforcement agency; and obtaining or providing copies
3-1 and certified copies of documents required by this section; and
3-2 (2) the amount of the charge by the Department of
3-3 Public Safety under Section 411.042(d), Government Code, for
3-4 processing a criminal history inquiry.
3-5 (f) The district clerk is responsible for the accounting
3-6 under this section.
3-7 (g) The district clerk may make fingerprint cards or may
3-8 agree with a law enforcement agency for the making of the cards.
3-9 SECTION 2. This Act takes effect September 1, 1993.
3-10 SECTION 3. The importance of this legislation and the
3-11 crowded condition of the calendars in both houses create an
3-12 emergency and an imperative public necessity that the
3-13 constitutional rule requiring bills to be read on three several
3-14 days in each house be suspended, and this rule is hereby suspended.