SRC-TNM H.B. 1176 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1176
By: Allen (Brown)
State Affairs
5-14-97
Engrossed


DIGEST 

Currently, Department of Public Safety (DPS) records on all convictions
and deferred adjudications are closed.  Because they are not available at
DPS, some citizens believe that these records are closed to them.  In
actuality, these records are a matter of open public record in the
counties and are available for use by the public.  H.B. 1176 would create
a database composed of open records already available to the public. 
 
PURPOSE

As proposed, H.B. 1176 outlines provisions regarding public access to
conviction and deferred adjudication information and to certain sex
offender registration information maintained by the Department of Public
Safety. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Department of Public Safety under
SECTION 2 (Section 411.135, Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 411.088, Government Code, to authorize the
Department of Public Safety (DPS) to charge a person that is not primarily
a criminal justice agency a fee for processing inquiries for criminal
history record information and information described as public information
under Section 5, Article 6252-13c.1, V.T.C.S.  Sets forth fees DPS is
authorized to charge.  Makes conforming changes. 

SECTION 2. Amends Chapter 411F, Government Code, by adding Section
411.135, as follows: 

Sec. 411.135. ACCESS TO CERTAIN INFORMATION BY PUBLIC.  Sets forth
information any person is entitled to obtain from DPS.  Requires DPS, by
rule, to design and implement a system to respond to electronic inquiries
and other inquiries for information described by Subsection (a).
Authorizes any person who obtains information from DPS to use the
information for any purpose or release the information to any other
person. 

SECTION 3. Requires DPS to implement a system described by Section
411.135, Government Code, as added by this Act, no later than January 1,
1998. 

SECTION 4. Effective date: September 1, 1997.

SECTION 5. Emergency clause.