JWW H.B. 1176 75(R)BILL ANALYSIS


PUBLIC SAFETY
H.B. 1176
By: Allen
4-7-97
Committee Report (Unamended)



BACKGROUND 

Currently, Department of Public Safety records on all convictions and
deferred adjudications are closed due to an outdated and cumbersome
process.   Due to the fact the they are not available at DPS, some Texans
believe that these records are closed.  When in fact, these records are a
matter of open public record in the counties and are available for use by
the public. 

PURPOSE

This bill will create a database, known as the Crime Records
Clearinghouse, comprised of open records already available to the public. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1 Section 411.088, Government Code, is amended by adding public
information under Section 5, Article 625-13c.1, Revised Statutes, to the
items that   a processing fee may be charged to a person who is not
primarily a criminal   justice agency. 
  
  (1) Adds public information to the items that a $10 fee will be charged
to in a   search for a person's name, unless that request is send
electronically or     magnetically.  Then the fee is $1. 
  
  (2) Adds public information to the items that a $15 fee will be charged
to conduct   a search by fingerprint comparison. 

SECTION 2 Amends Subchapter F, Chapter 411, Government Code, by adding
Section   411.135.  ACCESS TO CERTAIN INFORMATION BY PUBLIC.   

  (a) Any person is entitled to obtain from the department:
  
  (1) Public information under Section 5, Article 625-13c.1, Revised
Statutes. 
  
  (2) Criminal history information maintained by the department that is a
court   record of a public judicial proceeding relating to conviction of a
person for a   criminal offense or a grant of deferred adjudication to a
person charged with a   felony offense. 
  
  (b) The department by rule shall design and implement a system to
respond to   electronic and other inquires for information described under
Subsection (a). 
  
  (c) A person who obtains information from the department under
Subsection (a)   may use the information for any purpose and may release
the information to any   other person. 

SECTION 3  DPS shall implement the system in Section 411.135 , Government
Code, as added   no later than January 1, 1998. 

SECTION 4 Effective Date: September 1, 1997.

SECTION 5. Emergency Clause.