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Currently, Department of Public Safety records on all convictions and deferred adjudications are closed due to an outdated and cumbersome process.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.