JWW C.S.H.B. 2406 75(R)BILL ANALYSIS


PUBLIC SAFETY
C.S.H.B. 2406
By: Hochberg
4-16-97
Committee Report (Substituted)



BACKGROUND 

Certain agencies are required by law, Article 60.061of the Code of
Criminal Procedures, to provide the Department of Public Safety with
certain information about the persons that it licenses every month for a
criminal search.  The cost of this search was set at $1 per search by the
Department of Public Safety.   

PURPOSE

This bill will change the time period that certain agencies must provide
the Department of Public Safety with information about its licensees for
criminal searches from once a month to not more than quarterly, and to
change the amount of money that the department may charge for this
inquiry. 

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 Amends Article 60.061, Code of Criminal Procedure.
  
  (a)  The agencies listed in this section are required to provide to the
Department of   Public Safety, information regarding each person licensed
by that agency.  The   information is required at least annually, but not
more than quarterly.  
  
  (b)  Removes "at least monthly."
  
  Adds Subsection (c), allowing the agencies to set up a schedule for
which the   information in Subsection (a) be submitted. 
  
  Adds Subsection (d), stopping the Department of Public Safety from
charging a   fee in excess of the direct cost incurred by the department
to the agencies     providing the information. 
  
  The original Subsection (c) is now Subsection (e).

SECTION 2 Effective Date: September 1, 1997.

SECTION 3 Emergency Clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 1 Article 60.061(a), Code of Criminal Procedure, replaces "may,
not more than   quarterly," with "shall at least annually, but not more
than quarterly,".