SRC-JBJ C.S.H.B. 2925 76(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 2925
By: Bonnen (Brown)
Criminal Justice
5/7/1999
Committee Report (Substituted)


DIGEST 

Currently, state law does not allow a municipal employer to use its own
police department to perform a criminal background check on an applicant
who is applying for a municipal position.  Cities must request this
information through the Department of Public Safety (DPS), by mail or by
Internet. However, DPS charges a fee for the request and the process of
submitting a request and receiving a response by mail may be slow.
C.S.H.B. 2925 would entitle a municipality to obtain from the DPS the
information by a certain date and provide provisions to pay for the fee. 

PURPOSE

As proposed, C.S.H.B. 2925 authorizes a municipality to obtain certain
criminal history information. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 411.129(a), Government Code, to require the
Department of Public Safety (DPS) to make available through electronic
means the information available to municipalities under this section, not
later than September 1, 2000. 

SECTION 2.  Amends Section 411.088, Government Code, by adding Subsection
(b), to authorize a the fee a municipality pays under Subsection (a)(1) for
an inquiry submitted electronically or by magnetic media to be used to
allow DPS to make the information available through electronic means under
Section 411.129. 

SECTION 3.Emergency clause.
  Effective date: upon passage.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 411.129(a), Government Code, to delete language authorizing
a municipality to access criminal history information from certain law
enforcement agencies of the municipalities.  Adds a provision that requires
the DPS to make available certain information. 

SECTION 2.  

Adds proposed Section 411.088(b), Government Code, to require certain fees
to be used to obtain information under Section 411.129. 

 Redesignates SECTION 2 as SECTION 3.