1-1 AN ACT
1-2 relating to the authority of the Texas Department of Public Safety
1-3 to charge a fee for processing certain inquiries for certain sex
1-4 offender registration information.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 411.001, Government Code, is amended by
1-7 adding Subdivision (4) to read as follows:
1-8 (4) "Internet" means the largest nonproprietary
1-9 nonprofit cooperative public computer network, popularly known as
1-10 the Internet.
1-11 SECTION 2. Section 411.088, Government Code, is amended to
1-12 read as follows:
1-13 Sec. 411.088. FEES. (a) The department may charge a person
1-14 that is not primarily a criminal justice agency a fee for
1-15 processing inquiries for criminal history record information [
1-16 information described as public information under Section 5,
1-17 Article 6252-13c.1, Revised Statutes]. The department may charge:
1-18 (1) a fee of $10 for each inquiry for criminal history
1-19 record information [ or information described as public information]
1-20 on a person that is processed only on the basis of the person's
1-21 name, unless the inquiry is submitted electronically or by magnetic
1-22 media, in which event the fee is $1;
1-23 (2) a fee of $15 for each inquiry for criminal history
1-24 record information [ or information described as public information]
2-1 on a person that is processed on the basis of a fingerprint
2-2 comparison search; and
2-3 (3) except as provided by Subsection (b), actual costs
2-4 for processing all other information inquiries.
2-5 (b) The department may not charge for processing an
2-6 electronic inquiry for information described as public information
2-7 under Article 62.08, Code of Criminal Procedure, made through the
2-8 use of the Internet.
2-9 SECTION 3. The importance of this legislation and the
2-10 crowded condition of the calendars in both houses create an
2-11 emergency and an imperative public necessity that the
2-12 constitutional rule requiring bills to be read on three several
2-13 days in each house be suspended, and this rule is hereby suspended,
2-14 and that this Act take effect and be in force from and after its
2-15 passage, and it is so enacted.
President of the Senate Speaker of the House
I certify that H.B. No. 1432 was passed by the House on April
22, 1999, by the following vote: Yeas 143, Nays 0, 1 present, not
Chief Clerk of the House
I certify that H.B. No. 1432 was passed by the Senate on May
26, 1999, by the following vote: Yeas 30, Nays 0.
Secretary of the Senate