1-1     By:  Grusendorf, Dukes (Senate Sponsor - Shapiro)     H.B. No. 1432
 1-2           (In the Senate - Received from the House April 23, 1999;
 1-3     April 26, 1999, read first time and referred to Committee on
 1-4     Criminal Justice; May 14, 1999, reported favorably by the following
 1-5     vote:  Yeas 7, Nays 0; May 14, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the authority of the Texas Department of Public Safety
 1-9     to charge a fee for processing certain inquiries for certain sex
1-10     offender registration information.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Section 411.001, Government Code, is amended by
1-13     adding Subdivision (4) to read as follows:
1-14                 (4)  "Internet" means the largest nonproprietary
1-15     nonprofit cooperative public computer network, popularly known as
1-16     the Internet.
1-17           SECTION 2.  Section 411.088, Government Code, is amended to
1-18     read as follows:
1-19           Sec. 411.088.  FEES.  (a)  The department may charge a person
1-20     that is not primarily a criminal justice agency a fee for
1-21     processing inquiries for criminal history record information [and
1-22     information described as public information under Section 5,
1-23     Article 6252-13c.1, Revised Statutes].  The department may charge:
1-24                 (1)  a fee of $10 for each inquiry for criminal history
1-25     record information [or information described as public information]
1-26     on a person that is processed only on the basis of the person's
1-27     name, unless the inquiry is submitted electronically or by magnetic
1-28     media, in which event the fee is $1;
1-29                 (2)  a fee of $15 for each inquiry for criminal history
1-30     record information [or information described as public information]
1-31     on a person that is processed on the basis of a fingerprint
1-32     comparison search; and
1-33                 (3)  except as provided by Subsection (b), actual costs
1-34     for processing all other information inquiries.
1-35           (b)  The department may not charge for processing an
1-36     electronic inquiry for information described as public information
1-37     under Article 62.08, Code of Criminal Procedure, made through the
1-38     use of the Internet.
1-39           SECTION 3.  The importance of this legislation and the
1-40     crowded condition of the calendars in both houses create an
1-41     emergency and an imperative public necessity that the
1-42     constitutional rule requiring bills to be read on three several
1-43     days in each house be suspended, and this rule is hereby suspended,
1-44     and that this Act take effect and be in force from and after its
1-45     passage, and it is so enacted.
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