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.
1-46 * * * * *