1-1 AN ACT
1-2 relating to allowing a county clerk to impose a fee for certain
1-3 background checks.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 118.011(b), Local Government Code, is
1-6 amended to read as follows:
1-7 (b) The county clerk may set and collect the following fee
1-8 from any person:
1-9 (1) Returned Check (Sec. 118.0215) ........ not less
1-10 than $15 or more than $25
1-11 (2) Records Management and Preservation Fee (Sec.
1-12 118.0216) ...................... not more than $5
1-13 (3) Mental Health Background Check for License to
1-14 Carry a Concealed Weapon (Sec. 118.0217) . . . . . . . . not more
1-15 than $2
1-16 SECTION 2. Subchapter B, Chapter 118, Local Government Code,
1-17 is amended by adding Section 118.0217 to read as follows:
1-18 Sec. 118.0217. MENTAL HEALTH BACKGROUND CHECK. (a) The fee
1-19 for a "mental health background check for license to carry a
1-20 concealed weapon" is for a check, conducted by the county clerk at
1-21 the request of the Texas Department of Public Safety, of the county
1-22 records involving the mental condition of a person who applies for
1-23 a license to carry a concealed handgun under Subchapter H, Chapter
1-24 411, Government Code. The fee, not to exceed $2, will be paid from
2-1 the application fee submitted to the Department of Public Safety
2-2 according to Section 411.174(a)(6), Government Code.
2-3 (b) This section and Section 118.011(b)(3) do not affect the
2-4 procedures for access to court records prescribed by Section
2-5 571.015, Health and Safety Code.
2-6 SECTION 3. The importance of this legislation and the
2-7 crowded condition of the calendars in both houses create an
2-8 emergency and an imperative public necessity that the
2-9 constitutional rule requiring bills to be read on three several
2-10 days in each house be suspended, and this rule is hereby suspended,
2-11 and that this Act take effect and be in force from and after its
2-12 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1933 was passed by the House on April
23, 1999, by the following vote: Yeas 141, Nays 0, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 1933 on May 22, 1999, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 1933 on May 30, 1999, by the following vote: Yeas 144,
Nays 0, 1 present, not voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1933 was passed by the Senate, with
amendments, on May 19, 1999, by a viva-voce vote; at the request of
the House, the Senate appointed a conference committee to consider
the differences between the two houses; and that the Senate adopted
the conference committee report on H.B. No. 1933 on May 30, 1999,
by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor