1-1 AN ACT
1-2 relating to access to criminal history record information by a
1-3 municipality for certain background checks.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 411.129(a), Government Code, is amended
1-6 to read as follows:
1-7 (a) Except as provided by Subsection (b), a municipality is
1-8 entitled to obtain from the department criminal history record
1-9 information maintained by the department that relates to a person
1-10 who is an applicant for employment by the municipality. Not later
1-11 than September 1, 2000, the department shall make available through
1-12 electronic means the information available to municipalities under
1-13 this section.
1-14 SECTION 2. Section 411.088, Government Code, is amended to
1-15 read as follows:
1-16 Sec. 411.088. FEES. (a) The department may charge a person
1-17 that is not primarily a criminal justice agency a fee for
1-18 processing inquiries for criminal history record information and
1-19 information described as public information under Section 5,
1-20 Article 6252-13c.1, Revised Statutes. The department may charge:
1-21 (1) a fee of $10 for each inquiry for criminal history
1-22 record information or information described as public information
1-23 on a person that is processed only on the basis of the person's
1-24 name, unless the inquiry is submitted electronically or by magnetic
2-1 media, in which event the fee is $1;
2-2 (2) a fee of $15 for each inquiry for criminal history
2-3 record information or information described as public information
2-4 on a person that is processed on the basis of a fingerprint
2-5 comparison search; and
2-6 (3) actual costs for processing all other information
2-7 inquiries.
2-8 (b) The fee a municipality pays under Subsection (a)(1) for
2-9 an inquiry submitted electronically or by magnetic media may be
2-10 used to allow the department to make the information available
2-11 through electronic means under Section 411.129.
2-12 SECTION 3. The importance of this legislation and the
2-13 crowded condition of the calendars in both houses create an
2-14 emergency and an imperative public necessity that the
2-15 constitutional rule requiring bills to be read on three several
2-16 days in each house be suspended, and this rule is hereby suspended,
2-17 and that this Act take effect and be in force from and after its
2-18 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2925 was passed by the House on April
23, 1999, by the following vote: Yeas 141, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2925 on May 19, 1999, by the following vote: Yeas 143, Nays 0,
2 present, not voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2925 was passed by the Senate, with
amendments, on May 17, 1999, by the following vote: Yeas 30, Nays
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor