1-1 By: Bonnen (Senate Sponsor - Brown) H.B. No. 2925 1-2 (In the Senate - Received from the House April 26, 1999; 1-3 April 27, 1999, read first time and referred to Committee on 1-4 Criminal Justice; May 10, 1999, reported adversely, with favorable 1-5 Committee Substitute by the following vote: Yeas 7, Nays 0; 1-6 May 10, 1999, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 2925 By: Armbrister 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to access to criminal history record information by a 1-11 municipality for certain background checks. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Section 411.129(a), Government Code, is amended 1-14 to read as follows: 1-15 (a) Except as provided by Subsection (b), a municipality is 1-16 entitled to obtain from the department criminal history record 1-17 information maintained by the department that relates to a person 1-18 who is an applicant for employment by the municipality. Not later 1-19 than September 1, 2000, the department shall make available through 1-20 electronic means the information available to municipalities under 1-21 this section. 1-22 SECTION 2. Section 411.088, Government Code, is amended to 1-23 read as follows: 1-24 Sec. 411.088. FEES. (a) The department may charge a person 1-25 that is not primarily a criminal justice agency a fee for 1-26 processing inquiries for criminal history record information and 1-27 information described as public information under Section 5, 1-28 Article 6252-13c.1, Revised Statutes. The department may charge: 1-29 (1) a fee of $10 for each inquiry for criminal history 1-30 record information or information described as public information 1-31 on a person that is processed only on the basis of the person's 1-32 name, unless the inquiry is submitted electronically or by magnetic 1-33 media, in which event the fee is $1; 1-34 (2) a fee of $15 for each inquiry for criminal history 1-35 record information or information described as public information 1-36 on a person that is processed on the basis of a fingerprint 1-37 comparison search; and 1-38 (3) actual costs for processing all other information 1-39 inquiries. 1-40 (b) The fee a municipality pays under Subsection (a)(1) for 1-41 an inquiry submitted electronically or by magnetic media may be 1-42 used to allow the department to make the information available 1-43 through electronic means under Section 411.129. 1-44 SECTION 3. The importance of this legislation and the 1-45 crowded condition of the calendars in both houses create an 1-46 emergency and an imperative public necessity that the 1-47 constitutional rule requiring bills to be read on three several 1-48 days in each house be suspended, and this rule is hereby suspended, 1-49 and that this Act take effect and be in force from and after its 1-50 passage, and it is so enacted. 1-51 * * * * *