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.
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