By: Rodriguez  S.B. No. 1044
         (In the Senate - Filed March 4, 2013; March 12, 2013, read
  first time and referred to Committee on Criminal Justice;
  April 18, 2013, reported favorably by the following vote:  Yeas 6,
  Nays 0; April 18, 2013, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to access to criminal history record information by a
  public defender's office and the office of capital writs and to an
  exemption for those offices from fees imposed for processing
  inquiries for that information.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 411.082, Government Code, is amended by
  adding Subdivisions (5) and (6) to read as follows:
               (5)  "Office of capital writs" means the office of
  capital writs established under Subchapter B, Chapter 78.
               (6)  "Public defender's office" has the meaning
  assigned by Article 26.044(a), Code of Criminal Procedure.
         SECTION 2.  Section 411.088, Government Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  Except as otherwise provided by Subsection (a-1), the
  [The] department may charge a person [that is not primarily a
  criminal justice agency] a fee for processing inquiries for
  criminal history record information.  The department may charge:
               (1)  a fee of $10 for each inquiry for criminal history
  record information on a person that is processed only on the basis
  of the person's name, unless the inquiry is submitted
  electronically or by magnetic media, in which event the fee is $1;
               (2)  a fee of $15 for each inquiry for criminal history
  record information on a person that is processed on the basis of a
  fingerprint comparison search; and
               (3)  except as provided by Subsection (b), actual costs
  for processing all other information inquiries.
         (a-1)  The department may not charge a fee under Subsection
  (a) for providing criminal history record information to:
               (1)  a criminal justice agency;
               (2)  the office of capital writs; or
               (3)  a public defender's office.
         SECTION 3.  Subchapter F, Chapter 411, Government Code, is
  amended by adding Section 411.1272 to read as follows:
         Sec. 411.1272.  ACCESS TO CRIMINAL HISTORY RECORD
  INFORMATION:  OFFICE OF CAPITAL WRITS AND PUBLIC DEFENDER'S
  OFFICES. The office of capital writs and a public defender's office
  are entitled to obtain from the department criminal history record
  information maintained by the department that relates to a criminal
  case in which an attorney compensated by the office of capital writs
  or by the public defender's office has been appointed.
         SECTION 4.  This Act takes effect September 1, 2013.
 
  * * * * *