HBA-MPA, NLM H.B. 1933 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 1933 By: Lewis, Glenn County Affairs 7/13/1999 Enrolled BACKGROUND AND PURPOSE Prior to the 76th Legislature, criminal background checks were conducted by the Texas Department of Public Safety (DPS) on applicants for a license to carry a concealed weapon in Texas. DPS was authorized to collect a reasonable fee to cover the costs of these criminal background checks. One of the eligibility criteria for a license relates to the mental health of the applicant, who must not have been involuntarily committed to a mental health facility for treatment within the last five years. This information was not included in the criminal information available to DPS and had to be obtained from the county clerk's office. No provision was made for the recovery of costs to the county clerk for performing these background checks. H.B. 1933 authorizes a county clerk to impose a fee for conducting a mental health background check that is required in order for an applicant to receive a license to carry a concealed handgun. This bill provides that the fee imposed is not to exceed two dollars. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 118.011(b), Local Government Code, to add Subdivision (3), authorizing the county clerk to set and collect a fee of not more than $2 to conduct a mental health background check for a license to carry a concealed weapon (Sec. 118.0217). SECTION 2. Amends Subchapter B, Chapter 118, Local Government Code, by adding Section 118.0217, as follows: Sec. 118.0217. MENTAL HEALTH BACKGROUND CHECK. Provides that the fee for a "mental health background check for license to carry a concealed weapon" is for a check, conducted by the county clerk at the request of the Texas Department of Public Safety (DPS), of the county records involving the mental condition of a person who applies for a license to carry a concealed handgun under Subchapter H (License to Carry a Concealed Handgun), Chapter 411, Government Code. Provides that the fee, not to exceed $2, be paid from the application fee paid to DPS under Section 411.174(a)(6) (concerning the nonrefundable $140 concealed weapon permit application and license fee), Government Code. Provides that this section and Section 118.011(b)(3) do not affect the procedures for access to court records prescribed by Section 571.015 (Inspection of Court Records), Health and Safety Code. SECTION 3. Emergency clause. Effective date: upon passage.