Office of House Bill AnalysisH.B. 1933
By: Lewis, Glenn
County Affairs


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

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. 


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 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.