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


Currently, criminal background checks are made by the Texas Department of
Public Safety (DPS) on applicants for a license to carry a concealed weapon
in Texas.  DPS is authorized to collect a reasonable fee to cover the costs
of these criminal background checks.  One of the eligibility criteria
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 is not included in the criminal
information available to DPS and must be obtained from the county clerk's
office.  Under current law, no provision is made for the recovery of costs
to the county clerk for making 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 five 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 include
Subdivision (3), authorizing the county clerk to set and collect a fee of
not more than $5  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, 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.  Requires the license applicant to pay the fee.
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.