HBA-MPA, GUM H.B. 2925 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2925
By: Bonnen
Urban Affairs
7/12/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, the law did not allow a municipal employer
to use its own police department to perform a criminal background check on
an applicant who was applying for a municipal position.  Cities were
required to request this information through the Department of Public
Safety, by mail or the Internet.  A fee was charged for such a request and
the process of submitting a request and receiving a response by mail could
be slow.  H.B. 2925 requires the Department of Public Safety to make
available to municipalities by electronic means the criminal history record
information regarding an applicant for municipal employment. 

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 411.129(a), Government Code, to require the
Department of Public Safety (DPS) to make available to municipalities by
electronic means the criminal history record information regarding an
applicant for municipal employment. 

SECTION 2. Amends Section 411.088, Government Code, to create Subsection
(a) from existing text and add Subsection (b), to authorize the fee a
municipality pays under Subsection (a)(1) (concerning criminal history
record inquiries) for an inquiry submitted  electronically or by magnetic
media to allow DPS to make the information available through electronic
means. 

SECTION 3.  Emergency clause.
  Effective date: upon passage.