HBA-DMD H.B. 3196 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3196
By: Reyna, Arthur
Public Safety
4/15/1999
Introduced



BACKGROUND AND PURPOSE 

Since adoption of the Brady Bill, background checks are performed for
persons who purchase firearms. These background checks now look for
dispositions as well as arrest records. Initially, the Federal Bureau of
Investigation (FBI) received this information through the Department of
Public Safety (department), however, currently the department has directed
the FBI to contact counties in order to research the disposition records of
persons. This can prove to be a cumbersome process for the FBI, since there
are 254 counties in Texas, and costly for the counties. Under current law,
the clerk of the court is required to report all dispositions to the
department.  

H.B. 3196 requires the department, upon request from a county, state or
federal agency that requires criminal history information, to provide the
requested information, from the criminal justice information system. This
bill also prohibits the department from charging a county, state or federal
agency a fee for providing the information. 

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 Chapter 60.08, Code of Criminal Procedure, by adding
Subsection (f), to require the Department of Public Safety (department),
upon request from a county, state or federal agency that requires criminal
history information, to provide the requested information, from the
criminal justice information system. Prohibits the department from charging
a county, state or federal agency a fee for providing the information.  

SECTION 2.Effective date: September 1, 1999. 

SECTION 3.Emergency clause.