BILL ANALYSIS

H.B. 1989

By: Cook

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Currently, district clerks may charge a fee when providing a copy of any document on file or of record in the district clerk's office. Law enforcement officials report that data sharing across state lines is critical to the prosecution of criminal defendants who commit crimes across the country and these clerk records may reveal past criminal convictions at trial. District clerk fees are already waived for U.S. Immigration and Customs Enforcement (ICE) and U.S. Citizenship and Immigration Services. In an effort to strengthen the criminal justice system and promote public safety, H.B. 1989 seeks to waive district clerk fees for an out-of-state criminal justice agency that requests a document for a criminal justice purpose. This change would come at what the Tarrant County district clerk indicates would be a nominal cost.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 1989 amends the Government Code to prohibit a district clerk from charging a fee for a copy of any document on file or of record in the clerk's office relating to an individual's criminal history, regardless of whether the document is certified, to a criminal justice agency that requests the document for a criminal justice purpose, including determination of an individual's eligibility to purchase a firearm. The bill defines "criminal justice agency" and “criminal justice purpose” by reference as follows:

·         "criminal justice agency" means:

o   a federal or state agency that is engaged in the administration of criminal justice under a statute or executive order and that allocates a substantial portion of its annual budget to the administration of criminal justice; or

o   a nongovernmental railroad or campus police department that has obtained an originating agency identifier from the FBI; and

·         "criminal justice purpose" means an activity that is included in the administration of criminal justice or screening of applicants for employment with a criminal justice agency.

These provisions apply only to a fee for a copy of a court document requested on or after the bill's effective date.

EFFECTIVE DATE

September 1, 2023.