BILL ANALYSIS

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

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.

H.B. 1989 amends current law relating to the fees assessed by a district clerk for copies of certain court documents.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 51.318, Government code, by amending Subsection (e) and adding Subsection (f), as follows:

(e) Prohibits the 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 a request to determine an individual's eligibility to purchase a firearm. Makes nonsubstantive changes.

(f) Defines "criminal justice agency" and "criminal justice purpose."

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 2023.