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## Mate ofQexae DAN MORALES ATTORNEY GNERAL January 13, 1995 Honorable W.Keith Oakley Opinion No. DM-315 Chair Committee onPublic Safety Re: Interpretation of section 80.001 of the Texas House ofRepresentatives Human Resources Code, which concems the P.O. Box 2910 duty of local law enforcement officials to Austin, Texas 78768-2910 perform fingerprinting services (RQ-718)
Dear Representative Oakley: You ask this office to interpret section 80.001 of the Human Resources Code, which concerns the duty of local law enforcement officials to perform fingerprinting 

### RNiCeS. Section 80.001 reads: (a) A state law enforcement agency or the law en8orcement agency of any political subdivision ofthe state shah comply with the request of a person to have a record of his fingerprints made or a record ofthe fingerprints ofachild orward ofthe person made. (b) A law enforcement agency may not charge for the service provided under this section andmaynot retain records offingerprints made under this section unless specifically requested to do so by the person requesting the service. You note that some Texas law enforcement agencies are either re.&singto provide such service or charging a fee for it, apparently taking the view that, as you put it, “rhe statute did not intend for local law enforcement officers to do free fingerprinting for anyone except children.” Accordingly, you ask three questions: first, whether a local law enforcement agency may refuse to provide fingerprinting services on request; second, whether it may charge for such services; and third, whether it may impose conditions (other than providing the service during normal business hours when staE is available) on providing such services. We believe that the plain language ofthe statute addresses your concerns. As to your first question, alocal law enforcement agency isrequired to perform the senice, and maynot refuse to do so. Section 80.001(a) provides that the agency “shall comply” with a request for this service. The language used bythe legislature ismandatory, not precatory. BLACK’S

LAWDICTIONARY

1375 (6th ed. 1990) (“As used in statutes, contracts, or the like, this word is generally imperative or mandatory[;] [i]n common or ordinary

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signiiication, the term “shall” is a word of command, and one which has always or which mustbegivenaannpulsory meaning asdenoting obligation”). Similar& the knguage of section 80.001@) plainly answers your second question. An agency “may not charge for the service provided under this se&on.” Nothing in the provision suggests that this sedcc isto beprovided he ofcharge only to chikn. Such a~wwldreadarthe~“tohwearecordofhistingerp~smade”auplusaee. See Chewon Cap. v.Redmm, 745 S.W.2d 314,316 (Tex. 1987) @amtory kguage not tobetrutedassurplusage). Nordoesurythinginthestatutepamitalocal~enforcemartsgencytoimposc additional conditions on the perfom~~~~ ofthis service. The law imposes a duty on local law enforcement agencies which they must discharge without fee orrestriction. 

### SUMMARY Section 80.001 ofthe Human Resource$ Code obliges state and local law etSxcement agencies to provide free fingeqkting services to the public upon request and without additional wllditio&~

DAN MORALES Attorney Gearal ofTexas JORGE VEGA First Assistant Attorney General
SARAH J. SHIRLEY Chair, Gpiion Committee Prepared by JamesTourtelott Assistant Attorney General

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