By: Counts H.B. No. 1238
73R872 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and operation of the Department of
1-3 Public Safety, to the access that entities have to criminal history
1-4 record information maintained by the department and certain other
1-5 criminal justice agencies, and to the transfer of responsibility
1-6 for law enforcement on the Capitol Complex from the General
1-7 Services Commission to the Department of Public Safety; providing
1-8 penalties.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 411.002(c), Government Code, is amended
1-11 to read as follows:
1-12 (c) The Department of Public Safety of the State of Texas is
1-13 subject to Chapter 325 (Texas Sunset Act). Unless continued in
1-14 existence as provided by that chapter, the department is abolished
1-15 and Subsections (a) and (b) expire September 1, 2005 <1993>.
1-16 SECTION 2. Section 411.003, Government Code, is amended by
1-17 amending Subsections (b), (c), and (d) and adding Subsection (f) to
1-18 read as follows:
1-19 (b) The commission is composed of six <three> citizens of
1-20 this state appointed by the governor with the advice and consent of
1-21 the senate. Members must be selected because of their peculiar
1-22 qualifications for the position. Appointments to the commission
1-23 shall be made without regard to race, color, disability, sex,
1-24 religion, age, or national origin. In making an appointment the
2-1 governor shall consider, among other things, the person's knowledge
2-2 of laws, experience in the enforcement of law, honesty, integrity,
2-3 education, training, and executive ability.
2-4 (c) Members serve staggered six-year terms with the term of
2-5 two members <one member> expiring January 1 of each even-numbered
2-6 year.
2-7 (d) The governor shall designate one member of the
2-8 commission as chairman of the commission to serve in that capacity
2-9 at the pleasure of the governor <The commission annually shall
2-10 elect a member to serve as chairman>. The commission shall meet at
2-11 the times and places specified by commission rule or at the call of
2-12 the chairman or any two members.
2-13 (f) The commission shall develop and implement policies that
2-14 provide the public with a reasonable opportunity to appear before
2-15 the commission and to speak on any issue under the jurisdiction of
2-16 the commission.
2-17 SECTION 3. Section 411.004, Government Code, is amended to
2-18 read as follows:
2-19 Sec. 411.004. DUTIES AND POWERS OF COMMISSION. The
2-20 commission shall:
2-21 (1) formulate plans and policies for:
2-22 (A) enforcement of state criminal, traffic, and
2-23 safety laws;
2-24 (B) prevention of crime;
2-25 (C) detection and apprehension of persons who
2-26 violate laws; and
2-27 (D) education of citizens of this state in the
3-1 promotion of public safety and the observance of law;
3-2 (2) organize the department and supervise its
3-3 operation;
3-4 (3) adopt rules considered necessary for carrying out
3-5 the department's work;
3-6 (4) maintain records of all proceedings and official
3-7 orders; <and>
3-8 (5) biennially submit a report of its work to the
3-9 governor and legislature, including the commission's and director's
3-10 recommendations; and
3-11 (6) provide to its members, as often as necessary,
3-12 information regarding their qualifications for office under this
3-13 chapter and their responsibilities under applicable laws relating
3-14 to standards of conduct for state officers.
3-15 SECTION 4. Subchapter A, Chapter 411, Government Code, is
3-16 amended by adding Section 411.0035 to read as follows:
3-17 Sec. 411.0035. MEMBER AND GENERAL COUNSEL RESTRICTION. A
3-18 person may not serve as a member of the commission or act as the
3-19 general counsel to the commission if the person is required to
3-20 register as a lobbyist under Chapter 305 because of the person's
3-21 activities for compensation on behalf of a profession related to
3-22 the operation of the commission.
3-23 SECTION 5. Subchapter A, Chapter 411, Government Code, is
3-24 amended by adding Section 411.0036 to read as follows:
3-25 Sec. 411.0036. REMOVAL OF COMMISSION MEMBER. (a) It is a
3-26 ground for removal from the commission if a member:
3-27 (1) does not have at the time of appointment the
4-1 qualifications required by Section 411.003;
4-2 (2) does not maintain during service on the
4-3 commission the qualifications required by Section 411.003;
4-4 (3) violates a prohibition established by Section
4-5 411.0035;
4-6 (4) cannot discharge the member's duties for a
4-7 substantial part of the term for which the member is appointed
4-8 because of illness or disability; or
4-9 (5) is absent from more than half of the regularly
4-10 scheduled commission meetings that the member is eligible to attend
4-11 during a calendar year unless the absence is excused by majority
4-12 vote of the commission.
4-13 (b) The validity of an action of the commission is not
4-14 affected by the fact that it is taken when a ground for removal of
4-15 a commission member exists.
4-16 (c) If the director has knowledge that a potential ground
4-17 for removal exists, the director shall notify the chairman of the
4-18 commission of the ground. The chairman shall then notify the
4-19 governor that a potential ground for removal exists.
4-20 SECTION 6. Subchapter A, Chapter 411, Government Code, is
4-21 amended by adding Section 411.0075 to read as follows:
4-22 Sec. 411.0075. PERSONNEL POLICIES. (a) The director or the
4-23 director's designee shall develop an intra-agency career ladder
4-24 program. The program shall require intra-agency postings of all
4-25 nonentry level positions concurrently with any public posting.
4-26 (b) The director or the director's designee shall prepare
4-27 and maintain a written policy statement to assure implementation of
5-1 a program of equal employment opportunity under which all personnel
5-2 transactions are made without regard to race, color, disability,
5-3 sex, religion, age, or national origin. The policy statement must
5-4 include:
5-5 (1) personnel policies, including policies related to
5-6 recruitment, evaluation, selection, appointment, training, and
5-7 promotion of personnel;
5-8 (2) a comprehensive analysis of the department work
5-9 force that meets federal and state guidelines;
5-10 (3) procedures by which a determination can be made of
5-11 significant underuse in the department work force of all persons
5-12 for whom federal or state guidelines encourage a more equitable
5-13 balance; and
5-14 (4) reasonable methods to appropriately address those
5-15 areas of significant underuse.
5-16 (c) A policy statement prepared under Subsection (b) of this
5-17 section must cover an annual period, be updated at least annually,
5-18 and be filed with the governor's office.
5-19 (d) The governor's office shall deliver a biennial report to
5-20 the legislature based on the information received under Subsection
5-21 (c) of this section. The report may be made separately or as a
5-22 part of other biennial reports made to the legislature.
5-23 SECTION 7. Subchapter A, Chapter 411, Government Code, is
5-24 amended by adding Section 411.0091 to read as follows:
5-25 Sec. 411.0091. COST TRACKING SYSTEM; REPORT TO LEGISLATURE.
5-26 The department shall develop and implement a cost tracking system
5-27 to compute the cost to the department of providing services to
6-1 other law enforcement agencies and criminal justice agencies. Not
6-2 later than January 1 of each odd-numbered year following the first
6-3 complete calendar year in which the department's cost tracking
6-4 system is implemented, the commission shall submit a biennial
6-5 report to the legislature regarding the nature and cost of services
6-6 provided by the department to other law enforcement agencies and
6-7 criminal justice agencies and any findings and recommendations
6-8 relating to providing the services and recovering the costs.
6-9 SECTION 8. Subchapter A, Chapter 411, Government Code, is
6-10 amended by adding Section 411.0095 to read as follows:
6-11 Sec. 411.0095. MEMORANDUM OF UNDERSTANDING WITH CRIMINAL
6-12 JUSTICE DIVISION OF THE OFFICE OF THE GOVERNOR. (a) The
6-13 department and the office of the governor, criminal justice
6-14 division, by rule shall adopt a joint memorandum of understanding
6-15 on coordinating the drug law enforcement efforts of the department
6-16 and the criminal justice division.
6-17 (b) The memorandum of understanding shall:
6-18 (1) provide that the department shall advise the
6-19 criminal justice division about the statewide drug policy planning
6-20 efforts of the division;
6-21 (2) provide for representation by the department on
6-22 any advisory board advising the governor about drug policy;
6-23 (3) require the criminal justice division and the
6-24 department to define their respective roles relating to drug task
6-25 forces;
6-26 (4) require the criminal justice division and the
6-27 department to jointly determine the areas of law enforcement focus
7-1 for drug task force efforts; and
7-2 (5) require the criminal justice division and the
7-3 department to jointly develop guidelines and procedures to govern
7-4 drug task force operations that are funded by the state.
7-5 (c) The criminal justice division and the department shall
7-6 update and revise the memorandum of understanding as necessary and
7-7 by rule adopt all revisions to the memorandum.
7-8 (d) The criminal justice division shall prepare the initial
7-9 draft of the memorandum of understanding not later than January 1,
7-10 1994. This subsection expires January 2, 1994.
7-11 SECTION 9. Section 411.013, Government Code, is amended by
7-12 adding Subsection (d) to read as follows:
7-13 (d) The department shall file annually with the governor and
7-14 the presiding officer of each house of the legislature a complete
7-15 and detailed written report accounting for all funds received and
7-16 disbursed by the commission during the preceding fiscal year. The
7-17 annual report must be in the form and reported in the time provided
7-18 by the General Appropriations Act.
7-19 SECTION 10. Subchapter A, Chapter 411, Government Code, is
7-20 amended by adding Section 411.0195 to read as follows:
7-21 Sec. 411.0195. PUBLIC COMPLAINTS. (a) The department shall
7-22 prepare information of public interest describing the functions of
7-23 the department and the department's procedures by which complaints
7-24 are filed with and resolved by the department. The department
7-25 shall make the information available to the public and appropriate
7-26 state agencies.
7-27 (b) The director by rule shall establish methods by which
8-1 consumers and service recipients are notified of the name, mailing
8-2 address, and telephone number of the department for the purpose of
8-3 directing complaints to the department.
8-4 (c) The department shall keep an information file about each
8-5 complaint filed with the department that the department has
8-6 authority to resolve.
8-7 (d) If a written complaint is filed with the department that
8-8 the department has authority to resolve, the department, at least
8-9 quarterly and until final disposition of the complaint, shall
8-10 notify the parties to the complaint of the status of the complaint
8-11 unless the notice would jeopardize an undercover investigation.
8-12 SECTION 11. Sections 411.042(d) and (g), Government Code,
8-13 are amended to read as follows:
8-14 (d) The department may charge each person and charge each
8-15 entity or agency that is not primarily a criminal justice agency a
8-16 fee for processing inquiries for <criminal history records and
8-17 other> information that is not criminal history record information
8-18 regarding a person. A person, entity, or agency that receives
8-19 information must be entitled to receive the information under state
8-20 or federal statutes, rules, regulations, or case law. The
8-21 department may charge<:>
8-22 <(1) a fee of $10 for each inquiry for criminal
8-23 history records information on a person that is processed only on
8-24 the basis of the person's name, unless the inquiry is submitted
8-25 electronically or by magnetic media, in which case the fee is $1;>
8-26 <(2) a fee of $15 for each inquiry for criminal
8-27 history records information on a person that is processed on the
9-1 basis of a fingerprint comparison search; and>
9-2 <(3)> actual costs for processing all <other
9-3 information> inquiries under this section.
9-4 (g) The department may adopt reasonable rules under this
9-5 section relating to:
9-6 (1) law enforcement information systems maintained by
9-7 the department; and
9-8 (2) the collection, maintenance, and correction of
9-9 records<;>
9-10 <(3) reports of criminal history information submitted
9-11 to the department;>
9-12 <(4) access to criminal history information maintained
9-13 by the department; and>
9-14 <(5) the type and format of information and the means
9-15 of identification of a requesting person, entity, or agency
9-16 required by the department as a condition of releasing criminal
9-17 history records information>.
9-18 SECTION 12. Chapter 411, Government Code, is amended by
9-19 adding Subchapter E to read as follows:
9-20 SUBCHAPTER E. CAPITOL COMPLEX
9-21 Sec. 411.061. DEFINITION. In this subchapter, "Capitol
9-22 Complex" means property that is:
9-23 (1) located in Austin, Texas, in the area bounded on
9-24 the north by Martin Luther King, Jr., Boulevard, on the east by
9-25 Trinity Street, on the south by 10th Street, and on the west by
9-26 Lavaca Street; and
9-27 (2) owned by or under the control of the state.
10-1 Sec. 411.062. LAW ENFORCEMENT AUTHORITY. (a) The
10-2 department has primary responsibility for law enforcement services
10-3 on the Capitol Complex.
10-4 (b) Subsection (a) does not prohibit the department from
10-5 requesting or receiving assistance from another law enforcement
10-6 agency.
10-7 (c) This section does not prohibit a peace officer who is
10-8 not a member of the department from exercising the officer's
10-9 authority on the Capitol Complex in an emergency or in a situation
10-10 where the officer reasonably believes that immediate action is
10-11 necessary.
10-12 Sec. 411.063. RULES RELATING TO PARKING AND VEHICLES. (a)
10-13 The department shall adopt rules for the safe movement and the
10-14 parking of vehicles on the Capitol Complex.
10-15 (b) Rules adopted under this section may:
10-16 (1) regulate the flow and direction of vehicular
10-17 traffic;
10-18 (2) designate, mark, and assign areas and spaces for
10-19 parking for elected state officials, chief executives and employees
10-20 of state agencies located in the Capitol Complex, state-owned
10-21 vehicles, business vehicles, and visitors to the Capitol Complex;
10-22 (3) establish a system of registration for vehicle
10-23 identification;
10-24 (4) prohibit or restrict the use of areas and spaces
10-25 for parking;
10-26 (5) establish a reasonable fee for parking in a
10-27 parking space on a parking lot or in a parking garage that is
11-1 located on the Capitol Complex, other than a space in the Capitol
11-2 driveways; and
11-3 (6) provide for the towing and storing, at the expense
11-4 of the owner, of a vehicle parked in violation of a rule.
11-5 (c) Rules that govern parking in the parking spaces in the
11-6 Capitol driveways and the parking lots and parking garages near the
11-7 Capitol shall provide for:
11-8 (1) assigning and marking reserved parking spaces for
11-9 the unrestricted use of the governor, lieutenant governor, speaker
11-10 of the house, and secretary of state;
11-11 (2) when the legislature is in session, assigning and
11-12 marking reserved parking spaces requested by each house of the
11-13 legislature for the unrestricted use of members and administrative
11-14 staff of the legislature; and
11-15 (3) when the legislature is not in session, assigning
11-16 and marking parking spaces requested by each house for the use of
11-17 members and administrative staff of the legislature.
11-18 (d) The department shall remit to the comptroller for
11-19 deposit to the credit of an account in the general revenue fund to
11-20 be known as the state parking fund any fee collected for the
11-21 parking of a vehicle on the Capitol Complex. Money in the account
11-22 may be appropriated only to the department for the operation,
11-23 maintenance, and improvement of state parking facilities on the
11-24 Capitol Complex.
11-25 Sec. 411.064. ASSISTANCE OF TEXAS DEPARTMENT OF
11-26 TRANSPORTATION OR GENERAL SERVICES COMMISSION. On request of the
11-27 department, the Texas Department of Transportation and the General
12-1 Services Commission shall:
12-2 (1) assist the department in the marking and
12-3 designation of parking lots, parking garages, and parking spaces;
12-4 (2) maintain the painting of lines and curb markings;
12-5 and
12-6 (3) furnish and erect direction and information signs.
12-7 Sec. 411.065. OFFENSES. (a) A person commits an offense if
12-8 the person:
12-9 (1) drives or operates a motor vehicle at a speed
12-10 greater than 15 miles per hour on the Capitol Complex; or
12-11 (2) violates a rule of the department adopted under
12-12 Section 411.063.
12-13 (b) An offense under this section is a Class C misdemeanor.
12-14 Sec. 411.066. JURISDICTION. The municipal court of the
12-15 municipality of Austin and the justice courts of Travis County each
12-16 have concurrent original jurisdiction over an offense under Section
12-17 411.065.
12-18 (Sections 411.067-411.080 reserved for expansion
12-19 SECTION 13. Article 18.20, Code of Criminal Procedure, is
12-20 amended by adding Section 18 to read as follows:
12-21 Sec. 18. This article expires September 1, 2005.
12-22 SECTION 14. Section 16.02, Penal Code, is amended by adding
12-23 Subsection (j) to read as follows:
12-24 (j) This section expires September 1, 2005.
12-25 SECTION 15. The title of Chapter 16, Penal Code, is amended
12-26 to read as follows:
12-27 CHAPTER 16. CRIMINAL INSTRUMENTS AND OFFENSES INVOLVING CERTAIN
13-1 COMMUNICATIONS <INTERCEPTION OF WIRE OR ORAL COMMUNICATION>
13-2 SECTION 16. Section 1, Chapter 587, Acts of the 69th
13-3 Legislature, Regular Session, 1985, is repealed.
13-4 SECTION 17. Section 481.063, Health and Safety Code, is
13-5 amended by adding Subsection (i) to read as follows:
13-6 (i) For good cause shown, the director may probate the
13-7 denial of an application for registration. If a denial of an
13-8 application is probated, the director may require the person to
13-9 report regularly to the department on matters that are the basis of
13-10 the probation, or limit activities of the person to those
13-11 prescribed by the director, or both.
13-12 SECTION 18. Section 4.12, State Purchasing and General
13-13 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
13-14 amended to read as follows:
13-15 Sec. 4.12. OFFICE SPACE FOR DEPARTMENT OF PUBLIC SAFETY
13-16 <PROTECTION OF STATE BUILDINGS AND GROUNDS; REGULATION OF PARKING>.
13-17 <(a) It shall be unlawful for any person to trespass upon the
13-18 grass plots or flowerbeds, or to damage or deface any of the
13-19 buildings, or cut down, deface, mutilate, or otherwise injure any
13-20 of the statues, monuments, memorials, trees, shrubs, grasses, or
13-21 flowers on the grounds or commit any other trespass upon any
13-22 property of the state, real or personal, located on the grounds of
13-23 the state capitol, the governor's mansion, or other property owned
13-24 by the State of Texas known as the capitol complex, in the area
13-25 bounded on the south by Tenth Street, on the north by Martin Luther
13-26 King Boulevard, on the west by Lavaca Street, and on the east by
13-27 Trinity Street in the City of Austin; or on any other state-owned
14-1 property under the charge and control of the commission whether or
14-2 not located in the City of Austin.>
14-3 <(b) It is an offense to park a vehicle in a place other
14-4 than a space marked and designated for parking by the commission or
14-5 to block or impede traffic on the driveways of property owned or
14-6 leased by the state in the area described in Subsection (a) of this
14-7 section. The commission may regulate the flow and direction of
14-8 traffic in the capitol complex and may erect the structures
14-9 necessary to implement this authority.>
14-10 <(c)(1) When the legislature is in session, the commission
14-11 shall assign and mark, for unrestricted use by members and
14-12 administrative staff of the legislature, the reserved parking
14-13 spaces in the capitol complex requested by the respective houses of
14-14 the legislature. A request for parking spaces reserved pursuant to
14-15 this subsection shall be limited to spaces in the capitol driveways
14-16 and the additional spaces in state parking lots proximately located
14-17 to the capitol.>
14-18 <(2) When the legislature is not in session, the
14-19 commission shall, at the request of the respective legislative
14-20 bodies, assign and mark the spaces requested for use by members and
14-21 administrative staff of the legislature, in the areas described in
14-22 Subsection (c)(1) of this section.>
14-23 <(3) The commission shall assign and mark reserved
14-24 parking spaces on the capitol driveways for the governor,
14-25 lieutenant governor, speaker of the house, and secretary of state
14-26 for their unrestricted use.>
14-27 <(4) The commission may assign parking spaces to
15-1 elected state officials and appointed heads of state agencies who
15-2 occupy space in state buildings located within the bounds set forth
15-3 in Subsection (a) of this section.>
15-4 <(5) If spaces are available, the commission shall
15-5 assign parking spaces to handicapped state employees. All
15-6 remaining parking facilities under charge and control of the
15-7 commission in the area described in Subsection (a) of this section
15-8 may be made available by the commission for use by the state
15-9 employees working for agencies housed within that area as pursuant
15-10 to Subsection (c)(7) of this section.>
15-11 <(6) The commission may designate and mark parking
15-12 spaces for state-owned vehicles and visitor and business parking
15-13 within the bounds set forth in Subsection (a) of this section.>
15-14 <(7) The legislature may establish in the General
15-15 Appropriations Act a charge for parking, or may also establish in
15-16 said Act that no charge be made for parking, or both, in any part
15-17 or all of a state-owned or state-leased area located within the
15-18 bounds set forth in Subsection (a) of this section. In each
15-19 biennium such a charge is established, the commission shall collect
15-20 the charge. The legislature may also establish in said Act that
15-21 parking in any part or all of such area be made available by the
15-22 commission on either an open lot parking basis or an individual
15-23 space assignment basis, or both. However, to the extent the
15-24 legislature does not make provision in each biennium for any part
15-25 or all of the area within the bounds set forth in Subsection (a) of
15-26 this section either as to parking charges or the prohibition
15-27 thereof, or as to the basis upon which parking facilities are to be
16-1 utilized, the commission may establish and collect a reasonable
16-2 monthly parking charge for parking within the bounds set forth in
16-3 Subsection (a) of this section, except those parking spaces
16-4 assigned to the respective houses of the legislature on the capitol
16-5 driveways, and may make available parking facilities in said area
16-6 on either an open lot parking basis or an individual space
16-7 assignment basis, or both.>
16-8 <(8) A person who parks an unauthorized vehicle in a
16-9 space assigned under the provisions of this section commits an
16-10 offense.>
16-11 <(9) The provisions of this subsection do not apply to
16-12 the property or the parking facility under the management and
16-13 control of the Texas Employment Commission and located within the
16-14 bounds set forth in Subsection (a) of this section.>
16-15 <(d) The commission is hereby authorized to request the
16-16 State Department of Highways and Public Transportation to assist it
16-17 in the marking and designation of such parking spaces as the
16-18 commission shall deem necessary and to maintain the painting of
16-19 lines and curb markings and furnish such directional or
16-20 informational signs as the commission shall deem necessary in the
16-21 area described in Subsection (a) of this section. The Department
16-22 of Public Safety shall provide advice and assistance to the
16-23 commission when requested and shall at all times have at least one
16-24 commissioned officer assigned to duty in the capitol area.>
16-25 <(e) It shall be unlawful to operate a motor vehicle upon
16-26 any property owned by the State of Texas within the bounds set
16-27 forth in Subsection (a) of this section at a speed in excess of 15
17-1 miles per hour. All laws regulating traffic upon highways and
17-2 streets shall apply to the operation of motor vehicles within the
17-3 prescribed areas, except as modified hereby.>
17-4 <(f) All of the general and criminal laws of the state are
17-5 declared to be in full force and effect within the areas regulated
17-6 by this section.>
17-7 <(g)(1) As of the effective date of this Act, all of the
17-8 duties, functions, positions, responsibilities, inventory,
17-9 property, and other items assigned to the Capitol Security Police
17-10 Division of the State Purchasing and General Services Commission
17-11 are transferred to the Texas Department of Public Safety.>
17-12 <(2) All employees of the Capitol Security Police
17-13 Division of the State Purchasing and General Services Commission
17-14 are eligible to apply for and may be employed by the Department of
17-15 Public Safety. Such persons must meet all Texas Department of
17-16 Public Safety requirements for employment appropriate to civilian
17-17 and mansion security officers.>
17-18 <(3) All such persons employed by the Texas Department
17-19 of Public Safety shall be entitled to have all service with the
17-20 State Purchasing and General Services Commission recognized for
17-21 purposes of establishing length of service and accrual of and
17-22 entitlement to benefits. Such service with the State Purchasing
17-23 and General Services Commission shall be aggregated with service as
17-24 employees of the Texas Department of Public Safety. Provided,
17-25 however, all such persons employed by the Texas Department of
17-26 Public Safety shall be subject to a six-month probationary period,
17-27 as provided in Section 411.007, Government Code.>
18-1 <(4) All such persons employed by the Texas Department
18-2 of Public Safety shall be assigned to a rank or position consistent
18-3 with their duties and responsibilities at the sole discretion of
18-4 the Texas Department of Public Safety. The salary for such rank or
18-5 position shall be consistent with the Texas Department of Public
18-6 Safety rules and regulations and applicable state laws.>
18-7 <(5)> The State Purchasing and General Services
18-8 Commission shall provide office space <for this operational unit>
18-9 to the <Texas> Department of Public Safety in the American Legion
18-10 Building or other suitable facility acceptable to the <Texas>
18-11 Department of Public Safety for the Capitol division.
18-12 <(6) All funds appropriated to the State Purchasing
18-13 and General Services Commission for purposes of operating the
18-14 Capitol Security Police Division are transferred to the Texas
18-15 Department of Public Safety to be used for the operation of the
18-16 unit.>
18-17 <(i) Any person who violates any of the provisions of this
18-18 section shall be guilty of a misdemeanor and upon conviction
18-19 thereof shall be punished by a fine of not more than $200. The
18-20 penalties for violation of any of the other criminal laws of the
18-21 state shall be as now provided by law.>
18-22 <(j) In connection with traffic and parking violations only,
18-23 the officers authorized to enforce the provisions of this section
18-24 shall have the authority to issue and use traffic tickets and
18-25 summons of the type now used by the city of Austin and/or the Texas
18-26 Highway Patrol with such changes as are necessitated thereby to be
18-27 prepared and furnished by the commission. Upon the issuance of any
19-1 such traffic ticket or summons the same procedures shall be
19-2 followed as now prevail in connection with the use of parking and
19-3 traffic violation tickets by the city of Austin and the Texas
19-4 Highway Patrol. Nothing herein shall restrict the application and
19-5 use of regular arrest warrants.>
19-6 <(k) The primary responsibility for enforcing the provisions
19-7 of this section shall be with the commission, which shall have
19-8 authority to promulgate rules and regulations not inconsistent with
19-9 this section or other provisions of law as it may deem necessary to
19-10 carry out the provisions of this section. Whenever the commission
19-11 shall have promulgated such a rule or regulation and has posted
19-12 signs in any of the regulated areas giving notice thereof, it shall
19-13 be unlawful for any person to violate any of the provisions of such
19-14 signs and shall constitute a misdemeanor punishable as provided in
19-15 this section.>
19-16 <(l) The judge of the municipal court and/or any justice of
19-17 the peace in Austin are each hereby separately vested with all
19-18 jurisdiction necessary to hear, try, and determine criminal cases
19-19 involving violations hereof where punishment does not exceed a fine
19-20 of $200.>
19-21 <(m) Nothing herein contained shall be construed to abridge
19-22 the authority of the commission to grant permission to use the
19-23 capitol grounds and any grounds adjacent to any state building for
19-24 such use as may be provided by preexisting law.>
19-25 SECTION 19. Section 13.09, State Purchasing and General
19-26 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
19-27 amended to read as follows:
20-1 Sec. 13.09. APPLICATION. The state agencies subject to this
20-2 article are:
20-3 (1) the Texas Department of Mental Health and Mental
20-4 Retardation;
20-5 (2) the Texas Department of Human Services;
20-6 (3) the Texas Department of Criminal Justice;
20-7 (4) the Department of Agriculture;
20-8 (5) the Central Education Agency;
20-9 (6) the Texas Higher Education Coordinating Board;
20-10 (7) the Texas Department of Transportation <State
20-11 Department of Highways and Public Transportation>; <and>
20-12 (8) the Department of Public Safety; and
20-13 (9) the commission.
20-14 SECTION 20. Section 10(c), Chapter 173, Acts of the 47th
20-15 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
20-16 Civil Statutes), is amended to read as follows:
20-17 (c) The Director may certify and set standards for
20-18 certification of certain employers, governmental agencies, and
20-19 other appropriate organizations to train and test for the ability
20-20 to operate certain types or general classes of vehicles. The
20-21 Department shall set standards for the training and testing of
20-22 applicants. <The Director, in issuing the driver's licenses for
20-23 certain types or general classes of vehicles, may waive a driving
20-24 test for an applicant if the applicant has successfully completed
20-25 and passed the training and testing by the certified entity.>
20-26 SECTION 21. Section 15, Chapter 173, Acts of the 47th
20-27 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
21-1 Civil Statutes), is amended by amending Subsection (b) and adding
21-2 Subsection (c) to read as follows:
21-3 (b) All fees and charges required by this Act and remitted
21-4 to the Department shall be deposited in the General Revenue Fund,
21-5 except as provided by Subsection (c) of this section.
21-6 (c) Fees paid to the Department under Section 26(b) of this
21-7 Act shall be deposited to the credit of the operator's and
21-8 chauffeur's license fund and may be appropriated only to the
21-9 Department to administer this Act.
21-10 SECTION 22. Section 26, Chapter 173, Acts of the 47th
21-11 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
21-12 Civil Statutes), is amended to read as follows:
21-13 Sec. 26. SURRENDER AND RETURN OF LICENSE. (a) Except as
21-14 limited by Subsection (b) of this section and by Section 23(c) of
21-15 this Act, the Department, upon suspending or revoking a license,
21-16 shall require that such license shall be surrendered to and be
21-17 retained by the Department except that at the end of the period of
21-18 suspension of such license, the license so surrendered shall be
21-19 returned to the licensee.
21-20 (b) The Department may not return a license or reinstate a
21-21 privilege to operate a motor vehicle suspended under <Section
21-22 24(a-1) of> this Act, unless the person whose license or privilege
21-23 was suspended makes application to the Department for reinstatement
21-24 of the person's license or privilege and<, in addition to any other
21-25 fee required by law,> pays to the Department a reinstatement fee
21-26 <of Five Dollars ($5.00)>. The Department by rule shall establish
21-27 the fee authorized by this subsection. The fee under this
22-1 subsection may not exceed an amount that is sufficient, when added
22-2 to the other fees collected under this Act, to recover the actual
22-3 cost to the Department of administering reinstatements under this
22-4 Act.
22-5 <(c) Fees paid under this section shall be deposited in the
22-6 state treasury to the credit of the Operator's and Chauffeur's
22-7 License Fund and shall be appropriated only to the Department to
22-8 administer the provisions of this Act.>
22-9 SECTION 23. Section 141(f), Uniform Act Regulating Traffic
22-10 on Highways (Article 6701d, Vernon's Texas Civil Statutes), is
22-11 amended to read as follows:
22-12 (f) The Director may deny an application for a license, <or>
22-13 revoke or suspend an outstanding certificate of any inspection
22-14 station or the certificate of any person to inspect vehicles, place
22-15 on probation the holder of the certificate that has been suspended,
22-16 or reprimand the holder of a certificate, in addition to action
22-17 taken under Subsection (g) of this section, for any of the
22-18 following reasons:
22-19 (1) issuing a certificate without required
22-20 adjustments, corrections, or repairs having been made when an
22-21 inspection disclosed the necessity for those adjustments,
22-22 corrections, or repairs;
22-23 (2) refusing to allow the owner of the vehicle to have
22-24 required corrections or adjustments made by any qualified person he
22-25 may choose;
22-26 (3) issuing an inspection certificate without having
22-27 made an inspection of the vehicle;
23-1 (4) knowingly or wilfully issuing an inspection
23-2 certificate for a vehicle without the required items of inspection
23-3 or with items which were not at the time of issuance in good
23-4 condition and in conformity with the laws of this state or in
23-5 compliance with rules of the Commission;
23-6 (5) charging more than the required inspection fee;
23-7 (6) issuing an inspection certificate without being
23-8 certified to do so by the Department;
23-9 (7) proof of unfitness of applicant or licensee under
23-10 standards set out in this Act or in Commission rules;
23-11 (8) material misrepresentation in any application or
23-12 any other information filed under this Act or Commission rules;
23-13 (9) wilful failure to comply with this Act or any rule
23-14 promulgated by the Commission under the provisions of this Act;
23-15 (10) failure to maintain the qualifications for a
23-16 license; or
23-17 (11) any act or omission by the licensee, his agent,
23-18 servant, employee, or person acting in a representative capacity
23-19 for the licensee which act or omission would be cause to deny,
23-20 revoke, or suspend a license to an individual licensee.
23-21 If the holder of a suspended certificate is placed on
23-22 probation, the Director may require the holder of the certificate
23-23 to report regularly to the Department on matters that are the basis
23-24 of the probation.
23-25 When there is cause to deny an application for a certificate
23-26 of any inspection station or the certificate of any person to
23-27 inspect vehicles or revoke or suspend the outstanding certificate,
24-1 the Director shall, in less than thirty (30) days before refusal,
24-2 suspension, or revocation action is taken, notify the person, in
24-3 writing, in person, or by certified mail at the last address
24-4 supplied to the Department by the person, of the impending refusal,
24-5 suspension, or revocation, the reasons for taking that action, and
24-6 of his right to an administrative hearing for the purpose of
24-7 determining whether or not the evidence is sufficient to warrant
24-8 the refusal, suspension, or revocation action proposed to be taken
24-9 by the Director. If, within twenty (20) days after the personal
24-10 notice of the notice is sent or notice has been deposited in the
24-11 United States mail, the person has not made a written request to
24-12 the Director for this administrative hearing, the Director, without
24-13 a hearing, may suspend or revoke or refuse to issue any
24-14 certificate. On receipt by the Director of a written request of
24-15 the person within the twenty-day (20-day) period, an opportunity
24-16 for an administrative hearing shall be afforded as early as is
24-17 practicable. In no case shall the hearing be held less than ten
24-18 (10) days after written notification, including a copy of the
24-19 charges, is given the person by personal service or by certified
24-20 mail sent to the last address supplied to the Department by the
24-21 applicant or certificate holder. The administrative hearing in
24-22 these cases shall be before the Director or his designee. The
24-23 Director or his designee shall conduct the administrative hearing
24-24 and may administer oaths and issue subpoenas for the attendance of
24-25 witnesses and the production of relevant books, papers, or
24-26 documents. On the basis of the evidence submitted at the hearing,
24-27 the Director acting for himself or upon the recommendation of his
25-1 designee may refuse the application or suspend or revoke the
25-2 certificate.
25-3 Any person dissatisfied with the action of the Director,
25-4 without filing a motion for rehearing, may appeal the action of the
25-5 Director by filing a petition within thirty (30) days after the
25-6 action is taken in a district court in the county where the person
25-7 resides or in a district court of Travis County, and the court is
25-8 vested with jurisdiction, and it shall be the duty of the court to
25-9 set the matter for hearing upon ten (10) days written notice to the
25-10 Director and the attorney representing the Director. The court in
25-11 which the petition of appeal is filed shall determine whether any
25-12 action of the Director shall be suspended pending hearing and enter
25-13 its order accordingly, which shall be operative when served upon
25-14 the Director, and the Director shall provide the attorney
25-15 representing the Director with a copy of the petition and order.
25-16 The Director shall be represented in these appeals by the district
25-17 or county attorney of the county, or the attorney general, or any
25-18 of their assistants.
25-19 SECTION 24. Sections 142(c)(2) and (3), Uniform Act
25-20 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
25-21 Statutes), are amended to read as follows:
25-22 (2) The director shall discontinue the use of
25-23 supervisory commissioned peace officers to administer the motor
25-24 vehicle inspection and maintenance program established by this
25-25 article not later than September 1, 1995.
25-26 (3) The <By September 1, 1992, the> Department shall
25-27 reduce by September 1 of each year the number of commissioned peace
26-1 officers assigned to administer the motor vehicle inspection and
26-2 maintenance program <by no less than 25 percent below the number
26-3 assigned to that duty on the effective date of this subdivision and
26-4 shall reduce the number by similar or greater percentages by
26-5 September 1 of each succeeding year> so that by September 1, 1995,
26-6 no more than 25 commissioned officers will be assigned to the
26-7 program.
26-8 SECTION 25. Chapter 411, Government Code, is amended by
26-9 adding Subchapter F to read as follows:
26-10 SUBCHAPTER F. CRIMINAL HISTORY RECORD INFORMATION
26-11 Sec. 411.081. APPLICATION OF SUBCHAPTER. (a) This
26-12 subchapter does not apply to criminal history record information
26-13 that is contained in:
26-14 (1) posters, announcements, or lists for identifying
26-15 or apprehending fugitives or wanted persons;
26-16 (2) original records of entry, including police
26-17 blotters maintained by a criminal justice agency that are compiled
26-18 chronologically and required by law or long-standing practice to be
26-19 available to the public;
26-20 (3) public judicial, administrative, or legislative
26-21 proceedings;
26-22 (4) court records of public judicial proceedings; or
26-23 (5) published judicial or administrative opinions.
26-24 (b) This subchapter does not prohibit a criminal justice
26-25 agency from disclosing to the public criminal history record
26-26 information that is related to the offense for which a person is
26-27 involved in the criminal justice system.
27-1 (c) This subchapter does not prohibit a criminal justice
27-2 agency from confirming previous criminal history record information
27-3 to any person on specific inquiry about whether a named person was
27-4 arrested, detained, indicted, or formally charged on a specified
27-5 date, if the information disclosed is based on data excluded by
27-6 Subsection (b).
27-7 Sec. 411.082. DEFINITIONS. In this subchapter:
27-8 (1) "Administration of criminal justice" has the
27-9 meaning assigned by Article 60.01, Code of Criminal Procedure.
27-10 (2) "Criminal history record information" means
27-11 information collected about a person by a criminal justice agency
27-12 that consists of identifiable descriptions and notations of
27-13 arrests, detentions, indictments, informations, and other formal
27-14 criminal charges and their dispositions. The term does not
27-15 include:
27-16 (A) identification information, including
27-17 fingerprint records, to the extent that the identification
27-18 information does not indicate involvement of the person in the
27-19 criminal justice system; or
27-20 (B) driving record information maintained by the
27-21 department under Section 21, Chapter 173, Acts of the 47th
27-22 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
27-23 Civil Statutes).
27-24 (3) "Criminal justice agency" means:
27-25 (A) a governmental agency that is engaged in the
27-26 administration of criminal justice and allocates a substantial
27-27 portion of its budget to the administration of criminal justice; or
28-1 (B) a nongovernmental railroad or campus police
28-2 department that has obtained an originating agency identifier from
28-3 the Federal Bureau of Investigation.
28-4 (4) "Criminal justice purpose" means:
28-5 (A) an activity that is included in the
28-6 administration of criminal justice; or
28-7 (B) screening of applicants for employment with
28-8 a criminal justice agency.
28-9 Sec. 411.083. DISSEMINATION OF CRIMINAL HISTORY RECORD
28-10 INFORMATION. (a) Criminal history record information maintained
28-11 by the department is confidential information for the use of the
28-12 department, and except as provided by this subchapter, may not be
28-13 disseminated by the department.
28-14 (b) The department shall grant access to criminal history
28-15 record information to:
28-16 (1) criminal justice agencies;
28-17 (2) noncriminal justice agencies authorized by federal
28-18 statute or executive order, or by state statute, to receive
28-19 criminal history record information;
28-20 (3) the person who is the subject of the criminal
28-21 history record information;
28-22 (4) a person working on a research or statistical
28-23 project that:
28-24 (A) is funded in whole or in part by state
28-25 funds; or
28-26 (B) meets the requirements of Part 22, Title 28,
28-27 Code of Federal Regulations, and is approved by the department; and
29-1 (5) an individual or an agency that has a specific
29-2 agreement with a criminal justice agency to provide services
29-3 required for the administration of criminal justice under that
29-4 agreement, if the agreement:
29-5 (A) specifically authorizes access to
29-6 information;
29-7 (B) limits the use of information to the
29-8 purposes for which it is given;
29-9 (C) ensures the security and confidentiality of
29-10 the information; and
29-11 (D) provides for sanctions if a requirement
29-12 imposed under Subdivision (A), (B), or (C) is violated.
29-13 (c) The department may disseminate criminal history record
29-14 information under Subsection (b)(1) only for a criminal justice
29-15 purpose. The department may disseminate criminal history record
29-16 information under Subsection (b)(2) only for a purpose specified in
29-17 the statute or order. The department may disseminate criminal
29-18 history record information under Subsection (b)(4) only for a
29-19 purpose approved by the department and only under rules adopted by
29-20 the department.
29-21 (d) The department is not required to release or disclose
29-22 criminal history record information to any person that is not in
29-23 compliance with rules adopted by the department under this
29-24 subchapter or rules adopted by the Federal Bureau of Investigation
29-25 that relate to the dissemination or use of criminal history record
29-26 information.
29-27 Sec. 411.084. USE OF CRIMINAL HISTORY RECORD INFORMATION.
30-1 Criminal history record information obtained from the department
30-2 under this subchapter:
30-3 (1) is for the exclusive use of the authorized
30-4 recipient of the information; and
30-5 (2) may be disclosed or used by the recipient only if,
30-6 and only to the extent that, disclosure or use is authorized or
30-7 directed by:
30-8 (A) this subchapter;
30-9 (B) another statute;
30-10 (C) a rule adopted under a statute; or
30-11 (D) an order of a court of competent
30-12 jurisdiction.
30-13 Sec. 411.085. UNAUTHORIZED OBTAINING, USE, OR DISCLOSURE OF
30-14 CRIMINAL HISTORY RECORD INFORMATION; PENALTY. (a) A person
30-15 commits an offense if the person knowingly or intentionally:
30-16 (1) obtains criminal history record information in an
30-17 unauthorized manner, uses the information for an unauthorized
30-18 purpose, or discloses the information to a person who is not
30-19 entitled to the information;
30-20 (2) provides a person with a copy of the person's
30-21 criminal history record information obtained from the department;
30-22 or
30-23 (3) violates a rule of the department adopted under
30-24 this subchapter.
30-25 (b) An offense under Subsection (a) is a Class B
30-26 misdemeanor, except as provided by Subsection (c).
30-27 (c) An offense under Subsection (a) is a felony of the
31-1 second degree if the person:
31-2 (1) obtains, uses, or discloses criminal history
31-3 record information for remuneration or for the promise of
31-4 remuneration; or
31-5 (2) employs another person to obtain, use, or disclose
31-6 criminal history record information for remuneration or for the
31-7 promise of remuneration.
31-8 Sec. 411.086. RULES. (a) The department shall adopt rules
31-9 to administer this subchapter.
31-10 (b) Rules adopted by the department:
31-11 (1) shall provide for a uniform method of requesting
31-12 criminal history record information from the department;
31-13 (2) may require a person requesting criminal history
31-14 record information about an individual to submit to the department
31-15 one or more of the following:
31-16 (A) the complete name, race, and sex of the
31-17 individual;
31-18 (B) any known alias name of the individual;
31-19 (C) a complete set of the individual's
31-20 fingerprints;
31-21 (D) a recent photograph of the individual;
31-22 (E) any known identifying number of the
31-23 individual, including social security number, FBI number, driver's
31-24 license number, or state identification number;
31-25 (F) the individual's date of birth;
31-26 (G) any known alias dates of birth of the
31-27 individual; or
32-1 (H) any other information the department
32-2 determines is necessary to identify the individual or the record;
32-3 (3) shall provide for the methods and formats for
32-4 dissemination of criminal history record information; and
32-5 (4) shall provide security measures and policies that
32-6 are designed to guard against unauthorized release or dissemination
32-7 of criminal history record information that is maintained or
32-8 disseminated by the department.
32-9 Sec. 411.087. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION
32-10 MAINTAINED BY FEDERAL BUREAU OF INVESTIGATION OR LOCAL CRIMINAL
32-11 JUSTICE AGENCY. (a) A person, agency, department, political
32-12 subdivision, or other entity that is authorized by this subchapter
32-13 to obtain from the department criminal history record information
32-14 maintained by the department that relates to another person is
32-15 authorized to:
32-16 (1) obtain from the identification division of the
32-17 Federal Bureau of Investigation criminal history record information
32-18 maintained by that division that pertains to that person; or
32-19 (2) obtain from any other criminal justice agency in
32-20 this state criminal history record information maintained by that
32-21 criminal justice agency that relates to that person.
32-22 (b) Any restriction or limitation in this subchapter on
32-23 criminal history record information that a person, agency,
32-24 department, political subdivision, or other entity is entitled to
32-25 obtain from the department applies equally to the criminal history
32-26 record information that the person, agency, department, political
32-27 subdivision, or other entity is entitled to obtain from the
33-1 identification division of the Federal Bureau of Investigation or
33-2 other criminal justice agency.
33-3 (c) Subsection (a) does not authorize a person, agency,
33-4 department, political subdivision, or other entity to obtain
33-5 criminal history record information from the identification
33-6 division of the Federal Bureau of Investigation if dissemination of
33-7 criminal history record information by the division is prohibited
33-8 by federal law, executive order, or rule.
33-9 (d) A person, agency, department, political subdivision, or
33-10 other entity that is not a criminal justice agency is entitled to
33-11 obtain criminal history record information from the Federal Bureau
33-12 of Investigation only if:
33-13 (1) the requestor submits a complete set of the
33-14 individual's fingerprints and other identifying information and
33-15 pays any fee required or approved by the bureau;
33-16 (2) no disqualifying record or information from a
33-17 state or local criminal justice agency is known to the requestor;
33-18 and
33-19 (3) the request is not for the purpose of
33-20 discriminating against a person because of the person's race, sex,
33-21 age, disability, religion, color, or national origin.
33-22 (e) Subsection (a)(1) does not apply to a volunteer center
33-23 under Section 411.126.
33-24 Sec. 411.088. FEES. (a) The department may charge a person
33-25 that is not primarily a criminal justice agency a fee for
33-26 processing inquiries for criminal history record information. The
33-27 department may charge:
34-1 (1) a fee of $10 for each inquiry for criminal history
34-2 record information on a person that is processed only on the basis
34-3 of the person's name, unless the inquiry is submitted
34-4 electronically or by magnetic media, in which event the fee is $1;
34-5 and
34-6 (2) a fee of $15 for each inquiry for criminal history
34-7 record information on a person that is processed on the basis of a
34-8 fingerprint comparison search.
34-9 (b) The department shall deposit all fees collected under
34-10 this section in the operator's and chauffeur's license fund.
34-11 Sec. 411.089. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
34-12 CRIMINAL JUSTICE AGENCY. A criminal justice agency is entitled to
34-13 obtain from the department any criminal history record information
34-14 maintained by the department about a person.
34-15 Sec. 411.090. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
34-16 CENTRAL EDUCATION AGENCY. (a) The Central Education Agency is
34-17 entitled to obtain from the department any criminal history record
34-18 information maintained by the department about a person who has
34-19 applied to the agency for a teaching certificate.
34-20 (b) Criminal history record information obtained by the
34-21 agency under Subsection (a):
34-22 (1) may be used for any purpose related to the
34-23 issuance, denial, suspension, or cancellation of a teaching
34-24 certificate issued by the agency;
34-25 (2) may not be released to any person except on court
34-26 order or with the consent of the applicant for a teaching
34-27 certificate; and
35-1 (3) shall be destroyed by the agency after the
35-2 information is used for the authorized purposes.
35-3 Sec. 411.091. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
35-4 TEXAS ALCOHOLIC BEVERAGE COMMISSION. (a) The Texas Alcoholic
35-5 Beverage Commission is entitled to obtain from the department
35-6 criminal history record information maintained by the department
35-7 that:
35-8 (1) the commission believes is necessary for the
35-9 enforcement or administration of the Alcoholic Beverage Code; or
35-10 (2) pertains to a person who, under the Bingo Enabling
35-11 Act (Article 179d, Vernon's Texas Civil Statutes), is:
35-12 (A) an operator or an applicant to act as an
35-13 operator of bingo occasions;
35-14 (B) an officer of an organization that applies
35-15 for or holds a license to conduct bingo;
35-16 (C) a person who works at or will work at
35-17 proposed bingo games;
35-18 (D) an applicant for a license to act or a
35-19 person who holds a license to act as a commercial lessor,
35-20 manufacturer, or distributor;
35-21 (E) a spouse of or a person related in the first
35-22 degree by consanguinity or affinity, as determined under Article
35-23 5996h, Revised Statutes, to:
35-24 (i) a person who has a greater than 10
35-25 percent proprietary, equitable, or credit interest; or
35-26 (ii) a person who is an employee of or is
35-27 active in a firm or corporation applying for a license to act or a
36-1 person who holds a license to act as a commercial lessor,
36-2 manufacturer, or distributor; or
36-3 (F) a person required to be named in an
36-4 application for a license to act or a person who holds a license to
36-5 act as a commercial lessor, manufacturer, or distributor.
36-6 (b) Criminal history record information obtained by the
36-7 commission under Subsection (a)(1) may be used only for the
36-8 enforcement and administration of the Alcoholic Beverage Code.
36-9 (c) Criminal history record information obtained by the
36-10 commission under Subsection (a)(2):
36-11 (1) may be used only for the enforcement and
36-12 administration of the Bingo Enabling Act; and
36-13 (2) may not be released to any person or agency except
36-14 on court order or with the written consent of the person being
36-15 investigated, unless the information is entered into evidence by
36-16 the commission at an administrative hearing under that Act.
36-17 Sec. 411.092. ACCESS TO CRIMINAL HISTORY RECORD
36-18 INFORMATION: BANKING COMMISSIONER. (a) The banking commissioner
36-19 is entitled to obtain from the department criminal history record
36-20 information maintained by the department that relates to a person
36-21 who is:
36-22 (1) an applicant for a license under Article 350,
36-23 Revised Statutes; or
36-24 (2) a principal of an applicant for a license under
36-25 that article.
36-26 (b) Criminal history record information obtained by the
36-27 commissioner under Subsection (a), except on court order or as
37-1 provided by Subsection (c), may not be released or disclosed to any
37-2 person.
37-3 (c) The commissioner is not prohibited from disclosing to
37-4 the individual who is the subject of the information the dates and
37-5 places of arrests, the offenses, and the dispositions in the
37-6 criminal history record information.
37-7 Sec. 411.093. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
37-8 TEXAS DEPARTMENT OF LICENSING AND REGULATION. (a) The Texas
37-9 Department of Licensing and Regulation is entitled to obtain from
37-10 the department criminal history record information maintained by
37-11 the department that relates to a person who is:
37-12 (1) an applicant for a license under the Texas Boxing
37-13 and Wrestling Act (Article 8501-1, Vernon's Texas Civil Statutes);
37-14 or
37-15 (2) the holder of a license under that Act.
37-16 (b) The department of licensing and regulation is entitled
37-17 only to criminal history record information that relates to the
37-18 arrest or conviction of the person.
37-19 Sec. 411.094. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
37-20 INSTITUTION OF HIGHER EDUCATION. (a) In this section:
37-21 (1) "Institution of higher education":
37-22 (A) has the meaning assigned by Section 61.003,
37-23 Education Code; or
37-24 (B) means a private institution of higher
37-25 education that is accredited by the Commission on Colleges of the
37-26 Southern Association of Colleges and Schools.
37-27 (2) "Security-sensitive position" means employment in
38-1 an institution of higher education held by an employee who:
38-2 (A) handles currency;
38-3 (B) has access to a computer terminal;
38-4 (C) has access to a master key; or
38-5 (D) works in a location designated as a
38-6 security-sensitive area.
38-7 (b) An institution of higher education is entitled to obtain
38-8 from the department criminal history record information maintained
38-9 by the department that relates to a person who is an applicant for
38-10 a security-sensitive position.
38-11 (c) Criminal history record information obtained by an
38-12 institution of higher education under Subsection (b) may be used
38-13 only for the purpose of evaluating applicants for employment in
38-14 security-sensitive positions.
38-15 (d) Conviction information received by an institution of
38-16 higher education under Subsection (b) may not be released or
38-17 disclosed to any person except on court order.
38-18 (e) After the expiration of the probationary term of the
38-19 individual's employment, all criminal history record information
38-20 obtained about an individual under Subsection (b) shall be
38-21 destroyed by the chief of police of the institution of higher
38-22 education.
38-23 Sec. 411.095. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
38-24 CONSUMER CREDIT COMMISSIONER. (a) The consumer credit
38-25 commissioner is entitled to obtain from the department criminal
38-26 history record information that relates to a person who is:
38-27 (1) an applicant for a license under the Texas
39-1 Pawnshop Act (Article 5069-51.01 et seq., Vernon's Texas Civil
39-2 Statutes); or
39-3 (2) the holder of a license under that Act.
39-4 (b) The commissioner is entitled only to criminal history
39-5 record information that relates to the arrest or conviction of the
39-6 person.
39-7 Sec. 411.096. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
39-8 TEXAS RACING COMMISSION. (a) The Texas Racing Commission is
39-9 entitled to obtain from the department criminal history record
39-10 information maintained by the department that pertains to a person
39-11 who is:
39-12 (1) appointed to the commission;
39-13 (2) an applicant for employment by the commission; or
39-14 (3) an applicant for a license under the Texas Racing
39-15 Act (Article 179e, Vernon's Texas Civil Statutes).
39-16 (b) Criminal history record information obtained by the
39-17 commission under Subsection (a) may not be released or disclosed to
39-18 any person except in a criminal proceeding, in a hearing conducted
39-19 by the commission, on court order, or with the consent of the
39-20 applicant.
39-21 Sec. 411.097. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
39-22 SCHOOL DISTRICT. (a) In this section, "school district" means any
39-23 public school district in this state.
39-24 (b) A school district is entitled to obtain from the
39-25 department criminal history record information maintained by the
39-26 department that the district is required or authorized to obtain
39-27 under Section 21.917, Education Code, that relates to a person who
40-1 is:
40-2 (1) an applicant for employment by the district; or
40-3 (2) an employee of or an applicant for employment with
40-4 a public or commercial transportation company that contracts with
40-5 the district to provide transportation services if the employee
40-6 drives or the applicant will drive a bus in which students of the
40-7 district are transported.
40-8 (c) Criminal history record information obtained by a school
40-9 district under Subsection (b) may not be released or disclosed to
40-10 any person, other than the individual who is the subject of the
40-11 information, the Central Education Agency, or a person specified in
40-12 Section 21.917(h), Education Code.
40-13 Sec. 411.098. ACCESS TO CRIMINAL HISTORY RECORD
40-14 INFORMATION: TEXAS SCHOOL FOR THE BLIND AND VISUALLY IMPAIRED.
40-15 (a) The governing board of the Texas School for the Blind and
40-16 Visually Impaired is entitled to obtain from the department
40-17 criminal history record information maintained by the department
40-18 that relates to a person who is an applicant for a position of
40-19 employment with the school, the duties of which include direct
40-20 delivery of care to children.
40-21 (b) Criminal history record information obtained by the
40-22 board under Subsection (a) may not be released or disclosed to any
40-23 person except on court order or as provided by Subsection (c) or
40-24 (d).
40-25 (c) The board may release to the superintendent of the
40-26 school criminal history record information that relates to:
40-27 (1) an offense classified as an offense against the
41-1 person or the family;
41-2 (2) an offense classified as public indecency; or
41-3 (3) a felony violation of any statute intended to
41-4 control the possession or distribution of a substance included in
41-5 Chapter 481, Health and Safety Code, or Section 485.033, Health and
41-6 Safety Code.
41-7 (d) The board or the superintendent of the school may
41-8 disclose to an applicant or employee who is the subject of the
41-9 information the dates and places of arrests, the offenses, and the
41-10 dispositions in the criminal history record information.
41-11 Sec. 411.099. ACCESS TO CRIMINAL HISTORY RECORD
41-12 INFORMATION: TEXAS STATE BOARD OF MEDICAL EXAMINERS. The Texas
41-13 State Board of Medical Examiners is entitled to obtain from the
41-14 department criminal history record information maintained by the
41-15 department that relates to a person who is:
41-16 (1) an applicant for a license under the Medical
41-17 Practice Act (Article 4495b, Vernon's Texas Civil Statutes); or
41-18 (2) the holder of a license under that Act.
41-19 Sec. 411.100. ACCESS TO CRIMINAL HISTORY RECORD
41-20 INFORMATION: BOARD OF LAW EXAMINERS. (a) The Board of Law
41-21 Examiners is entitled to obtain from the department criminal
41-22 history record information maintained by the department that
41-23 relates to a person who is an applicant to take a bar examination.
41-24 (b) Criminal history record information obtained by the
41-25 board under Subsection (a) may not be released or disclosed to any
41-26 person, except on court order or with consent of the applicant.
41-27 (c) Immediately following the board's decision on
42-1 recommending an applicant, the board shall collect and seal all
42-2 criminal history record information obtained by the board that
42-3 relates to that applicant.
42-4 Sec. 411.101. ACCESS TO CRIMINAL HISTORY RECORD
42-5 INFORMATION: TEXAS STRUCTURAL PEST CONTROL BOARD. The Texas
42-6 Structural Pest Control Board is entitled to obtain from the
42-7 department criminal history record information maintained by the
42-8 department that relates to a person who is:
42-9 (1) an applicant for a structural pest control
42-10 business license under the Texas Structural Pest Control Act
42-11 (Article 135b-6, Vernon's Texas Civil Statutes);
42-12 (2) an applicant for a certified applicator's license
42-13 under that Act; or
42-14 (3) a holder of a structural pest control business
42-15 license or a certified applicator's license under that Act.
42-16 Sec. 411.102. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
42-17 MCGRUFF HOUSE PROGRAM. A local law enforcement agency involved in
42-18 establishing a McGruff House program is entitled to obtain from the
42-19 department criminal history record information maintained by the
42-20 department that relates to a person who is an adult residing in a
42-21 house for which an application has been made under Section 80.002,
42-22 Human Resources Code, for designation as a McGruff House.
42-23 Sec. 411.103. ACCESS TO CRIMINAL HISTORY RECORD
42-24 INFORMATION: CHILD WATCH PROGRAM. (a) In this section, "child
42-25 watch program" means a program organized by a local civic
42-26 organization with the cooperation of a school district to protect
42-27 schoolchildren by having parents or volunteers patrol their
43-1 residential neighborhoods and schools to watch for suspicious
43-2 activity, dangers, and threats to children.
43-3 (b) A local law enforcement agency that participates in a
43-4 child watch program is entitled to obtain from the department
43-5 criminal history record information maintained by the department
43-6 that relates to a person who:
43-7 (1) is a participant in the program; and
43-8 (2) gives written consent to the disclosure of the
43-9 information.
43-10 (c) Criminal history record information obtained by a law
43-11 enforcement agency under Subsection (b) may not be released or
43-12 disclosed except on court order or with the consent of the person
43-13 who is the subject of the criminal history record information.
43-14 Sec. 411.104. ACCESS TO CRIMINAL HISTORY RECORD
43-15 INFORMATION: TEXAS EMPLOYMENT COMMISSION. (a) In this section,
43-16 "security sensitive position" has the meaning assigned by Section
43-17 11-E(a), Texas Unemployment Compensation Act (Article 5221b-9e,
43-18 Vernon's Texas Civil Statutes).
43-19 (b) The Texas Employment Commission is entitled to obtain
43-20 from the department criminal history record information maintained
43-21 by the department that relates to a person who is an applicant for
43-22 a security sensitive position.
43-23 (c) Criminal history record information obtained by the
43-24 commission under Subsection (b) may not be released or disclosed to
43-25 any person except on court order or with the written consent of the
43-26 person who is the subject of the criminal history record
43-27 information.
44-1 (d) After the commission hires an applicant for a security
44-2 sensitive position, the commission shall seal the criminal history
44-3 record information that relates to the applicant and deliver the
44-4 information to the agency administrator or the administrator's
44-5 designee, who shall destroy the information.
44-6 (e) The commission shall destroy the criminal history record
44-7 information of an applicant who is not hired.
44-8 Sec. 411.105. ACCESS TO CRIMINAL HISTORY RECORD
44-9 INFORMATION: TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY. The Texas
44-10 State Board of Public Accountancy is entitled to obtain from the
44-11 department criminal history record information maintained by the
44-12 department that relates to a person who is:
44-13 (1) an applicant for certification as a certified
44-14 public accountant under the Public Accountancy Act of 1991 (Article
44-15 41a-1, Vernon's Texas Civil Statutes);
44-16 (2) an applicant to take the uniform CPA examination
44-17 under that Act; or
44-18 (3) an applicant to register under Section 14 of that
44-19 Act.
44-20 Sec. 411.106. ACCESS TO CRIMINAL HISTORY RECORD
44-21 INFORMATION: TEXAS DEPARTMENT OF INSURANCE. (a) The Texas
44-22 Department of Insurance for good cause shown is entitled to obtain
44-23 from the department criminal history record information maintained
44-24 by the department that relates to a person who is:
44-25 (1) an applicant for a license, permit, certificate of
44-26 authority, certificate of registration, or other authorization
44-27 issued by the State Board of Insurance to engage in an activity
45-1 regulated under the Insurance Code; or
45-2 (2) a corporate officer of an insurance company
45-3 regulated by the Texas Department of Insurance.
45-4 (b) Criminal history record information obtained by the
45-5 department of insurance under Subsection (a) may not be disclosed
45-6 or released to any person except on court order or with the consent
45-7 of the person who is the subject of the criminal history record
45-8 information.
45-9 (c) After the department of insurance makes a determination
45-10 as to the issuance of a license or certificate of authority to an
45-11 applicant, the department of insurance shall seal the criminal
45-12 history record information regarding the applicant and shall
45-13 deliver the information to the commissioner or the commissioner's
45-14 designee, who shall maintain the information as provided by State
45-15 Board of Insurance rule.
45-16 Sec. 411.107. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
45-17 RECEIVER. (a) In this section, "receiver" has the meaning
45-18 assigned by Article 21.28, Insurance Code.
45-19 (b) A receiver is entitled to obtain from the department
45-20 criminal history record information maintained by the department
45-21 that the receiver believes is necessary for the investigation of
45-22 any matter relating to a receivership estate.
45-23 (c) Criminal history record information obtained by a
45-24 receiver under Subsection (b) may not be released or disclosed to
45-25 any person except on court order or with the consent of the person
45-26 who is the subject of the criminal history record information.
45-27 (d) A receiver may destroy criminal history record
46-1 information obtained under Subsection (b) after the purpose for
46-2 which the information was obtained is accomplished.
46-3 Sec. 411.108. ACCESS TO CRIMINAL HISTORY RECORD
46-4 INFORMATION: COMPTROLLER OF PUBLIC ACCOUNTS. (a) The comptroller
46-5 is entitled to obtain from the department criminal history record
46-6 information maintained by the department that relates to a person
46-7 who, under the State Lottery Act (Article 179g, Vernon's Texas
46-8 Civil Statutes), is:
46-9 (1) a sales agent or an applicant for a sales agent
46-10 license;
46-11 (2) a person required to be named in a license
46-12 application;
46-13 (3) a lottery operator or prospective lottery
46-14 operator;
46-15 (4) an employee of a lottery operator or prospective
46-16 lottery operator, if the employee is or will be directly involved
46-17 in lottery operations;
46-18 (5) a person who manufactures or distributes lottery
46-19 equipment or supplies, or a representative of a person who
46-20 manufactures or distributes lottery equipment or supplies offered
46-21 to the lottery;
46-22 (6) a person who has submitted a written bid or
46-23 proposal to the division in connection with the procurement of
46-24 goods or services by the division, if the amount of the bid or
46-25 proposal exceeds $500;
46-26 (7) an employee or other person who works for or will
46-27 work for a sales agent or an applicant for a sales agent license;
47-1 (8) a person who proposes to enter into or who has a
47-2 contract with the division to supply goods or services to the
47-3 division;
47-4 (9) if a person described in Subdivisions (1) through
47-5 (8) of this section is not an individual, an individual who:
47-6 (A) is an officer or director of the person;
47-7 (B) holds more than 10 percent of the stock in
47-8 the person;
47-9 (C) holds an equitable interest greater than 10
47-10 percent in the person;
47-11 (D) is a creditor of the person who holds more
47-12 than 10 percent of the person's outstanding debt;
47-13 (E) is the owner or lessee of a business that
47-14 the person conducts or through which the person will conduct
47-15 lottery-related activities;
47-16 (F) shares or will share in the profits, other
47-17 than stock dividends, of the person;
47-18 (G) participates in managing the affairs of the
47-19 person; or
47-20 (H) is an employee of the person who is or will
47-21 be involved in:
47-22 (i) selling tickets; or
47-23 (ii) handling money from the sale of
47-24 tickets;
47-25 (10) the director or a prospective director of the
47-26 lottery division;
47-27 (11) an employee or prospective employee of the
48-1 lottery division; or
48-2 (12) a sales agent whose license is renewed under
48-3 Section 3.01(h) of that Act.
48-4 (b) Criminal history record information obtained by the
48-5 comptroller under Subsection (a) may not be released or disclosed
48-6 to any person except on court order or as provided by Subsection
48-7 (c).
48-8 (c) The comptroller is not prohibited from disclosing to the
48-9 person who is the subject of the criminal history record
48-10 information the dates and places or arrests, offenses, and
48-11 dispositions contained in the criminal history record information.
48-12 Sec. 411.109. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
48-13 STATE TREASURER. (a) The treasurer is entitled to obtain from the
48-14 department criminal history record information maintained by the
48-15 department that relates to a person who is:
48-16 (1) an applicant for a permit under Chapter 154 or
48-17 Chapter 155, Tax Code;
48-18 (2) a permit holder under either of those chapters;
48-19 (3) an officer, director, stockholder owning 10
48-20 percent or more of the outstanding stock, partner, owner, or
48-21 managing employee of an applicant or permit holder under either of
48-22 those chapters that is a corporation, association, joint venture,
48-23 syndicate, partnership, or proprietorship;
48-24 (4) in possession of cigarettes in unstamped packages
48-25 in violation of Chapter 154, Tax Code; or
48-26 (5) in possession of tobacco products in violation of
48-27 Chapter 155, Tax Code.
49-1 (b) Criminal history record information obtained by the
49-2 treasurer under Subsection (a) may not be released or disclosed to
49-3 any person except on court order or as provided by Subsection (c).
49-4 (c) The treasurer is not prohibited from disclosing to a
49-5 person who is the subject of criminal history record information
49-6 the dates and places of arrests, the offenses, and the dispositions
49-7 in the criminal history record information.
49-8 Sec. 411.110. ACCESS TO CRIMINAL HISTORY RECORD
49-9 INFORMATION: TEXAS DEPARTMENT OF HEALTH. (a) The Texas
49-10 Department of Health is entitled to obtain from the department
49-11 criminal history record information maintained by the department
49-12 that relates to a person who is:
49-13 (1) an applicant for a license or certificate under
49-14 the Emergency Medical Services Act (Chapter 773, Health and Safety
49-15 Code);
49-16 (2) an owner or manager of an applicant for an
49-17 emergency medical services provider license; or
49-18 (3) the holder of a license or certificate under that
49-19 Act.
49-20 (b) Criminal history record information obtained by the
49-21 department of health under Subsection (a) may not be released or
49-22 disclosed to any person except on court order, with the written
49-23 consent of the person or entity that is the subject of the criminal
49-24 history record information, or as provided by Subsection (e).
49-25 (c) After an entity is licensed or certified, the department
49-26 of health shall destroy the criminal history record information
49-27 that relates to that entity.
50-1 (d) The Texas Board of Health shall destroy criminal history
50-2 record information that relates to an applicant that is not
50-3 certified.
50-4 (e) The board of health is not prohibited from disclosing
50-5 criminal history record information obtained under Subsection (a)
50-6 in a criminal proceeding or in a hearing conducted by the
50-7 department of health.
50-8 Sec. 411.111. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
50-9 DISTRICT COURT; NAME CHANGES. A district court is entitled to
50-10 obtain from the department criminal history record information
50-11 maintained by the department that relates to a person who is:
50-12 (1) an adult; and
50-13 (2) has petitioned the court to order a change of name
50-14 for the person.
50-15 Sec. 411.112. ACCESS TO CRIMINAL HISTORY RECORD
50-16 INFORMATION: COMMISSION ON LAW ENFORCEMENT OFFICER STANDARDS AND
50-17 EDUCATION. The Commission on Law Enforcement Officer Standards and
50-18 Education is entitled to obtain from the department criminal
50-19 history record information maintained by the department that
50-20 relates to a person who is:
50-21 (1) an applicant for a license under Chapter 415; or
50-22 (2) the holder of a license under that chapter.
50-23 Sec. 411.113. ACCESS TO CRIMINAL HISTORY RECORD
50-24 INFORMATION: TEXAS SCHOOL FOR THE DEAF. (a) The governing board
50-25 of the Texas School for the Deaf is entitled to obtain from the
50-26 department criminal history record information maintained by the
50-27 department that relates to a person who is an applicant for a
51-1 position of employment with the school, the duties of which include
51-2 direct delivery of care to children.
51-3 (b) The governing board is entitled only to criminal history
51-4 record information that relates to:
51-5 (1) a felony or misdemeanor classified as an offense
51-6 against the person or the family;
51-7 (2) a felony or misdemeanor classified as public
51-8 indecency; or
51-9 (3) a felony violation of any statute intended to
51-10 control the possession or distribution of a substance included in
51-11 Chapter 481, Health and Safety Code, or Section 485.033, Health and
51-12 Safety Code.
51-13 (c) Criminal history record information obtained by the
51-14 governing board under Subsection (a) may not be released or
51-15 disclosed to any person except on court order, with the consent of
51-16 the person who is the subject of the criminal history record
51-17 information, or as provided by Subsection (d).
51-18 (d) The governing board is not prohibited from releasing
51-19 criminal history record information obtained under Subsection (b)
51-20 to the superintendent of the school or to the person who is the
51-21 subject of the criminal history record information.
51-22 (e) The governing board shall destroy criminal history
51-23 record information that relates to a person after the information
51-24 is used for its authorized purpose.
51-25 Sec. 411.114. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
51-26 TEXAS DEPARTMENT OF HUMAN SERVICES. (a)(1) In this subsection the
51-27 terms "child," "child-care facility," and "family home" have the
52-1 meanings assigned by Section 42.002, Human Resources Code.
52-2 (2) The Texas Department of Human Services is entitled
52-3 to obtain from the department criminal history record information
52-4 maintained by the department that relates to a person who is:
52-5 (A) an applicant for a license, registration, or
52-6 certification under Chapter 42, Human Resources Code;
52-7 (B) an owner or employee of or an applicant for
52-8 employment by a child-care facility licensed, registered, or
52-9 certified under that chapter;
52-10 (C) a resident of a registered family home, but
52-11 not a child in the home's care or a parent of the child;
52-12 (D) an applicant for a position with the
52-13 department, the duties of which include direct delivery of
52-14 protective services to children;
52-15 (E) a volunteer or applicant volunteer with a
52-16 local affiliate in this state of Big Brothers/Big Sisters of
52-17 America;
52-18 (F) a volunteer or applicant volunteer with the
52-19 "I Have a Dream/Houston" program;
52-20 (G) an employee of a business entity that
52-21 provides in-home respite care of children with temporary illnesses;
52-22 (H) an employee of a home health agency; or
52-23 (I) a volunteer or applicant volunteer with an
52-24 organization that provides court-appointed special advocates for
52-25 abused or neglected children.
52-26 (3) The department of human services is entitled,
52-27 under this subsection, only to criminal history record information
53-1 that relates to:
53-2 (A) an offense classified as an offense against
53-3 the person or the family;
53-4 (B) an offense classified as public indecency;
53-5 or
53-6 (C) a felony violation of a statute intended to
53-7 control the possession or distribution of a substance included in
53-8 Chapter 481, Health and Safety Code.
53-9 (4) Criminal history record information obtained by
53-10 the department of human services under this subsection may not be
53-11 released to any person except on court order, with the consent of
53-12 the person who is the subject of the criminal history record
53-13 information, or as provided by Subdivision (5).
53-14 (5) The department of human services is not prohibited
53-15 from releasing criminal history record information obtained under
53-16 this subsection to the person who is the subject of the criminal
53-17 history record information or to a child-care facility that employs
53-18 or is considering employing the person who is the subject of the
53-19 criminal history record information.
53-20 (b)(1) In this subsection, "facility" has the meaning
53-21 assigned by Section 106.001, Human Resources Code.
53-22 (2) The Texas Department of Human Services, on behalf
53-23 of the Texas Department of Health, is entitled to obtain from the
53-24 department criminal history record information maintained by the
53-25 department that relates to a person who is:
53-26 (A) an applicant for employment at a facility;
53-27 or
54-1 (B) an employee of a facility.
54-2 (3) The Texas Department of Human Services is entitled
54-3 to obtain, under this subsection, only criminal history record
54-4 information that relates to:
54-5 (A) an offense classified as an offense against
54-6 the person or the family;
54-7 (B) an offense classified as public indecency;
54-8 (C) a felony violation of a statute intended to
54-9 control the possession or distribution of a substance included in
54-10 Chapter 481, Health and Safety Code, or Section 485.033, Health and
54-11 Safety Code;
54-12 (D) a felony offense under Section 31.03, Penal
54-13 Code; or
54-14 (E) an offense under Section 29.02, 29.03, or
54-15 30.02, Penal Code.
54-16 (4) Criminal history record information obtained by
54-17 the department of human services under this subsection may not be
54-18 released to any person except on court order, with the written
54-19 consent of the person who is the subject of the criminal history
54-20 record information, or as provided by Subdivision (5).
54-21 (5) The department of human services is not prohibited
54-22 from disclosing criminal history record information obtained under
54-23 this subsection to the Texas Department of Health or to the
54-24 facility for which the department of human services requested the
54-25 information.
54-26 Sec. 411.115. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
54-27 TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION; COMMUNITY
55-1 CENTERS. (a) In this section, "community center" has the meaning
55-2 assigned by Section 531.002, Health and Safety Code.
55-3 (b) The Texas Department of Mental Health and Mental
55-4 Retardation or a community center is entitled to obtain from the
55-5 department criminal history record information maintained by the
55-6 department that relates to a person:
55-7 (1) who is:
55-8 (A) an applicant for employment with the Texas
55-9 Department of Mental Health and Mental Retardation;
55-10 (B) an employee of the Texas Department of
55-11 Mental Health and Mental Retardation;
55-12 (C) an applicant for employment with a community
55-13 center;
55-14 (D) an employee of a community center;
55-15 (E) an applicant for employment with, or an
55-16 employee of a business or person that contracts with, the Texas
55-17 Department of Mental Health and Mental Retardation or a community
55-18 center to provide residential services to patients with mental
55-19 illness or clients with mental retardation who were furloughed or
55-20 discharged from a department facility or community center;
55-21 (F) a volunteer with the Texas Department of
55-22 Mental Health and Mental Retardation;
55-23 (G) a volunteer with a community center; or
55-24 (H) a volunteer applicant; and
55-25 (2) who would be placed in direct contact with
55-26 patients with mental illness or clients with mental retardation.
55-27 (c) The Texas Department of Mental Health and Mental
56-1 Retardation or a community center is entitled to obtain only
56-2 criminal history record information that relates to:
56-3 (1) a sexual offense;
56-4 (2) a drug-related offense;
56-5 (3) a theft offense;
56-6 (4) criminal homicide;
56-7 (5) assault or battery; or
56-8 (6) an offense involving personal injury or threat.
56-9 (d) Criminal history record information obtained by the
56-10 mental health department or a community center under Subsection (b)
56-11 may not be released or disclosed to a person, other than the
56-12 contractor that employs the person who is the subject of the
56-13 criminal history record information, except on court order or with
56-14 the consent of the person who is the subject of the criminal
56-15 history record information.
56-16 (e) The mental health department shall collect and destroy
56-17 conviction information that relates to a person immediately after
56-18 the department or a contractor makes an employment decision or
56-19 takes any personnel action relating to the person who is the
56-20 subject of the criminal history record information.
56-21 Sec. 411.116. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
56-22 ORGANIZATION PROVIDING CERTAIN NURSE AIDES. (a) In this section:
56-23 (1) "Facility" has the meaning assigned by Section
56-24 106.001, Human Resources Code.
56-25 (2) "Nurse aide" has the meaning assigned by Chapter
56-26 106, Human Resources Code.
56-27 (3) "Organization that provides temporary nurse aides"
57-1 includes a temporary employment service, nursing pool, private duty
57-2 nurse service, or sitter service.
57-3 (b) An organization that provides temporary nurse aides to a
57-4 facility is entitled to obtain from the department criminal history
57-5 record information maintained by the department that relates to a
57-6 person who is:
57-7 (1) a nurse aide; and
57-8 (2) a candidate for referral by the organization to a
57-9 facility.
57-10 Sec. 411.117. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
57-11 TEXAS REHABILITATION COMMISSION. The Texas Rehabilitation
57-12 Commission is entitled to obtain from the department criminal
57-13 history record information maintained by the department that
57-14 relates to a person who is:
57-15 (1) an applicant for rehabilitation services of the
57-16 Texas Rehabilitation Commission; or
57-17 (2) a client of the Texas Rehabilitation Commission.
57-18 Sec. 411.118. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
57-19 EMPLOYER AT SUBSIDIZED HOUSING RESIDENCE. (a) In this section,
57-20 "employer," "employee," "occupant," and "subsidized housing
57-21 residence" have the meanings assigned by Section 135.001, Human
57-22 Resources Code.
57-23 (b) An employer is entitled to obtain from the department
57-24 criminal history record information maintained by the department
57-25 that pertains to a person who:
57-26 (1) is an applicant for a position of employment in a
57-27 subsidized housing residence to whom an offer of employment is
58-1 made; and
58-2 (2) may be reasonably required to have access to the
58-3 residence of an occupant who is elderly or disabled.
58-4 (c) An employer is entitled to obtain only criminal history
58-5 information that relates to:
58-6 (1) an offense classified as:
58-7 (A) an offense against the person or the family;
58-8 (B) an offense against property; or
58-9 (C) public indecency; or
58-10 (2) a felony violation of a statute intended to
58-11 control the possession or distribution of a substance regulated
58-12 under Chapter 481, Health and Safety Code, or Section 485.033,
58-13 Health and Safety Code.
58-14 (d) Criminal history record information obtained under
58-15 Subsection (b) may not be released or disclosed to any person
58-16 except on court order or with the written consent of the person who
58-17 is the subject of the criminal history record information.
58-18 Sec. 411.119. ACCESS TO CRIMINAL HISTORY RECORD
58-19 INFORMATION: TEXAS BOARD OF PRIVATE INVESTIGATORS AND PRIVATE
58-20 SECURITY AGENCIES. The Texas Board of Private Investigators and
58-21 Private Security Agencies is entitled to obtain from the department
58-22 criminal history record information maintained by the department
58-23 that relates to a person who is:
58-24 (1) an applicant for a license, registration, or
58-25 security officer commission under the Private Investigators and
58-26 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
58-27 Civil Statutes); or
59-1 (2) an applicant for a position regulated under that
59-2 Act.
59-3 Sec. 411.120. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
59-4 COUNTY JUDGE; CERTAIN APPLICANTS. (a) The county judge of a
59-5 county is entitled to obtain from the department criminal history
59-6 record information maintained by the department that relates to a
59-7 person who is:
59-8 (1) an applicant for a wine and beer retailer's permit
59-9 under Chapter 25, Alcoholic Beverage Code; or
59-10 (2) an applicant for a retail dealer's on-premise
59-11 license under Chapter 69 of that code.
59-12 (b) Criminal history record information obtained by a county
59-13 judge under Subsection (a) may not be released or disclosed to any
59-14 person except in a hearing held under Chapter 25 or 69, Alcoholic
59-15 Beverage Code.
59-16 Sec. 411.121. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
59-17 ADJUTANT GENERAL. (a) In this section:
59-18 (1) "Adjutant general" has the meaning assigned by
59-19 Section 431.022.
59-20 (2) "State military forces" has the meaning assigned
59-21 by Section 431.001.
59-22 (b) The adjutant general is entitled to obtain from the
59-23 department criminal history record information maintained by the
59-24 department that relates to a person who is:
59-25 (1) a member of the state military forces;
59-26 (2) an employee of the adjutant general's department;
59-27 (3) an applicant for enlistment in the state military
60-1 forces; or
60-2 (4) an applicant for employment with the adjutant
60-3 general's department.
60-4 (c) The adjutant general is entitled to criminal history
60-5 record information under Subsection (b)(3) or (b)(4) only if the
60-6 adjutant general submits to the department a signed statement from
60-7 the applicant that authorizes the adjutant general to obtain the
60-8 information.
60-9 (d) Criminal history record information obtained by the
60-10 adjutant general under Subsection (b) may not be released to any
60-11 person or agency except on court order or with the consent of the
60-12 person who is the subject of the criminal history record
60-13 information.
60-14 (e) The adjutant general shall destroy criminal history
60-15 record information obtained under Subsection (b) after the purpose
60-16 for which the information was obtained is accomplished.
60-17 Sec. 411.122. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
60-18 LICENSING OR REGULATORY AGENCY. (a) Except as provided by
60-19 Subsection (c)(2), an agency of this state or a political
60-20 subdivision of this state covered by Chapter 267, Acts of the 67th
60-21 Legislature, Regular Session, 1981 (Article 6252-13c, Revised
60-22 Statutes), that licenses or regulates members of a particular
60-23 trade, occupation, business, vocation, or profession is entitled to
60-24 obtain from the department criminal history record information
60-25 maintained by the department that relates to a person who is:
60-26 (1) an applicant for a license from the agency; or
60-27 (2) the holder of a license from the agency.
61-1 (b) Under this section, an agency is entitled to obtain only
61-2 criminal history record information that relates to the conviction
61-3 of the person.
61-4 (c) This section does not apply to an agency that is:
61-5 (1) specifically authorized by this subchapter to
61-6 obtain criminal history record information from the department; or
61-7 (2) covered by Section 2, Article 6252-13c, Revised
61-8 Statutes.
61-9 Sec. 411.123. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
61-10 MUNICIPAL FIRE DEPARTMENT. (a) A fire department that is operated
61-11 by a municipality in this state is entitled to obtain from the
61-12 department criminal history record information maintained by the
61-13 department that relates to a person who is:
61-14 (1) an applicant for a beginning position with the
61-15 fire department; and
61-16 (2) required to be certified by the Texas Commission
61-17 on Fire Protection.
61-18 (b) A fire department is entitled to obtain only criminal
61-19 history record information that relates to the conviction of the
61-20 person.
61-21 Sec. 411.124. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
61-22 POLITICAL SUBDIVISIONS; PUBLIC TRANSPORTATION DRIVERS. (a) A
61-23 political subdivision of this state that employs, licenses, or
61-24 regulates drivers of public transportation vehicles is entitled to
61-25 obtain from the department criminal history record information
61-26 maintained by the department that relates to a person who is:
61-27 (1) the driver of a public transportation vehicle; and
62-1 (2) employed, licensed, or regulated by the political
62-2 subdivision.
62-3 (b) A municipality is entitled to obtain only criminal
62-4 history record information that relates to a conviction of the
62-5 person.
62-6 Sec. 411.125. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
62-7 BOARD OF NURSE EXAMINERS. (a) The Board of Nurse Examiners is
62-8 entitled to obtain from the department criminal history record
62-9 information maintained by the department that relates to a person
62-10 who:
62-11 (1) is an applicant for a license from the board;
62-12 (2) has requested a determination of eligibility for a
62-13 license from the board; or
62-14 (3) is subject to investigation by the board in
62-15 connection with a complaint or formal charge against the person.
62-16 (b) The board is entitled to obtain only criminal history
62-17 record information that relates to a conviction of the person for
62-18 an offense that:
62-19 (1) is classified as a felony;
62-20 (2) is classified as a misdemeanor involving moral
62-21 turpitude;
62-22 (3) is an offense involving the abuse of a drug,
62-23 including alcohol; or
62-24 (4) resulted in the revocation of probation imposed
62-25 following a conviction of an offense specified in Subdivision (1),
62-26 (2), or (3).
62-27 Sec. 411.126. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
63-1 VOLUNTEER CENTERS. (a) In this section, "volunteer center" means
63-2 a nonprofit, tax-exempt organization whose primary purposes are to
63-3 promote volunteerism in a given geographic area of this state and
63-4 to recruit and refer individual volunteers for other nonprofit
63-5 agencies in that area.
63-6 (b) A volunteer center is entitled to obtain from the
63-7 department criminal history record information maintained by the
63-8 department that relates to a person who is:
63-9 (1) an employee of or applicant for employment with
63-10 the volunteer center;
63-11 (2) a volunteer or an applicant for a volunteer
63-12 position with the volunteer center;
63-13 (3) an employee or applicant for employment with a
63-14 nonprofit agency served by the volunteer center; or
63-15 (4) a volunteer, or applicant for a volunteer
63-16 position, with a nonprofit agency served by the volunteer center.
63-17 (c) A volunteer center is entitled to obtain from the
63-18 department only criminal history record information that relates to
63-19 a conviction.
63-20 SECTION 26. Section 10(j-3), Article 42.12, Code of Criminal
63-21 Procedure, as added by Chapter 1135, Acts of the 71st Legislature,
63-22 Regular Session, 1989, is amended to read as follows:
63-23 (j-3) The judges of the county courts at law in Hidalgo
63-24 County shall participate in the management of the probation
63-25 department serving the county, and for that purpose have the same
63-26 duties and powers imposed by this section as do the district judges
63-27 trying criminal cases in the county. <The probation department may
64-1 obtain criminal history record information (CHRI) relating to an
64-2 applicant for employment with the department that is maintained by
64-3 the Department of Public Safety, the Federal Bureau of
64-4 Investigation identification division, or any other law enforcement
64-5 agency. The information obtained under this subsection is for the
64-6 exclusive use of the department and is privileged and confidential.
64-7 The information may not be released or otherwise disclosed except
64-8 on court order or consent of the applicant.>
64-9 SECTION 27. The Department of Public Safety's responsibility
64-10 for review under Article 13, State Purchasing and General Services
64-11 Act (Article 601b, Vernon's Texas Civil Statutes), is limited to
64-12 one definable activity during the first two years the provision
64-13 applies to the department.
64-14 SECTION 28. The following laws are repealed:
64-15 (1) Section 13.0322, Education Code (Central Education
64-16 Agency);
64-17 (2) Section 5.36(b), Alcoholic Beverage Code (Texas
64-18 Alcoholic Beverage Commission);
64-19 (3) Section 13e, Bingo Enabling Act (Article 179d,
64-20 Vernon's Texas Civil Statutes) (Texas Alcoholic Beverage
64-21 Commission);
64-22 (4) Sections 9(a), (c), (d), and (e), Article 350,
64-23 Revised Statutes (banking commissioner);
64-24 (5) Section 12, Texas Boxing and Wrestling Act
64-25 (Article 8501-l, Vernon's Texas Civil Statutes) (commissioner of
64-26 licensing and regulation);
64-27 (6) Sections 51.215(b) and (d), Education Code
65-1 (institutions of higher education);
65-2 (7) Section 17A, Texas Pawnshop Act (Article
65-3 5069-51.17A, Vernon's Texas Civil Statutes) (consumer credit
65-4 commissioner);
65-5 (8) Sections 5.04(b) and (c), Texas Racing Act
65-6 (Article 179e, Vernon's Texas Civil Statutes) (Texas Racing
65-7 Commission);
65-8 (9) Sections 21.917(b), (c), and (f), Education Code
65-9 (school districts);
65-10 (10) Sections 11.064(a), (d), (e), (f), (g), and (h),
65-11 Education Code (Texas School for the Blind and Visually Impaired);
65-12 (11) Section 82.029, Government Code (Board of Law
65-13 Examiners);
65-14 (12) Section 6(d), Texas Structural Pest Control Act
65-15 (Article 135b-6, Vernon's Texas Civil Statutes) (Texas Structural
65-16 Pest Control Board);
65-17 (13) Section 80.002, Human Resources Code (McGruff
65-18 House programs);
65-19 (14) Section 80.004, Human Resources Code (child watch
65-20 programs);
65-21 (15) Sections 11-E(b), (c), (e), (g), (h), and (i),
65-22 Texas Unemployment Compensation Act (Article 5221b-9e, Vernon's
65-23 Texas Civil Statutes) (Texas Employment Commission);
65-24 (16) Section 21B(a), Public Accountancy Act of 1991
65-25 (Article 41a-1, Vernon's Texas Civil Statutes) (Texas State Board
65-26 of Public Accountancy);
65-27 (17) Sections (a), (b), (c), (d), (f), (g), and (h),
66-1 Article 1.10C, Insurance Code (Texas Department of Insurance);
66-2 (18) Section 4(i), Article 21.28, Insurance Code
66-3 (receiver);
66-4 (19) Sections 3.06(a), (b), (c), (f), (h), (i), (j),
66-5 (k), (l), (m), (o), and (p), State Lottery Act (Article 179g,
66-6 Vernon's Texas Civil Statutes) (comptroller of public accounts);
66-7 (20) Sections 154.5095(a), (c), (d), (e), and (f), Tax
66-8 Code (treasurer);
66-9 (21) Sections 155.2075(a), (c), (d), (e), and (f), Tax
66-10 Code (treasurer);
66-11 (22) Sections 773.070(a), (b), (c), (d), (f), (g),
66-12 (h), and (i), Health and Safety Code (Texas Department of Health);
66-13 (23) Section 32.21(c), Family Code (state district
66-14 courts);
66-15 (24) Section 11.033, Education Code (Texas School for
66-16 the Deaf);
66-17 (25) Sections 22.006, 106.003, 106.009, 106.010, and
66-18 106.012(b), Human Resources Code (Texas Department of Human
66-19 Services);
66-20 (26) Sections 533.007(a), (b), (c), (e), (f), (g), and
66-21 (h), Health and Safety Code (Texas Department of Health, community
66-22 centers);
66-23 (27) Section 111.058, Human Resources Code (Texas
66-24 Rehabilitation Commission);
66-25 (28) Sections 135.003, 135.004, and 135.005, Human
66-26 Resources Code (subsidized housing residences);
66-27 (29) Section 431.037, Government Code (adjutant
67-1 general);
67-2 (30) Section 3, Article 6252-13c, Revised Statutes
67-3 (licensing and regulatory agencies); and
67-4 (31) Subsection (j), Article 4525, Revised Statutes
67-5 (Board of Nurse Examiners).
67-6 SECTION 29. (a) This Act takes effect September 1, 1993.
67-7 (b) The changes in law made by this Act to the
67-8 qualifications of members of the Public Safety Commission apply
67-9 only to persons appointed to the commission on or after September
67-10 1, 1993.
67-11 (c) The changes in law made by this Act relating to the
67-12 reinstatement of a driver's license apply only to a driver's
67-13 license that is reinstated on or after September 1, 1993.
67-14 SECTION 30. In making the three new initial appointments to
67-15 the Public Safety Commission authorized by this Act, the governor
67-16 shall designate one member for a term expiring January 1, 1994, one
67-17 member for a term expiring January 1, 1996, and one member for a
67-18 term expiring January 1, 1998.
67-19 SECTION 31. The importance of this legislation and the
67-20 crowded condition of the calendars in both houses create an
67-21 emergency and an imperative public necessity that the
67-22 constitutional rule requiring bills to be read on three several
67-23 days in each house be suspended, and this rule is hereby suspended.