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.