By: Moncrief S.B. No. 510
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the continuation and operation of the Department of
1-2 Public Safety, to the access that entities have to criminal history
1-3 record information maintained by the department and certain other
1-4 criminal justice agencies, and to the transfer of responsibility
1-5 for law enforcement in the Capitol Complex from the General
1-6 Services Commission to the Department of Public Safety; creating
1-7 offenses; providing penalties.
1-8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-9 SECTION 1. Subsection (c), Section 411.002, Government Code,
1-10 is amended to read as follows:
1-11 (c) The Department of Public Safety of the State of Texas is
1-12 subject to Chapter 325 (Texas Sunset Act). Unless continued in
1-13 existence as provided by that chapter, the department is abolished
1-14 and Subsections (a) and (b) expire September 1, 2005 <1993>.
1-15 SECTION 2. Section 411.003, Government Code, is amended by
1-16 amending Subsections (b) and (d) and adding Subsection (f) to read
1-17 as follows:
1-18 (b) The commission is composed of three citizens of this
1-19 state appointed by the governor with the advice and consent of the
1-20 senate. Members must be selected because of their peculiar
1-21 qualifications for the position. Appointments to the commission
1-22 shall be made without regard to race, color, disability, sex,
1-23 religion, age, or national origin. In making an appointment the
1-24 governor shall consider, among other things, the person's knowledge
2-1 of laws, experience in the enforcement of law, honesty, integrity,
2-2 education, training, and executive ability.
2-3 (d) The governor shall designate one member of the
2-4 commission as chairman of the commission to serve in that capacity
2-5 at the pleasure of the governor <commission annually shall elect a
2-6 member to serve as chairman>. The commission shall meet at the
2-7 times and places specified by commission rule or at the call of the
2-8 chairman or any two members.
2-9 (f) The commission shall develop and implement policies that
2-10 provide the public with a reasonable opportunity to appear before
2-11 the commission and to speak on any issue under the jurisdiction of
2-12 the commission.
2-13 SECTION 3. Section 411.004, Government Code, is amended to
2-14 read as follows:
2-15 Sec. 411.004. DUTIES AND POWERS OF COMMISSION. The
2-16 commission shall:
2-17 (1) formulate plans and policies for:
2-18 (A) enforcement of state criminal, traffic, and
2-19 safety laws;
2-20 (B) prevention of crime;
2-21 (C) detection and apprehension of persons who
2-22 violate laws; and
2-23 (D) education of citizens of this state in the
2-24 promotion of public safety and the observance of law;
2-25 (2) organize the department and supervise its
2-26 operation;
2-27 (3) adopt rules considered necessary for carrying out
3-1 the department's work;
3-2 (4) maintain records of all proceedings and official
3-3 orders; <and>
3-4 (5) biennially submit a report of its work to the
3-5 governor and legislature, including the commission's and director's
3-6 recommendations; and
3-7 (6) provide to its members, as often as necessary,
3-8 information regarding their qualifications for office under this
3-9 chapter and their responsibilities under applicable laws relating
3-10 to standards of conduct for state officers.
3-11 SECTION 4. Subchapter A, Chapter 411, Government Code, is
3-12 amended by adding Section 411.0035 to read as follows:
3-13 Sec. 411.0035. MEMBER AND GENERAL COUNSEL RESTRICTION. A
3-14 person may not serve as a member of the commission or act as the
3-15 general counsel to the commission if the person is required to
3-16 register as a lobbyist under Chapter 305 because of the person's
3-17 activities for compensation on behalf of a profession related to
3-18 the operation of the commission.
3-19 SECTION 5. Subchapter A, Chapter 411, Government Code, is
3-20 amended by adding Section 411.0036 to read as follows:
3-21 Sec. 411.0036. REMOVAL OF COMMISSION MEMBER. (a) It is a
3-22 ground for removal from the commission if a member:
3-23 (1) does not have at the time of appointment the
3-24 qualifications required by Section 411.003;
3-25 (2) does not maintain during service on the
3-26 commission the qualifications required by Section 411.003;
3-27 (3) violates a prohibition established by Section
4-1 411.0035;
4-2 (4) cannot discharge the member's duties for a
4-3 substantial part of the term for which the member is appointed
4-4 because of illness or disability; or
4-5 (5) is absent from more than half of the regularly
4-6 scheduled commission meetings that the member is eligible to attend
4-7 during a calendar year unless the absence is excused by majority
4-8 vote of the commission.
4-9 (b) The validity of an action of the commission is not
4-10 affected by the fact that it is taken when a ground for removal of
4-11 a commission member exists.
4-12 (c) If the director has knowledge that a potential ground
4-13 for removal exists, the director shall notify the chairman of the
4-14 commission of the ground. The chairman shall then notify the
4-15 governor that a potential ground for removal exists.
4-16 SECTION 6. Subsection (f), Section 411.007, Government Code,
4-17 is amended to read as follows:
4-18 (f) The commission shall establish grades and positions for
4-19 the department. For each grade and position the commission shall
4-20 designate the authority and responsibility within the limits of
4-21 this chapter, set standards of qualifications, and fix
4-22 prerequisites of training, education, and experience. The
4-23 commission shall adopt necessary rules for the appointment,
4-24 promotion, reduction, suspension, and discharge of all employees
4-25 after hearing before the commission. A discharged officer or
4-26 employee is entitled, on application to the commission, to a public
4-27 hearing before the commission, who shall affirm or set aside the
5-1 discharge. A person inducted into the service of the department is
5-2 on probation for the first one year <six months> of service and at
5-3 any time during that period may be discharged without the public
5-4 hearing provided for by this subsection if the director, with the
5-5 advice and consent of the commission, finds the person to be
5-6 unsuitable for the work.
5-7 SECTION 7. Subchapter A, Chapter 411, Government Code, is
5-8 amended by adding Sections 411.0075 and 411.0076 to read as
5-9 follows:
5-10 Sec. 411.0075. PERSONNEL POLICIES. (a) The director or the
5-11 director's designee shall develop an intraagency career ladder
5-12 program. The program shall require intraagency postings of all
5-13 non-entry-level positions concurrently with any public posting.
5-14 (b) The director or the director's designee shall prepare
5-15 and maintain a written policy statement to assure implementation of
5-16 a program of equal employment opportunity under which all personnel
5-17 transactions are made without regard to race, color, disability,
5-18 sex, religion, age, or national origin. The policy statement must
5-19 include:
5-20 (1) personnel policies, including policies related to
5-21 recruitment, evaluation, selection, appointment, training, and
5-22 promotion of personnel;
5-23 (2) a comprehensive analysis of the department work
5-24 force that meets federal and state guidelines;
5-25 (3) procedures by which a determination can be made of
5-26 significant underuse in the department work force of all persons
5-27 for whom federal or state guidelines encourage a more equitable
6-1 balance; and
6-2 (4) reasonable methods to appropriately address those
6-3 areas of significant underuse.
6-4 (c) A policy statement prepared under Subsection (b) of this
6-5 section must cover an annual period, be updated at least annually,
6-6 and be filed with the governor's office.
6-7 (d) The governor's office shall deliver a biennial report to
6-8 the legislature based on the information received under Subsection
6-9 (c) of this section. The report may be made separately or as a
6-10 part of other biennial reports made to the legislature.
6-11 Sec. 411.0076. MINORITY RECRUITING. (a) The department
6-12 shall continue to place emphasis on minority recruiting and hiring
6-13 efforts for noncommissioned positions.
6-14 (b) The department's minority recruiter and equal employment
6-15 opportunity positions created for personnel and equal employment
6-16 opportunity matters shall continue to pertain to both commissioned
6-17 and noncommissioned employees.
6-18 (c) The department by September, 1994, shall study job
6-19 requirements for all noncommissioned positions and thereafter shall
6-20 limit promotion-from-within only to positions where department
6-21 experience is essential for reasonable job performance.
6-22 SECTION 8. Subchapter A, Chapter 411, Government Code, is
6-23 amended by adding Section 411.0095 to read as follows:
6-24 Sec. 411.0095. MEMORANDUM OF UNDERSTANDING WITH CRIMINAL
6-25 JUSTICE DIVISION OF THE OFFICE OF THE GOVERNOR. (a) The
6-26 department and the office of the governor, criminal justice
6-27 division, by rule shall adopt a joint memorandum of understanding
7-1 on coordinating the drug law enforcement efforts of the department
7-2 and the criminal justice division.
7-3 (b) The memorandum of understanding shall:
7-4 (1) provide that the department shall advise the
7-5 criminal justice division about the statewide drug policy planning
7-6 efforts of the division;
7-7 (2) provide for representation by the department on
7-8 any advisory board advising the governor about drug policy;
7-9 (3) require the criminal justice division and the
7-10 department to define their respective roles relating to drug task
7-11 forces;
7-12 (4) require the criminal justice division and the
7-13 department to jointly determine the areas of law enforcement focus
7-14 for drug task force efforts; and
7-15 (5) require the criminal justice division and the
7-16 department to jointly develop guidelines and procedures to govern
7-17 drug task force operations that are funded by the state.
7-18 (c) The criminal justice division and the department shall
7-19 update and revise the memorandum of understanding as necessary and
7-20 by rule adopt all revisions to the memorandum.
7-21 (d) The criminal justice division shall prepare the initial
7-22 draft of the memorandum of understanding not later than January 1,
7-23 1994. This subsection expires January 2, 1994.
7-24 SECTION 9. Section 411.013, Government Code, is amended by
7-25 adding Subsection (d) to read as follows:
7-26 (d) The department shall file annually with the governor and
7-27 the presiding officer of each house of the legislature a complete
8-1 and detailed written report accounting for all funds received and
8-2 disbursed by the commission during the preceding fiscal year. The
8-3 annual report must be in the form and reported in the time provided
8-4 by the General Appropriations Act.
8-5 SECTION 10. Subchapter A, Chapter 411, Government Code, is
8-6 amended by adding Sections 411.0195 and 411.0196 to read as
8-7 follows:
8-8 Sec. 411.0195. PUBLIC COMPLAINTS. (a) The department shall
8-9 prepare information of public interest describing the functions of
8-10 the department and the department's procedures by which complaints
8-11 are filed with and resolved by the department. The department
8-12 shall make the information available to the public and appropriate
8-13 state agencies.
8-14 (b) The director by rule shall establish methods by which
8-15 consumers and service recipients are notified of the name, mailing
8-16 address, and telephone number of the department for the purpose of
8-17 directing complaints to the department.
8-18 (c) The department shall keep an information file about each
8-19 complaint filed with the department that the department has
8-20 authority to resolve.
8-21 (d) If a written complaint is filed with the department that
8-22 the department has authority to resolve, the department, at least
8-23 quarterly and until final disposition of the complaint, shall
8-24 notify the parties to the complaint of the status of the complaint
8-25 unless the notice would jeopardize an undercover investigation.
8-26 Sec. 411.0196. ACCESS TO PROGRAMS. The department shall
8-27 prepare and maintain a written plan that describes how a person who
9-1 does not speak English or who has a physical, mental, or
9-2 developmental disability can be provided reasonable access to the
9-3 department's programs.
9-4 SECTION 11. Section 411.021, Government Code, is amended to
9-5 read as follows:
9-6 Sec. 411.021. Composition. The Texas Rangers are a major
9-7 division of the department consisting of <six captains, one
9-8 headquarters sergeant, and> the number of rangers <privates>
9-9 authorized by the legislature<, except that in case of an emergency
9-10 the commission, with the governor's consent, may increase the force
9-11 to meet extraordinary conditions>. The highest ranking officer of
9-12 the Texas Rangers is responsible to and reports directly to the
9-13 director. Officers are entitled to compensation as provided by the
9-14 legislature.
9-15 SECTION 12. Subchapter B, Chapter 411, Government Code, is
9-16 amended by adding Sections 411.0221, 411.0222, and 411.0223 to read
9-17 as follows:
9-18 Sec. 411.0221. QUALIFICATIONS. (a) To be commissioned as
9-19 an officer of the Texas Rangers, a person must:
9-20 (1) have at least eight years of experience as a
9-21 full-time, paid peace officer, including at least four years of
9-22 experience in the department; and
9-23 (2) be a commissioned member of the department.
9-24 (b) The Texas Rangers is an equal employment opportunity
9-25 employer; all personnel decisions shall be made without regard to
9-26 race, color, sex, national origin, or religion.
9-27 Sec. 411.0222. ELIGIBILITY FOR PROMOTION. Except as
10-1 provided by Section 411.0223, an officer of the Texas Rangers is
10-2 eligible for promotion only if the officer has served in the next
10-3 lower position for at least two years before the date of promotion.
10-4 Sec. 411.0223. APPOINTMENT OF HIGHEST-RANKING OFFICERS.
10-5 (a) Except as provided by Subsection (c), an officer is eligible
10-6 for appointment by the director to the highest rank of the Texas
10-7 Rangers only if the officer has at least five years of supervisory
10-8 experience as a commissioned member of the Texas Rangers.
10-9 (b) Except as provided by Subsection (c), an officer is
10-10 eligible for appointment by the director to the second highest rank
10-11 of the Texas Rangers only if the officer has at least four years of
10-12 supervisory experience as a commissioned member of the Texas
10-13 Rangers.
10-14 (c) If there are less than two qualified officers for
10-15 appointment to the highest rank or the second highest rank of the
10-16 Texas Rangers, the director may appoint an officer to the highest
10-17 rank or the second highest rank only if the officer has at least
10-18 two years of supervisory experience as a commissioned member of the
10-19 Texas Rangers.
10-20 SECTION 13. Subsections (d) and (g), Section 411.042,
10-21 Government Code, are amended to read as follows:
10-22 (d) The department may charge each person and charge each
10-23 entity or agency that is not primarily a criminal justice agency a
10-24 fee for processing inquiries for <criminal history records and
10-25 other> information that is not criminal history record information
10-26 regarding a person. A person, entity, or agency that receives
10-27 information must be entitled to receive the information under state
11-1 or federal statutes, rules, regulations, or case law. The
11-2 department may charge<:>
11-3 <(1) a fee of $10 for each inquiry for criminal
11-4 history records information on a person that is processed only on
11-5 the basis of the person's name, unless the inquiry is submitted
11-6 electronically or by magnetic media, in which case the fee is $1;>
11-7 <(2) a fee of $15 for each inquiry for criminal
11-8 history records information on a person that is processed on the
11-9 basis of a fingerprint comparison search; and>
11-10 <(3)> actual costs for processing all <other
11-11 information> inquiries under this section.
11-12 (g) The department may adopt reasonable rules under this
11-13 section relating to:
11-14 (1) law enforcement information systems maintained by
11-15 the department;
11-16 (2) the collection, maintenance, and correction of
11-17 records; and
11-18 (3) reports of criminal history information submitted
11-19 to the department<;>
11-20 <(4) access to criminal history information maintained
11-21 by the department; and>
11-22 <(5) the type and format of information and the means
11-23 of identification of a requesting person, entity, or agency
11-24 required by the department as a condition of releasing criminal
11-25 history records information>.
11-26 SECTION 14. Chapter 411, Government Code, is amended by
11-27 adding Subchapter E to read as follows:
12-1 SUBCHAPTER E. CAPITOL COMPLEX
12-2 Sec. 411.061. DEFINITION. (a) In this subchapter, "Capitol
12-3 Complex" means property that is:
12-4 (1) located in Austin, Texas, in the area bounded on
12-5 the north by Martin Luther King, Jr., Boulevard, on the east by
12-6 Trinity Street, on the south by 10th Street, and on the west by
12-7 Lavaca Street, and including the William P. Clements State Office
12-8 Building located at 300 West 15th Street. The term shall also
12-9 apply to other locations under the jurisdiction of the capitol
12-10 police district as may be approved by the director; and
12-11 (2) owned by or under the control of the state.
12-12 (b) The provisions of this subchapter do not apply to the
12-13 property or parking facility under the management and control of
12-14 the Texas Employment Commission and located within the bounds set
12-15 forth in Subsection (a).
12-16 Sec. 411.062. LAW ENFORCEMENT AND SECURITY AUTHORITY.
12-17 (a) The department has primary responsibility for law enforcement
12-18 and security services on the Capitol Complex.
12-19 (b) Subsection (a) does not prohibit the department from
12-20 requesting or receiving assistance from another law enforcement
12-21 agency.
12-22 (c) This section does not prohibit a peace officer who is
12-23 not a member of the department from exercising the officer's
12-24 authority on the Capitol Complex in an emergency or in a situation
12-25 where the officer reasonably believes that immediate action is
12-26 necessary.
12-27 (d) The department shall adopt rules relating to security of
13-1 persons and access to and protection of the grounds, public
13-2 buildings, and property of the state within the Capitol Complex,
13-3 except that public use of the capitol, the capitol extension, the
13-4 capitol grounds, and the General Land Office building shall be
13-5 governed by the State Preservation Board.
13-6 (e) The department may enforce the rules of the State
13-7 Preservation Board, adopted under Section 443.018.
13-8 Sec. 411.063. RULES RELATING TO PARKING AND VEHICLES.
13-9 (a) The department shall adopt rules for the safe movement and the
13-10 parking of vehicles in the Capitol Complex.
13-11 (b) Rules adopted under this section may:
13-12 (1) regulate the flow and direction of vehicular
13-13 traffic;
13-14 (2) designate, mark, and assign areas and spaces for
13-15 parking for elected state officials, chief executives and employees
13-16 of state agencies located in the Capitol Complex, state-owned
13-17 vehicles, business vehicles, and visitors to the Capitol Complex;
13-18 (3) establish a system of registration for vehicle
13-19 identification;
13-20 (4) prohibit or restrict the use of areas and spaces
13-21 for parking;
13-22 (5) establish a reasonable fee for parking in a
13-23 parking space on a parking lot or in a parking garage that is
13-24 located in the Capitol Complex, other than a space in the capitol
13-25 driveway or capitol extension garage; and
13-26 (6) provide for the towing and storing, at the expense
13-27 of the owner, of a vehicle parked in violation of a rule.
14-1 (c) Rules that govern parking in the parking spaces in the
14-2 capitol driveways and the parking lots and parking garages near the
14-3 capitol, to the extent that parking in such places is not regulated
14-4 by the State Preservation Board, shall provide for:
14-5 (1) assigning and marking reserved parking spaces for
14-6 the unrestricted use of the governor, lieutenant governor, speaker
14-7 of the house of representatives, and secretary of state;
14-8 (2) when the legislature is in session, assigning and
14-9 marking reserved parking spaces requested by each house of the
14-10 legislature for the unrestricted use of members and administrative
14-11 staff of the legislature; and
14-12 (3) when the legislature is not in session, assigning
14-13 and marking parking spaces requested by each house of the
14-14 legislature for the use of members and administrative staff of the
14-15 legislature.
14-16 (d) The department shall remit to the comptroller for
14-17 deposit to the credit of State Parking Fund No. 125 any fee
14-18 collected for the parking of a vehicle in the Capitol Complex.
14-19 Money in the fund may be appropriated only to the department for
14-20 the operation, maintenance, and improvement of state parking
14-21 facilities on the Capitol Complex.
14-22 Sec. 411.064. ASSISTANCE OF TEXAS DEPARTMENT OF
14-23 TRANSPORTATION OR GENERAL SERVICES COMMISSION. (a) On request of
14-24 the department, the Texas Department of Transportation and the
14-25 General Services Commission shall:
14-26 (1) assist the department in the marking and
14-27 designation of parking lots, parking garages, and parking spaces;
15-1 (2) maintain the painting of lines and curb markings;
15-2 and
15-3 (3) furnish and erect direction and information signs.
15-4 (b) The department may recover the cost of providing the
15-5 services described in Subsection (a) from the agency or agencies
15-6 for which the service was provided. To the extent that either the
15-7 General Services Commission or the Texas Department of
15-8 Transportation provides or assists in providing the services
15-9 described in Subsection (a), that agency shall be reimbursed by the
15-10 department from its funds or the funds received from another agency
15-11 under this subsection.
15-12 Sec. 411.065. OFFENSES. (a) A person commits an offense if
15-13 the person:
15-14 (1) drives or operates a motor vehicle at a speed
15-15 greater than 15 miles per hour in the Capitol Complex; or
15-16 (2) violates a rule of the department adopted under
15-17 Section 411.062 or 411.063.
15-18 (b) An offense under this section is a Class C misdemeanor.
15-19 Sec. 411.066. JURISDICTION. The municipal court of a
15-20 municipality and the justice courts of a county in which an offense
15-21 under Section 411.065 was committed have concurrent original
15-22 jurisdiction over such an offense.
15-23 Sec. 411.067. ADMINISTRATIVE PARKING VIOLATIONS. (a) The
15-24 department shall have authority to adopt rules for the assessment
15-25 of an administrative fine of $10 for violations of the parking
15-26 rules adopted under Section 411.063. Notwithstanding the
15-27 provisions of Sections 411.065 and 411.066, the department may in
16-1 its discretion issue an administrative citation for a parking
16-2 violation.
16-3 (b) Rules adopted under this section shall:
16-4 (1) establish a system for enforcement of
16-5 administrative citations including but not limited to assessment of
16-6 a late fee not to exceed $2 and towing, impoundment, or
16-7 immobilization of vehicles; and
16-8 (2) provide for a procedure of administrative review
16-9 within the capitol police district and, on request of the person
16-10 assessed an administrative fine, further judicial review by the
16-11 department filing the appropriate citation or complaint in a court
16-12 of competent jurisdiction, as provided in Section 411.066.
16-13 (c) The administrative review provided for in Subsection (b)
16-14 shall not be considered a contested case under the Administrative
16-15 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
16-16 Civil Statutes) or Chapter 591, Acts of the 72nd Legislature,
16-17 Regular Session, 1991 (Article 6252-13f, Vernon's Texas Civil
16-18 Statutes).
16-19 (d) The department shall remit to the comptroller for
16-20 deposit in the general revenue fund any administrative fine
16-21 received under this section. Such revenues may be appropriated
16-22 only to the department for capitol police security and parking.
16-23 (Sections 411.068 to 411.080 reserved for expansion.
16-24 SECTION 15. Article 18.20, Code of Criminal Procedure, is
16-25 amended by adding Section 18 to read as follows:
16-26 Sec. 18. This article expires September 1, 2005.
16-27 SECTION 16. Section 16.02, Penal Code, is amended by adding
17-1 Subsection (j) to read as follows:
17-2 (j) This section expires September 1, 2005.
17-3 SECTION 17. The title of Chapter 16, Penal Code, is amended
17-4 to read as follows:
17-5 CHAPTER 16. CRIMINAL INSTRUMENTS AND OFFENSES INVOLVING
17-6 CERTAIN COMMUNICATIONS <INTERCEPTION OF WIRE OR ORAL
17-7 COMMUNICATION>
17-8 SECTION 18. Section 1, Chapter 587, Acts of the 69th
17-9 Legislature, Regular Session, 1985, is repealed.
17-10 SECTION 19. Section 481.063, Health and Safety Code, is
17-11 amended by adding Subsection (i) to read as follows:
17-12 (i) For good cause shown, the director may probate the
17-13 denial of an application for registration. If a denial of an
17-14 application is probated, the director may require the person to
17-15 report regularly to the department on matters that are the basis of
17-16 the probation or may limit activities of the person to those
17-17 prescribed by the director, or both.
17-18 SECTION 20. Section 4.12, State Purchasing and General
17-19 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
17-20 amended to read as follows:
17-21 Sec. 4.12. OFFICE SPACE FOR DEPARTMENT OF PUBLIC SAFETY
17-22 <PROTECTION OF STATE BUILDINGS AND GROUNDS; REGULATION OF PARKING>.
17-23 <(a) It shall be unlawful for any person to trespass upon the
17-24 grass plots or flowerbeds, or to damage or deface any of the
17-25 buildings, or cut down, deface, mutilate, or otherwise injure any
17-26 of the statues, monuments, memorials, trees, shrubs, grasses, or
17-27 flowers on the grounds or commit any other trespass upon any
18-1 property of the state, real or personal, located on the grounds of
18-2 the state capitol, the governor's mansion, or other property owned
18-3 by the State of Texas known as the capitol complex, in the area
18-4 bounded on the south by Tenth Street, on the north by Martin Luther
18-5 King Boulevard, on the west by Lavaca Street, and on the east by
18-6 Trinity Street in the City of Austin; or on any other state-owned
18-7 property under the charge and control of the commission whether or
18-8 not located in the City of Austin.>
18-9 <(b) It is an offense to park a vehicle in a place other
18-10 than a space marked and designated for parking by the commission or
18-11 to block or impede traffic on the driveways of property owned or
18-12 leased by the state in the area described in Subsection (a) of this
18-13 section. The commission may regulate the flow and direction of
18-14 traffic in the capitol complex and may erect the structures
18-15 necessary to implement this authority.>
18-16 <(c)(1) When the legislature is in session, the commission
18-17 shall assign and mark, for unrestricted use by members and
18-18 administrative staff of the legislature, the reserved parking
18-19 spaces in the capitol complex requested by the respective houses of
18-20 the legislature. A request for parking spaces reserved pursuant to
18-21 this subsection shall be limited to spaces in the capitol driveways
18-22 and the additional spaces in state parking lots proximately located
18-23 to the capitol.>
18-24 <(2) When the legislature is not in session, the
18-25 commission shall, at the request of the respective legislative
18-26 bodies, assign and mark the spaces requested for use by members and
18-27 administrative staff of the legislature, in the areas described in
19-1 Subsection (c)(1) of this section.>
19-2 <(3) The commission shall assign and mark reserved
19-3 parking spaces on the capitol driveways for the governor,
19-4 lieutenant governor, speaker of the house, and secretary of state
19-5 for their unrestricted use.>
19-6 <(4) The commission may assign parking spaces to
19-7 elected state officials and appointed heads of state agencies who
19-8 occupy space in state buildings located within the bounds set forth
19-9 in Subsection (a) of this section.>
19-10 <(5) If spaces are available, the commission shall
19-11 assign parking spaces to handicapped state employees. All
19-12 remaining parking facilities under charge and control of the
19-13 commission in the area described in Subsection (a) of this section
19-14 may be made available by the commission for use by the state
19-15 employees working for agencies housed within that area as pursuant
19-16 to Subsection (c)(7) of this section.>
19-17 <(6) The commission may designate and mark parking
19-18 spaces for state-owned vehicles and visitor and business parking
19-19 within the bounds set forth in Subsection (a) of this section.>
19-20 <(7) The legislature may establish in the General
19-21 Appropriations Act a charge for parking, or may also establish in
19-22 said Act that no charge be made for parking, or both, in any part
19-23 or all of a state-owned or state-leased area located within the
19-24 bounds set forth in Subsection (a) of this section. In each
19-25 biennium such a charge is established, the commission shall collect
19-26 the charge. The legislature may also establish in said Act that
19-27 parking in any part or all of such area be made available by the
20-1 commission on either an open lot parking basis or an individual
20-2 space assignment basis, or both. However, to the extent the
20-3 legislature does not make provision in each biennium for any part
20-4 or all of the area within the bounds set forth in Subsection (a) of
20-5 this section either as to parking charges or the prohibition
20-6 thereof, or as to the basis upon which parking facilities are to be
20-7 utilized, the commission may establish and collect a reasonable
20-8 monthly parking charge for parking within the bounds set forth in
20-9 Subsection (a) of this section, except those parking spaces
20-10 assigned to the respective houses of the legislature on the capitol
20-11 driveways, and may make available parking facilities in said area
20-12 on either an open lot parking basis or an individual space
20-13 assignment basis, or both.>
20-14 <(8) A person who parks an unauthorized vehicle in a
20-15 space assigned under the provisions of this section commits an
20-16 offense.>
20-17 <(9) The provisions of this subsection do not apply to
20-18 the property or the parking facility under the management and
20-19 control of the Texas Employment Commission and located within the
20-20 bounds set forth in Subsection (a) of this section.>
20-21 <(d) The commission is hereby authorized to request the
20-22 State Department of Highways and Public Transportation to assist it
20-23 in the marking and designation of such parking spaces as the
20-24 commission shall deem necessary and to maintain the painting of
20-25 lines and curb markings and furnish such directional or
20-26 informational signs as the commission shall deem necessary in the
20-27 area described in Subsection (a) of this section. The Department
21-1 of Public Safety shall provide advice and assistance to the
21-2 commission when requested and shall at all times have at least one
21-3 commissioned officer assigned to duty in the capitol area.>
21-4 <(e) It shall be unlawful to operate a motor vehicle upon
21-5 any property owned by the State of Texas within the bounds set
21-6 forth in Subsection (a) of this section at a speed in excess of 15
21-7 miles per hour. All laws regulating traffic upon highways and
21-8 streets shall apply to the operation of motor vehicles within the
21-9 prescribed areas, except as modified hereby.>
21-10 <(f) All of the general and criminal laws of the state are
21-11 declared to be in full force and effect within the areas regulated
21-12 by this section.>
21-13 <(g)(1) As of the effective date of this Act, all of the
21-14 duties, functions, positions, responsibilities, inventory,
21-15 property, and other items assigned to the Capitol Security Police
21-16 Division of the State Purchasing and General Services Commission
21-17 are transferred to the Texas Department of Public Safety.>
21-18 <(2) All employees of the Capitol Security Police
21-19 Division of the State Purchasing and General Services Commission
21-20 are eligible to apply for and may be employed by the Department of
21-21 Public Safety. Such persons must meet all Texas Department of
21-22 Public Safety requirements for employment appropriate to civilian
21-23 and mansion security officers.>
21-24 <(3) All such persons employed by the Texas Department
21-25 of Public Safety shall be entitled to have all service with the
21-26 State Purchasing and General Services Commission recognized for
21-27 purposes of establishing length of service and accrual of and
22-1 entitlement to benefits. Such service with the State Purchasing
22-2 and General Services Commission shall be aggregated with service as
22-3 employees of the Texas Department of Public Safety. Provided,
22-4 however, all such persons employed by the Texas Department of
22-5 Public Safety shall be subject to a six-month probationary period,
22-6 as provided in Section 411.007, Government Code.>
22-7 <(4) All such persons employed by the Texas Department
22-8 of Public Safety shall be assigned to a rank or position consistent
22-9 with their duties and responsibilities at the sole discretion of
22-10 the Texas Department of Public Safety. The salary for such rank or
22-11 position shall be consistent with the Texas Department of Public
22-12 Safety rules and regulations and applicable state laws.>
22-13 <(5)> The State Purchasing and General Services
22-14 Commission shall provide office space <for this operational unit>
22-15 to the <Texas> Department of Public Safety in the American Legion
22-16 Building or other suitable facility acceptable to the <Texas>
22-17 Department of Public Safety for the Capitol District.
22-18 <(6) All funds appropriated to the State Purchasing
22-19 and General Services Commission for purposes of operating the
22-20 Capitol Security Police Division are transferred to the Texas
22-21 Department of Public Safety to be used for the operation of the
22-22 unit.>
22-23 <(i) Any person who violates any of the provisions of this
22-24 section shall be guilty of a misdemeanor and upon conviction
22-25 thereof shall be punished by a fine of not more than $200. The
22-26 penalties for violation of any of the other criminal laws of the
22-27 state shall be as now provided by law.>
23-1 <(j) In connection with traffic and parking violations only,
23-2 the officers authorized to enforce the provisions of this section
23-3 shall have the authority to issue and use traffic tickets and
23-4 summons of the type now used by the city of Austin and/or the Texas
23-5 Highway Patrol with such changes as are necessitated thereby to be
23-6 prepared and furnished by the commission. Upon the issuance of any
23-7 such traffic ticket or summons the same procedures shall be
23-8 followed as now prevail in connection with the use of parking and
23-9 traffic violation tickets by the city of Austin and the Texas
23-10 Highway Patrol. Nothing herein shall restrict the application and
23-11 use of regular arrest warrants.>
23-12 <(k) The primary responsibility for enforcing the provisions
23-13 of this section shall be with the commission, which shall have
23-14 authority to promulgate rules and regulations not inconsistent with
23-15 this section or other provisions of law as it may deem necessary to
23-16 carry out the provisions of this section. Whenever the commission
23-17 shall have promulgated such a rule or regulation and has posted
23-18 signs in any of the regulated areas giving notice thereof, it shall
23-19 be unlawful for any person to violate any of the provisions of such
23-20 signs and shall constitute a misdemeanor punishable as provided in
23-21 this section.>
23-22 <(l) The judge of the municipal court and/or any justice of
23-23 the peace in Austin are each hereby separately vested with all
23-24 jurisdiction necessary to hear, try, and determine criminal cases
23-25 involving violations hereof where punishment does not exceed a fine
23-26 of $200.>
23-27 <(m) Nothing herein contained shall be construed to abridge
24-1 the authority of the commission to grant permission to use the
24-2 capitol grounds and any grounds adjacent to any state building for
24-3 such use as may be provided by preexisting law.>
24-4 SECTION 21. Section 13.09, State Purchasing and General
24-5 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
24-6 amended to read as follows:
24-7 Sec. 13.09. APPLICATION. The state agencies subject to this
24-8 article are:
24-9 (1) the Texas Department of Mental Health and Mental
24-10 Retardation;
24-11 (2) the Texas Department of Human Services;
24-12 (3) the Texas Department of Criminal Justice;
24-13 (4) the Department of Agriculture;
24-14 (5) the Central Education Agency;
24-15 (6) the Texas Higher Education Coordinating Board;
24-16 (7) the Texas Department of Transportation <State
24-17 Department of Highways and Public Transportation>; <and>
24-18 (8) the Department of Public Safety; and
24-19 (9) the commission.
24-20 SECTION 22. Subsection (c), Section 10, Chapter 173, Acts of
24-21 the 47th Legislature, Regular Session, 1941 (Article 6687b,
24-22 Vernon's Texas Civil Statutes), is amended to read as follows:
24-23 (c) The Director may certify and set standards for
24-24 certification of certain employers, governmental agencies, and
24-25 other appropriate organizations to train and test for the ability
24-26 to operate certain types or general classes of vehicles. The
24-27 Department shall set standards for the training and testing of
25-1 applicants. <The Director, in issuing the driver's licenses for
25-2 certain types or general classes of vehicles, may waive a driving
25-3 test for an applicant if the applicant has successfully completed
25-4 and passed the training and testing by the certified entity.>
25-5 SECTION 23. Sections 1A, 2, 11, and 14A, Chapter 173, Acts
25-6 of the 47th Legislature, Regular Session, 1941 (Article 6687b,
25-7 Vernon's Texas Civil Statutes), are amended to read as follows:
25-8 Sec. 1A. Rules. The Department may adopt rules that it
25-9 determines are necessary to effectively administer this Act.
25-10 Sec. 2. Drivers Must Have License. (a) No person, except
25-11 those hereinafter expressly exempted, shall drive any motor vehicle
25-12 upon a highway in this State unless such person has a valid
25-13 driver's license issued under the provisions of this Act.
25-14 (b) A judge, at his discretion, may dismiss the charge of
25-15 driving with an expired driver's license if the defendant remedies
25-16 this defect within 10 working days. Additionally, the judge, at
25-17 his discretion, may assess an administrative fee not to exceed $10
25-18 when the charge of driving with an expired driver's license has
25-19 been remedied.
25-20 (c) A person may not receive a driver's license until he
25-21 surrenders to the Department all valid driver's licenses in his
25-22 possession issued to him by this or any other state. A surrendered
25-23 license issued by another state or notification of a surrendered
25-24 driver's license shall be forwarded <returned> to the state
25-25 accompanied by a statement that the person is licensed in this
25-26 State.
25-27 (d) No person holding a driver's license duly issued under
26-1 the provisions of this Act shall be required to obtain any license
26-2 for the operation of a motor vehicle from any other State authority
26-3 or department. <Subsection (c) of Section 4 of Article 911A and
26-4 Subsection (b) of Section 4 of Article 911B, Revised Civil
26-5 Statutes, is hereby repealed.>
26-6 Sec. 11. Issuance of Driver's Licenses. (a) The Department
26-7 shall, upon payment of the required fee, issue to every qualifying
26-8 applicant a driver's license as applied for. The license shall
26-9 bear a distinguishing number assigned to the licensee by the
26-10 Department, a color photograph of the licensee, the full name, date
26-11 of birth, residence address, and a brief description of the
26-12 licensee, and either a facsimile of the signature of the licensee
26-13 or a space upon which the licensee shall write his usual signature
26-14 with pen and ink immediately upon receipt of the license. No
26-15 license shall be valid until it has been so signed by the licensee.
26-16 The Department shall indicate <print the word and number> "UNDER
26-17 21" on <across> the face of each original, renewed, or duplicate
26-18 license issued to a licensee younger than 21 years of age<,> or
26-19 shall designate and clearly mark the license as a provisional
26-20 license as provided in Section 11A of this Act.
26-21 <The words and numbers must be in red ink and must be at
26-22 least one-fourth of an inch in height.>
26-23 (b) The Department may issue a temporary license without the
26-24 photograph to out-of-state applicants, members in the Armed Forces,
26-25 and in those situations where for any other reason the Department
26-26 finds it necessary. If a temporary license is issued it shall be
26-27 valid only until the applicant shall have had time to appear and
27-1 have his picture taken and a license with his photograph issued.
27-2 (c) On all provisional licenses issued under Section 11A of
27-3 this Act, the photograph of the licensee shall show a side profile.
27-4 On all other licenses, the photograph shall show the entire face of
27-5 the licensee.
27-6 Sec. 14A. Personal identification cards; fee. (a) The
27-7 Department shall issue personal identification cards, similar in
27-8 form but distinguishable in color from drivers' licenses. The
27-9 Department shall indicate <print the word and number> "UNDER 21" on
27-10 <across> the face of each personal identification certificate
27-11 issued to a person younger than 21 years of age. Certificates
27-12 issued under authority of this section shall expire on a date
27-13 specified by the Department. <The words and numbers must be in red
27-14 ink and must be at least one-fourth of an inch in height.>
27-15 (b) Original applications and applications for renewal of
27-16 identification cards shall require information and be submitted on
27-17 a form promulgated by the Department.
27-18 (c) The Department shall levy and collect a fee of Ten
27-19 Dollars ($10.00) for preparation and issuance of a card for a
27-20 person under 65 years of age. The fee for a person 65 years of age
27-21 or older is Five Dollars ($5.00).
27-22 (d) The Department shall maintain records of card
27-23 applications in the manner required by Subsection (a) of Section 21
27-24 of this Act for license applications and may destroy identification
27-25 card records in the manner provided by Subsection (c) of that
27-26 section for license records. The Department may cancel and require
27-27 surrender of a card after determining that the holder was not
28-1 entitled to its issuance or gave incorrect or incomplete
28-2 information in making an application.
28-3 (e) An individual, corporation, or association may not deny
28-4 a person access to goods, services, or facilities, except in regard
28-5 to the operation of a motor vehicle, on the ground that the person
28-6 holds a personal identification card rather than a driver's license
28-7 or permit.
28-8 SECTION 24. Subsection (a), Section 4B, Chapter 173, Acts of
28-9 the 47th Legislature, Regular Session, 1941 (Article 6687b,
28-10 Vernon's Texas Civil Statutes), is amended to read as follows:
28-11 (a) The department may not assign a total of more than 123
28-12 <100> commissioned officers plus supervising personnel to staff
28-13 driver's license facilities.
28-14 SECTION 25. Section 22, Chapter 173, Acts of the 47th
28-15 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
28-16 Civil Statutes), is amended by amending Subsection (b) and adding
28-17 Subsection (c) to read as follows:
28-18 (b) Except for the fifth (5th), eleventh (11th), and twelfth
28-19 (12th) listed grounds in this subsection, for which the director
28-20 has authority to revoke a license, the authority to suspend the
28-21 license of any driver as authorized in this Section is granted the
28-22 director upon determining that the person:
28-23 (1) has operated a motor vehicle on a highway while
28-24 the person's license was suspended;
28-25 (2) has been responsible as a driver for any accident
28-26 resulting in death;
28-27 (3) is an habitual reckless or negligent driver of a
29-1 motor vehicle;
29-2 (4) is an habitual violator of the traffic law.
29-3 The term "habitual violator" as used herein, shall mean any
29-4 person with four (4) or more convictions arising out of different
29-5 transactions in a consecutive period of twelve (12) months, or
29-6 seven (7) or more convictions arising out of different transactions
29-7 within a period of twenty-four (24) months, such convictions being
29-8 for moving violations of the traffic laws of any <this> state or
29-9 its political subdivisions other than a violation of:
29-10 (A) Section 3 or 5, Chapter 42, General Laws,
29-11 Acts of the 41st Legislature, 2nd Called Session, 1929 (Article
29-12 6701d-11, Vernon's Texas Civil Statutes);
29-13 (B) Chapter 293, Acts of the 53rd Legislature,
29-14 Regular Session, 1953 (Article 6701d-12, Vernon's Texas Civil
29-15 Statutes);
29-16 (C) Chapter 608, Acts of the 65th Legislature,
29-17 Regular Session, 1977 (Article 6701d-12a, Vernon's Texas Civil
29-18 Statutes);
29-19 (D) Chapter 73, Acts of the 54th Legislature,
29-20 Regular Session, 1955 (Article 6701d-13, Vernon's Texas Civil
29-21 Statutes);
29-22 (E) Chapter 212, Acts of the 56th Legislature,
29-23 Regular Session, 1959 (Article 6701d-14, Vernon's Texas Civil
29-24 Statutes);
29-25 (F) Chapter 8, Acts of the 62nd Legislature,
29-26 Regular Session, 1971 (Article 6701d-17, Vernon's Texas Civil
29-27 Statutes); or
30-1 (G) Section 107C, Uniform Act Regulating Traffic
30-2 on Highways (Article 6701d, Vernon's Texas Civil Statutes);
30-3 (5) is incapable of safely driving a motor vehicle;
30-4 (6) has permitted an unlawful or fraudulent use of
30-5 such license;
30-6 (7) has committed an offense in another state, which
30-7 if committed in this State would be grounds for suspension or
30-8 revocation;
30-9 (8) has violated a restriction imposed on the use of
30-10 the license;
30-11 (9) has been responsible as a driver for any accident
30-12 resulting in serious personal injury or serious property damage;
30-13 (10) is the holder of a provisional license under
30-14 Section 11A of this Act and has been convicted of two (2) or more
30-15 moving violations committed within a period of twelve (12) months;
30-16 (11) has not complied with the terms of a citation
30-17 issued by a jurisdiction that is a member of the Nonresident
30-18 Violator Compact of 1977 for a violation to which the compact
30-19 applies;
30-20 (12) has a warrant of arrest outstanding, for failure
30-21 to appear or pay a fine on a complaint, that is issued by a
30-22 political subdivision that has contracted with the Department under
30-23 Article 6687c, Revised Statutes;
30-24 (13) has committed an offense under Section 186,
30-25 Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
30-26 Texas Civil Statutes);
30-27 (14) has failed to provide medical records or has
31-1 failed to undergo medical or other examinations as required by a
31-2 panel of the Medical Advisory Board;
31-3 (15) has failed to take, or failed to pass, any
31-4 examination required by the director under this Act; or
31-5 (16) has been reported by a court under Section 1c or
31-6 2(a), Chapter 302, Acts of the 55th Legislature, Regular Session,
31-7 1957 (Article 6701l-4, Vernon's Texas Civil Statutes), for failure
31-8 to appear or default in payment of a fine unless the court has
31-9 filed an additional report on final disposition of the case.
31-10 (c) The Department is authorized to seek the suspension of
31-11 the license of any driver who has been convicted of a violation of
31-12 the provisions of the Driver's License Compact, Article 6701d-27,
31-13 Revised Statutes. For the purposes of this Act a conviction shall
31-14 be defined in the same manner as in the Driver's License Compact.
31-15 SECTION 26. Section 23, Chapter 173, Acts of the 47th
31-16 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
31-17 Civil Statutes), is amended by amending Subsection (c) and adding
31-18 Subsection (d) to read as follows:
31-19 (c) The Department may not reinstate a license suspended
31-20 under Section 22(b)(16) of this Act until<:>
31-21 <(1)> the court that filed the report for which the
31-22 license was suspended files an additional report on final
31-23 disposition of the case<; and>
31-24 <(2) the person whose license has been suspended pays
31-25 to the Department a fee of $25 in addition to any other fees
31-26 required by law>.
31-27 (d) The Department may not reinstate a license suspended or
32-1 revoked under Section 22 of this Act unless the person whose
32-2 license was suspended or revoked makes application to the
32-3 Department for reinstatement of the person's license and pays to
32-4 the Department a reinstatement fee of $50. The Department shall
32-5 remit all fees collected under this subsection to the comptroller
32-6 for deposit in the general revenue fund.
32-7 SECTION 27. Section 26, Chapter 173, Acts of the 47th
32-8 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
32-9 Civil Statutes), is amended to read as follows:
32-10 Sec. 26. SURRENDER AND RETURN OF LICENSE. The <(a) Except
32-11 as limited by Subsection (b) of this section, the> Department, upon
32-12 suspending or revoking a license, shall require that such license
32-13 shall be surrendered to and be retained by the Department except
32-14 that at the end of the period of suspension of such license, the
32-15 license so surrendered shall be returned to the licensee.
32-16 <(b) The Department may not return a license or reinstate a
32-17 privilege to operate a motor vehicle suspended under Section
32-18 24(a-1) of this Act, unless the person whose license or privilege
32-19 was suspended makes application to the Department for reinstatement
32-20 of the person's license or privilege and, in addition to any other
32-21 fee required by law, pays to the Department a reinstatement fee of
32-22 Five Dollars ($5.00).>
32-23 <(c) Fees paid under this section shall be deposited in the
32-24 state treasury to the credit of the Operator's and Chauffeur's
32-25 License Fund and shall be appropriated only to the Department to
32-26 administer the provisions of this Act.>
32-27 SECTION 28. Section 2, Chapter 434, Acts of the 61st
33-1 Legislature, Regular Session, 1969 (Article 6701l-5, Vernon's Texas
33-2 Civil Statutes), is amended by adding Subsection (j) to read as
33-3 follows:
33-4 (j) The Texas Department of Public Safety may not reinstate
33-5 a license suspended under this section unless the person whose
33-6 license was suspended makes application to the Texas Department of
33-7 Public Safety for reinstatement of the person's license and pays to
33-8 the Texas Department of Public Safety a reinstatement fee of $50.
33-9 The Texas Department of Public Safety shall remit all fees
33-10 collected under this subsection to the comptroller for deposit in
33-11 the general revenue fund.
33-12 SECTION 29. Subsection (h), Section 13, Article 42.12, Code
33-13 of Criminal Procedure, is amended to read as follows:
33-14 (h) If a person convicted of an offense under Article
33-15 6701l-1, Revised Statutes, is punished under Subsection (c) of that
33-16 article and is placed on probation, the court shall require, as a
33-17 condition of the probation, that the defendant attend and
33-18 successfully complete before the 181st day after the day probation
33-19 is granted an educational program jointly approved by the Texas
33-20 Commission on Alcohol and Drug Abuse, the Department of Public
33-21 Safety, the Traffic Safety Section of the Texas <State> Department
33-22 of <Highways and Public> Transportation, and the community justice
33-23 assistance division of the Texas Department of Criminal Justice
33-24 <Texas Adult Probation Commission> designed to rehabilitate persons
33-25 who have driven while intoxicated. The Texas Commission on Alcohol
33-26 and Drug Abuse shall publish the jointly approved rules and shall
33-27 monitor, coordinate, and provide training to persons providing the
34-1 educational programs. The Texas Commission on Alcohol and Drug
34-2 Abuse is responsible for the administration of the certification of
34-3 approved educational programs and may charge a nonrefundable
34-4 application fee for the initial certification of approval and for
34-5 renewal of a certificate. The judge may waive the educational
34-6 program requirement, however, if the defendant by a motion in
34-7 writing shows good cause. In determining good cause, the judge may
34-8 consider but is not limited to: the offender's school and work
34-9 schedule, the offender's health, the distance that the offender
34-10 must travel to attend an educational program, and the fact that the
34-11 offender resides out of state, has no valid driver's license, or
34-12 does not have access to transportation. The judge shall set out
34-13 the finding of good cause in the judgment. If a person is
34-14 required, as a condition of probation, to attend an educational
34-15 program, the court clerk shall immediately report that fact to the
34-16 Department of Public Safety, on a form prescribed by the
34-17 department, for inclusion in the person's driving record. The
34-18 report must include the beginning date of the person's probation.
34-19 Upon the successful completion of the educational program, the
34-20 person shall give notice to the probation department. The
34-21 probation department shall then forward the notice to the court
34-22 clerk. The court clerk shall then report the date of successful
34-23 completion of the educational program to the Department of Public
34-24 Safety for inclusion in the person's driving record. If the
34-25 department does not receive notice that a person required to
34-26 complete an educational program has successfully completed the
34-27 program within the period required by this section, as shown on
35-1 department records, the department shall suspend the person's
35-2 driver's license, permit, or privilege or prohibit the person from
35-3 obtaining a license or permit, as provided by Section 24(g)(2),
35-4 Chapter 173, Acts of the 47th Legislature, Regular Session, 1941
35-5 (Article 6687b, Vernon's Texas Civil Statutes). The department may
35-6 not reinstate a license suspended under this subsection unless the
35-7 person whose license was suspended makes application to the
35-8 department for reinstatement of the person's license and pays to
35-9 the department a reinstatement fee of $50. The department shall
35-10 remit all fees collected under this subsection to the comptroller
35-11 for deposit in the general revenue fund. This subsection does not
35-12 apply to a defendant if a jury recommends probation for the
35-13 defendant and also recommends that the defendant's driver's license
35-14 not be suspended.
35-15 SECTION 30. Subsection (f), Section 141, Uniform Act
35-16 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
35-17 Statutes), is amended to read as follows:
35-18 (f) The Director may deny an application for a license, <or>
35-19 revoke or suspend an outstanding certificate of any inspection
35-20 station or the certificate of any person to inspect vehicles, place
35-21 on probation the holder of the certificate that has been suspended,
35-22 or reprimand the holder of a certificate, in addition to action
35-23 taken under Subsection (g) of this section, for any of the
35-24 following reasons:
35-25 (1) issuing a certificate without required
35-26 adjustments, corrections, or repairs having been made when an
35-27 inspection disclosed the necessity for those adjustments,
36-1 corrections, or repairs;
36-2 (2) refusing to allow the owner of the vehicle to have
36-3 required corrections or adjustments made by any qualified person he
36-4 may choose;
36-5 (3) issuing an inspection certificate without having
36-6 made an inspection of the vehicle;
36-7 (4) knowingly or wilfully issuing an inspection
36-8 certificate for a vehicle without the required items of inspection
36-9 or with items which were not at the time of issuance in good
36-10 condition and in conformity with the laws of this state or in
36-11 compliance with rules of the Commission;
36-12 (5) charging more than the required inspection fee;
36-13 (6) issuing an inspection certificate without being
36-14 certified to do so by the Department;
36-15 (7) proof of unfitness of applicant or licensee under
36-16 standards set out in this Act or in Commission rules;
36-17 (8) material misrepresentation in any application or
36-18 any other information filed under this Act or Commission rules;
36-19 (9) wilful failure to comply with this Act or any rule
36-20 promulgated by the Commission under the provisions of this Act;
36-21 (10) failure to maintain the qualifications for a
36-22 license; or
36-23 (11) any act or omission by the licensee, his agent,
36-24 servant, employee, or person acting in a representative capacity
36-25 for the licensee which act or omission would be cause to deny,
36-26 revoke, or suspend a license to an individual licensee.
36-27 If the holder of a suspended certificate is placed on
37-1 probation, the Director may require the holder of the certificate
37-2 to report regularly to the Department on matters that are the basis
37-3 of the probation.
37-4 When there is cause to deny an application for a certificate
37-5 of any inspection station or the certificate of any person to
37-6 inspect vehicles or revoke or suspend the outstanding certificate,
37-7 the Director shall, in less than thirty (30) days before refusal,
37-8 suspension, or revocation action is taken, notify the person, in
37-9 writing, in person, or by certified mail at the last address
37-10 supplied to the Department by the person, of the impending refusal,
37-11 suspension, or revocation, the reasons for taking that action, and
37-12 of his right to an administrative hearing for the purpose of
37-13 determining whether or not the evidence is sufficient to warrant
37-14 the refusal, suspension, or revocation action proposed to be taken
37-15 by the Director. If, within twenty (20) days after the personal
37-16 notice of the notice is sent or notice has been deposited in the
37-17 United States mail, the person has not made a written request to
37-18 the Director for this administrative hearing, the Director, without
37-19 a hearing, may suspend or revoke or refuse to issue any
37-20 certificate. On receipt by the Director of a written request of
37-21 the person within the twenty-day (20-day) period, an opportunity
37-22 for an administrative hearing shall be afforded as early as is
37-23 practicable. In no case shall the hearing be held less than ten
37-24 (10) days after written notification, including a copy of the
37-25 charges, is given the person by personal service or by certified
37-26 mail sent to the last address supplied to the Department by the
37-27 applicant or certificate holder. The administrative hearing in
38-1 these cases shall be before the Director or his designee. The
38-2 Director or his designee shall conduct the administrative hearing
38-3 and may administer oaths and issue subpoenas for the attendance of
38-4 witnesses and the production of relevant books, papers, or
38-5 documents. On the basis of the evidence submitted at the hearing,
38-6 the Director acting for himself or upon the recommendation of his
38-7 designee may refuse the application or suspend or revoke the
38-8 certificate.
38-9 Any person dissatisfied with the action of the Director,
38-10 without filing a motion for rehearing, may appeal the action of the
38-11 Director by filing a petition within thirty (30) days after the
38-12 action is taken in a district court in the county where the person
38-13 resides or in a district court of Travis County, and the court is
38-14 vested with jurisdiction, and it shall be the duty of the court to
38-15 set the matter for hearing upon ten (10) days written notice to the
38-16 Director and the attorney representing the Director. The court in
38-17 which the petition of appeal is filed shall determine whether any
38-18 action of the Director shall be suspended pending hearing and enter
38-19 its order accordingly, which shall be operative when served upon
38-20 the Director, and the Director shall provide the attorney
38-21 representing the Director with a copy of the petition and order.
38-22 The Director shall be represented in these appeals by the district
38-23 or county attorney of the county, or the attorney general, or any
38-24 of their assistants.
38-25 SECTION 31. Subdivisions (2) and (3), Subsection (c),
38-26 Section 142, Uniform Act Regulating Traffic on Highways (Article
38-27 6701d, Vernon's Texas Civil Statutes), are amended to read as
39-1 follows:
39-2 (2) The director shall discontinue the use of
39-3 supervisory commissioned peace officers to administer the motor
39-4 vehicle inspection and maintenance program established by this
39-5 article not later than September 1, 1995.
39-6 (3) The <By September 1, 1992, the> Department shall
39-7 reduce by September 1 of each year the number of commissioned peace
39-8 officers assigned to administer the motor vehicle inspection and
39-9 maintenance program <by no less than 25 percent below the number
39-10 assigned to that duty on the effective date of this subdivision and
39-11 shall reduce the number by similar or greater percentages by
39-12 September 1 of each succeeding year> so that by September 1, 1995,
39-13 no more than 25 commissioned officers will be assigned to the
39-14 program.
39-15 SECTION 32. Title 116, Revised Statutes, is amended by
39-16 adding Article 6701d-27 to read as follows:
39-17 Art. 6701d-27. DRIVER'S LICENSE COMPACT OF 1993
39-18 Sec. 1. COMPACT. The Driver's License Compact of 1993 is
39-19 hereby enacted into law and entered into with all other
39-20 jurisdictions legally joining therein.
39-21 Sec. 2. FINDINGS AND DECLARATION OF POLICY. (a) The states
39-22 find that:
39-23 (1) the safety of their streets and highways is
39-24 materially affected by the degree of compliance with state laws and
39-25 local ordinances relating to the operation of motor vehicles;
39-26 (2) violation of such a law or ordinance is evidence
39-27 that the violator engages in conduct which is likely to endanger
40-1 the safety of persons and property; and
40-2 (3) the continuance in force of a license to drive is
40-3 predicated on compliance with laws and ordinances relating to the
40-4 operation of motor vehicles in whichever jurisdiction the vehicle
40-5 is operated.
40-6 (b) It is the policy of each of the states to:
40-7 (1) promote compliance with the laws, ordinances, and
40-8 administrative rules and regulations relating to the operation of
40-9 motor vehicles by their operators in each of the jurisdictions
40-10 where the operators drive motor vehicles; and
40-11 (2) make the reciprocal recognition of licenses to
40-12 drive and eligibility therefor more just and equitable by
40-13 considering the overall compliance with motor vehicle laws,
40-14 ordinances, and administrative rules and regulations as a condition
40-15 precedent to the continuance or issuance of any license by reason
40-16 of which the licensee is authorized or permitted to operate a motor
40-17 vehicle in any of the states.
40-18 Sec. 3. DEFINITIONS. In this compact:
40-19 (1) "Commercial driver's license" means a license
40-20 issued by a state or other jurisdiction, in accordance with the
40-21 standards contained in 49 C.F.R. Part 383, to an individual which
40-22 authorizes the individual to operate a class of commercial motor
40-23 vehicle.
40-24 (2) "Conviction" has the same meaning as provided in
40-25 Subdivision (9), Section 3, Texas Commercial Driver's License Act
40-26 (Article 6687b-2, Revised Statutes).
40-27 (3) "Executive director" means the director of the
41-1 Department of Public Safety or the equivalent officer of another
41-2 state.
41-3 (4) "Hazardous materials" has the meaning assigned by
41-4 the Hazardous Materials Transportation Act (49 U.S.C. Section 1801
41-5 et seq.).
41-6 (5) "Hazardous waste" means any material that is
41-7 subject to the Hazardous Waste Manifest Requirement of the U.S.
41-8 Environmental Protection Agency specified in 40 C.F.R. Part 262.
41-9 (6) "Home state" means the state which has issued a
41-10 license or permit and has the power to suspend or revoke use of the
41-11 license or permit to operate a motor vehicle.
41-12 (7) "License" means a license or permit to operate a
41-13 motor vehicle issued by a state.
41-14 (8) "Licensing authority" means the Department of
41-15 Public Safety or the equivalent agency of another state.
41-16 (9) "Notification" means that a document has been sent
41-17 from one jurisdiction to another notifying anyone receiving the
41-18 information of withdrawal of the driving privilege or the
41-19 restoration of the privilege.
41-20 (10) "State" means a state, territory, or possession
41-21 of the United States, the District of Columbia, or the commonwealth
41-22 of Puerto Rico.
41-23 (11) "Violation" means the commission of an offense
41-24 related to the use or operation of a motor vehicle, even if there
41-25 has been no conviction. A suspension by reason of a violation
41-26 includes a suspension for failure to appear in court or comply with
41-27 a court order or suspension for violating an implied consent law.
42-1 Sec. 4. REPORTS OF CONVICTIONS. The licensing authority of
42-2 a state shall report each conviction of a person from another state
42-3 occurring within its jurisdiction to the licensing authority of the
42-4 home state of the licensee. Such report shall clearly identify the
42-5 person convicted; describe the violation specifying the section of
42-6 the statute, code, or ordinance violated; identify the court in
42-7 which action was taken; indicate whether a plea of guilty or not
42-8 guilty was entered or the conviction was a result of the forfeiture
42-9 of bail, bond, or other security; and include any special findings
42-10 made in connection with the conviction.
42-11 Sec. 5. EFFECT OF CONVICTION. (a) The licensing authority
42-12 in the home state, for the purpose of suspension, revocation,
42-13 cancellation, denial, disqualification, or limitation of the
42-14 privilege to operate a motor vehicle, shall give the same effect to
42-15 the conduct reported pursuant to Section 4 of this Act as it would
42-16 if such conduct had occurred in the home state in the case of
42-17 conviction for:
42-18 (1) manslaughter or negligent homicide resulting from
42-19 the operation of a motor vehicle;
42-20 (2) driving a motor vehicle while under the influence
42-21 of alcoholic beverages or a narcotic to a degree which renders the
42-22 driver incapable of safely driving a motor vehicle;
42-23 (3) any felony in the commission of which a motor
42-24 vehicle is used; or
42-25 (4) failure to stop and render aid or information in
42-26 the event of a motor vehicle accident resulting in the death or
42-27 personal injury of another.
43-1 (b) As to other convictions reported pursuant to this
43-2 compact, the licensing authority in the home state shall give such
43-3 effect to the conduct as is provided by the laws of the home state.
43-4 (c) If the laws of a state do not provide for offenses or
43-5 violations denominated or described in precisely the words employed
43-6 in Subsection (a) of this section, those offenses or violations of
43-7 a substantially similar nature and the laws of that state shall be
43-8 understood to contain such provisions as may be necessary to ensure
43-9 that full force and effect is given to this compact.
43-10 Sec. 6. APPLICATIONS FOR NEW LICENSES. On receiving an
43-11 application for a license to drive, the licensing authority in a
43-12 state shall ascertain whether the applicant has ever held or is the
43-13 holder of a license to drive issued by any other state. The
43-14 licensing authority in the state where application is made shall
43-15 not issue a license to the applicant if the applicant:
43-16 (1) has held a license but the license has been
43-17 suspended by reason, in whole or in part, of a violation and the
43-18 suspension period has not terminated;
43-19 (2) has held a license but the license has been
43-20 revoked by reason, in whole or in part, of a violation and the
43-21 revocation has not terminated, except that after the expiration of
43-22 one year from the date the license was revoked the person may apply
43-23 for a new license if permitted by law; the licensing authority may
43-24 refuse to issue a license to any such applicant if, after
43-25 investigation, the licensing authority determines that it will not
43-26 be safe to grant the person the privilege of driving a motor
43-27 vehicle on the public highways; or
44-1 (3) is the holder of a license issued by another state
44-2 currently in force unless the applicant surrenders such license or
44-3 provides an affidavit prescribed by the licensing authority that
44-4 such license is no longer in the person's possession.
44-5 Sec. 7. APPLICABILITY OF OTHER LAWS. Except as expressly
44-6 required by provisions of this compact, nothing contained herein
44-7 shall be construed to affect the right of any state to apply any of
44-8 its other laws relating to licenses to drive to any person or
44-9 circumstance nor to invalidate or prevent any driver's license
44-10 agreement or other cooperative arrangement between a member state
44-11 and a nonmember state.
44-12 Sec. 8. COMPACT ADMINISTRATOR AND INTERCHANGE OF INFORMATION
44-13 AND COMPENSATION OF EXPENSES. (a) The compact administrator shall
44-14 be appointed by the executive director of the licensing authority.
44-15 A compact administrator may provide for the discharge of his duties
44-16 and the performance of his position by an alternate. The
44-17 administrators, acting jointly, shall have the power to formulate
44-18 all necessary and proper procedures for the exchange of information
44-19 under this compact.
44-20 (b) The administrator of each state shall furnish to the
44-21 administrator of each other state any information or documents
44-22 reasonably necessary to facilitate the administration of this
44-23 compact.
44-24 (c) The compact administrator provided for in this compact
44-25 shall not be entitled to any additional compensation on account of
44-26 his service as such administrator but shall be entitled to expenses
44-27 incurred in connection with his duties and responsibilities as such
45-1 administrator in the same manner as for expenses incurred in
45-2 connection with any other duties or responsibilities of his office
45-3 or employment.
45-4 Sec. 9. EFFECTIVE DATE; WITHDRAWAL FROM COMPACT. (a) This
45-5 compact shall enter into force and become effective as to any state
45-6 when it has enacted the compact into law.
45-7 (b) Any member state may withdraw from this compact by
45-8 enacting a statute repealing the compact, but no such withdrawal
45-9 shall take effect until six months after the executive director of
45-10 the withdrawing state has given notice of the withdrawal to the
45-11 executive directors of all other member states. No withdrawal
45-12 shall affect the validity or applicability by the licensing
45-13 authorities of states remaining party to the compact of any report
45-14 of conviction occurring prior to the withdrawal.
45-15 Sec. 10. RULEMAKING AUTHORITY. The licensing authority may
45-16 adopt any rules and regulations deemed necessary by the executive
45-17 director to administer and enforce the provisions of this compact.
45-18 Sec. 11. CONSTRUCTION AND SEVERABILITY. This compact shall
45-19 be liberally construed so as to effectuate the purposes thereof.
45-20 The provisions of this compact shall be severable; if any phrase,
45-21 clause, sentence, or provision of this compact is declared to be
45-22 contrary to the constitution of any state or of the United States
45-23 or the applicability thereof to any government, agency, person, or
45-24 circumstance is held invalid, the validity of the remainder of this
45-25 compact and the applicability thereof to any government, agency,
45-26 person, or circumstance shall not be affected thereby. If this
45-27 compact is held contrary to the constitution of any state party
46-1 thereto, the compact shall remain in full force and effect in the
46-2 remaining states and in full force and effect in the state affected
46-3 with regard to all severable matters.
46-4 SECTION 33. Chapter 411, Government Code, is amended by
46-5 adding Subchapter F to read as follows:
46-6 SUBCHAPTER F. CRIMINAL HISTORY RECORD INFORMATION
46-7 Sec. 411.081. APPLICATION OF SUBCHAPTER. (a) This
46-8 subchapter does not apply to criminal history record information
46-9 that is contained in:
46-10 (1) posters, announcements, or lists for identifying
46-11 or apprehending fugitives or wanted persons;
46-12 (2) original records of entry, including police
46-13 blotters maintained by a criminal justice agency that are compiled
46-14 chronologically and required by law or long-standing practice to be
46-15 available to the public;
46-16 (3) public judicial, administrative, or legislative
46-17 proceedings;
46-18 (4) court records of public judicial proceedings;
46-19 (5) published judicial or administrative opinions; or
46-20 (6) announcements of executive clemency.
46-21 (b) This subchapter does not prohibit a criminal justice
46-22 agency from disclosing to the public criminal history record
46-23 information that is related to the offense for which a person is
46-24 involved in the criminal justice system.
46-25 (c) This subchapter does not prohibit a criminal justice
46-26 agency from confirming previous criminal history record information
46-27 to any person on specific inquiry about whether a named person was
47-1 arrested, detained, indicted, or formally charged on a specified
47-2 date, if the information disclosed is based on data excluded by
47-3 Subsection (b).
47-4 Sec. 411.082. DEFINITIONS. In this subchapter:
47-5 (1) "Administration of criminal justice" has the
47-6 meaning assigned by Article 60.01, Code of Criminal Procedure.
47-7 (2) "Criminal history record information" means
47-8 information collected about a person by a criminal justice agency
47-9 that consists of identifiable descriptions and notations of
47-10 arrests, detentions, indictments, informations, and other formal
47-11 criminal charges and their dispositions. The term does not
47-12 include:
47-13 (A) identification information, including
47-14 fingerprint records, to the extent that the identification
47-15 information does not indicate involvement of the person in the
47-16 criminal justice system; or
47-17 (B) driving record information maintained by the
47-18 department under Section 21, Chapter 173, Acts of the 47th
47-19 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
47-20 Civil Statutes).
47-21 (3) "Criminal justice agency" means:
47-22 (A) a federal or state agency that is engaged in
47-23 the administration of criminal justice under a statute or executive
47-24 order and that allocates a substantial portion of its annual budget
47-25 to the administration of criminal justice; or
47-26 (B) a nongovernmental railroad or campus police
47-27 department that has obtained an originating agency identifier from
48-1 the Federal Bureau of Investigation.
48-2 (4) "Criminal justice purpose" means:
48-3 (A) an activity that is included in the
48-4 administration of criminal justice; or
48-5 (B) screening of applicants for employment with
48-6 a criminal justice agency.
48-7 Sec. 411.083. DISSEMINATION OF CRIMINAL HISTORY RECORD
48-8 INFORMATION. (a) Criminal history record information maintained
48-9 by the department is confidential information for the use of the
48-10 department and, except as provided by this subchapter, may not be
48-11 disseminated by the department.
48-12 (b) The department shall grant access to criminal history
48-13 record information to:
48-14 (1) criminal justice agencies;
48-15 (2) noncriminal justice agencies authorized by federal
48-16 statute or executive order or by state statute to receive criminal
48-17 history record information;
48-18 (3) the person who is the subject of the criminal
48-19 history record information;
48-20 (4) a person working on a research or statistical
48-21 project that:
48-22 (A) is funded in whole or in part by state
48-23 funds; or
48-24 (B) meets the requirements of Part 22, Title 28,
48-25 Code of Federal Regulations, and is approved by the department; and
48-26 (5) an individual or an agency that has a specific
48-27 agreement with a criminal justice agency to provide services
49-1 required for the administration of criminal justice under that
49-2 agreement, if the agreement:
49-3 (A) specifically authorizes access to
49-4 information;
49-5 (B) limits the use of information to the
49-6 purposes for which it is given;
49-7 (C) ensures the security and confidentiality of
49-8 the information; and
49-9 (D) provides for sanctions if a requirement
49-10 imposed under Paragraph (A), (B), or (C) is violated.
49-11 (c) The department may disseminate criminal history record
49-12 information under Subsection (b)(1) only for a criminal justice
49-13 purpose. The department may disseminate criminal history record
49-14 information under Subsection (b)(2) only for a purpose specified in
49-15 the statute or order. The department may disseminate criminal
49-16 history record information under Subsection (b)(4) or (b)(5) only
49-17 for a purpose approved by the department and only under rules
49-18 adopted by the department.
49-19 (d) The department is not required to release or disclose
49-20 criminal history record information to any person that is not in
49-21 compliance with rules adopted by the department under this
49-22 subchapter or rules adopted by the Federal Bureau of Investigation
49-23 that relate to the dissemination or use of criminal history record
49-24 information.
49-25 Sec. 411.084. USE OF CRIMINAL HISTORY RECORD INFORMATION.
49-26 Criminal history record information obtained from the department
49-27 under this subchapter:
50-1 (1) is for the exclusive use of the authorized
50-2 recipient of the information; and
50-3 (2) may be disclosed or used by the recipient only if,
50-4 and only to the extent that, disclosure or use is authorized or
50-5 directed by:
50-6 (A) this subchapter;
50-7 (B) another statute;
50-8 (C) a rule adopted under a statute; or
50-9 (D) an order of a court of competent
50-10 jurisdiction.
50-11 Sec. 411.085. UNAUTHORIZED OBTAINING, USE, OR DISCLOSURE OF
50-12 CRIMINAL HISTORY RECORD INFORMATION; PENALTY. (a) A person
50-13 commits an offense if the person knowingly or intentionally:
50-14 (1) obtains criminal history record information in an
50-15 unauthorized manner, uses the information for an unauthorized
50-16 purpose, or discloses the information to a person who is not
50-17 entitled to the information;
50-18 (2) provides a person with a copy of the person's
50-19 criminal history record information obtained from the department;
50-20 or
50-21 (3) violates a rule of the department adopted under
50-22 this subchapter.
50-23 (b) An offense under Subsection (a) is a Class B
50-24 misdemeanor, except as provided by Subsection (c).
50-25 (c) An offense under Subsection (a) is a felony of the
50-26 second degree if the person:
50-27 (1) obtains, uses, or discloses criminal history
51-1 record information for remuneration or for the promise of
51-2 remuneration; or
51-3 (2) employs another person to obtain, use, or disclose
51-4 criminal history record information for remuneration or for the
51-5 promise of remuneration.
51-6 Sec. 411.086. RULES. (a) The department shall adopt rules
51-7 to administer this subchapter.
51-8 (b) Rules adopted by the department:
51-9 (1) shall provide for a uniform method of requesting
51-10 criminal history record information from the department;
51-11 (2) may require a person requesting criminal history
51-12 record information about an individual to submit to the department
51-13 one or more of the following:
51-14 (A) the complete name, race, and sex of the
51-15 individual;
51-16 (B) any known alias name of the individual;
51-17 (C) a complete set of the individual's
51-18 fingerprints;
51-19 (D) a recent photograph of the individual;
51-20 (E) any known identifying number of the
51-21 individual, including social security number, FBI number, driver's
51-22 license number, or state identification number;
51-23 (F) the individual's date of birth;
51-24 (G) any known alias dates of birth of the
51-25 individual; or
51-26 (H) any other information the department
51-27 determines is necessary to identify the individual or the record;
52-1 (3) shall provide for the methods and formats for
52-2 dissemination of criminal history record information; and
52-3 (4) shall provide security measures and policies that
52-4 are designed to guard against unauthorized release or dissemination
52-5 of criminal history record information that is maintained or
52-6 disseminated by the department.
52-7 Sec. 411.087. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION
52-8 MAINTAINED BY FEDERAL BUREAU OF INVESTIGATION OR LOCAL CRIMINAL
52-9 JUSTICE AGENCY. (a) A person, agency, department, political
52-10 subdivision, or other entity that is authorized by this subchapter
52-11 to obtain from the department criminal history record information
52-12 maintained by the department that relates to another person is
52-13 authorized to:
52-14 (1) obtain through the Federal Bureau of Investigation
52-15 criminal history record information maintained or indexed by that
52-16 bureau that pertains to that person; or
52-17 (2) obtain from any other criminal justice agency in
52-18 this state criminal history record information maintained by that
52-19 criminal justice agency that relates to that person.
52-20 (b) Any restriction or limitation in this subchapter on
52-21 criminal history record information that a person, agency,
52-22 department, political subdivision, or other entity is entitled to
52-23 obtain from the department applies equally to the criminal history
52-24 record information that the person, agency, department, political
52-25 subdivision, or other entity is entitled to obtain from the
52-26 identification division of the Federal Bureau of Investigation or
52-27 other criminal justice agency.
53-1 (c) Subsection (a) does not authorize a person, agency,
53-2 department, political subdivision, or other entity to obtain
53-3 criminal history record information from the identification
53-4 division of the Federal Bureau of Investigation if dissemination of
53-5 criminal history record information by the division is prohibited
53-6 by federal law, executive order, or rule.
53-7 (d) A person, agency, department, political subdivision, or
53-8 other entity that is not a criminal justice agency is entitled to
53-9 obtain criminal history record information from the Federal Bureau
53-10 of Investigation only if:
53-11 (1) the requestor submits a complete set of the
53-12 individual's fingerprints and other identifying information and
53-13 pays any fee required or approved by the bureau;
53-14 (2) no disqualifying record or information from a
53-15 state or local criminal justice agency is known to the requestor;
53-16 and
53-17 (3) the request is not for the purpose of
53-18 discriminating against a person because of the person's race, sex,
53-19 age, disability, religion, color, or national origin.
53-20 (e) Subsection (a)(1) does not apply to a volunteer center
53-21 under Section 411.126.
53-22 Sec. 411.088. FEES. (a) The department may charge a person
53-23 that is not primarily a criminal justice agency a fee for
53-24 processing inquiries for criminal history record information. The
53-25 department may charge:
53-26 (1) a fee of $10 for each inquiry for criminal history
53-27 record information on a person that is processed only on the basis
54-1 of the person's name, unless the inquiry is submitted
54-2 electronically or by magnetic media, in which event the fee is $1;
54-3 (2) a fee of $15 for each inquiry for criminal history
54-4 record information on a person that is processed on the basis of a
54-5 fingerprint comparison search; and
54-6 (3) actual costs for processing all other information
54-7 inquiries.
54-8 (b) The department shall deposit all fees collected under
54-9 this section in the Operator's and Chauffeur's License Fund.
54-10 Sec. 411.089. ACCESS TO CRIMINAL HISTORY RECORD
54-11 INFORMATION: CRIMINAL JUSTICE AGENCY. (a) A criminal justice
54-12 agency is entitled to obtain from the department any criminal
54-13 history record information maintained by the department about a
54-14 person.
54-15 (b) Criminal history record information obtained under
54-16 Subsection (a) may be released by the criminal justice agency:
54-17 (1) to any other criminal justice agency, if such
54-18 release is for a criminal justice purpose; and
54-19 (2) through audio response terminals and radio
54-20 devices, whether digital or voice, if such dissemination is in
54-21 accordance with rules promulgated by the department.
54-22 Sec. 411.090. ACCESS TO CRIMINAL HISTORY RECORD
54-23 INFORMATION: CENTRAL EDUCATION AGENCY. (a) The Central Education
54-24 Agency is entitled to obtain from the department any criminal
54-25 history record information maintained by the department about a
54-26 person who has applied to the agency for a teaching certificate.
54-27 (b) Criminal history record information obtained by the
55-1 agency under Subsection (a):
55-2 (1) may be used for any purpose related to the
55-3 issuance, denial, suspension, or cancellation of a teaching
55-4 certificate issued by the agency;
55-5 (2) may not be released to any person except on court
55-6 order or with the consent of the applicant for a teaching
55-7 certificate; and
55-8 (3) shall be destroyed by the agency after the
55-9 information is used for the authorized purposes.
55-10 Sec. 411.091. ACCESS TO CRIMINAL HISTORY RECORD
55-11 INFORMATION: TEXAS ALCOHOLIC BEVERAGE COMMISSION. (a) The Texas
55-12 Alcoholic Beverage Commission is entitled to obtain from the
55-13 department criminal history record information maintained by the
55-14 department that:
55-15 (1) the commission believes is necessary for the
55-16 enforcement or administration of the Alcoholic Beverage Code; or
55-17 (2) pertains to a person who, under the Bingo Enabling
55-18 Act (Article 179d, Vernon's Texas Civil Statutes), is:
55-19 (A) an operator or an applicant to act as an
55-20 operator of bingo occasions;
55-21 (B) an officer of an organization that applies
55-22 for or holds a license to conduct bingo;
55-23 (C) a person who works at or will work at
55-24 proposed bingo games;
55-25 (D) an applicant for a license to act or a
55-26 person who holds a license to act as a commercial lessor,
55-27 manufacturer, or distributor;
56-1 (E) a spouse of or a person related in the first
56-2 degree by consanguinity or affinity, as determined under Article
56-3 5996h, Revised Statutes, to:
56-4 (i) a person who has a greater than 10
56-5 percent proprietary, equitable, or credit interest; or
56-6 (ii) a person who is an employee of or is
56-7 active in a firm or corporation applying for a license to act or a
56-8 person who holds a license to act as a commercial lessor,
56-9 manufacturer, or distributor; or
56-10 (F) a person required to be named in an
56-11 application for a license to act or a person who holds a license to
56-12 act as a commercial lessor, manufacturer, or distributor.
56-13 (b) Criminal history record information obtained by the
56-14 commission under Subsection (a)(1) may be used only for the
56-15 enforcement and administration of the Alcoholic Beverage Code.
56-16 (c) Criminal history record information obtained by the
56-17 commission under Subsection (a)(2):
56-18 (1) may be used only for the enforcement and
56-19 administration of the Bingo Enabling Act (Article 179d, Vernon's
56-20 Texas Civil Statutes); and
56-21 (2) may not be released to any person or agency except
56-22 on court order or with the written consent of the person being
56-23 investigated, unless the information is entered into evidence by
56-24 the commission at an administrative hearing under that Act.
56-25 Sec. 411.092. ACCESS TO CRIMINAL HISTORY RECORD
56-26 INFORMATION: BANKING COMMISSIONER. (a) The banking commissioner
56-27 is entitled to obtain from the department criminal history record
57-1 information maintained by the department that relates to a person
57-2 who is:
57-3 (1) an applicant for a license under Article 350,
57-4 Revised Statutes; or
57-5 (2) a principal of an applicant for a license under
57-6 that article.
57-7 (b) Criminal history record information obtained by the
57-8 commissioner under Subsection (a), except on court order or as
57-9 provided by Subsection (c), may not be released or disclosed to any
57-10 person.
57-11 (c) The commissioner is not prohibited from disclosing to
57-12 the individual who is the subject of the information the dates and
57-13 places of arrests, the offenses, and the dispositions in the
57-14 criminal history record information.
57-15 Sec. 411.093. ACCESS TO CRIMINAL HISTORY RECORD
57-16 INFORMATION: TEXAS DEPARTMENT OF LICENSING AND REGULATION.
57-17 (a) The Texas Department of Licensing and Regulation is entitled
57-18 to obtain from the department criminal history record information
57-19 maintained by the department that relates to a person who is:
57-20 (1) an applicant for a license under the Texas Boxing
57-21 and Wrestling Act (Article 8501-1, Vernon's Texas Civil Statutes);
57-22 or
57-23 (2) the holder of a license under that Act.
57-24 (b) The Texas Department of Licensing and Regulation is
57-25 entitled only to criminal history record information that relates
57-26 to the arrest or conviction of the person.
57-27 Sec. 411.094. ACCESS TO CRIMINAL HISTORY RECORD
58-1 INFORMATION: INSTITUTION OF HIGHER EDUCATION. (a) In this
58-2 section:
58-3 (1) "Institution of higher education":
58-4 (A) has the meaning assigned by Section 61.003,
58-5 Education Code; or
58-6 (B) means a private institution of higher
58-7 education that is accredited by the Commission on Colleges of the
58-8 Southern Association of Colleges and Schools.
58-9 (2) "Security-sensitive position" means employment in
58-10 an institution of higher education held by an employee who:
58-11 (A) handles currency;
58-12 (B) has access to a computer terminal;
58-13 (C) has access to a master key; or
58-14 (D) works in a location designated as a
58-15 security-sensitive area.
58-16 (b) An institution of higher education is entitled to obtain
58-17 from the department criminal history record information maintained
58-18 by the department that relates to a person who is an applicant for
58-19 a security-sensitive position.
58-20 (c) Criminal history record information obtained by an
58-21 institution of higher education under Subsection (b) may be used
58-22 only for the purpose of evaluating applicants for employment in
58-23 security-sensitive positions.
58-24 (d) Conviction information received by an institution of
58-25 higher education under Subsection (b) may not be released or
58-26 disclosed to any person except on court order.
58-27 (e) After the expiration of the probationary term of the
59-1 individual's employment, all criminal history record information
59-2 obtained about an individual under Subsection (b) shall be
59-3 destroyed by the chief of police of the institution of higher
59-4 education.
59-5 Sec. 411.095. ACCESS TO CRIMINAL HISTORY RECORD
59-6 INFORMATION: CONSUMER CREDIT COMMISSIONER. (a) The consumer
59-7 credit commissioner is entitled to obtain from the department
59-8 criminal history record information that relates to a person who
59-9 is:
59-10 (1) an applicant for a license under the Texas
59-11 Pawnshop Act (Article 5069-51.01 et seq., Vernon's Texas Civil
59-12 Statutes); or
59-13 (2) the holder of a license under that Act.
59-14 (b) The commissioner is entitled only to criminal history
59-15 record information that relates to the arrest or conviction of the
59-16 person.
59-17 Sec. 411.096. ACCESS TO CRIMINAL HISTORY RECORD
59-18 INFORMATION: TEXAS RACING COMMISSION. (a) The Texas Racing
59-19 Commission is entitled to obtain from the department criminal
59-20 history record information maintained by the department that
59-21 pertains to a person who is:
59-22 (1) appointed to the commission;
59-23 (2) an applicant for employment by the commission; or
59-24 (3) an applicant for a license under the Texas Racing
59-25 Act (Article 179e, Vernon's Texas Civil Statutes).
59-26 (b) Criminal history record information obtained by the
59-27 commission under Subsection (a) may not be released or disclosed to
60-1 any person except in a criminal proceeding, in a hearing conducted
60-2 by the commission, on court order, or with the consent of the
60-3 applicant.
60-4 Sec. 411.097. ACCESS TO CRIMINAL HISTORY RECORD
60-5 INFORMATION: SCHOOL DISTRICT. (a) In this section, "school
60-6 district" means any public school district in this state.
60-7 (b)(1) A school district is entitled to obtain from the
60-8 department criminal history record information maintained by the
60-9 department that the district is required or authorized to obtain
60-10 under Section 21.917, Education Code, that relates to a person who
60-11 is:
60-12 (A) an applicant for employment by the district;
60-13 or
60-14 (B) an employee of or an applicant for
60-15 employment with a public or commercial transportation company that
60-16 contracts with the district to provide transportation services if
60-17 the employee drives or the applicant will drive a bus in which
60-18 students of the district are transported.
60-19 (2) A school district is entitled to obtain from the
60-20 department, no more than twice each year, criminal history record
60-21 information maintained by the department that the district is
60-22 required or authorized to obtain under Section 21.917, Education
60-23 Code, that relates to a person who is a current employee of the
60-24 school district.
60-25 (c) Criminal history record information obtained by a school
60-26 district under Subsection (b) may not be released or disclosed to
60-27 any person, other than the individual who is the subject of the
61-1 information, the Central Education Agency, or a person specified in
61-2 Section 21.917(h), Education Code.
61-3 Sec. 411.0975. ACCESS TO CRIMINAL HISTORY RECORD
61-4 INFORMATION: PRIVATE SCHOOLS. (a) In this section, "private
61-5 school" means a school that:
61-6 (1) offers a course of instruction for students in one
61-7 or more grades from prekindergarten through grade 12; and
61-8 (2) is not operated by a government entity.
61-9 (b) A private school is entitled to obtain from the
61-10 department criminal history record information maintained by the
61-11 department that a school district is required to authorize to
61-12 obtain under Section 21.917, Education Code, that relates to a
61-13 person who is:
61-14 (1) an employee of the private school;
61-15 (2) an applicant for employment by the private school;
61-16 or
61-17 (3) an employee of or an applicant for employment with
61-18 a public or commercial transportation company that contracts with
61-19 the private school to provide transportation services if the
61-20 employee drives or the applicant will drive a bus in which students
61-21 of the private school are transported.
61-22 (c) Criminal history record information obtained by a
61-23 private school under Subsection (b) may not be released or
61-24 disclosed to any person, other than the individual who is the
61-25 subject of the information, the Central Education Agency, or a
61-26 person specified in Section 21.917(h), Education Code.
61-27 Sec. 411.098. ACCESS TO CRIMINAL HISTORY RECORD
62-1 INFORMATION: TEXAS SCHOOL FOR THE BLIND AND VISUALLY IMPAIRED.
62-2 (a) The governing board of the Texas School for the Blind and
62-3 Visually Impaired is entitled to obtain from the department
62-4 criminal history record information maintained by the department
62-5 that relates to a person who is an applicant for a position of
62-6 employment with the school, the duties of which include direct
62-7 delivery of care to children.
62-8 (b) Criminal history record information obtained by the
62-9 board under Subsection (a) may not be released or disclosed to any
62-10 person except on court order or as provided by Subsection (c) or
62-11 (d).
62-12 (c) The board may release to the superintendent of the
62-13 school criminal history record information that relates to:
62-14 (1) an offense classified as an offense against the
62-15 person or the family;
62-16 (2) an offense classified as public indecency; or
62-17 (3) a felony violation of any statute intended to
62-18 control the possession or distribution of a substance included in
62-19 Chapter 481, Health and Safety Code, or Section 485.033, Health and
62-20 Safety Code.
62-21 (d) The board or the superintendent of the school may
62-22 disclose to an applicant or employee who is the subject of the
62-23 information the dates and places of arrests, the offenses, and the
62-24 dispositions in the criminal history record information.
62-25 Sec. 411.099. ACCESS TO CRIMINAL HISTORY RECORD
62-26 INFORMATION: TEXAS STATE BOARD OF MEDICAL EXAMINERS. The Texas
62-27 State Board of Medical Examiners is entitled to obtain from the
63-1 department criminal history record information maintained by the
63-2 department that relates to a person who is:
63-3 (1) an applicant for a license under the Medical
63-4 Practice Act (Article 4495b, Vernon's Texas Civil Statutes); or
63-5 (2) the holder of a license under that Act.
63-6 Sec. 411.100. ACCESS TO CRIMINAL HISTORY RECORD
63-7 INFORMATION: BOARD OF LAW EXAMINERS. (a) The Board of Law
63-8 Examiners is entitled to obtain from the department criminal
63-9 history record information maintained by the department that
63-10 relates to a person who is an applicant to take a bar examination.
63-11 (b) Criminal history record information obtained by the
63-12 board under Subsection (a) may not be released or disclosed to any
63-13 person, except on court order or with consent of the applicant.
63-14 (c) Immediately following the board's decision on
63-15 recommending an applicant, the board shall collect and seal all
63-16 criminal history record information obtained by the board that
63-17 relates to that applicant.
63-18 Sec. 411.101. ACCESS TO CRIMINAL HISTORY RECORD
63-19 INFORMATION: TEXAS STRUCTURAL PEST CONTROL BOARD. The Texas
63-20 Structural Pest Control Board is entitled to obtain from the
63-21 department criminal history record information maintained by the
63-22 department that relates to a person who is:
63-23 (1) an applicant for a structural pest control
63-24 business license under the Texas Structural Pest Control Act
63-25 (Article 135b-6, Vernon's Texas Civil Statutes);
63-26 (2) an applicant for a certified applicator's license
63-27 under that Act; or
64-1 (3) a holder of a structural pest control business
64-2 license or a certified applicator's license under that Act.
64-3 Sec. 411.102. ACCESS TO CRIMINAL HISTORY RECORD
64-4 INFORMATION: MCGRUFF HOUSE PROGRAM. (a) In this section:
64-5 (1) "McGruff House" means a house that has been
64-6 designated as a temporary haven for school-age children by a
64-7 McGruff House program.
64-8 (2) "McGruff House program" means a program organized
64-9 by local law enforcement agencies and civic organizations to
64-10 provide a temporary haven and sense of security to school-age
64-11 children in emergency or threatening situations.
64-12 (b) A local law enforcement agency involved in establishing
64-13 a McGruff House program is entitled to obtain from the department
64-14 criminal history record information maintained by the department
64-15 that relates to a person who is an adult residing in a McGruff
64-16 House.
64-17 Sec. 411.103. ACCESS TO CRIMINAL HISTORY RECORD
64-18 INFORMATION: CHILD WATCH PROGRAM. (a) In this section, "child
64-19 watch program" means a program organized by a local civic
64-20 organization with the cooperation of a school district to protect
64-21 schoolchildren by having parents or volunteers patrol their
64-22 residential neighborhoods and schools to watch for suspicious
64-23 activity, dangers, and threats to children.
64-24 (b) A local law enforcement agency that participates in a
64-25 child watch program is entitled to obtain from the department
64-26 criminal history record information maintained by the department
64-27 that relates to a person who:
65-1 (1) is a participant in the program; and
65-2 (2) gives written consent to the disclosure of the
65-3 information.
65-4 (c) Criminal history record information obtained by a law
65-5 enforcement agency under Subsection (b) may not be released or
65-6 disclosed except on court order or with the consent of the person
65-7 who is the subject of the criminal history record information.
65-8 Sec. 411.104. ACCESS TO CRIMINAL HISTORY RECORD
65-9 INFORMATION: TEXAS EMPLOYMENT COMMISSION. (a) In this section,
65-10 "security sensitive position" has the meaning assigned by Section
65-11 11-E(a), Texas Unemployment Compensation Act (Article 5221b-9e,
65-12 Vernon's Texas Civil Statutes).
65-13 (b) The Texas Employment Commission is entitled to obtain
65-14 from the department criminal history record information maintained
65-15 by the department that relates to a person who is an applicant for
65-16 a security sensitive position.
65-17 (c) Criminal history record information obtained by the
65-18 commission under Subsection (b) may not be released or disclosed to
65-19 any person except on court order or with the written consent of the
65-20 person who is the subject of the criminal history record
65-21 information.
65-22 (d) After the commission hires an applicant for a security
65-23 sensitive position, the commission shall seal the criminal history
65-24 record information that relates to the applicant and deliver the
65-25 information to the agency administrator or the administrator's
65-26 designee, who shall destroy the information.
65-27 (e) The commission shall destroy the criminal history record
66-1 information of an applicant who is not hired.
66-2 Sec. 411.105. ACCESS TO CRIMINAL HISTORY RECORD
66-3 INFORMATION: TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY. The Texas
66-4 State Board of Public Accountancy is entitled to obtain from the
66-5 department criminal history record information maintained by the
66-6 department that relates to a person who is:
66-7 (1) an applicant for certification as a certified
66-8 public accountant under the Public Accountancy Act of 1991 (Article
66-9 41a-1, Vernon's Texas Civil Statutes);
66-10 (2) an applicant to take the uniform CPA examination
66-11 under that Act; or
66-12 (3) an applicant to register under Section 14 of that
66-13 Act.
66-14 Sec. 411.106. ACCESS TO CRIMINAL HISTORY RECORD
66-15 INFORMATION: TEXAS DEPARTMENT OF INSURANCE. (a) The Texas
66-16 Department of Insurance for good cause shown is entitled to obtain
66-17 from the department criminal history record information maintained
66-18 by the department that relates to a person who is:
66-19 (1) an applicant for a license, permit, certificate of
66-20 authority, certificate of registration, or other authorization
66-21 issued by the State Board of Insurance to engage in an activity
66-22 regulated under the Insurance Code; or
66-23 (2) a corporate officer of an insurance company
66-24 regulated by the Texas Department of Insurance.
66-25 (b) Criminal history record information obtained by the
66-26 Texas Department of Insurance under Subsection (a) may not be
66-27 disclosed or released to any person except on court order or with
67-1 the consent of the person who is the subject of the criminal
67-2 history record information.
67-3 (c) After the Texas Department of Insurance makes a
67-4 determination as to the issuance of a license or certificate of
67-5 authority to an applicant, the Texas Department of Insurance shall
67-6 seal the criminal history record information regarding the
67-7 applicant and shall deliver the information to the commissioner of
67-8 insurance or the commissioner's designee, who shall maintain the
67-9 information as provided by State Board of Insurance rule.
67-10 Sec. 411.107. ACCESS TO CRIMINAL HISTORY RECORD
67-11 INFORMATION: RECEIVER. (a) In this section, "receiver" has the
67-12 meaning assigned by Article 21.28, Insurance Code.
67-13 (b) A receiver is entitled to obtain from the department
67-14 criminal history record information maintained by the department
67-15 that the receiver believes is necessary for the investigation of
67-16 any matter relating to a receivership estate.
67-17 (c) Criminal history record information obtained by a
67-18 receiver under Subsection (b) may not be released or disclosed to
67-19 any person except on court order or with the consent of the person
67-20 who is the subject of the criminal history record information.
67-21 (d) A receiver may destroy criminal history record
67-22 information obtained under Subsection (b) after the purpose for
67-23 which the information was obtained is accomplished.
67-24 Sec. 411.108. ACCESS TO CRIMINAL HISTORY RECORD
67-25 INFORMATION: COMPTROLLER OF PUBLIC ACCOUNTS. (a) The comptroller
67-26 is entitled to obtain from the department criminal history record
67-27 information maintained by the department that relates to a person
68-1 who, under the State Lottery Act (Article 179g, Vernon's Texas
68-2 Civil Statutes), is:
68-3 (1) a sales agent or an applicant for a sales agent
68-4 license;
68-5 (2) a person required to be named in a license
68-6 application;
68-7 (3) a lottery operator or prospective lottery
68-8 operator;
68-9 (4) an employee of a lottery operator or prospective
68-10 lottery operator, if the employee is or will be directly involved
68-11 in lottery operations;
68-12 (5) a person who manufactures or distributes lottery
68-13 equipment or supplies or a representative of a person who
68-14 manufactures or distributes lottery equipment or supplies offered
68-15 to the lottery;
68-16 (6) a person who has submitted a written bid or
68-17 proposal to the division in connection with the procurement of
68-18 goods or services by the division, if the amount of the bid or
68-19 proposal exceeds $500;
68-20 (7) an employee or other person who works for or will
68-21 work for a sales agent or an applicant for a sales agent license;
68-22 (8) a person who proposes to enter into or who has a
68-23 contract with the division to supply goods or services to the
68-24 division;
68-25 (9) if a person described in Subdivisions (1) through
68-26 (8) of this section is not an individual, an individual who:
68-27 (A) is an officer or director of the person;
69-1 (B) holds more than 10 percent of the stock in
69-2 the person;
69-3 (C) holds an equitable interest greater than 10
69-4 percent in the person;
69-5 (D) is a creditor of the person who holds more
69-6 than 10 percent of the person's outstanding debt;
69-7 (E) is the owner or lessee of a business that
69-8 the person conducts or through which the person will conduct
69-9 lottery-related activities;
69-10 (F) shares or will share in the profits, other
69-11 than stock dividends, of the person;
69-12 (G) participates in managing the affairs of the
69-13 person; or
69-14 (H) is an employee of the person who is or will
69-15 be involved in:
69-16 (i) selling tickets; or
69-17 (ii) handling money from the sale of
69-18 tickets;
69-19 (10) the director or a prospective director of the
69-20 lottery division;
69-21 (11) an employee or prospective employee of the
69-22 lottery division; or
69-23 (12) a sales agent whose license is renewed under
69-24 Section 3.01(h) of that Act.
69-25 (b) Criminal history record information obtained by the
69-26 comptroller under Subsection (a) may not be released or disclosed
69-27 to any person except on court order or as provided by Subsection
70-1 (c).
70-2 (c) The comptroller is not prohibited from disclosing to the
70-3 person who is the subject of the criminal history record
70-4 information the dates and places or arrests, offenses, and
70-5 dispositions contained in the criminal history record information.
70-6 Sec. 411.109. ACCESS TO CRIMINAL HISTORY RECORD
70-7 INFORMATION: STATE TREASURER. (a) The treasurer is entitled to
70-8 obtain from the department criminal history record information
70-9 maintained by the department that relates to a person who is:
70-10 (1) an applicant for a permit under Chapter 154 or
70-11 Chapter 155, Tax Code;
70-12 (2) a permit holder under either of those chapters;
70-13 (3) an officer, director, stockholder owning 10
70-14 percent or more of the outstanding stock, partner, owner, or
70-15 managing employee of an applicant or permit holder under either of
70-16 those chapters that is a corporation, association, joint venture,
70-17 syndicate, partnership, or proprietorship;
70-18 (4) in possession of cigarettes in unstamped packages
70-19 in violation of Chapter 154, Tax Code; or
70-20 (5) in possession of tobacco products in violation of
70-21 Chapter 155, Tax Code.
70-22 (b) Criminal history record information obtained by the
70-23 treasurer under Subsection (a) may not be released or disclosed to
70-24 any person except on court order or as provided by Subsection (c).
70-25 (c) The treasurer is not prohibited from disclosing to a
70-26 person who is the subject of criminal history record information
70-27 the dates and places of arrests, the offenses, and the dispositions
71-1 in the criminal history record information.
71-2 Sec. 411.110. ACCESS TO CRIMINAL HISTORY RECORD
71-3 INFORMATION: TEXAS DEPARTMENT OF HEALTH. (a) The Texas
71-4 Department of Health is entitled to obtain from the department
71-5 criminal history record information maintained by the department
71-6 that relates to a person who is:
71-7 (1) an applicant for a license or certificate under
71-8 the Emergency Medical Services Act (Chapter 773, Health and Safety
71-9 Code);
71-10 (2) an owner or manager of an applicant for an
71-11 emergency medical services provider license under that Act; or
71-12 (3) the holder of a license or certificate under that
71-13 Act.
71-14 (b) Criminal history record information obtained by the
71-15 Texas Department of Health under Subsection (a) may not be released
71-16 or disclosed to any person except on court order, with the written
71-17 consent of the person or entity that is the subject of the criminal
71-18 history record information, or as provided by Subsection (e).
71-19 (c) After an entity is licensed or certified, the Texas
71-20 Department of Health shall destroy the criminal history record
71-21 information that relates to that entity.
71-22 (d) The Texas Board of Health shall destroy criminal history
71-23 record information that relates to an applicant that is not
71-24 certified.
71-25 (e) The Texas Board of Health is not prohibited from
71-26 disclosing criminal history record information obtained under
71-27 Subsection (a) in a criminal proceeding or in a hearing conducted
72-1 by the Texas Department of Health.
72-2 Sec. 411.111. ACCESS TO CRIMINAL HISTORY RECORD
72-3 INFORMATION: DISTRICT COURT; NAME CHANGES. A district court is
72-4 entitled to obtain from the department criminal history record
72-5 information maintained by the department that relates to a person
72-6 who is:
72-7 (1) an adult; and
72-8 (2) has petitioned the court to order a change of name
72-9 for the person.
72-10 Sec. 411.112. ACCESS TO CRIMINAL HISTORY RECORD
72-11 INFORMATION: COMMISSION ON LAW ENFORCEMENT OFFICER STANDARDS AND
72-12 EDUCATION. The Commission on Law Enforcement Officer Standards and
72-13 Education is entitled to obtain from the department criminal
72-14 history record information maintained by the department that
72-15 relates to a person who is:
72-16 (1) an applicant for a license under Chapter 415; or
72-17 (2) the holder of a license under that chapter.
72-18 Sec. 411.113. ACCESS TO CRIMINAL HISTORY RECORD
72-19 INFORMATION: TEXAS SCHOOL FOR THE DEAF. (a) The governing board
72-20 of the Texas School for the Deaf is entitled to obtain from the
72-21 department criminal history record information maintained by the
72-22 department that relates to a person who is an applicant for a
72-23 position of employment with the school, the duties of which include
72-24 direct delivery of care to children.
72-25 (b) The governing board is entitled only to criminal history
72-26 record information that relates to:
72-27 (1) a felony or misdemeanor classified as an offense
73-1 against the person or the family;
73-2 (2) a felony or misdemeanor classified as public
73-3 indecency; or
73-4 (3) a felony violation of any statute intended to
73-5 control the possession or distribution of a substance included in
73-6 Chapter 481, Health and Safety Code, or Section 485.033, Health and
73-7 Safety Code.
73-8 (c) Criminal history record information obtained by the
73-9 governing board under Subsection (a) may not be released or
73-10 disclosed to any person except on court order, with the consent of
73-11 the person who is the subject of the criminal history record
73-12 information, or as provided by Subsection (d).
73-13 (d) The governing board is not prohibited from releasing
73-14 criminal history record information obtained under Subsection (a)
73-15 to the superintendent of the school or to the person who is the
73-16 subject of the criminal history record information.
73-17 (e) The governing board shall destroy criminal history
73-18 record information that relates to a person after the information
73-19 is used for its authorized purpose.
73-20 Sec. 411.114. ACCESS TO CRIMINAL HISTORY RECORD
73-21 INFORMATION: TEXAS DEPARTMENT OF HUMAN SERVICES. (a)(1) In this
73-22 subsection the terms "child," "child-care facility," and "family
73-23 home" have the meanings assigned by Section 42.002, Human Resources
73-24 Code.
73-25 (2) The Texas Department of Human Services is entitled
73-26 to obtain from the department criminal history record information
73-27 maintained by the department that relates to a person who is:
74-1 (A) an applicant for a license, registration, or
74-2 certification under Chapter 42, Human Resources Code;
74-3 (B) an owner or employee of or an applicant for
74-4 employment by a child-care facility licensed, registered, or
74-5 certified under that chapter;
74-6 (C) a resident of a registered family home, but
74-7 not a child in the home's care or a parent of the child;
74-8 (D) an applicant for a position with the Texas
74-9 Department of Human Services, the duties of which include direct
74-10 delivery of protective services to children;
74-11 (E) a volunteer or applicant volunteer with a
74-12 local affiliate in this state of Big Brothers/Big Sisters of
74-13 America;
74-14 (F) a volunteer or applicant volunteer with the
74-15 "I Have a Dream/Houston" program;
74-16 (G) an employee of a business entity that
74-17 provides in-home respite care of children with temporary illnesses;
74-18 (H) an employee of a home health agency; or
74-19 (I) a volunteer or applicant volunteer with an
74-20 organization that provides court-appointed special advocates for
74-21 abused or neglected children.
74-22 (3) The Texas Department of Human Services is
74-23 entitled, under this subsection, only to criminal history record
74-24 information that relates to:
74-25 (A) an offense classified as an offense against
74-26 the person or the family;
74-27 (B) an offense classified as public indecency;
75-1 or
75-2 (C) a felony violation of a statute intended to
75-3 control the possession or distribution of a substance included in
75-4 Chapter 481, Health and Safety Code.
75-5 (4) Criminal history record information obtained by
75-6 the Texas Department of Human Services under this subsection may
75-7 not be released to any person except on court order, with the
75-8 consent of the person who is the subject of the criminal history
75-9 record information, or as provided by Subdivision (5).
75-10 (5) The Texas Department of Human Services is not
75-11 prohibited from releasing criminal history record information
75-12 obtained under this subsection to the person who is the subject of
75-13 the criminal history record information or to a child-care facility
75-14 that employs or is considering employing the person who is the
75-15 subject of the criminal history record information.
75-16 (b)(1) In this subsection, "facility" has the meaning
75-17 assigned by Section 106.001, Human Resources Code.
75-18 (2) The Texas Department of Human Services, on behalf
75-19 of the Texas Department of Health, is entitled to obtain from the
75-20 department criminal history record information maintained by the
75-21 department that relates to a person who is:
75-22 (A) an applicant for employment at a facility;
75-23 or
75-24 (B) an employee of a facility.
75-25 (3) The Texas Department of Human Services is entitled
75-26 to obtain, under this subsection, only criminal history record
75-27 information that relates to:
76-1 (A) an offense classified as an offense against
76-2 the person or the family;
76-3 (B) an offense classified as public indecency;
76-4 (C) a felony violation of a statute intended to
76-5 control the possession or distribution of a substance included in
76-6 Chapter 481, Health and Safety Code, or Section 485.033, Health and
76-7 Safety Code;
76-8 (D) a felony offense under Section 31.03, Penal
76-9 Code; or
76-10 (E) an offense under Section 29.02, 29.03, or
76-11 30.02, Penal Code.
76-12 (4) Criminal history record information obtained by
76-13 the Texas Department of Human Services under this subsection may
76-14 not be released to any person except on court order, with the
76-15 written consent of the person who is the subject of the criminal
76-16 history record information, or as provided by Subdivision (5).
76-17 (5) The Texas Department of Human Services is not
76-18 prohibited from disclosing criminal history record information
76-19 obtained under this subsection to the Texas Department of Health or
76-20 to the facility for which the Texas Department of Human Services
76-21 requested the information.
76-22 Sec. 411.115. ACCESS TO CRIMINAL HISTORY RECORD
76-23 INFORMATION: TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL
76-24 RETARDATION; COMMUNITY CENTERS. (a) In this section, "community
76-25 center" has the meaning assigned by Section 531.002, Health and
76-26 Safety Code.
76-27 (b) The Texas Department of Mental Health and Mental
77-1 Retardation or a community center is entitled to obtain from the
77-2 department criminal history record information maintained by the
77-3 department that relates to a person:
77-4 (1) who is:
77-5 (A) an applicant for employment with the Texas
77-6 Department of Mental Health and Mental Retardation;
77-7 (B) an employee of the Texas Department of
77-8 Mental Health and Mental Retardation;
77-9 (C) an applicant for employment with a community
77-10 center;
77-11 (D) an employee of a community center;
77-12 (E) an applicant for employment with or an
77-13 employee of a business or person that contracts with the Texas
77-14 Department of Mental Health and Mental Retardation or a community
77-15 center to provide residential services to patients with mental
77-16 illness or clients with mental retardation who were furloughed or
77-17 discharged from a Texas Department of Mental Health and Mental
77-18 Retardation facility or community center;
77-19 (F) a volunteer with the Texas Department of
77-20 Mental Health and Mental Retardation;
77-21 (G) a volunteer with a community center; or
77-22 (H) a volunteer applicant; and
77-23 (2) who would be placed in direct contact with
77-24 patients with mental illness or clients with mental retardation.
77-25 (c) The Texas Department of Mental Health and Mental
77-26 Retardation or a community center is entitled to obtain only
77-27 criminal history record information that relates to:
78-1 (1) a sexual offense;
78-2 (2) a drug-related offense;
78-3 (3) a theft offense;
78-4 (4) criminal homicide;
78-5 (5) assault or battery; or
78-6 (6) an offense involving personal injury or threat.
78-7 (d) Criminal history record information obtained by the
78-8 mental health department or a community center under Subsection (b)
78-9 may not be released or disclosed to a person, other than the
78-10 contractor that employs the person who is the subject of the
78-11 criminal history record information, except on court order or with
78-12 the consent of the person who is the subject of the criminal
78-13 history record information.
78-14 (e) The Texas Department of Mental Health and Mental
78-15 Retardation shall collect and destroy conviction information that
78-16 relates to a person immediately after the department or a
78-17 contractor makes an employment decision or takes any personnel
78-18 action relating to the person who is the subject of the criminal
78-19 history record information.
78-20 Sec. 411.116. ACCESS TO CRIMINAL HISTORY RECORD
78-21 INFORMATION: ORGANIZATION PROVIDING CERTAIN NURSE AIDES. (a) In
78-22 this section:
78-23 (1) "Facility" has the meaning assigned by Section
78-24 106.001, Human Resources Code.
78-25 (2) "Nurse aide" has the meaning assigned by Chapter
78-26 106, Human Resources Code.
78-27 (3) "Organization that provides temporary nurse aides"
79-1 includes a temporary employment service, nursing pool, private duty
79-2 nurse service, or sitter service.
79-3 (b) An organization that provides temporary nurse aides to a
79-4 facility is entitled to obtain from the department criminal history
79-5 record information maintained by the department that relates to a
79-6 person who is:
79-7 (1) a nurse aide; and
79-8 (2) a candidate for referral by the organization to a
79-9 facility.
79-10 Sec. 411.117. ACCESS TO CRIMINAL HISTORY RECORD
79-11 INFORMATION: TEXAS REHABILITATION COMMISSION. The Texas
79-12 Rehabilitation Commission is entitled to obtain from the department
79-13 criminal history record information maintained by the department
79-14 that relates to a person who is:
79-15 (1) an applicant for rehabilitation services of the
79-16 Texas Rehabilitation Commission; or
79-17 (2) a client of the Texas Rehabilitation Commission.
79-18 Sec. 411.118. ACCESS TO CRIMINAL HISTORY RECORD
79-19 INFORMATION: EMPLOYER AT SUBSIDIZED HOUSING RESIDENCE. (a) In
79-20 this section, "employer," "employee," "occupant," and "subsidized
79-21 housing residence" have the meanings assigned by Section 135.001,
79-22 Human Resources Code.
79-23 (b) An employer is entitled to obtain from the department
79-24 criminal history record information maintained by the department
79-25 that pertains to a person who:
79-26 (1) is an applicant for a position of employment in a
79-27 subsidized housing residence to whom an offer of employment is
80-1 made; and
80-2 (2) may be reasonably required to have access to the
80-3 residence of an occupant who is elderly or disabled.
80-4 (c) An employer is entitled to obtain only criminal history
80-5 record information that relates to:
80-6 (1) an offense classified as:
80-7 (A) an offense against the person or the family;
80-8 (B) an offense against property; or
80-9 (C) public indecency; or
80-10 (2) a felony violation of a statute intended to
80-11 control the possession or distribution of a substance regulated
80-12 under Chapter 481, Health and Safety Code, or Section 485.033,
80-13 Health and Safety Code.
80-14 (d) Criminal history record information obtained under
80-15 Subsection (b) may not be released or disclosed to any person
80-16 except on court order or with the written consent of the person who
80-17 is the subject of the criminal history record information.
80-18 Sec. 411.119. ACCESS TO CRIMINAL HISTORY RECORD
80-19 INFORMATION: TEXAS BOARD OF PRIVATE INVESTIGATORS AND PRIVATE
80-20 SECURITY AGENCIES. The Texas Board of Private Investigators and
80-21 Private Security Agencies is entitled to obtain from the department
80-22 criminal history record information maintained by the department
80-23 that relates to a person who is:
80-24 (1) an applicant for a license, registration, or
80-25 security officer commission under the Private Investigators and
80-26 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
80-27 Civil Statutes); or
81-1 (2) an applicant for a position regulated under that
81-2 Act.
81-3 Sec. 411.120. ACCESS TO CRIMINAL HISTORY RECORD
81-4 INFORMATION: COUNTY JUDGE; CERTAIN APPLICANTS. (a) The county
81-5 judge of a county is entitled to obtain from the department
81-6 criminal history record information maintained by the department
81-7 that relates to a person who is:
81-8 (1) an applicant for a wine and beer retailer's permit
81-9 under Chapter 25, Alcoholic Beverage Code; or
81-10 (2) an applicant for a retail dealer's on-premise
81-11 license under Chapter 69 of that code.
81-12 (b) Criminal history record information obtained by a county
81-13 judge under Subsection (a) may not be released or disclosed to any
81-14 person except in a hearing held under Chapter 25 or 69, Alcoholic
81-15 Beverage Code.
81-16 Sec. 411.121. ACCESS TO CRIMINAL HISTORY RECORD
81-17 INFORMATION: ADJUTANT GENERAL. (a) In this section:
81-18 (1) "Adjutant general" has the meaning assigned by
81-19 Section 431.022.
81-20 (2) "State military forces" has the meaning assigned
81-21 by Section 431.001.
81-22 (b) The adjutant general is entitled to obtain from the
81-23 department criminal history record information maintained by the
81-24 department that relates to a person who is:
81-25 (1) a member of the state military forces;
81-26 (2) an employee of the adjutant general's department;
81-27 (3) an applicant for enlistment in the state military
82-1 forces; or
82-2 (4) an applicant for employment with the adjutant
82-3 general's department.
82-4 (c) The adjutant general is entitled to criminal history
82-5 record information under Subsection (b)(3) or (b)(4) only if the
82-6 adjutant general submits to the department a signed statement from
82-7 the applicant that authorizes the adjutant general to obtain the
82-8 information.
82-9 (d) Criminal history record information obtained by the
82-10 adjutant general under Subsection (b) may not be released to any
82-11 person or agency except on court order or with the consent of the
82-12 person who is the subject of the criminal history record
82-13 information.
82-14 (e) The adjutant general shall destroy criminal history
82-15 record information obtained under Subsection (b) after the purpose
82-16 for which the information was obtained is accomplished.
82-17 Sec. 411.122. ACCESS TO CRIMINAL HISTORY RECORD
82-18 INFORMATION: LICENSING OR REGULATORY AGENCY. (a) Except as
82-19 provided by Subsection (c)(2), an agency of this state or a
82-20 political subdivision of this state covered by Article 6252-13c,
82-21 Revised Statutes, that licenses or regulates members of a
82-22 particular trade, occupation, business, vocation, or profession is
82-23 entitled to obtain from the department criminal history record
82-24 information maintained by the department that relates to a person
82-25 who is:
82-26 (1) an applicant for a license from the agency; or
82-27 (2) the holder of a license from the agency.
83-1 (b) Under this section, an agency is entitled to obtain only
83-2 criminal history record information that relates to the conviction
83-3 of the person.
83-4 (c) This section does not apply to an agency that is:
83-5 (1) specifically authorized by this subchapter to
83-6 obtain criminal history record information from the department; or
83-7 (2) covered by Section 2, Article 6252-13c, Revised
83-8 Statutes.
83-9 Sec. 411.123. ACCESS TO CRIMINAL HISTORY RECORD
83-10 INFORMATION: MUNICIPAL FIRE DEPARTMENT. (a) A fire department
83-11 that is operated by a municipality in this state is entitled to
83-12 obtain from the department criminal history record information
83-13 maintained by the department that relates to a person who is:
83-14 (1) an applicant for a beginning position with the
83-15 fire department; and
83-16 (2) required to be certified by the Texas Commission
83-17 on Fire Protection.
83-18 (b) A fire department is entitled to obtain only criminal
83-19 history record information that relates to the conviction of the
83-20 person.
83-21 Sec. 411.124. ACCESS TO CRIMINAL HISTORY RECORD
83-22 INFORMATION: POLITICAL SUBDIVISIONS; PUBLIC TRANSPORTATION
83-23 DRIVERS. (a) A political subdivision of this state that employs,
83-24 licenses, or regulates drivers of public transportation vehicles is
83-25 entitled to obtain from the department criminal history record
83-26 information maintained by the department that relates to a person
83-27 who is:
84-1 (1) the driver of a public transportation vehicle; and
84-2 (2) employed, licensed, or regulated by the political
84-3 subdivision.
84-4 (b) A municipality is entitled to obtain only criminal
84-5 history record information that relates to a conviction of the
84-6 person.
84-7 Sec. 411.125. ACCESS TO CRIMINAL HISTORY RECORD
84-8 INFORMATION: BOARD OF NURSE EXAMINERS. (a) The Board of Nurse
84-9 Examiners is entitled to obtain from the department criminal
84-10 history record information maintained by the department that
84-11 relates to a person who:
84-12 (1) is an applicant for a license from the board;
84-13 (2) has requested a determination of eligibility for a
84-14 license from the board; or
84-15 (3) is subject to investigation by the board in
84-16 connection with a complaint or formal charge against the person.
84-17 (b) The board is entitled to obtain only criminal history
84-18 record information that relates to a conviction of the person for
84-19 an offense that:
84-20 (1) is classified as a felony;
84-21 (2) is classified as a misdemeanor involving moral
84-22 turpitude;
84-23 (3) is an offense involving the abuse of a drug,
84-24 including alcohol; or
84-25 (4) resulted in the revocation of probation imposed
84-26 following a conviction of an offense specified in Subdivision (1),
84-27 (2), or (3).
85-1 Sec. 411.126. ACCESS TO CRIMINAL HISTORY RECORD
85-2 INFORMATION: VOLUNTEER CENTERS. (a) In this section:
85-3 (1) "Volunteer center" means a nonprofit, tax-exempt
85-4 organization:
85-5 (A) whose primary purpose is to recruit and
85-6 refer individual volunteers for other nonprofit groups in that
85-7 area; and
85-8 (B) that is certified as a bona fide volunteer
85-9 center by the department.
85-10 (2) "Volunteer" or "volunteer applicant" means a
85-11 person who will perform one or more of the following services
85-12 without remuneration:
85-13 (A) any service performed in a residence;
85-14 (B) any service that requires access to or the
85-15 handling of money or confidential or privileged information; or
85-16 (C) any service that involves the care of or
85-17 access to:
85-18 (i) a child;
85-19 (ii) an elderly person; or
85-20 (iii) a person who is mentally
85-21 incompetent, mentally retarded, physically disabled, ill, or
85-22 incapacitated.
85-23 (b) A volunteer center is entitled to obtain from the
85-24 department criminal history record information maintained by the
85-25 department that relates to a person who is:
85-26 (1) an employee of the volunteer center; or
85-27 (2) a volunteer or volunteer applicant.
86-1 (c) A volunteer center is entitled to obtain from the
86-2 department only criminal history record information that relates to
86-3 a conviction.
86-4 (d) The department may establish rules governing the
86-5 approval of volunteer centers under this section.
86-6 SECTION 34. Subsection (j-3), Section 10, Article 42.12,
86-7 Code of Criminal Procedure, as added by Chapter 1135, Acts of the
86-8 71st Legislature, Regular Session, 1989, is amended to read as
86-9 follows:
86-10 (j-3) The judges of the county courts at law in Hidalgo
86-11 County shall participate in the management of the probation
86-12 department serving the county, and for that purpose have the same
86-13 duties and powers imposed by this section as do the district judges
86-14 trying criminal cases in the county. <The probation department may
86-15 obtain criminal history record information (CHRI) relating to an
86-16 applicant for employment with the department that is maintained by
86-17 the Department of Public Safety, the Federal Bureau of
86-18 Investigation identification division, or any other law enforcement
86-19 agency. The information obtained under this subsection is for the
86-20 exclusive use of the department and is privileged and confidential.
86-21 The information may not be released or otherwise disclosed except
86-22 on court order or consent of the applicant.>
86-23 SECTION 35. Chapter 411, Government Code, is amended by
86-24 adding Section 411.127 to read as follows:
86-25 Sec. 411.127. ACCESS TO CRIMINAL HISTORY RECORD
86-26 INFORMATION: APPLICANTS FOR EMPLOYMENT. (a) The attorney general
86-27 is entitled to obtain from the Department of Public Safety criminal
87-1 history record information maintained by the department that
87-2 relates to a person who is an applicant for a position of
87-3 employment with the attorney general that involves the performance
87-4 of duties under Chapter 76, Human Resources Code. The attorney
87-5 general may not request the information unless a supervisory
87-6 employee of the attorney general's office has recommended that the
87-7 applicant be hired.
87-8 (b) Criminal history record information obtained by the
87-9 attorney general under Subsection (a) may not be released or
87-10 disclosed to any person except on court order or with the consent
87-11 of the person who is the subject of the criminal history record
87-12 information.
87-13 (c) The attorney general shall destroy criminal history
87-14 record information that relates to a person after the information
87-15 is used for its authorized purpose.
87-16 SECTION 36. The Department of Public Safety's responsibility
87-17 for review under Article 13, State Purchasing and General Services
87-18 Act (Article 601b, Vernon's Texas Civil Statutes), is limited to
87-19 one definable activity during the first two years the provision
87-20 applies to the department.
87-21 SECTION 37. The Department of Public Safety shall forward
87-22 the results of the study required in Section 411.0076, Government
87-23 Code, as added by this Act, to the Commission on Human Rights for
87-24 review and comment.
87-25 SECTION 38. The following laws are repealed:
87-26 (1) Section 13.0322, Education Code (Central Education
87-27 Agency);
88-1 (2) Subsection (b), Section 5.36, Alcoholic Beverage
88-2 Code (Texas Alcoholic Beverage Commission);
88-3 (3) Section 13e, Bingo Enabling Act (Article 179d,
88-4 Vernon's Texas Civil Statutes) (Texas Alcoholic Beverage
88-5 Commission);
88-6 (4) Subsections (a), (c), (d), and (e), Section 9,
88-7 Article 350, Revised Statutes (banking commissioner);
88-8 (5) Section 12, Texas Boxing and Wrestling Act
88-9 (Article 8501-l, Vernon's Texas Civil Statutes) (commissioner of
88-10 licensing and regulation);
88-11 (6) Subsections (b) and (d), Section 51.215, Education
88-12 Code (institutions of higher education);
88-13 (7) Section 17A, Texas Pawnshop Act (Article
88-14 5069-51.17A, Vernon's Texas Civil Statutes) (consumer credit
88-15 commissioner);
88-16 (8) Subsections (b) and (c), Section 5.04, Texas
88-17 Racing Act (Article 179e, Vernon's Texas Civil Statutes) (Texas
88-18 Racing Commission);
88-19 (9) Subsections (b), (c), and (f), Section 21.917,
88-20 Education Code (school districts);
88-21 (10) Subsections (a), (d), (e), (f), (g), and (h),
88-22 Section 11.064, Education Code (Texas School for the Blind and
88-23 Visually Impaired);
88-24 (11) Section 82.029, Government Code (Board of Law
88-25 Examiners);
88-26 (12) Subsection (d), Section 6, Texas Structural Pest
88-27 Control Act (Article 135b-6, Vernon's Texas Civil Statutes) (Texas
89-1 Structural Pest Control Board);
89-2 (13) Section 80.002, Human Resources Code (McGruff
89-3 House programs);
89-4 (14) Section 80.004, Human Resources Code (child watch
89-5 programs);
89-6 (15) Subsections (b), (c), (e), (g), (h), and (i),
89-7 Section 11-E, Texas Unemployment Compensation Act (Article
89-8 5221b-9e, Vernon's Texas Civil Statutes) (Texas Employment
89-9 Commission);
89-10 (16) Subsection (a), Section 21B, Public Accountancy
89-11 Act of 1991 (Article 41a-1, Vernon's Texas Civil Statutes) (Texas
89-12 State Board of Public Accountancy);
89-13 (17) Sections (a), (b), (c), (d), (f), (g), and (h),
89-14 Article 1.10C, Insurance Code (Texas Department of Insurance);
89-15 (18) Subsection (i), Section 4, Article 21.28,
89-16 Insurance Code (receiver);
89-17 (19) Subsections (f), (h), (i), (o), and (p), Section
89-18 3.06, State Lottery Act (Article 179g, Vernon's Texas Civil
89-19 Statutes) (comptroller of public accounts);
89-20 (20) Subsections (a), (c), (d), (e), and (f), Section
89-21 154.5095, Tax Code (treasurer);
89-22 (21) Subsections (a), (c), (d), (e), and (f), Section
89-23 155.2075, Tax Code (treasurer);
89-24 (22) Subsections (a), (b), (c), (d), (f), (g), (h),
89-25 and (i), Section 773.070, Health and Safety Code (Texas Department
89-26 of Health);
89-27 (23) Subsection (c), Section 32.21, Family Code (state
90-1 district courts);
90-2 (24) Subsections (a), (c), (d), (e), (f), (g), and
90-3 (h), Section 11.033, Education Code (Texas School for the Deaf);
90-4 (25) Subsections (a), (c), (d), (e), (f), (g), (h),
90-5 and (i), Section 22.006, Sections 106.003, 106.009, and 106.010,
90-6 and Subsection (b), Section 106.012, Human Resources Code (Texas
90-7 Department of Human Services);
90-8 (26) Subsections (a), (b), (c), (e), (f), (g), and
90-9 (h), Section 533.007, Health and Safety Code (Texas Department of
90-10 Mental Health and Mental Retardation, community centers);
90-11 (27) Section 111.058, Human Resources Code (Texas
90-12 Rehabilitation Commission);
90-13 (28) Sections 135.003, 135.004, and 135.005, Human
90-14 Resources Code (subsidized housing residences);
90-15 (29) Section 431.037, Government Code (adjutant
90-16 general);
90-17 (30) Section 3, Article 6252-13c, Revised Statutes
90-18 (licensing and regulatory agencies); and
90-19 (31) Subsection (j), Article 4525, Revised Statutes
90-20 (Board of Nurse Examiners).
90-21 SECTION 39. (a) This Act takes effect September 1, 1993.
90-22 (b) The changes in law made by this Act to the
90-23 qualifications of members of the Public Safety Commission apply
90-24 only to persons appointed to the commission on or after September
90-25 1, 1993.
90-26 (c) The changes in law made by this Act relating to the
90-27 reinstatement of a driver's license apply only to a driver's
91-1 license that is reinstated on or after September 1, 1993.
91-2 SECTION 40. The importance of this legislation and the
91-3 crowded condition of the calendars in both houses create an
91-4 emergency and an imperative public necessity that the
91-5 constitutional rule requiring bills to be read on three several
91-6 days in each house be suspended, and this rule is hereby suspended.