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.