S.B. No. 510
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 final
8-23 disposition of the complaint, shall notify the parties to the
8-24 complaint of the status of the complaint unless the notice would
8-25 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. Sections 1A, 2, 11, and 14A, Chapter 173, Acts
24-21 of the 47th Legislature, Regular Session, 1941 (Article 6687b,
24-22 Vernon's Texas Civil Statutes), are amended to read as follows:
24-23 Sec. 1A. Rules. The Department may adopt rules that it
24-24 determines are necessary to effectively administer this Act.
24-25 Sec. 2. Drivers Must Have License. (a) No person, except
24-26 those hereinafter expressly exempted, shall drive any motor vehicle
24-27 upon a highway in this State unless such person has a valid
25-1 driver's license issued under the provisions of this Act.
25-2 (b) A judge, at his discretion, may dismiss the charge of
25-3 driving with an expired driver's license if the defendant remedies
25-4 this defect within 10 working days. Additionally, the judge, at
25-5 his discretion, may assess an administrative fee not to exceed $10
25-6 when the charge of driving with an expired driver's license has
25-7 been remedied.
25-8 (c) A person may not receive a driver's license until he
25-9 surrenders to the Department all valid driver's licenses in his
25-10 possession issued to him by this or any other state. A surrendered
25-11 license issued by another state or notification of a surrendered
25-12 driver's license shall be forwarded <returned> to the state
25-13 accompanied by a statement that the person is licensed in this
25-14 State.
25-15 (d) No person holding a driver's license duly issued under
25-16 the provisions of this Act shall be required to obtain any license
25-17 for the operation of a motor vehicle from any other State authority
25-18 or department. <Subsection (c) of Section 4 of Article 911A and
25-19 Subsection (b) of Section 4 of Article 911B, Revised Civil
25-20 Statutes, is hereby repealed.>
25-21 Sec. 11. Issuance of Driver's Licenses. (a) The Department
25-22 shall, upon payment of the required fee, issue to every qualifying
25-23 applicant a driver's license as applied for. The license shall
25-24 bear a distinguishing number assigned to the licensee by the
25-25 Department, a color photograph of the licensee, the full name, date
25-26 of birth, residence address, and a brief description of the
25-27 licensee, and either a facsimile of the signature of the licensee
26-1 or a space upon which the licensee shall write his usual signature
26-2 with pen and ink immediately upon receipt of the license. No
26-3 license shall be valid until it has been so signed by the licensee.
26-4 The Department shall indicate <print the word and number> "UNDER
26-5 21" on <across> the face of each original, renewed, or duplicate
26-6 license issued to a licensee younger than 21 years of age<,> or
26-7 shall designate and clearly mark the license as a provisional
26-8 license as provided in Section 11A of this Act.
26-9 <The words and numbers must be in red ink and must be at
26-10 least one-fourth of an inch in height.>
26-11 (b) The Department may issue a temporary license without the
26-12 photograph to out-of-state applicants, members in the Armed Forces,
26-13 and in those situations where for any other reason the Department
26-14 finds it necessary. If a temporary license is issued it shall be
26-15 valid only until the applicant shall have had time to appear and
26-16 have his picture taken and a license with his photograph issued.
26-17 (c) On all provisional licenses issued under Section 11A of
26-18 this Act, the photograph of the licensee shall show a side profile.
26-19 On all other licenses, the photograph shall show the entire face of
26-20 the licensee.
26-21 Sec. 14A. Personal identification cards; fee. (a) The
26-22 Department shall issue personal identification cards, similar in
26-23 form but distinguishable in color from drivers' licenses. The
26-24 Department shall indicate <print the word and number> "UNDER 21" on
26-25 <across> the face of each personal identification certificate
26-26 issued to a person younger than 21 years of age. Certificates
26-27 issued under authority of this section shall expire on a date
27-1 specified by the Department. <The words and numbers must be in red
27-2 ink and must be at least one-fourth of an inch in height.>
27-3 (b) Original applications and applications for renewal of
27-4 identification cards shall require information and be submitted on
27-5 a form promulgated by the Department.
27-6 (c) The Department shall levy and collect a fee of Ten
27-7 Dollars ($10.00) for preparation and issuance of a card for a
27-8 person under 65 years of age. The fee for a person 65 years of age
27-9 or older is Five Dollars ($5.00).
27-10 (d) The Department shall maintain records of card
27-11 applications in the manner required by Subsection (a) of Section 21
27-12 of this Act for license applications and may destroy identification
27-13 card records in the manner provided by Subsection (c) of that
27-14 section for license records. The Department may cancel and require
27-15 surrender of a card after determining that the holder was not
27-16 entitled to its issuance or gave incorrect or incomplete
27-17 information in making an application.
27-18 (e) An individual, corporation, or association may not deny
27-19 a person access to goods, services, or facilities, except in regard
27-20 to the operation of a motor vehicle, on the ground that the person
27-21 holds a personal identification card rather than a driver's license
27-22 or permit.
27-23 SECTION 23. Subsection (a), Section 4B, Chapter 173, Acts of
27-24 the 47th Legislature, Regular Session, 1941 (Article 6687b,
27-25 Vernon's Texas Civil Statutes), is amended to read as follows:
27-26 (a) The department may not assign a total of more than 123
27-27 <100> commissioned officers plus supervising personnel to staff
28-1 driver's license facilities.
28-2 SECTION 24. Subdivision (3), Subsection (j), Section 21,
28-3 Chapter 173, Acts of the 47th Legislature, Regular Session, 1941
28-4 (Article 6687b, Vernon's Texas Civil Statutes), is amended to read
28-5 as follows:
28-6 (3) The department is not authorized to provide
28-7 class-type listings from the basic drivers' license record file to
28-8 any person or business except as provided by Section 44B(d) of this
28-9 Act<; provided, however, such information may be made available to
28-10 an official of the federal government, the state, a city, town,
28-11 county, special district, or other political subdivision for
28-12 official governmental purposes only>.
28-13 SECTION 25. Section 22, Chapter 173, Acts of the 47th
28-14 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
28-15 Civil Statutes), is amended by amending Subsection (b) and adding
28-16 Subsections (c) and (g) to read as follows:
28-17 (b) Except for the fifth (5th), eleventh (11th), and twelfth
28-18 (12th) listed grounds in this subsection, for which the director
28-19 has authority to revoke a license, the authority to suspend the
28-20 license of any driver as authorized in this Section is granted the
28-21 director upon determining that the person:
28-22 (1) has operated a motor vehicle on a highway while
28-23 the person's license was suspended;
28-24 (2) has been responsible as a driver for any accident
28-25 resulting in death;
28-26 (3) is an habitual reckless or negligent driver of a
28-27 motor vehicle;
29-1 (4) is an habitual violator of the traffic law.
29-2 The term "habitual violator" as used herein, shall mean any
29-3 person with four (4) or more convictions arising out of different
29-4 transactions in a consecutive period of twelve (12) months, or
29-5 seven (7) or more convictions arising out of different transactions
29-6 within a period of twenty-four (24) months, such convictions being
29-7 for moving violations of the traffic laws of any <this> state or
29-8 its political subdivisions other than a violation of:
29-9 (A) Section 3 or 5, Chapter 42, General Laws,
29-10 Acts of the 41st Legislature, 2nd Called Session, 1929 (Article
29-11 6701d-11, Vernon's Texas Civil Statutes);
29-12 (B) Chapter 293, Acts of the 53rd Legislature,
29-13 Regular Session, 1953 (Article 6701d-12, Vernon's Texas Civil
29-14 Statutes);
29-15 (C) Chapter 608, Acts of the 65th Legislature,
29-16 Regular Session, 1977 (Article 6701d-12a, Vernon's Texas Civil
29-17 Statutes);
29-18 (D) Chapter 73, Acts of the 54th Legislature,
29-19 Regular Session, 1955 (Article 6701d-13, Vernon's Texas Civil
29-20 Statutes);
29-21 (E) Chapter 212, Acts of the 56th Legislature,
29-22 Regular Session, 1959 (Article 6701d-14, Vernon's Texas Civil
29-23 Statutes);
29-24 (F) Chapter 8, Acts of the 62nd Legislature,
29-25 Regular Session, 1971 (Article 6701d-17, Vernon's Texas Civil
29-26 Statutes); or
29-27 (G) Section 107C, Uniform Act Regulating Traffic
30-1 on Highways (Article 6701d, Vernon's Texas Civil Statutes);
30-2 (5) is incapable of safely driving a motor vehicle;
30-3 (6) has permitted an unlawful or fraudulent use of
30-4 such license;
30-5 (7) has committed an offense in another state, which
30-6 if committed in this State would be grounds for suspension or
30-7 revocation;
30-8 (8) has violated a restriction imposed on the use of
30-9 the license;
30-10 (9) has been responsible as a driver for any accident
30-11 resulting in serious personal injury or serious property damage;
30-12 (10) is the holder of a provisional license under
30-13 Section 11A of this Act and has been convicted of two (2) or more
30-14 moving violations committed within a period of twelve (12) months;
30-15 (11) has not complied with the terms of a citation
30-16 issued by a jurisdiction that is a member of the Nonresident
30-17 Violator Compact of 1977 for a violation to which the compact
30-18 applies;
30-19 (12) has a warrant of arrest outstanding, for failure
30-20 to appear or pay a fine on a complaint, that is issued by a
30-21 political subdivision that has contracted with the Department under
30-22 Article 6687c, Revised Statutes;
30-23 (13) has committed an offense under Section 186,
30-24 Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
30-25 Texas Civil Statutes);
30-26 (14) has failed to provide medical records or has
30-27 failed to undergo medical or other examinations as required by a
31-1 panel of the Medical Advisory Board;
31-2 (15) has failed to take, or failed to pass, any
31-3 examination required by the director under this Act; or
31-4 (16) has been reported by a court under Section 1c or
31-5 2(a), Chapter 302, Acts of the 55th Legislature, Regular Session,
31-6 1957 (Article 6701l-4, Vernon's Texas Civil Statutes), for failure
31-7 to appear or default in payment of a fine unless the court has
31-8 filed an additional report on final disposition of the case.
31-9 (c) The Department is authorized to seek the suspension of
31-10 the license of any driver who has been convicted of a violation of
31-11 the provisions of the Driver's License Compact of 1993, Article
31-12 6701d-27, Revised Statutes. For the purposes of this Act, a
31-13 conviction shall be defined in the same manner as in the Driver's
31-14 License Compact of 1993.
31-15 (g)(1) The Director is authorized, pursuant to the
31-16 procedures in Subsection (a) of this section, to suspend the
31-17 driver's license of a person who is younger than 21 years of age,
31-18 is arrested or taken into custody for an offense under Article
31-19 6701l-1, Revised Statutes, and its subsequent amendments, or
31-20 Section 19.05(a)(2), Penal Code, and its subsequent amendments, and
31-21 submits to the taking of a specimen of breath or blood, if an
31-22 analysis of the specimen shows the person had an alcohol
31-23 concentration of 0.07 or more, but less than 0.10.
31-24 (2) The period of suspension under this subsection may
31-25 not exceed one (1) year.
31-26 (3) A peace officer who arrests or takes into custody
31-27 a person who is younger than twenty-one (21) years of age for an
32-1 offense specified in Subdivision (1) of this subsection shall as
32-2 soon as practicable send the Department a sworn report of
32-3 information relevant to the arrest or taking into custody if
32-4 analysis of the specimen showed an alcohol concentration of a level
32-5 specified in that subdivision. The report shall identify the
32-6 person who was arrested or taken into custody, state the officer's
32-7 grounds for believing the person committed the offense, and give
32-8 the analysis of the specimen. The report shall be made on a form
32-9 approved by the Department and in the manner specified by the
32-10 Department.
32-11 (4) A suspension under this subsection is a civil
32-12 matter, is independent of and is not an estoppel as to any matter
32-13 at issue in an adjudication of a criminal charge or a proceeding
32-14 under Chapter 51, Family Code, arising from the occurrence that is
32-15 the basis for the suspension, and does not preclude litigation of
32-16 the same or similar facts in a criminal prosecution or in a
32-17 proceeding under Chapter 51, Family Code. The disposition of a
32-18 criminal charge or a proceeding under Chapter 51, Family Code, does
32-19 not affect a suspension under this subsection and is not an
32-20 estoppel as to any matter at issue in a suspension proceeding under
32-21 this subsection.
32-22 (5) In this subsection "alcohol concentration" has the
32-23 meaning assigned by Subsection (a), Article 6701l-1, Revised
32-24 Statutes, and its subsequent amendments.
32-25 SECTION 26. Section 23, Chapter 173, Acts of the 47th
32-26 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
32-27 Civil Statutes), is amended by amending Subsection (c) and adding
33-1 Subsection (d) to read as follows:
33-2 (c) The Department may not reinstate a license suspended
33-3 under Section 22(b)(16) of this Act until<:>
33-4 <(1)> the court that filed the report for which the
33-5 license was suspended files an additional report on final
33-6 disposition of the case<; and>
33-7 <(2) the person whose license has been suspended pays
33-8 to the Department a fee of $25 in addition to any other fees
33-9 required by law>.
33-10 (d) The Department may not reinstate a license suspended or
33-11 revoked under Section 22 of this Act unless the person whose
33-12 license was suspended or revoked makes application to the
33-13 Department for reinstatement of the person's license and pays to
33-14 the Department a reinstatement fee of $50. The Department shall
33-15 remit all fees collected under this subsection to the comptroller
33-16 for deposit in the general revenue fund.
33-17 SECTION 27. Section 26, Chapter 173, Acts of the 47th
33-18 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
33-19 Civil Statutes), is amended to read as follows:
33-20 Sec. 26. SURRENDER AND RETURN OF LICENSE. The <(a) Except
33-21 as limited by Subsection (b) of this section, the> Department, upon
33-22 suspending or revoking a license, shall require that such license
33-23 shall be surrendered to and be retained by the Department except
33-24 that at the end of the period of suspension of such license, the
33-25 license so surrendered shall be returned to the licensee.
33-26 <(b) The Department may not return a license or reinstate a
33-27 privilege to operate a motor vehicle suspended under Section
34-1 24(a-1) of this Act, unless the person whose license or privilege
34-2 was suspended makes application to the Department for reinstatement
34-3 of the person's license or privilege and, in addition to any other
34-4 fee required by law, pays to the Department a reinstatement fee of
34-5 Five Dollars ($5.00).>
34-6 <(c) Fees paid under this section shall be deposited in the
34-7 state treasury to the credit of the Operator's and Chauffeur's
34-8 License Fund and shall be appropriated only to the Department to
34-9 administer the provisions of this Act.>
34-10 SECTION 28. Article VI, Chapter 173, Acts of the 47th
34-11 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
34-12 Civil Statutes), is amended by adding Section 44B to read as
34-13 follows:
34-14 Sec. 44B. RELEASE OF ADDRESS INFORMATION PROHIBITED.
34-15 (a) Except as provided by Section 21(j) of this Act and by
34-16 Subsections (d) and (e) of this section, the department may not
34-17 release information from its driver's license record files that
34-18 relates to the address of an individual if:
34-19 (1) the department's driver's license files contain an
34-20 executed statement of that individual that restricts public access
34-21 to that information; and
34-22 (2) the individual has, in writing:
34-23 (A) provided the department with a valid,
34-24 existing, and accurate mailing address, other than a post office
34-25 box number, in the city, if any, and the county in this state in
34-26 which the individual resides and to which public access is not to
34-27 be restricted;
35-1 (B) consented to receive service of process
35-2 under the laws of this state at that alternate address; and
35-3 (C) paid to the department a fee of $5 for
35-4 establishing or changing an alternate address at any time other
35-5 than when the individual renews the individual's driver's license
35-6 or personal identification card.
35-7 (b) The department shall provide written notice to each
35-8 applicant for an original or renewal of a driver's license, a
35-9 personal identification card, or a duplicate or corrected driver's
35-10 license or identification card that the applicant is entitled to
35-11 execute a statement that restricts public access to information
35-12 relating to the address of the applicant.
35-13 (c)(1) An individual who has submitted an executed statement
35-14 under this section shall notify the department of any change in the
35-15 individual's alternate address.
35-16 (2) Notification under this subsection must be made in
35-17 writing before the 10th day after the date on which the alternate
35-18 address is changed.
35-19 (d) The department may make information from driver's
35-20 license record files, including class-type listings, available to
35-21 an official of the federal government, the state, a municipality, a
35-22 county, a special district, or another political subdivision for
35-23 official government purposes only.
35-24 (e) The department is not prohibited under this section from
35-25 releasing information relating to the address of an individual who:
35-26 (1) gives the department an invalid, nonexistent, or
35-27 inaccurate alternate mailing address; or
36-1 (2) fails to provide the department with the
36-2 notification required by Subsection (c) of this section.
36-3 (f) An individual may at any time revoke the individual's
36-4 executed statement under Subsection (a) of this section.
36-5 Revocation of an executed statement must be made in writing in the
36-6 manner prescribed by the department.
36-7 (g) The department or an officer or employee of the
36-8 department is not liable to a person damaged or injured by release
36-9 of information to which public access is restricted under this
36-10 section.
36-11 SECTION 29. Section 2, Chapter 434, Acts of the 61st
36-12 Legislature, Regular Session, 1969 (Article 6701l-5, Vernon's Texas
36-13 Civil Statutes), is amended by amending Subsections (b) and (f) and
36-14 adding Subsection (j) to read as follows:
36-15 (b) Before requesting a person to give a specimen, the
36-16 officer shall inform the person orally and in writing that if the
36-17 person refuses to give the specimen, that refusal may be admissible
36-18 in a subsequent prosecution, and that the person's license, permit,
36-19 or privilege to operate a motor vehicle will be automatically
36-20 suspended for 90 days after the date of adjournment of the hearing
36-21 provided for in Subsection (f) of this section if the person is 21
36-22 years of age or older, or one year if the person is younger than 21
36-23 years of age, whether or not the person is subsequently prosecuted
36-24 as a result of the arrest. If the officer determines that the
36-25 person is a resident without a license or permit to operate a motor
36-26 vehicle in this state, the officer shall inform the person that the
36-27 Texas Department of Public Safety shall deny to the person the
37-1 issuance of a license or permit for a period of 90 days after the
37-2 date of adjournment of the hearing provided for in Subsection (f)
37-3 of this section if the person is 21 years of age or older, or one
37-4 year if the person is younger than 21 years of age, whether or not
37-5 the person is subsequently prosecuted as a result of the arrest.
37-6 The officer shall inform the person that the person has a right to
37-7 a hearing on suspension or denial if, not later than the 20th day
37-8 after the date on which the notice of suspension or denial is
37-9 received, the department receives a written demand that the hearing
37-10 be held.
37-11 (f) When the director receives the report, the director
37-12 shall suspend the person's license, permit, or nonresident
37-13 operating privilege, or shall issue an order prohibiting the person
37-14 from obtaining a license or permit, for 90 days if the person is 21
37-15 years of age or older, or one year if the person is younger than 21
37-16 years of age, effective 28 days after the date the person receives
37-17 notice by certified mail or 31 days after the date the director
37-18 sends notice by certified mail, if the person has not accepted
37-19 delivery of the notice. If, not later than the 20th day after the
37-20 date on which the person receives notice by certified mail or the
37-21 23rd day after the date the director sent notice by certified mail,
37-22 if the person has not accepted delivery of the notice, the
37-23 department receives a written demand that a hearing be held, the
37-24 department shall, not later than the 10th day after the day of
37-25 receipt of the demand, request a court to set the hearing for the
37-26 earliest possible date. The hearing shall be set in the same
37-27 manner as a hearing under Section 22(a), Chapter 173, Acts of the
38-1 47th Legislature, Regular Session, 1941, as amended (Article 6687b,
38-2 Vernon's Texas Civil Statutes). If, upon such hearing the court
38-3 finds (1) that probable cause existed that such person was driving
38-4 or in actual physical control of a motor vehicle on the highway or
38-5 upon a public beach while intoxicated, (2) that the person was
38-6 placed under arrest by the officer and was offered an opportunity
38-7 to give a specimen under the provisions of this Act, and (3) that
38-8 such person refused to give a specimen upon request of the officer,
38-9 then the Director of the Texas Department of Public Safety shall
38-10 suspend the person's license or permit to drive, or any nonresident
38-11 operating privilege for a period of 90 days if the person is 21
38-12 years of age or older, or for a period of not more than one year if
38-13 the person is younger than 21 years of age, as ordered by the
38-14 court. If the person is a resident without a license or permit to
38-15 operate a motor vehicle in this State, the Texas Department of
38-16 Public Safety shall deny to the person the issuance of a license or
38-17 permit for 90 days if the person is 21 years of age or older, or
38-18 for a period of not more than one year if the person is younger
38-19 than 21 years of age.
38-20 (j) The Texas Department of Public Safety may not reinstate
38-21 a license suspended under this section unless the person whose
38-22 license was suspended makes application to the Texas Department of
38-23 Public Safety for reinstatement of the person's license and pays to
38-24 the Texas Department of Public Safety a reinstatement fee of $50.
38-25 The Texas Department of Public Safety shall remit all fees
38-26 collected under this subsection to the comptroller for deposit in
38-27 the general revenue fund.
39-1 SECTION 30. Subsection (h), Section 13, Article 42.12, Code
39-2 of Criminal Procedure, is amended to read as follows:
39-3 (h) If a person convicted of an offense under Article
39-4 6701l-1, Revised Statutes, is punished under Subsection (c) of that
39-5 article and is placed on probation, the court shall require, as a
39-6 condition of the probation, that the defendant attend and
39-7 successfully complete before the 181st day after the day probation
39-8 is granted an educational program jointly approved by the Texas
39-9 Commission on Alcohol and Drug Abuse, the Department of Public
39-10 Safety, the Traffic Safety Section of the Texas <State> Department
39-11 of <Highways and Public> Transportation, and the community justice
39-12 assistance division of the Texas Department of Criminal Justice
39-13 <Texas Adult Probation Commission> designed to rehabilitate persons
39-14 who have driven while intoxicated. The Texas Commission on Alcohol
39-15 and Drug Abuse shall publish the jointly approved rules and shall
39-16 monitor, coordinate, and provide training to persons providing the
39-17 educational programs. The Texas Commission on Alcohol and Drug
39-18 Abuse is responsible for the administration of the certification of
39-19 approved educational programs and may charge a nonrefundable
39-20 application fee for the initial certification of approval and for
39-21 renewal of a certificate. The judge may waive the educational
39-22 program requirement, however, if the defendant by a motion in
39-23 writing shows good cause. In determining good cause, the judge may
39-24 consider but is not limited to: the offender's school and work
39-25 schedule, the offender's health, the distance that the offender
39-26 must travel to attend an educational program, and the fact that the
39-27 offender resides out of state, has no valid driver's license, or
40-1 does not have access to transportation. The judge shall set out
40-2 the finding of good cause in the judgment. If a person is
40-3 required, as a condition of probation, to attend an educational
40-4 program, the court clerk shall immediately report that fact to the
40-5 Department of Public Safety, on a form prescribed by the
40-6 department, for inclusion in the person's driving record. The
40-7 report must include the beginning date of the person's probation.
40-8 Upon the successful completion of the educational program, the
40-9 person shall give notice to the probation department. The
40-10 probation department shall then forward the notice to the court
40-11 clerk. The court clerk shall then report the date of successful
40-12 completion of the educational program to the Department of Public
40-13 Safety for inclusion in the person's driving record. If the
40-14 department does not receive notice that a person required to
40-15 complete an educational program has successfully completed the
40-16 program within the period required by this section, as shown on
40-17 department records, the department shall suspend the person's
40-18 driver's license, permit, or privilege or prohibit the person from
40-19 obtaining a license or permit, as provided by Section 24(g)(2),
40-20 Chapter 173, Acts of the 47th Legislature, Regular Session, 1941
40-21 (Article 6687b, Vernon's Texas Civil Statutes). The department may
40-22 not reinstate a license suspended under this subsection unless the
40-23 person whose license was suspended makes application to the
40-24 department for reinstatement of the person's license and pays to
40-25 the department a reinstatement fee of $50. The department shall
40-26 remit all fees collected under this subsection to the comptroller
40-27 for deposit in the general revenue fund. This subsection does not
41-1 apply to a defendant if a jury recommends probation for the
41-2 defendant and also recommends that the defendant's driver's license
41-3 not be suspended.
41-4 SECTION 31. Subsection (f), Section 139, Uniform Act
41-5 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
41-6 Statutes), is amended to read as follows:
41-7 (f) Any peace officer of any city having a population of
41-8 300,000 or more, certified for this purpose by the Director, may
41-9 detain any motor vehicle on any street or highway within such city
41-10 subject to this section or to any regulation adopted in accordance
41-11 with this section. Such certification procedures including the
41-12 proper training of said officers shall be determined by the
41-13 Department. The Department by rule shall establish reasonable fees
41-14 sufficient to recover from a city the costs of training and
41-15 certifying peace officers of the city under this section.
41-16 SECTION 32. Subsection (f), Section 141, Uniform Act
41-17 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
41-18 Statutes), is amended to read as follows:
41-19 (f) The Director may deny an application for a license, <or>
41-20 revoke or suspend an outstanding certificate of any inspection
41-21 station or the certificate of any person to inspect vehicles, place
41-22 on probation the holder of the certificate that has been suspended,
41-23 or reprimand the holder of a certificate, in addition to action
41-24 taken under Subsection (g) of this section, for any of the
41-25 following reasons:
41-26 (1) issuing a certificate without required
41-27 adjustments, corrections, or repairs having been made when an
42-1 inspection disclosed the necessity for those adjustments,
42-2 corrections, or repairs;
42-3 (2) refusing to allow the owner of the vehicle to have
42-4 required corrections or adjustments made by any qualified person he
42-5 may choose;
42-6 (3) issuing an inspection certificate without having
42-7 made an inspection of the vehicle;
42-8 (4) knowingly or wilfully issuing an inspection
42-9 certificate for a vehicle without the required items of inspection
42-10 or with items which were not at the time of issuance in good
42-11 condition and in conformity with the laws of this state or in
42-12 compliance with rules of the Commission;
42-13 (5) charging more than the required inspection fee;
42-14 (6) issuing an inspection certificate without being
42-15 certified to do so by the Department;
42-16 (7) proof of unfitness of applicant or licensee under
42-17 standards set out in this Act or in Commission rules;
42-18 (8) material misrepresentation in any application or
42-19 any other information filed under this Act or Commission rules;
42-20 (9) wilful failure to comply with this Act or any rule
42-21 promulgated by the Commission under the provisions of this Act;
42-22 (10) failure to maintain the qualifications for a
42-23 license; or
42-24 (11) any act or omission by the licensee, his agent,
42-25 servant, employee, or person acting in a representative capacity
42-26 for the licensee which act or omission would be cause to deny,
42-27 revoke, or suspend a license to an individual licensee.
43-1 If the holder of a suspended certificate is placed on
43-2 probation, the Director may require the holder of the certificate
43-3 to report regularly to the Department on matters that are the basis
43-4 of the probation.
43-5 When there is cause to deny an application for a certificate
43-6 of any inspection station or the certificate of any person to
43-7 inspect vehicles or revoke or suspend the outstanding certificate,
43-8 the Director shall, in less than thirty (30) days before refusal,
43-9 suspension, or revocation action is taken, notify the person, in
43-10 writing, in person, or by certified mail at the last address
43-11 supplied to the Department by the person, of the impending refusal,
43-12 suspension, or revocation, the reasons for taking that action, and
43-13 of his right to an administrative hearing for the purpose of
43-14 determining whether or not the evidence is sufficient to warrant
43-15 the refusal, suspension, or revocation action proposed to be taken
43-16 by the Director. If, within twenty (20) days after the personal
43-17 notice of the notice is sent or notice has been deposited in the
43-18 United States mail, the person has not made a written request to
43-19 the Director for this administrative hearing, the Director, without
43-20 a hearing, may suspend or revoke or refuse to issue any
43-21 certificate. On receipt by the Director of a written request of
43-22 the person within the twenty-day (20-day) period, an opportunity
43-23 for an administrative hearing shall be afforded as early as is
43-24 practicable. In no case shall the hearing be held less than ten
43-25 (10) days after written notification, including a copy of the
43-26 charges, is given the person by personal service or by certified
43-27 mail sent to the last address supplied to the Department by the
44-1 applicant or certificate holder. The administrative hearing in
44-2 these cases shall be before the Director or his designee. The
44-3 Director or his designee shall conduct the administrative hearing
44-4 and may administer oaths and issue subpoenas for the attendance of
44-5 witnesses and the production of relevant books, papers, or
44-6 documents. On the basis of the evidence submitted at the hearing,
44-7 the Director acting for himself or upon the recommendation of his
44-8 designee may refuse the application or suspend or revoke the
44-9 certificate.
44-10 Any person dissatisfied with the action of the Director,
44-11 without filing a motion for rehearing, may appeal the action of the
44-12 Director by filing a petition within thirty (30) days after the
44-13 action is taken in a district court in the county where the person
44-14 resides or in a district court of Travis County, and the court is
44-15 vested with jurisdiction, and it shall be the duty of the court to
44-16 set the matter for hearing upon ten (10) days written notice to the
44-17 Director and the attorney representing the Director. The court in
44-18 which the petition of appeal is filed shall determine whether any
44-19 action of the Director shall be suspended pending hearing and enter
44-20 its order accordingly, which shall be operative when served upon
44-21 the Director, and the Director shall provide the attorney
44-22 representing the Director with a copy of the petition and order.
44-23 The Director shall be represented in these appeals by the district
44-24 or county attorney of the county, or the attorney general, or any
44-25 of their assistants.
44-26 SECTION 33. Subdivisions (2) and (3), Subsection (c),
44-27 Section 142, Uniform Act Regulating Traffic on Highways (Article
45-1 6701d, Vernon's Texas Civil Statutes), are amended to read as
45-2 follows:
45-3 (2) The director shall discontinue the use of
45-4 supervisory commissioned peace officers to administer the motor
45-5 vehicle inspection and maintenance program established by this
45-6 article not later than September 1, 1995.
45-7 (3) The <By September 1, 1992, the> Department shall
45-8 reduce by September 1 of each year the number of commissioned peace
45-9 officers assigned to administer the motor vehicle inspection and
45-10 maintenance program <by no less than 25 percent below the number
45-11 assigned to that duty on the effective date of this subdivision and
45-12 shall reduce the number by similar or greater percentages by
45-13 September 1 of each succeeding year> so that by September 1, 1995,
45-14 no more than 25 commissioned officers will be assigned to the
45-15 program.
45-16 SECTION 34. Title 116, Revised Statutes, is amended by
45-17 adding Article 6701d-27 to read as follows:
45-18 Art. 6701d-27. DRIVER'S LICENSE COMPACT OF 1993
45-19 Sec. 1. COMPACT. The Driver's License Compact of 1993 is
45-20 hereby enacted into law and entered into with all other
45-21 jurisdictions legally joining therein.
45-22 Sec. 2. FINDINGS AND DECLARATION OF POLICY. (a) The states
45-23 find that:
45-24 (1) the safety of their streets and highways is
45-25 materially affected by the degree of compliance with state laws and
45-26 local ordinances relating to the operation of motor vehicles;
45-27 (2) violation of such a law or ordinance is evidence
46-1 that the violator engages in conduct which is likely to endanger
46-2 the safety of persons and property; and
46-3 (3) the continuance in force of a license to drive is
46-4 predicated on compliance with laws and ordinances relating to the
46-5 operation of motor vehicles in whichever jurisdiction the vehicle
46-6 is operated.
46-7 (b) It is the policy of each of the states to:
46-8 (1) promote compliance with the laws, ordinances, and
46-9 administrative rules and regulations relating to the operation of
46-10 motor vehicles by their operators in each of the jurisdictions
46-11 where the operators drive motor vehicles; and
46-12 (2) make the reciprocal recognition of licenses to
46-13 drive and eligibility therefor more just and equitable by
46-14 considering the overall compliance with motor vehicle laws,
46-15 ordinances, and administrative rules and regulations as a condition
46-16 precedent to the continuance or issuance of any license by reason
46-17 of which the licensee is authorized or permitted to operate a motor
46-18 vehicle in any of the states.
46-19 Sec. 3. DEFINITIONS. In this compact:
46-20 (1) "Commercial driver's license" means a license
46-21 issued by a state or other jurisdiction, in accordance with the
46-22 standards contained in 49 C.F.R. Part 383, to an individual which
46-23 authorizes the individual to operate a class of commercial motor
46-24 vehicle.
46-25 (2) "Conviction" has the same meaning as provided in
46-26 Subdivision (9), Section 3, Texas Commercial Driver's License Act
46-27 (Article 6687b-2, Revised Statutes).
47-1 (3) "Executive director" means the director of the
47-2 Department of Public Safety or the equivalent officer of another
47-3 state.
47-4 (4) "Hazardous materials" has the meaning assigned by
47-5 the Hazardous Materials Transportation Act (49 U.S.C. Section 1801
47-6 et seq.).
47-7 (5) "Hazardous waste" means any material that is
47-8 subject to the Hazardous Waste Manifest Requirement of the U.S.
47-9 Environmental Protection Agency specified in 40 C.F.R. Part 262.
47-10 (6) "Home state" means the state which has issued a
47-11 license or permit and has the power to suspend or revoke use of the
47-12 license or permit to operate a motor vehicle.
47-13 (7) "License" means a license or permit to operate a
47-14 motor vehicle issued by a state.
47-15 (8) "Licensing authority" means the Department of
47-16 Public Safety or the equivalent agency of another state.
47-17 (9) "Notification" means that a document has been sent
47-18 from one jurisdiction to another notifying anyone receiving the
47-19 information of withdrawal of the driving privilege or the
47-20 restoration of the privilege.
47-21 (10) "State" means a state, territory, or possession
47-22 of the United States, the District of Columbia, or the commonwealth
47-23 of Puerto Rico.
47-24 (11) "Violation" means the commission of an offense
47-25 related to the use or operation of a motor vehicle, even if there
47-26 has been no conviction. A suspension by reason of a violation
47-27 includes a suspension for failure to appear in court or comply with
48-1 a court order or suspension for violating an implied consent law.
48-2 Sec. 4. REPORTS OF CONVICTIONS. The licensing authority of
48-3 a state shall report each conviction of a person from another state
48-4 occurring within its jurisdiction to the licensing authority of the
48-5 home state of the licensee. Such report shall clearly identify the
48-6 person convicted; describe the violation specifying the section of
48-7 the statute, code, or ordinance violated; identify the court in
48-8 which action was taken; indicate whether a plea of guilty or not
48-9 guilty was entered or the conviction was a result of the forfeiture
48-10 of bail, bond, or other security; and include any special findings
48-11 made in connection with the conviction.
48-12 Sec. 5. EFFECT OF CONVICTION. (a) The licensing authority
48-13 in the home state, for the purpose of suspension, revocation,
48-14 cancellation, denial, disqualification, or limitation of the
48-15 privilege to operate a motor vehicle, shall give the same effect to
48-16 the conduct reported pursuant to Section 4 of this Act as it would
48-17 if such conduct had occurred in the home state in the case of
48-18 conviction for:
48-19 (1) manslaughter or negligent homicide resulting from
48-20 the operation of a motor vehicle;
48-21 (2) driving a motor vehicle while under the influence
48-22 of alcoholic beverages or a narcotic to a degree which renders the
48-23 driver incapable of safely driving a motor vehicle;
48-24 (3) any felony in the commission of which a motor
48-25 vehicle is used; or
48-26 (4) failure to stop and render aid or information in
48-27 the event of a motor vehicle accident resulting in the death or
49-1 personal injury of another.
49-2 (b) As to other convictions reported pursuant to this
49-3 compact, the licensing authority in the home state shall give such
49-4 effect to the conduct as is provided by the laws of the home state.
49-5 (c) If the laws of a state do not provide for offenses or
49-6 violations denominated or described in precisely the words employed
49-7 in Subsection (a) of this section, those offenses or violations of
49-8 a substantially similar nature and the laws of that state shall be
49-9 understood to contain such provisions as may be necessary to ensure
49-10 that full force and effect is given to this compact.
49-11 Sec. 6. APPLICATIONS FOR NEW LICENSES. On receiving an
49-12 application for a license to drive, the licensing authority in a
49-13 state shall ascertain whether the applicant has ever held or is the
49-14 holder of a license to drive issued by any other state. The
49-15 licensing authority in the state where application is made shall
49-16 not issue a license to the applicant if the applicant:
49-17 (1) has held a license but the license has been
49-18 suspended by reason, in whole or in part, of a violation and the
49-19 suspension period has not terminated;
49-20 (2) has held a license but the license has been
49-21 revoked by reason, in whole or in part, of a violation and the
49-22 revocation has not terminated, except that after the expiration of
49-23 one year from the date the license was revoked the person may apply
49-24 for a new license if permitted by law; the licensing authority may
49-25 refuse to issue a license to any such applicant if, after
49-26 investigation, the licensing authority determines that it will not
49-27 be safe to grant the person the privilege of driving a motor
50-1 vehicle on the public highways; or
50-2 (3) is the holder of a license issued by another state
50-3 currently in force unless the applicant surrenders such license or
50-4 provides an affidavit prescribed by the licensing authority that
50-5 such license is no longer in the person's possession.
50-6 Sec. 7. APPLICABILITY OF OTHER LAWS. Except as expressly
50-7 required by provisions of this compact, nothing contained herein
50-8 shall be construed to affect the right of any state to apply any of
50-9 its other laws relating to licenses to drive to any person or
50-10 circumstance nor to invalidate or prevent any driver's license
50-11 agreement or other cooperative arrangement between a member state
50-12 and a nonmember state.
50-13 Sec. 8. COMPACT ADMINISTRATOR AND INTERCHANGE OF INFORMATION
50-14 AND COMPENSATION OF EXPENSES. (a) The compact administrator shall
50-15 be appointed by the executive director of the licensing authority.
50-16 A compact administrator may provide for the discharge of his duties
50-17 and the performance of his position by an alternate. The
50-18 administrators, acting jointly, shall have the power to formulate
50-19 all necessary and proper procedures for the exchange of information
50-20 under this compact.
50-21 (b) The administrator of each state shall furnish to the
50-22 administrator of each other state any information or documents
50-23 reasonably necessary to facilitate the administration of this
50-24 compact.
50-25 (c) The compact administrator provided for in this compact
50-26 shall not be entitled to any additional compensation on account of
50-27 his service as such administrator but shall be entitled to expenses
51-1 incurred in connection with his duties and responsibilities as such
51-2 administrator in the same manner as for expenses incurred in
51-3 connection with any other duties or responsibilities of his office
51-4 or employment.
51-5 Sec. 9. EFFECTIVE DATE; WITHDRAWAL FROM COMPACT. (a) This
51-6 compact shall enter into force and become effective as to any state
51-7 when it has enacted the compact into law.
51-8 (b) Any member state may withdraw from this compact by
51-9 enacting a statute repealing the compact, but no such withdrawal
51-10 shall take effect until six months after the executive director of
51-11 the withdrawing state has given notice of the withdrawal to the
51-12 executive directors of all other member states. No withdrawal
51-13 shall affect the validity or applicability by the licensing
51-14 authorities of states remaining party to the compact of any report
51-15 of conviction occurring prior to the withdrawal.
51-16 Sec. 10. RULEMAKING AUTHORITY. The licensing authority may
51-17 adopt any rules and regulations deemed necessary by the executive
51-18 director to administer and enforce the provisions of this compact.
51-19 Sec. 11. CONSTRUCTION AND SEVERABILITY. This compact shall
51-20 be liberally construed so as to effectuate the purposes thereof.
51-21 The provisions of this compact shall be severable; if any phrase,
51-22 clause, sentence, or provision of this compact is declared to be
51-23 contrary to the constitution of any state or of the United States
51-24 or the applicability thereof to any government, agency, person, or
51-25 circumstance is held invalid, the validity of the remainder of this
51-26 compact and the applicability thereof to any government, agency,
51-27 person, or circumstance shall not be affected thereby. If this
52-1 compact is held contrary to the constitution of any state party
52-2 thereto, the compact shall remain in full force and effect in the
52-3 remaining states and in full force and effect in the state affected
52-4 with regard to all severable matters.
52-5 SECTION 35. Chapter 411, Government Code, is amended by
52-6 adding Subchapter F to read as follows:
52-7 SUBCHAPTER F. CRIMINAL HISTORY RECORD INFORMATION
52-8 Sec. 411.081. APPLICATION OF SUBCHAPTER. (a) This
52-9 subchapter does not apply to criminal history record information
52-10 that is contained in:
52-11 (1) posters, announcements, or lists for identifying
52-12 or apprehending fugitives or wanted persons;
52-13 (2) original records of entry, including police
52-14 blotters maintained by a criminal justice agency that are compiled
52-15 chronologically and required by law or long-standing practice to be
52-16 available to the public;
52-17 (3) public judicial, administrative, or legislative
52-18 proceedings;
52-19 (4) court records of public judicial proceedings;
52-20 (5) published judicial or administrative opinions; or
52-21 (6) announcements of executive clemency.
52-22 (b) This subchapter does not prohibit a criminal justice
52-23 agency from disclosing to the public criminal history record
52-24 information that is related to the offense for which a person is
52-25 involved in the criminal justice system.
52-26 (c) This subchapter does not prohibit a criminal justice
52-27 agency from confirming previous criminal history record information
53-1 to any person on specific inquiry about whether a named person was
53-2 arrested, detained, indicted, or formally charged on a specified
53-3 date, if the information disclosed is based on data excluded by
53-4 Subsection (b).
53-5 Sec. 411.082. DEFINITIONS. In this subchapter:
53-6 (1) "Administration of criminal justice" has the
53-7 meaning assigned by Article 60.01, Code of Criminal Procedure.
53-8 (2) "Criminal history record information" means
53-9 information collected about a person by a criminal justice agency
53-10 that consists of identifiable descriptions and notations of
53-11 arrests, detentions, indictments, informations, and other formal
53-12 criminal charges and their dispositions. The term does not
53-13 include:
53-14 (A) identification information, including
53-15 fingerprint records, to the extent that the identification
53-16 information does not indicate involvement of the person in the
53-17 criminal justice system; or
53-18 (B) driving record information maintained by the
53-19 department under Section 21, Chapter 173, Acts of the 47th
53-20 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
53-21 Civil Statutes).
53-22 (3) "Criminal justice agency" means:
53-23 (A) a federal or state agency that is engaged in
53-24 the administration of criminal justice under a statute or executive
53-25 order and that allocates a substantial portion of its annual budget
53-26 to the administration of criminal justice; or
53-27 (B) a nongovernmental railroad or campus police
54-1 department that has obtained an originating agency identifier from
54-2 the Federal Bureau of Investigation.
54-3 (4) "Criminal justice purpose" means:
54-4 (A) an activity that is included in the
54-5 administration of criminal justice; or
54-6 (B) screening of applicants for employment with
54-7 a criminal justice agency.
54-8 Sec. 411.083. DISSEMINATION OF CRIMINAL HISTORY RECORD
54-9 INFORMATION. (a) Criminal history record information maintained
54-10 by the department is confidential information for the use of the
54-11 department and, except as provided by this subchapter, may not be
54-12 disseminated by the department.
54-13 (b) The department shall grant access to criminal history
54-14 record information to:
54-15 (1) criminal justice agencies;
54-16 (2) noncriminal justice agencies authorized by federal
54-17 statute or executive order or by state statute to receive criminal
54-18 history record information;
54-19 (3) the person who is the subject of the criminal
54-20 history record information;
54-21 (4) a person working on a research or statistical
54-22 project that:
54-23 (A) is funded in whole or in part by state
54-24 funds; or
54-25 (B) meets the requirements of Part 22, Title 28,
54-26 Code of Federal Regulations, and is approved by the department; and
54-27 (5) an individual or an agency that has a specific
55-1 agreement with a criminal justice agency to provide services
55-2 required for the administration of criminal justice under that
55-3 agreement, if the agreement:
55-4 (A) specifically authorizes access to
55-5 information;
55-6 (B) limits the use of information to the
55-7 purposes for which it is given;
55-8 (C) ensures the security and confidentiality of
55-9 the information; and
55-10 (D) provides for sanctions if a requirement
55-11 imposed under Paragraph (A), (B), or (C) is violated.
55-12 (c) The department may disseminate criminal history record
55-13 information under Subsection (b)(1) only for a criminal justice
55-14 purpose. The department may disseminate criminal history record
55-15 information under Subsection (b)(2) only for a purpose specified in
55-16 the statute or order. The department may disseminate criminal
55-17 history record information under Subsection (b)(4) or (b)(5) only
55-18 for a purpose approved by the department and only under rules
55-19 adopted by the department.
55-20 (d) The department is not required to release or disclose
55-21 criminal history record information to any person that is not in
55-22 compliance with rules adopted by the department under this
55-23 subchapter or rules adopted by the Federal Bureau of Investigation
55-24 that relate to the dissemination or use of criminal history record
55-25 information.
55-26 Sec. 411.084. USE OF CRIMINAL HISTORY RECORD INFORMATION.
55-27 Criminal history record information obtained from the department
56-1 under this subchapter:
56-2 (1) is for the exclusive use of the authorized
56-3 recipient of the information; and
56-4 (2) may be disclosed or used by the recipient only if,
56-5 and only to the extent that, disclosure or use is authorized or
56-6 directed by:
56-7 (A) this subchapter;
56-8 (B) another statute;
56-9 (C) a rule adopted under a statute; or
56-10 (D) an order of a court of competent
56-11 jurisdiction.
56-12 Sec. 411.085. UNAUTHORIZED OBTAINING, USE, OR DISCLOSURE OF
56-13 CRIMINAL HISTORY RECORD INFORMATION; PENALTY. (a) A person
56-14 commits an offense if the person knowingly or intentionally:
56-15 (1) obtains criminal history record information in an
56-16 unauthorized manner, uses the information for an unauthorized
56-17 purpose, or discloses the information to a person who is not
56-18 entitled to the information;
56-19 (2) provides a person with a copy of the person's
56-20 criminal history record information obtained from the department;
56-21 or
56-22 (3) violates a rule of the department adopted under
56-23 this subchapter.
56-24 (b) An offense under Subsection (a) is a Class B
56-25 misdemeanor, except as provided by Subsection (c).
56-26 (c) An offense under Subsection (a) is a felony of the
56-27 second degree if the person:
57-1 (1) obtains, uses, or discloses criminal history
57-2 record information for remuneration or for the promise of
57-3 remuneration; or
57-4 (2) employs another person to obtain, use, or disclose
57-5 criminal history record information for remuneration or for the
57-6 promise of remuneration.
57-7 (d) The department shall provide each person who applies for
57-8 access to criminal history record information maintained by the
57-9 department with a copy of this section.
57-10 Sec. 411.086. RULES. (a) The department shall adopt rules
57-11 to administer this subchapter.
57-12 (b) Rules adopted by the department:
57-13 (1) shall provide for a uniform method of requesting
57-14 criminal history record information from the department;
57-15 (2) may require a person requesting criminal history
57-16 record information about an individual to submit to the department
57-17 one or more of the following:
57-18 (A) the complete name, race, and sex of the
57-19 individual;
57-20 (B) any known alias name of the individual;
57-21 (C) a complete set of the individual's
57-22 fingerprints;
57-23 (D) a recent photograph of the individual;
57-24 (E) any known identifying number of the
57-25 individual, including social security number, FBI number, driver's
57-26 license number, or state identification number;
57-27 (F) the individual's date of birth;
58-1 (G) any known alias dates of birth of the
58-2 individual; or
58-3 (H) any other information the department
58-4 determines is necessary to identify the individual or the record;
58-5 (3) shall provide for the methods and formats for
58-6 dissemination of criminal history record information; and
58-7 (4) shall provide security measures and policies that
58-8 are designed to guard against unauthorized release or dissemination
58-9 of criminal history record information that is maintained or
58-10 disseminated by the department.
58-11 Sec. 411.087. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION
58-12 MAINTAINED BY FEDERAL BUREAU OF INVESTIGATION OR LOCAL CRIMINAL
58-13 JUSTICE AGENCY. (a) A person, agency, department, political
58-14 subdivision, or other entity that is authorized by this subchapter
58-15 to obtain from the department criminal history record information
58-16 maintained by the department that relates to another person is
58-17 authorized to:
58-18 (1) obtain through the Federal Bureau of Investigation
58-19 criminal history record information maintained or indexed by that
58-20 bureau that pertains to that person; or
58-21 (2) obtain from any other criminal justice agency in
58-22 this state criminal history record information maintained by that
58-23 criminal justice agency that relates to that person.
58-24 (b) Any restriction or limitation in this subchapter on
58-25 criminal history record information that a person, agency,
58-26 department, political subdivision, or other entity is entitled to
58-27 obtain from the department applies equally to the criminal history
59-1 record information that the person, agency, department, political
59-2 subdivision, or other entity is entitled to obtain from the
59-3 identification division of the Federal Bureau of Investigation or
59-4 other criminal justice agency.
59-5 (c) Subsection (a) does not authorize a person, agency,
59-6 department, political subdivision, or other entity to obtain
59-7 criminal history record information from the identification
59-8 division of the Federal Bureau of Investigation if dissemination of
59-9 criminal history record information by the division is prohibited
59-10 by federal law, executive order, or rule.
59-11 (d) A person, agency, department, political subdivision, or
59-12 other entity that is not a criminal justice agency is entitled to
59-13 obtain criminal history record information from the Federal Bureau
59-14 of Investigation only if:
59-15 (1) the requestor submits a complete set of the
59-16 individual's fingerprints and other identifying information and
59-17 pays any fee required or approved by the bureau;
59-18 (2) no disqualifying record or information from a
59-19 state or local criminal justice agency is known to the requestor;
59-20 and
59-21 (3) the request is not for the purpose of
59-22 discriminating against a person because of the person's race, sex,
59-23 age, disability, religion, color, or national origin.
59-24 (e) Subsection (a)(1) does not apply to a volunteer center
59-25 under Section 411.126.
59-26 Sec. 411.088. FEES. (a) The department may charge a person
59-27 that is not primarily a criminal justice agency a fee for
60-1 processing inquiries for criminal history record information. The
60-2 department may charge:
60-3 (1) a fee of $10 for each inquiry for criminal history
60-4 record information on a person that is processed only on the basis
60-5 of the person's name, unless the inquiry is submitted
60-6 electronically or by magnetic media, in which event the fee is $1;
60-7 (2) a fee of $15 for each inquiry for criminal history
60-8 record information on a person that is processed on the basis of a
60-9 fingerprint comparison search; and
60-10 (3) actual costs for processing all other information
60-11 inquiries.
60-12 (b) The department shall deposit all fees collected under
60-13 this section in the Operator's and Chauffeur's License Fund.
60-14 Sec. 411.089. ACCESS TO CRIMINAL HISTORY RECORD
60-15 INFORMATION: CRIMINAL JUSTICE AGENCY. (a) A criminal justice
60-16 agency is entitled to obtain from the department any criminal
60-17 history record information maintained by the department about a
60-18 person.
60-19 (b) Criminal history record information obtained under
60-20 Subsection (a) may be released by the criminal justice agency:
60-21 (1) to any other criminal justice agency, if such
60-22 release is for a criminal justice purpose; and
60-23 (2) through audio response terminals and radio
60-24 devices, whether digital or voice, if such dissemination is in
60-25 accordance with rules promulgated by the department.
60-26 Sec. 411.090. ACCESS TO CRIMINAL HISTORY RECORD
60-27 INFORMATION: CENTRAL EDUCATION AGENCY. (a) The Central Education
61-1 Agency is entitled to obtain from the department any criminal
61-2 history record information maintained by the department about a
61-3 person who has applied to the agency for a teaching certificate.
61-4 (b) Criminal history record information obtained by the
61-5 agency under Subsection (a):
61-6 (1) may be used for any purpose related to the
61-7 issuance, denial, suspension, or cancellation of a teaching
61-8 certificate issued by the agency;
61-9 (2) may not be released to any person except on court
61-10 order or with the consent of the applicant for a teaching
61-11 certificate; and
61-12 (3) shall be destroyed by the agency after the
61-13 information is used for the authorized purposes.
61-14 Sec. 411.091. ACCESS TO CRIMINAL HISTORY RECORD
61-15 INFORMATION: TEXAS ALCOHOLIC BEVERAGE COMMISSION. (a) The Texas
61-16 Alcoholic Beverage Commission is entitled to obtain from the
61-17 department criminal history record information maintained by the
61-18 department that:
61-19 (1) the commission believes is necessary for the
61-20 enforcement or administration of the Alcoholic Beverage Code; or
61-21 (2) pertains to a person who, under the Bingo Enabling
61-22 Act (Article 179d, Vernon's Texas Civil Statutes), is:
61-23 (A) an operator or an applicant to act as an
61-24 operator of bingo occasions;
61-25 (B) an officer of an organization that applies
61-26 for or holds a license to conduct bingo;
61-27 (C) a person who works at or will work at
62-1 proposed bingo games;
62-2 (D) an applicant for a license to act or a
62-3 person who holds a license to act as a commercial lessor,
62-4 manufacturer, or distributor;
62-5 (E) a spouse of or a person related in the first
62-6 degree by consanguinity or affinity, as determined under Article
62-7 5996h, Revised Statutes, to:
62-8 (i) a person who has a greater than 10
62-9 percent proprietary, equitable, or credit interest; or
62-10 (ii) a person who is an employee of or is
62-11 active in a firm or corporation applying for a license to act or a
62-12 person who holds a license to act as a commercial lessor,
62-13 manufacturer, or distributor; or
62-14 (F) a person required to be named in an
62-15 application for a license to act or a person who holds a license to
62-16 act as a commercial lessor, manufacturer, or distributor.
62-17 (b) Criminal history record information obtained by the
62-18 commission under Subsection (a)(1) may be used only for the
62-19 enforcement and administration of the Alcoholic Beverage Code.
62-20 (c) Criminal history record information obtained by the
62-21 commission under Subsection (a)(2):
62-22 (1) may be used only for the enforcement and
62-23 administration of the Bingo Enabling Act (Article 179d, Vernon's
62-24 Texas Civil Statutes); and
62-25 (2) may not be released to any person or agency except
62-26 on court order or with the written consent of the person being
62-27 investigated, unless the information is entered into evidence by
63-1 the commission at an administrative hearing under that Act.
63-2 Sec. 411.0915. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION
63-3 OF POLITICAL SUBDIVISIONS: TEXAS ALCOHOLIC BEVERAGE COMMISSION.
63-4 The commission is entitled to receive criminal history record
63-5 information, without charge, from any political subdivision of this
63-6 state. Information obtained may only be used by the commission for
63-7 the enforcement of the Alcoholic Beverage Code.
63-8 Sec. 411.092. ACCESS TO CRIMINAL HISTORY RECORD
63-9 INFORMATION: BANKING COMMISSIONER. (a) The banking commissioner
63-10 is entitled to obtain from the department criminal history record
63-11 information maintained by the department that relates to a person
63-12 who is:
63-13 (1) an applicant for a license under Article 350,
63-14 Revised Statutes; or
63-15 (2) a principal of an applicant for a license under
63-16 that article.
63-17 (b) Criminal history record information obtained by the
63-18 commissioner under Subsection (a), except on court order or as
63-19 provided by Subsection (c), may not be released or disclosed to any
63-20 person.
63-21 (c) The commissioner is not prohibited from disclosing to
63-22 the individual who is the subject of the information the dates and
63-23 places of arrests, the offenses, and the dispositions in the
63-24 criminal history record information.
63-25 Sec. 411.093. ACCESS TO CRIMINAL HISTORY RECORD
63-26 INFORMATION: TEXAS DEPARTMENT OF LICENSING AND REGULATION.
63-27 (a) The Texas Department of Licensing and Regulation is entitled
64-1 to obtain from the department criminal history record information
64-2 maintained by the department that relates to a person who is:
64-3 (1) an applicant for a license under the Texas Boxing
64-4 and Wrestling Act (Article 8501-1, Vernon's Texas Civil Statutes);
64-5 or
64-6 (2) the holder of a license under that Act.
64-7 (b) The Texas Department of Licensing and Regulation is
64-8 entitled only to criminal history record information that relates
64-9 to the arrest or conviction of the person.
64-10 Sec. 411.094. ACCESS TO CRIMINAL HISTORY RECORD
64-11 INFORMATION: INSTITUTION OF HIGHER EDUCATION. (a) In this
64-12 section:
64-13 (1) "Institution of higher education":
64-14 (A) has the meaning assigned by Section 61.003,
64-15 Education Code; or
64-16 (B) means a private institution of higher
64-17 education that is accredited by the Commission on Colleges of the
64-18 Southern Association of Colleges and Schools.
64-19 (2) "Security-sensitive position" means employment in
64-20 an institution of higher education held by an employee who:
64-21 (A) handles currency;
64-22 (B) has access to a computer terminal;
64-23 (C) has access to a master key; or
64-24 (D) works in a location designated as a
64-25 security-sensitive area.
64-26 (b) An institution of higher education is entitled to obtain
64-27 from the department criminal history record information maintained
65-1 by the department that relates to a person who is an applicant for
65-2 a security-sensitive position.
65-3 (c) Criminal history record information obtained by an
65-4 institution of higher education under Subsection (b) may be used
65-5 only for the purpose of evaluating applicants for employment in
65-6 security-sensitive positions.
65-7 (d) Conviction information received by an institution of
65-8 higher education under Subsection (b) may not be released or
65-9 disclosed to any person except on court order.
65-10 (e) After the expiration of the probationary term of the
65-11 individual's employment, all criminal history record information
65-12 obtained about an individual under Subsection (b) shall be
65-13 destroyed by the chief of police of the institution of higher
65-14 education.
65-15 Sec. 411.095. ACCESS TO CRIMINAL HISTORY RECORD
65-16 INFORMATION: CONSUMER CREDIT COMMISSIONER. (a) The consumer
65-17 credit commissioner is entitled to obtain from the department
65-18 criminal history record information that relates to a person who
65-19 is:
65-20 (1) an applicant for a license under the Texas
65-21 Pawnshop Act (Article 5069-51.01 et seq., Vernon's Texas Civil
65-22 Statutes); or
65-23 (2) the holder of a license under that Act.
65-24 (b) The commissioner is entitled only to criminal history
65-25 record information that relates to the arrest or conviction of the
65-26 person.
65-27 Sec. 411.096. ACCESS TO CRIMINAL HISTORY RECORD
66-1 INFORMATION: TEXAS RACING COMMISSION. (a) The Texas Racing
66-2 Commission is entitled to obtain from the department criminal
66-3 history record information maintained by the department that
66-4 pertains to a person who is:
66-5 (1) appointed to the commission;
66-6 (2) an applicant for employment by the commission; or
66-7 (3) an applicant for a license under the Texas Racing
66-8 Act (Article 179e, Vernon's Texas Civil Statutes).
66-9 (b) Criminal history record information obtained by the
66-10 commission under Subsection (a) may not be released or disclosed to
66-11 any person except in a criminal proceeding, in a hearing conducted
66-12 by the commission, on court order, or with the consent of the
66-13 applicant.
66-14 Sec. 411.097. ACCESS TO CRIMINAL HISTORY RECORD
66-15 INFORMATION: SCHOOL DISTRICT. (a) In this section, "school
66-16 district" means any public school district in this state.
66-17 (b)(1) A school district is entitled to obtain from the
66-18 department criminal history record information maintained by the
66-19 department that the district is required or authorized to obtain
66-20 under Section 21.917, Education Code, that relates to a person who
66-21 is:
66-22 (A) an applicant for employment by the district;
66-23 or
66-24 (B) an employee of or an applicant for
66-25 employment with a public or commercial transportation company that
66-26 contracts with the district to provide transportation services if
66-27 the employee drives or the applicant will drive a bus in which
67-1 students of the district are transported.
67-2 (2) A school district is entitled to obtain from the
67-3 department, no more than twice each year, criminal history record
67-4 information maintained by the department that the district is
67-5 required or authorized to obtain under Section 21.917, Education
67-6 Code, that relates to a person who is a current employee of the
67-7 school district.
67-8 (c) Criminal history record information obtained by a school
67-9 district under Subsection (b) may not be released or disclosed to
67-10 any person, other than the individual who is the subject of the
67-11 information, the Central Education Agency, or a person specified in
67-12 Section 21.917(h), Education Code.
67-13 Sec. 411.0975. ACCESS TO CRIMINAL HISTORY RECORD
67-14 INFORMATION: PRIVATE SCHOOLS. (a) In this section, "private
67-15 school" means a school that:
67-16 (1) offers a course of instruction for students in one
67-17 or more grades from prekindergarten through grade 12; and
67-18 (2) is not operated by a government entity.
67-19 (b) A private school is entitled to obtain from the
67-20 department criminal history record information maintained by the
67-21 department that a school district is required to authorize to
67-22 obtain under Section 21.917, Education Code, that relates to a
67-23 person who is:
67-24 (1) an employee of the private school;
67-25 (2) an applicant for employment by the private school;
67-26 or
67-27 (3) an employee of or an applicant for employment with
68-1 a public or commercial transportation company that contracts with
68-2 the private school to provide transportation services if the
68-3 employee drives or the applicant will drive a bus in which students
68-4 of the private school are transported.
68-5 (c) Criminal history record information obtained by a
68-6 private school under Subsection (b) may not be released or
68-7 disclosed to any person, other than the individual who is the
68-8 subject of the information, the Central Education Agency, or a
68-9 person specified in Section 21.917(h), Education Code.
68-10 Sec. 411.098. ACCESS TO CRIMINAL HISTORY RECORD
68-11 INFORMATION: TEXAS SCHOOL FOR THE BLIND AND VISUALLY IMPAIRED.
68-12 (a) The Texas School for the Blind and Visually Impaired is
68-13 entitled to obtain criminal history record information maintained
68-14 by the Department of Public Safety, the Federal Bureau of
68-15 Investigation identification division, or another law enforcement
68-16 agency which relates to school employees, professional consultants,
68-17 applicants for permanent, temporary, or consultative employment and
68-18 volunteer positions whose employment or potential employment or
68-19 volunteer positions with the school involves direct interactions
68-20 with or the opportunity to interact and associate with the children
68-21 or youth attending the school.
68-22 (b) Criminal history record information obtained by the
68-23 school under Subsection (a) may not be released or disclosed to any
68-24 person except on court order, with the consent of the person who is
68-25 the subject of the criminal history record information, or as
68-26 provided by Subsection (d).
68-27 (c) The school shall destroy criminal history record
69-1 information that relates to a person after the information is used
69-2 for its authorized purpose.
69-3 (d) The school may provide the applicant, employee,
69-4 professional consultant, or volunteer with a copy of their
69-5 respective criminal history record information obtained from the
69-6 Department of Public Safety, Federal Bureau of Investigation
69-7 identification division, or another law enforcement agency.
69-8 (e) The failure or refusal to provide a complete set of
69-9 fingerprints or a complete name on request constitutes good cause
69-10 for dismissal or refusal to hire, as applicable, with regard to
69-11 school employees, professional consultants, and applicants for
69-12 permanent, temporary, or consultative employment or volunteer
69-13 positions whose employment or potential employment or volunteer
69-14 position with the school involves direct interactions with or the
69-15 opportunity to interact and associate with the children or youth
69-16 attending the school.
69-17 Sec. 411.099. ACCESS TO CRIMINAL HISTORY RECORD
69-18 INFORMATION: TEXAS STATE BOARD OF MEDICAL EXAMINERS. The Texas
69-19 State Board of Medical Examiners is entitled to obtain from the
69-20 department criminal history record information maintained by the
69-21 department that relates to a person who is:
69-22 (1) an applicant for a license under the Medical
69-23 Practice Act (Article 4495b, Vernon's Texas Civil Statutes); or
69-24 (2) the holder of a license under that Act.
69-25 Sec. 411.100. ACCESS TO CRIMINAL HISTORY RECORD
69-26 INFORMATION: BOARD OF LAW EXAMINERS. (a) The Board of Law
69-27 Examiners is entitled to obtain from the department criminal
70-1 history record information maintained by the department that
70-2 relates to a person who is an applicant to take a bar examination.
70-3 (b) Criminal history record information obtained by the
70-4 board under Subsection (a) may not be released or disclosed to any
70-5 person, except on court order or with consent of the applicant.
70-6 (c) Immediately following the board's decision on
70-7 recommending an applicant, the board shall collect and seal all
70-8 criminal history record information obtained by the board that
70-9 relates to that applicant.
70-10 Sec. 411.101. ACCESS TO CRIMINAL HISTORY RECORD
70-11 INFORMATION: TEXAS STRUCTURAL PEST CONTROL BOARD. The Texas
70-12 Structural Pest Control Board is entitled to obtain from the
70-13 department criminal history record information maintained by the
70-14 department that relates to a person who is:
70-15 (1) an applicant for a structural pest control
70-16 business license under the Texas Structural Pest Control Act
70-17 (Article 135b-6, Vernon's Texas Civil Statutes);
70-18 (2) an applicant for a certified applicator's license
70-19 under that Act; or
70-20 (3) a holder of a structural pest control business
70-21 license or a certified applicator's license under that Act.
70-22 Sec. 411.102. ACCESS TO CRIMINAL HISTORY RECORD
70-23 INFORMATION: MCGRUFF HOUSE PROGRAM. (a) In this section:
70-24 (1) "McGruff House" means a house that has been
70-25 designated as a temporary haven for school-age children by a
70-26 McGruff House program.
70-27 (2) "McGruff House program" means a program organized
71-1 by local law enforcement agencies and civic organizations to
71-2 provide a temporary haven and sense of security to school-age
71-3 children in emergency or threatening situations.
71-4 (b) A local law enforcement agency involved in establishing
71-5 a McGruff House program is entitled to obtain from the department
71-6 criminal history record information maintained by the department
71-7 that relates to a person who is an adult residing in a McGruff
71-8 House.
71-9 Sec. 411.103. ACCESS TO CRIMINAL HISTORY RECORD
71-10 INFORMATION: CHILD WATCH PROGRAM. (a) In this section, "child
71-11 watch program" means a program organized by a local civic
71-12 organization with the cooperation of a school district to protect
71-13 schoolchildren by having parents or volunteers patrol their
71-14 residential neighborhoods and schools to watch for suspicious
71-15 activity, dangers, and threats to children.
71-16 (b) A local law enforcement agency that participates in a
71-17 child watch program is entitled to obtain from the department
71-18 criminal history record information maintained by the department
71-19 that relates to a person who:
71-20 (1) is a participant in the program; and
71-21 (2) gives written consent to the disclosure of the
71-22 information.
71-23 (c) Criminal history record information obtained by a law
71-24 enforcement agency under Subsection (b) may not be released or
71-25 disclosed except on court order or with the consent of the person
71-26 who is the subject of the criminal history record information.
71-27 Sec. 411.104. ACCESS TO CRIMINAL HISTORY RECORD
72-1 INFORMATION: TEXAS EMPLOYMENT COMMISSION. (a) In this section,
72-2 "security sensitive position" has the meaning assigned by Section
72-3 11-E(a), Texas Unemployment Compensation Act (Article 5221b-9e,
72-4 Vernon's Texas Civil Statutes).
72-5 (b) The Texas Employment Commission is entitled to obtain
72-6 from the department criminal history record information maintained
72-7 by the department that relates to a person who is an applicant for
72-8 a security sensitive position.
72-9 (c) Criminal history record information obtained by the
72-10 commission under Subsection (b) may not be released or disclosed to
72-11 any person except on court order or with the written consent of the
72-12 person who is the subject of the criminal history record
72-13 information.
72-14 (d) After the commission hires an applicant for a security
72-15 sensitive position, the commission shall seal the criminal history
72-16 record information that relates to the applicant and deliver the
72-17 information to the agency administrator or the administrator's
72-18 designee, who shall destroy the information.
72-19 (e) The commission shall destroy the criminal history record
72-20 information of an applicant who is not hired.
72-21 Sec. 411.105. ACCESS TO CRIMINAL HISTORY RECORD
72-22 INFORMATION: TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY. The Texas
72-23 State Board of Public Accountancy is entitled to obtain from the
72-24 department criminal history record information maintained by the
72-25 department that relates to a person who is:
72-26 (1) an applicant for certification as a certified
72-27 public accountant under the Public Accountancy Act of 1991 (Article
73-1 41a-1, Vernon's Texas Civil Statutes);
73-2 (2) an applicant to take the uniform CPA examination
73-3 under that Act; or
73-4 (3) an applicant to register under Section 14 of that
73-5 Act.
73-6 Sec. 411.106. ACCESS TO CRIMINAL HISTORY RECORD
73-7 INFORMATION: TEXAS DEPARTMENT OF INSURANCE. (a) The Texas
73-8 Department of Insurance for good cause shown is entitled to obtain
73-9 from the department criminal history record information maintained
73-10 by the department that relates to a person who is:
73-11 (1) an applicant for a license, permit, certificate of
73-12 authority, certificate of registration, or other authorization
73-13 issued by the State Board of Insurance to engage in an activity
73-14 regulated under the Insurance Code; or
73-15 (2) a corporate officer of an insurance company
73-16 regulated by the Texas Department of Insurance.
73-17 (b) Criminal history record information obtained by the
73-18 Texas Department of Insurance under Subsection (a) may not be
73-19 disclosed or released to any person except on court order or with
73-20 the consent of the person who is the subject of the criminal
73-21 history record information.
73-22 (c) After the Texas Department of Insurance makes a
73-23 determination as to the issuance of a license or certificate of
73-24 authority to an applicant, the Texas Department of Insurance shall
73-25 seal the criminal history record information regarding the
73-26 applicant and shall deliver the information to the commissioner of
73-27 insurance or the commissioner's designee, who shall maintain the
74-1 information as provided by State Board of Insurance rule.
74-2 Sec. 411.107. ACCESS TO CRIMINAL HISTORY RECORD
74-3 INFORMATION: RECEIVER. (a) In this section, "receiver" has the
74-4 meaning assigned by Article 21.28, Insurance Code.
74-5 (b) A receiver is entitled to obtain from the department
74-6 criminal history record information maintained by the department
74-7 that the receiver believes is necessary for the investigation of
74-8 any matter relating to a receivership estate.
74-9 (c) Criminal history record information obtained by a
74-10 receiver under Subsection (b) may not be released or disclosed to
74-11 any person except on court order or with the consent of the person
74-12 who is the subject of the criminal history record information.
74-13 (d) A receiver may destroy criminal history record
74-14 information obtained under Subsection (b) after the purpose for
74-15 which the information was obtained is accomplished.
74-16 Sec. 411.108. ACCESS TO CRIMINAL HISTORY RECORD
74-17 INFORMATION: COMPTROLLER OF PUBLIC ACCOUNTS. (a) The comptroller
74-18 is entitled to obtain from the department criminal history record
74-19 information maintained by the department that relates to a person
74-20 who, under the State Lottery Act (Article 179g, Vernon's Texas
74-21 Civil Statutes), is:
74-22 (1) a sales agent or an applicant for a sales agent
74-23 license;
74-24 (2) a person required to be named in a license
74-25 application;
74-26 (3) a lottery operator or prospective lottery
74-27 operator;
75-1 (4) an employee of a lottery operator or prospective
75-2 lottery operator, if the employee is or will be directly involved
75-3 in lottery operations;
75-4 (5) a person who manufactures or distributes lottery
75-5 equipment or supplies or a representative of a person who
75-6 manufactures or distributes lottery equipment or supplies offered
75-7 to the lottery;
75-8 (6) a person who has submitted a written bid or
75-9 proposal to the division in connection with the procurement of
75-10 goods or services by the division, if the amount of the bid or
75-11 proposal exceeds $500;
75-12 (7) an employee or other person who works for or will
75-13 work for a sales agent or an applicant for a sales agent license;
75-14 (8) a person who proposes to enter into or who has a
75-15 contract with the division to supply goods or services to the
75-16 division;
75-17 (9) if a person described in Subdivisions (1) through
75-18 (8) of this section is not an individual, an individual who:
75-19 (A) is an officer or director of the person;
75-20 (B) holds more than 10 percent of the stock in
75-21 the person;
75-22 (C) holds an equitable interest greater than 10
75-23 percent in the person;
75-24 (D) is a creditor of the person who holds more
75-25 than 10 percent of the person's outstanding debt;
75-26 (E) is the owner or lessee of a business that
75-27 the person conducts or through which the person will conduct
76-1 lottery-related activities;
76-2 (F) shares or will share in the profits, other
76-3 than stock dividends, of the person;
76-4 (G) participates in managing the affairs of the
76-5 person; or
76-6 (H) is an employee of the person who is or will
76-7 be involved in:
76-8 (i) selling tickets; or
76-9 (ii) handling money from the sale of
76-10 tickets;
76-11 (10) the director or a prospective director of the
76-12 lottery division;
76-13 (11) an employee or prospective employee of the
76-14 lottery division; or
76-15 (12) a sales agent whose license is renewed under
76-16 Section 3.01(h) of that Act.
76-17 (b) Criminal history record information obtained by the
76-18 comptroller under Subsection (a) may not be released or disclosed
76-19 to any person except on court order or as provided by Subsection
76-20 (c).
76-21 (c) The comptroller is not prohibited from disclosing to the
76-22 person who is the subject of the criminal history record
76-23 information the dates and places of arrests, offenses, and
76-24 dispositions contained in the criminal history record information.
76-25 Sec. 411.109. ACCESS TO CRIMINAL HISTORY RECORD
76-26 INFORMATION: STATE TREASURER. (a) The treasurer is entitled to
76-27 obtain from the department criminal history record information
77-1 maintained by the department that the treasurer believes is
77-2 necessary for the enforcement or administration of Chapter 154 or
77-3 Chapter 155, Tax Code, including criminal history record
77-4 information that relates to a person who is:
77-5 (1) an applicant for a permit under Chapter 154 or
77-6 Chapter 155, Tax Code;
77-7 (2) a permit holder under either of those chapters;
77-8 (3) an officer, director, stockholder owning 10
77-9 percent or more of the outstanding stock, partner, owner, or
77-10 managing employee of an applicant or permit holder under either of
77-11 those chapters that is a corporation, association, joint venture,
77-12 syndicate, partnership, or proprietorship;
77-13 (4) believed to have violated Chapter 154 or Chapter
77-14 155, Tax Code; or
77-15 (5) being considered by the treasurer for employment
77-16 as a peace officer.
77-17 (b) Criminal history record information obtained by the
77-18 treasurer under Subsection (a) may not be released or disclosed to
77-19 any person except on court order or as provided by Subsection (c).
77-20 (c) The treasurer is not prohibited from disclosing to a
77-21 person who is the subject of criminal history record information
77-22 the dates and places of arrests, the offenses, and the dispositions
77-23 in the criminal history record information.
77-24 Sec. 411.110. ACCESS TO CRIMINAL HISTORY RECORD
77-25 INFORMATION: TEXAS DEPARTMENT OF HEALTH. (a) The Texas
77-26 Department of Health is entitled to obtain from the department
77-27 criminal history record information maintained by the department
78-1 that relates to a person who is:
78-2 (1) an applicant for a license or certificate under
78-3 the Emergency Medical Services Act (Chapter 773, Health and Safety
78-4 Code);
78-5 (2) an owner or manager of an applicant for an
78-6 emergency medical services provider license under that Act; or
78-7 (3) the holder of a license or certificate under that
78-8 Act.
78-9 (b) Criminal history record information obtained by the
78-10 Texas Department of Health under Subsection (a) may not be released
78-11 or disclosed to any person except on court order, with the written
78-12 consent of the person or entity that is the subject of the criminal
78-13 history record information, or as provided by Subsection (e).
78-14 (c) After an entity is licensed or certified, the Texas
78-15 Department of Health shall destroy the criminal history record
78-16 information that relates to that entity.
78-17 (d) The Texas Board of Health shall destroy criminal history
78-18 record information that relates to an applicant that is not
78-19 certified.
78-20 (e) The Texas Board of Health is not prohibited from
78-21 disclosing criminal history record information obtained under
78-22 Subsection (a) in a criminal proceeding or in a hearing conducted
78-23 by the Texas Department of Health.
78-24 Sec. 411.111. ACCESS TO CRIMINAL HISTORY RECORD
78-25 INFORMATION: DISTRICT COURT; NAME CHANGES. A district court is
78-26 entitled to obtain from the department criminal history record
78-27 information maintained by the department that relates to a person
79-1 who is:
79-2 (1) an adult; and
79-3 (2) has petitioned the court to order a change of name
79-4 for the person.
79-5 Sec. 411.112. ACCESS TO CRIMINAL HISTORY RECORD
79-6 INFORMATION: COMMISSION ON LAW ENFORCEMENT OFFICER STANDARDS AND
79-7 EDUCATION. The Commission on Law Enforcement Officer Standards and
79-8 Education is entitled to obtain from the department criminal
79-9 history record information maintained by the department that
79-10 relates to a person who is:
79-11 (1) an applicant for a license under Chapter 415; or
79-12 (2) the holder of a license under that chapter.
79-13 Sec. 411.113. ACCESS TO CRIMINAL HISTORY RECORD
79-14 INFORMATION: TEXAS SCHOOL FOR THE DEAF. (a) The Texas School for
79-15 the Deaf is entitled to obtain criminal history record information
79-16 maintained by the Department of Public Safety, the Federal Bureau
79-17 of Investigation identification division, or another law
79-18 enforcement agency which relates to school employees, professional
79-19 consultants, applicants for permanent, temporary, or consultative
79-20 employment and volunteer positions whose employment or potential
79-21 employment or volunteer positions with the school involves direct
79-22 interactions with or the opportunity to interact and associate with
79-23 the children or youth attending the school.
79-24 (b) Criminal history record information obtained by the
79-25 school under Subsection (a) may not be released or disclosed to any
79-26 person except on court order, with the consent of the person who is
79-27 the subject of the criminal history record information, or as
80-1 provided by Subsection (d).
80-2 (c) The school shall destroy criminal history record
80-3 information that relates to a person after the information is used
80-4 for its authorized purpose.
80-5 (d) The school may provide the applicant, employee,
80-6 professional consultant, or volunteer with a copy of his or her
80-7 respective criminal history record information obtained from the
80-8 Department of Public Safety, Federal Bureau of Investigation
80-9 identification division, or another law enforcement agency.
80-10 (e) The failure or refusal to provide a complete set of
80-11 fingerprints or a complete name on request constitutes good cause
80-12 for dismissal or refusal to hire, as applicable, with regard to
80-13 school employees, professional consultants, and applicants for
80-14 permanent, temporary, or consultative employment or volunteer
80-15 positions whose employment or potential employment or volunteer
80-16 position with the school involves direct interactions with or the
80-17 opportunity to interact and associate with the children or youth
80-18 attending the school.
80-19 Sec. 411.114. ACCESS TO CRIMINAL HISTORY RECORD
80-20 INFORMATION: DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES.
80-21 (a)(1) In this subsection the terms "child," "child-care
80-22 facility," and "family home" have the meanings assigned by Section
80-23 42.002, Human Resources Code.
80-24 (2) The Department of Protective and Regulatory
80-25 Services is entitled to obtain from the department criminal history
80-26 record information maintained by the department that relates to a
80-27 person who is:
81-1 (A) an applicant for a license, registration, or
81-2 certification under Chapter 42, Human Resources Code;
81-3 (B) an owner or employee of or an applicant for
81-4 employment by a child-care facility licensed, registered, or
81-5 certified under that chapter;
81-6 (C) a resident of a registered family home, but
81-7 not a child in the home's care or a parent of the child;
81-8 (D) an applicant for a position with the
81-9 Department of Protective and Regulatory Services, the duties of
81-10 which include direct delivery of protective services to children,
81-11 elderly persons, or persons with a disability;
81-12 (E) a volunteer or applicant volunteer with a
81-13 local affiliate in this state of Big Brothers/Big Sisters of
81-14 America;
81-15 (F) a volunteer or applicant volunteer with the
81-16 "I Have a Dream/Houston" program;
81-17 (G) an employee of a business entity that
81-18 provides in-home respite care of children with temporary illnesses;
81-19 (H) an employee of a home health agency;
81-20 (I) a volunteer or applicant volunteer with an
81-21 organization that provides court-appointed special advocates for
81-22 abused or neglected children;
81-23 (J) a person providing or applying to provide
81-24 adoptive or foster care for children in the care of the Department
81-25 of Protective and Regulatory Services and other adults living with
81-26 that person in the residence in which the child will reside;
81-27 (K) a Department of Protective and Regulatory
82-1 Services employee who is engaged in the direct delivery of
82-2 protective services to children, elderly persons, or persons with a
82-3 disability on the date the department implements this section;
82-4 (L) a person who is the subject of a report the
82-5 department receives alleging that the person has abused or
82-6 neglected a child, an elderly person, or a person with a
82-7 disability, provided that report has proven to have merit after
82-8 investigation; or
82-9 (M) a relative providing or applying to provide
82-10 in-home care for a child in the care of the Department of
82-11 Protective and Regulatory Services and other adults living with
82-12 that relative in the residence in which the child will reside.
82-13 (3) The Department of Protective and Regulatory
82-14 Services is entitled, under this subsection, only to criminal
82-15 history record information that relates to:
82-16 (A) an offense classified as an offense against
82-17 the person or the family;
82-18 (B) an offense classified as public indecency;
82-19 or
82-20 (C) a felony violation of a statute intended to
82-21 control the possession or distribution of a substance included in
82-22 Chapter 481, Health and Safety Code.
82-23 (4) Criminal history record information obtained by
82-24 the Department of Protective and Regulatory Services under this
82-25 subsection may not be released to any person except on court order,
82-26 with the consent of the person who is the subject of the criminal
82-27 history record information, or as provided by Subdivision (5).
83-1 (5) The Department of Protective and Regulatory
83-2 Services is not prohibited from releasing criminal history record
83-3 information obtained under this subsection to the person who is the
83-4 subject of the criminal history record information or to a
83-5 child-care facility that employs or is considering employing the
83-6 person who is the subject of the criminal history record
83-7 information.
83-8 (b)(1) In this subsection, "facility" has the meaning
83-9 assigned by Section 106.001, Human Resources Code.
83-10 (2) The Department of Protective and Regulatory
83-11 Services, on behalf of the Texas Department of Health, is entitled
83-12 to obtain from the department criminal history record information
83-13 maintained by the department that relates to a person who is:
83-14 (A) an applicant for employment at a facility;
83-15 or
83-16 (B) an employee of a facility.
83-17 (3) The Department of Protective and Regulatory
83-18 Services is entitled to obtain, under this subsection, only
83-19 criminal history record information that relates to:
83-20 (A) an offense classified as an offense against
83-21 the person or the family;
83-22 (B) an offense classified as public indecency;
83-23 (C) a felony violation of a statute intended to
83-24 control the possession or distribution of a substance included in
83-25 Chapter 481, Health and Safety Code, or Section 485.033, Health and
83-26 Safety Code;
83-27 (D) a felony offense under Section 31.03, Penal
84-1 Code; or
84-2 (E) an offense under Section 29.02, 29.03, or
84-3 30.02, Penal Code.
84-4 (4) Criminal history record information obtained by
84-5 the Department of Protective and Regulatory Services under this
84-6 subsection may not be released to any person except on court order,
84-7 with the written consent of the person who is the subject of the
84-8 criminal history record information, or as provided by Subdivision
84-9 (5).
84-10 (5) The Department of Protective and Regulatory
84-11 Services is not prohibited from disclosing criminal history record
84-12 information obtained under this subsection to the Texas Department
84-13 of Health or to the facility for which the Department of Protective
84-14 and Regulatory Services requested the information.
84-15 Sec. 411.115. ACCESS TO CRIMINAL HISTORY RECORD
84-16 INFORMATION: TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL
84-17 RETARDATION; COMMUNITY CENTERS. (a) In this section, "community
84-18 center" has the meaning assigned by Section 531.002, Health and
84-19 Safety Code.
84-20 (b) The Texas Department of Mental Health and Mental
84-21 Retardation or a community center is entitled to obtain from the
84-22 department criminal history record information maintained by the
84-23 department that relates to a person:
84-24 (1) who is:
84-25 (A) an applicant for employment with the Texas
84-26 Department of Mental Health and Mental Retardation;
84-27 (B) an employee of the Texas Department of
85-1 Mental Health and Mental Retardation;
85-2 (C) an applicant for employment with a community
85-3 center;
85-4 (D) an employee of a community center;
85-5 (E) an applicant for employment with or an
85-6 employee of a business or person that contracts with the Texas
85-7 Department of Mental Health and Mental Retardation or a community
85-8 center to provide residential services to patients with mental
85-9 illness or clients with mental retardation who were furloughed or
85-10 discharged from a Texas Department of Mental Health and Mental
85-11 Retardation facility or community center;
85-12 (F) a volunteer with the Texas Department of
85-13 Mental Health and Mental Retardation;
85-14 (G) a volunteer with a community center; or
85-15 (H) a volunteer applicant; and
85-16 (2) who would be placed in direct contact with
85-17 patients with mental illness or clients with mental retardation.
85-18 (c) The Texas Department of Mental Health and Mental
85-19 Retardation or a community center is entitled to obtain only
85-20 criminal history record information that relates to:
85-21 (1) a sexual offense;
85-22 (2) a drug-related offense;
85-23 (3) a theft offense;
85-24 (4) criminal homicide;
85-25 (5) assault or battery; or
85-26 (6) an offense involving personal injury or threat.
85-27 (d) Criminal history record information obtained by the
86-1 mental health department or a community center under Subsection (b)
86-2 may not be released or disclosed to a person, other than the
86-3 contractor that employs the person who is the subject of the
86-4 criminal history record information, except on court order or with
86-5 the consent of the person who is the subject of the criminal
86-6 history record information.
86-7 (e) The Texas Department of Mental Health and Mental
86-8 Retardation shall collect and destroy conviction information that
86-9 relates to a person immediately after the department or a
86-10 contractor makes an employment decision or takes any personnel
86-11 action relating to the person who is the subject of the criminal
86-12 history record information.
86-13 Sec. 411.116. ACCESS TO CRIMINAL HISTORY RECORD
86-14 INFORMATION: ORGANIZATION PROVIDING CERTAIN NURSE AIDES. (a) In
86-15 this section:
86-16 (1) "Facility" has the meaning assigned by Section
86-17 106.001, Human Resources Code.
86-18 (2) "Nurse aide" has the meaning assigned by Chapter
86-19 106, Human Resources Code.
86-20 (3) "Organization that provides temporary nurse aides"
86-21 includes a temporary employment service, nursing pool, private duty
86-22 nurse service, or sitter service.
86-23 (b) An organization that provides temporary nurse aides to a
86-24 facility is entitled to obtain from the department criminal history
86-25 record information maintained by the department that relates to a
86-26 person who is:
86-27 (1) a nurse aide; and
87-1 (2) a candidate for referral by the organization to a
87-2 facility.
87-3 Sec. 411.117. ACCESS TO CRIMINAL HISTORY RECORD
87-4 INFORMATION: TEXAS REHABILITATION COMMISSION. The Texas
87-5 Rehabilitation Commission is entitled to obtain from the department
87-6 criminal history record information maintained by the department
87-7 that relates to a person who is:
87-8 (1) an applicant for rehabilitation services of the
87-9 Texas Rehabilitation Commission; or
87-10 (2) a client of the Texas Rehabilitation Commission.
87-11 Sec. 411.118. ACCESS TO CRIMINAL HISTORY RECORD
87-12 INFORMATION: EMPLOYER AT SUBSIDIZED HOUSING RESIDENCE. (a) In
87-13 this section, "employer," "employee," "occupant," and "subsidized
87-14 housing residence" have the meanings assigned by Section 135.001,
87-15 Human Resources Code.
87-16 (b) An employer is entitled to obtain from the department
87-17 criminal history record information maintained by the department
87-18 that pertains to a person who:
87-19 (1) is an applicant for a position of employment in a
87-20 subsidized housing residence to whom an offer of employment is
87-21 made; and
87-22 (2) may be reasonably required to have access to the
87-23 residence of an occupant who is elderly or disabled.
87-24 (c) An employer is entitled to obtain only criminal history
87-25 record information that relates to:
87-26 (1) an offense classified as:
87-27 (A) an offense against the person or the family;
88-1 (B) an offense against property; or
88-2 (C) public indecency; or
88-3 (2) a felony violation of a statute intended to
88-4 control the possession or distribution of a substance regulated
88-5 under Chapter 481, Health and Safety Code, or Section 485.033,
88-6 Health and Safety Code.
88-7 (d) Criminal history record information obtained under
88-8 Subsection (b) may not be released or disclosed to any person
88-9 except on court order or with the written consent of the person who
88-10 is the subject of the criminal history record information.
88-11 Sec. 411.119. ACCESS TO CRIMINAL HISTORY RECORD
88-12 INFORMATION: TEXAS BOARD OF PRIVATE INVESTIGATORS AND PRIVATE
88-13 SECURITY AGENCIES. The Texas Board of Private Investigators and
88-14 Private Security Agencies is entitled to obtain from the department
88-15 criminal history record information maintained by the department
88-16 that relates to a person who is:
88-17 (1) an applicant for a license, registration, or
88-18 security officer commission under the Private Investigators and
88-19 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
88-20 Civil Statutes); or
88-21 (2) an applicant for a position regulated under that
88-22 Act.
88-23 Sec. 411.120. ACCESS TO CRIMINAL HISTORY RECORD
88-24 INFORMATION: COUNTY JUDGE; CERTAIN APPLICANTS. (a) The county
88-25 judge of a county is entitled to obtain from the department
88-26 criminal history record information maintained by the department
88-27 that relates to a person who is:
89-1 (1) an applicant for a wine and beer retailer's permit
89-2 under Chapter 25, Alcoholic Beverage Code; or
89-3 (2) an applicant for a retail dealer's on-premise
89-4 license under Chapter 69 of that code.
89-5 (b) Criminal history record information obtained by a county
89-6 judge under Subsection (a) may not be released or disclosed to any
89-7 person except in a hearing held under Chapter 25 or 69, Alcoholic
89-8 Beverage Code.
89-9 Sec. 411.121. ACCESS TO CRIMINAL HISTORY RECORD
89-10 INFORMATION: ADJUTANT GENERAL. (a) In this section:
89-11 (1) "Adjutant general" has the meaning assigned by
89-12 Section 431.022.
89-13 (2) "State military forces" has the meaning assigned
89-14 by Section 431.001.
89-15 (b) The adjutant general is entitled to obtain from the
89-16 department criminal history record information maintained by the
89-17 department that relates to a person who is:
89-18 (1) a member of the state military forces;
89-19 (2) an employee of the adjutant general's department;
89-20 (3) an applicant for enlistment in the state military
89-21 forces; or
89-22 (4) an applicant for employment with the adjutant
89-23 general's department.
89-24 (c) The adjutant general is entitled to criminal history
89-25 record information under Subsection (b)(3) or (b)(4) only if the
89-26 adjutant general submits to the department a signed statement from
89-27 the applicant that authorizes the adjutant general to obtain the
90-1 information.
90-2 (d) Criminal history record information obtained by the
90-3 adjutant general under Subsection (b) may not be released to any
90-4 person or agency except on court order or with the consent of the
90-5 person who is the subject of the criminal history record
90-6 information.
90-7 (e) The adjutant general shall destroy criminal history
90-8 record information obtained under Subsection (b) after the purpose
90-9 for which the information was obtained is accomplished.
90-10 Sec. 411.122. ACCESS TO CRIMINAL HISTORY RECORD
90-11 INFORMATION: LICENSING OR REGULATORY AGENCY. (a) Except as
90-12 provided by Subsection (c)(2), an agency of this state or a
90-13 political subdivision of this state covered by Article 6252-13c,
90-14 Revised Statutes, that licenses or regulates members of a
90-15 particular trade, occupation, business, vocation, or profession is
90-16 entitled to obtain from the department criminal history record
90-17 information maintained by the department that relates to a person
90-18 who is:
90-19 (1) an applicant for a license from the agency; or
90-20 (2) the holder of a license from the agency.
90-21 (b) Under this section, an agency is entitled to obtain only
90-22 criminal history record information that relates to the conviction
90-23 of the person.
90-24 (c) This section does not apply to an agency that is:
90-25 (1) specifically authorized by this subchapter to
90-26 obtain criminal history record information from the department; or
90-27 (2) covered by Section 2, Article 6252-13c, Revised
91-1 Statutes.
91-2 Sec. 411.123. ACCESS TO CRIMINAL HISTORY RECORD
91-3 INFORMATION: MUNICIPAL FIRE DEPARTMENT. (a) A fire department
91-4 that is operated by a municipality in this state is entitled to
91-5 obtain from the department criminal history record information
91-6 maintained by the department that relates to a person who is:
91-7 (1) an applicant for a beginning position with the
91-8 fire department; and
91-9 (2) required to be certified by the Texas Commission
91-10 on Fire Protection.
91-11 (b) A fire department is entitled to obtain only criminal
91-12 history record information that relates to the conviction of the
91-13 person.
91-14 Sec. 411.1235. ACCESS TO CRIMINAL HISTORY RECORD
91-15 INFORMATION: VOLUNTEER FIRE DEPARTMENTS. (a) A volunteer fire
91-16 department or a fire department operated by a rural fire prevention
91-17 district is entitled to obtain from the department criminal history
91-18 record information maintained by the department that relates to a
91-19 person who is required to be certified by the Texas Commission on
91-20 Fire Protection and:
91-21 (1) is an applicant for a beginning position with the
91-22 fire department; or
91-23 (2) currently holds a position with that fire
91-24 department.
91-25 (b) A fire department is entitled to obtain only criminal
91-26 history record information that relates to the conviction of the
91-27 person.
92-1 (c) A fire department may not keep or retain criminal
92-2 history record information obtained under this section in any file.
92-3 Criminal history record information must be destroyed promptly
92-4 after the determination of suitability of the person for any
92-5 position as a volunteer or employee.
92-6 Sec. 411.124. ACCESS TO CRIMINAL HISTORY RECORD
92-7 INFORMATION: POLITICAL SUBDIVISIONS; PUBLIC TRANSPORTATION
92-8 DRIVERS. (a) A political subdivision of this state that employs,
92-9 licenses, or regulates drivers of public transportation vehicles is
92-10 entitled to obtain from the department criminal history record
92-11 information maintained by the department that relates to a person
92-12 who is:
92-13 (1) the driver of a public transportation vehicle; and
92-14 (2) employed, licensed, or regulated by the political
92-15 subdivision.
92-16 (b) A municipality is entitled to obtain only criminal
92-17 history record information that relates to a conviction of the
92-18 person.
92-19 Sec. 411.125. ACCESS TO CRIMINAL HISTORY RECORD
92-20 INFORMATION: BOARD OF NURSE EXAMINERS. (a) The Board of Nurse
92-21 Examiners is entitled to obtain from the department criminal
92-22 history record information maintained by the department that
92-23 relates to a person who:
92-24 (1) is an applicant for a license from the board;
92-25 (2) has requested a determination of eligibility for a
92-26 license from the board; or
92-27 (3) is subject to investigation by the board in
93-1 connection with a complaint or formal charge against the person.
93-2 (b) The board is entitled to obtain only criminal history
93-3 record information that relates to a conviction of the person for
93-4 an offense that:
93-5 (1) is classified as a felony;
93-6 (2) is classified as a misdemeanor involving moral
93-7 turpitude;
93-8 (3) is an offense involving the abuse of a drug,
93-9 including alcohol; or
93-10 (4) resulted in the revocation of probation imposed
93-11 following a conviction of an offense specified in Subdivision (1),
93-12 (2), or (3).
93-13 Sec. 411.126. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
93-14 VOLUNTEER CENTER OF DALLAS COUNTY. (a) In this section:
93-15 (1) "Volunteer center" means a nonprofit, tax-exempt
93-16 organization:
93-17 (A) whose primary purpose is to recruit and
93-18 refer individual volunteers for other nonprofit groups in that
93-19 area;
93-20 (B) that is certified as a bona fide volunteer
93-21 center by the department; and
93-22 (C) that is operating on the effective date of
93-23 this Act as "Volunteer Center of Dallas County."
93-24 (2) "Volunteer" or "volunteer applicant" means a
93-25 person who will perform one or more of the following services
93-26 without remuneration:
93-27 (A) any service performed in a residence;
94-1 (B) any service that requires the access to or
94-2 the handling of money or confidential or privileged information; or
94-3 (C) any service that involves the care of or
94-4 access to:
94-5 (i) a child;
94-6 (ii) an elderly person; or
94-7 (iii) a person who is mentally
94-8 incompetent, mentally retarded, physically disabled, ill, or
94-9 incapacitated.
94-10 (3) "Employee" or "employee applicant" means a person
94-11 who will perform one or more of the following services or functions
94-12 for remuneration:
94-13 (A) any service performed in a residence;
94-14 (B) any service that requires the access to or
94-15 the handling of money or confidential or privileged information; or
94-16 (C) any service that involves the care of or
94-17 access to:
94-18 (i) a child;
94-19 (ii) an elderly person;
94-20 (iii) a person who is mentally
94-21 incompetent, mentally retarded, physically disabled, ill, or
94-22 incapacitated;
94-23 (D) coordination or referral of volunteers; or
94-24 (E) executive administrative responsibilities.
94-25 (4) "Client agency" means a nonprofit agency served by
94-26 a volunteer center.
94-27 (b) A volunteer center is entitled to obtain from the
95-1 department criminal history record information maintained by the
95-2 department that relates to a person who is:
95-3 (1) an employee, an employee applicant, a volunteer,
95-4 or a volunteer applicant of the volunteer center; or
95-5 (2) an employee, an employee applicant, a volunteer,
95-6 or a volunteer applicant of a client agency.
95-7 (c) A volunteer center is entitled to obtain from the
95-8 department only criminal history record information that relates to
95-9 a conviction.
95-10 (d) The department may establish rules governing the
95-11 administration of this section.
95-12 (e) A volunteer center may disseminate criminal history
95-13 record information to a client agency, if the client agency has
95-14 been approved by the department.
95-15 (f) A volunteer center or client agency may not keep or
95-16 retain criminal history record information obtained under this
95-17 section in any file. Criminal history record information must be
95-18 destroyed promptly after the determination of suitability of the
95-19 person for any position as a volunteer or employee.
95-20 SECTION 36. Subsection (j-3), Section 10, Article 42.12,
95-21 Code of Criminal Procedure, as added by Chapter 1135, Acts of the
95-22 71st Legislature, Regular Session, 1989, is amended to read as
95-23 follows:
95-24 (j-3) The judges of the county courts at law in Hidalgo
95-25 County shall participate in the management of the probation
95-26 department serving the county, and for that purpose have the same
95-27 duties and powers imposed by this section as do the district judges
96-1 trying criminal cases in the county. <The probation department may
96-2 obtain criminal history record information (CHRI) relating to an
96-3 applicant for employment with the department that is maintained by
96-4 the Department of Public Safety, the Federal Bureau of
96-5 Investigation identification division, or any other law enforcement
96-6 agency. The information obtained under this subsection is for the
96-7 exclusive use of the department and is privileged and confidential.
96-8 The information may not be released or otherwise disclosed except
96-9 on court order or consent of the applicant.>
96-10 SECTION 37. Article 60.01, Code of Criminal Procedure, is
96-11 amended by adding Subdivision (16) to read as follows:
96-12 (16) "Electronic means" means the transmission of data
96-13 between word processors, data processors, or similar automated
96-14 information equipment over dedicated cables, commercial lines, or
96-15 other similar methods of transmission.
96-16 SECTION 38. Chapter 60, Code of Criminal Procedure, is
96-17 amended by adding Article 60.061 to read as follows:
96-18 Art. 60.061. INFORMATION ON PERSONS LICENSED BY CERTAIN
96-19 AGENCIES. (a) The Texas State Board of Medical Examiners, the
96-20 Texas State Board of Podiatry Examiners, the State Board of Dental
96-21 Examiners, the State Board of Pharmacy, and the State Board of
96-22 Veterinary Medical Examiners shall provide to the Department of
96-23 Public Safety through electronic means, magnetic tape, or disk, as
96-24 specified by the department, a list including the name, date of
96-25 birth, and any other personal descriptive information required by
96-26 the department for each person licensed by the respective agency.
96-27 Each agency shall update this information and submit to the
97-1 Department of Public Safety the updated information monthly.
97-2 (b) The Department of Public Safety shall perform at least
97-3 monthly a computer match of the licensing list against the
97-4 convictions maintained in the computerized criminal history system.
97-5 The Department of Public Safety shall report to the appropriate
97-6 licensing agency for verification and administrative action, as
97-7 considered appropriate by the licensing agency, the name of any
97-8 person found to have a record of conviction, except a defendant
97-9 whose prosecution is deferred during a period of probation without
97-10 an adjudication or plea of guilt.
97-11 (c) The transmission of information by electronic means
97-12 under Subsection (a) of this article does not affect whether the
97-13 information is subject to disclosure under the open records law,
97-14 Chapter 424, Acts of the 63rd Legislature, Regular Session, 1973
97-15 (Article 6252-17a, Vernon's Texas Civil Statutes).
97-16 SECTION 39. Article 60.07, Code of Criminal Procedure, is
97-17 amended by adding Subsection (c) to read as follows:
97-18 (c) Subject to available telecommunications capacity, the
97-19 Department of Public Safety shall develop the capability to receive
97-20 by electronic means from a law enforcement agency the information
97-21 on the uniform incident fingerprint card. The information must be
97-22 in a form that is compatible to the form required of data supplied
97-23 to the criminal justice information system.
97-24 SECTION 40. Subsection (a), Article 60.12, Code of Criminal
97-25 Procedure, is amended to read as follows:
97-26 (a) The Department of Public Safety shall, when a
97-27 jurisdiction transmits fingerprints and arrest information by a
98-1 remote terminal accessing the statewide automated fingerprint
98-2 identification system, use that transmission either to create a
98-3 permanent record in the criminal justice information system or to
98-4 create a temporary arrest record in the criminal justice
98-5 information system to be maintained by the department until the
98-6 department receives and processes the physical copy of the arrest
98-7 information.
98-8 SECTION 41. Chapter 60, Code of Criminal Procedure, is
98-9 amended by adding Article 60.18 to read as follows:
98-10 Art. 60.18. INFORMATION ON SUBSEQUENT ARREST OF CERTAIN
98-11 INDIVIDUALS. The Texas Department of Criminal Justice and the
98-12 Department of Public Safety shall develop the capability to send to
98-13 a community supervision and corrections department, district parole
98-14 office, and county data processing department by electronic means
98-15 information about the subsequent arrest of a person under the
98-16 supervision of the office or department.
98-17 SECTION 42. Chapter 411, Government Code, is amended by
98-18 adding Section 411.127 to read as follows:
98-19 Sec. 411.127. ACCESS TO CRIMINAL HISTORY RECORD
98-20 INFORMATION: APPLICANTS FOR EMPLOYMENT. (a) The attorney general
98-21 is entitled to obtain from the Department of Public Safety criminal
98-22 history record information maintained by the department that
98-23 relates to a person who is an applicant for a position of
98-24 employment with the attorney general that involves the performance
98-25 of duties under Chapter 76, Human Resources Code. The attorney
98-26 general may not request the information unless a supervisory
98-27 employee of the attorney general's office has recommended that the
99-1 applicant be hired.
99-2 (b) Criminal history record information obtained by the
99-3 attorney general under Subsection (a) may not be released or
99-4 disclosed to any person except on court order or with the consent
99-5 of the person who is the subject of the criminal history record
99-6 information.
99-7 (c) The attorney general shall destroy criminal history
99-8 record information that relates to a person after the information
99-9 is used for its authorized purpose.
99-10 SECTION 43. The Department of Public Safety shall develop
99-11 the capability to receive or send the information by the means
99-12 required by Articles 60.061, 60.07(c), and 60.18, Code of Criminal
99-13 Procedure, as added by this Act, not later than January 1, 1995.
99-14 SECTION 44. The Department of Public Safety's responsibility
99-15 for review under Article 13, State Purchasing and General Services
99-16 Act (Article 601b, Vernon's Texas Civil Statutes), is limited to
99-17 one definable activity during the first two years the provision
99-18 applies to the department.
99-19 SECTION 45. The Department of Public Safety shall forward
99-20 the results of the study required in Section 411.0076, Government
99-21 Code, as added by this Act, to the Commission on Human Rights for
99-22 review and comment.
99-23 SECTION 46. The following laws are repealed:
99-24 (1) Section 13.0322, Education Code (Central Education
99-25 Agency);
99-26 (2) Subsection (b), Section 5.36, Alcoholic Beverage
99-27 Code (Texas Alcoholic Beverage Commission);
100-1 (3) Section 13e, Bingo Enabling Act (Article 179d,
100-2 Vernon's Texas Civil Statutes) (Texas Alcoholic Beverage
100-3 Commission);
100-4 (4) Subsections (a), (c), (d), and (e), Section 9,
100-5 Article 350, Revised Statutes (banking commissioner);
100-6 (5) Section 12, Texas Boxing and Wrestling Act
100-7 (Article 8501-l, Vernon's Texas Civil Statutes) (commissioner of
100-8 licensing and regulation);
100-9 (6) Subsections (b) and (d), Section 51.215, Education
100-10 Code (institutions of higher education);
100-11 (7) Section 17A, Texas Pawnshop Act (Article
100-12 5069-51.17A, Vernon's Texas Civil Statutes) (consumer credit
100-13 commissioner);
100-14 (8) Subsections (b) and (c), Section 5.04, Texas
100-15 Racing Act (Article 179e, Vernon's Texas Civil Statutes) (Texas
100-16 Racing Commission);
100-17 (9) Subsections (b), (c), and (f), Section 21.917,
100-18 Education Code (school districts);
100-19 (10) Section 11.064, Education Code (Texas School for
100-20 the Blind and Visually Impaired);
100-21 (11) Section 82.029, Government Code (Board of Law
100-22 Examiners);
100-23 (12) Subsection (d), Section 6, Texas Structural Pest
100-24 Control Act (Article 135b-6, Vernon's Texas Civil Statutes) (Texas
100-25 Structural Pest Control Board);
100-26 (13) Section 80.002, Human Resources Code (McGruff
100-27 House programs);
101-1 (14) Section 80.004, Human Resources Code (child watch
101-2 programs);
101-3 (15) Subsections (b), (c), (e), (g), (h), and (i),
101-4 Section 11-E, Texas Unemployment Compensation Act (Article
101-5 5221b-9e, Vernon's Texas Civil Statutes) (Texas Employment
101-6 Commission);
101-7 (16) Subsection (a), Section 21B, Public Accountancy
101-8 Act of 1991 (Article 41a-1, Vernon's Texas Civil Statutes) (Texas
101-9 State Board of Public Accountancy);
101-10 (17) Sections (a), (b), (c), (d), (f), (g), and (h),
101-11 Article 1.10C, Insurance Code (Texas Department of Insurance);
101-12 (18) Subsection (i), Section 4, Article 21.28,
101-13 Insurance Code (receiver);
101-14 (19) Subsections (f), (h), (i), (o), and (p), Section
101-15 3.06, State Lottery Act (Article 179g, Vernon's Texas Civil
101-16 Statutes) (comptroller of public accounts);
101-17 (20) Subsections (a), (c), (d), (e), and (f), Section
101-18 154.5095, Tax Code (treasurer);
101-19 (21) Subsections (a), (c), (d), (e), and (f), Section
101-20 155.2075, Tax Code (treasurer);
101-21 (22) Subsections (a), (b), (c), (d), (f), (g), (h),
101-22 and (i), Section 773.070, Health and Safety Code (Texas Department
101-23 of Health);
101-24 (23) Subsection (c), Section 32.21, Family Code (state
101-25 district courts);
101-26 (24) Subsections (a), (c), (d), (e), (f), (g), and
101-27 (h), Section 11.033, Education Code (Texas School for the Deaf);
102-1 (25) Subsections (a), (c), (d), (e), (f), (g), (h),
102-2 and (i), Section 22.006, Sections 106.003, 106.009, and 106.010,
102-3 and Subsection (b), Section 106.012, Human Resources Code (Texas
102-4 Department of Human Services);
102-5 (26) Subsections (a), (b), (c), (e), (f), (g), and
102-6 (h), Section 533.007, Health and Safety Code (Texas Department of
102-7 Mental Health and Mental Retardation, community centers);
102-8 (27) Section 111.058, Human Resources Code (Texas
102-9 Rehabilitation Commission);
102-10 (28) Sections 135.003, 135.004, and 135.005, Human
102-11 Resources Code (subsidized housing residences);
102-12 (29) Section 431.037, Government Code (adjutant
102-13 general);
102-14 (30) Section 3, Article 6252-13c, Revised Statutes
102-15 (licensing and regulatory agencies);
102-16 (31) Subsection (j), Article 4525, Revised Statutes
102-17 (Board of Nurse Examiners); and
102-18 (32) Section 51.305, Government Code.
102-19 SECTION 47. (a) This Act takes effect September 1, 1993.
102-20 (b) The changes in law made by this Act to the
102-21 qualifications of members of the Public Safety Commission apply
102-22 only to persons appointed to the commission on or after September
102-23 1, 1993.
102-24 (c) The changes in law made by this Act relating to the
102-25 reinstatement of a driver's license apply only to a driver's
102-26 license that is reinstated on or after September 1, 1993.
102-27 (d) The changes in law made by Sections 25 and 29 of this
103-1 Act relating to the suspension of the driver's license of a person
103-2 younger than 21 years of age apply only to a person who is arrested
103-3 on or after the effective date of this Act. A person arrested
103-4 before the effective date of this Act is covered by the law in
103-5 effect when the arrest occurred, and the former law is continued in
103-6 effect for that purpose.
103-7 SECTION 48. The importance of this legislation and the
103-8 crowded condition of the calendars in both houses create an
103-9 emergency and an imperative public necessity that the
103-10 constitutional rule requiring bills to be read on three several
103-11 days in each house be suspended, and this rule is hereby suspended.