1-1  By:  Moncrief                                          S.B. No. 510
    1-2        (In the Senate - Filed February 26, 1993; March 1, 1993, read
    1-3  first time and referred to Committee on State Affairs;
    1-4  April 1, 1993, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 10, Nays 0; April 1, 1993,
    1-6  sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Harris of Dallas   x                               
   1-10        Rosson             x                               
   1-11        Carriker           x                               
   1-12        Henderson                                      x   
   1-13        Leedom             x                               
   1-14        Lucio              x                               
   1-15        Luna               x                               
   1-16        Nelson             x                               
   1-17        Patterson          x                               
   1-18        Shelley            x                               
   1-19        Sibley                                         x   
   1-20        West               x                               
   1-21        Whitmire                                       x   
   1-22  COMMITTEE SUBSTITUTE FOR S.B. No. 510                   By:  Rosson
   1-23                         A BILL TO BE ENTITLED
   1-24                                AN ACT
   1-25  relating to the continuation and operation of the Department of
   1-26  Public Safety, to the access that entities have to criminal history
   1-27  record information maintained by the department and certain other
   1-28  criminal justice agencies, and to the transfer of responsibility
   1-29  for law enforcement in the Capitol Complex from the General
   1-30  Services Commission to the Department of Public Safety; creating
   1-31  offenses; providing penalties.
   1-32        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-33        SECTION 1.  Subsection (c), Section 411.002, Government Code,
   1-34  is amended to read as follows:
   1-35        (c)  The Department of Public Safety of the State of Texas is
   1-36  subject to Chapter 325 (Texas Sunset Act).  Unless continued in
   1-37  existence as provided by that chapter, the department is abolished
   1-38  and Subsections (a) and (b) expire September 1, 2005 <1993>.
   1-39        SECTION 2.  Section 411.003, Government Code, is amended by
   1-40  amending Subsections (b) and (d) and adding Subsection (f) to read
   1-41  as follows:
   1-42        (b)  The commission is composed of three citizens of this
   1-43  state appointed by the governor with the advice and consent of the
   1-44  senate.  Members must be selected because of their peculiar
   1-45  qualifications for the position.  Appointments to the commission
   1-46  shall be made without regard to race, color, disability, sex,
   1-47  religion, age, or national origin.  In making an appointment the
   1-48  governor shall consider, among other things, the person's knowledge
   1-49  of laws, experience in the enforcement of law, honesty, integrity,
   1-50  education, training, and executive ability.
   1-51        (d)  The governor shall designate one member of the
   1-52  commission as chairman of the commission to serve in that capacity
   1-53  at the pleasure of the governor <commission annually shall elect a
   1-54  member to serve as chairman>.  The commission shall meet at the
   1-55  times and places specified by commission rule or at the call of the
   1-56  chairman or any two members.
   1-57        (f)  The commission shall develop and implement policies that
   1-58  provide the public with a reasonable opportunity to appear before
   1-59  the commission and to speak on any issue under the jurisdiction of
   1-60  the commission.
   1-61        SECTION 3.  Section 411.004, Government Code, is amended to
   1-62  read as follows:
   1-63        Sec. 411.004.  DUTIES AND POWERS OF COMMISSION.  The
   1-64  commission shall:
   1-65              (1)  formulate plans and policies for:
   1-66                    (A)  enforcement of state criminal, traffic, and
   1-67  safety laws;
   1-68                    (B)  prevention of crime;
    2-1                    (C)  detection and apprehension of persons who
    2-2  violate laws; and
    2-3                    (D)  education of citizens of this state in the
    2-4  promotion of public safety and the observance of law;
    2-5              (2)  organize the department and supervise its
    2-6  operation;
    2-7              (3)  adopt rules considered necessary for carrying out
    2-8  the department's work;
    2-9              (4)  maintain records of all proceedings and official
   2-10  orders; <and>
   2-11              (5)  biennially submit a report of its work to the
   2-12  governor and legislature, including the commission's and director's
   2-13  recommendations; and
   2-14              (6)  provide to its members, as often as necessary,
   2-15  information regarding their qualifications for office under this
   2-16  chapter and their responsibilities under applicable laws relating
   2-17  to standards of conduct for state officers.
   2-18        SECTION 4.  Subchapter A, Chapter 411, Government Code, is
   2-19  amended by adding Section 411.0035 to read as follows:
   2-20        Sec. 411.0035.  MEMBER AND GENERAL COUNSEL RESTRICTION.  A
   2-21  person may not serve as a member of the commission or act as the
   2-22  general counsel to the commission if the person is required to
   2-23  register as a lobbyist under Chapter 305 because of the person's
   2-24  activities for compensation on behalf of a profession related to
   2-25  the operation of the commission.
   2-26        SECTION 5.  Subchapter A, Chapter 411, Government Code, is
   2-27  amended by adding Section 411.0036 to read as follows:
   2-28        Sec. 411.0036.  REMOVAL OF COMMISSION MEMBER.  (a)  It is a
   2-29  ground for removal from the commission if a member:
   2-30              (1)  does not have at the time of appointment the
   2-31  qualifications required by Section 411.003;
   2-32              (2)  does not  maintain during service on the
   2-33  commission the qualifications required by Section 411.003;
   2-34              (3)  violates a prohibition established by Section
   2-35  411.0035;
   2-36              (4)  cannot discharge the member's duties for a
   2-37  substantial part of the term for which the member is appointed
   2-38  because of illness or disability; or
   2-39              (5)  is absent from more than half of the regularly
   2-40  scheduled commission meetings that the member is eligible to attend
   2-41  during a calendar year unless the absence is excused by majority
   2-42  vote of the commission.
   2-43        (b)  The validity of an action of the commission is not
   2-44  affected by the fact that it is taken when a ground for removal of
   2-45  a commission member exists.
   2-46        (c)  If the director has knowledge that a potential ground
   2-47  for removal exists, the director shall notify the chairman of the
   2-48  commission of the ground.  The chairman shall then notify the
   2-49  governor that a potential ground for removal exists.
   2-50        SECTION 6.  Subsection (f), Section 411.007, Government Code,
   2-51  is amended to read as follows:
   2-52        (f)  The commission shall establish grades and positions for
   2-53  the department.  For each grade and position the commission shall
   2-54  designate the authority and responsibility within the limits of
   2-55  this chapter, set standards of qualifications, and fix
   2-56  prerequisites of training, education, and experience.  The
   2-57  commission shall adopt necessary rules for the appointment,
   2-58  promotion, reduction, suspension, and discharge of all employees
   2-59  after hearing before the commission.  A discharged officer or
   2-60  employee is entitled, on application to the commission, to a public
   2-61  hearing before the commission, who shall affirm or set aside the
   2-62  discharge.  A person inducted into the service of the department is
   2-63  on probation for the first one year <six months> of service and at
   2-64  any time during that period may be discharged without the public
   2-65  hearing provided for by this subsection if the director, with the
   2-66  advice and consent of the commission, finds the person to be
   2-67  unsuitable for the work.
   2-68        SECTION 7.  Subchapter A, Chapter 411, Government Code, is
   2-69  amended by adding Sections 411.0075 and 411.0076 to read as
   2-70  follows:
    3-1        Sec. 411.0075.  PERSONNEL POLICIES.  (a)  The director or the
    3-2  director's designee shall develop an intraagency career ladder
    3-3  program.  The program shall require intraagency postings of all
    3-4  non-entry-level positions concurrently with any public posting.
    3-5        (b)  The director or the director's designee shall prepare
    3-6  and maintain a written policy statement to assure implementation of
    3-7  a program of equal employment opportunity under which all personnel
    3-8  transactions are made without regard to race, color, disability,
    3-9  sex, religion, age, or national origin.  The policy statement must
   3-10  include:
   3-11              (1)  personnel policies, including policies related to
   3-12  recruitment, evaluation, selection, appointment, training, and
   3-13  promotion of personnel;
   3-14              (2)  a comprehensive analysis of the department work
   3-15  force that meets federal and state guidelines;
   3-16              (3)  procedures by which a determination can be made of
   3-17  significant underuse in the department work force of all persons
   3-18  for whom federal or state guidelines encourage a more equitable
   3-19  balance; and
   3-20              (4)  reasonable methods to appropriately address those
   3-21  areas of significant underuse.
   3-22        (c)  A policy statement prepared under Subsection (b) of this
   3-23  section must cover an annual period, be updated at least annually,
   3-24  and be filed with the governor's office.
   3-25        (d)  The governor's office shall deliver a biennial report to
   3-26  the legislature based on the information received under Subsection
   3-27  (c) of this section.  The report may be made separately or as a
   3-28  part of other biennial reports made to the legislature.
   3-29        Sec. 411.0076.  MINORITY RECRUITING.  (a)  The department
   3-30  shall continue to place emphasis on minority recruiting and hiring
   3-31  efforts for noncommissioned positions.
   3-32        (b)  The department's minority recruiter and equal employment
   3-33  opportunity positions created for personnel and equal employment
   3-34  opportunity matters shall continue to pertain to both commissioned
   3-35  and noncommissioned employees.
   3-36        (c)  The department by September, 1994, shall study job
   3-37  requirements for all noncommissioned positions and thereafter shall
   3-38  limit promotion-from-within only to positions where department
   3-39  experience is essential for reasonable job performance.
   3-40        SECTION 8.  Subchapter A, Chapter 411, Government Code, is
   3-41  amended by adding Section 411.0095 to read as follows:
   3-42        Sec. 411.0095.  MEMORANDUM OF UNDERSTANDING WITH CRIMINAL
   3-43  JUSTICE DIVISION OF THE OFFICE OF THE GOVERNOR.  (a)  The
   3-44  department and the office of the governor, criminal justice
   3-45  division, by rule shall adopt a joint memorandum of understanding
   3-46  on coordinating the drug law enforcement efforts of the department
   3-47  and the criminal justice division.
   3-48        (b)  The memorandum of understanding shall:
   3-49              (1)  provide that the department shall advise the
   3-50  criminal justice division about the statewide drug policy planning
   3-51  efforts of the division;
   3-52              (2)  provide for representation by the department on
   3-53  any advisory board advising the governor about drug policy;
   3-54              (3)  require the criminal justice division and the
   3-55  department to define their respective roles relating to drug task
   3-56  forces;
   3-57              (4)  require the criminal justice division and the
   3-58  department to jointly determine the areas of law enforcement focus
   3-59  for drug task force efforts; and
   3-60              (5)  require the criminal justice division and the
   3-61  department to jointly develop guidelines and procedures to govern
   3-62  drug task force operations that are funded by the state.
   3-63        (c)  The criminal justice division and the department shall
   3-64  update and revise the memorandum of understanding as necessary and
   3-65  by rule adopt all revisions to the memorandum.
   3-66        (d)  The criminal justice division shall prepare the initial
   3-67  draft of the memorandum of understanding not later than January 1,
   3-68  1994.  This subsection expires January 2, 1994.
   3-69        SECTION 9.  Section 411.013, Government Code, is amended by
   3-70  adding Subsection (d) to read as follows:
    4-1        (d)  The department shall file annually with the governor and
    4-2  the presiding officer of each house of the legislature a complete
    4-3  and detailed written report accounting for all funds received and
    4-4  disbursed by the commission during the preceding fiscal year.  The
    4-5  annual report must be in the form and reported in the time provided
    4-6  by the General Appropriations Act.
    4-7        SECTION 10.  Subchapter A, Chapter 411, Government Code, is
    4-8  amended by adding Sections 411.0195 and 411.0196 to read as
    4-9  follows:
   4-10        Sec. 411.0195.  PUBLIC COMPLAINTS.  (a)  The department shall
   4-11  prepare information of public interest describing the functions of
   4-12  the department and the department's procedures by which complaints
   4-13  are filed with and resolved by the department.  The department
   4-14  shall make the information available to the public and appropriate
   4-15  state agencies.
   4-16        (b)  The director by rule shall establish methods by which
   4-17  consumers and service recipients are notified of the name, mailing
   4-18  address, and telephone number of the department for the purpose of
   4-19  directing complaints to the department.
   4-20        (c)  The department shall keep an information file about each
   4-21  complaint filed with the department that the department has
   4-22  authority to resolve.
   4-23        (d)  If a written complaint is filed with the department that
   4-24  the department has authority to resolve, the department, at least
   4-25  quarterly and until final disposition of the complaint, shall
   4-26  notify the parties to the complaint of the status of the complaint
   4-27  unless the notice would jeopardize an undercover investigation.
   4-28        Sec. 411.0196.  ACCESS TO PROGRAMS.  The department shall
   4-29  prepare and maintain a written plan that describes how a person who
   4-30  does not speak English or who has a physical, mental, or
   4-31  developmental disability can be provided reasonable access to the
   4-32  department's programs.
   4-33        SECTION 11.  Section 411.021, Government Code, is amended to
   4-34  read as follows:
   4-35        Sec. 411.021.  Composition.  The Texas Rangers are a major
   4-36  division of the department consisting of <six captains, one
   4-37  headquarters sergeant, and> the number of rangers <privates>
   4-38  authorized by the legislature<, except that in case of an emergency
   4-39  the commission, with the governor's consent, may increase the force
   4-40  to meet extraordinary conditions>.  The highest ranking officer of
   4-41  the Texas Rangers is responsible to and reports directly to the
   4-42  director.  Officers are entitled to compensation as provided by the
   4-43  legislature.
   4-44        SECTION 12.  Subchapter B, Chapter 411, Government Code, is
   4-45  amended by adding Sections 411.0221, 411.0222, and 411.0223 to read
   4-46  as follows:
   4-47        Sec. 411.0221.  QUALIFICATIONS.  (a)  To be commissioned as
   4-48  an officer of the Texas Rangers, a person must:
   4-49              (1)  have at least eight years of experience as a
   4-50  full-time, paid peace officer, including at least four years of
   4-51  experience in the department; and
   4-52              (2)  be a commissioned member of the department.
   4-53        (b)  The Texas Rangers is an equal employment opportunity
   4-54  employer; all personnel decisions shall be made without regard to
   4-55  race, color, sex, national origin, or religion.
   4-56        Sec. 411.0222.  ELIGIBILITY FOR PROMOTION.  Except as
   4-57  provided by Section 411.0223, an officer of the Texas Rangers is
   4-58  eligible for promotion only if the officer has served in the next
   4-59  lower position for at least two years before the date of promotion.
   4-60        Sec. 411.0223.  APPOINTMENT OF HIGHEST-RANKING OFFICERS.
   4-61  (a)  Except as provided by Subsection (c), an officer is eligible
   4-62  for appointment by the director to the highest rank of the Texas
   4-63  Rangers only if the officer has at least five years of supervisory
   4-64  experience as a commissioned member of the Texas Rangers.
   4-65        (b)  Except as provided by Subsection (c), an officer is
   4-66  eligible for appointment by the director to the second highest rank
   4-67  of the Texas Rangers only if the officer has at least four years of
   4-68  supervisory experience as a commissioned member of the Texas
   4-69  Rangers.
   4-70        (c)  If there are less than two qualified officers for
    5-1  appointment to the highest rank or the second highest rank of the
    5-2  Texas Rangers, the director may appoint an officer to the highest
    5-3  rank or the second highest rank only if the officer has at least
    5-4  two years of supervisory experience as a commissioned member of the
    5-5  Texas Rangers.
    5-6        SECTION 13.  Subsections (d) and (g), Section 411.042,
    5-7  Government Code, are amended to read as follows:
    5-8        (d)  The department may charge each person and charge each
    5-9  entity or agency that is not primarily a criminal justice agency a
   5-10  fee for processing inquiries for <criminal history records and
   5-11  other> information that is not criminal history record information
   5-12  regarding a person.  A person, entity, or agency that receives
   5-13  information must be entitled to receive the information under state
   5-14  or federal statutes, rules, regulations, or case law.  The
   5-15  department may charge<:>
   5-16              <(1)  a fee of $10 for each inquiry for criminal
   5-17  history records information on a person that is processed only on
   5-18  the basis of the person's name, unless the inquiry is submitted
   5-19  electronically or by magnetic media, in which case the fee is $1;>
   5-20              <(2)  a fee of $15 for each inquiry for criminal
   5-21  history records information on a person that is processed on the
   5-22  basis of a fingerprint comparison search; and>
   5-23              <(3)>  actual costs for processing all <other
   5-24  information> inquiries under this section.
   5-25        (g)  The department may adopt reasonable rules under this
   5-26  section relating to:
   5-27              (1)  law enforcement information systems maintained by
   5-28  the department;
   5-29              (2)  the collection, maintenance, and correction of
   5-30  records; and
   5-31              (3)  reports of criminal history information submitted
   5-32  to the department<;>
   5-33              <(4)  access to criminal history information maintained
   5-34  by the department; and>
   5-35              <(5)  the type and format of information and the means
   5-36  of identification of a requesting person, entity, or agency
   5-37  required by the department as a condition of releasing criminal
   5-38  history records information>.
   5-39        SECTION 14.  Chapter 411, Government Code, is amended by
   5-40  adding Subchapter E to read as follows:
   5-41                    SUBCHAPTER E.  CAPITOL COMPLEX
   5-42        Sec. 411.061.  DEFINITION.  (a)  In this subchapter, "Capitol
   5-43  Complex" means property that is:
   5-44              (1)  located in Austin, Texas, in the area bounded on
   5-45  the north by Martin Luther King, Jr., Boulevard, on the east by
   5-46  Trinity Street, on the south by 10th Street, and on the west by
   5-47  Lavaca Street, and including the William P. Clements State Office
   5-48  Building located at 300 West 15th Street.  The term shall also
   5-49  apply to other locations under the jurisdiction of the capitol
   5-50  police district as may be approved by the director; and
   5-51              (2)  owned by or under the control of the state.
   5-52        (b)  The provisions of this subchapter do not apply to the
   5-53  property or parking facility under the management and control of
   5-54  the Texas Employment Commission and located within the bounds set
   5-55  forth in Subsection (a).
   5-56        Sec. 411.062.  LAW ENFORCEMENT AND SECURITY AUTHORITY.
   5-57  (a)  The department has primary responsibility for law enforcement
   5-58  and security services on the Capitol Complex.
   5-59        (b)  Subsection (a) does not prohibit the department from
   5-60  requesting or receiving assistance from another law enforcement
   5-61  agency.
   5-62        (c)  This section does not prohibit a peace officer who is
   5-63  not a member of the department from exercising the officer's
   5-64  authority on the Capitol Complex in an emergency or in a situation
   5-65  where the officer reasonably believes that immediate action is
   5-66  necessary.
   5-67        (d)  The department shall adopt rules relating to security of
   5-68  persons and access to and protection of the grounds, public
   5-69  buildings, and property of the state within the Capitol Complex,
   5-70  except that public use of the capitol, the capitol extension, the
    6-1  capitol grounds, and the General Land Office building shall be
    6-2  governed by the State Preservation Board.
    6-3        (e)  The department may enforce the rules of the State
    6-4  Preservation Board, adopted under Section 443.018.
    6-5        Sec. 411.063.  RULES RELATING TO PARKING AND VEHICLES.
    6-6  (a)  The department shall adopt rules for the safe movement and the
    6-7  parking of vehicles in the Capitol Complex.
    6-8        (b)  Rules adopted under this section may:
    6-9              (1)  regulate the flow and direction of vehicular
   6-10  traffic;
   6-11              (2)  designate, mark, and assign areas and spaces for
   6-12  parking for elected state officials, chief executives and employees
   6-13  of state agencies located in the Capitol Complex, state-owned
   6-14  vehicles, business vehicles, and visitors to the Capitol Complex;
   6-15              (3)  establish a system of registration for vehicle
   6-16  identification;
   6-17              (4)  prohibit or restrict the use of areas and spaces
   6-18  for parking;
   6-19              (5)  establish a reasonable fee for parking in a
   6-20  parking space on a parking lot or in a parking garage that is
   6-21  located in the Capitol Complex, other than a space in the capitol
   6-22  driveway or capitol extension garage; and
   6-23              (6)  provide for the towing and storing, at the expense
   6-24  of the owner, of a vehicle parked in violation of a rule.
   6-25        (c)  Rules that govern parking in the parking spaces in the
   6-26  capitol driveways and the parking lots and parking garages near the
   6-27  capitol, to the extent that parking in such places is not regulated
   6-28  by the State Preservation Board, shall provide for:
   6-29              (1)  assigning and marking reserved parking spaces for
   6-30  the unrestricted use of the governor, lieutenant governor, speaker
   6-31  of the house of representatives, and secretary of state;
   6-32              (2)  when the legislature is in session, assigning and
   6-33  marking reserved parking spaces requested by each house of the
   6-34  legislature for the unrestricted use of members and administrative
   6-35  staff of the legislature; and
   6-36              (3)  when the legislature is not in session, assigning
   6-37  and marking parking spaces requested by each house of the
   6-38  legislature for the use of members and administrative staff of the
   6-39  legislature.
   6-40        (d)  The department shall remit to the comptroller for
   6-41  deposit to the credit of State Parking Fund No. 125 any fee
   6-42  collected for the parking of a vehicle in the Capitol Complex.
   6-43  Money in the fund may be appropriated only to the department for
   6-44  the operation, maintenance, and improvement of state parking
   6-45  facilities on the Capitol Complex.
   6-46        Sec. 411.064.  ASSISTANCE OF TEXAS DEPARTMENT OF
   6-47  TRANSPORTATION OR GENERAL SERVICES COMMISSION.  (a)  On request of
   6-48  the department, the Texas Department of Transportation and the
   6-49  General Services Commission shall:
   6-50              (1)  assist the department in the marking and
   6-51  designation of parking lots, parking garages, and parking spaces;
   6-52              (2)  maintain the painting of lines and curb markings;
   6-53  and
   6-54              (3)  furnish and erect direction and information signs.
   6-55        (b)  The department may recover the cost of providing the
   6-56  services described in Subsection (a) from the agency or agencies
   6-57  for which the service was provided.  To the extent that either the
   6-58  General Services Commission or the Texas Department of
   6-59  Transportation provides or assists in providing the services
   6-60  described in Subsection (a), that agency shall be reimbursed by the
   6-61  department from its funds or the funds received from another agency
   6-62  under this subsection.
   6-63        Sec. 411.065.  OFFENSES.  (a)  A person commits an offense if
   6-64  the person:
   6-65              (1)  drives or operates a motor vehicle at a speed
   6-66  greater than 15 miles per hour in the Capitol Complex; or
   6-67              (2)  violates a rule of the department adopted under
   6-68  Section 411.062 or 411.063.
   6-69        (b)  An offense under this section is a Class C misdemeanor.
   6-70        Sec. 411.066.  JURISDICTION.  The municipal court of a
    7-1  municipality and the justice courts of a county in which an offense
    7-2  under Section 411.065 was committed have concurrent original
    7-3  jurisdiction over such an offense.
    7-4        Sec. 411.067.  ADMINISTRATIVE PARKING VIOLATIONS.  (a)  The
    7-5  department shall have authority to adopt rules for the assessment
    7-6  of an administrative fine of $10 for violations of the parking
    7-7  rules adopted under Section 411.063.  Notwithstanding the
    7-8  provisions of Sections 411.065 and 411.066, the department may in
    7-9  its discretion issue an administrative citation for a parking
   7-10  violation.
   7-11        (b)  Rules adopted under this section shall:
   7-12              (1)  establish a system for enforcement of
   7-13  administrative citations including but not limited to assessment of
   7-14  a late fee not to exceed $2 and towing, impoundment, or
   7-15  immobilization of vehicles; and
   7-16              (2)  provide for a procedure of administrative review
   7-17  within the capitol police district and, on request of the person
   7-18  assessed an administrative fine, further judicial review by the
   7-19  department filing the appropriate citation or complaint in a court
   7-20  of competent jurisdiction, as provided in Section 411.066.
   7-21        (c)  The administrative review provided for in Subsection (b)
   7-22  shall not be considered a contested case under the Administrative
   7-23  Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
   7-24  Civil Statutes) or Chapter 591, Acts of the 72nd Legislature,
   7-25  Regular Session, 1991 (Article 6252-13f, Vernon's Texas Civil
   7-26  Statutes).
   7-27        (d)  The department shall remit to the comptroller for
   7-28  deposit in the general revenue fund any administrative fine
   7-29  received under this section.  Such revenues may be appropriated
   7-30  only to the department for capitol police security and parking.
   7-31         (Sections 411.068 to 411.080 reserved for expansion.
   7-32        SECTION 15.  Article 18.20, Code of Criminal Procedure, is
   7-33  amended by adding Section 18 to read as follows:
   7-34        Sec. 18.  This article expires September 1, 2005.
   7-35        SECTION 16.  Section 16.02, Penal Code, is amended by adding
   7-36  Subsection (j) to read as follows:
   7-37        (j)  This section expires September 1, 2005.
   7-38        SECTION 17.  The title of Chapter 16, Penal Code, is amended
   7-39  to read as follows:
   7-40       CHAPTER 16.  CRIMINAL INSTRUMENTS AND OFFENSES INVOLVING
   7-41         CERTAIN COMMUNICATIONS <INTERCEPTION OF WIRE OR ORAL
   7-42                            COMMUNICATION>
   7-43        SECTION 18.  Section 1, Chapter 587, Acts of the 69th
   7-44  Legislature, Regular Session, 1985, is repealed.
   7-45        SECTION 19.  Section 481.063, Health and Safety Code, is
   7-46  amended by adding Subsection (i) to read as follows:
   7-47        (i)  For good cause shown, the director may probate the
   7-48  denial of an application for registration.  If a denial of an
   7-49  application is probated, the director may require the person to
   7-50  report regularly to the department on matters that are the basis of
   7-51  the probation or may limit activities of the person to those
   7-52  prescribed by the director, or both.
   7-53        SECTION 20.  Section 4.12, State Purchasing and General
   7-54  Services Act (Article 601b, Vernon's Texas Civil Statutes), is
   7-55  amended to read as follows:
   7-56        Sec. 4.12.  OFFICE SPACE FOR DEPARTMENT OF PUBLIC SAFETY
   7-57  <PROTECTION OF STATE BUILDINGS AND GROUNDS; REGULATION OF PARKING>.
   7-58  <(a)  It shall be unlawful for any person to trespass upon the
   7-59  grass plots or flowerbeds, or to damage or deface any of the
   7-60  buildings, or cut down, deface, mutilate, or otherwise injure any
   7-61  of the statues, monuments, memorials, trees, shrubs, grasses, or
   7-62  flowers on the grounds or commit any other trespass upon any
   7-63  property of the state, real or personal, located on the grounds of
   7-64  the state capitol, the governor's mansion, or other property owned
   7-65  by the State of Texas known as the capitol complex, in the area
   7-66  bounded on the south by Tenth Street, on the north by Martin Luther
   7-67  King Boulevard, on the west by Lavaca Street, and on the east by
   7-68  Trinity Street in the City of Austin; or on any other state-owned
   7-69  property under the charge and control of the commission whether or
   7-70  not located in the City of Austin.>
    8-1        <(b)  It is an offense to park a vehicle in a place other
    8-2  than a space marked and designated for parking by the commission or
    8-3  to block or impede traffic on the driveways of property owned or
    8-4  leased by the state in the area described in Subsection (a) of this
    8-5  section.  The commission may regulate the flow and direction of
    8-6  traffic in the capitol complex and may erect the structures
    8-7  necessary to implement this authority.>
    8-8        <(c)(1)  When the legislature is in session, the commission
    8-9  shall assign and mark, for unrestricted use by members and
   8-10  administrative staff of the legislature, the reserved parking
   8-11  spaces in the capitol complex requested by the respective houses of
   8-12  the legislature.  A request for parking spaces reserved pursuant to
   8-13  this subsection shall be limited to spaces in the capitol driveways
   8-14  and the additional spaces in state parking lots proximately located
   8-15  to the capitol.>
   8-16              <(2)  When the legislature is not in session, the
   8-17  commission shall, at the request of the respective legislative
   8-18  bodies, assign and mark the spaces requested for use by members and
   8-19  administrative staff of the legislature, in the areas described in
   8-20  Subsection (c)(1) of this section.>
   8-21              <(3)  The commission shall assign and mark reserved
   8-22  parking spaces on the capitol driveways for the governor,
   8-23  lieutenant governor, speaker of the house, and secretary of state
   8-24  for their unrestricted use.>
   8-25              <(4)  The commission may assign parking spaces to
   8-26  elected state officials and appointed heads of state agencies who
   8-27  occupy space in state buildings located within the bounds set forth
   8-28  in Subsection (a) of this section.>
   8-29              <(5)  If spaces are available, the commission shall
   8-30  assign parking spaces to handicapped state employees.  All
   8-31  remaining parking facilities under charge and control of the
   8-32  commission in the area described in Subsection (a) of this section
   8-33  may be made available by the commission for use by the state
   8-34  employees working for agencies housed within that area as pursuant
   8-35  to Subsection (c)(7) of this section.>
   8-36              <(6)  The commission may designate and mark parking
   8-37  spaces for state-owned vehicles and visitor and business parking
   8-38  within the bounds set forth in Subsection (a) of this section.>
   8-39              <(7)  The legislature may establish in the General
   8-40  Appropriations Act a charge for parking, or may also establish in
   8-41  said Act that no charge be made for parking, or both, in any part
   8-42  or all of a state-owned or state-leased area located within the
   8-43  bounds set forth in Subsection (a) of this section.  In each
   8-44  biennium such a charge is established, the commission shall collect
   8-45  the charge.   The legislature may also establish in said Act that
   8-46  parking in any part or all of such area be made available by the
   8-47  commission on either an open lot parking basis or an individual
   8-48  space assignment basis, or both.  However, to the extent the
   8-49  legislature does not make provision in each biennium for any part
   8-50  or all of the area within the bounds set forth in Subsection (a) of
   8-51  this section either as to parking charges or the prohibition
   8-52  thereof, or as to the basis upon which parking facilities are to be
   8-53  utilized, the commission may establish and collect a reasonable
   8-54  monthly parking charge for parking within the bounds set forth in
   8-55  Subsection (a) of this section, except those parking spaces
   8-56  assigned to the respective houses of the legislature on the capitol
   8-57  driveways, and may make available parking facilities in said area
   8-58  on either an open lot parking basis or an individual space
   8-59  assignment basis, or both.>
   8-60              <(8)  A person who parks an unauthorized vehicle in a
   8-61  space assigned under the provisions of this section commits an
   8-62  offense.>
   8-63              <(9)  The provisions of this subsection do not apply to
   8-64  the property or the parking facility under the management and
   8-65  control of the Texas Employment Commission and located within the
   8-66  bounds set forth in Subsection (a) of this section.>
   8-67        <(d)  The commission is hereby authorized to request the
   8-68  State Department of Highways and Public Transportation to assist it
   8-69  in the marking and designation of such parking spaces as the
   8-70  commission shall deem necessary and to maintain the painting of
    9-1  lines and curb markings and furnish such directional or
    9-2  informational signs as the commission shall deem necessary in the
    9-3  area described in Subsection (a) of this section.  The Department
    9-4  of Public Safety shall provide advice and assistance to the
    9-5  commission when requested and shall at all times have at least one
    9-6  commissioned officer assigned to duty in the capitol area.>
    9-7        <(e)  It shall be unlawful to operate a motor vehicle upon
    9-8  any property owned by the State of Texas within the bounds set
    9-9  forth in Subsection (a) of this section at a speed in excess of 15
   9-10  miles per hour.  All laws regulating traffic upon highways and
   9-11  streets shall apply to the operation of motor vehicles within the
   9-12  prescribed areas, except as modified hereby.>
   9-13        <(f)  All of the general and criminal laws of the state are
   9-14  declared to be in full force and effect within the areas regulated
   9-15  by this section.>
   9-16        <(g)(1)  As of the effective date of this Act, all of the
   9-17  duties, functions, positions, responsibilities, inventory,
   9-18  property, and other items assigned to the Capitol Security Police
   9-19  Division of the State Purchasing and General Services Commission
   9-20  are transferred to the Texas Department of Public Safety.>
   9-21              <(2)  All employees of the Capitol Security Police
   9-22  Division of the State Purchasing and General Services Commission
   9-23  are eligible to apply for and may be employed by the Department of
   9-24  Public Safety.  Such persons must meet all Texas Department of
   9-25  Public Safety requirements for employment appropriate to civilian
   9-26  and mansion security officers.>
   9-27              <(3)  All such persons employed by the Texas Department
   9-28  of Public Safety shall be entitled to have all service with the
   9-29  State Purchasing and General Services Commission recognized for
   9-30  purposes of establishing length of service and accrual of and
   9-31  entitlement to benefits.  Such service with the State Purchasing
   9-32  and General Services Commission shall be aggregated with service as
   9-33  employees of the Texas Department of Public Safety.  Provided,
   9-34  however, all such persons employed by the Texas Department of
   9-35  Public Safety shall be subject to a six-month probationary period,
   9-36  as provided in Section 411.007, Government Code.>
   9-37              <(4)  All such persons employed by the Texas Department
   9-38  of Public Safety shall be assigned to a rank or position consistent
   9-39  with their duties and responsibilities at the sole discretion of
   9-40  the Texas Department of Public Safety.  The salary for such rank or
   9-41  position shall be consistent with the Texas Department of Public
   9-42  Safety rules and regulations and applicable state laws.>
   9-43              <(5)>  The State Purchasing and General Services
   9-44  Commission shall provide office space <for this operational unit>
   9-45  to the <Texas> Department of Public Safety in the American Legion
   9-46  Building or other suitable facility acceptable to the <Texas>
   9-47  Department of Public Safety for the Capitol District.
   9-48              <(6)  All funds appropriated to the State Purchasing
   9-49  and General Services Commission for purposes of operating the
   9-50  Capitol Security Police Division are transferred to the Texas
   9-51  Department of Public Safety to be used for the operation of the
   9-52  unit.>
   9-53        <(i)  Any person who violates any of the provisions of this
   9-54  section shall be guilty of a misdemeanor and upon conviction
   9-55  thereof shall be punished by a fine of not more than $200.  The
   9-56  penalties for violation of any of the other criminal laws of the
   9-57  state shall be as now provided by law.>
   9-58        <(j)  In connection with traffic and parking violations only,
   9-59  the officers authorized to enforce the provisions of this section
   9-60  shall have the authority to issue and use traffic tickets and
   9-61  summons of the type now used by the city of Austin and/or the Texas
   9-62  Highway Patrol with such changes as are necessitated thereby to be
   9-63  prepared and furnished by the commission.  Upon the issuance of any
   9-64  such traffic ticket or summons the same procedures shall be
   9-65  followed as now prevail in connection with the use of parking and
   9-66  traffic violation tickets by the city of Austin and the Texas
   9-67  Highway Patrol.  Nothing herein shall restrict the application and
   9-68  use of regular arrest warrants.>
   9-69        <(k)  The primary responsibility for enforcing the provisions
   9-70  of this section shall be with the commission, which shall have
   10-1  authority to promulgate rules and regulations not inconsistent with
   10-2  this section or other provisions of law as it may deem necessary to
   10-3  carry out the provisions of this section.  Whenever the commission
   10-4  shall have promulgated such a rule or regulation and has posted
   10-5  signs in any of the regulated areas giving notice thereof, it shall
   10-6  be unlawful for any person to violate any of the provisions of such
   10-7  signs and shall constitute a misdemeanor punishable as provided in
   10-8  this section.>
   10-9        <(l)  The judge of the municipal court and/or any justice of
  10-10  the peace in Austin are each hereby separately vested with all
  10-11  jurisdiction necessary to hear, try, and determine criminal cases
  10-12  involving violations hereof where punishment does not exceed a fine
  10-13  of $200.>
  10-14        <(m)  Nothing herein contained shall be construed to abridge
  10-15  the authority of the commission to grant permission to use the
  10-16  capitol grounds and any grounds adjacent to any state building for
  10-17  such use as may be provided by preexisting law.>
  10-18        SECTION 21.  Section 13.09, State Purchasing and General
  10-19  Services Act (Article 601b, Vernon's Texas Civil Statutes), is
  10-20  amended to read as follows:
  10-21        Sec. 13.09.  APPLICATION.  The state agencies subject to this
  10-22  article are:
  10-23              (1)  the Texas Department of Mental Health and Mental
  10-24  Retardation;
  10-25              (2)  the Texas Department of Human Services;
  10-26              (3)  the Texas Department of Criminal Justice;
  10-27              (4)  the Department of Agriculture;
  10-28              (5)  the Central Education Agency;
  10-29              (6)  the Texas Higher Education Coordinating Board;
  10-30              (7)  the Texas Department of Transportation <State
  10-31  Department of Highways and Public Transportation>; <and>
  10-32              (8)  the Department of Public Safety; and
  10-33              (9)  the commission.
  10-34        SECTION 22.  Subsection (c), Section 10, Chapter 173, Acts of
  10-35  the 47th Legislature, Regular Session, 1941 (Article 6687b,
  10-36  Vernon's Texas Civil Statutes), is amended to read as follows:
  10-37        (c)  The Director may certify and set standards for
  10-38  certification of certain employers, governmental agencies, and
  10-39  other appropriate organizations to train and test for the ability
  10-40  to operate certain types or general classes of vehicles.  The
  10-41  Department shall set standards for the training and testing of
  10-42  applicants.  <The Director, in issuing the driver's licenses for
  10-43  certain types or general classes of vehicles, may waive a driving
  10-44  test for an applicant if the applicant has successfully completed
  10-45  and passed the training and testing by the certified entity.>
  10-46        SECTION 23.  Sections 1A, 2, 11, and 14A, Chapter 173, Acts
  10-47  of the 47th Legislature, Regular Session, 1941 (Article 6687b,
  10-48  Vernon's Texas Civil Statutes), are amended to read as follows:
  10-49        Sec. 1A.  Rules.  The Department may adopt rules that it
  10-50  determines are necessary to effectively administer this Act.
  10-51        Sec. 2.  Drivers Must Have License.  (a)  No person, except
  10-52  those hereinafter expressly exempted, shall drive any motor vehicle
  10-53  upon a highway in this State unless such person has a valid
  10-54  driver's license issued under the provisions of this Act.
  10-55        (b)  A judge, at his discretion, may dismiss the charge of
  10-56  driving with an expired driver's license if the defendant remedies
  10-57  this defect within 10 working days.  Additionally, the judge, at
  10-58  his discretion, may assess an administrative fee not to exceed $10
  10-59  when the charge of driving with an expired driver's license has
  10-60  been remedied.
  10-61        (c)  A person may not receive a driver's license until he
  10-62  surrenders to the Department all valid driver's licenses in his
  10-63  possession issued to him by this or any other state.  A surrendered
  10-64  license issued by another state or notification of a surrendered
  10-65  driver's license shall be forwarded <returned> to the state
  10-66  accompanied by a statement that the person is licensed in this
  10-67  State.
  10-68        (d)  No person holding a driver's license duly issued under
  10-69  the provisions of this Act shall be required to obtain any license
  10-70  for the operation of a motor vehicle from any other State authority
   11-1  or department.  <Subsection (c) of Section 4 of Article 911A and
   11-2  Subsection (b) of Section 4 of Article 911B, Revised Civil
   11-3  Statutes, is hereby repealed.>
   11-4        Sec. 11.  Issuance of Driver's Licenses.  (a)  The Department
   11-5  shall, upon payment of the required fee, issue to every qualifying
   11-6  applicant a driver's license as applied for.  The license shall
   11-7  bear a distinguishing number assigned to the licensee by the
   11-8  Department, a color photograph of the licensee, the full name, date
   11-9  of birth, residence address, and a brief description of the
  11-10  licensee, and either a facsimile of the signature of the licensee
  11-11  or a space upon which the licensee shall write his usual signature
  11-12  with pen and ink immediately upon receipt of the license.  No
  11-13  license shall be valid until it has been so signed by the licensee.
  11-14  The Department shall indicate <print the word and number> "UNDER
  11-15  21" on <across> the face of each original, renewed, or duplicate
  11-16  license issued to a licensee younger than 21 years of age<,> or
  11-17  shall designate and clearly mark the license as a provisional
  11-18  license as provided in Section 11A of this Act.
  11-19        <The words and numbers must be in red ink and must be at
  11-20  least one-fourth of an inch in height.>
  11-21        (b)  The Department may issue a temporary license without the
  11-22  photograph to out-of-state applicants, members in the Armed Forces,
  11-23  and in those situations where for any other reason the Department
  11-24  finds it necessary.  If a temporary license is issued it shall be
  11-25  valid only until the applicant shall have had time to appear and
  11-26  have his picture taken and a license with his photograph issued.
  11-27        (c)  On all provisional licenses issued under Section 11A of
  11-28  this Act, the photograph of the licensee shall show a side profile.
  11-29  On all other licenses, the photograph shall show the entire face of
  11-30  the licensee.
  11-31        Sec. 14A.  Personal identification cards; fee.  (a)  The
  11-32  Department shall issue personal identification cards, similar in
  11-33  form but distinguishable in color from drivers' licenses.  The
  11-34  Department shall indicate <print the word and number> "UNDER 21" on
  11-35  <across> the face of each personal identification certificate
  11-36  issued to a person younger than 21 years of age.  Certificates
  11-37  issued under authority of this section shall expire on a date
  11-38  specified by the Department.  <The words and numbers must be in red
  11-39  ink and must be at least one-fourth of an inch in height.>
  11-40        (b)  Original applications and applications for renewal of
  11-41  identification cards shall require information and be submitted on
  11-42  a form promulgated by the Department.
  11-43        (c)  The Department shall levy and collect a fee of Ten
  11-44  Dollars ($10.00) for preparation and issuance of a card for a
  11-45  person under 65 years of age.  The fee for a person 65 years of age
  11-46  or older is Five Dollars ($5.00).
  11-47        (d)  The Department shall maintain records of card
  11-48  applications in the manner required by Subsection (a) of Section 21
  11-49  of this Act for license applications and may destroy identification
  11-50  card records in the manner provided by Subsection (c) of that
  11-51  section for license records.  The Department may cancel and require
  11-52  surrender of a card after determining that the holder was not
  11-53  entitled to its issuance or gave incorrect or incomplete
  11-54  information in making an application.
  11-55        (e)  An individual, corporation, or association may not deny
  11-56  a person access to goods, services, or facilities, except in regard
  11-57  to the operation of a motor vehicle, on the ground that the person
  11-58  holds a personal identification card rather than a driver's license
  11-59  or permit.
  11-60        SECTION 24.  Subsection (a), Section 4B, Chapter 173, Acts of
  11-61  the 47th Legislature, Regular Session, 1941 (Article 6687b,
  11-62  Vernon's Texas Civil Statutes), is amended to read as follows:
  11-63        (a)  The department may not assign a total of more than 123
  11-64  <100> commissioned officers plus supervising personnel to staff
  11-65  driver's license facilities.
  11-66        SECTION 25.  Section 22, Chapter 173, Acts of the 47th
  11-67  Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
  11-68  Civil Statutes), is amended by amending Subsection (b) and adding
  11-69  Subsection (c) to read as follows:
  11-70        (b)  Except for the fifth (5th), eleventh (11th), and twelfth
   12-1  (12th) listed grounds in this subsection, for which the director
   12-2  has authority to revoke a license, the authority to suspend the
   12-3  license of any driver as authorized in this Section is granted the
   12-4  director upon determining that the person:
   12-5              (1)  has operated a motor vehicle on a highway while
   12-6  the person's license was suspended;
   12-7              (2)  has been responsible as a driver for any accident
   12-8  resulting in death;
   12-9              (3)  is an habitual reckless or negligent driver of a
  12-10  motor vehicle;
  12-11              (4)  is an habitual violator of the traffic law.
  12-12        The term "habitual violator" as used herein, shall mean any
  12-13  person with four (4) or more convictions arising out of different
  12-14  transactions in a consecutive period of twelve (12) months, or
  12-15  seven (7) or more convictions arising out of different transactions
  12-16  within a period of twenty-four (24) months, such convictions being
  12-17  for moving violations of the traffic laws of any <this> state or
  12-18  its political subdivisions other than a violation of:
  12-19                    (A)  Section 3 or 5, Chapter 42, General Laws,
  12-20  Acts of the 41st Legislature, 2nd Called Session, 1929 (Article
  12-21  6701d-11, Vernon's Texas Civil Statutes);
  12-22                    (B)  Chapter 293, Acts of the 53rd Legislature,
  12-23  Regular Session, 1953 (Article 6701d-12, Vernon's Texas Civil
  12-24  Statutes);
  12-25                    (C)  Chapter 608, Acts of the 65th Legislature,
  12-26  Regular Session, 1977 (Article 6701d-12a, Vernon's Texas Civil
  12-27  Statutes);
  12-28                    (D)  Chapter 73, Acts of the 54th Legislature,
  12-29  Regular Session, 1955 (Article 6701d-13, Vernon's Texas Civil
  12-30  Statutes);
  12-31                    (E)  Chapter 212, Acts of the 56th Legislature,
  12-32  Regular Session, 1959 (Article 6701d-14, Vernon's Texas Civil
  12-33  Statutes);
  12-34                    (F)  Chapter 8, Acts of the 62nd Legislature,
  12-35  Regular Session, 1971 (Article 6701d-17, Vernon's Texas Civil
  12-36  Statutes); or
  12-37                    (G)  Section 107C, Uniform Act Regulating Traffic
  12-38  on Highways (Article 6701d, Vernon's Texas Civil Statutes);
  12-39              (5)  is incapable of safely driving a motor vehicle;
  12-40              (6)  has permitted an unlawful or fraudulent use of
  12-41  such license;
  12-42              (7)  has committed an offense in another state, which
  12-43  if committed in this State would be grounds for suspension or
  12-44  revocation;
  12-45              (8)  has violated a restriction imposed on the use of
  12-46  the license;
  12-47              (9)  has been responsible as a driver for any accident
  12-48  resulting in serious personal injury or serious property damage;
  12-49              (10)  is the holder of a provisional license under
  12-50  Section 11A of this Act and has been convicted of two (2) or more
  12-51  moving violations committed within a period of twelve (12) months;
  12-52              (11)  has not complied with the terms of a citation
  12-53  issued by a jurisdiction that is a member of the Nonresident
  12-54  Violator Compact of 1977  for a violation to which the compact
  12-55  applies;
  12-56              (12)  has a warrant of arrest outstanding, for failure
  12-57  to appear or pay a fine on a complaint, that is issued by a
  12-58  political subdivision that has contracted with the Department under
  12-59  Article 6687c, Revised Statutes;
  12-60              (13)  has committed an offense under Section 186,
  12-61  Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
  12-62  Texas Civil Statutes);
  12-63              (14)  has failed to provide medical records or has
  12-64  failed to undergo medical or other examinations as required by a
  12-65  panel of the Medical Advisory Board;
  12-66              (15)  has failed to take, or failed to pass, any
  12-67  examination required by the director under this Act; or
  12-68              (16)  has been reported by a court under Section 1c or
  12-69  2(a), Chapter 302, Acts of the 55th Legislature, Regular Session,
  12-70  1957 (Article 6701l-4, Vernon's Texas Civil Statutes), for failure
   13-1  to appear or default in payment of a fine unless the court has
   13-2  filed an additional report on final disposition of the case.
   13-3        (c)  The Department is authorized to seek the suspension of
   13-4  the license of any driver who has been convicted of a violation of
   13-5  the provisions of the Driver's License Compact, Article 6701d-27,
   13-6  Revised Statutes.  For the purposes of this Act a conviction shall
   13-7  be defined in the same manner as in the Driver's License Compact.
   13-8        SECTION 26.  Section 26, Chapter 173, Acts of the 47th
   13-9  Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
  13-10  Civil Statutes), is amended to read as follows:
  13-11        Sec. 26.  SURRENDER AND RETURN OF LICENSE.  (a)  Except as
  13-12  limited by Subsection (b) of this section and by Section 23(c) of
  13-13  this Act, the Department, upon suspending or revoking a license,
  13-14  shall require that such license shall be surrendered to and be
  13-15  retained by the Department except that at the end of the period of
  13-16  suspension of such license, the license so surrendered shall be
  13-17  returned to the licensee.
  13-18        (b)  The Department may not return a license or reinstate a
  13-19  privilege to operate a motor vehicle suspended under <Section
  13-20  24(a-1) of> this Act, unless the person whose license or privilege
  13-21  was suspended makes application to the Department for reinstatement
  13-22  of the person's license or privilege and<, in addition to any other
  13-23  fee required by law,> pays to the Department a reinstatement fee of
  13-24  Fifty Dollars ($50.00) <Five Dollars ($5.00)>.
  13-25        <(c)  Fees paid under this section shall be deposited in the
  13-26  state treasury to the credit of the Operator's and Chauffeur's
  13-27  License Fund and shall be appropriated only to the Department to
  13-28  administer the provisions of this Act.>
  13-29        SECTION 27.  Subsection (f), Section 141, Uniform Act
  13-30  Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
  13-31  Statutes), is amended to read as follows:
  13-32        (f)  The Director may deny an application for a license, <or>
  13-33  revoke or suspend an outstanding certificate of any inspection
  13-34  station or the certificate of any person to inspect vehicles, place
  13-35  on probation the holder of the certificate that has been suspended,
  13-36  or reprimand the holder of a certificate, in addition to action
  13-37  taken under Subsection (g) of this section, for any of the
  13-38  following reasons:
  13-39              (1)  issuing a certificate without required
  13-40  adjustments, corrections, or repairs having been made when an
  13-41  inspection disclosed the necessity for those adjustments,
  13-42  corrections, or repairs;
  13-43              (2)  refusing to allow the owner of the vehicle to have
  13-44  required corrections or adjustments made by any qualified person he
  13-45  may choose;
  13-46              (3)  issuing an inspection certificate without having
  13-47  made an inspection of the vehicle;
  13-48              (4)  knowingly or wilfully issuing an inspection
  13-49  certificate for a vehicle without the required items of inspection
  13-50  or with items which were not at the time of issuance in good
  13-51  condition and in conformity with the laws of this state or in
  13-52  compliance with rules of the Commission;
  13-53              (5)  charging more than the required inspection fee;
  13-54              (6)  issuing an inspection certificate without being
  13-55  certified to do so by the Department;
  13-56              (7)  proof of unfitness of applicant or licensee under
  13-57  standards set out in this Act or in Commission rules;
  13-58              (8)  material misrepresentation in any application or
  13-59  any other information filed under this Act or Commission rules;
  13-60              (9)  wilful failure to comply with this Act or any rule
  13-61  promulgated by the Commission under the provisions of this Act;
  13-62              (10)  failure to maintain the qualifications for a
  13-63  license; or
  13-64              (11)  any act or omission by the licensee, his agent,
  13-65  servant, employee, or person acting in a representative capacity
  13-66  for the licensee which act or omission would be cause to deny,
  13-67  revoke, or suspend a license to an individual licensee.
  13-68        If the holder of a suspended certificate is placed on
  13-69  probation, the Director may require the holder of the certificate
  13-70  to report regularly to the Department on matters that are the basis
   14-1  of the probation.
   14-2        When there is cause to deny an application for a certificate
   14-3  of any inspection station or the certificate of any person to
   14-4  inspect vehicles or revoke or suspend the outstanding certificate,
   14-5  the Director shall, in less than thirty (30) days before refusal,
   14-6  suspension, or revocation action is taken, notify the person, in
   14-7  writing, in person, or by certified mail at the last address
   14-8  supplied to the Department by the person, of the impending refusal,
   14-9  suspension, or revocation, the reasons for taking that action, and
  14-10  of his right to an administrative hearing for the purpose of
  14-11  determining whether or not the evidence is sufficient to warrant
  14-12  the refusal, suspension, or revocation action proposed to be taken
  14-13  by the Director.  If, within twenty (20) days after the personal
  14-14  notice of the notice is sent or notice has been deposited in the
  14-15  United States mail, the person has not made a written request to
  14-16  the Director for this administrative hearing, the Director, without
  14-17  a hearing, may suspend or revoke or refuse to issue any
  14-18  certificate.  On receipt by the Director of a written request of
  14-19  the person within the twenty-day (20-day) period, an opportunity
  14-20  for an administrative hearing shall be afforded as early as is
  14-21  practicable.  In no case shall the hearing be held less than ten
  14-22  (10) days after written notification, including a copy of the
  14-23  charges, is given the person by personal service or by certified
  14-24  mail sent to the last address supplied to the Department by the
  14-25  applicant or certificate holder.  The administrative hearing in
  14-26  these cases shall be before the Director or his designee.  The
  14-27  Director or his designee shall conduct the administrative hearing
  14-28  and may administer oaths and issue subpoenas for the attendance of
  14-29  witnesses and the production of relevant books, papers, or
  14-30  documents.  On the basis of the evidence submitted at the hearing,
  14-31  the Director acting for himself or upon the recommendation of his
  14-32  designee may refuse the application or suspend or revoke the
  14-33  certificate.
  14-34        Any person dissatisfied with the action of the Director,
  14-35  without filing a motion for rehearing, may appeal the action of the
  14-36  Director by filing a petition within thirty (30) days after the
  14-37  action is taken in a district court in the county where the person
  14-38  resides or in a district court of Travis County, and the court is
  14-39  vested with jurisdiction, and it shall be the duty of the court to
  14-40  set the matter for hearing upon ten (10) days written notice to the
  14-41  Director and the attorney representing the Director.  The court in
  14-42  which the petition of appeal is filed shall determine whether any
  14-43  action of the Director shall be suspended pending hearing and enter
  14-44  its order accordingly, which shall be operative when served upon
  14-45  the Director, and the Director shall provide the attorney
  14-46  representing the Director with a copy of the petition and order.
  14-47  The Director shall be represented in these appeals by the district
  14-48  or county attorney of the county, or the attorney general, or any
  14-49  of their assistants.
  14-50        SECTION 28.  Subdivisions (2) and (3), Subsection (c),
  14-51  Section 142, Uniform Act Regulating Traffic on Highways (Article
  14-52  6701d, Vernon's Texas Civil Statutes), are amended to read as
  14-53  follows:
  14-54              (2)  The director shall discontinue the use of
  14-55  supervisory commissioned peace officers to administer the motor
  14-56  vehicle inspection and maintenance program established by this
  14-57  article not later than September 1, 1995.
  14-58              (3)  The <By September 1, 1992, the> Department shall
  14-59  reduce by September 1 of each year the number of commissioned peace
  14-60  officers assigned to administer the motor vehicle inspection and
  14-61  maintenance program <by no less than 25 percent below the number
  14-62  assigned to that duty on the effective date of this subdivision and
  14-63  shall reduce the number by similar or greater percentages by
  14-64  September 1 of each succeeding year> so that by September 1, 1995,
  14-65  no more than 25 commissioned officers will be assigned to the
  14-66  program.
  14-67        SECTION 29.  Title 116, Revised Statutes, is amended by
  14-68  adding Article 6701d-27 to read as follows:
  14-69        Art. 6701d-27.  DRIVER'S LICENSE COMPACT OF 1993
  14-70        Sec. 1.  COMPACT.  The Driver's License Compact of 1993 is
   15-1  hereby enacted into law and entered into with all other
   15-2  jurisdictions legally joining therein.
   15-3        Sec. 2.  FINDINGS AND DECLARATION OF POLICY.  (a)  The states
   15-4  find that:
   15-5              (1)  the safety of their streets and highways is
   15-6  materially affected by the degree of compliance with state laws and
   15-7  local ordinances relating to the operation of motor vehicles;
   15-8              (2)  violation of such a law or ordinance is evidence
   15-9  that the violator engages in conduct which is likely to endanger
  15-10  the safety of persons and property; and
  15-11              (3)  the continuance in force of a license to drive is
  15-12  predicated on compliance with laws and ordinances relating to the
  15-13  operation of motor vehicles in whichever jurisdiction the vehicle
  15-14  is operated.
  15-15        (b)  It is the policy of each of the states to:
  15-16              (1)  promote compliance with the laws, ordinances, and
  15-17  administrative rules and regulations relating to the operation of
  15-18  motor vehicles by their operators in each of the jurisdictions
  15-19  where the operators drive motor vehicles; and
  15-20              (2)  make the reciprocal recognition of licenses to
  15-21  drive and eligibility therefor more just and equitable by
  15-22  considering the overall compliance with motor vehicle laws,
  15-23  ordinances, and administrative rules and regulations as a condition
  15-24  precedent to the continuance or issuance of any license by reason
  15-25  of which the licensee is authorized or permitted to operate a motor
  15-26  vehicle in any of the states.
  15-27        Sec. 3.  DEFINITIONS.  In this compact:
  15-28              (1)  "Commercial driver's license" means a license
  15-29  issued by a state or other jurisdiction, in accordance with the
  15-30  standards contained in 49 C.F.R. Part 383, to an individual which
  15-31  authorizes the individual to operate a class of commercial motor
  15-32  vehicle.
  15-33              (2)  "Conviction" has the same meaning as provided in
  15-34  Subdivision (9), Section 3, Texas Commercial Driver's License Act
  15-35  (Article 6687b-2, Revised Statutes).
  15-36              (3)  "Executive director" means the director of the
  15-37  Department of Public Safety or the equivalent officer of another
  15-38  state.
  15-39              (4)  "Hazardous materials" has the meaning assigned by
  15-40  the Hazardous Materials Transportation Act (49 U.S.C. Section 1801
  15-41  et seq.).
  15-42              (5)  "Hazardous waste" means any material that is
  15-43  subject to the Hazardous Waste Manifest Requirement of the U.S.
  15-44  Environmental Protection Agency specified in 40 C.F.R. Part 262.
  15-45              (6)  "Home state" means the state which has issued a
  15-46  license or permit and has the power to suspend or revoke use of the
  15-47  license or permit to operate a motor vehicle.
  15-48              (7)  "License" means a license or permit to operate a
  15-49  motor vehicle issued by a state.
  15-50              (8)  "Licensing authority" means the Department of
  15-51  Public Safety or the equivalent agency of another state.
  15-52              (9)  "Notification" means that a document has been sent
  15-53  from one jurisdiction to another notifying anyone receiving the
  15-54  information of withdrawal of the driving privilege or the
  15-55  restoration of the privilege.
  15-56              (10)  "State" means a state, territory, or possession
  15-57  of the United States, the District of Columbia, or the commonwealth
  15-58  of Puerto Rico.
  15-59              (11)  "Violation" means the commission of an offense
  15-60  related to the use or operation of a motor vehicle, even if there
  15-61  has been no conviction.  A suspension by reason of a violation
  15-62  includes a suspension for failure to appear in court or comply with
  15-63  a court order or suspension for violating an implied consent law.
  15-64        Sec. 4.  REPORTS OF CONVICTIONS.  The licensing authority of
  15-65  a state shall report each conviction of a person from another state
  15-66  occurring within its jurisdiction to the licensing authority of the
  15-67  home state of the licensee.  Such report shall clearly identify the
  15-68  person convicted; describe the violation specifying the section of
  15-69  the statute, code, or ordinance violated; identify the court in
  15-70  which action was taken; indicate whether a plea of guilty or not
   16-1  guilty was entered or the conviction was a result of the forfeiture
   16-2  of bail, bond, or other security; and include any special findings
   16-3  made in connection with the conviction.
   16-4        Sec. 5.  EFFECT OF CONVICTION.  (a)  The licensing authority
   16-5  in the home state, for the purpose of suspension, revocation,
   16-6  cancellation, denial, disqualification, or limitation of the
   16-7  privilege to operate a motor vehicle, shall give the same effect to
   16-8  the conduct reported pursuant to Section 4 of this Act as it would
   16-9  if such conduct had occurred in the home state in the case of
  16-10  conviction for:
  16-11              (1)  manslaughter or negligent homicide resulting from
  16-12  the operation of a motor vehicle;
  16-13              (2)  driving a motor vehicle while under the influence
  16-14  of alcoholic beverages or a narcotic to a degree which renders the
  16-15  driver incapable of safely driving a motor vehicle;
  16-16              (3)  any felony in the commission of which a motor
  16-17  vehicle is used; or
  16-18              (4)  failure to stop and render aid or information in
  16-19  the event of a motor vehicle accident resulting in the death or
  16-20  personal injury of another.
  16-21        (b)  As to other convictions reported pursuant to this
  16-22  compact, the licensing authority in the home state shall give such
  16-23  effect to the conduct as is provided by the laws of the home state.
  16-24        (c)  If the laws of a state do not provide for offenses or
  16-25  violations denominated or described in precisely the words employed
  16-26  in Subsection (a) of this section, those offenses or violations of
  16-27  a substantially similar nature and the laws of that state shall be
  16-28  understood to contain such provisions as may be necessary to ensure
  16-29  that full force and effect is given to this compact.
  16-30        Sec. 6.  APPLICATIONS FOR NEW LICENSES.  On receiving an
  16-31  application for a license to drive, the licensing authority in a
  16-32  state shall ascertain whether the applicant has ever held or is the
  16-33  holder of a license to drive issued by any other state.  The
  16-34  licensing authority in the state where application is made shall
  16-35  not issue a license to the applicant if the applicant:
  16-36              (1)  has held a license but the license has been
  16-37  suspended by reason, in whole or in part, of a violation and the
  16-38  suspension period has not terminated;
  16-39              (2)  has held a license but the license has been
  16-40  revoked by reason, in whole or in part, of a violation and the
  16-41  revocation has not terminated, except that after the expiration of
  16-42  one year from the date the license was revoked the person may apply
  16-43  for a new license if permitted by law; the licensing authority may
  16-44  refuse to issue a license to any such applicant if, after
  16-45  investigation, the licensing authority determines that it will not
  16-46  be safe to grant the person the privilege of driving a motor
  16-47  vehicle on the public highways; or
  16-48              (3)  is the holder of a license issued by another state
  16-49  currently in force unless the applicant surrenders such license or
  16-50  provides an affidavit prescribed by the licensing authority that
  16-51  such license is no longer in the person's possession.
  16-52        Sec. 7.  APPLICABILITY OF OTHER LAWS.  Except as expressly
  16-53  required by provisions of this compact, nothing contained herein
  16-54  shall be construed to affect the right of any state to apply any of
  16-55  its other laws relating to licenses to drive to any person or
  16-56  circumstance nor to invalidate or prevent any driver's license
  16-57  agreement or other cooperative arrangement between a member state
  16-58  and a nonmember state.
  16-59        Sec. 8.  COMPACT ADMINISTRATOR AND INTERCHANGE OF INFORMATION
  16-60  AND COMPENSATION OF EXPENSES.  (a)  The compact administrator shall
  16-61  be appointed by the executive director of the licensing authority.
  16-62  A compact administrator may provide for the discharge of his duties
  16-63  and the performance of his position by an alternate.  The
  16-64  administrators, acting jointly, shall have the power to formulate
  16-65  all necessary and proper procedures for the exchange of information
  16-66  under this compact.
  16-67        (b)  The administrator of each state shall furnish to the
  16-68  administrator of each other state any information or documents
  16-69  reasonably necessary to facilitate the administration of this
  16-70  compact.
   17-1        (c)  The compact administrator provided for in this compact
   17-2  shall not be entitled to any additional compensation on account of
   17-3  his service as such administrator but shall be entitled to expenses
   17-4  incurred in connection with his duties and responsibilities as such
   17-5  administrator in the same manner as for expenses incurred in
   17-6  connection with any other duties or responsibilities of his office
   17-7  or employment.
   17-8        Sec. 9.  EFFECTIVE DATE; WITHDRAWAL FROM COMPACT.  (a)  This
   17-9  compact shall enter into force and become effective as to any state
  17-10  when it has enacted the compact into law.
  17-11        (b)  Any member state may withdraw from this compact by
  17-12  enacting a statute repealing the compact, but no such withdrawal
  17-13  shall take effect until six months after the executive director of
  17-14  the withdrawing state has given notice of the withdrawal to the
  17-15  executive directors of all other member states.  No withdrawal
  17-16  shall affect the validity or applicability by the licensing
  17-17  authorities of states remaining party to the compact of any report
  17-18  of conviction occurring prior to the withdrawal.
  17-19        Sec. 10.  RULEMAKING AUTHORITY.  The licensing authority may
  17-20  adopt any rules and regulations deemed necessary by the executive
  17-21  director to administer and enforce the provisions of this compact.
  17-22        Sec. 11.  CONSTRUCTION AND SEVERABILITY.  This compact shall
  17-23  be liberally construed so as to effectuate the purposes thereof.
  17-24  The provisions of this compact shall be severable; if any phrase,
  17-25  clause, sentence, or provision of this compact is declared to be
  17-26  contrary to the constitution of any state or of the United States
  17-27  or the applicability thereof to any government, agency, person, or
  17-28  circumstance is held invalid, the validity of the remainder of this
  17-29  compact and the applicability thereof to any government, agency,
  17-30  person, or circumstance shall not be affected thereby.  If this
  17-31  compact is held contrary to the constitution of any state party
  17-32  thereto, the compact shall remain in full force and effect in the
  17-33  remaining states and in full force and effect in the state affected
  17-34  with regard to all severable matters.
  17-35        SECTION 30.  Chapter 411, Government Code, is amended by
  17-36  adding Subchapter F to read as follows:
  17-37          SUBCHAPTER F.  CRIMINAL HISTORY RECORD INFORMATION
  17-38        Sec. 411.081.  APPLICATION OF SUBCHAPTER.  (a)  This
  17-39  subchapter does not apply to criminal history record information
  17-40  that is contained in:
  17-41              (1)  posters, announcements, or lists for identifying
  17-42  or apprehending fugitives or wanted persons;
  17-43              (2)  original records of entry, including police
  17-44  blotters maintained by a criminal justice agency that are compiled
  17-45  chronologically and required by law or long-standing practice to be
  17-46  available to the public;
  17-47              (3)  public judicial, administrative, or legislative
  17-48  proceedings;
  17-49              (4)  court records of public judicial proceedings;
  17-50              (5)  published judicial or administrative opinions; or
  17-51              (6)  announcements of executive clemency.
  17-52        (b)  This subchapter does not prohibit a criminal justice
  17-53  agency from disclosing to the public criminal history record
  17-54  information that is related to the offense for which a person is
  17-55  involved in the criminal justice system.
  17-56        (c)  This subchapter does not prohibit a criminal justice
  17-57  agency from confirming previous criminal history record information
  17-58  to any person on specific inquiry about whether a named person was
  17-59  arrested, detained, indicted, or formally charged on a specified
  17-60  date, if the information disclosed is based on data excluded by
  17-61  Subsection (b).
  17-62        Sec. 411.082.  DEFINITIONS.  In this subchapter:
  17-63              (1)  "Administration of criminal justice" has the
  17-64  meaning assigned by Article 60.01, Code of Criminal Procedure.
  17-65              (2)  "Criminal history record information" means
  17-66  information collected about a person by a criminal justice agency
  17-67  that consists of identifiable descriptions and notations of
  17-68  arrests, detentions, indictments, informations, and other formal
  17-69  criminal charges and their dispositions.  The term does not
  17-70  include:
   18-1                    (A)  identification information, including
   18-2  fingerprint records, to the extent that the identification
   18-3  information does not indicate involvement of the person in the
   18-4  criminal justice system; or
   18-5                    (B)  driving record information maintained by the
   18-6  department under Section 21, Chapter 173, Acts of the 47th
   18-7  Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
   18-8  Civil Statutes).
   18-9              (3)  "Criminal justice agency" means:
  18-10                    (A)  a federal or state agency that is engaged in
  18-11  the administration of criminal justice under a statute or executive
  18-12  order and that allocates a substantial portion of its annual budget
  18-13  to the administration of criminal justice; or
  18-14                    (B)  a nongovernmental railroad or campus police
  18-15  department that has obtained an originating agency identifier from
  18-16  the Federal Bureau of Investigation.
  18-17              (4)  "Criminal justice purpose" means:
  18-18                    (A)  an activity that is included in the
  18-19  administration of criminal justice; or
  18-20                    (B)  screening of applicants for employment with
  18-21  a criminal justice agency.
  18-22        Sec. 411.083.  DISSEMINATION OF CRIMINAL HISTORY RECORD
  18-23  INFORMATION.  (a)  Criminal history record information maintained
  18-24  by the department is confidential information for the use of the
  18-25  department and, except as provided by this subchapter, may not be
  18-26  disseminated by the department.
  18-27        (b)  The department shall grant access to criminal history
  18-28  record information to:
  18-29              (1)  criminal justice agencies;
  18-30              (2)  noncriminal justice agencies authorized by federal
  18-31  statute or executive order or by state statute to receive criminal
  18-32  history record information;
  18-33              (3)  the person who is the subject of the criminal
  18-34  history record information;
  18-35              (4)  a person working on a research or statistical
  18-36  project that:
  18-37                    (A)  is funded in whole or in part by state
  18-38  funds; or
  18-39                    (B)  meets the requirements of Part 22, Title 28,
  18-40  Code of Federal Regulations, and is approved by the department; and
  18-41              (5)  an individual or an agency that has a specific
  18-42  agreement with a criminal justice agency to provide services
  18-43  required for the administration of criminal justice under that
  18-44  agreement, if the agreement:
  18-45                    (A)  specifically authorizes access to
  18-46  information;
  18-47                    (B)  limits the use of information to the
  18-48  purposes for which it is given;
  18-49                    (C)  ensures the security and confidentiality of
  18-50  the information; and
  18-51                    (D)  provides for sanctions if a requirement
  18-52  imposed under Subdivision (A), (B), or (C) is violated.
  18-53        (c)  The department may disseminate criminal history record
  18-54  information under Subsection (b)(1) only for a criminal justice
  18-55  purpose.  The department may disseminate criminal history record
  18-56  information under Subsection (b)(2) only for a purpose specified in
  18-57  the statute or order.  The department may disseminate criminal
  18-58  history record information under Subsection (b)(4) or (b)(5) only
  18-59  for a purpose approved by the department and only under rules
  18-60  adopted by the department.
  18-61        (d)  The department is not required to release or disclose
  18-62  criminal history record information to any person that is not in
  18-63  compliance with rules adopted by the department under this
  18-64  subchapter or rules adopted by the Federal Bureau of Investigation
  18-65  that relate to the dissemination or use of criminal history record
  18-66  information.
  18-67        Sec. 411.084.  USE OF CRIMINAL HISTORY RECORD INFORMATION.
  18-68  Criminal history record information obtained from the department
  18-69  under this subchapter:
  18-70              (1)  is for the exclusive use of the authorized
   19-1  recipient of the information; and
   19-2              (2)  may be disclosed or used by the recipient only if,
   19-3  and only to the extent that, disclosure or use is authorized or
   19-4  directed by:
   19-5                    (A)  this subchapter;
   19-6                    (B)  another statute;
   19-7                    (C)  a rule adopted under a statute; or
   19-8                    (D)  an order of  a court of competent
   19-9  jurisdiction.
  19-10        Sec. 411.085.  UNAUTHORIZED OBTAINING, USE, OR DISCLOSURE OF
  19-11  CRIMINAL HISTORY RECORD INFORMATION; PENALTY.  (a)  A person
  19-12  commits an offense if the person knowingly or intentionally:
  19-13              (1)  obtains criminal history record information in an
  19-14  unauthorized manner, uses the information for an unauthorized
  19-15  purpose, or discloses the information to a person who is not
  19-16  entitled to the information;
  19-17              (2)  provides a person with a copy of the person's
  19-18  criminal history record information obtained from the department;
  19-19  or
  19-20              (3)  violates a rule of the department adopted under
  19-21  this subchapter.
  19-22        (b)  An offense under Subsection (a) is a Class B
  19-23  misdemeanor, except as provided by Subsection (c).
  19-24        (c)  An offense under Subsection (a) is a felony of the
  19-25  second degree if the person:
  19-26              (1)  obtains, uses, or discloses criminal history
  19-27  record information for remuneration or for the promise of
  19-28  remuneration; or
  19-29              (2)  employs another person to obtain, use, or disclose
  19-30  criminal history record information for remuneration or for the
  19-31  promise of remuneration.
  19-32        Sec. 411.086.  RULES.  (a)  The department shall adopt rules
  19-33  to administer this subchapter.
  19-34        (b)  Rules adopted by the department:
  19-35              (1)  shall provide for a uniform method of requesting
  19-36  criminal history record information from the department;
  19-37              (2)  may require a person requesting criminal history
  19-38  record information about an individual to submit to the department
  19-39  one or more of the following:
  19-40                    (A)  the complete name, race, and sex of the
  19-41  individual;
  19-42                    (B)  any known alias name of the individual;
  19-43                    (C)  a complete set of the individual's
  19-44  fingerprints;
  19-45                    (D)  a recent photograph of the individual;
  19-46                    (E)  any known identifying number of the
  19-47  individual, including social security number, FBI number, driver's
  19-48  license number, or state identification number;
  19-49                    (F)  the individual's date of birth;
  19-50                    (G)  any known alias dates of birth of the
  19-51  individual; or
  19-52                    (H)  any other information the department
  19-53  determines is necessary to identify the individual or the record;
  19-54              (3)  shall provide for the methods and formats for
  19-55  dissemination of criminal history record information; and
  19-56              (4)  shall provide security measures and policies that
  19-57  are designed to guard against unauthorized release or dissemination
  19-58  of criminal history record information that is maintained or
  19-59  disseminated by the department.
  19-60        Sec. 411.087.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION
  19-61  MAINTAINED BY FEDERAL BUREAU OF INVESTIGATION OR LOCAL CRIMINAL
  19-62  JUSTICE AGENCY.  (a)  A person, agency, department, political
  19-63  subdivision, or other entity that is authorized by this subchapter
  19-64  to obtain from the department criminal history record information
  19-65  maintained by the department that relates to another person is
  19-66  authorized to:
  19-67              (1)  obtain through the Federal Bureau of Investigation
  19-68  criminal history record information maintained or indexed by that
  19-69  bureau that pertains to that person; or
  19-70              (2)  obtain from any other criminal justice agency in
   20-1  this state criminal history record information maintained by that
   20-2  criminal justice agency that relates to that person.
   20-3        (b)  Any restriction or limitation in this subchapter on
   20-4  criminal history record information that a person, agency,
   20-5  department, political subdivision, or other entity is entitled to
   20-6  obtain from the department applies equally to the criminal history
   20-7  record information that the person, agency, department, political
   20-8  subdivision, or other entity is entitled to obtain from the
   20-9  identification division of the Federal Bureau of Investigation or
  20-10  other criminal justice agency.
  20-11        (c)  Subsection (a) does not authorize a person, agency,
  20-12  department, political subdivision, or other entity to obtain
  20-13  criminal history record information from the identification
  20-14  division of the Federal Bureau of Investigation if dissemination of
  20-15  criminal history record information by the division is prohibited
  20-16  by federal law, executive order, or rule.
  20-17        (d)  A person, agency, department, political subdivision, or
  20-18  other entity that is not a criminal justice agency is entitled to
  20-19  obtain criminal history record information from the Federal Bureau
  20-20  of Investigation only if:
  20-21              (1)  the requestor submits a complete set of the
  20-22  individual's fingerprints and other identifying information and
  20-23  pays any fee required or approved by the bureau;
  20-24              (2)  no disqualifying record or information from a
  20-25  state or local criminal justice agency is known to the requestor;
  20-26  and
  20-27              (3)  the request is not for the purpose of
  20-28  discriminating against a person because of the person's race, sex,
  20-29  age, disability, religion, color, or national origin.
  20-30        (e)  Subsection (a)(1) does not apply to a volunteer center
  20-31  under Section 411.126.
  20-32        Sec. 411.088.  FEES.  (a)  The department may charge a person
  20-33  that is not primarily a criminal justice agency a fee for
  20-34  processing inquiries for criminal history record information.  The
  20-35  department may charge:
  20-36              (1)  a fee of $10 for each inquiry for criminal history
  20-37  record information on a person that is processed only on the basis
  20-38  of the person's name, unless the inquiry is submitted
  20-39  electronically or by magnetic media, in which event the fee is $1;
  20-40              (2)  a fee of $15 for each inquiry for criminal history
  20-41  record information on a person that is processed on the basis of a
  20-42  fingerprint comparison search; and
  20-43              (3)  actual costs for processing all other information
  20-44  inquiries.
  20-45        (b)  The department shall deposit all fees collected under
  20-46  this section in the Operator's and Chauffeur's License Fund.
  20-47        Sec. 411.089.  ACCESS TO CRIMINAL HISTORY RECORD
  20-48  INFORMATION:  CRIMINAL JUSTICE AGENCY.  (a)  A criminal justice
  20-49  agency is entitled to obtain from the department any criminal
  20-50  history record information maintained by the department about a
  20-51  person.
  20-52        (b)  Criminal history record information obtained under
  20-53  Subsection (a) may be released by the criminal justice agency:
  20-54              (1)  to any other criminal justice agency, if such
  20-55  release is for a criminal justice purpose; and
  20-56              (2)  through audio response terminals and radio
  20-57  devices, whether digital or voice, if such dissemination is in
  20-58  accordance with rules promulgated by the department.
  20-59        Sec. 411.090.  ACCESS TO CRIMINAL HISTORY RECORD
  20-60  INFORMATION:  CENTRAL EDUCATION AGENCY.  (a)  The Central Education
  20-61  Agency is entitled to obtain from the department any criminal
  20-62  history record information maintained by the department about a
  20-63  person who has applied to the agency for a teaching certificate.
  20-64        (b)  Criminal history record information obtained by the
  20-65  agency under Subsection (a):
  20-66              (1)  may be used for any purpose related to the
  20-67  issuance, denial, suspension, or cancellation of a teaching
  20-68  certificate issued by the agency;
  20-69              (2)  may not be released to any person except on court
  20-70  order or with the consent of the applicant for a teaching
   21-1  certificate; and
   21-2              (3)  shall be destroyed by the agency after the
   21-3  information is used for the authorized purposes.
   21-4        Sec. 411.091.  ACCESS TO CRIMINAL HISTORY RECORD
   21-5  INFORMATION:  TEXAS ALCOHOLIC BEVERAGE COMMISSION.  (a)  The Texas
   21-6  Alcoholic Beverage Commission is entitled to obtain from the
   21-7  department criminal history record information maintained by the
   21-8  department that:
   21-9              (1)  the commission believes is necessary for the
  21-10  enforcement or administration of the Alcoholic Beverage Code; or
  21-11              (2)  pertains to a person who, under the Bingo Enabling
  21-12  Act (Article 179d, Vernon's Texas Civil Statutes), is:
  21-13                    (A)  an operator or an applicant to act as an
  21-14  operator of bingo occasions;
  21-15                    (B)  an officer of an organization that applies
  21-16  for or holds a license to conduct bingo;
  21-17                    (C)  a person who works at or will work at
  21-18  proposed bingo games;
  21-19                    (D)  an applicant for a license to act or a
  21-20  person who holds a license to act as a commercial lessor,
  21-21  manufacturer, or distributor;
  21-22                    (E)  a spouse of or a person related in the first
  21-23  degree by consanguinity or affinity, as determined under Article
  21-24  5996h, Revised Statutes, to:
  21-25                          (i)  a person who has a greater than 10
  21-26  percent proprietary, equitable, or credit interest; or
  21-27                          (ii)  a person who is an employee of or is
  21-28  active in a firm or corporation applying for a license to act or a
  21-29  person who holds a license to act as a commercial lessor,
  21-30  manufacturer, or distributor; or
  21-31                    (F)  a person required to be named in an
  21-32  application for a license to act or a person who holds a license to
  21-33  act as a commercial lessor, manufacturer, or distributor.
  21-34        (b)  Criminal history record information obtained by the
  21-35  commission under Subsection (a)(1) may be used only for the
  21-36  enforcement and administration of the Alcoholic Beverage Code.
  21-37        (c)  Criminal history record information obtained by the
  21-38  commission under Subsection (a)(2):
  21-39              (1)  may be used only for the enforcement and
  21-40  administration of the Bingo Enabling Act (Article 179d, Vernon's
  21-41  Texas Civil Statutes); and
  21-42              (2)  may not be released to any person or agency except
  21-43  on court order or with the written consent of the person being
  21-44  investigated, unless the information is entered into evidence by
  21-45  the commission at an administrative hearing under that Act.
  21-46        Sec. 411.092.  ACCESS TO CRIMINAL HISTORY RECORD
  21-47  INFORMATION:  BANKING COMMISSIONER.  (a)  The banking commissioner
  21-48  is entitled to obtain from the department criminal history record
  21-49  information maintained by the department that relates to a person
  21-50  who is:
  21-51              (1)  an applicant for a license under Article 350,
  21-52  Revised Statutes; or
  21-53              (2)  a principal of an applicant for a license under
  21-54  that article.
  21-55        (b)  Criminal history record information obtained by the
  21-56  commissioner under Subsection (a), except on court order or as
  21-57  provided by Subsection (c), may not be released or disclosed to any
  21-58  person.
  21-59        (c)  The commissioner is not prohibited from disclosing to
  21-60  the individual who is the subject of the information the dates and
  21-61  places of arrests, the offenses, and the dispositions in the
  21-62  criminal history record information.
  21-63        Sec. 411.093.  ACCESS TO CRIMINAL HISTORY RECORD
  21-64  INFORMATION:  TEXAS DEPARTMENT OF LICENSING AND REGULATION.
  21-65  (a)  The Texas Department of Licensing and Regulation is entitled
  21-66  to obtain from the department criminal history record information
  21-67  maintained by the department that relates to a person who is:
  21-68              (1)  an applicant for a license under the Texas Boxing
  21-69  and Wrestling Act (Article 8501-1, Vernon's Texas Civil Statutes);
  21-70  or
   22-1              (2)  the holder of a license under that Act.
   22-2        (b)  The Texas Department of Licensing and Regulation is
   22-3  entitled only to criminal history record information that relates
   22-4  to the arrest or conviction of the person.
   22-5        Sec. 411.094.  ACCESS TO CRIMINAL HISTORY RECORD
   22-6  INFORMATION:  INSTITUTION OF HIGHER EDUCATION.  (a)  In this
   22-7  section:
   22-8              (1)  "Institution of higher education":
   22-9                    (A)  has the meaning assigned by Section 61.003,
  22-10  Education Code; or
  22-11                    (B)  means a private institution of higher
  22-12  education that is accredited by the Commission on Colleges of the
  22-13  Southern Association of Colleges and Schools.
  22-14              (2)  "Security-sensitive position" means employment in
  22-15  an institution of higher education held by an employee who:
  22-16                    (A)  handles currency;
  22-17                    (B)  has access to a computer terminal;
  22-18                    (C)  has access to a master key; or
  22-19                    (D)  works in a location designated as a
  22-20  security-sensitive area.
  22-21        (b)  An institution of higher education is entitled to obtain
  22-22  from the department criminal history record information maintained
  22-23  by the department that relates to a person who is an applicant for
  22-24  a security-sensitive position.
  22-25        (c)  Criminal history record information obtained by an
  22-26  institution of higher education under Subsection (b) may be used
  22-27  only for the purpose of evaluating applicants for employment in
  22-28  security-sensitive positions.
  22-29        (d)  Conviction information received by an institution of
  22-30  higher education under Subsection (b) may not be released or
  22-31  disclosed to any person except on court order.
  22-32        (e)  After the expiration of the probationary term of the
  22-33  individual's employment, all criminal history record information
  22-34  obtained about an individual under Subsection (b) shall be
  22-35  destroyed by the chief of police of the institution of higher
  22-36  education.
  22-37        Sec. 411.095.  ACCESS TO CRIMINAL HISTORY RECORD
  22-38  INFORMATION:  CONSUMER CREDIT COMMISSIONER.  (a)  The consumer
  22-39  credit commissioner is entitled to obtain from the department
  22-40  criminal history record information that relates to a person who
  22-41  is:
  22-42              (1)  an applicant for a license under the Texas
  22-43  Pawnshop Act (Article 5069-51.01 et seq., Vernon's Texas Civil
  22-44  Statutes); or
  22-45              (2)  the holder of a license under that Act.
  22-46        (b)  The commissioner is entitled only to criminal history
  22-47  record information that relates to the arrest or conviction of the
  22-48  person.
  22-49        Sec. 411.096.  ACCESS TO CRIMINAL HISTORY RECORD
  22-50  INFORMATION:  TEXAS RACING COMMISSION.  (a)  The Texas Racing
  22-51  Commission is entitled to obtain from the department criminal
  22-52  history record information maintained by the department that
  22-53  pertains to a person who is:
  22-54              (1)  appointed to the commission;
  22-55              (2)  an applicant for employment by the commission; or
  22-56              (3)  an applicant for a license under the Texas Racing
  22-57  Act (Article 179e, Vernon's Texas Civil Statutes).
  22-58        (b)  Criminal history record information obtained by the
  22-59  commission under Subsection (a) may not be released or disclosed to
  22-60  any person except in a criminal proceeding, in a hearing conducted
  22-61  by the commission, on court order, or with the consent of the
  22-62  applicant.
  22-63        Sec. 411.097.  ACCESS TO CRIMINAL HISTORY RECORD
  22-64  INFORMATION:  SCHOOL DISTRICT.  (a)  In this section, "school
  22-65  district" means any public school district in this state.
  22-66        (b)(1)  A school district is entitled to obtain from the
  22-67  department criminal history record information maintained by the
  22-68  department that the district is required or authorized to obtain
  22-69  under Section 21.917, Education Code, that relates to a person who
  22-70  is:
   23-1                    (A)  an applicant for employment by the district;
   23-2  or
   23-3                    (B)  an employee of or an applicant for
   23-4  employment with a public or commercial transportation company that
   23-5  contracts with the district to provide transportation services if
   23-6  the employee drives or the applicant will drive a bus in which
   23-7  students of the district are transported.
   23-8              (2)  A school district is entitled to obtain from the
   23-9  department, no more than twice each year, criminal history record
  23-10  information maintained by the department that the district is
  23-11  required or authorized to obtain under Section 21.917, Education
  23-12  Code, that relates to a person who is a current employee of the
  23-13  school district.
  23-14        (c)  Criminal history record information obtained by a school
  23-15  district under Subsection (b) may not be released or disclosed to
  23-16  any person, other than the individual who is the subject of the
  23-17  information, the Central Education Agency, or a person specified in
  23-18  Section 21.917(h), Education Code.
  23-19        Sec. 411.0975.  ACCESS TO CRIMINAL HISTORY RECORD
  23-20  INFORMATION:  PRIVATE SCHOOLS.  (a)  In this section, "private
  23-21  school" means a school that:
  23-22              (1)  offers a course of instruction for students in one
  23-23  or more grades from prekindergarten through grade 12; and
  23-24              (2)  is not operated by a government entity.
  23-25        (b)  A private school is entitled to obtain from the
  23-26  department criminal history record information maintained by the
  23-27  department that a school district is required to authorize to
  23-28  obtain under Section 21.917, Education Code, that relates to a
  23-29  person who is:
  23-30              (1)  an employee of the private school;
  23-31              (2)  an applicant for employment by the private school;
  23-32  or
  23-33              (3)  an employee of or an applicant for employment with
  23-34  a public or commercial transportation company that contracts with
  23-35  the private school to provide transportation services if the
  23-36  employee drives or the applicant will drive a bus in which students
  23-37  of the private school are transported.
  23-38        (c)  Criminal history record information obtained by a
  23-39  private school under Subsection (b) may not be released or
  23-40  disclosed to any person, other than the individual who is the
  23-41  subject of the information, the Central Education Agency, or a
  23-42  person specified in Section 21.917(h), Education Code.
  23-43        Sec. 411.098.  ACCESS TO CRIMINAL HISTORY RECORD
  23-44  INFORMATION:  TEXAS SCHOOL FOR THE BLIND AND VISUALLY IMPAIRED.
  23-45  (a)  The governing board of the Texas School for the Blind and
  23-46  Visually Impaired is entitled to obtain from the department
  23-47  criminal history record information maintained by the department
  23-48  that relates to a person who is an applicant for a position of
  23-49  employment with the school, the duties of which include direct
  23-50  delivery of care to children.
  23-51        (b)  Criminal history record information obtained by the
  23-52  board under Subsection (a) may not be released or disclosed to any
  23-53  person except on court order or as provided by Subsection (c) or
  23-54  (d).
  23-55        (c)  The board may release to the superintendent of the
  23-56  school criminal history record information that relates to:
  23-57              (1)  an offense classified as an offense against the
  23-58  person or the family;
  23-59              (2)  an offense classified as public indecency; or
  23-60              (3)  a felony violation of any statute intended to
  23-61  control the possession or distribution of a substance included in
  23-62  Chapter 481, Health and Safety Code, or Section 485.033, Health and
  23-63  Safety Code.
  23-64        (d)  The board or the superintendent of the school may
  23-65  disclose to an applicant or employee who is the subject of the
  23-66  information the dates and places of arrests, the offenses, and the
  23-67  dispositions in the criminal history record information.
  23-68        Sec. 411.099.  ACCESS TO CRIMINAL HISTORY RECORD
  23-69  INFORMATION:  TEXAS STATE BOARD OF MEDICAL EXAMINERS.  The Texas
  23-70  State Board of Medical Examiners is entitled to obtain from the
   24-1  department criminal history record information maintained by the
   24-2  department that relates to a person who is:
   24-3              (1)  an applicant for a license under the Medical
   24-4  Practice Act (Article 4495b, Vernon's Texas Civil Statutes); or
   24-5              (2)  the holder of a license under that Act.
   24-6        Sec. 411.100.  ACCESS TO CRIMINAL HISTORY RECORD
   24-7  INFORMATION:  BOARD OF LAW EXAMINERS.  (a)  The Board of Law
   24-8  Examiners is entitled to obtain from the department criminal
   24-9  history record information maintained by the department that
  24-10  relates to a person who is an applicant to take a bar examination.
  24-11        (b)  Criminal history record information obtained by the
  24-12  board under Subsection (a) may not be released or disclosed to any
  24-13  person, except on court order or with consent of the applicant.
  24-14        (c)  Immediately following the board's decision on
  24-15  recommending an applicant, the board shall collect and seal all
  24-16  criminal history record information obtained by the board that
  24-17  relates to that applicant.
  24-18        Sec. 411.101.  ACCESS TO CRIMINAL HISTORY RECORD
  24-19  INFORMATION:  TEXAS STRUCTURAL PEST CONTROL BOARD.  The Texas
  24-20  Structural Pest Control Board is entitled to obtain from the
  24-21  department criminal history record information maintained by the
  24-22  department that relates to a person who is:
  24-23              (1)  an applicant for a structural pest control
  24-24  business license under the Texas Structural Pest Control Act
  24-25  (Article 135b-6, Vernon's Texas Civil Statutes);
  24-26              (2)  an applicant for a certified applicator's license
  24-27  under that Act; or
  24-28              (3)  a holder of a structural pest control business
  24-29  license or a certified applicator's license under that Act.
  24-30        Sec. 411.102.  ACCESS TO CRIMINAL HISTORY RECORD
  24-31  INFORMATION:  MCGRUFF HOUSE PROGRAM.  (a)  In this section:
  24-32              (1)  "McGruff House" means a house that has been
  24-33  designated as a temporary haven for school-age children by a
  24-34  McGruff House program.
  24-35              (2)  "McGruff House program" means a program organized
  24-36  by local law enforcement agencies and civic organizations to
  24-37  provide a temporary haven and sense of security to school-age
  24-38  children in emergency or threatening situations.
  24-39        (b)  A local law enforcement agency involved in establishing
  24-40  a McGruff House program is entitled to obtain from the department
  24-41  criminal history record information maintained by the department
  24-42  that relates to a person who is an adult residing in a McGruff
  24-43  House.
  24-44        Sec. 411.103.  ACCESS TO CRIMINAL HISTORY RECORD
  24-45  INFORMATION:  CHILD WATCH PROGRAM.  (a)  In this section, "child
  24-46  watch program" means a program organized by a local civic
  24-47  organization with the cooperation of a school district to protect
  24-48  schoolchildren by having parents or volunteers patrol their
  24-49  residential neighborhoods and schools to watch for suspicious
  24-50  activity, dangers, and threats to children.
  24-51        (b)  A local law enforcement agency that participates in a
  24-52  child watch program is entitled to obtain from the department
  24-53  criminal history record information maintained by the department
  24-54  that relates to a person who:
  24-55              (1)  is a participant in the program; and
  24-56              (2)  gives written consent to the disclosure of the
  24-57  information.
  24-58        (c)  Criminal history record information obtained by a law
  24-59  enforcement agency under Subsection (b) may not be released or
  24-60  disclosed except on court order or with the consent of the person
  24-61  who is the subject of the criminal history record information.
  24-62        Sec. 411.104.  ACCESS TO CRIMINAL HISTORY RECORD
  24-63  INFORMATION:  TEXAS EMPLOYMENT COMMISSION.  (a)  In this section,
  24-64  "security sensitive position" has the meaning assigned by Section
  24-65  11-E(a), Texas Unemployment Compensation Act (Article 5221b-9e,
  24-66  Vernon's Texas Civil Statutes).
  24-67        (b)  The Texas Employment Commission is entitled to obtain
  24-68  from the department criminal history record information maintained
  24-69  by the department that relates to a person who is an applicant for
  24-70  a security sensitive position.
   25-1        (c)  Criminal history record information obtained by the
   25-2  commission under Subsection (b) may not be released or disclosed to
   25-3  any person except on court order or with the written consent of the
   25-4  person who is the subject of the criminal history record
   25-5  information.
   25-6        (d)  After the commission hires an applicant for a security
   25-7  sensitive position, the commission shall seal the criminal history
   25-8  record information that relates to the applicant and deliver the
   25-9  information to the agency administrator or the administrator's
  25-10  designee, who shall destroy the information.
  25-11        (e)  The commission shall destroy the criminal history record
  25-12  information of an applicant who is not hired.
  25-13        Sec. 411.105.  ACCESS TO CRIMINAL HISTORY RECORD
  25-14  INFORMATION:  TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY.  The Texas
  25-15  State Board of Public Accountancy is entitled to obtain from the
  25-16  department criminal history record information maintained by the
  25-17  department that relates to a person who is:
  25-18              (1)  an applicant for certification as a certified
  25-19  public accountant under the Public Accountancy Act of 1991 (Article
  25-20  41a-1, Vernon's Texas Civil Statutes);
  25-21              (2)  an applicant to take the uniform CPA examination
  25-22  under that Act; or
  25-23              (3)  an applicant to register under Section 14 of that
  25-24  Act.
  25-25        Sec. 411.106.  ACCESS TO CRIMINAL HISTORY RECORD
  25-26  INFORMATION:  TEXAS DEPARTMENT OF INSURANCE.  (a)  The Texas
  25-27  Department of Insurance for good cause shown is entitled to obtain
  25-28  from the department criminal history record information maintained
  25-29  by the department that relates to a person who is:
  25-30              (1)  an applicant for a license, permit, certificate of
  25-31  authority, certificate of registration, or other authorization
  25-32  issued by the State Board of Insurance to engage in an activity
  25-33  regulated under the Insurance Code; or
  25-34              (2)  a corporate officer of an insurance company
  25-35  regulated by the Texas Department of Insurance.
  25-36        (b)  Criminal history record information obtained by the
  25-37  Texas Department of Insurance under Subsection (a) may not be
  25-38  disclosed or released to any person except on court order or with
  25-39  the consent of the person who is the subject of the criminal
  25-40  history record information.
  25-41        (c)  After the Texas Department of Insurance makes a
  25-42  determination as to the issuance of a license or certificate of
  25-43  authority to an applicant, the Texas Department of Insurance shall
  25-44  seal the criminal history record information regarding the
  25-45  applicant and shall deliver the information to the commissioner of
  25-46  insurance or the commissioner's designee, who shall maintain the
  25-47  information as provided by State Board of Insurance rule.
  25-48        Sec. 411.107.  ACCESS TO CRIMINAL HISTORY RECORD
  25-49  INFORMATION:  RECEIVER.  (a)  In this section, "receiver" has the
  25-50  meaning assigned by Article 21.28, Insurance Code.
  25-51        (b)  A receiver is entitled to obtain from the department
  25-52  criminal history record information maintained by the department
  25-53  that the receiver believes is necessary for the investigation of
  25-54  any matter relating to a receivership estate.
  25-55        (c)  Criminal history record information obtained by a
  25-56  receiver under Subsection (b) may not be released or disclosed to
  25-57  any person except on court order or with the consent of the person
  25-58  who is the subject of the criminal history record information.
  25-59        (d)  A receiver may destroy criminal history record
  25-60  information obtained under Subsection (b) after the purpose for
  25-61  which the information was obtained is accomplished.
  25-62        Sec. 411.108.  ACCESS TO CRIMINAL HISTORY RECORD
  25-63  INFORMATION:  COMPTROLLER OF PUBLIC ACCOUNTS.  (a)  The comptroller
  25-64  is entitled to obtain from the department criminal history record
  25-65  information maintained by the department that relates to a person
  25-66  who, under the State Lottery Act (Article 179g, Vernon's Texas
  25-67  Civil Statutes), is:
  25-68              (1)  a sales agent or an applicant for a sales agent
  25-69  license;
  25-70              (2)  a person required to be named in a license
   26-1  application;
   26-2              (3)  a lottery operator or prospective lottery
   26-3  operator;
   26-4              (4)  an employee of a lottery operator or prospective
   26-5  lottery operator, if the employee is or will be directly involved
   26-6  in lottery operations;
   26-7              (5)  a person who manufactures or distributes lottery
   26-8  equipment or supplies or a representative of a person who
   26-9  manufactures or distributes lottery equipment or supplies offered
  26-10  to the lottery;
  26-11              (6)  a person who has submitted a written bid or
  26-12  proposal to the division in connection with the procurement of
  26-13  goods or services by the division, if the amount of the bid or
  26-14  proposal exceeds $500;
  26-15              (7)  an employee or other person who works for or will
  26-16  work for a sales agent or an applicant for a sales agent license;
  26-17              (8)  a person who proposes to enter into or who has a
  26-18  contract with the division to supply goods or services to the
  26-19  division;
  26-20              (9)  if a person described in Subdivisions (1) through
  26-21  (8) of this section is not an individual, an individual who:
  26-22                    (A)  is an officer or director of the person;
  26-23                    (B)  holds more than 10 percent of the stock in
  26-24  the person;
  26-25                    (C)  holds an equitable interest greater than 10
  26-26  percent in the person;
  26-27                    (D)  is a creditor of the person who holds more
  26-28  than 10 percent of the person's outstanding debt;
  26-29                    (E)  is the owner or lessee of a business that
  26-30  the person conducts or through which the person will conduct
  26-31  lottery-related activities;
  26-32                    (F)  shares or will share in the profits, other
  26-33  than stock dividends, of the person;
  26-34                    (G)  participates in managing the affairs of the
  26-35  person; or
  26-36                    (H)  is an employee of the person who is or will
  26-37  be involved in:
  26-38                          (i)  selling tickets; or
  26-39                          (ii)  handling money from the sale of
  26-40  tickets;
  26-41              (10)  the director or a prospective director of the
  26-42  lottery division;
  26-43              (11)  an employee or prospective employee of the
  26-44  lottery division; or
  26-45              (12)  a sales agent whose license is renewed under
  26-46  Section 3.01(h) of that Act.
  26-47        (b)  Criminal history record information obtained by the
  26-48  comptroller under Subsection (a) may not be released or disclosed
  26-49  to any person except on court order or as provided by Subsection
  26-50  (c).
  26-51        (c)  The comptroller is not prohibited from disclosing to the
  26-52  person who is the subject of the criminal history record
  26-53  information the dates and places or arrests, offenses, and
  26-54  dispositions contained in the criminal history record information.
  26-55        Sec. 411.109.  ACCESS TO CRIMINAL HISTORY RECORD
  26-56  INFORMATION:  STATE TREASURER.  (a)  The treasurer is entitled to
  26-57  obtain from the department criminal history record information
  26-58  maintained by the department that relates to a person who is:
  26-59              (1)  an applicant for a permit under Chapter 154 or
  26-60  Chapter 155, Tax Code;
  26-61              (2)  a permit holder under either of those chapters;
  26-62              (3)  an officer, director, stockholder owning 10
  26-63  percent or more of the outstanding stock, partner, owner, or
  26-64  managing employee of an applicant or permit holder under either of
  26-65  those chapters that is a corporation, association, joint venture,
  26-66  syndicate, partnership, or proprietorship;
  26-67              (4)  in possession of cigarettes in unstamped packages
  26-68  in violation of Chapter 154, Tax Code; or
  26-69              (5)  in possession of tobacco products in violation of
  26-70  Chapter 155, Tax Code.
   27-1        (b)  Criminal history record information obtained by the
   27-2  treasurer under Subsection (a) may not be released or disclosed to
   27-3  any person except on court order or as provided by Subsection (c).
   27-4        (c)  The treasurer is not prohibited from disclosing to a
   27-5  person who is the subject of criminal history record information
   27-6  the dates and places of arrests, the offenses, and the dispositions
   27-7  in the criminal history record information.
   27-8        Sec. 411.110.  ACCESS TO CRIMINAL HISTORY RECORD
   27-9  INFORMATION:  TEXAS DEPARTMENT OF HEALTH.  (a)  The Texas
  27-10  Department of Health is entitled to obtain from the department
  27-11  criminal history record information maintained by the department
  27-12  that relates to a person who is:
  27-13              (1)  an applicant for a license or certificate under
  27-14  the Emergency Medical Services Act (Chapter 773, Health and Safety
  27-15  Code);
  27-16              (2)  an owner or manager of an applicant for an
  27-17  emergency medical services provider license under that Act; or
  27-18              (3)  the holder of a license or certificate under that
  27-19  Act.
  27-20        (b)  Criminal history record information obtained by the
  27-21  Texas Department of Health under Subsection (a) may not be released
  27-22  or disclosed to any person except on court order, with the written
  27-23  consent of the person or entity that is the subject of the criminal
  27-24  history record information, or as provided by Subsection (e).
  27-25        (c)  After an entity is licensed or certified, the Texas
  27-26  Department of Health shall destroy the criminal history record
  27-27  information that relates to that entity.
  27-28        (d)  The Texas Board of Health shall destroy criminal history
  27-29  record information that relates to an applicant that is not
  27-30  certified.
  27-31        (e)  The Texas Board of Health is not prohibited from
  27-32  disclosing criminal history record information obtained under
  27-33  Subsection (a) in a criminal proceeding or in a hearing conducted
  27-34  by the Texas Department of Health.
  27-35        Sec. 411.111.  ACCESS TO CRIMINAL HISTORY RECORD
  27-36  INFORMATION:  DISTRICT COURT; NAME CHANGES.  A district court is
  27-37  entitled to obtain from the department criminal history record
  27-38  information maintained by the department that relates to a person
  27-39  who is:
  27-40              (1)  an adult; and
  27-41              (2)  has petitioned the court to order a change of name
  27-42  for the person.
  27-43        Sec. 411.112.  ACCESS TO CRIMINAL HISTORY RECORD
  27-44  INFORMATION:  COMMISSION ON LAW ENFORCEMENT OFFICER STANDARDS AND
  27-45  EDUCATION.  The Commission on Law Enforcement Officer Standards and
  27-46  Education is entitled to obtain from the department criminal
  27-47  history record information maintained by the department that
  27-48  relates to a person who is:
  27-49              (1)  an applicant for a license under Chapter 415; or
  27-50              (2)  the holder of a license under that chapter.
  27-51        Sec. 411.113.  ACCESS TO CRIMINAL HISTORY RECORD
  27-52  INFORMATION:  TEXAS SCHOOL FOR THE DEAF.  (a)  The governing board
  27-53  of the Texas School for the Deaf is entitled to obtain from the
  27-54  department criminal history record information maintained by the
  27-55  department that relates to a person who is an applicant for a
  27-56  position of employment with the school, the duties of which include
  27-57  direct delivery of care to children.
  27-58        (b)  The governing board is entitled only to criminal history
  27-59  record information that relates to:
  27-60              (1)  a felony or misdemeanor classified as an offense
  27-61  against the person or the family;
  27-62              (2)  a felony or misdemeanor classified as public
  27-63  indecency; or
  27-64              (3)  a felony violation of any statute intended to
  27-65  control the possession or distribution of a substance included in
  27-66  Chapter 481, Health and Safety Code, or Section 485.033, Health and
  27-67  Safety Code.
  27-68        (c)  Criminal history record information obtained by the
  27-69  governing board under Subsection (a) may not be released or
  27-70  disclosed to any person except on court order, with the consent of
   28-1  the person who is the subject of the criminal history record
   28-2  information, or as provided by Subsection (d).
   28-3        (d)  The governing board is not prohibited from releasing
   28-4  criminal history record information obtained under Subsection (a)
   28-5  to the superintendent of the school or to the person who is the
   28-6  subject of the criminal history record information.
   28-7        (e)  The governing board shall destroy criminal history
   28-8  record information that relates to a person after the information
   28-9  is used for its authorized purpose.
  28-10        Sec. 411.114.  ACCESS TO CRIMINAL HISTORY RECORD
  28-11  INFORMATION:  TEXAS DEPARTMENT OF HUMAN SERVICES.  (a)(1)  In this
  28-12  subsection the terms "child," "child-care facility," and "family
  28-13  home" have the meanings assigned by Section 42.002, Human Resources
  28-14  Code.
  28-15              (2)  The Texas Department of Human Services is entitled
  28-16  to obtain from the department criminal history record information
  28-17  maintained by the department that relates to a person who is:
  28-18                    (A)  an applicant for a license, registration, or
  28-19  certification under Chapter 42, Human Resources Code;
  28-20                    (B)  an owner or employee of or an applicant for
  28-21  employment by a child-care facility licensed, registered, or
  28-22  certified under that chapter;
  28-23                    (C)  a resident of a registered family home, but
  28-24  not a child in the home's care or a parent of the child;
  28-25                    (D)  an applicant for a position with the Texas
  28-26  Department of Human Services, the duties of which include direct
  28-27  delivery of protective services to children;
  28-28                    (E)  a volunteer or applicant volunteer with a
  28-29  local affiliate in this state of Big Brothers/Big Sisters of
  28-30  America;
  28-31                    (F)  a volunteer or applicant volunteer with the
  28-32  "I Have a Dream/Houston" program;
  28-33                    (G)  an employee of a business entity that
  28-34  provides in-home respite care of children with temporary illnesses;
  28-35                    (H)  an employee of a home health agency; or
  28-36                    (I)  a volunteer or applicant volunteer with an
  28-37  organization that provides court-appointed special advocates for
  28-38  abused or neglected children.
  28-39              (3)  The Texas Department of Human Services is
  28-40  entitled, under this subsection, only to criminal history record
  28-41  information that relates to:
  28-42                    (A)  an offense classified as an offense against
  28-43  the person or the family;
  28-44                    (B)  an offense classified as public indecency;
  28-45  or
  28-46                    (C)  a felony violation of a statute intended to
  28-47  control the possession or distribution of a substance included in
  28-48  Chapter 481, Health and Safety Code.
  28-49              (4)  Criminal history record information obtained by
  28-50  the Texas Department of Human Services under this subsection may
  28-51  not be released to any person except on court order, with the
  28-52  consent of the person who is the subject of the criminal history
  28-53  record information, or as provided by Subdivision (5).
  28-54              (5)  The Texas Department of Human Services is not
  28-55  prohibited from releasing criminal history record information
  28-56  obtained under this subsection to the person who is the subject of
  28-57  the criminal history record information or to a child-care facility
  28-58  that employs or is considering employing the person who is the
  28-59  subject of the criminal history record information.
  28-60        (b)(1)  In this subsection, "facility" has the meaning
  28-61  assigned by Section 106.001, Human Resources Code.
  28-62              (2)  The Texas Department of Human Services, on behalf
  28-63  of the Texas Department of Health, is entitled to obtain from the
  28-64  department criminal history record information maintained by the
  28-65  department that relates to a person who is:
  28-66                    (A)  an applicant for employment at a facility;
  28-67  or
  28-68                    (B)  an employee of a facility.
  28-69              (3)  The Texas Department of Human Services is entitled
  28-70  to obtain, under this subsection, only criminal history record
   29-1  information that relates to:
   29-2                    (A)  an offense classified as an offense against
   29-3  the person or the family;
   29-4                    (B)  an offense classified as public indecency;
   29-5                    (C)  a felony violation of a statute intended to
   29-6  control the possession or distribution of a substance included in
   29-7  Chapter 481, Health and Safety Code, or Section 485.033, Health and
   29-8  Safety Code;
   29-9                    (D)  a felony offense under Section 31.03, Penal
  29-10  Code; or
  29-11                    (E)  an offense under Section  29.02, 29.03, or
  29-12  30.02, Penal Code.
  29-13              (4)  Criminal history record information obtained by
  29-14  the Texas Department of Human Services under this subsection may
  29-15  not be released to any person except on court order, with the
  29-16  written consent of the person who is the subject of the criminal
  29-17  history record information, or as provided by Subdivision (5).
  29-18              (5)  The Texas Department of Human Services is not
  29-19  prohibited from disclosing criminal history record information
  29-20  obtained under this subsection to the Texas Department of Health or
  29-21  to the facility for which the Texas Department of Human Services
  29-22  requested the information.
  29-23        Sec. 411.115.  ACCESS TO CRIMINAL HISTORY RECORD
  29-24  INFORMATION:  TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL
  29-25  RETARDATION; COMMUNITY CENTERS.  (a)  In this section, "community
  29-26  center" has the meaning assigned by Section 531.002, Health and
  29-27  Safety Code.
  29-28        (b)  The Texas Department of Mental Health and Mental
  29-29  Retardation or a community center is entitled to obtain from the
  29-30  department criminal history record information maintained by the
  29-31  department that relates to a person:
  29-32              (1)  who is:
  29-33                    (A)  an applicant for employment with the Texas
  29-34  Department of Mental Health and Mental Retardation;
  29-35                    (B)  an employee of the Texas Department of
  29-36  Mental Health and Mental Retardation;
  29-37                    (C)  an applicant for employment with a community
  29-38  center;
  29-39                    (D)  an employee of a community center;
  29-40                    (E)  an applicant for employment with or an
  29-41  employee of a business or person that contracts with the Texas
  29-42  Department of Mental Health and Mental Retardation or a community
  29-43  center to provide residential services to patients with mental
  29-44  illness or clients with mental retardation who were furloughed or
  29-45  discharged from a Texas Department of Mental Health and Mental
  29-46  Retardation facility or community center;
  29-47                    (F)  a volunteer with the Texas Department of
  29-48  Mental Health and Mental Retardation;
  29-49                    (G)  a volunteer with a community center; or
  29-50                    (H)  a volunteer applicant; and
  29-51              (2)  who would be placed in direct contact with
  29-52  patients with mental illness or clients with mental retardation.
  29-53        (c)  The Texas Department of Mental Health and Mental
  29-54  Retardation or a community center is entitled to obtain only
  29-55  criminal history record information that relates to:
  29-56              (1)  a sexual offense;
  29-57              (2)  a drug-related offense;
  29-58              (3)  a theft offense;
  29-59              (4)  criminal homicide;
  29-60              (5)  assault or battery; or
  29-61              (6)  an offense involving personal injury or threat.
  29-62        (d)  Criminal history record information obtained by the
  29-63  mental health department or a community center under Subsection (b)
  29-64  may not be released or disclosed to a person, other than the
  29-65  contractor that employs the person who is the subject of the
  29-66  criminal history record information, except on court order or with
  29-67  the consent of the person who is the subject of the criminal
  29-68  history record information.
  29-69        (e)  The Texas Department of Mental Health and Mental
  29-70  Retardation shall collect and destroy conviction information that
   30-1  relates to a person immediately after the department or a
   30-2  contractor makes an employment decision or takes any personnel
   30-3  action relating to the person who is the subject of the criminal
   30-4  history record information.
   30-5        Sec. 411.116.  ACCESS TO CRIMINAL HISTORY RECORD
   30-6  INFORMATION:  ORGANIZATION PROVIDING CERTAIN NURSE AIDES.  (a)  In
   30-7  this section:
   30-8              (1)  "Facility" has the meaning assigned by Section
   30-9  106.001, Human Resources Code.
  30-10              (2)  "Nurse aide" has the meaning assigned by Chapter
  30-11  106, Human Resources Code.
  30-12              (3)  "Organization that provides temporary nurse aides"
  30-13  includes a temporary employment service, nursing pool, private duty
  30-14  nurse service, or sitter service.
  30-15        (b)  An organization that provides temporary nurse aides to a
  30-16  facility is entitled to obtain from the department criminal history
  30-17  record information maintained by the department that relates to a
  30-18  person who is:
  30-19              (1)  a nurse aide; and
  30-20              (2)  a candidate for referral by the organization to a
  30-21  facility.
  30-22        Sec. 411.117.  ACCESS TO CRIMINAL HISTORY RECORD
  30-23  INFORMATION:  TEXAS REHABILITATION COMMISSION.  The Texas
  30-24  Rehabilitation Commission is entitled to obtain from the department
  30-25  criminal history record information maintained by the department
  30-26  that relates to a person who is:
  30-27              (1)  an applicant for rehabilitation services of the
  30-28  Texas Rehabilitation Commission; or
  30-29              (2)  a client of the Texas Rehabilitation Commission.
  30-30        Sec. 411.118.  ACCESS TO CRIMINAL HISTORY RECORD
  30-31  INFORMATION:  EMPLOYER AT SUBSIDIZED HOUSING RESIDENCE.  (a)  In
  30-32  this section, "employer," "employee," "occupant," and "subsidized
  30-33  housing residence" have the meanings assigned by Section 135.001,
  30-34  Human Resources Code.
  30-35        (b)  An employer is entitled to obtain from the department
  30-36  criminal history record information maintained by the department
  30-37  that pertains to a person who:
  30-38              (1)  is an applicant for a position of employment in a
  30-39  subsidized housing residence to whom an offer of employment is
  30-40  made; and
  30-41              (2)  may be reasonably required to have access to the
  30-42  residence of an occupant who is elderly or disabled.
  30-43        (c)  An employer is entitled to obtain only criminal history
  30-44  record information that relates to:
  30-45              (1)  an offense classified as:
  30-46                    (A)  an offense against the person or the family;
  30-47                    (B)  an offense against property; or
  30-48                    (C)  public indecency; or
  30-49              (2)  a felony violation of a statute intended to
  30-50  control the possession or distribution of a substance regulated
  30-51  under Chapter 481, Health and Safety Code, or Section 485.033,
  30-52  Health and Safety Code.
  30-53        (d)  Criminal history record information obtained under
  30-54  Subsection (b) may not be released or disclosed to any person
  30-55  except on court order or with the written consent of the person who
  30-56  is the subject of the criminal history record information.
  30-57        Sec. 411.119.  ACCESS TO CRIMINAL HISTORY RECORD
  30-58  INFORMATION:  TEXAS BOARD OF PRIVATE INVESTIGATORS AND PRIVATE
  30-59  SECURITY AGENCIES.  The Texas Board of Private Investigators and
  30-60  Private Security Agencies is entitled to obtain from the department
  30-61  criminal history record information maintained by the department
  30-62  that relates to a person who is:
  30-63              (1)  an applicant for a license, registration, or
  30-64  security officer commission under the Private Investigators and
  30-65  Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
  30-66  Civil Statutes); or
  30-67              (2)  an applicant for a position regulated under that
  30-68  Act.
  30-69        Sec. 411.120.  ACCESS TO CRIMINAL HISTORY RECORD
  30-70  INFORMATION:  COUNTY JUDGE; CERTAIN APPLICANTS.  (a)  The county
   31-1  judge of a county is entitled to obtain from the department
   31-2  criminal history record information maintained by the department
   31-3  that relates to a person who is:
   31-4              (1)  an applicant for a wine and beer retailer's permit
   31-5  under Chapter 25, Alcoholic Beverage Code; or
   31-6              (2)  an applicant for a retail dealer's on-premise
   31-7  license under Chapter 69 of that code.
   31-8        (b)  Criminal history record information obtained by a county
   31-9  judge under Subsection (a) may not be released or disclosed to any
  31-10  person except in a hearing held under Chapter 25 or 69, Alcoholic
  31-11  Beverage Code.
  31-12        Sec. 411.121.  ACCESS TO CRIMINAL HISTORY RECORD
  31-13  INFORMATION:  ADJUTANT GENERAL.  (a)  In this section:
  31-14              (1)  "Adjutant general" has the meaning assigned by
  31-15  Section 431.022.
  31-16              (2)  "State military forces" has the meaning assigned
  31-17  by Section 431.001.
  31-18        (b)  The adjutant general is entitled to obtain from the
  31-19  department criminal history record information maintained by the
  31-20  department that relates to a person who is:
  31-21              (1)  a member of the state military forces;
  31-22              (2)  an employee of the adjutant general's department;
  31-23              (3)  an applicant for enlistment in the state military
  31-24  forces; or
  31-25              (4)  an applicant for employment with the adjutant
  31-26  general's department.
  31-27        (c)  The adjutant general is entitled to criminal history
  31-28  record information under Subsection (b)(3) or (b)(4) only if the
  31-29  adjutant general submits to the department a signed statement from
  31-30  the applicant that authorizes the adjutant general to obtain the
  31-31  information.
  31-32        (d)  Criminal history record information obtained by the
  31-33  adjutant general under Subsection (b) may not be released to any
  31-34  person or agency except on court order or with the consent of the
  31-35  person who is the subject of the criminal history record
  31-36  information.
  31-37        (e)  The adjutant general shall destroy criminal history
  31-38  record information obtained under Subsection (b) after the purpose
  31-39  for which the information was obtained is accomplished.
  31-40        Sec. 411.122.  ACCESS TO CRIMINAL HISTORY RECORD
  31-41  INFORMATION:  LICENSING OR REGULATORY AGENCY.  (a)  Except as
  31-42  provided by Subsection (c)(2), an agency of this state or a
  31-43  political subdivision of this state  covered by Article 6252-13c,
  31-44  Revised Statutes, that licenses or regulates members of a
  31-45  particular trade, occupation, business, vocation, or profession is
  31-46  entitled to obtain from the department criminal history record
  31-47  information maintained by the department that relates to a person
  31-48  who is:
  31-49              (1)  an applicant for a license from the agency; or
  31-50              (2)  the holder of a license from the agency.
  31-51        (b)  Under this section, an agency is entitled to obtain only
  31-52  criminal history record information that relates to the conviction
  31-53  of the person.
  31-54        (c)  This section does not apply to an agency that is:
  31-55              (1)  specifically authorized by this subchapter to
  31-56  obtain criminal history record information from the department; or
  31-57              (2)  covered by Section 2, Article 6252-13c, Revised
  31-58  Statutes.
  31-59        Sec. 411.123.  ACCESS TO CRIMINAL HISTORY RECORD
  31-60  INFORMATION:  MUNICIPAL FIRE DEPARTMENT.  (a)  A fire department
  31-61  that is operated by a municipality in this state is entitled to
  31-62  obtain from the department criminal history record information
  31-63  maintained by the department that relates to a person who is:
  31-64              (1)  an applicant for a beginning position with the
  31-65  fire department; and
  31-66              (2)  required to be certified by the Texas Commission
  31-67  on Fire Protection.
  31-68        (b)  A fire department is entitled to obtain only criminal
  31-69  history record information that relates to the conviction of the
  31-70  person.
   32-1        Sec. 411.124.  ACCESS TO CRIMINAL HISTORY RECORD
   32-2  INFORMATION:  POLITICAL SUBDIVISIONS; PUBLIC TRANSPORTATION
   32-3  DRIVERS.  (a)  A political subdivision of this state that employs,
   32-4  licenses, or regulates drivers of public transportation vehicles is
   32-5  entitled to obtain from the department criminal history record
   32-6  information maintained by the department that relates to a person
   32-7  who is:
   32-8              (1)  the driver of a public transportation vehicle; and
   32-9              (2)  employed, licensed, or regulated by the political
  32-10  subdivision.
  32-11        (b)  A municipality is entitled to obtain only criminal
  32-12  history record information that relates to a conviction of the
  32-13  person.
  32-14        Sec. 411.125.  ACCESS TO CRIMINAL HISTORY RECORD
  32-15  INFORMATION:  BOARD OF NURSE EXAMINERS.  (a)  The Board of Nurse
  32-16  Examiners is entitled to obtain from the department criminal
  32-17  history record information maintained by the department that
  32-18  relates to a person who:
  32-19              (1)  is an applicant for a license from the board;
  32-20              (2)  has requested a determination of eligibility for a
  32-21  license from the board; or
  32-22              (3)  is subject to investigation by the board in
  32-23  connection with a complaint or formal charge against the person.
  32-24        (b)  The board is entitled to obtain only criminal history
  32-25  record information that relates to a conviction of the person for
  32-26  an offense that:
  32-27              (1)  is classified as a felony;
  32-28              (2)  is classified as a misdemeanor involving moral
  32-29  turpitude;
  32-30              (3)  is an offense involving the abuse of a drug,
  32-31  including alcohol; or
  32-32              (4)  resulted in the revocation of probation imposed
  32-33  following a conviction of an offense specified in Subdivision (1),
  32-34  (2), or (3).
  32-35        Sec. 411.126.  ACCESS TO CRIMINAL HISTORY RECORD
  32-36  INFORMATION:  VOLUNTEER CENTERS.  (a)  In this section:
  32-37              (1)  "Volunteer center" means a nonprofit, tax-exempt
  32-38  organization:
  32-39                    (A)  whose primary purpose is to recruit and
  32-40  refer individual volunteers for other nonprofit groups in that
  32-41  area; and
  32-42                    (B)  that is certified as a bona fide volunteer
  32-43  center by the department.
  32-44              (2)  "Volunteer" or "volunteer applicant" means a
  32-45  person who will perform one or more of the following services
  32-46  without remuneration:
  32-47                    (A)  any service performed in a residence;
  32-48                    (B)  any service that requires access to or the
  32-49  handling of money or confidential or privileged information; or
  32-50                    (C)  any service that involves the care of or
  32-51  access to:
  32-52                          (i)  a child;
  32-53                          (ii)  an elderly person; or
  32-54                          (iii)  a person who is mentally
  32-55  incompetent, mentally retarded, physically disabled, ill, or
  32-56  incapacitated.
  32-57        (b)  A volunteer center is entitled to obtain from the
  32-58  department criminal history record information maintained by the
  32-59  department that relates to a person who is:
  32-60              (1)  an employee of the volunteer center; or
  32-61              (2)  a volunteer or volunteer applicant.
  32-62        (c)  A volunteer center is entitled to obtain from the
  32-63  department only criminal history record information that relates to
  32-64  a conviction.
  32-65        (d)  The department may establish rules governing the
  32-66  approval of volunteer centers under this section.
  32-67        SECTION 31.  Subsection (j-3), Section 10, Article 42.12,
  32-68  Code of Criminal Procedure, as added by Chapter 1135, Acts of the
  32-69  71st Legislature, Regular Session, 1989, is amended to read as
  32-70  follows:
   33-1        (j-3)  The judges of the county courts at law in Hidalgo
   33-2  County shall participate in the management of the probation
   33-3  department serving the county, and for that purpose have the same
   33-4  duties and powers imposed by this section as do the district judges
   33-5  trying criminal cases in the county.  <The probation department may
   33-6  obtain criminal history record information (CHRI) relating to an
   33-7  applicant for employment with the department that is maintained by
   33-8  the Department of Public Safety, the Federal Bureau of
   33-9  Investigation identification division, or any other law enforcement
  33-10  agency.  The information obtained under this subsection is for the
  33-11  exclusive use of the department and is privileged and confidential.
  33-12  The information may not be released or otherwise disclosed except
  33-13  on court order or consent of the applicant.>
  33-14        SECTION 32.  Chapter 76, Human Resources Code, is amended by
  33-15  adding Section 76.010 to read as follows:
  33-16        Sec. 76.010.  ACCESS TO CRIMINAL HISTORY RECORD
  33-17  INFORMATION:  APPLICANTS FOR EMPLOYMENT.  (a)  The attorney general
  33-18  is entitled to obtain from the Department of Public Safety criminal
  33-19  history record information maintained by the department that
  33-20  relates to a person who is an applicant for a position of
  33-21  employment with the attorney general that involves the performance
  33-22  of duties under this chapter.  The attorney general may not request
  33-23  the information unless a supervisory employee of the attorney
  33-24  general's office has recommended that the applicant be hired.
  33-25        (b)  Criminal history record information obtained by the
  33-26  attorney general under Subsection (a) may not be released or
  33-27  disclosed to any person except on court order or with the consent
  33-28  of the person who is the subject of the criminal history record
  33-29  information.
  33-30        (c)  The attorney general shall destroy criminal history
  33-31  record information that relates to a person after the information
  33-32  is used for its authorized purpose.
  33-33        SECTION 33.  The Department of Public Safety's responsibility
  33-34  for review under Article 13, State Purchasing and General Services
  33-35  Act (Article 601b, Vernon's Texas Civil Statutes), is limited to
  33-36  one definable activity during the first two years the provision
  33-37  applies to the department.
  33-38        SECTION 34.  The Department of Public Safety shall forward
  33-39  the results of the study required in Section 411.0076, Government
  33-40  Code, as added by this Act, to the Commission on Human Rights for
  33-41  review and comment.
  33-42        SECTION 35.  The following laws are repealed:
  33-43              (1)  Section 13.0322, Education Code (Central Education
  33-44  Agency);
  33-45              (2)  Subsection (b), Section 5.36, Alcoholic Beverage
  33-46  Code (Texas Alcoholic Beverage Commission);
  33-47              (3)  Section 13e, Bingo Enabling Act (Article 179d,
  33-48  Vernon's Texas Civil Statutes) (Texas Alcoholic Beverage
  33-49  Commission);
  33-50              (4)  Subsections (a), (c), (d), and (e), Section 9,
  33-51  Article 350, Revised Statutes (banking commissioner);
  33-52              (5)  Section 12, Texas Boxing and Wrestling Act
  33-53  (Article 8501-l, Vernon's Texas Civil Statutes) (commissioner of
  33-54  licensing and regulation);
  33-55              (6)  Subsections (b) and (d), Section 51.215, Education
  33-56  Code (institutions of higher education);
  33-57              (7)  Section 17A, Texas Pawnshop Act (Article
  33-58  5069-51.17A, Vernon's Texas Civil Statutes) (consumer credit
  33-59  commissioner);
  33-60              (8)  Subsections (b) and (c), Section 5.04, Texas
  33-61  Racing Act (Article 179e, Vernon's Texas Civil Statutes) (Texas
  33-62  Racing Commission);
  33-63              (9)  Subsections (b), (c), and (f), Section 21.917,
  33-64  Education Code (school districts);
  33-65              (10)  Subsections (a), (d), (e), (f), (g), and (h),
  33-66  Section 11.064, Education Code (Texas School for the Blind and
  33-67  Visually Impaired);
  33-68              (11)  Section 82.029, Government Code (Board of Law
  33-69  Examiners);
  33-70              (12)  Subsection (d), Section 6, Texas Structural Pest
   34-1  Control Act (Article 135b-6, Vernon's Texas Civil Statutes) (Texas
   34-2  Structural Pest Control Board);
   34-3              (13)  Section 80.002, Human Resources Code (McGruff
   34-4  House programs);
   34-5              (14)  Section 80.004, Human Resources Code (child watch
   34-6  programs);
   34-7              (15)  Subsections (b), (c), (e), (g), (h), and (i),
   34-8  Section 11-E, Texas Unemployment Compensation Act (Article
   34-9  5221b-9e, Vernon's Texas Civil Statutes) (Texas Employment
  34-10  Commission);
  34-11              (16)  Subsection (a), Section 21B, Public Accountancy
  34-12  Act of 1991 (Article 41a-1, Vernon's Texas Civil Statutes) (Texas
  34-13  State Board of Public Accountancy);
  34-14              (17)  Sections (a), (b), (c), (d), (f), (g), and (h),
  34-15  Article 1.10C, Insurance Code (Texas Department of Insurance);
  34-16              (18)  Subsection (i), Section 4, Article 21.28,
  34-17  Insurance Code (receiver);
  34-18              (19)  Subsections (f), (h), (i), (o), and (p), Section
  34-19  3.06, State Lottery Act (Article 179g, Vernon's Texas Civil
  34-20  Statutes) (comptroller of public accounts);
  34-21              (20)  Subsections (a), (c), (d), (e), and (f), Section
  34-22  154.5095, Tax Code (treasurer);
  34-23              (21)  Subsections (a), (c), (d), (e), and (f), Section
  34-24  155.2075, Tax Code (treasurer);
  34-25              (22)  Subsections (a), (b), (c), (d), (f), (g), (h),
  34-26  and (i), Section 773.070, Health and Safety Code (Texas Department
  34-27  of Health);
  34-28              (23)  Subsection (c), Section 32.21, Family Code (state
  34-29  district courts);
  34-30              (24)  Subsections (a), (c), (d), (e), (f), (g), and
  34-31  (h), Section 11.033, Education Code (Texas School for the Deaf);
  34-32              (25)  Subsections (a), (c), (d), (e), (f), (g), (h),
  34-33  and (i), Section 22.006, Sections 106.003, 106.009, and 106.010,
  34-34  and Subsection (b), Section 106.012, Human Resources Code (Texas
  34-35  Department of Human Services);
  34-36              (26)  Subsections (a), (b), (c), (e), (f), (g), and
  34-37  (h), Section 533.007, Health and Safety Code (Texas Department of
  34-38  Mental Health and Mental Retardation, community centers);
  34-39              (27)  Section 111.058, Human Resources Code (Texas
  34-40  Rehabilitation Commission);
  34-41              (28)  Sections 135.003, 135.004, and 135.005, Human
  34-42  Resources Code (subsidized housing residences);
  34-43              (29)  Section 431.037, Government Code (adjutant
  34-44  general);
  34-45              (30)  Section 3, Article 6252-13c, Revised Statutes
  34-46  (licensing and regulatory agencies); and
  34-47              (31)  Subsection (j), Article 4525, Revised Statutes
  34-48  (Board of Nurse Examiners).
  34-49        SECTION 36.  (a)  This Act takes effect September 1, 1993.
  34-50        (b)  The changes in law made by this Act to the
  34-51  qualifications of members of the Public Safety Commission apply
  34-52  only to persons appointed to the commission on or after September
  34-53  1, 1993.
  34-54        (c)  The changes in law made by this Act relating to the
  34-55  reinstatement of a driver's license apply only to a driver's
  34-56  license that is reinstated on or after September 1, 1993.
  34-57        SECTION 37.  The importance of this legislation and the
  34-58  crowded condition of the calendars in both houses create an
  34-59  emergency and an imperative public necessity that the
  34-60  constitutional rule requiring bills to be read on three several
  34-61  days in each house be suspended, and this rule is hereby suspended.
  34-62                               * * * * *
  34-63                                                         Austin,
  34-64  Texas
  34-65                                                         April 1, 1993
  34-66  Hon. Bob Bullock
  34-67  President of the Senate
  34-68  Sir:
  34-69  We, your Committee on State Affairs to which was referred S.B. No.
  34-70  510, have had the same under consideration, and I am instructed to
   35-1  report it back to the Senate with the recommendation that it do not
   35-2  pass, but that the Committee Substitute adopted in lieu thereof do
   35-3  pass and be printed.
   35-4                                                         Harris of
   35-5  Dallas, Chairman
   35-6                               * * * * *
   35-7                               WITNESSES
   35-8                                                  FOR   AGAINST  ON
   35-9  ___________________________________________________________________
  35-10  Name:  James Wilson                                            x
  35-11  Representing:  Tx Dept of Public Safety
  35-12  City:  Austin
  35-13  -------------------------------------------------------------------