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 -------------------------------------------------------------------