Amend CSHB 2145 as follows:
(1) On page 3, line 5, strike "62.03(d)" and substitute
"62.03(a), (d)".
(2) On page 3, between lines 6 and 7, insert the following:
(a) Before a person who will be subject to registration
under this chapter is due to be released from a penal institution,
an official of the penal institution shall:
(1) inform the person that:
(A) not later than the seventh day after the
date on which the person is released or the date on which the
person moves from a previous residence to a new residence in this
state, the person must:
(i) register or verify registration with
the local law enforcement authority in the municipality or county
in which the person intends to reside; or
(ii) if the person has not moved to an
intended residence, report to the juvenile probation officer,
community supervision and corrections department officer, or parole
officer supervising the person;
(B) not later than the seventh day before the
date on which the person moves to a new residence in this state or
another state, the person must report in person to the local law
enforcement authority with whom the person last registered and to
the juvenile probation officer, community supervision and
corrections department officer, or parole officer supervising the
person; <and>
(C) not later than the 10th day after the date
on which the person arrives in another state in which the person
intends to reside, the person must register with the law
enforcement agency that is identified by the department as the
agency designated by that state to receive registration
information, if the other state has a registration requirement for
sex offenders; and
(D) not later than the 30th day after the date
on which the person is released, the person must apply to the
department in person for the issuance of an original or renewal
driver's license or personal identification certificate and a
failure to apply to the department as required by this paragraph
results in the automatic revocation of any driver's license or
personal identification certificate issued by the department to the
person;
(2) require the person to sign a written statement
that the person was informed of the person's duties as described by
Subdivision (1) or, if the person refuses to sign the statement,
certify that the person was so informed;
(3) obtain the address where the person expects to
reside on the person's release and other registration information,
including a photograph and complete set of fingerprints; and
(4) complete the registration form for the person.
(3) Add appropriately numbered SECTIONS to the bill to read
as follows and renumber the existing SECTIONS of the bill
accordingly:
SECTION ____. Chapter 42, Code of Criminal Procedure, is
amended by adding Article 42.016 to read as follows:
Art. 42.016. SPECIAL DRIVER'S LICENSE OR IDENTIFICATION
REQUIREMENTS FOR CERTAIN SEX OFFENDERS. If a person is convicted
of, receives a grant of deferred adjudication for, or is
adjudicated as having engaged in delinquent conduct based on a
violation of an offense for which a conviction or adjudication
requires registration as a sex offender under Chapter 62, as added
by Chapter 668, Acts of the 75th Legislature, Regular Session,
1997, the court shall:
(1) issue an order requiring the Texas Department of
Public Safety to include in any driver's license record or personal
identification certificate record maintained by the department for
the person an indication that the person is subject to the
registration requirements of Chapter 62, as added by Chapter 668,
Acts of the 75th Legislature, Regular Session, 1997;
(2) require the person to apply to the Texas
Department of Public Safety in person for an original or renewal
driver's license or personal identification certificate not later
than the 30th day after the date the person is released or the date
the department sends written notice to the person of the
requirements of Article 62.065, as applicable, and to annually
renew the license or certificate;
(3) notify the person of the consequence of the
conviction or order of deferred adjudication as it relates to the
order issued under this article; and
(4) send to the Texas Department of Public Safety a
copy of the record of conviction, a copy of the order granting
deferred adjudication, or a copy of the juvenile adjudication, as
applicable, and a copy of the order issued under this article.
SECTION ____. Chapter 62, Code of Criminal Procedure, as
added by Chapter 668, Acts of the 75th Legislature, Regular
Session, 1997, is amended by adding Articles 62.065 and 62.085 to
read as follows:
Art. 62.065. REQUIREMENTS RELATING TO DRIVER'S LICENSE OR
PERSONAL IDENTIFICATION CERTIFICATE. (a) A person subject to
registration under this chapter shall apply to the department in
person for the issuance of an original or renewal driver's license
under Section 521.272, Transportation Code, or for a personal
identification certificate under Section 521.103, Transportation
Code, not later than the 30th day after the date:
(1) the person is released from a penal institution or
is released by a court on juvenile probation or community
supervision; or
(2) the department sends written notice to the person
of the requirements of this article.
(b) The person shall annually renew in person each driver's
license or personal identification certificate issued by the
department to the person, including each renewal, duplicate, or
corrected license or certificate, until the person's duty to
register under this chapter expires.
(c) The department shall determine from its records which
persons required to register under this chapter are under the
supervision and control of a juvenile probation office or an agency
or entity operating under contract with a juvenile probation
office, a community supervision and corrections department, or the
pardons and paroles division of the Texas Department of Criminal
Justice and shall provide written notice of the requirements of
this article to each of those persons by not later than October 30,
2000. This subsection expires January 1, 2001.
Art. 62.085. INFORMATION PROVIDED TO PEACE OFFICER. The
department shall establish a procedure by which a peace officer or
employee of a law enforcement agency who provides the department
with a driver's license, personal identification certificate, or
license plate number is automatically provided information as to
whether the person to whom the driver's license or personal
identification certificate is issued is required to register under
this chapter or whether the license plate number is entered in the
computerized central database under Article 62.08 as assigned to a
vehicle owned or driven by a person required to register under this
chapter.
SECTION ____. Subchapter C, Chapter 521, Transportation
Code, is amended by adding Section 521.057 to read as follows:
Sec. 521.057. INFORMATION REGARDING CERTAIN SEX OFFENDERS.
(a) On receipt of a court order issued under Article 42.016, Code
of Criminal Procedure, the department shall ensure that any
driver's license record or personal identification certificate
record maintained by the department for the person includes an
indication that the person is subject to the registration
requirements of Chapter 62, Code of Criminal Procedure, as added by
Chapter 668, Acts of the 75th Legislature, Regular Session, 1997.
(b) The department shall include the indication required by
Subsection (a) in any driver's license record or personal
identification certificate record maintained by the department for
the person until the expiration of the person's duty to register
under Chapter 62, Code of Criminal Procedure, as added by Chapter
668, Acts of the 75th Legislature, Regular Session, 1997.
SECTION ____. Section 521.101, Transportation Code, is
amended by adding Subsections (h) and (i) to read as follows:
(h) The department shall automatically revoke each personal
identification certificate issued by the department to a person
who:
(1) is subject to the registration requirements of
Chapter 62, Code of Criminal Procedure, as added by Chapter 668,
Acts of the 75th Legislature, Regular Session, 1997; and
(2) fails to apply to the department for renewal of
the personal identification certificate as required by Article
62.065, Code of Criminal Procedure.
(i) The department may issue a personal identification
certificate to a person whose certificate is revoked under
Subsection (h) only if the person applies for an original or
renewal certificate under Section 521.103.
SECTION ____. Subchapter E, Chapter 521, Transportation
Code, is amended by adding Section 521.103 to read as follows:
Sec. 521.103. EXPIRATION AND RENEWAL REQUIREMENTS FOR
CERTAIN SEX OFFENDERS. (a) The department may issue an original
or renewal personal identification certificate to a person whose
driver's license or personal identification certificate record
indicates that the person is subject to the registration
requirements of Chapter 62, Code of Criminal Procedure, as added by
Chapter 668, Acts of the 75th Legislature, Regular Session, 1997,
only if the person:
(1) applies in person for the issuance of a
certificate under this section; and
(2) pays a fee of $5.
(b) A personal identification certificate issued under this
section, including a renewal, duplicate, or corrected certificate,
expires on the first birthday of the certificate holder occurring
after the date of application, except that the initial certificate
issued under this section expires on the second birthday of the
certificate holder occurring after the date of application.
SECTION ____. Subchapter M, Chapter 521, Transportation
Code, is amended by adding Section 521.272 to read as follows:
Sec. 521.272. RENEWAL OF LICENSE ISSUED TO CERTAIN SEX
OFFENDERS. (a) The department may issue an original or renewal
driver's license to a person whose driver's license or personal
identification certificate record indicates that the person is
subject to the registration requirements of Chapter 62, Code of
Criminal Procedure, as added by Chapter 668, Acts of the 75th
Legislature, Regular Session, 1997, only if the person:
(1) applies in person for the issuance of a license
under this section; and
(2) pays a fee of $5.
(b) Notwithstanding Section 521.143, a person is not
required to provide proof of financial responsibility to receive
the person's initial driver's license under this section.
(c) Notwithstanding Section 521.271, a driver's license
issued under this section, including a renewal, duplicate, or
corrected license, expires on the first birthday of the license
holder occurring after the date of application, except that the
initial license issued under this section expires on the second
birthday of the license holder occurring after the date of
application.
SECTION ____. Section 521.274(b), Transportation Code, is
amended to read as follows:
(b) A rule adopted under this subsection may not permit
renewal by mail of:
(1) a provisional license;
(2) an occupational license; or
(3) a driver's license if the license holder's:
(A) driving record as maintained by the
department shows that the holder, within the four years preceding
the date of the renewal application, has been convicted of:
(i) <(A)> a moving violation, as defined
by department rule, in this state; or
(ii) <(B)> an offense described by
Subchapter O; or
(B) driver's license record or personal
identification certificate record indicates that the holder is
subject to the registration requirements of Chapter 62, Code of
Criminal Procedure, as added by Chapter 668, Acts of the 75th
Legislature, Regular Session, 1997.
SECTION ____. Subchapter O, Chapter 521, Transportation
Code, is amended by adding Section 521.348 to read as follows:
Sec. 521.348. AUTOMATIC REVOCATION FOR CERTAIN SEX
OFFENDERS. (a) A driver's license is automatically revoked if the
holder of the license:
(1) is subject to the registration requirements of
Chapter 62, Code of Criminal Procedure, as added by Chapter 668,
Acts of the 75th Legislature, Regular Session, 1997; and
(2) fails to apply to the department for renewal of
the license as required by Article 62.065, Code of Criminal
Procedure.
(b) The department may issue a driver's license to a person
whose license is revoked under this section only if the person:
(1) applies for an original or renewal license under
Section 521.272; and
(2) is otherwise qualified for the license.
SECTION ____. (a) Sections ______-______ of this Act,
adding Articles 42.016, 62.065, and 62.085, Code of Criminal
Procedure, and Sections 521.057, 521.101(h) and (i), 521.103,
521.272, and 521.348, Government Code, and amending Section
521.274(b), Transportation Code, and that part of SECTION 2
amending Section 62.03(a), Code of Criminal Procedure, take effect
September 1, 2000.
(b) The change in law made by this Act relating to requiring
the Texas Department of Public Safety to include in the driver's
license record or personal identification certificate record of
certain persons an indication that the person is subject to the sex
offender registration requirements of Chapter 62, Code of Criminal
Procedure, as added by Chapter 668, Acts of the 75th Legislature,
Regular Session, 1997, applies only to a person who, with respect
to an offense listed in Article 62.01(5), Code of Criminal
Procedure, on or after September 1, 2000:
(1) is confined in a penal institution, as that term
is defined by Article 62.01(3), Code of Criminal Procedure; or
(2) is under the supervision and control of a juvenile
probation office or an agency or entity operating under contract
with a juvenile probation office, the Texas Youth Commission, a
community supervision and corrections department, or the pardons
and paroles division of the Texas Department of Criminal Justice.
(c) A person who, on September 1, 2000, is not described by
Subsection (b)(1) or (2) of this section is covered by the law in
effect before September 1, 2000, and the former law is continued in
effect for that purpose.
(4) On page 12, line 10, strike "This Act" and substitute
"Except as provided by Section _____ of this Act, this Act".