SRC-SLL, DPW S.B. 370 76(R)BILL ANALYSIS Senate Research CenterS.B. 370 By: Brown Criminal Justice 8/16/1999 Enrolled DIGEST Currently, the Department of Public Safety (DPS) is subject to the Sunset Act and will be abolished on September 1, 1999 unless continued by the legislature. In 1998, DPS had a budget of approximately $310 million and employed 7,000 people. This bill amends Section 411.02(c), Government Code, to continue DPS for 10 years, until September 1, 2009. PURPOSE As enrolled, S.B. 370 authorizes the continuation and functions of the Texas Department of Public Safety of the State of Texas. RULEMAKING AUTHORITY Rulemaking authority is granted to the Public Safety Commission in SECTIONS 7 and 42 (Section 411.0131(a), Government Code and Section 382.374(c), Health and Safety Code) and the Department of Public Safety in SECTIONS 19, 28, 29, 30, 35, 42, and 44 (Sections 521.103, 521.274, 548.051(a)(15) and (16), 548.306(m) and (n), and 548.503(a), Transportation Code, and Section 382.0374(c), Health and Safety Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 411.002(b) and (c), Government Code, to require the Department of Public Safety of the State of Texas (DPS) to have its principal office and headquarters in Austin. Provides that DPS is abolished and Subsections (a) and (b) expire September 1, 2009, rather than 1999, unless continued in existence by Chapter 325 (Texas Sunset Act). SECTION 2. Amends Section 411.0036(c), Government Code, to set forth procedures for notifying the governor and the attorney general of a potential ground for removal of a member of the Public Safety Commission (PSC). SECTION 3. Amends Chapter 411A, Government Code, by amending Section 411.004 and adding Sections 411.0031 and 441.0041, as follows: Sec. 411.0031. TRAINING FOR COMMISSION MEMBERS. Adds standard language developed by the Sunset Advisory Commission regarding the training for commission members. Sec. 411.004. DUTIES AND POWERS OF COMMISSION. Deletes text regarding the required provision of information regarding qualifications for office. Sec. 441.0041. OPEN MEETINGS EXCEPTION: CRIMINAL INVESTIGATIONS. Provides that a discussion or deliberation of PSC regarding an ongoing criminal investigation is not subject to the open meetings law, Chapter 551. SECTION 4. Amends Sections 411.005(b) and (c), Government Code, to authorize the public safety director (PSD), rather than the PSC, to appoint assistant directors, with the advice of the PSC. Provides that an assistant director serves until removed by the PSD. Requires the PSD to select an assistant director on the basis of the person's qualifications for the position. Makes conforming changes. SECTION 5. Amends Chapter 411A, Government Code, by amending Section 411.006 and adding Section 411.0061, as follows: Sec. 411.006. DUTIES OF DIRECTOR. Adds standard language developed by the Sunset Advisory Commission regarding qualifications for office and employment. Authorizes the PSD to appoint the head of a division or bureau provided for by this chapter. Deletes text regarding the purchasing of supplies. Sec. 411.0061. COMMERCIAL CARRIER INSPECTIONS: IMPLEMENTATION SCHEDULE FOR NONCOMMISSIONED PERSONNEL. Requires the PSD to develop a schedule to include the use of noncommissioned staff assigned to enforce commercial motor vehicle rules over a five-year period beginning January 1, 2000. Requires a report that provides details of the schedule and the status of schedule implementation to be filed with the Legislative Budget Board with each legislative appropriations request of the DPS. Prohibits DPS from increasing the number of commissioned officers assigned to enforce certain commercial motor vehicle rules until the schedule has been fully implemented. Prohibits DPS from reducing the number of commissioned officers to comply with this section. Provides that this section expires January 1, 2005. SECTION 6. Amends Section 411.007, Government Code, to authorize the PSD to appoint, promote, reduce, suspend, or discharge any officer or employee of the DPS. Sets forth provisions regarding appointment or promotion of an officer or employee. Sets forth guidelines regarding personal conduct of an officer or employee of DPS. Requires the heads of divisions and bureaus to make a report to the PSD to be taken into consideration in matters of promotion and discharge. Requires PSC to establish necessary policies and procedures for the appointment, promotion, reduction, suspension, and discharge of all employees, rather than adopt rules governing employees. requires PSC to affirm or set aside a discharge on the basis of the evidence presented. Authorizes a discharged officer to seek judicial review, within a certain time period, in a district court under the substantial evidence standard of review, and the officer remains suspended without pay while the case is under judicial review. Provides that an officer is on probation form the date the person is inducted into the service of DPS until the anniversary of the date the person is commissioned. Makes nonsubstantive changes. SECTION 7. Amends Chapter 411A, Government Code, by adding Sections 411.0071 - 411.0073, 411.0098, 411.0099, and 411.0131, as follows: Sec. 411.0071. DIRECT APPOINTMENT TO MANAGEMENT TEAM POSITIONS BY DIRECTOR. Authorizes the PSD to designate a head of a division or a position that involves working directly with the director, as a management team position. Authorizes the PSD to appoint a person to a management team position under criteria determined by the PSD and approved by the PSC. Provides that the transfer of a person to or from a management team position is not subject to Section 411.007. Requires a person to return to the position held prior to assignment to a management team position or to a position of equivalent rank, upon removal from a management team position. Provides that this subsection applies only to persons not removed for a formal charge of misconduct. Sec. 411.0072. EMPLOYMENT-RELATED GRIEVANCES AND APPEALS OF DISCIPLINARY ACTIONS WITHIN THE DEPARTMENT. Defines "disciplinary action" and "employment-related grievance." Requires the PSC to establish procedures and practices that govern an appeal of a disciplinary action within the DPS and through which DPS will address an employment-related grievance. Requires the DPS to annually submit to the PSC a report on DPS's use of the employment grievance process. Requires the report to include certain information. Sec. 411.0073. MEDIATION OF PERSONNEL DISPUTES. Requires the PSC to establish procedures for an employee to appeal a disciplinary action or resolve an employment-related grievance through mediation if the employee chooses. Requires the procedures to include mediation procedures and circumstances under which mediation is appropriate for an employment-related grievance. Provides that Chapter 2008, as added by Chapter 934, Acts of the 75th Legislature, Regular Session, 1997, does not apply to the mediation, except for Section 2008.054. Requires a mediator to be trained in mediation techniques. Sec. 411.0098. COORDINATION WITH DEPARTMENT OF TRANSPORTATION. Requires DPS and the Texas Department of Transportation (TxDOT) to establish procedures to ensure effective coordination of the development of transportation infrastructure projects that affect both agencies. Requires the procedures to allow each agency to provide comments and advice to the other agency, define the role of each agency in transportation infrastructure efforts, and require DPS and TxDOT to develop a plan regarding federal funds that affect enforcement efforts. Requires DPS and TxDOT to update the procedures as necessary and to file a report describing procedures established with the presiding officer of each house of the legislature not later than January 15 of each odd-numbered year. Sec. 411.0099. NEEDS ASSESSMENT FOR ENFORCEMENT OF COMMERCIAL MOTOR VEHICLE RULES. Requires DPS to conduct a long-term needs assessment for the enforcement of commercial motor rules that considers certain items at a minimum. Requires DPS to submit a biennial report, in conjunction with a DPS legislative appropriations request, to legislative committees with primary jurisdiction over state budgetary matters and the Texas Transportation Commission that reflects the results of the needs assessment. Sec. 411.0131. USE OF SEIZED AND FORFEITED ASSETS. Requires the PSC, by rule, to establish a process for approving DPS's disposition of seized or forfeited assets. Requires the PSC to adopt rules under this section in accordance with Chapter 2001. Requires the PSC to consider how the disposition supports priorities in the strategic plan of DPS and determine if such disposition complies with applicable federal guidelines. Requires DPS to annually file a report, required to include certain information, with the governor and presiding officer of each house of the legislature. Requires DPS to report and justify certain dispositions within 30 days after the end of each quarter. SECTION 8. Amends Section 411.0195, Government Code, by amending Subsections (c) and (d) and adding Subsection (e), to require DPS to maintain a file, required to include certain information, on each written complaint filed with DPS. Requires DPS to provide to parties involved with a complaint a copy of DPS policies and procedures relating to complaint investigation and resolution. Requires DPS to notify parties involved in a complaint of the status of the investigation unless the notice would jeopardize an undercover investigation at least quarterly until final disposition of the complaint. Deletes text regarding information kept in a complaint file. Deletes provision regarding required DPS notice of final disposition. SECTION 9. Amends Section 411.023, Government Code, by adding Subsection (f), to require the PSC to authorize a badge for persons appointed as special rangers that is distinct in appearance from certain other badges. SECTION 10. Amends Chapter 411B, Government Code, by adding Section 411.024, as follows: Sec. 411.024. SPECIAL TEXAS RANGERS. Authorizes the PSC to appoint a certain officer as a special Texas Ranger, who is subject to the orders of PSC and the governor. Sets forth provisions regarding the jurisdiction and commission of a special Texas Ranger. SECTION 11. Amends Section 411.046(a), Government Code, to require the bureau of identification and records to establish and maintain a central repository for the collection and analysis of information relating to incidents for which statistics are or were kept under Public Law No. 101-275, as that law existed on July 3, 1996, rather than September 1, 1991. SECTION 12. Amends Section 411.047(a), Government Code, to require DPS to maintain statistics related to responses by law enforcement agencies to incidents in which a person licensed to carry a handgun is convicted of, rather than arrested for, an offense under Section 46.035, Penal Code. Deletes a provision regarding the discharge of a handgun. SECTION 13. Amends Chapter 411D, Government Code, by adding Section 411.050, as follows: Sec. 411.050. CRIME STATISTIC MAPPING. Authorizes DPS, in conjunction with Southwest Texas State University, to annually produce maps of the state that include information regarding crime statistics correlated with the various regions of the state. SECTION 14. Amends Section 411.178, Government Code, to delete a provision regarding notification to the sheriff of a county that a license has been issued to a person residing in that county. SECTION 15. Amends Section 411.181(f), Government Code, to make a conforming change. SECTION 16. Amends Chapter 411, Government Code, by adding Subchapter I, as follows: SUBCHAPTER I. INTERNAL OVERSIGHT Sec. 411.241. OFFICE OF AUDIT AND REVIEW. Requires PSC to establish the office of audit and review (OAR) which is required to coordinate activities designed to promote effectiveness in departmental operations and to keep PSC and the legislature fully informed about deficiencies with DPS. Sets forth required duties of OAR. Sec. 411.242. DIRECTOR OF AUDIT AND REVIEW. Requires the PSC to appoint a director of OAR (director) to serve until removed by PSC. Requires the director to satisfy the requirements to be the agency's internal auditor under Section 2102.006(b) and is considered to be the agency's internal auditor for the purposes of Chapter 2102. Requires DPS to provide the director with any information necessary to fulfill the purposes of this section and Section 411.243. Requires the director to determine which audits and inspections to perform, with the consent of PSC, and may publish findings and recommendations. Requires the director to report to the PSC regarding planned audits and inspections and their status, and to report to the director for administrative purposes (DAP) and keep DAP informed of the OAR's findings. Sec. 411.243. POWERS AND DUTIES. Sets forth required duties of OAR. Sec. 411.244. INTERNAL AFFAIRS. Requires PSC to establish the office of internal affairs (OIA). Authorizes OIA to have original jurisdiction over all criminal investigations occurring on DPS property or involving DPS employees. Requires OIA to coordinate all investigations under this section. Authorizes an investigation under this section to be initialed only by PSD or PSC. Requires PSD to appoint a head of the OIA (head) to serve until removed by the PSD. Requires the head to report to PSC on investigations, to the report to DAP and provide information regarding information as appropriate. Requires the head to present at each regularly scheduled PSC meeting and at other appropriate times a summary of information relating to investigations conducted under this section that included certain information. SECTION 17. Amends Section 502.409(a), Transportation Code, to provide that a person commits an offense if the person attaches to or displays on a motor vehicle a number plate or registration insignia that is a sticker, decal, or other insignia that is not authorized by law and that interferes with the readability of the letters or numbers on the plate or has a coating, covering, or protective material that distorts angular visibility or detectability. SECTION 18. Amends Section 521.044, Transportation Code, by adding Subsection (f), to provide that this section does not authorize DPS to require an applicant for a driver's license to provide the applicant's social security number unless the provision of the social security number is required under federal law. SECTION 19. Amends Chapter 521E, Transportation Code, by adding Section 521.103, as follows: Sec. 521.103. RENEWAL BY MAIL OR ELECTRONIC MEANS. Authorizes DPS, by rule, to provide that the holder of a personal identification certificate may renew the certificate by mail, by telephone, over the Internet, or by other electronic means. Authorizes a rule under this section to prescribe eligibility standards for renewal under this section. SECTION 20. Amends Section 521.125, Transportation Code, as follows: Sec. 521.125. New heading: MEDICAL AND EMERGENCY INFORMATION ON LICENSE. Sets forth the required format for text on the reverse side of a driver's license. SECTION 21. Amends Section 521.141(a), Transportation Code, to require an applicant for an original or renewal of a driver's license to comply in a manner prescribed by DPS, rather than on a certain form. SECTION 22. Amends Section 521.142, Transportation Code, by adding Subsection (g), to make a conforming change. SECTION 23. Amends Section 521.143(a), Transportation Code, to authorize DPS to require an application for a renewal of a driver's license to be accompanied by evidence of financial responsibility or a statement that the applicant does not own a motor vehicle for which evidence of financial responsibility is required. SECTION 24. Amends Section 521.274, Transportation Code, as follows: Sec. 521.274. New heading: RENEWAL BY MAIL OR ELECTRONIC MEANS. Authorizes DPS to provide, by rule, that a holder of a driver's license may renew the license by telephone, over the Internet, or by other electronic means. Authorizes a rule adopted under this section, rather than subsection, to prescribe eligibility standards for renewal under this section. Deletes text prohibiting renewal of certain licenses under this subsection. SECTION 25. Amends the subchapter heading to Chapter 521M, Transportation Code, as follows: SUBCHAPTER M. New heading: LICENSE EXPIRATION, RENEWAL, AND NUMBER CHANGE SECTION 26. Amends Chapter 521M, Transportation Code, by adding Section 521.275, as follows: Sec. 521.275. CHANGE OF DRIVER'S LICENSE OR PERSONAL IDENTIFICATION CERTIFICATE NUMBER. Requires DPS to issue to a person a new driver's license number or personal identification certificate number on the person's showing a court order stating that the person has been the victim of domestic violence. Authorizes DPS to require each applicant to furnish certain information. Authorizes DPS, if the applicant's name has changed, to require evidence identifying the applicant by both the former and new name. Prohibits DPS from disclosing certain information. SECTION 27. Amends Section 521.306(d), Transportation Code, to prohibit DPS from reinstating a revoked license unless the person whose license was revoked pays a $100, rather than $50, reinstatement fee. SECTION 28. Amends Chapter 521R, Transportation Code, by adding Section 521.427, as follows: Sec. 521.427. METHOD OF PAYMENT OF FEES. Authorizes PSC to adopt rules regarding the method of payment of a fee for a license, personal identification card, or license record. Authorizes the rules to authorize payment by certain means, under circumstances prescribed by DPS. Authorizes the rules to require the payment of a discount or a service charge for a credit card payment in addition to a fee. SECTION 29. Amends Section 548.051(a), Transportation Code, to require certain vehicles registered in this state to have, inspected at an inspection station or by an inspector, the fuel tank cap, using pressurized testing equipment approved by DPS rule, and emissions control equipment as designated by DPS rule. SECTION 30. Amends Section 548.306, Transportation Code, by adding Subsections (k), (l), (m), and (n), to require a hearing for a citation issued under this section to be heard by a justice of the peace of any precinct in the county in which the vehicle is registered. Prohibits enforcement of the remote sensing component of the vehicle emissions inspection and maintenance program from involving any method of screening in which the registered owner of a vehicle found to have allowable emissions by remote sensing technology is charged a fee. Authorizes DPS, by rule, to require that a vehicle determined by on-road testing to have excessive emissions be assessed an onroad emissions testing fee not to exceed the emissions testing fee charged by a certified emissions testing facility. Authorizes DPS, by rule, to establish procedures for reimbursing a fee for a verification test required by Subsection (c) if certain conditions are met. SECTION 31. Amends Sections 548.405(a) and (c), Transportation Code, to authorize DPS to take certain actions if an inspection station or an inspector conducts an inspection, fails to conduct an inspection, or issues a certificate in violation of this chapter or a rule adopted under this chapter or without complying with the requirements of this chapter or a rule adopted under this chapter. Prohibits the suspension from being probated or deferred. Makes a conforming change. SECTION 32. Amends Section 548.407(l), Transportation Code, to authorize a proposal for decision, if an administrative law judge of the State Office of Administrative Hearings conducts a hearing under this section and the proposal for decision supports the position of DPS, to recommend a denial of an application or a revocation or suspension of a certificate only. Prohibits the proposal from recommending a reprimand or a probated or otherwise deferred disposition of the denial, revocation, or suspension. Authorizes PSD to adopt the finding for costs, fees, and expenses. Requires proceeds collected from a finding made under this subsection to be paid to DPS, rather than deposited in a special account in the general revenue fund that may be appropriated only to the attorney general. SECTION 33. Amends Section 548.408, Transportation Code, by amending Subsections (a) and (b) and adding Subsection (f), to authorize an attorney who is a full-time employee of DPS to represent the PSD in an appeal with the approval of the attorney general. Prohibits a stay under this section from being effective for more than 90 days after the date the petition for appeal is filed. Requires PSD's action to be reinstated or imposed on the expiration of the stay. Prohibits DPS or the court from extending the stay or granting an additional stay. SECTION 34. Amends Section 548.501(a), Transportation Code, to provide that the fee for inspection of a motor vehicle other than a moped is $12.50, rather than $10.50. SECTION 35. Amends Section 548.503(a), Transportation Code, to require the fee for inspection of a passenger car or light truck under Section 548.102, to be set by DPS by rule on or before September 1, of each year, rather than the fee for inspection is $19.75. Requires a fee set by DPS under this subsection to be based on the costs of producing certificates, providing inspections, and administering the program, but may not be less than $21.75. SECTION 36. Amends Section 548.601(a), Transportation Code, to provide that a person commits an offense if the person performs an act prohibited by or fails to perform an act required by this chapter or a rule adopted under this chapter. SECTION 37. Amends Section 548.602(a), to prohibit a person from operating a motor vehicle registered in this state unless a current and appropriate inspection certificate is displayed on the vehicle. SECTION 38. Amends Section 601.376(a), Transportation Code, to prohibit a new license or registration from being issued to certain persons, until the person pays DPS a fee of $100, rather than $50. SECTION 39. Amends Section 644.101(b), Transportation Code, to provide that a police officer of a municipality with a population of less than 25,000, any part of which is located in a county with a population of 2.4 million and that contains or is adjacent to an international port is eligible to apply for certification under this section. SECTION 40. Amends Section 644.103, Transportation Code, by adding Subsections (d) and (e), to authorize a noncommissioned DPS employee certified by the public safety director and supervised by an officer, to enter into a vehicle that is subject to this chapter. Requires a supervising officer to take action if an employee's inspection shows that enforcement action is warranted. Requires the training and requirements for a noncommissioned DPS employee under this section to be the same as those for officers who enforce this chapter, except for those regarding peace officers. SECTION 41. Amends Section 644.104, Transportation Code, by adding Subsections (c) and (d), to authorize DPS to use an officer to conduct an inspection if the inspection involves a situation determined by DPS to require the use of an officer. Makes a conforming change. SECTION 42. Amends Section 382.0374, Health and Safety Code, by adding Subsections (c) and (d), to authorize the Texas Natural Resource Conservation Commission and DPS, by rule, to allow alternative vehicle emissions testing, including onboard diagnostic testing, if certain requirements are met. Prohibits a rule adopted under Subsection (c) from being more restrictive than federal regulations governing vehicle emissions testing. SECTION 43. Amends Articles 60.061(a) and (b), Code of Criminal Procedure, to require each agency to update certain information and submit to the DPS the updated information quarterly, rather than monthly. Authorizes DPS to charge the licensing agency a fee not to exceed the actual direct cost incurred by DPS in performing a computer match and reporting to the agency. SECTION 44. Defines "department." Requires PSC to adopt each rule and establish all procedures necessary to implement the changes in law made by this Act not later than January 1, 2000. Authorizes DPS to use any materials used for driver's licenses that DPS has on the effective date of this Act regardless of whether the materials comply with Section 521.125, Transportation Code. Provides that Section 411.0031, Government Code, does not apply to a PSC member appointed before the effective date of this Act during the term the member is serving on that effective date. Makes application of Section 411.007(b), Government Code, as amended by this Act, prospective. Provides that changes made by Section 411.0071, Government Code, apply only to appointments made after the effective date. Provides that a person appointed to a management team position before the effective date retains all rights related to the position after the effective date. Provides that commissions issued under Section 411.023, Government Code, prior to the effective date of this Act, are not affected. Provides that, until set by DPS, the inspection fee for a passenger car or light truck is $19.75 before January 1, 2000, and $21.75 on or after January 1, 2000. Requires DPS, by rule, to set the fee at an amount exceeding $19.75 and charge the greater amount before January 1, 2000. SECTION 45. Makes application of Sections 502.409(a), 548.306, and 548.601(a), Transportation Code, prospective. SECTION 46. Makes application of Section 548.407(l), Transportation Code, prospective. SECTION 47. Effective date: September 1, 1999. SECTION 48. Emergency clause.