HBA-EVB C.S.S.B. 370 76(R) BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 370 By: Brown Public Safety 5/5/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, the Department of Public Safety (department) is subject to the Sunset Act and will be abolished on September 1, 1999 unless continued by the legislature. In 1998, the department had a budget of approximately $310 million and employed 7,000 people. C.S.S.B. 370 amends Section 411.02(c), Government Code, to continue the department for 10 years, until September 1, 2009, and incorporates revisions to its functions and authority. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Public Safety Commission in SECTION 7 (Section 411.0131, Government Code) and SECTION 34. It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Department of Public Safety in SECTION 14 (Section 521.103, Transportation Code), SECTION 20 (Section 521.427, Transportation Code), SECTION 22 (Section 548.306, Transportation Code), SECTION 26 (Section 548.501, Transportation Code), SECTION 32 (Section 382.0374, Health and Safety Code), and SECTION 34, of this bill. It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Natural Resource Conservation Commission in SECTION 32 (Section 382.0374, Health and Safety Code), of this bill. It is the opinion of the Office of House Bill Analysis that rulemaking authority previously delegated to the Department of Public Safety is modified in SECTION 18 (Section 521.274, Transportation Code). It is the opinion of the Office of House Bill Analysis that rulemaking authority previously delegated to the Public Safety Commission is modified in SECTION 6 (Section 411.007, Government Code). SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 411.002 (b) and (c), Government Code, as follows: (b) Deletes text requiring the Department of Public Safety (department) to keep all of its records in Austin. (c) Provides that unless continued in existence as provided by Chapter 325 (Texas Sunset Act), Government Code, the department is abolished and Subsections (a) and (b) expire September 1, 2009, rather than 1999. SECTION 2. Amends Section 411.0036(c), Government Code, as follows: (c) Requires the public safety director (director), if the director has knowledge that a potential ground for removal exists, to notify the chairman of the Public Safety Commission (commission) of the potential ground. Requires the chairman to then notify the governor and the attorney general that a potential ground for removal exists. Requires the director, if the potential ground for removal involves the chairman, to notify the member with the longest tenure on the commission, other than the chairman, who is required then to notify the governor and the attorney general that a potential ground for removal exists. SECTION 3. Amends Subchapter A, Chapter 411, Government Code, by amending Section 411.004 and adding Sections 411.0031 and 411.0041, as follows: Sec. 411.0031. TRAINING FOR COMMISSION MEMBERS. (a) Prohibits a person who is appointed to and qualifies for office as a member of the commission from voting, deliberating, or being counted as a member in attendance at a meeting of the commission until the person completes a training program that complies with this section. (b) Sets forth the information that the training program must provide such a person. (c) Provides that a person appointed to the commission is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office. Sec. 411.004. DUTIES AND POWERS OF COMMISSION. Deletes text requiring the commission to provide to its members, as often as necessary, information regarding their qualifications for office under this chapter and their responsibilities under applicable laws relating to standards of conduct for state officers. Makes a conforming change. Sec. 411.0041. OPEN MEETINGS EXCEPTION: CRIMINAL INVESTIGATIONS. Provides that a discussion or deliberation of the commission regarding an ongoing criminal investigation, including a vote to issue a directive or take other action regarding the investigation, is not subject to the open meetings law, Chapter 551 (Open Meetings), Government Code . SECTION 4. Amends Sections 411.005(b) and (c), Government Code, as follows: (b) Authorizes the director, rather than requires the commission, to appoint, with the advice and consent of the commission, assistant directors, rather than an assistant director, who is required to perform the duties that the director designates. Provides that an assistant director serves until removed by the director. (c) Requires the commission to select the director, and requires the director to select an assistant director, on the basis of the person's, rather than persons', training, experience, and qualifications for the position, rather than positions. Provides that the director and an assistant director must have five years' experience, preferably in police or public administration. Provides that the director and an assistant director are entitled to annual salaries as provided by the legislature. SECTION 5. Amends Subchapter A, Chapter 411, Government Code, by amending Section 411.006 and adding Section 411.0061, as follows: Sec. 411.006. DUTIES OF DIRECTOR. (a) Requires the director to appoint, with the advice and consent of the commission, the head of a division or bureau, rather than chiefs of the bureaus, provided for by this chapter. Deletes text requiring the director to issue and sign requisitions as provided by law for the purchase of supplies for the office and officers of the department, suitable uniforms, arms, and equipment. Redesignates Subdivisions (8) and (9) as Subdivisions (7) and (8) to make conforming changes. (b) Requires the director or the director's designee to provide to members of the commission and to department employees, as often as necessary, information regarding the requirements for office or employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees. Sec. 411.0061. COMMERCIAL CARRIER INSPECTIONS: IMPLEMENTATION SCHEDULE FOR NONCOMMISSIONED PERSONNEL. (a) Requires the director to develop a schedule to include the use of noncommissioned staff assigned to enforce commercial motor vehicle rules under Sections 644.103 (Detention of Vehicles) and 644.104 (Inspection of Premises), Transportation Code, to supplement the current enforcement program by commissioned officers. Requires the schedule to be implemented over a five-year period beginning January 1, 2000. (b) 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 department. (c) Prohibits the department, unless otherwise directed by the General Appropriations Act, from increasing the number of commissioned officers assigned to enforce commercial vehicle rules under Sections 644.103 and 644.104, Transportation Code, until the schedule developed under Subsection (a) has been fully implemented. (d) Prohibits the department from reducing the number of commissioned officers to comply with this section, unless otherwise directed by the General Appropriations Act. (e) Sets forth that this section expires January 1, 2005. SECTION 6. Amends Section 411.007, Government Code, as follows: Sec. 411.007. OFFICERS AND EMPLOYEES. (a) Deletes text related to the commission's approval of certain actions taken by the director, as part of the director's authorization to take such actions. (b) Provides that the appointment or promotion of an officer or employee must be based on merit determined under commission rules, rather than by examination under commission rules, that take into consideration the applicant's age and physical condition, if appropriate and to the extent allowed under federal law, and that take into consideration the applicant's experience and education. Requires the department, with the advice and consent of the commission, to establish procedures for the promotion of commissioned officers to positions not governed by proposed Section 411.0071. Provides that the procedures must be based on merit and consistently applied. Requires each person who has an application on file for a position in the department for which an applicant must take an examination to be given reasonable written notice of the time and place of those examinations. (c) Prohibits an officer commissioned by the department from being suspended, terminated, or subjected to any form of discrimination by the department because of the refusal of the officer to take a polygraph examination. (d) Makes conforming changes. (e) Prohibits the department, except as provided by Subsection (f), from discharging, suspending, or demoting a commissioned officer except for the violation of a specific commission rule. Deletes text prohibiting an officer commissioned by the department from being suspended, terminated, or subjected to any form of discrimination by the department because of the refusal of the officer to take a polygraph examination. Makes a conforming change. (f) Deletes text requiring the commission to establish grades and positions for the department, and requiring the commission to designate certain authority and responsibility, set standards of qualifications, and fix prerequisites of training, education, and experience. Requires the commission to establish necessary policies and procedures, rather than adopt rules, for the appointment, promotion, reduction, suspension, and discharge of all employees. Deletes text requiring a hearing before the commission before the commission undertakes such actions. Requires the commission to affirm or set aside a discharge on the basis of the evidence presented. Authorizes the discharged officer or employee, if the commission affirms the discharge, to seek judicial review in a district court under the substantial evidence standard of review. Provides that a noncommissioned employee, rather than person, inducted into the service of the department is on probation for the first one year of service, and an officer is on probation from the date the person is inducted into the service of the department until the anniversary of the date the person is commissioned. Authorizes a person, at any time during the probationary period, rather than that period, to be discharged without the public hearing provided for by this subsection if the director, with the advice and consent of the commission, finds the person to be unsuitable for the work. SECTION 7. Amends Subchapter A, Chapter 411, Government Code, by adding Sections 411.0071411.0073, 411.0098, 411.0099, and 411.0131, as follows: Sec. 411.0071. DIRECT APPOINTMENT TO MANAGEMENT TEAM POSITIONS BY DIRECTOR. (a) Authorizes the director to designate a head of a division or a position that involves working directly with the director as a management team position. (b) Authorizes the director to directly appoint a person to a position designated as a management team position under Subsection (a) under criteria determined by the director and approved by the commission. Provides that the director's appointment of a person to a management team position or transfer of a person from a management team position to another position for which the person is qualified, as determined by the director, is not subject to Section 411.007. (c) Requires a person appointed to a management team position under this section, on removal from that position, to be returned to the position the person held immediately before appointment to the management team position or to a position of equivalent rank. Provides that this subsection applies, if a person is removed from a management team position as a result of the filing of a formal charge of misconduct, only if the person is exonerated for the misconduct charged. Sec. 411.0072. EMPLOYMENT-RELATED GRIEVANCES AND APPEALS OF DISCIPLINARY ACTIONS WITHIN THE DEPARTMENT. (a) Defines "disciplinary action" and "employment-related grievance." (b) Requires the commission to establish procedures and practices governing the appeal of a disciplinary action within the department. (c) Requires the commission to establish procedures and practices through which the department will address an employment-related grievance that include: _a form on which an employee may state an employment-related grievance and request a specific corrective action; _time limits for submitting a grievance and for management to respond to a grievance; _a multilevel process in which an employee's grievance is submitted to the lowest appropriate level of management, with each subsequent appeal submitted to a higher level in the chain of command; _an assurance that confidentiality of all parties involved will be maintained, except to the extent that information that is subject to required public disclosure under the public information law, Chapter 552, is released in response to an open records request, and that retaliation against an employee who files a grievance is prohibited; and _a program to advertise and explain the grievance procedure to all employees. (d) Requires the department to submit annually to the commission, and as part of its biennial report to the legislature required under Section 411.004, a report on the department's use of the employment-related grievance process under Subsection (c). Provides that the report must include the number of grievances filed, a brief description of the subject of each grievance filed, and the final disposition of each grievance. Sec. 411.0073. MEDIATION OF PERSONNEL DISPUTES. (a) Requires the commission to establish procedures for an employee to resolve an employment-related grievance covered by Section 411.0072 through mediation if the employee chooses. Provides that the procedures must include mediation procedures and establish the circumstances under which mediation is appropriate for an employment-related grievance. (b) Provides that Chapter 2008, as added by Chapter 934, Acts of the 75th Legislature, Regular Session, 1997, except for Section 2008.054 (Confidentiality of Certain Records and Communications), Chapter 2008 (Negotiated Rulemaking), does not apply to the mediation. Provides that the mediator must be trained in mediation techniques. Sec. 411.0098. COORDINATION WITH DEPARTMENT OF TRANSPORTATION. (a) Requires the department 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. (b) Requires procedures established under this section to allow each agency to provide comments and advice to the other agency on an ongoing basis regarding statewide transportation planning efforts that affect traffic law enforcement; define the role of each agency in transportation infrastructure efforts; and requires the department and TxDOT to develop a plan for applying for and using federal funds to address infrastructure needs that affect enforcement efforts. (c) Requires the department and TxDOT to update and revise the procedures established under this section as necessary; and file not later than January 15 of each odd-numbered year with the presiding officer of each house of the legislature a report that describes the procedures established under this section and their implementation. Sec. 411.0099. NEEDS ASSESSMENT FOR ENFORCEMENT OF COMMERCIAL MOTOR VEHICLE RULES. (a) Requires the department to conduct a long-term needs assessment for the enforcement of commercial motor vehicle rules that considers at a minimum the inventory of current facilities and equipment used for enforcement; enforcement activity at fixed-site facilities; staffing levels and operating hours for each facility; and needed infrastructure improvements and the associated costs and projected increase in activity that would result from the improvements. (b) Requires the department to submit a biennial report to the legislative committees with primary jurisdiction over state budgetary matters and the Texas Transportation Commission that reflects the results of the needs assessment conducted under Subsection (a). Requires the report to be submitted to the legislature in conjunction with the department's legislative appropriations request. Sec. 411.0131. USE OF SEIZED AND FORFEITED ASSETS. (a) Requires the commission, by rule, to establish a process under which the commission approves all of the department's dispositions of assets seized or forfeited under state or federal law and received by or appropriated to the department. Requires the commission to adopt rules under this section in accordance with Chapter 2001 (Administrative Procedure), Government Code. Requires the commission, before approving a disposition, to consider how the disposition supports priorities established in the department's strategic plan and whether the disposition complies with applicable federal guidelines. (b) Requires the department to file annually with the governor and the presiding officer of each house of the legislature a report on seized and forfeited assets. Provides that the report must include enumerated information. (c) Requires the department, within 30 days after the end of each quarter, to report and justify any dispositions of seized or forfeited assets during the quarter that differ from the planned dispositions reported under Subsection (b); and were used for a purpose not considered a priority in the department's strategic plan or not required by law or applicable federal guidelines. SECTION 8. Amends Section 411.0195, Government Code, by amending Subsections (c) and (d) and adding Subsection (e), as follows: (c) Requires the department to maintain a file on each written complaint filed with the department. Provides that the file must contain certain enumerated information. Deletes text requiring the department to keep an information file about each complaint filed with the department that the department has authority to resolve. (d) Requires the department to provide to the person filing the complaint and to each person who is a subject of the complaint a copy of the department's policies and procedures relating to complaint investigation and resolution. (e) Requires the department, at least quarterly until final disposition of the complaint, to notify the person filing the complaint and each person who is a subject of the complaint of the status of the investigation unless the notice would jeopardize an undercover investigation. Deletes text requiring the department, at final disposition of the complaint, if a written complaint is filed with the department that the department has authority to resolve, to notify the parties to the complaint of the status of the complaint unless the notice would jeopardize an undercover investigation. SECTION 9. Amends Section 411.023, Government Code, by adding Subsection (f), to require the commission to authorize a badge designated as "Special Ranger" that is distinct in appearance from the "Special Texas Ranger" badge authorized under proposed Section 411.024. SECTION 10. Amends Subchapter B, Chapter 411, Government Code, by adding Section 411.024, as follows: Sec. 411.024. SPECIAL TEXAS RANGERS. (a) Authorizes the commission to appoint as a special Texas Ranger an honorably retired or retiring commissioned officer of the department whose position immediately preceding retirement is an officer of the Texas Rangers. (b) Provides that a special Texas Ranger is subject to the orders of the commission and the governor for special duty to the same extent as other law enforcement officers provided for by this chapter, except that a special Texas Ranger is prohibited from enforcing a law except one designed to protect life and property and is prohibited from enforcing a law regulating the use of a state highway by a motor vehicle. Provides that a special Texas Ranger is not connected with a ranger company or uniformed unit of the department. (c) Requires the person, before issuance of a commission to a special Texas Ranger, to enter into a good and sufficient bond executed by a surety company authorized to do business in the state in the amount of $2,500, approved by the director, and indemnifying all persons against damages resulting from an unlawful act of the special Texas Ranger. (d) Provides that a special Texas Ranger is not entitled to compensation from the state for service as a special Texas Ranger. (e) Provides that a special Texas Ranger commission expires January 1 of the first odd-numbered year after appointment. Authorizes the commission to revoke the commission of a special Texas Ranger who commits a violation of a rule of the department for which an active officer of the Texas Rangers would be discharged. (f) Requires the commission to authorize a badge designated as "Special Texas Ranger" that is distinct in appearance from the "Special Ranger" badge authorized under Section 411.023. SECTION 11. Amends Chapter 411, Government Code, by adding Subchapter I, as follows: SUBCHAPTER I. INTERNAL OVERSIGHT Sec. 411.241. OFFICE OF AUDIT AND REVIEW. Requires the commission to establish the office of audit and review. Requires the office of audit and review to coordinate activities designed to promote effectiveness in departmental operations and to keep the commission and the legislature fully informed about deficiencies within the department. Requires the office to inspect and audit departmental programs and operations for efficiency, uniformity, and compliance with established procedures and develop recommendations for improvement; coordinate and be responsible for promoting accountability, integrity, and efficiency in the department; and provide the commission with information relevant to its oversight of the department. Sec. 411.242. DIRECTOR OF AUDIT AND REVIEW. (a) Requires the commission to appoint the director of the office of audit and review (director of audit and review). Provides that the director of audit and review serves until removed by the commission. (b) Provides that the director of audit and review must satisfy the requirements to be the agency's internal auditor under Section 2102.006(b) (Internal Auditor; Staff) and is considered to be the agency's internal auditor for purposes of Chapter 2102 (Internal Auditing). (c) Requires the department to provide the director of audit and review with access to any records, data, or other information necessary to fulfill the purposes of this section and Section 411.243. (d) Requires the director of audit and review, with the advice and consent of the commission, to determine which audits and inspections to perform and authorizes the director of audit and review to publish the findings and recommendations of the office of audit and review. (e) Requires the director of audit and review to report to the commission regarding audits and inspections planned and the status and findings of those audits and inspections; and report to the director for administrative purposes and keep the director informed of the office's findings. Sec. 411.243. POWERS AND DUTIES. (a) Requires the office of audit and review to: _independently and objectively inspect all divisions of the department to ensure that operations are conducted efficiently, uniformly, and in compliance with established procedures; and make recommendations for improvements in operational performance; _independently and objectively audit all divisions of the department to promote economy, effectiveness, and efficiency within the department; prevent and detect fraud, waste, and abuse in department programs and operations; and make recommendations about the adequacy and effectiveness of the department's system of internal control policies and procedures; _advise in the development and evaluation of the department's performance measures; _review actions taken by the department to improve program performance and make recommendations for improvement; _review and make recommendations to the commission and the legislature regarding rules, laws, and guidelines relating to department programs and operations; _keep the commission, director, and legislature fully informed of problems in department programs and operations; and _ensure effective coordination and cooperation among the state auditor's office, legislative oversight committees, and other governmental bodies while attempting to avoid duplication. (b) Provides that Chapter 2102, Government Code applies to the office of audit and review. Sec. 411.244. INTERNAL AFFAIRS. (a) Requires the director to establish the office of internal affairs. (b) Provides that the office of internal affairs has original departmental jurisdiction over all investigations occurring on department property or involving department employees. Requires the office of internal affairs to coordinate, but need not conduct, all investigations under this section. (c) Authorizes an investigation under this section to be initiated only by the director or the commission. (d) Requires the director to appoint the head of the office of internal affairs. Provides that the head of the office of internal affairs serves until removed by the director. (e) Requires the head of the office of internal affairs to report directly to the director regarding performance of and activities related to investigations, report to the director for administrative purposes, and provide the director with information regarding investigations as appropriate. (f) Requires the head of the office of internal affairs to present at each regularly scheduled commission meeting and at other appropriate times a summary of information relating to investigations conducted under this section that includes analysis of the number, type, and outcome of investigations, trends in the investigations, and recommendations to avoid future complaints. SECTION 12. Amends Section 502.409(a), Transportation Code, as follows: (a) Provides 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 13. Amends Subchapter C, Chapter 521, Transportation Code, by adding Section 521.0461, as follows: Sec. 521.0461. CONTRACTS FOR DISCLOSURE OF CERTAIN INFORMATION. (a) Authorizes the department to contract with a person to provide the person with information for the purposes of the underwriting of existing motor vehicle insurance policies if the person is a motor vehicle insurance company or a motor vehicle support organization; and eligible to receive the information under Chapter 730 (Motor Vehicle Records Disclosure Act), Transportation Code. (b) Sets forth that information provided under Subsection (b) must be authorized to be released under Section 521.045 (Disclosure of Certain Information Relating to Individual Operator) or 521.046 (Disclosure of Accident and Conviction Information); and relate to traffic law convictions of individuals or occurrences of motor vehicle accidents involving individuals that occur during the 30-day period specified in the contract. (c) Sets forth that a contract made under Subsection (a) must require that the person who will receive the information the contract provide the department with a list of the driver's license number or the full name and date of birth of each individual about whom information is requested; and must require the department to search the department's driver's license database to determine which of the drivers on the list submitted have had a conviction, suspension, or revocation activity posted during the previous 30-day period and inform the person who submitted the list of the name, date of birth, and driver's license number of the driver. (d) Authorizes the department to negotiate a price for the services provided under a contract under Subsection (a). (e) Authorizes the department to require a person entering into a contract with the department under Subsection (a) to provide the department with a certified check, cashier's check, or bond issued by a surety company authorized to do business in this state in an amount equal to the first payment due under the contract to guarantee the person's performance under the contract. SECTION 14. Amends Subchapter E, Chapter 521, Transportation Code, by adding Section 521.103, as follows: Sec. 521.103. RENEWAL BY MAIL OR ELECTRONIC MEANS. Authorizes the department, by rule, to provide that the holder of a personal identification certificate is authorized to renew the certificate by mail, by telephone, over the Internet, or by other electronic means. Authorizes a rule adopted under this section to prescribe eligibility standards for renewal under this section. SECTION 15. Amends Section 521.125, Transportation Code, as follows: Sec. 521.125. New title: MEDICAL AND EMERGENCY INFORMATION ON LICENSE. Requires the department, on the reverse side of a driver's license to print certain information, including an emergency contact telephone number. Sets forth the location of the appropriate telephone number, and includes a box that the license holder is authorized to use to indicate for what purpose the telephone number applies. Makes conforming changes. SECTION 16. Amends Section 521.141(a), Transportation Code, to provide that an applicant for an original or renewal of a driver's license must apply in a manner prescribed by the department. Deletes text that provides that an applicant for an original or renewal of a driver's license must apply on a form provided by the department. SECTION 17. Amends Section 521.143(a), Transportation Code, to authorize the department 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 by Chapter 601 (Motor Vehicle Safety Responsibility Act), Transportation Code. SECTION 18. Amends Section 521.274, Transportation Code, as follows: Sec. 521.274. New title: RENEWAL BY MAIL OR ELECTRONIC MEANS. Authorizes the department, by rule, to provide that the holder of a driver's license is authorized to renew the license by mail, by telephone, over the Internet, or by other electronic means. Authorizes a rule adopted under this section to prescribe eligibility standards for renewal under this section. Deletes text prohibiting a rule adopted under this subsection from permitting the renewal by mail of certain licenses. Makes conforming changes. SECTION 19. Amends Section 521.306(d), Transportation Code, to increase the reinstatement fee from $50 to $100. SECTION 20. Amends Subchapter R, Chapter 521, Transportation Code, by adding Section 521.427, as follows: Sec. 521.427. METHOD OF PAYMENT OF FEES. (a) Authorizes the department to adopt rules regarding the method of payment of a fee for a license, personal identification card, or license record issued under this chapter. (b) Authorizes the rules to authorize payment, under circumstances prescribed by the department in person, by mail, by telephone, or over the Internet; by means of electronic funds transfer; or by means of a valid credit card issued by a financial institution chartered by a state or the federal government or by a nationally recognized credit organization approved by the department. (c) Authorizes the rules to require the payment of a discount or service charge for a credit card payment in addition to the fee. SECTION 21. Amends Section 548.051(a), Transportation Code, to include a fuel tank cap, using pressurized testing equipment approved by department rule, and emissions control equipment as designated by department rule among the items a motor vehicle, trailer, semitrailer, pole trailer, or mobile home, registered in this state must have inspected at an inspection station or by an inspector. SECTION 22. Amends Section 548.306, Transportation Code, by adding Subsections (k), (l), (m), and (n), as follows: (k) Requires 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. (l) 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. (m) Authorizes the department, by rule, to require that a vehicle determined by on-road testing to have excessive emissions be assessed an on-road emissions testing fee not to exceed the emissions testing fee charged by a certified emissions testing facility. (n) Authorizes the department, by rule, to establish procedures for reimbursing a fee for a verification test required by Subsection (c) if the owner demonstrates to the department's satisfaction that: _the vehicle passed the verification emissions test not later than the 30th day after the date the vehicle owner received notice that the vehicle was detected as having excessive emissions; and _the vehicle was not repaired between the date of detection and the date of the verification emissions test. SECTION 23. Amends Sections 548.405(a) and (c), Transportation Code, as follows: (a) Authorizes the department to deny a person's application for a certificate, revoke or suspend the certificate of a person, inspection station, or inspector, place on probation a person who holds a suspended certificate, or reprimand a person who holds a certificate if: _the station or inspector 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; _the person, station, or inspector commits an offense under this chapter or violates this chapter or a rule adopted under this chapter. (c) Provides that, if the department suspends a certificate because of a violation of Subchapter F (Motor Vehicle Emissions Inspection and Maintenance), Transportation Code, the suspension must be for a period of not less than six months. Prohibits the suspension from being probated or deferred. SECTION 24. Amends Section 548.407(1), Transportation Code, as follows: (l) Authorizes the 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 the department, 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. Requires the administrative law judge, rather than in conducting a hearing under this section an administrative law judge of the State Office of Administrative Hearings, if the administrative law judge makes a proposal for a decision to deny an application or to suspend or revoke a certificate, to include in the proposal a finding of the costs, fees, expenses, and reasonable and necessary attorney's fees the state incurred in bringing the proceeding. Authorizes the director to adopt the finding for costs, fees, and expenses and make the finding a part of the final order entered in the proceeding. Required proceeds collected from a finding made under this subsection to be paid to the department. Deletes text requiring such proceeds to be deposited in a special account in the general revenue fund authorized to be appropriated only to the attorney general. SECTION 25. Amends Section 548.408, Transportation Code, by amending Subsections (a) and (b) and adding Subsection (f), as follows: (a) Authorizes a person dissatisfied with the action of the director to appeal the action, rather than appeal the action without filing a motion for rehearing, by filing a petition in district court in the county where the person resides or in Travis County. (b) Requires the district or county attorney or the attorney general to represent the director in the appeal, except that an attorney who is a full-time employee of the department is authorized to represent the director in the appeal with the approval of the attorney general. (f) Prohibits a stay under this section from being effective for more than 90 days after the date the petition for appeal is filed. Requires the director's action to be reinstated or imposed on the expiration of the stay. Prohibits the department or court from extending the stay or granting an additional stay. SECTION 26. Amends Section 548.501(a), Transportation Code, as follows: (a) Requires the fee for inspection of a motor vehicle other than a moped, except as provided by Sections 548.503 (Initial Two-Year Inspection of Passenger Car or Light Truck) and 548.504 (Inspection of Commercial Motor Vehicle), to be set by the department by rule on or before September 1 of each year. Provides that a fee set by the department under this subsection must be based on the costs of producing certificates, providing inspections, and administering the program, but may not be less than $12.50. SECTION 27. Amends Section 548.601(a), Transportation Code, to include a person who performs an act prohibited by or fails to perform an act required by this chapter or a rule adopted by this chapter, among the persons, including an inspector or an inspection station, that commit an offense. SECTION 28. Amends Section 548.602(a), Transportation Code, as follows: (a) Prohibits a person, after the fifth day after the date of expiration of the period designated for inspection, from operating a motor vehicle registered in this state unless a current and appropriate inspection certificate is displayed on the vehicle. SECTION 29. Amends Section 601.376(a), Transportation Code, to provide that a suspended driver's license, vehicle registration, or nonresident's operating privilege is prohibited from being reinstated until the person pays the department a fee of $100, rather than $50. SECTION 30. Amends Section 644.103, Transportation Code, by adding Subsections (d) and (e), as follows: (d) Authorizes a noncommissioned employee of the department who is certified for the purpose by the director and who is supervised by an officer of the department, at a fixedsite facility, to enter a motor vehicle that is subject to this chapter. Provides that the supervising officer, if the employee's inspection shows that an enforcement action, such as the issuance of a citation, is warranted, must take the action. (e) Provides that the department's training and other requirements for certification of a noncommissioned employee of the department under this section must be the same as the training and requirements, other than the training and requirements for becoming and remaining a peace officer, for officers who enforce this chapter. SECTION 31. Amends Section 644.104, Transportation Code, by adding Subsections (c) and (d), as follows: (c) Authorizes the department to use an officer to conduct an inspection under this section if the inspection involves a situation that the department determines to reasonably require the use or presence of an officer to accomplish the inspection. (d) Provides that the department's training and other requirements for certification of a noncommissioned employee of the department under this section must be the same as the training and requirements, other than the training and requirements for becoming and remaining a peace officer, for officers who enforce this chapter. SECTION 32. Amends Section 382.0374, Health and Safety Code, by adding Subsection (c), as follows: (c) Authorizes the Texas Natural Resource Conservation Commission and the department, by rule, to allow alternative vehicle emissions testing, including onboard diagnostic testing, if the technology provides accurate and reliable results; the technology is widely and readily available to persons interested in performing alternative vehicle emissions testing; and the use of alternative testing is not likely to substantially affect federal approval of the state's air quality state implementation plan. SECTION 33. Amends Subsections (a) and (b), Article 60.061, Code of Criminal Procedure, as follows: (a) Requires the Texas State Board of Medical Examiners, the Texas State Board of Podiatric Medical Examiners, the State Board of Dental Examiners, the Texas State Board of Pharmacy, and the State Board of Veterinary Medical Examiners to provide to the department through electronic means, magnetic tape, or disk certain descriptive information required by the department for each person licensed by the respective agency. Requires each agency to update this information and submit to the department the updated information quarterly, rather than monthly. (b) Authorizes the department to charge the licensing agency a fee not to exceed the actual direct cost incurred by the department in performing a computer match and reporting to the agency. Makes a conforming change. SECTION 34. (a) Defines "department." (b) Requires the commission 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. (c) Authorizes the department, notwithstanding Section 521.125 (Medical and Emergency Information on License), Transportation Code, as amended by this Act, to use any materials used for driver's licenses that the department has on the effective date of this Act regardless of whether the materials comply with that section. (d) Makes application of Section 411.0031, Government Code, as added by this Act, inapplicable to a member of the commission during the term the member is serving on that effective date. (e) Makes application of Section 411.007(f), Government Code, as amended by this Act, relating to the probationary period of certain employees of the department, prospective to the probationary period of a person inducted into the service of the department. (f) Makes application of Section 411.007(f), Government Code, as amended by this Act, relating to judicial review of the discharge of an officer or employee of the department, prospective to a discharge that is affirmed by the commission. (g) Makes application of Section 411.0071, Government Code, as added by this Act, prospective to an appointment or promotion. (h) Makes application of Section 411.023, Government Code, to an issued commission, prospective. (i) Provides that until the department sets the fee for an inspection of a motor vehicle other than a moped under Section 548.501(a), Transportation Code, as amended by this Act, the fee is $10.50 before January 1, 2000, and $12.50 on or after January 1, 2000. Authorizes the department, by rule, to set the fee at an amount exceeding $10.50 and charge the greater amount before January 1, 2000. SECTION 35. Makes application of Sections 502.409(a), 548.306, and 548.601(a), Transportation Code, to an offense, prospective. SECTION 36. Makes application of Section 548.407(l), Transportation Code, relating to payment of proceeds collected from a finding made under that subsection, prospective to proceeds collected from a finding that is adopted by the director of the department. SECTION 37. Effective date: September 1, 1999. SECTION 38. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute differs from the original in SECTION 2 (Section 411.0036(c), Government Code) by requiring the public safety director (director), if the potential ground for removal involves the chairman, to notify the member with the longest tenure on the Public Safety Commission (commission), other than the chairman, rather than notify the member with the most tenure on the commission. The substitute differs from the original in SECTION 5 (proposed Section 411.0061, Government Code) by making a nonsubstantive change in Subsection (b), adding a new Subsection (c), and redesignating Subsections (c) and (d) of the original to Subsections (d) and (e), as follows: (c) Prohibits the department, unless otherwise directed by the General Appropriations Act, from increasing the number of commissioned officers assigned to enforce commercial vehicle rules under Sections 644.103 (Detention of Vehicles) and 644.104 (Inspection of Premises), Transportation Code, until the schedule developed under Subsection (a) has been fully implemented. (d) Establishes that the department "may not reduce the number of commissioned officers to comply with this section, unless otherwise directed by the General Appropriations Act," rather than "shall not reduce the number of commissioned officers to comply with this section." (e) Makes no change. The substitute differs from the original in SECTION 6 (Section 411.007(b), Government Code) by reorganizing proposed text regarding procedures for promoting commissioned officers to positions not governed by proposed Section 411.0071, Government Code. The substitute differs from the original in SECTION 6 (Section 411.007(f), Government Code) by requiring the commission to affirm or set aside a, rather than the, discharge on the basis of the evidence presented. Authorizes the discharged officer or employee, rather than officer, if the commission affirms the discharge, to seek judicial review in a district court under the substantial evidence standard of review. The substitute further differs from the original by providing that a noncommissioned employee inducted into the service of the department is on probation for the first one year of service, and an officer is on probation from the date the person is inducted into the service of the department until the anniversary of the date the person is commissioned, rather than a person inducted into the service of the department is on probation for the first one year of service and at any time during that period may be discharged. Authorizes a person, at any time during the probationary period, rather than that period, to be discharged without the public hearing provided for by this subsection if the director, with the advice and consent of the commission, finds the person to be unsuitable for the work. The substitute differs from the original in SECTION 7 (proposed Section 411.0071, Government Code) by authorizing the director to designate a head of a division or a position that involves working directly with the director as a management team position, rather than authorizing the director to designate a head of a division or a position that involves working directly with the director, other than the highest ranking officer of the Texas Rangers, as a management team position. The substitute also differs from the original in SECTION 7, in proposed Section 411.0072, by defining "employment-related grievance" to include among the employment-related issues, other than disciplinary action, in regard to which an employee wishes to express dissatisfaction, retaliation, relationships with supervisors or other employees, and any other issue specified by the commission, rather than retaliation, and relationships with supervisors or other employees or any other issue the commission determines by rule. The substitute differs from the original in SECTION 8 (Section 411.0195, Government Code) by making nonsubstantive changes to Subsection (e). The substitute differs from the original in SECTION 11 (proposed Section 411.244, Government Code) by requiring the director, rather than the commission, to establish the office of internal affairs. The substitute differs from the original by providing that the office of internal affairs has original departmental jurisdiction over all investigations, rather than may have original jurisdiction over all criminal investigations occurring on department property or involving department employees. The substitute differs from the original by adding Subsection (c) which authorizes an investigation under this section to be initiated only by the director or the commission. Redesignates Subsections (d) and (e) from proposed Subsections (c) and (d) of the original. The substitute differs from the original by adding Subsection (f), which requires the head of the office of internal affairs to present at each regularly scheduled commission meeting and at other appropriate times a summary of information relating to investigations conducted under this section that includes analysis of the number, type, and outcome of investigations, trends in the investigations, and recommendations to avoid future complaints. The substitute amends Section 502.409(a), Transportation Code in SECTION 12. This section was not addressed in the original. Please see the Section-by-Section Analysis for more information. The substitute adds Section 521.0461, Transportation Code in SECTION 13. This section was not addressed in the original. Please see the Section-by-Section Analysis for more information. The substitute differs from the original by redesignating SECTION 14 of the substitute from SECTION 13 of the original. The substitute differs from the original by redesignating SECTION 15 of the substitute from SECTION 14 of the original. The substitute differs from the original by redesignating SECTION 16 of the substitute from SECTION 15 of the original. The substitute differs from the original by redesignating SECTION 17 of the substitute from SECTION 16 of the original. The substitute differs from the original by redesignating SECTION 18 of the substitute from SECTION 17 of the original. The substitute adds SECTION 19 (Section 521.306(d), Transportation Code) to increase the reinstatement fee from $50 to $100. This section was not addressed in the original. The substitute differs from the original by redesignating SECTION 20 of the substitute from SECTION 18 of the original. The substitute modifies proposed Section 521.427, Transportation Code, to authorize the department to adopt rules regarding the method of payment of a fee for a license, personal identification card, or license card, rather than license or personal identification card, issued under this chapter. The substitute amends Section 548.051(a), Transportation Code, in SECTION 21. This section was not addressed in the original. Please see the Section-by-Section Analysis for more analysis. The substitute removes SECTION 21 of the original which required the commission 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; made application of this Act to a member of the commission during the term the member is serving on that date prospective; made changes in law made by Section 411.0071, Government Code relating to an appointment or promotion prospective; and provided that commissions issued under Section 411.023, Government Code, prior to the effective date of this Act, were not affected. The substitute amends Section 548.306, Transportation Code, in SECTION 22 by adding Subsections (k), (l), (m), and (n). This section was not addressed in the original. Please see the Section-by-Section Analysis for more information. The substitute amends Sections 548.405(a) and (c), Transportation Code, in SECTION 23. This section was not addressed in the original. Please see the Section-by-Section Analysis for more information. The substitute amends Section 548.407(l), Transportation Code, in SECTION 24. This section was not addressed in the original. Please see the Section-by-Section Analysis for more information. The substitute amends Section 548.408, Transportation Code, in SECTION 25. This section was not addressed in the original. Please see the Section-by-Section Analysis for more information. The substitute amends Section 548.501(a), Transportation Code, in SECTION 26. This section was not addressed in the original. Please see the Section-by-Section Analysis for more information. The substitute amends Section 548.601(a), Transportation Code, in SECTION 27. This section was not addressed in the original. Please see the Section-by-Section Analysis for more information. The substitute amends Section 548.602(a), Transportation Code, in SECTION 28. This section was not addressed in the original. Please see the Section-by-Section Analysis for more information. The substitute amends Section 601.376(a), Transportation Code, in SECTION 29. This section was not addressed in the original. Please see the Section-by-Section Analysis for more information. SECTION 30 of the substitute is redesignated from SECTION 19 of the original. SECTION 31 of the substitute is redesignated from SECTION 20 of the original. The substitute, in SECTION 32, amends Section 382.0374, Health and Safety Code. This section was not addressed in the original. Please see the Section-by-Section Analysis for more information. SECTION 33 of the substitute is redesignated from SECTION 12 of the original. Makes a nonsubstantive change. The contents of SECTION 34 of the substitute were not addressed by the original. Please see the Section-by-Section Analysis for more information. The contents of SECTION 35 of the substitute were not addressed in the original. Please see the Section-by-Section Analysis for more information. The contents of SECTION 36 of the substitute were not addressed in the original. Please see the Section-by-Section Analysis for more information. SECTION 37 (effective date) of the substitute is redesignated from SECTION 22 of the original. SECTION 38 (emergency clause) of the substitute is redesignated from SECTION 23 of the original.