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.