SRC-DPW S.B. 370 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 370
76R842 AJA-DBy: Brown
Criminal Justice
3/29/1999
As Filed


DIGEST 

Currently, the Department of Public Safety (DPS) is subject to the Sunset
Act and will be abolished on September 1, 1999 unless continued by the
legislature.  In 1998, DPS had a budget of approximately $310 million and
employed 7,000 people.  This bill would amend Section 411.02(c), Government
Code, to continue DPS for 10 years, until September 1, 2009. 

PURPOSE

As proposed, S.B. 370 authorizes the continuation and functions of the
Texas Department of Public Safety of the State of Texas.   

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Public Safety Commission in SECTIONS
8, 17, and19 (Sections 411.0072(a) - (c), 411.0074(a), 411.0131(a),
Government Code, and Sections 521.427(a) and 644.104(c), Transportation
Code); the Department of Public Safety and the Texas Department of Public
Safety in SECTION 8  (Sections 411.0098(a) and (c), Government Code ), and
the Department of Public Safety in SECTION 12 (Section 521.103,
Transportation Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 411.002(c), Government Code, to provide that the
Department of Public Safety of the State of Texas (DPS) is abolished and
Subsections (a) and (b) expire September 1, 2009, rather than 1999, unless
continued in existence by Chapter 325 (Texas Sunset Act). 

SECTION 2. Amends Sections 411.003(b), anc (c), Government Code, to provide
that the Public Safety Commission (PSC) is composed of six, rather than
three, citizens of this state.  Provides that terms of two members expire
January 1 of each year, rather than one member's term.  Makes a conforming
change.   
SECTION 3. Amends Section 411.0036(c), Government Code, to set forth
procedures for notifying the governor and the attorney general of a
potential ground for removal of a member of PSC. 

SECTION 4. Amends Chapter 411A, Government Code, by adding Section 411.0031
and amending Section 411.004, as follows: 

Sec. 411.0031. TRAINING FOR COMMISSION MEMBERS.  Adds standard language
developed by the Sunset Advisory Commission regarding the training for
commission members.  
Sec. 411.004. DUTIES AND POWERS OF COMMISSION. Deletes text regarding the
required provision of information regarding qualifications for office.   

SECTION 5. Amends Sections 411.005(b) and (c), Government Code, to
authorize the public safety director (PSD), rather than the PSC, to appoint
an assistant director, with the advice of the PSC. Provides that the
assistant director serves until removed by the PSD.  Requires the PSD to
select the assistant director on the basis of the person's qualifications
for the position.  Makes conforming changes. 

SECTION 6. Amends Chapter 411A, Government Code, by amending Sections
411.006 and adding Section 411.0061, as follows: 


 Sec. 411.006. DUTIES OF DIRECTOR. Adds standard language developed by the
Sunset Advisory Commission regarding qualifications for office and
employment.   

Sec. 411.0061. COMMERCIAL CARRIER INSPECTIONS: IMPLEMENTATION SCHEDULE FOR
NONCOMMISSIONED PERSONNEL.  Requires the PSD to develop a schedule to phase
in the use of noncommissioned staff assigned to enforce commercial motor
vehicle rules over a five-year period beginning January 1, 2000.  Requires
a report that provides details of the schedule to be filed with the
Legislative Budget Board with each legislative appropriations request of
the DPS.  Provides that this section expires January 1, 2005. 

SECTION 7. Amends Section 411.007(e), Government Code, to prohibit the DPS
from discharging, suspending, or demoting a commissioned officer except for
the violation of a specific PSC rule, except as provided by Subsection (f).
Makes a nonsubstantive change. 

SECTION 8. Amends Chapter 411A, Government Code, by adding Sections
411.0071 - 411.0074, 411.0098, 411.0099, and 411.0131, as follows: 

Sec. 411.0071. DIRECT APPOINTMENT TO KEY POSITIONS BY DIRECTOR. Authorizes
the PSD 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 key position. Authorizes the PSD to appoint a
person to a key position under criteria determined by the PSD and approved
by the PSC.  Provides that the transfer of a person to or from a key
position is not subject to Section 411.007.  Requires a person to return to
the position held prior to assignment to a key position or to a position of
equivalent rank, upon removal from a key position. Provides that this
subsection applies only to persons not removed for a formal charge of
misconduct.   

Sec. 411.0072. HEARING BEFORE COMMISSION SUBCOMMITTEE.  Authorizes the PSC,
by rule, to authorize a subcommittee composed of PSC members to conduct
public hearings to which an officer or employee is entitled or regarding
any other disputed personnel action that the PSC has discretion to hear.
Requires a subcommittee to recommend to the PSC an outcome in a dispute and
requires an approval from a majority of the PSC to become effective.   

Sec. 411.0073. EMPLOYMENT-RELATED GRIEVANCES AND APPEALS OF DISCIPLINARY
ACTIONS WITHIN THE DEPARTMENT. Defines "disciplinary action" and
"employment-related grievance."  Requires the PSC, by rule, to establish
procedures and practices that govern an appeal of a disciplinary action
within the DPS and through which DPS will address an employment-related
grievance.  Requires the DPS to annually submit to the PSC a report on
DPS's use of the employment grievance process. Requires the report to
include certain information.   

Sec. 411.0074. MEDIATION OF PERSONNEL DISPUTES. Requires the PSC, by rule,
to provide a means for an employee to appeal a disciplinary action or
resolve an employmentrelated grievance through mediation if the employee
chooses.  Requires the rules to establish mediation procedures and
circumstances under which mediation is appropriate for an
employment-related grievance.  Provides that Chapter 2008, as added by
Chapter 934, Acts of the 75th Legislature, Regular Session, 1997, does not
apply to the mediation, except for Section 2008.054.  Requires a mediator
to be trained in mediation techniques.  Entitles an employee who chooses
mediation to services of a mediator not employed by the DPS.  Provides that
an employee who chooses to use mediation to appeal a disciplinary action or
resolve an employment-related grievance waives the right to appeal under
Section 411.007 or 411.0073 or to use the grievance process established
under Section 411.0073.   

Sec. 411.0098. MEMORANDUM OF UNDERSTANDING WITH DEPARTMENT OF
TRANSPORTATION. Requires DPS and the Texas Department of Transportation
(TxDOT) to adopt, by rule, a memorandum of understanding on coordinating
the development of transportation infrastructure projects that affect both
agencies.  Requires the memorandum to allow DPS to provide comments to
TxDOT regarding planning efforts that affect traffic law enforcement,
require DPS and TxDOT to define their respective roles in transportation
efforts, and require DPS and TxDOT to develop a plan regarding federal
funds that affect enforcement  efforts.   Requires DPS and TxDOT to update
the memorandum of understanding as necessary and adopt all revisions to the
memorandum by rule.   

Sec. 411.0099. NEEDS ASSESSMENT FOR ENFORCEMENT OF COMMERCIAL MOTOR VEHICLE
RULES. Requires DPS to conduct a long-term needs assessment for the
enforcement of commercial motor rules that considers certain items at a
minimum.  Requires DPS to submit a biennial report, in conjunction with a
DPS legislative appropriations request, to legislative committees with
primary jurisdiction over state budgetary matters and the Texas
Transportation Commission that reflects the results of the needs
assessment.   

Sec. 411.0131. USE OF SEIZED AND FORFEITED ASSETS. Requires the PSC, by
rule, to establish a process for approving DPS's disposition of seized or
forfeited assets.  Requires the PSC to consider how the disposition
supports priorities  in the strategic plan of DPS and determine if such
disposition complies with applicable federal guidelines.  Requires DPS to
annually file a report, required to include certain information, with the
governor and presiding officer of each house of the legislature.  Requires
DPS to report and justify certain dispositions within 30 days after the end
of each quarter.  

SECTION 9. Amends Section 411.0195, Government Code, by amending
Subsections (c) and (d) and adding Subsection (e), to require DPS to
maintain a file, required to include certain information, on each written
complaint filed with DPS.  Requires DPS to provide to parties involved with
a complaint a copy of DPS policies and procedures relating to complaint
investigation and resolution.  Requires DPS to notify parties involved in a
complaint of the status of the investigation unless the notice would
jeopardize an undercover investigation.  Deletes text regarding information
kept in a complaint file. Deletes provision regarding required DPS notice
of final disposition.   

SECTION 10. Amends Chapter 411, Government Code, by adding Subchapter I, as
follows: 

SUBCHAPTER I. INTERNAL OVERSIGHT

Sec. 411.241. OFFICE OF AUDIT AND REVIEW. Requires DPS to establish the
office of audit and review (OAR) which is required to coordinate activities
designed to promote effectiveness in departmental operations and to keep
PSC and the legislature fully informed about deficiencies with DPS.  Sets
forth required duties of OAR. 

Sec. 411.242. DIRECTOR OF AUDIT AND REVIEW. Requires the PSC to appoint a
director of OAR (director) to serve until removed by PSC.  Requires the
director to satisfy the requirements to be the agency's internal auditor
under Section 2102.006(b) and is considered to be the agency's internal
auditor for the purposes of Chapter 2102.  Requires DPS to provide the
director with any information necessary to fulfill the purposes of this
section and Section 411.243.  Requires the director to determine which
audits and inspections to perform, with the consent of PSC, and may publish
findings and recommendations.  Requires the director to report to the PSC
regarding planned audits and inspections and their status, and to report to
the director for administrative purposes (DAP) and keep DAP informed of the
OAR's findings. 

Sec. 411.243. POWERS AND DUTIES. Sets forth required duties of OAR.

Sec. 411.244. INTERNAL AFFAIRS. Requires PSC to establish the office of
internal affairs (OIA).  Provides that OIA has original jurisdiction over
all criminal investigations occurring on DPS property or involving on-duty
DPS employees.  Requires OIA to coordinate all investigations under this
section.  Requires the commission to appoint a head of the OIA (head) to
serve until removed by the PSC.  Requires the head to report to PSC on
investigations, to the report to DAP and provide information regarding
information as appropriate.   

SECTION 11. Amends 521.101(d), Transportation Code, to delete text
regarding a renewal or duplicate personal identification certificate.   

SECTION 12. Amends Chapter 521E, Transportation Code, by adding Section
521.103, as follows: 

Sec. 521.103. RENEWAL BY MAIL OR ELECTRONIC MEANS.  Authorizes DPS, by
rule, to provide that the holder of a personal identification certificate
may renew the certificate by  mail, by telephone, over the Internet, or by
other electronic means.  Authorizes a rule under this section to prescribe
eligibility standards for renewal under this section. 

SECTION 13. Amends Section 521.141(a), Transportation Code, to delete text
regarding a renewal of a driver's license. 

SECTION 14. Amends Section 521.1425, Transportation Code, to make
conforming and nonsubstantive changes.   

SECTION 15. Amends Section 521.143(a), Transportation Code, to make a
conforming change. 

SECTION 16. Amends Section 521.274, Transportation Code, as follows:

Sec. 521.274. New heading: RENEWAL BY MAIL OR ELECTRONIC MEANS.  Authorizes
DPS to provide, by rule, that a holder of a driver's license may renew the
license by telephone, over the Internet, or by other electronic means.
Authorizes a rule adopted under this section, rather than subsection, to
prescribe eligibility standards for renewal under this section.  Deletes
text prohibiting renewal of certain licenses under this subsection. 

SECTION 17. Amends Chapter 521R, Transportation Code, by adding Section
521.427, as follows: 

Sec. 521.427. METHOD OF PAYMENT OF FEES. Authorizes PSC to adopt rules
regarding the method of payment of a fee for a license or personal
identification card.  Authorizes the rules to authorize payment by certain
means, under circumstances prescribed by DPS. Authorizes the rules to
require the payment of a discount or a service charge for a credit card
payment in addition to a fee. 

SECTION 18. Amends Section 644.103, Transportation Code, by adding
Subsections (d) and (e), to authorize a noncommissioned DPS employee
certified by the public safety director and supervised by an officer, to
enter into a vehicle that is subject to this chapter.  Requires a
supervising officer to take action if an employee's inspection shows that
enforcement action is warranted.  Requires the training and requirements
for a noncommissioned DPS employee under this section to be the same as
those for officers who enforce this chapter, except for those regarding
peace officers.   

SECTION 19. Amends Section 644.104, Transportation Code, by adding
Subsections (c) and (d), to prohibit DPS from using an officer to conduct
an inspection unless the inspection involves a situation determined by PSC
to require the use of an officer. Makes a conforming change. 

SECTION 20. Requires the governor to appoint three new members to PSC with
one term expiring January 1, 2000, another January 1, 2002, and the last
expiring January 1, 2004.  Provides that a quorum of PSC is a majority of
the number of members who have taken office, until all members are
appointed.  Requires PSC and TxDOT to adopt rules necessary to implement
the changes in law made by this Act before January 1, 2000.  Requires PSC
to adopt rules regarding the use of mediation as added by this Act before
January 1, 2000.  Provides that Section 411.0031, Government Code, does not
apply to a PSC member appointed before the effective date of this Act
during the term the member is serving on that effective date.  Provides
that changes made by Section 411.0071, Government Code, apply only to
appointments made after the effective date.  Provides that a person
appointed to a key position before the effective date retains all rights
related to the position after the effective date.   

SECTION 21. Effective date: September 1, 1999.

SECTION 22. Emergency clause.