76R11604 PEP-D
By Grusendorf, Goodman, Hinojosa H.B. No. 1939
Substitute the following for H.B. No. 1939:
By Smith C.S.H.B. No. 1939
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requirements and procedures concerning driver's
1-3 licenses or personal identification certificates for persons
1-4 subject to sex offender registration.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 42, Code of Criminal Procedure, is
1-7 amended by adding Article 42.016 to read as follows:
1-8 Art. 42.016. SPECIAL DRIVER'S LICENSE OR IDENTIFICATION
1-9 REQUIREMENTS FOR CERTAIN SEX OFFENDERS. If a person is convicted
1-10 of, receives a grant of deferred adjudication for, or is
1-11 adjudicated as having engaged in delinquent conduct based on a
1-12 violation of an offense for which a conviction or adjudication
1-13 requires registration as a sex offender under Chapter 62, as added
1-14 by Chapter 668, Acts of the 75th Legislature, Regular Session,
1-15 1997, the court shall:
1-16 (1) issue an order requiring the Texas Department of
1-17 Public Safety to include in any driver's license record or personal
1-18 identification certificate record maintained by the department for
1-19 the person an indication that the person is subject to the
1-20 registration requirements of Chapter 62, as added by Chapter 668,
1-21 Acts of the 75th Legislature, Regular Session, 1997;
1-22 (2) require the person to apply to the Texas
1-23 Department of Public Safety in person for an original or renewal
1-24 driver's license or personal identification certificate not later
2-1 than the 30th day after the date the person is released or the date
2-2 the department sends written notice to the person of the
2-3 requirements of Article 62.065, as applicable, and to annually
2-4 renew the license or certificate;
2-5 (3) notify the person of the consequence of the
2-6 conviction or order of deferred adjudication as it relates to the
2-7 order issued under this article; and
2-8 (4) send to the Texas Department of Public Safety a
2-9 copy of the record of conviction, a copy of the order granting
2-10 deferred adjudication, or a copy of the juvenile adjudication, as
2-11 applicable, and a copy of the order issued under this article.
2-12 SECTION 2. Article 62.03(a), Code of Criminal Procedure, is
2-13 amended to read as follows:
2-14 (a) Before a person who will be subject to registration
2-15 under this chapter is due to be released from a penal institution,
2-16 an official of the penal institution shall:
2-17 (1) inform the person that:
2-18 (A) not later than the seventh day after the
2-19 date on which the person is released or the date on which the
2-20 person moves from a previous residence to a new residence in this
2-21 state, the person must:
2-22 (i) register or verify registration with
2-23 the local law enforcement authority in the municipality or county
2-24 in which the person intends to reside; or
2-25 (ii) if the person has not moved to an
2-26 intended residence, report to the juvenile probation officer,
2-27 community supervision and corrections department officer, or parole
3-1 officer supervising the person;
3-2 (B) not later than the seventh day before the
3-3 date on which the person moves to a new residence in this state or
3-4 another state, the person must report in person to the local law
3-5 enforcement authority with whom the person last registered and to
3-6 the juvenile probation officer, community supervision and
3-7 corrections department officer, or parole officer supervising the
3-8 person; [and]
3-9 (C) not later than the 10th day after the date
3-10 on which the person arrives in another state in which the person
3-11 intends to reside, the person must register with the law
3-12 enforcement agency that is identified by the department as the
3-13 agency designated by that state to receive registration
3-14 information, if the other state has a registration requirement for
3-15 sex offenders; and
3-16 (D) not later than the 30th day after the date
3-17 on which the person is released, the person must apply to the
3-18 department in person for the issuance of an original or renewal
3-19 driver's license or personal identification certificate and a
3-20 failure to apply to the department as required by this paragraph
3-21 results in the automatic revocation of any driver's license or
3-22 personal identification certificate issued by the department to the
3-23 person;
3-24 (2) require the person to sign a written statement
3-25 that the person was informed of the person's duties as described by
3-26 Subdivision (1) or, if the person refuses to sign the statement,
3-27 certify that the person was so informed;
4-1 (3) obtain the address where the person expects to
4-2 reside on the person's release and other registration information,
4-3 including a photograph and complete set of fingerprints; and
4-4 (4) complete the registration form for the person.
4-5 SECTION 3. Chapter 62, Code of Criminal Procedure, as added
4-6 by Chapter 668, Acts of the 75th Legislature, Regular Session,
4-7 1997, is amended by adding Articles 62.065 and 62.085 to read as
4-8 follows:
4-9 Art. 62.065. REQUIREMENTS RELATING TO DRIVER'S LICENSE OR
4-10 PERSONAL IDENTIFICATION CERTIFICATE. (a) A person subject to
4-11 registration under this chapter shall apply to the department in
4-12 person for the issuance of an original or renewal driver's license
4-13 under Section 521.272, Transportation Code, or for a personal
4-14 identification certificate under Section 521.103, Transportation
4-15 Code, not later than the 30th day after the date:
4-16 (1) the person is released from a penal institution or
4-17 is released by a court on juvenile probation or community
4-18 supervision; or
4-19 (2) the department sends written notice to the person
4-20 of the requirements of this article.
4-21 (b) The person shall annually renew in person each driver's
4-22 license or personal identification certificate issued by the
4-23 department to the person, including each renewal, duplicate, or
4-24 corrected license or certificate, until the person's duty to
4-25 register under this chapter expires.
4-26 (c) The department shall determine from its records which
4-27 persons required to register under this chapter are under the
5-1 supervision and control of a juvenile probation office or an agency
5-2 or entity operating under contract with a juvenile probation
5-3 office, a community supervision and corrections department, or the
5-4 pardons and paroles division of the Texas Department of Criminal
5-5 Justice and shall provide written notice of the requirements of
5-6 this article to each of those persons by not later than October 30,
5-7 2000. This subsection expires January 1, 2001.
5-8 Art. 62.085. INFORMATION PROVIDED TO PEACE OFFICER. The
5-9 department shall establish a procedure by which a peace officer or
5-10 employee of a law enforcement agency who provides the department
5-11 with a driver's license, personal identification certificate, or
5-12 license plate number is automatically provided information as to
5-13 whether the person to whom the driver's license or personal
5-14 identification certificate is issued is required to register under
5-15 this chapter or whether the license plate number is entered in the
5-16 computerized central database under Article 62.08 as assigned to a
5-17 vehicle owned or driven by a person required to register under this
5-18 chapter.
5-19 SECTION 4. Subchapter C, Chapter 521, Transportation Code,
5-20 is amended by adding Section 521.057 to read as follows:
5-21 Sec. 521.057. INFORMATION REGARDING CERTAIN SEX OFFENDERS.
5-22 (a) On receipt of a court order issued under Article 42.016, Code
5-23 of Criminal Procedure, the department shall ensure that any
5-24 driver's license record or personal identification certificate
5-25 record maintained by the department for the person includes an
5-26 indication that the person is subject to the registration
5-27 requirements of Chapter 62, Code of Criminal Procedure, as added by
6-1 Chapter 668, Acts of the 75th Legislature, Regular Session, 1997.
6-2 (b) The department shall include the indication required by
6-3 Subsection (a) in any driver's license record or personal
6-4 identification certificate record maintained by the department for
6-5 the person until the expiration of the person's duty to register
6-6 under Chapter 62, Code of Criminal Procedure, as added by Chapter
6-7 668, Acts of the 75th Legislature, Regular Session, 1997.
6-8 SECTION 5. Section 521.101, Transportation Code, is amended
6-9 by adding Subsections (h) and (i) to read as follows:
6-10 (h) The department shall automatically revoke each personal
6-11 identification certificate issued by the department to a person
6-12 who:
6-13 (1) is subject to the registration requirements of
6-14 Chapter 62, Code of Criminal Procedure, as added by Chapter 668,
6-15 Acts of the 75th Legislature, Regular Session, 1997; and
6-16 (2) fails to apply to the department for renewal of
6-17 the personal identification certificate as required by Article
6-18 62.065, Code of Criminal Procedure.
6-19 (i) The department may issue a personal identification
6-20 certificate to a person whose certificate is revoked under
6-21 Subsection (h) only if the person applies for an original or
6-22 renewal certificate under Section 521.103.
6-23 SECTION 6. Subchapter E, Chapter 521, Transportation Code,
6-24 is amended by adding Section 521.103 to read as follows:
6-25 Sec. 521.103. EXPIRATION AND RENEWAL REQUIREMENTS FOR
6-26 CERTAIN SEX OFFENDERS. (a) The department may issue an original
6-27 or renewal personal identification certificate to a person whose
7-1 driver's license or personal identification certificate record
7-2 indicates that the person is subject to the registration
7-3 requirements of Chapter 62, Code of Criminal Procedure, as added by
7-4 Chapter 668, Acts of the 75th Legislature, Regular Session, 1997,
7-5 only if the person:
7-6 (1) applies in person for the issuance of a
7-7 certificate under this section; and
7-8 (2) pays a fee of $5.
7-9 (b) A personal identification certificate issued under this
7-10 section, including a renewal, duplicate, or corrected certificate,
7-11 expires on the first birthday of the certificate holder occurring
7-12 after the date of application, except that the initial certificate
7-13 issued under this section expires on the second birthday of the
7-14 certificate holder occurring after the date of application.
7-15 SECTION 7. Subchapter M, Chapter 521, Transportation Code,
7-16 is amended by adding Section 521.272 to read as follows:
7-17 Sec. 521.272. RENEWAL OF LICENSE ISSUED TO CERTAIN SEX
7-18 OFFENDERS. (a) The department may issue an original or renewal
7-19 driver's license to a person whose driver's license or personal
7-20 identification certificate record indicates that the person is
7-21 subject to the registration requirements of Chapter 62, Code of
7-22 Criminal Procedure, as added by Chapter 668, Acts of the 75th
7-23 Legislature, Regular Session, 1997, only if the person:
7-24 (1) applies in person for the issuance of a license
7-25 under this section; and
7-26 (2) pays a fee of $5.
7-27 (b) Notwithstanding Section 521.143, a person is not
8-1 required to provide proof of financial responsibility to receive
8-2 the person's initial driver's license under this section.
8-3 (c) Notwithstanding Section 521.271, a driver's license
8-4 issued under this section, including a renewal, duplicate, or
8-5 corrected license, expires on the first birthday of the license
8-6 holder occurring after the date of application, except that the
8-7 initial license issued under this section expires on the second
8-8 birthday of the license holder occurring after the date of
8-9 application.
8-10 SECTION 8. Section 521.274(b), Transportation Code, is
8-11 amended to read as follows:
8-12 (b) A rule adopted under this subsection may not permit
8-13 renewal by mail of:
8-14 (1) a provisional license;
8-15 (2) an occupational license; or
8-16 (3) a driver's license if the license holder's:
8-17 (A) driving record as maintained by the
8-18 department shows that the holder, within the four years preceding
8-19 the date of the renewal application, has been convicted of:
8-20 (i) [(A)] a moving violation, as defined
8-21 by department rule, in this state; or
8-22 (ii) [(B)] an offense described by
8-23 Subchapter O; or
8-24 (B) driver's license record or personal
8-25 identification certificate record indicates that the holder is
8-26 subject to the registration requirements of Chapter 62, Code of
8-27 Criminal Procedure, as added by Chapter 668, Acts of the 75th
9-1 Legislature, Regular Session, 1997.
9-2 SECTION 9. Subchapter O, Chapter 521, Transportation Code,
9-3 is amended by adding Section 521.348 to read as follows:
9-4 Sec. 521.348. AUTOMATIC REVOCATION FOR CERTAIN SEX
9-5 OFFENDERS. (a) A driver's license is automatically revoked if the
9-6 holder of the license:
9-7 (1) is subject to the registration requirements of
9-8 Chapter 62, Code of Criminal Procedure, as added by Chapter 668,
9-9 Acts of the 75th Legislature, Regular Session, 1997; and
9-10 (2) fails to apply to the department for renewal of
9-11 the license as required by Article 62.065, Code of Criminal
9-12 Procedure.
9-13 (b) The department may issue a driver's license to a person
9-14 whose license is revoked under this section only if the person:
9-15 (1) applies for an original or renewal license under
9-16 Section 521.272; and
9-17 (2) is otherwise qualified for the license.
9-18 SECTION 10. (a) The change in law made by this Act applies
9-19 only to a person who, with respect to an offense listed in Article
9-20 62.01(5), Code of Criminal Procedure, on or after the effective
9-21 date of this Act:
9-22 (1) is confined in a penal institution, as that term
9-23 is defined by Article 62.01(3), Code of Criminal Procedure; or
9-24 (2) is under the supervision and control of a juvenile
9-25 probation office or an agency or entity operating under contract
9-26 with a juvenile probation office, the Texas Youth Commission, a
9-27 community supervision and corrections department, or the pardons
10-1 and paroles division of the Texas Department of Criminal Justice.
10-2 (b) A person who, on the effective date of this Act, is not
10-3 described by Subsection (a)(1) or (2) of this section is covered by
10-4 the law in effect before the effective date of this Act, and the
10-5 former law is continued in effect for that purpose.
10-6 SECTION 11. This Act takes effect September 1, 2000.
10-7 SECTION 12. The importance of this legislation and the
10-8 crowded condition of the calendars in both houses create an
10-9 emergency and an imperative public necessity that the
10-10 constitutional rule requiring bills to be read on three several
10-11 days in each house be suspended, and this rule is hereby suspended.