1-1 By: Grusendorf (Senate Sponsor - Harris) H.B. No. 1939
1-2 (In the Senate - Received from the House May 13, 1999;
1-3 May 14, 1999, read first time and referred to Committee on
1-4 Administration; May 14, 1999, reported favorably by the following
1-5 vote: Yeas 3, Nays 0; May 14, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to requirements and procedures concerning driver's
1-9 licenses or personal identification certificates for persons
1-10 subject to sex offender registration.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Chapter 42, Code of Criminal Procedure, is
1-13 amended by adding Article 42.016 to read as follows:
1-14 Art. 42.016. SPECIAL DRIVER'S LICENSE OR IDENTIFICATION
1-15 REQUIREMENTS FOR CERTAIN SEX OFFENDERS. If a person is convicted
1-16 of, receives a grant of deferred adjudication for, or is
1-17 adjudicated as having engaged in delinquent conduct based on a
1-18 violation of an offense for which a conviction or adjudication
1-19 requires registration as a sex offender under Chapter 62, as added
1-20 by Chapter 668, Acts of the 75th Legislature, Regular Session,
1-21 1997, the court shall:
1-22 (1) issue an order requiring the Texas Department of
1-23 Public Safety to include in any driver's license record or personal
1-24 identification certificate record maintained by the department for
1-25 the person an indication that the person is subject to the
1-26 registration requirements of Chapter 62, as added by Chapter 668,
1-27 Acts of the 75th Legislature, Regular Session, 1997;
1-28 (2) require the person to apply to the Texas
1-29 Department of Public Safety in person for an original or renewal
1-30 driver's license or personal identification certificate not later
1-31 than the 30th day after the date the person is released or the date
1-32 the department sends written notice to the person of the
1-33 requirements of Article 62.065, as applicable, and to annually
1-34 renew the license or certificate;
1-35 (3) notify the person of the consequence of the
1-36 conviction or order of deferred adjudication as it relates to the
1-37 order issued under this article; and
1-38 (4) send to the Texas Department of Public Safety a
1-39 copy of the record of conviction, a copy of the order granting
1-40 deferred adjudication, or a copy of the juvenile adjudication, as
1-41 applicable, and a copy of the order issued under this article.
1-42 SECTION 2. Article 62.03(a), Code of Criminal Procedure, is
1-43 amended to read as follows:
1-44 (a) Before a person who will be subject to registration
1-45 under this chapter is due to be released from a penal institution,
1-46 an official of the penal institution shall:
1-47 (1) inform the person that:
1-48 (A) not later than the seventh day after the
1-49 date on which the person is released or the date on which the
1-50 person moves from a previous residence to a new residence in this
1-51 state, the person must:
1-52 (i) register or verify registration with
1-53 the local law enforcement authority in the municipality or county
1-54 in which the person intends to reside; or
1-55 (ii) if the person has not moved to an
1-56 intended residence, report to the juvenile probation officer,
1-57 community supervision and corrections department officer, or parole
1-58 officer supervising the person;
1-59 (B) not later than the seventh day before the
1-60 date on which the person moves to a new residence in this state or
1-61 another state, the person must report in person to the local law
1-62 enforcement authority with whom the person last registered and to
1-63 the juvenile probation officer, community supervision and
1-64 corrections department officer, or parole officer supervising the
2-1 person; [and]
2-2 (C) not later than the 10th day after the date
2-3 on which the person arrives in another state in which the person
2-4 intends to reside, the person must register with the law
2-5 enforcement agency that is identified by the department as the
2-6 agency designated by that state to receive registration
2-7 information, if the other state has a registration requirement for
2-8 sex offenders; and
2-9 (D) not later than the 30th day after the date
2-10 on which the person is released, the person must apply to the
2-11 department in person for the issuance of an original or renewal
2-12 driver's license or personal identification certificate and a
2-13 failure to apply to the department as required by this paragraph
2-14 results in the automatic revocation of any driver's license or
2-15 personal identification certificate issued by the department to the
2-16 person;
2-17 (2) require the person to sign a written statement
2-18 that the person was informed of the person's duties as described by
2-19 Subdivision (1) or, if the person refuses to sign the statement,
2-20 certify that the person was so informed;
2-21 (3) obtain the address where the person expects to
2-22 reside on the person's release and other registration information,
2-23 including a photograph and complete set of fingerprints; and
2-24 (4) complete the registration form for the person.
2-25 SECTION 3. Chapter 62, Code of Criminal Procedure, as added
2-26 by Chapter 668, Acts of the 75th Legislature, Regular Session,
2-27 1997, is amended by adding Articles 62.065 and 62.085 to read as
2-28 follows:
2-29 Art. 62.065. REQUIREMENTS RELATING TO DRIVER'S LICENSE OR
2-30 PERSONAL IDENTIFICATION CERTIFICATE. (a) A person subject to
2-31 registration under this chapter shall apply to the department in
2-32 person for the issuance of an original or renewal driver's license
2-33 under Section 521.272, Transportation Code, or for a personal
2-34 identification certificate under Section 521.103, Transportation
2-35 Code, not later than the 30th day after the date:
2-36 (1) the person is released from a penal institution or
2-37 is released by a court on juvenile probation or community
2-38 supervision; or
2-39 (2) the department sends written notice to the person
2-40 of the requirements of this article.
2-41 (b) The person shall annually renew in person each driver's
2-42 license or personal identification certificate issued by the
2-43 department to the person, including each renewal, duplicate, or
2-44 corrected license or certificate, until the person's duty to
2-45 register under this chapter expires.
2-46 (c) The department shall determine from its records which
2-47 persons required to register under this chapter are under the
2-48 supervision and control of a juvenile probation office or an agency
2-49 or entity operating under contract with a juvenile probation
2-50 office, a community supervision and corrections department, or the
2-51 pardons and paroles division of the Texas Department of Criminal
2-52 Justice and shall provide written notice of the requirements of
2-53 this article to each of those persons by not later than October 30,
2-54 2000. This subsection expires January 1, 2001.
2-55 Art. 62.085. INFORMATION PROVIDED TO PEACE OFFICER. The
2-56 department shall establish a procedure by which a peace officer or
2-57 employee of a law enforcement agency who provides the department
2-58 with a driver's license, personal identification certificate, or
2-59 license plate number is automatically provided information as to
2-60 whether the person to whom the driver's license or personal
2-61 identification certificate is issued is required to register under
2-62 this chapter or whether the license plate number is entered in the
2-63 computerized central database under Article 62.08 as assigned to a
2-64 vehicle owned or driven by a person required to register under this
2-65 chapter.
2-66 SECTION 4. Subchapter C, Chapter 521, Transportation Code,
2-67 is amended by adding Section 521.057 to read as follows:
2-68 Sec. 521.057. INFORMATION REGARDING CERTAIN SEX OFFENDERS.
2-69 (a) On receipt of a court order issued under Article 42.016, Code
3-1 of Criminal Procedure, the department shall ensure that any
3-2 driver's license record or personal identification certificate
3-3 record maintained by the department for the person includes an
3-4 indication that the person is subject to the registration
3-5 requirements of Chapter 62, Code of Criminal Procedure, as added by
3-6 Chapter 668, Acts of the 75th Legislature, Regular Session, 1997.
3-7 (b) The department shall include the indication required by
3-8 Subsection (a) in any driver's license record or personal
3-9 identification certificate record maintained by the department for
3-10 the person until the expiration of the person's duty to register
3-11 under Chapter 62, Code of Criminal Procedure, as added by Chapter
3-12 668, Acts of the 75th Legislature, Regular Session, 1997.
3-13 SECTION 5. Section 521.101, Transportation Code, is amended
3-14 by adding Subsections (h) and (i) to read as follows:
3-15 (h) The department shall automatically revoke each personal
3-16 identification certificate issued by the department to a person
3-17 who:
3-18 (1) is subject to the registration requirements of
3-19 Chapter 62, Code of Criminal Procedure, as added by Chapter 668,
3-20 Acts of the 75th Legislature, Regular Session, 1997; and
3-21 (2) fails to apply to the department for renewal of
3-22 the personal identification certificate as required by Article
3-23 62.065, Code of Criminal Procedure.
3-24 (i) The department may issue a personal identification
3-25 certificate to a person whose certificate is revoked under
3-26 Subsection (h) only if the person applies for an original or
3-27 renewal certificate under Section 521.103.
3-28 SECTION 6. Subchapter E, Chapter 521, Transportation Code,
3-29 is amended by adding Section 521.103 to read as follows:
3-30 Sec. 521.103. EXPIRATION AND RENEWAL REQUIREMENTS FOR
3-31 CERTAIN SEX OFFENDERS. (a) The department may issue an original
3-32 or renewal personal identification certificate to a person whose
3-33 driver's license or personal identification certificate record
3-34 indicates that the person is subject to the registration
3-35 requirements of Chapter 62, Code of Criminal Procedure, as added by
3-36 Chapter 668, Acts of the 75th Legislature, Regular Session, 1997,
3-37 only if the person:
3-38 (1) applies in person for the issuance of a
3-39 certificate under this section; and
3-40 (2) pays a fee of $5.
3-41 (b) A personal identification certificate issued under this
3-42 section, including a renewal, duplicate, or corrected certificate,
3-43 expires on the first birthday of the certificate holder occurring
3-44 after the date of application, except that the initial certificate
3-45 issued under this section expires on the second birthday of the
3-46 certificate holder occurring after the date of application.
3-47 SECTION 7. Subchapter M, Chapter 521, Transportation Code,
3-48 is amended by adding Section 521.272 to read as follows:
3-49 Sec. 521.272. RENEWAL OF LICENSE ISSUED TO CERTAIN SEX
3-50 OFFENDERS. (a) The department may issue an original or renewal
3-51 driver's license to a person whose driver's license or personal
3-52 identification certificate record indicates that the person is
3-53 subject to the registration requirements of Chapter 62, Code of
3-54 Criminal Procedure, as added by Chapter 668, Acts of the 75th
3-55 Legislature, Regular Session, 1997, only if the person:
3-56 (1) applies in person for the issuance of a license
3-57 under this section; and
3-58 (2) pays a fee of $5.
3-59 (b) Notwithstanding Section 521.143, a person is not
3-60 required to provide proof of financial responsibility to receive
3-61 the person's initial driver's license under this section.
3-62 (c) Notwithstanding Section 521.271, a driver's license
3-63 issued under this section, including a renewal, duplicate, or
3-64 corrected license, expires on the first birthday of the license
3-65 holder occurring after the date of application, except that the
3-66 initial license issued under this section expires on the second
3-67 birthday of the license holder occurring after the date of
3-68 application.
3-69 SECTION 8. Section 521.274(b), Transportation Code, is
4-1 amended to read as follows:
4-2 (b) A rule adopted under this subsection may not permit
4-3 renewal by mail of:
4-4 (1) a provisional license;
4-5 (2) an occupational license; or
4-6 (3) a driver's license if the license holder's:
4-7 (A) driving record as maintained by the
4-8 department shows that the holder, within the four years preceding
4-9 the date of the renewal application, has been convicted of:
4-10 (i) [(A)] a moving violation, as defined
4-11 by department rule, in this state; or
4-12 (ii) [(B)] an offense described by
4-13 Subchapter O; or
4-14 (B) driver's license record or personal
4-15 identification certificate record indicates that the holder is
4-16 subject to the registration requirements of Chapter 62, Code of
4-17 Criminal Procedure, as added by Chapter 668, Acts of the 75th
4-18 Legislature, Regular Session, 1997.
4-19 SECTION 9. Subchapter O, Chapter 521, Transportation Code,
4-20 is amended by adding Section 521.348 to read as follows:
4-21 Sec. 521.348. AUTOMATIC REVOCATION FOR CERTAIN SEX
4-22 OFFENDERS. (a) A driver's license is automatically revoked if the
4-23 holder of the license:
4-24 (1) is subject to the registration requirements of
4-25 Chapter 62, Code of Criminal Procedure, as added by Chapter 668,
4-26 Acts of the 75th Legislature, Regular Session, 1997; and
4-27 (2) fails to apply to the department for renewal of
4-28 the license as required by Article 62.065, Code of Criminal
4-29 Procedure.
4-30 (b) The department may issue a driver's license to a person
4-31 whose license is revoked under this section only if the person:
4-32 (1) applies for an original or renewal license under
4-33 Section 521.272; and
4-34 (2) is otherwise qualified for the license.
4-35 SECTION 10. (a) The change in law made by this Act applies
4-36 only to a person who, with respect to an offense listed in Article
4-37 62.01(5), Code of Criminal Procedure, on or after the effective
4-38 date of this Act:
4-39 (1) is confined in a penal institution, as that term
4-40 is defined by Article 62.01(3), Code of Criminal Procedure; or
4-41 (2) is under the supervision and control of a juvenile
4-42 probation office or an agency or entity operating under contract
4-43 with a juvenile probation office, the Texas Youth Commission, a
4-44 community supervision and corrections department, or the pardons
4-45 and paroles division of the Texas Department of Criminal Justice.
4-46 (b) A person who, on the effective date of this Act, is not
4-47 described by Subsection (a)(1) or (2) of this section is covered by
4-48 the law in effect before the effective date of this Act, and the
4-49 former law is continued in effect for that purpose.
4-50 SECTION 11. This Act takes effect September 1, 2000.
4-51 SECTION 12. The importance of this legislation and the
4-52 crowded condition of the calendars in both houses create an
4-53 emergency and an imperative public necessity that the
4-54 constitutional rule requiring bills to be read on three several
4-55 days in each house be suspended, and this rule is hereby suspended.
4-56 * * * * *