By Bosse H.B. No. 2204
76R842 AJA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the Department of
1-3 Public Safety of the State of Texas.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 411.002(c), Government Code, is amended
1-6 to read as follows:
1-7 (c) The Department of Public Safety of the State of Texas is
1-8 subject to Chapter 325 (Texas Sunset Act). Unless continued in
1-9 existence as provided by that chapter, the department is abolished
1-10 and Subsections (a) and (b) expire September 1, 2009 [1999].
1-11 SECTION 2. Sections 411.003(b) and (c), Government Code, are
1-12 amended to read as follows:
1-13 (b) The commission is composed of six [three] citizens of
1-14 this state appointed by the governor with the advice and consent of
1-15 the senate. Members must be selected because of their peculiar
1-16 qualifications for the position. Appointments to the commission
1-17 shall be made without regard to race, color, disability, sex,
1-18 religion, age, or national origin. In making an appointment the
1-19 governor shall consider, among other things, the person's knowledge
1-20 of laws, experience in the enforcement of law, honesty, integrity,
1-21 education, training, and executive ability.
1-22 (c) Members serve staggered six-year terms, with the terms
1-23 [term] of two members [one member] expiring January 1 of each
1-24 even-numbered year.
2-1 SECTION 3. Section 411.0036(c), Government Code, is amended
2-2 to read as follows:
2-3 (c) If the director has knowledge that a potential ground
2-4 for removal exists, the director shall notify the chairman of the
2-5 commission of the potential ground. The chairman shall then notify
2-6 the governor and the attorney general that a potential ground for
2-7 removal exists. If the potential ground for removal involves the
2-8 chairman, the director shall notify the next highest ranking
2-9 officer of the commission, who shall then notify the governor and
2-10 the attorney general that a potential ground for removal exists.
2-11 SECTION 4. Subchapter A, Chapter 411, Government Code, is
2-12 amended by adding Section 411.0031 and amending Section 411.004 to
2-13 read as follows:
2-14 Sec. 411.0031. TRAINING FOR COMMISSION MEMBERS. (a) A
2-15 person who is appointed to and qualifies for office as a member of
2-16 the commission may not vote, deliberate, or be counted as a member
2-17 in attendance at a meeting of the commission until the person
2-18 completes a training program that complies with this section.
2-19 (b) The training program must provide the person with
2-20 information regarding:
2-21 (1) the legislation that created the department and
2-22 the commission;
2-23 (2) the programs operated by the department;
2-24 (3) the role and functions of the department;
2-25 (4) the rules of the department, with an emphasis on
2-26 the rules that relate to disciplinary and investigatory authority;
2-27 (5) the current budget for the department;
3-1 (6) the results of the most recent formal audit of the
3-2 department;
3-3 (7) the requirements of:
3-4 (A) the open meetings law, Chapter 551;
3-5 (B) the public information law, Chapter 552;
3-6 (C) the administrative procedure law, Chapter
3-7 2001; and
3-8 (D) other laws relating to public officials,
3-9 including conflict of interest laws; and
3-10 (8) any applicable ethics policies adopted by the
3-11 department or the Texas Ethics Commission.
3-12 (c) A person appointed to the commission is entitled to
3-13 reimbursement, as provided by the General Appropriations Act, for
3-14 the travel expenses incurred in attending the training program
3-15 regardless of whether the attendance at the program occurs before
3-16 or after the person qualifies for office.
3-17 Sec. 411.004. DUTIES AND POWERS OF COMMISSION. The
3-18 commission shall:
3-19 (1) formulate plans and policies for:
3-20 (A) enforcement of state criminal, traffic, and
3-21 safety laws;
3-22 (B) prevention of crime;
3-23 (C) detection and apprehension of persons who
3-24 violate laws; and
3-25 (D) education of citizens of this state in the
3-26 promotion of public safety and the observance of law;
3-27 (2) organize the department and supervise its
4-1 operation;
4-2 (3) adopt rules considered necessary for carrying out
4-3 the department's work;
4-4 (4) maintain records of all proceedings and official
4-5 orders; and
4-6 (5) biennially submit a report of its work to the
4-7 governor and legislature, including the commission's and director's
4-8 recommendations[; and]
4-9 [(6) provide to its members, as often as necessary,
4-10 information regarding their qualifications for office under this
4-11 chapter and their responsibilities under applicable laws relating
4-12 to standards of conduct for state officers].
4-13 SECTION 5. Sections 411.005(b) and (c), Government Code, are
4-14 amended to read as follows:
4-15 (b) The director may [commission shall] appoint, with the
4-16 advice and consent of the commission, an assistant director who
4-17 shall perform the duties that the director designates. The
4-18 assistant director serves until removed by the director.
4-19 (c) The commission shall select the director, and the
4-20 director shall select the assistant director, on the basis of the
4-21 person's [persons'] training, experience, and qualifications for
4-22 the position [positions]. The director and assistant director must
4-23 have five years' experience, preferably in police or public
4-24 administration. The director and assistant director are entitled
4-25 to annual salaries as provided by the legislature.
4-26 SECTION 6. Subchapter A, Chapter 411, Government Code, is
4-27 amended by amending Section 411.006 and adding Section 411.0061 to
5-1 read as follows:
5-2 Sec. 411.006. DUTIES OF DIRECTOR. (a) The director shall:
5-3 (1) be directly responsible to the commission for the
5-4 conduct of the department's affairs;
5-5 (2) act as executive director of the department;
5-6 (3) act with the commission in an advisory capacity,
5-7 without vote;
5-8 (4) adopt rules, subject to commission approval,
5-9 considered necessary for the control of the department;
5-10 (5) issue commissions as law enforcement officers,
5-11 under the commission's direction, to all members of the Texas
5-12 Rangers and the Texas Highway Patrol and to other officers of the
5-13 department;
5-14 (6) appoint, with the advice and consent of the
5-15 commission, the chiefs of the bureaus provided for by this chapter;
5-16 (7) issue and sign requisitions as provided by law for
5-17 the purchase of supplies for the office and officers of the
5-18 department, suitable uniforms, arms, and equipment;
5-19 (8) quarterly, annually, and biennially submit to the
5-20 commission detailed reports of the operation of the department,
5-21 including statements of its expenditures; and
5-22 (9) prepare, swear to, submit to the governor, and
5-23 file in the department's records a quarterly statement containing
5-24 an itemized list of all money received and its source and all money
5-25 spent and the purposes for which it was spent.
5-26 (b) The director or the director's designee shall provide to
5-27 members of the commission and to department employees, as often as
6-1 necessary, information regarding the requirements for office or
6-2 employment under this chapter, including information regarding a
6-3 person's responsibilities under applicable laws relating to
6-4 standards of conduct for state officers or employees.
6-5 Sec. 411.0061. COMMERCIAL CARRIER INSPECTIONS:
6-6 IMPLEMENTATION SCHEDULE FOR NONCOMMISSIONED PERSONNEL. (a) The
6-7 director shall develop a schedule to phase in the use of
6-8 noncommissioned staff assigned to enforce commercial motor vehicle
6-9 rules under Sections 644.103 and 644.104, Transportation Code. The
6-10 schedule shall be implemented over a five-year period beginning
6-11 January 1, 2000.
6-12 (b) A report that provides details of the schedule shall be
6-13 filed with the Legislative Budget Board with each legislative
6-14 appropriations request of the department.
6-15 (c) This section expires January 1, 2005.
6-16 SECTION 7. Section 411.007(e), Government Code, is amended
6-17 to read as follows:
6-18 (e) An officer or employee of the department may not be
6-19 discharged without just cause. The director shall determine
6-20 whether an officer or employee is to be discharged. An officer or
6-21 employee ordered discharged may appeal to the commission, and
6-22 during the appeal the officer or employee shall be suspended
6-23 without pay. Except as provided by Subsection (f), the [The]
6-24 department may not discharge, suspend, or demote a commissioned
6-25 officer except for the violation of a specific commission rule. If
6-26 the department discharges, suspends, or demotes an officer, the
6-27 department shall deliver to the officer a written statement giving
7-1 the reasons for the action taken. The written statement must point
7-2 out each commission rule alleged to have been violated by the
7-3 officer and must describe the alleged acts of the officer that the
7-4 department contends are in violation of the commission rules. An
7-5 officer commissioned by the department may not be suspended,
7-6 terminated, or subjected to any form of discrimination by the
7-7 department because of the refusal of the officer to take a
7-8 polygraph examination.
7-9 SECTION 8. Subchapter A, Chapter 411, Government Code, is
7-10 amended by adding Sections 411.0071-411.0074, 411.0098, 411.0099,
7-11 and 411.0131 to read as follows:
7-12 Sec. 411.0071. DIRECT APPOINTMENT TO KEY POSITIONS BY
7-13 DIRECTOR. (a) The director may designate a head of a division or
7-14 a position that involves working directly with the director, other
7-15 than the highest ranking officer of the Texas Rangers, as a key
7-16 position.
7-17 (b) The director may directly appoint a person to a position
7-18 designated as a key position under Subsection (a) under criteria
7-19 determined by the director and approved by the commission. The
7-20 director's appointment of a person to a key position or transfer of
7-21 a person from a key position to another position for which the
7-22 person is qualified, as determined by the director, is not subject
7-23 to Section 411.007.
7-24 (c) A person appointed to a key position under this section,
7-25 on removal from that position, shall be returned to the position
7-26 the person held immediately before appointment to the key position
7-27 or to a position of equivalent rank. If a person is removed from a
8-1 key position as a result of the filing of a formal charge of
8-2 misconduct, this subsection applies only if the person is
8-3 exonerated for the misconduct charged.
8-4 Sec. 411.0072. HEARING BEFORE COMMISSION SUBCOMMITTEE. (a)
8-5 The commission by rule may authorize a subcommittee composed of
8-6 commission members to conduct a public hearing:
8-7 (1) to which an officer or employee is entitled under
8-8 Section 411.007; or
8-9 (2) regarding any other disputed personnel action that
8-10 the commission has discretion to hear, including a disciplinary
8-11 action appealed or employment-related grievance filed under Section
8-12 411.0073.
8-13 (b) A subcommittee of the commission that conducts a hearing
8-14 under this section shall recommend to the commission an outcome in
8-15 the dispute involved. The recommendation of the subcommittee must
8-16 be approved by a majority of the commission to become effective.
8-17 Sec. 411.0073. EMPLOYMENT-RELATED GRIEVANCES AND APPEALS OF
8-18 DISCIPLINARY ACTIONS WITHIN THE DEPARTMENT. (a) In this section:
8-19 (1) "Disciplinary action" means discharge, suspension,
8-20 or demotion.
8-21 (2) "Employment-related grievance" means an
8-22 employment-related issue, other than a disciplinary action, in
8-23 regard to which an employee wishes to express dissatisfaction,
8-24 including promotions, leave requests, performance evaluations,
8-25 transfers, benefits, working environment, shift or duty
8-26 assignments, harassment, retaliation, and relationships with
8-27 supervisors or other employees.
9-1 (b) The commission by rule shall establish procedures and
9-2 practices governing the appeal of a disciplinary action within the
9-3 department.
9-4 (c) The commission by rule shall establish procedures and
9-5 practices through which the department will address an
9-6 employment-related grievance that include:
9-7 (1) a form on which an employee may state an
9-8 employment-related grievance and request a specific corrective
9-9 action;
9-10 (2) time limits for submitting a grievance and for
9-11 management to respond to a grievance;
9-12 (3) a multilevel process in which an employee's
9-13 grievance is submitted to the lowest appropriate level of
9-14 management, with each subsequent appeal submitted to a higher level
9-15 in the chain of command;
9-16 (4) an assurance that confidentiality of all parties
9-17 involved will be maintained, except to the extent that information
9-18 that is subject to required public disclosure under the public
9-19 information law, Chapter 552, is released in response to an open
9-20 records request, and that retaliation against an employee who files
9-21 a grievance is prohibited; and
9-22 (5) a program to advertise and explain the grievance
9-23 procedure to all employees.
9-24 (d) The department shall submit annually to the commission,
9-25 and as part of its biennial report to the legislature required
9-26 under Section 411.004, a report on the department's use of the
9-27 employment-related grievance process under Subsection (c). The
10-1 report must include:
10-2 (1) the number of grievances filed;
10-3 (2) a brief description of the subject of each
10-4 grievance filed; and
10-5 (3) the final disposition of each grievance.
10-6 Sec. 411.0074. MEDIATION OF PERSONNEL DISPUTES. (a) The
10-7 commission by rule shall provide a means for an employee to appeal
10-8 a disciplinary action covered by Section 411.007 or 411.0073 or
10-9 resolve an employment-related grievance covered by Section 411.0073
10-10 through mediation if the employee chooses. The rules must
10-11 establish the mediation procedures. The rules must also establish
10-12 the circumstances under which mediation is appropriate for an
10-13 employment-related grievance.
10-14 (b) Except for Section 2008.054, Chapter 2008, as added by
10-15 Chapter 934, Acts of the 75th Legislature, Regular Session, 1997,
10-16 does not apply to the mediation. The mediator must be trained in
10-17 mediation techniques.
10-18 (c) An employee recommended for discharge who chooses
10-19 mediation under this section is entitled to the services of a
10-20 mediator not employed by the department to mediate the dispute.
10-21 (d) An employee who chooses to use mediation to appeal a
10-22 disciplinary action or resolve an employment-related grievance
10-23 waives the right to appeal under Section 411.007 or 411.0073 or to
10-24 use the grievance process established under Section 411.0073.
10-25 Sec. 411.0098. MEMORANDUM OF UNDERSTANDING WITH DEPARTMENT
10-26 OF TRANSPORTATION. (a) The department and the Texas Department of
10-27 Transportation shall adopt by rule a memorandum of understanding on
11-1 coordinating the development of transportation infrastructure
11-2 projects that affect both agencies.
11-3 (b) The memorandum of understanding shall:
11-4 (1) allow the department to provide comments and
11-5 advice to the Texas Department of Transportation on an ongoing
11-6 basis regarding statewide transportation planning efforts that
11-7 affect traffic law enforcement;
11-8 (2) require the department and the Texas Department of
11-9 Transportation to define their respective roles in transportation
11-10 infrastructure efforts; and
11-11 (3) require the department and the Texas Department of
11-12 Transportation to develop a plan for applying for and using federal
11-13 funds to address infrastructure needs that affect enforcement
11-14 efforts.
11-15 (c) The department and the Texas Department of
11-16 Transportation shall update and revise the memorandum of
11-17 understanding as necessary and adopt all revisions to the
11-18 memorandum by rule.
11-19 Sec. 411.0099. NEEDS ASSESSMENT FOR ENFORCEMENT OF
11-20 COMMERCIAL MOTOR VEHICLE RULES. (a) The department shall conduct a
11-21 long-term needs assessment for the enforcement of commercial motor
11-22 vehicle rules that considers at a minimum:
11-23 (1) the inventory of current facilities and equipment
11-24 used for enforcement, including types of scales, structures, space,
11-25 and other equipment;
11-26 (2) enforcement activity, including trend information,
11-27 at fixed-site facilities;
12-1 (3) staffing levels and operating hours for each
12-2 facility; and
12-3 (4) needed infrastructure improvements and the
12-4 associated costs and projected increase in activity that would
12-5 result from the improvements.
12-6 (b) The department shall submit a biennial report to the
12-7 legislative committees with primary jurisdiction over state
12-8 budgetary matters and the Texas Transportation Commission that
12-9 reflects the results of the needs assessment conducted under
12-10 Subsection (a). The report shall be submitted to the legislature
12-11 in conjunction with the department's legislative appropriations
12-12 request.
12-13 Sec. 411.0131. USE OF SEIZED AND FORFEITED ASSETS. (a) The
12-14 commission by rule shall establish a process under which the
12-15 commission approves all of the department's dispositions of assets
12-16 seized or forfeited under state or federal law and received by or
12-17 appropriated to the department. Before approving a disposition,
12-18 the commission shall consider how the disposition supports
12-19 priorities established in the department's strategic plan and
12-20 whether the disposition complies with applicable federal
12-21 guidelines.
12-22 (b) The department shall file annually with the governor and
12-23 the presiding officer of each house of the legislature a report on
12-24 seized and forfeited assets. The report must include:
12-25 (1) a summary of receipts, dispositions, and fund
12-26 balances for the fiscal year derived from both federal and state
12-27 sources;
13-1 (2) regarding receipts, the court in which each case
13-2 involving seized or forfeited assets was adjudicated, the nature
13-3 and value of the assets, and the specific intended use of the
13-4 assets;
13-5 (3) regarding dispositions, the departmental control
13-6 number and category, the division making the request, the specific
13-7 item and amount requested, the amount the commission approved, and
13-8 the actual amount expended per item; and
13-9 (4) regarding planned dispositions, a description of
13-10 the broad categories of anticipated dispositions and how they
13-11 relate to the department's strategic plan.
13-12 (c) The department shall, within 30 days after the end of
13-13 each quarter, report and justify any dispositions of seized or
13-14 forfeited assets during the quarter that:
13-15 (1) differ from the dispositions reported under
13-16 Subsection (b); and
13-17 (2) were used for a purpose not considered a priority
13-18 in the department's strategic plan or not required by law or
13-19 applicable federal guidelines.
13-20 SECTION 9. Section 411.0195, Government Code, is amended by
13-21 amending Subsections (c) and (d) and adding Subsection (e) to read
13-22 as follows:
13-23 (c) The department shall maintain a file on each written
13-24 complaint filed with the department. The file must include:
13-25 (1) the name of the person who filed the complaint;
13-26 (2) the date the complaint is received by the
13-27 department;
14-1 (3) the subject matter of the complaint;
14-2 (4) the name of each person contacted in relation to
14-3 the complaint;
14-4 (5) a summary of the results of the review or
14-5 investigation of the complaint; and
14-6 (6) an explanation of the reason the file was closed,
14-7 if the agency closed the file without taking action other than to
14-8 investigate the complaint [keep an information file about each
14-9 complaint filed with the department that the department has
14-10 authority to resolve].
14-11 (d) The department shall provide to the person filing the
14-12 complaint and to each person who is a subject of the complaint a
14-13 copy of the department's policies and procedures relating to
14-14 complaint investigation and resolution.
14-15 (e) The department, at least quarterly until final
14-16 disposition of the complaint, shall notify the person filing the
14-17 complaint and each person who is a subject of the complaint of the
14-18 status of the investigation unless the notice would jeopardize an
14-19 undercover investigation. [If a written complaint is filed with
14-20 the department that the department has authority to resolve, the
14-21 department, at final disposition of the complaint, shall notify the
14-22 parties to the complaint of the status of the complaint unless the
14-23 notice would jeopardize an undercover investigation.]
14-24 SECTION 10. Chapter 411, Government Code, is amended by
14-25 adding Subchapter I to read as follows:
14-26 SUBCHAPTER I. INTERNAL OVERSIGHT
14-27 Sec. 411.241. OFFICE OF AUDIT AND REVIEW. The department
15-1 shall establish the office of audit and review. The office shall
15-2 coordinate activities designed to promote effectiveness in
15-3 departmental operations and to keep the commission and the
15-4 legislature fully informed about deficiencies within the
15-5 department. The office shall:
15-6 (1) inspect and audit departmental programs and
15-7 operations for efficiency, uniformity, and compliance with
15-8 established procedures and develop recommendations for improvement;
15-9 (2) coordinate and be responsible for promoting
15-10 accountability, integrity, and efficiency in the department; and
15-11 (3) provide the commission with information relevant
15-12 to its oversight of the department.
15-13 Sec. 411.242. DIRECTOR OF AUDIT AND REVIEW. (a) The
15-14 commission shall appoint the director of the office of audit and
15-15 review. The director of audit and review serves until removed by
15-16 the commission.
15-17 (b) The director of audit and review must satisfy the
15-18 requirements to be the agency's internal auditor under Section
15-19 2102.006(b) and is considered to be the agency's internal auditor
15-20 for purposes of Chapter 2102.
15-21 (c) The department shall provide the director of audit and
15-22 review with access to any records, data, or other information
15-23 necessary to fulfill the purposes of this section and Section
15-24 411.243.
15-25 (d) The director of audit and review shall, with the advice
15-26 and consent of the commission, determine which audits and
15-27 inspections to perform and may publish the findings and
16-1 recommendations of the office of audit and review.
16-2 (e) The director of audit and review shall:
16-3 (1) report to the commission regarding audits and
16-4 inspections planned and the status and findings of those audits and
16-5 inspections; and
16-6 (2) report to the director for administrative purposes
16-7 and keep the director informed of the office's findings.
16-8 Sec. 411.243. POWERS AND DUTIES. (a) The office of audit
16-9 and review shall:
16-10 (1) independently and objectively inspect all
16-11 divisions of the department to:
16-12 (A) ensure that operations are conducted
16-13 efficiently, uniformly, and in compliance with established
16-14 procedures; and
16-15 (B) make recommendations for improvements in
16-16 operational performance;
16-17 (2) independently and objectively audit all divisions
16-18 of the department to:
16-19 (A) promote economy, effectiveness, and
16-20 efficiency within the department;
16-21 (B) prevent and detect fraud, waste, and abuse
16-22 in department programs and operations; and
16-23 (C) make recommendations about the adequacy and
16-24 effectiveness of the department's system of internal control
16-25 policies and procedures;
16-26 (3) advise in the development and evaluation of the
16-27 department's performance measures;
17-1 (4) review actions taken by the department to improve
17-2 program performance and make recommendations for improvement;
17-3 (5) review and make recommendations to the commission
17-4 and the legislature regarding rules, laws, and guidelines relating
17-5 to department programs and operations;
17-6 (6) keep the commission, director, and legislature
17-7 fully informed of problems in department programs and operations;
17-8 and
17-9 (7) ensure effective coordination and cooperation
17-10 among the state auditor's office, legislative oversight committees,
17-11 and other governmental bodies while attempting to avoid
17-12 duplication.
17-13 (b) Chapter 2102 applies to the office of audit and review.
17-14 Sec. 411.244. INTERNAL AFFAIRS. (a) The commission shall
17-15 establish the office of internal affairs.
17-16 (b) The office of internal affairs has original jurisdiction
17-17 over all criminal investigations occurring on department property
17-18 or involving on-duty department employees. The office shall
17-19 coordinate, but need not conduct, all investigations under this
17-20 section.
17-21 (c) The commission shall appoint the head of the office of
17-22 internal affairs. The head of the office of internal affairs
17-23 serves until removed by the commission.
17-24 (d) The head of the office of internal affairs shall report
17-25 directly to the commission regarding performance of and activities
17-26 related to investigations, report to the director for
17-27 administrative purposes, and provide the director with information
18-1 regarding investigations as appropriate.
18-2 SECTION 11. Section 521.101(d), Transportation Code, is
18-3 amended to read as follows:
18-4 (d) The department may require each applicant for an
18-5 original[, renewal, or duplicate] personal identification
18-6 certificate to furnish to the department the information required
18-7 by Section 521.142.
18-8 SECTION 12. Subchapter E, Chapter 521, Transportation Code,
18-9 is amended by adding Section 521.103 to read as follows:
18-10 Sec. 521.103. RENEWAL BY MAIL OR ELECTRONIC MEANS. The
18-11 department by rule may provide that the holder of a personal
18-12 identification certificate may renew the certificate by mail, by
18-13 telephone, over the Internet, or by other electronic means. A rule
18-14 adopted under this section may prescribe eligibility standards for
18-15 renewal under this section.
18-16 SECTION 13. Section 521.141(a), Transportation Code, is
18-17 amended to read as follows:
18-18 (a) An applicant for an original [or renewal of a] driver's
18-19 license must apply on a form provided by the department.
18-20 SECTION 14. Section 521.1425, Transportation Code, is
18-21 amended to read as follows:
18-22 Sec. 521.1425. INFORMATION REQUIRED TO BE FURNISHED TO
18-23 DEPARTMENT. The department may require an [each] applicant for an
18-24 original [, renewal,] or duplicate driver's license to furnish to
18-25 the department the information required by Section 521.142.
18-26 SECTION 15. Section 521.143(a), Transportation Code, is
18-27 amended to read as follows:
19-1 (a) An application for an original [or renewal of a]
19-2 driver's license must be accompanied by evidence of financial
19-3 responsibility or a statement that the applicant does not own a
19-4 motor vehicle for which evidence of financial responsibility is
19-5 required under Chapter 601.
19-6 SECTION 16. Section 521.274, Transportation Code, is amended
19-7 to read as follows:
19-8 Sec. 521.274. RENEWAL BY MAIL OR ELECTRONIC MEANS. [(a)]
19-9 The department by rule may provide that the holder of a driver's
19-10 license may renew the license by mail, by telephone, over the
19-11 Internet, or by other electronic means.
19-12 [(b)] A rule adopted under this section [subsection] may
19-13 prescribe eligibility standards for renewal under this section [not
19-14 permit renewal by mail of:]
19-15 [(1) a provisional license;]
19-16 [(2) an occupational license; or]
19-17 [(3) a driver's license if the license holder's
19-18 driving record as maintained by the department shows that the
19-19 holder, within the four years preceding the date of the renewal
19-20 application, has been convicted of:]
19-21 [(A) a moving violation, as defined by
19-22 department rule, in this state; or]
19-23 [(B) an offense described by Subchapter O].
19-24 SECTION 17. Subchapter R, Chapter 521, Transportation Code,
19-25 is amended by adding Section 521.427 to read as follows:
19-26 Sec. 521.427. METHOD OF PAYMENT OF FEES. (a) The
19-27 commission may adopt rules regarding the method of payment of a fee
20-1 for a license or personal identification card issued under this
20-2 chapter.
20-3 (b) The rules may authorize payment, under circumstances
20-4 prescribed by the department:
20-5 (1) in person, by mail, by telephone, or over the
20-6 Internet;
20-7 (2) by means of electronic funds transfer; or
20-8 (3) by means of a valid credit card issued by a
20-9 financial institution chartered by a state or the federal
20-10 government or by a nationally recognized credit organization
20-11 approved by the department.
20-12 (c) The rules may require the payment of a discount or
20-13 service charge for a credit card payment in addition to the fee.
20-14 SECTION 18. Section 644.103, Transportation Code, is amended
20-15 by adding Subsections (d) and (e) to read as follows:
20-16 (d) A noncommissioned employee of the department who is
20-17 certified for the purpose by the director and who is supervised by
20-18 an officer of the department may, at a fixed-site facility, enter a
20-19 motor vehicle that is subject to this chapter. If the employee's
20-20 inspection shows that an enforcement action, such as the issuance
20-21 of a citation, is warranted, the supervising officer must take the
20-22 action.
20-23 (e) The department's training and other requirements for
20-24 certification of a noncommissioned employee of the department under
20-25 this section must be the same as the training and requirements,
20-26 other than the training and requirements for becoming and remaining
20-27 a peace officer, for officers who enforce this chapter.
21-1 SECTION 19. Section 644.104, Transportation Code, is amended
21-2 by adding Subsections (c) and (d) to read as follows:
21-3 (c) The department may not use an officer to conduct an
21-4 inspection under this section unless the inspection involves a
21-5 situation that the commission by rule determines to reasonably
21-6 require the use or presence of an officer to accomplish the
21-7 inspection.
21-8 (d) The department's training and other requirements for
21-9 certification of a noncommissioned employee of the department under
21-10 this section must be the same as the training and requirements,
21-11 other than the training and requirements for becoming and remaining
21-12 a peace officer, for officers who enforce this chapter.
21-13 SECTION 20. (a) As soon as possible after the effective
21-14 date of this Act, the governor shall appoint three new members to
21-15 the Public Safety Commission as prescribed by Section 411.003,
21-16 Government Code, as amended by this Act. The governor shall
21-17 designate one member to serve a term expiring January 1, 2000, one
21-18 member to serve a term expiring January 1, 2002, and one member to
21-19 serve a term expiring January 1, 2004. Until all members appointed
21-20 under this section have taken office, a quorum of the Public Safety
21-21 Commission is a majority of the number of members who have taken
21-22 office.
21-23 (b) Except as provided by Subsection (c) of this section,
21-24 the Public Safety Commission and, regarding the required memorandum
21-25 of understanding, the Texas Department of Transportation, shall
21-26 adopt each rule necessary to implement the changes in law made by
21-27 this Act not later than January 1, 2000.
22-1 (c) Not later than January 1, 2000, the Public Safety
22-2 Commission shall adopt rules regarding the use of mediation for
22-3 employment-related grievances as prescribed by Section 411.0074,
22-4 Government Code, as added by this Act. Not later than September 1,
22-5 2001, the Public Safety Commission shall adopt rules regarding the
22-6 use of mediation in lieu of disciplinary action appeals as
22-7 prescribed by Section 411.0074, Government Code, as added by this
22-8 Act.
22-9 (d) Section 411.0031, Government Code, as added by this Act,
22-10 does not apply to a member of the Public Safety Commission
22-11 appointed before the effective date of this Act during the term the
22-12 member is serving on that effective date.
22-13 (e) The changes in law made by Section 411.0071, Government
22-14 Code, as added by this Act, apply only to an appointment or
22-15 promotion made on or after the effective date of this Act. A
22-16 person who, immediately before the effective date of this Act,
22-17 serves in a position that is designated as a key position by the
22-18 director of the Department of Public Safety of the State of Texas
22-19 on or after that date continues to possess, after the effective
22-20 date of this Act, all rights related to holding that position that
22-21 the person possessed immediately before the effective date of this
22-22 Act.
22-23 SECTION 21. This Act takes effect September 1, 1999.
22-24 SECTION 22. The importance of this legislation and the
22-25 crowded condition of the calendars in both houses create an
22-26 emergency and an imperative public necessity that the
22-27 constitutional rule requiring bills to be read on three several
23-1 days in each house be suspended, and this rule is hereby suspended.