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.