By: Brown S.B. No. 370
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the continuation and functions of the Department of
1-2 Public Safety of the State of Texas.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsections (b) and (c), Section 411.002,
1-5 Government Code, are amended to read as follows:
1-6 (b) The department shall have its principal office and
1-7 headquarters [and shall keep all of its records] in Austin.
1-8 (c) The Department of Public Safety of the State of Texas is
1-9 subject to Chapter 325 (Texas Sunset Act). Unless continued in
1-10 existence as provided by that chapter, the department is abolished
1-11 and Subsections (a) and (b) expire September 1, 2009 [1999].
1-12 SECTION 2. Subsection (c), Section 411.0036, Government
1-13 Code, is amended to read as follows:
1-14 (c) If the director has knowledge that a potential ground
1-15 for removal exists, the director shall notify the chairman of the
1-16 commission of the potential ground. The chairman shall then notify
1-17 the governor and the attorney general that a potential ground for
1-18 removal exists. If the potential ground for removal involves the
1-19 chairman, the director shall notify the member with the most tenure
1-20 on the commission, who shall then notify the governor and the
1-21 attorney general that a potential ground for removal exists.
1-22 SECTION 3. Subchapter A, Chapter 411, Government Code, is
1-23 amended by amending Section 411.004 and adding Sections 411.0031
1-24 and 411.0041 to read as follows:
2-1 Sec. 411.0031. TRAINING FOR COMMISSION MEMBERS. (a) A
2-2 person who is appointed to and qualifies for office as a member of
2-3 the commission may not vote, deliberate, or be counted as a member
2-4 in attendance at a meeting of the commission until the person
2-5 completes a training program that complies with this section.
2-6 (b) The training program must provide the person with
2-7 information regarding:
2-8 (1) the legislation that created the department and
2-9 the commission;
2-10 (2) the programs operated by the department;
2-11 (3) the role and functions of the department;
2-12 (4) the rules of the department, with an emphasis on
2-13 the rules that relate to disciplinary and investigatory authority;
2-14 (5) the current budget for the department;
2-15 (6) the results of the most recent formal audit of the
2-16 department;
2-17 (7) the requirements of:
2-18 (A) the open meetings law, Chapter 551;
2-19 (B) the public information law, Chapter 552;
2-20 (C) the administrative procedure law, Chapter
2-21 2001; and
2-22 (D) other laws relating to public officials,
2-23 including conflict of interest laws; and
2-24 (8) any applicable ethics policies adopted by the
2-25 department or the Texas Ethics Commission.
2-26 (c) A person appointed to the commission is entitled to
3-1 reimbursement, as provided by the General Appropriations Act, for
3-2 the travel expenses incurred in attending the training program
3-3 regardless of whether the attendance at the program occurs before
3-4 or after the person qualifies for office.
3-5 Sec. 411.004. DUTIES AND POWERS OF COMMISSION. The
3-6 commission shall:
3-7 (1) formulate plans and policies for:
3-8 (A) enforcement of state criminal, traffic, and
3-9 safety laws;
3-10 (B) prevention of crime;
3-11 (C) detection and apprehension of persons who
3-12 violate laws; and
3-13 (D) education of citizens of this state in the
3-14 promotion of public safety and the observance of law;
3-15 (2) organize the department and supervise its
3-16 operation;
3-17 (3) adopt rules considered necessary for carrying out
3-18 the department's work;
3-19 (4) maintain records of all proceedings and official
3-20 orders; and
3-21 (5) biennially submit a report of its work to the
3-22 governor and legislature, including the commission's and director's
3-23 recommendations[; and]
3-24 [(6) provide to its members, as often as necessary,
3-25 information regarding their qualifications for office under this
3-26 chapter and their responsibilities under applicable laws relating
4-1 to standards of conduct for state officers].
4-2 Sec. 411.0041. OPEN MEETINGS EXCEPTION: CRIMINAL
4-3 INVESTIGATIONS. A discussion or deliberation of the commission
4-4 regarding an ongoing criminal investigation, including a vote to
4-5 issue a directive or take other action regarding the investigation,
4-6 is not subject to the open meetings law, Chapter 551.
4-7 SECTION 4. Subsections (b) and (c), Section 411.005,
4-8 Government Code, are amended to read as follows:
4-9 (b) The director may [commission shall] appoint, with the
4-10 advice and consent of the commission, [an] assistant directors
4-11 [director] who shall perform the duties that the director
4-12 designates. An assistant director serves until removed by the
4-13 director.
4-14 (c) The commission shall select the director, and the
4-15 director shall select an assistant director, on the basis of the
4-16 person's [persons'] training, experience, and qualifications for
4-17 the position [positions]. The director and an assistant director
4-18 must have five years' experience, preferably in police or public
4-19 administration. The director and an assistant director are
4-20 entitled to annual salaries as provided by the legislature.
4-21 SECTION 5. Subchapter A, Chapter 411, Government Code, is
4-22 amended by amending Section 411.006 and adding Section 411.0061 to
4-23 read as follows:
4-24 Sec. 411.006. DUTIES OF DIRECTOR. (a) The director shall:
4-25 (1) be directly responsible to the commission for the
4-26 conduct of the department's affairs;
5-1 (2) act as executive director of the department;
5-2 (3) act with the commission in an advisory capacity,
5-3 without vote;
5-4 (4) adopt rules, subject to commission approval,
5-5 considered necessary for the control of the department;
5-6 (5) issue commissions as law enforcement officers,
5-7 under the commission's direction, to all members of the Texas
5-8 Rangers and the Texas Highway Patrol and to other officers of the
5-9 department;
5-10 (6) appoint, with the advice and consent of the
5-11 commission, the head [chiefs] of a division or bureau [the bureaus]
5-12 provided for by this chapter;
5-13 (7) [issue and sign requisitions as provided by law
5-14 for the purchase of supplies for the office and officers of the
5-15 department, suitable uniforms, arms, and equipment;]
5-16 [(8)] quarterly, annually, and biennially submit to
5-17 the commission detailed reports of the operation of the department,
5-18 including statements of its expenditures; and
5-19 (8) [(9)] prepare, swear to, submit to the governor,
5-20 and file in the department's records a quarterly statement
5-21 containing an itemized list of all money received and its source
5-22 and all money spent and the purposes for which it was spent.
5-23 (b) The director or the director's designee shall provide to
5-24 members of the commission and to department employees, as often as
5-25 necessary, information regarding the requirements for office or
5-26 employment under this chapter, including information regarding a
6-1 person's responsibilities under applicable laws relating to
6-2 standards of conduct for state officers or employees.
6-3 Sec. 411.0061. COMMERCIAL CARRIER INSPECTIONS:
6-4 IMPLEMENTATION SCHEDULE FOR NONCOMMISSIONED PERSONNEL. (a) The
6-5 director shall develop a schedule to include the use of
6-6 noncommissioned staff assigned to enforce commercial motor vehicle
6-7 rules under Sections 644.103 and 644.104, Transportation Code, to
6-8 supplement the current enforcement program by commissioned
6-9 officers. The schedule shall be implemented over a five-year
6-10 period beginning January 1, 2000.
6-11 (b) A report that provides details of the schedule and the
6-12 status of its implementation shall be filed with the Legislative
6-13 Budget Board with each legislative appropriations request of the
6-14 department.
6-15 (c) The department shall not reduce the number of
6-16 commissioned officers to comply with this section.
6-17 (d) This section expires January 1, 2005.
6-18 SECTION 6. Section 411.007, Government Code, is amended to
6-19 read as follows:
6-20 Sec. 411.007. OFFICERS AND EMPLOYEES. (a) Subject to [the
6-21 commission's approval and] the provisions of this chapter, the
6-22 director may appoint, promote, reduce, suspend, or discharge any
6-23 officer or employee of the department.
6-24 (b) Appointment or promotion of an officer or employee must
6-25 be based on merit determined [by examination] under commission
6-26 rules that take into consideration the applicant's age and[,]
7-1 physical condition, if appropriate and to the extent allowed under
7-2 federal law, and that take into consideration the applicant's
7-3 experience[,] and education. For promotions of commissioned
7-4 officers, other than those positions covered under Section
7-5 411.0071, the department, with the advice and consent of the
7-6 commission, shall establish processes to be consistently applied
7-7 and based on merit. Each person who has an application on file for
7-8 a position in the department for which an applicant must take an
7-9 examination shall be given reasonable written notice of the time
7-10 and place of those examinations.
7-11 (c) An applicant for a position in the department must be a
7-12 United States citizen. An applicant may not be questioned
7-13 regarding the applicant's political affiliation or religious faith
7-14 or beliefs. The department may not prohibit an officer or employee
7-15 of the department, while off duty and out of uniform, from placing
7-16 a bumper sticker endorsing political activities or a candidate for
7-17 political office on a personal vehicle, placing a campaign sign in
7-18 the person's private yard, making a political contribution, or
7-19 wearing a badge endorsing political activities or a candidate. An
7-20 officer commissioned by the department may not be suspended,
7-21 terminated, or subjected to any form of discrimination by the
7-22 department because of the refusal of the officer to take a
7-23 polygraph examination.
7-24 (d) At least annually the heads [chiefs] of the divisions
7-25 and bureaus, after due investigation, shall make a report to the
7-26 director [commission] of the efficiency of each employee within the
8-1 division or bureau. These reports shall be kept in the
8-2 department's [commission's] permanent files and shall be given
8-3 proper consideration in all matters of promotion and discharge.
8-4 (e) An officer or employee of the department may not be
8-5 discharged without just cause. The director shall determine
8-6 whether an officer or employee is to be discharged. An officer or
8-7 employee ordered discharged may appeal to the commission, and
8-8 during the appeal the officer or employee shall be suspended
8-9 without pay. Except as provided by Subsection (f), the [The]
8-10 department may not discharge, suspend, or demote a commissioned
8-11 officer except for the violation of a specific commission rule. If
8-12 the department discharges, suspends, or demotes an officer, the
8-13 department shall deliver to the officer a written statement giving
8-14 the reasons for the action taken. The written statement must point
8-15 out each commission rule alleged to have been violated by the
8-16 officer and must describe the alleged acts of the officer that the
8-17 department contends are in violation of the commission rules. [An
8-18 officer commissioned by the department may not be suspended,
8-19 terminated, or subjected to any form of discrimination by the
8-20 department because of the refusal of the officer to take a
8-21 polygraph examination.]
8-22 (f) [The commission shall establish grades and positions for
8-23 the department. For each grade and position the commission shall
8-24 designate the authority and responsibility within the limits of
8-25 this chapter, set standards of qualifications, and fix
8-26 prerequisites of training, education, and experience.] The
9-1 commission shall establish [adopt] necessary policies and
9-2 procedures [rules] for the appointment, promotion, reduction,
9-3 suspension, and discharge of all employees [after hearing before
9-4 the commission]. A discharged officer or employee is entitled, on
9-5 application to the commission, to a public hearing before the
9-6 commission, who shall affirm or set aside the discharge. The
9-7 commission shall affirm or set aside the discharge on the basis of
9-8 the evidence presented. If the commission affirms the discharge,
9-9 the discharged officer may seek judicial review in a district court
9-10 under the substantial evidence standard of review. A person
9-11 inducted into the service of the department is on probation for the
9-12 first one year of service and at any time during that period may be
9-13 discharged without the public hearing provided for by this
9-14 subsection if the director, with the advice and consent of the
9-15 commission, finds the person to be unsuitable for the work.
9-16 SECTION 7. Subchapter A, Chapter 411, Government Code, is
9-17 amended by adding Sections 411.0071, 411.0072, 411.0073, 411.0098,
9-18 411.0099, and 411.0131 to read as follows:
9-19 Sec. 411.0071. DIRECT APPOINTMENT TO MANAGEMENT TEAM
9-20 POSITIONS BY DIRECTOR. (a) The director may designate a head of a
9-21 division or a position that involves working directly with the
9-22 director, other than the highest ranking officer of the Texas
9-23 Rangers, as a management team position.
9-24 (b) The director may directly appoint a person to a position
9-25 designated as a management team position under Subsection (a) under
9-26 criteria determined by the director and approved by the commission.
10-1 The director's appointment of a person to a management team
10-2 position or transfer of a person from a management team position to
10-3 another position for which the person is qualified, as determined
10-4 by the director, is not subject to Section 411.007.
10-5 (c) A person appointed to a management team position under
10-6 this section, on removal from that position, shall be returned to
10-7 the position the person held immediately before appointment to the
10-8 management team position or to a position of equivalent rank. If a
10-9 person is removed from a management team position as a result of
10-10 the filing of a formal charge of misconduct, this subsection
10-11 applies only if the person is exonerated for the misconduct
10-12 charged.
10-13 Sec. 411.0072. EMPLOYMENT-RELATED GRIEVANCES AND APPEALS OF
10-14 DISCIPLINARY ACTIONS WITHIN THE DEPARTMENT. (a) In this section:
10-15 (1) "Disciplinary action" means discharge, suspension,
10-16 or demotion.
10-17 (2) "Employment-related grievance" means an
10-18 employment-related issue, other than a disciplinary action, in
10-19 regard to which an employee wishes to express dissatisfaction,
10-20 including promotions, leave requests, performance evaluations,
10-21 transfers, benefits, working environment, shift or duty
10-22 assignments, harassment, retaliation, and relationships with
10-23 supervisors or other employees or any other issue the commission
10-24 determines by rule.
10-25 (b) The commission shall establish procedures and practices
10-26 governing the appeal of a disciplinary action within the
11-1 department.
11-2 (c) The commission shall establish procedures and practices
11-3 through which the department will address an employment-related
11-4 grievance that include:
11-5 (1) a form on which an employee may state an
11-6 employment-related grievance and request a specific corrective
11-7 action;
11-8 (2) time limits for submitting a grievance and for
11-9 management to respond to a grievance;
11-10 (3) a multilevel process in which an employee's
11-11 grievance is submitted to the lowest appropriate level of
11-12 management, with each subsequent appeal submitted to a higher level
11-13 in the chain of command;
11-14 (4) an assurance that confidentiality of all parties
11-15 involved will be maintained, except to the extent that information
11-16 that is subject to required public disclosure under the public
11-17 information law, Chapter 552, is released in response to an open
11-18 records request, and that retaliation against an employee who files
11-19 a grievance is prohibited; and
11-20 (5) a program to advertise and explain the grievance
11-21 procedure to all employees.
11-22 (d) The department shall submit annually to the commission,
11-23 and as part of its biennial report to the legislature required
11-24 under Section 411.004, a report on the department's use of the
11-25 employment-related grievance process under Subsection (c). The
11-26 report must include:
12-1 (1) the number of grievances filed;
12-2 (2) a brief description of the subject of each
12-3 grievance filed; and
12-4 (3) the final disposition of each grievance.
12-5 Sec. 411.0073. MEDIATION OF PERSONNEL DISPUTES. (a) The
12-6 commission shall establish procedures for an employee to resolve an
12-7 employment-related grievance covered by Section 411.0072 through
12-8 mediation if the employee chooses. The procedures must include
12-9 mediation procedures and establish the circumstances under which
12-10 mediation is appropriate for an employment-related grievance.
12-11 (b) Except for Section 2008.054, Chapter 2008, as added by
12-12 Chapter 934, Acts of the 75th Legislature, Regular Session, 1997,
12-13 does not apply to the mediation. The mediator must be trained in
12-14 mediation techniques.
12-15 Sec. 411.0098. COORDINATION WITH DEPARTMENT OF
12-16 TRANSPORTATION. (a) The department and the Texas Department of
12-17 Transportation shall establish procedures to ensure effective
12-18 coordination of the development of transportation infrastructure
12-19 projects that affect both agencies.
12-20 (b) Procedures established under this section shall:
12-21 (1) allow each agency to provide comments and advice
12-22 to the other agency on an ongoing basis regarding statewide
12-23 transportation planning efforts that affect traffic law
12-24 enforcement;
12-25 (2) define the role of each agency in transportation
12-26 infrastructure efforts; and
13-1 (3) require the department and the Texas Department of
13-2 Transportation to develop a plan for applying for and using federal
13-3 funds to address infrastructure needs that affect enforcement
13-4 efforts.
13-5 (c) The department and the Texas Department of
13-6 Transportation shall:
13-7 (1) update and revise the procedures established under
13-8 this section as necessary; and
13-9 (2) file not later than January 15 of each
13-10 odd-numbered year with the presiding officer of each house of the
13-11 legislature a report that describes the procedures established
13-12 under this section and their implementation.
13-13 Sec. 411.0099. NEEDS ASSESSMENT FOR ENFORCEMENT OF
13-14 COMMERCIAL MOTOR VEHICLE RULES. (a) The department shall conduct
13-15 a long-term needs assessment for the enforcement of commercial
13-16 motor vehicle rules that considers at a minimum:
13-17 (1) the inventory of current facilities and equipment
13-18 used for enforcement, including types of scales, structures, space,
13-19 and other equipment;
13-20 (2) enforcement activity, including trend information,
13-21 at fixed-site facilities;
13-22 (3) staffing levels and operating hours for each
13-23 facility; and
13-24 (4) needed infrastructure improvements and the
13-25 associated costs and projected increase in activity that would
13-26 result from the improvements.
14-1 (b) The department shall submit a biennial report to the
14-2 legislative committees with primary jurisdiction over state
14-3 budgetary matters and the Texas Transportation Commission that
14-4 reflects the results of the needs assessment conducted under
14-5 Subsection (a). The report shall be submitted to the legislature
14-6 in conjunction with the department's legislative appropriations
14-7 request.
14-8 Sec. 411.0131. USE OF SEIZED AND FORFEITED ASSETS. (a) The
14-9 commission by rule shall establish a process under which the
14-10 commission approves all of the department's dispositions of assets
14-11 seized or forfeited under state or federal law and received by or
14-12 appropriated to the department. The commission shall adopt rules
14-13 under this section in accordance with Chapter 2001. Before
14-14 approving a disposition, the commission shall consider how the
14-15 disposition supports priorities established in the department's
14-16 strategic plan and whether the disposition complies with applicable
14-17 federal guidelines.
14-18 (b) The department shall file annually with the governor and
14-19 the presiding officer of each house of the legislature a report on
14-20 seized and forfeited assets. The report must include:
14-21 (1) a summary of receipts, dispositions, and fund
14-22 balances for the fiscal year derived from both federal and state
14-23 sources;
14-24 (2) regarding receipts, the court in which each case
14-25 involving seized or forfeited assets was adjudicated, the nature
14-26 and value of the assets, and the specific intended use of the
15-1 assets;
15-2 (3) regarding dispositions, the departmental control
15-3 number and category, the division making the request, the specific
15-4 item and amount requested, the amount the commission approved, and
15-5 the actual amount expended per item; and
15-6 (4) regarding planned dispositions, a description of
15-7 the broad categories of anticipated dispositions and how they
15-8 relate to the department's strategic plan.
15-9 (c) The department shall, within 30 days after the end of
15-10 each quarter, report and justify any dispositions of seized or
15-11 forfeited assets during the quarter that:
15-12 (1) differ from the planned dispositions reported
15-13 under Subsection (b); and
15-14 (2) were used for a purpose not considered a priority
15-15 in the department's strategic plan or not required by law or
15-16 applicable federal guidelines.
15-17 SECTION 8. Section 411.0195, Government Code, is amended by
15-18 amending Subsections (c) and (d) and adding Subsection (e) to read
15-19 as follows:
15-20 (c) The department shall maintain a file on each written
15-21 complaint filed with the department. The file must include:
15-22 (1) the name of the person who filed the complaint;
15-23 (2) the date the complaint is received by the
15-24 department;
15-25 (3) the subject matter of the complaint;
15-26 (4) the name of each person contacted in relation to
16-1 the complaint;
16-2 (5) a summary of the results of the review or
16-3 investigation of the complaint; and
16-4 (6) an explanation of the reason the file was closed,
16-5 if the agency closed the file without taking action other than to
16-6 investigate the complaint [keep an information file about each
16-7 complaint filed with the department that the department has
16-8 authority to resolve].
16-9 (d) The department shall provide to the person filing the
16-10 complaint and to each person who is a subject of the complaint a
16-11 copy of the department's policies and procedures relating to
16-12 complaint investigation and resolution.
16-13 (e) The [If a written complaint is filed with the department
16-14 that the department has authority to resolve, the] department, at
16-15 least quarterly until final disposition of the complaint, shall
16-16 notify the person filing the complaint and each person who is a
16-17 subject of [parties to] the complaint of the status of the
16-18 investigation [complaint] unless the notice would jeopardize an
16-19 undercover investigation.
16-20 SECTION 9. Section 411.023, Government Code, is amended by
16-21 adding Subsection (f) to read as follows:
16-22 (f) The commission shall authorize a badge designated as
16-23 "Special Ranger" that is distinct in appearance from the "Special
16-24 Texas Ranger" badge authorized under Section 411.024.
16-25 SECTION 10. Subchapter B, Chapter 411, Government Code, is
16-26 amended by adding Section 411.024 to read as follows:
17-1 Sec. 411.024. SPECIAL TEXAS RANGERS. (a) The commission
17-2 may appoint as a special Texas Ranger an honorably retired or
17-3 retiring commissioned officer of the department whose position
17-4 immediately preceding retirement is an officer of the Texas
17-5 Rangers.
17-6 (b) A special Texas Ranger is subject to the orders of the
17-7 commission and the governor for special duty to the same extent as
17-8 other law enforcement officers provided for by this chapter, except
17-9 that a special Texas Ranger may not enforce a law except one
17-10 designed to protect life and property and may not enforce a law
17-11 regulating the use of a state highway by a motor vehicle. A
17-12 special Texas Ranger is not connected with a ranger company or
17-13 uniformed unit of the department.
17-14 (c) Before issuance of a commission to a special Texas
17-15 Ranger the person shall enter into a good and sufficient bond
17-16 executed by a surety company authorized to do business in the state
17-17 in the amount of $2,500, approved by the director, and indemnifying
17-18 all persons against damages resulting from an unlawful act of the
17-19 special Texas Ranger.
17-20 (d) A special Texas Ranger is not entitled to compensation
17-21 from the state for service as a special Texas Ranger.
17-22 (e) A special Texas Ranger commission expires January 1 of
17-23 the first odd-numbered year after appointment. The commission may
17-24 revoke the commission of a special Texas Ranger who commits a
17-25 violation of a rule of the department for which an active officer
17-26 of the Texas Rangers would be discharged.
18-1 (f) The commission shall authorize a badge designated as
18-2 "Special Texas Ranger" that is distinct in appearance from the
18-3 "Special Ranger" badge authorized under Section 411.023.
18-4 SECTION 11. Chapter 411, Government Code, is amended by
18-5 adding Subchapter I to read as follows:
18-6 SUBCHAPTER I. INTERNAL OVERSIGHT
18-7 Sec. 411.241. OFFICE OF AUDIT AND REVIEW. The commission
18-8 shall establish the office of audit and review. The office shall
18-9 coordinate activities designed to promote effectiveness in
18-10 departmental operations and to keep the commission and the
18-11 legislature fully informed about deficiencies within the
18-12 department. The office shall:
18-13 (1) inspect and audit departmental programs and
18-14 operations for efficiency, uniformity, and compliance with
18-15 established procedures and develop recommendations for improvement;
18-16 (2) coordinate and be responsible for promoting
18-17 accountability, integrity, and efficiency in the department; and
18-18 (3) provide the commission with information relevant
18-19 to its oversight of the department.
18-20 Sec. 411.242. DIRECTOR OF AUDIT AND REVIEW. (a) The
18-21 commission shall appoint the director of the office of audit and
18-22 review. The director of audit and review serves until removed by
18-23 the commission.
18-24 (b) The director of audit and review must satisfy the
18-25 requirements to be the agency's internal auditor under Section
18-26 2102.006(b) and is considered to be the agency's internal auditor
19-1 for purposes of Chapter 2102.
19-2 (c) The department shall provide the director of audit and
19-3 review with access to any records, data, or other information
19-4 necessary to fulfill the purposes of this section and Section
19-5 411.243.
19-6 (d) The director of audit and review shall, with the advice
19-7 and consent of the commission, determine which audits and
19-8 inspections to perform and may publish the findings and
19-9 recommendations of the office of audit and review.
19-10 (e) The director of audit and review shall:
19-11 (1) report to the commission regarding audits and
19-12 inspections planned and the status and findings of those audits and
19-13 inspections; and
19-14 (2) report to the director for administrative purposes
19-15 and keep the director informed of the office's findings.
19-16 Sec. 411.243. POWERS AND DUTIES. (a) The office of audit
19-17 and review shall:
19-18 (1) independently and objectively inspect all
19-19 divisions of the department to:
19-20 (A) ensure that operations are conducted
19-21 efficiently, uniformly, and in compliance with established
19-22 procedures; and
19-23 (B) make recommendations for improvements in
19-24 operational performance;
19-25 (2) independently and objectively audit all divisions
19-26 of the department to:
20-1 (A) promote economy, effectiveness, and
20-2 efficiency within the department;
20-3 (B) prevent and detect fraud, waste, and abuse
20-4 in department programs and operations; and
20-5 (C) make recommendations about the adequacy and
20-6 effectiveness of the department's system of internal control
20-7 policies and procedures;
20-8 (3) advise in the development and evaluation of the
20-9 department's performance measures;
20-10 (4) review actions taken by the department to improve
20-11 program performance and make recommendations for improvement;
20-12 (5) review and make recommendations to the commission
20-13 and the legislature regarding rules, laws, and guidelines relating
20-14 to department programs and operations;
20-15 (6) keep the commission, director, and legislature
20-16 fully informed of problems in department programs and operations;
20-17 and
20-18 (7) ensure effective coordination and cooperation
20-19 among the state auditor's office, legislative oversight committees,
20-20 and other governmental bodies while attempting to avoid
20-21 duplication.
20-22 (b) Chapter 2102 applies to the office of audit and review.
20-23 Sec. 411.244. INTERNAL AFFAIRS. (a) The commission shall
20-24 establish the office of internal affairs.
20-25 (b) The office of internal affairs may have original
20-26 jurisdiction over all criminal investigations occurring on
21-1 department property or involving department employees. The office
21-2 shall coordinate, but need not conduct, all investigations under
21-3 this section.
21-4 (c) The commission shall appoint the head of the office of
21-5 internal affairs. The head of the office of internal affairs
21-6 serves until removed by the commission.
21-7 (d) The head of the office of internal affairs shall report
21-8 directly to the commission regarding performance of and activities
21-9 related to investigations, report to the director for
21-10 administrative purposes, and provide the director with information
21-11 regarding investigations as appropriate.
21-12 SECTION 12. Subsections (a) and (b), Article 60.061, Code of
21-13 Criminal Procedure, are amended to read as follows:
21-14 (a) The Texas State Board of Medical Examiners, the Texas
21-15 State Board of Podiatric Medical Examiners, the State Board of
21-16 Dental Examiners, the Texas State Board of Pharmacy, and the State
21-17 Board of Veterinary Medical Examiners shall provide to the
21-18 Department of Public Safety through electronic means, magnetic
21-19 tape, or disk, as specified by the department, a list including the
21-20 name, date of birth, and any other personal descriptive information
21-21 required by the department for each person licensed by the
21-22 respective agency. Each agency shall update this information and
21-23 submit to the Department of Public Safety the updated information
21-24 quarterly [monthly].
21-25 (b) The Department of Public Safety shall perform at least
21-26 quarterly [monthly] a computer match of the licensing list against
22-1 the convictions maintained in the computerized criminal history
22-2 system. The Department of Public Safety shall report to the
22-3 appropriate licensing agency for verification and administrative
22-4 action, as considered appropriate by the licensing agency, the name
22-5 of any person found to have a record of conviction, except a
22-6 defendant whose prosecution is deferred during a period of
22-7 community supervision without an adjudication or plea of guilt.
22-8 The Department of Public Safety may charge the licensing agency a
22-9 fee not to exceed the actual direct cost incurred by the department
22-10 in performing a computer match and reporting to the agency.
22-11 SECTION 13. Subchapter E, Chapter 521, Transportation Code,
22-12 is amended by adding Section 521.103 to read as follows:
22-13 Sec. 521.103. RENEWAL BY MAIL OR ELECTRONIC MEANS. The
22-14 department by rule may provide that the holder of a personal
22-15 identification certificate may renew the certificate by mail, by
22-16 telephone, over the Internet, or by other electronic means. A rule
22-17 adopted under this section may prescribe eligibility standards for
22-18 renewal under this section.
22-19 SECTION 14. (a) Section 521.125, Transportation Code, is
22-20 amended to read as follows:
22-21 Sec. 521.125. MEDICAL AND EMERGENCY INFORMATION ON LICENSE.
22-22 On the reverse side of a driver's license, the department shall:
22-23 (1) print:
22-24 (A) [(1)] "Allergic Reaction to Drugs: _____";
22-25 [and]
22-26 (B) [(2)] "Directive to physician has been filed
23-1 at tel. #"; and
23-2 (C) "Emergency contact tel. #";
23-3 (2) include to the right of the statements under
23-4 Subdivisions (1)(B) and (C) a surface on which [followed by a line
23-5 that] the license holder may write [use to indicate] the
23-6 appropriate telephone number; and
23-7 (3) include to the left of each of the statements
23-8 under Subdivisions (1)(B) and (C) a box that the license holder may
23-9 use to indicate for what purpose the telephone number applies.
23-10 (b) Notwithstanding Section 521.125, Transportation Code, as
23-11 amended by this section, the Department of Public Safety of the
23-12 State of Texas may use any materials used for driver's licenses
23-13 that the department has on the effective date of this Act
23-14 regardless of whether the materials comply with that section.
23-15 SECTION 15. Subsection (a), Section 521.141, Transportation
23-16 Code, is amended to read as follows:
23-17 (a) An applicant for an original or renewal of a driver's
23-18 license must apply in a manner prescribed [on a form provided] by
23-19 the department.
23-20 SECTION 16. Subsection (a), Section 521.143, Transportation
23-21 Code, is amended to read as follows:
23-22 (a) An application for an original [or renewal of a]
23-23 driver's license must be accompanied by evidence of financial
23-24 responsibility or a statement that the applicant does not own a
23-25 motor vehicle for which evidence of financial responsibility is
23-26 required under Chapter 601. The department may require an
24-1 application for a renewal of a driver's license to be accompanied
24-2 by evidence of financial responsibility or a statement that the
24-3 applicant does not own a motor vehicle for which evidence of
24-4 financial responsibility is required under Chapter 601.
24-5 SECTION 17. Section 521.274, Transportation Code, is amended
24-6 to read as follows:
24-7 Sec. 521.274. RENEWAL BY MAIL OR ELECTRONIC MEANS.
24-8 [(a)] The department by rule may provide that the holder of a
24-9 driver's license may renew the license by mail, by telephone, over
24-10 the Internet, or by other electronic means.
24-11 [(b)] A rule adopted under this section [subsection] may
24-12 prescribe eligibility standards for renewal under this section [not
24-13 permit renewal by mail of:]
24-14 [(1) a provisional license;]
24-15 [(2) an occupational license; or]
24-16 [(3) a driver's license if the license holder's
24-17 driving record as maintained by the department shows that the
24-18 holder, within the four years preceding the date of the renewal
24-19 application, has been convicted of:]
24-20 [(A) a moving violation, as defined by
24-21 department rule, in this state; or]
24-22 [(B) an offense described by Subchapter O].
24-23 SECTION 18. Subchapter R, Chapter 521, Transportation Code,
24-24 is amended by adding Section 521.427 to read as follows:
24-25 Sec. 521.427. METHOD OF PAYMENT OF FEES. (a) The
24-26 department may adopt rules regarding the method of payment of a fee
25-1 for a license or personal identification card issued under this
25-2 chapter.
25-3 (b) The rules may authorize payment, under circumstances
25-4 prescribed by the department:
25-5 (1) in person, by mail, by telephone, or over the
25-6 Internet;
25-7 (2) by means of electronic funds transfer; or
25-8 (3) by means of a valid credit card issued by a
25-9 financial institution chartered by a state or the federal
25-10 government or by a nationally recognized credit organization
25-11 approved by the department.
25-12 (c) The rules may require the payment of a discount or
25-13 service charge for a credit card payment in addition to the fee.
25-14 SECTION 19. Section 644.103, Transportation Code, is amended
25-15 by adding Subsections (d) and (e) to read as follows:
25-16 (d) A noncommissioned employee of the department who is
25-17 certified for the purpose by the director and who is supervised by
25-18 an officer of the department may, at a fixed-site facility, enter a
25-19 motor vehicle that is subject to this chapter. If the employee's
25-20 inspection shows that an enforcement action, such as the issuance
25-21 of a citation, is warranted, the supervising officer must take the
25-22 action.
25-23 (e) The department's training and other requirements for
25-24 certification of a noncommissioned employee of the department under
25-25 this section must be the same as the training and requirements,
25-26 other than the training and requirements for becoming and remaining
26-1 a peace officer, for officers who enforce this chapter.
26-2 SECTION 20. Section 644.104, Transportation Code, is amended
26-3 by adding Subsections (c) and (d) to read as follows:
26-4 (c) The department may use an officer to conduct an
26-5 inspection under this section if the inspection involves a
26-6 situation that the department determines to reasonably require the
26-7 use or presence of an officer to accomplish the inspection.
26-8 (d) The department's training and other requirements for
26-9 certification of a noncommissioned employee of the department under
26-10 this section must be the same as the training and requirements,
26-11 other than the training and requirements for becoming and remaining
26-12 a peace officer, for officers who enforce this chapter.
26-13 SECTION 21. (a) The Public Safety Commission shall adopt
26-14 each rule and establish all procedures necessary to implement the
26-15 changes in law made by this Act not later than January 1, 2000.
26-16 (b) Section 411.0031, Government Code, as added by this Act,
26-17 does not apply to a member of the Public Safety Commission
26-18 appointed before the effective date of this Act during the term the
26-19 member is serving on that effective date.
26-20 (c) The changes in law made by Section 411.0071, Government
26-21 Code, as added by this Act, apply only to an appointment or
26-22 promotion made on or after the effective date of this Act. A
26-23 person who, immediately before the effective date of this Act,
26-24 serves in a position that is designated as a management team
26-25 position by the director of the Department of Public Safety of the
26-26 State of Texas on or after that date continues to possess, after
27-1 the effective date of this Act, all rights related to holding that
27-2 position that the person possessed immediately before the effective
27-3 date of this Act.
27-4 (d) Commissions issued under Section 411.023, Government
27-5 Code, prior to the effective date of this Act, are not affected.
27-6 SECTION 22. This Act takes effect September 1, 1999.
27-7 SECTION 23. The importance of this legislation and the
27-8 crowded condition of the calendars in both houses create an
27-9 emergency and an imperative public necessity that the
27-10 constitutional rule requiring bills to be read on three several
27-11 days in each house be suspended, and this rule is hereby suspended.