AN ACT
1-1 relating to the continuation and functions of the Department of
1-2 Public Safety of the State of Texas; providing penalties.
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 longest
1-20 tenure on the commission, other than the chairman, who shall then
1-21 notify the governor and the attorney general that a potential
1-22 ground for removal exists.
1-23 SECTION 3. Subchapter A, Chapter 411, Government Code, is
1-24 amended by amending Section 411.004 and adding Sections 411.0031
2-1 and 411.0041 to read as follows:
2-2 Sec. 411.0031. TRAINING FOR COMMISSION MEMBERS. (a) A
2-3 person who is appointed to and qualifies for office as a member of
2-4 the commission may not vote, deliberate, or be counted as a member
2-5 in attendance at a meeting of the commission until the person
2-6 completes a training program that complies with this section.
2-7 (b) The training program must provide the person with
2-8 information regarding:
2-9 (1) the legislation that created the department and
2-10 the commission;
2-11 (2) the programs operated by the department;
2-12 (3) the role and functions of the department;
2-13 (4) the rules of the department, with an emphasis on
2-14 the rules that relate to disciplinary and investigatory authority;
2-15 (5) the current budget for the department;
2-16 (6) the results of the most recent formal audit of the
2-17 department;
2-18 (7) the requirements of:
2-19 (A) the open meetings law, Chapter 551;
2-20 (B) the public information law, Chapter 552;
2-21 (C) the administrative procedure law, Chapter
2-22 2001; and
2-23 (D) other laws relating to public officials,
2-24 including conflict of interest laws; and
2-25 (8) any applicable ethics policies adopted by the
2-26 department or the Texas Ethics Commission.
3-1 (c) A person appointed to the commission is entitled to
3-2 reimbursement, as provided by the General Appropriations Act, for
3-3 the travel expenses incurred in attending the training program
3-4 regardless of whether the attendance at the program occurs before
3-5 or after the person qualifies for office.
3-6 Sec. 411.004. DUTIES AND POWERS OF COMMISSION. The
3-7 commission shall:
3-8 (1) formulate plans and policies for:
3-9 (A) enforcement of state criminal, traffic, and
3-10 safety laws;
3-11 (B) prevention of crime;
3-12 (C) detection and apprehension of persons who
3-13 violate laws; and
3-14 (D) education of citizens of this state in the
3-15 promotion of public safety and the observance of law;
3-16 (2) organize the department and supervise its
3-17 operation;
3-18 (3) adopt rules considered necessary for carrying out
3-19 the department's work;
3-20 (4) maintain records of all proceedings and official
3-21 orders; and
3-22 (5) biennially submit a report of its work to the
3-23 governor and legislature, including the commission's and director's
3-24 recommendations[; and]
3-25 [(6) provide to its members, as often as necessary,
3-26 information regarding their qualifications for office under this
4-1 chapter and their responsibilities under applicable laws relating
4-2 to standards of conduct for state officers].
4-3 Sec. 411.0041. OPEN MEETINGS EXCEPTION: CRIMINAL
4-4 INVESTIGATIONS. A discussion or deliberation of the commission
4-5 regarding an ongoing criminal investigation, including a vote to
4-6 issue a directive or take other action regarding the investigation,
4-7 is not subject to the open meetings law, Chapter 551.
4-8 SECTION 4. Subsections (b) and (c), Section 411.005,
4-9 Government Code, are amended to read as follows:
4-10 (b) The director may [commission shall] appoint, with the
4-11 advice and consent of the commission, [an] assistant directors
4-12 [director] who shall perform the duties that the director
4-13 designates. An assistant director serves until removed by the
4-14 director.
4-15 (c) The commission shall select the director, and the
4-16 director shall select an assistant director, on the basis of the
4-17 person's [persons'] training, experience, and qualifications for
4-18 the position [positions]. The director and an assistant director
4-19 must have five years' experience, preferably in police or public
4-20 administration. The director and an assistant director are
4-21 entitled to annual salaries as provided by the legislature.
4-22 SECTION 5. Subchapter A, Chapter 411, Government Code, is
4-23 amended by amending Section 411.006 and adding Section 411.0061 to
4-24 read as follows:
4-25 Sec. 411.006. DUTIES OF DIRECTOR. (a) The director shall:
4-26 (1) be directly responsible to the commission for the
5-1 conduct of the department's affairs;
5-2 (2) act as executive director of the department;
5-3 (3) act with the commission in an advisory capacity,
5-4 without vote;
5-5 (4) adopt rules, subject to commission approval,
5-6 considered necessary for the control of the department;
5-7 (5) issue commissions as law enforcement officers,
5-8 under the commission's direction, to all members of the Texas
5-9 Rangers and the Texas Highway Patrol and to other officers of the
5-10 department;
5-11 (6) appoint, with the advice and consent of the
5-12 commission, the head [chiefs] of a division or bureau [the bureaus]
5-13 provided for by this chapter;
5-14 (7) [issue and sign requisitions as provided by law
5-15 for the purchase of supplies for the office and officers of the
5-16 department, suitable uniforms, arms, and equipment;]
5-17 [(8)] quarterly, annually, and biennially submit to
5-18 the commission detailed reports of the operation of the department,
5-19 including statements of its expenditures; and
5-20 (8) [(9)] prepare, swear to, submit to the governor,
5-21 and file in the department's records a quarterly statement
5-22 containing an itemized list of all money received and its source
5-23 and all money spent and the purposes for which it was spent.
5-24 (b) The director or the director's designee shall provide to
5-25 members of the commission and to department employees, as often as
5-26 necessary, information regarding the requirements for office or
6-1 employment under this chapter, including information regarding a
6-2 person's responsibilities under applicable laws relating to
6-3 standards of conduct for state officers or employees.
6-4 Sec. 411.0061. COMMERCIAL CARRIER INSPECTIONS:
6-5 IMPLEMENTATION SCHEDULE FOR NONCOMMISSIONED PERSONNEL. (a) The
6-6 director shall develop a schedule to include the use of
6-7 noncommissioned staff assigned to enforce commercial motor vehicle
6-8 rules under Sections 644.103 and 644.104, Transportation Code, to
6-9 supplement the current enforcement program by commissioned
6-10 officers. The schedule shall be implemented over a five-year
6-11 period beginning January 1, 2000.
6-12 (b) A report that provides details of the schedule and the
6-13 status of schedule implementation shall be filed with the
6-14 Legislative Budget Board with each legislative appropriations
6-15 request of the department.
6-16 (c) Unless otherwise directed by the General Appropriations
6-17 Act, the department may not increase the number of commissioned
6-18 officers assigned to enforce commercial motor vehicle rules under
6-19 Sections 644.103 and 644.104, Transportation Code, until the
6-20 schedule developed under Subsection (a) has been fully implemented.
6-21 (d) The department may not reduce the number of commissioned
6-22 officers to comply with this section, unless otherwise directed by
6-23 the General Appropriations Act.
6-24 (e) This section expires January 1, 2005.
6-25 SECTION 6. Section 411.007, Government Code, is amended to
6-26 read as follows:
7-1 Sec. 411.007. OFFICERS AND EMPLOYEES. (a) Subject to [the
7-2 commission's approval and] the provisions of this chapter, the
7-3 director may appoint, promote, reduce, suspend, or discharge any
7-4 officer or employee of the department.
7-5 (b) Appointment or promotion of an officer or employee must
7-6 be based on merit determined [by examination] under commission
7-7 rules that take into consideration the applicant's age and[,]
7-8 physical condition, if appropriate and to the extent allowed under
7-9 federal law, and that take into consideration the applicant's
7-10 experience[,] and education. For promotions of commissioned
7-11 officers, other than those positions covered under Section
7-12 411.0071, the department, with the advice and consent of the
7-13 commission, shall establish processes to be consistently applied
7-14 and based on merit. Each person who has an application on file for
7-15 a position in the department for which an applicant must take an
7-16 examination shall be given reasonable written notice of the time
7-17 and place of those examinations.
7-18 (c) An applicant for a position in the department must be a
7-19 United States citizen. An applicant may not be questioned
7-20 regarding the applicant's political affiliation or religious faith
7-21 or beliefs. The department may not prohibit an officer or employee
7-22 of the department, while off duty and out of uniform, from placing
7-23 a bumper sticker endorsing political activities or a candidate for
7-24 political office on a personal vehicle, placing a campaign sign in
7-25 the person's private yard, making a political contribution, or
7-26 wearing a badge endorsing political activities or a candidate. An
8-1 officer commissioned by the department may not be suspended,
8-2 terminated, or subjected to any form of discrimination by the
8-3 department because of the refusal of the officer to take a
8-4 polygraph examination.
8-5 (d) At least annually the heads [chiefs] of the divisions
8-6 and bureaus, after due investigation, shall make a report to the
8-7 director [commission] of the efficiency of each employee within the
8-8 division or bureau. These reports shall be kept in the
8-9 department's [commission's] permanent files and shall be given
8-10 proper consideration in all matters of promotion and discharge.
8-11 (e) An officer or employee of the department may not be
8-12 discharged without just cause. The director shall determine
8-13 whether an officer or employee is to be discharged. An officer or
8-14 employee ordered discharged may appeal to the commission, and
8-15 during the appeal the officer or employee shall be suspended
8-16 without pay. Except as provided by Subsection (f), the [The]
8-17 department may not discharge, suspend, or demote a commissioned
8-18 officer except for the violation of a specific commission rule. If
8-19 the department discharges, suspends, or demotes an officer, the
8-20 department shall deliver to the officer a written statement giving
8-21 the reasons for the action taken. The written statement must point
8-22 out each commission rule alleged to have been violated by the
8-23 officer and must describe the alleged acts of the officer that the
8-24 department contends are in violation of the commission rules. [An
8-25 officer commissioned by the department may not be suspended,
8-26 terminated, or subjected to any form of discrimination by the
9-1 department because of the refusal of the officer to take a
9-2 polygraph examination.]
9-3 (f) [The commission shall establish grades and positions for
9-4 the department. For each grade and position the commission shall
9-5 designate the authority and responsibility within the limits of
9-6 this chapter, set standards of qualifications, and fix
9-7 prerequisites of training, education, and experience.] The
9-8 commission shall establish [adopt] necessary policies and
9-9 procedures [rules] for the appointment, promotion, reduction,
9-10 suspension, and discharge of all employees [after hearing before
9-11 the commission]. A discharged officer or employee is entitled, on
9-12 application to the commission, to a public hearing before the
9-13 commission, who shall affirm or set aside the discharge. The
9-14 commission shall affirm or set aside a discharge on the basis of
9-15 the evidence presented. If the commission affirms the discharge,
9-16 the discharged officer may seek judicial review, not later than the
9-17 90th day after the date the commission affirms the discharge, in a
9-18 district court under the substantial evidence standard of review,
9-19 and the officer remains suspended without pay while the case is
9-20 under judicial review. A noncommissioned employee [person]
9-21 inducted into the service of the department is on probation for the
9-22 first one year of service, and an officer is on probation from the
9-23 date the person is inducted into the service of the department
9-24 until the anniversary of the date the person is commissioned. At
9-25 [at] any time during the probationary [that] period, a person may
9-26 be discharged without the public hearing provided for by this
10-1 subsection if the director, with the advice and consent of the
10-2 commission, finds the person to be unsuitable for the work.
10-3 SECTION 7. Subchapter A, Chapter 411, Government Code, is
10-4 amended by adding Sections 411.0071, 411.0072, 411.0073, 411.0098,
10-5 411.0099, and 411.0131 to read as follows:
10-6 Sec. 411.0071. DIRECT APPOINTMENT TO MANAGEMENT TEAM
10-7 POSITIONS BY DIRECTOR. (a) The director may designate a head of a
10-8 division or a position that involves working directly with the
10-9 director as a management team position.
10-10 (b) The director may directly appoint a person to a position
10-11 designated as a management team position under Subsection (a) under
10-12 criteria determined by the director and approved by the commission.
10-13 The director's appointment of a person to a management team
10-14 position or transfer of a person from a management team position to
10-15 another position for which the person is qualified, as determined
10-16 by the director, is not subject to Section 411.007.
10-17 (c) A person appointed to a management team position under
10-18 this section, on removal from that position, shall be returned to
10-19 the position the person held immediately before appointment to the
10-20 management team position or to a position of equivalent rank. If a
10-21 person is removed from a management team position as a result of
10-22 the filing of a formal charge of misconduct, this subsection
10-23 applies only if the person is exonerated for the misconduct
10-24 charged.
10-25 Sec. 411.0072. EMPLOYMENT-RELATED GRIEVANCES AND APPEALS OF
10-26 DISCIPLINARY ACTIONS WITHIN THE DEPARTMENT. (a) In this section:
11-1 (1) "Disciplinary action" means discharge, suspension,
11-2 or demotion.
11-3 (2) "Employment-related grievance" means an
11-4 employment-related issue, other than a disciplinary action, in
11-5 regard to which an employee wishes to express dissatisfaction,
11-6 including promotions, leave requests, performance evaluations,
11-7 transfers, benefits, working environment, shift or duty
11-8 assignments, harassment, retaliation, and relationships with
11-9 supervisors or other employees or any other issue the commission
11-10 determines by rule.
11-11 (b) The commission shall establish procedures and practices
11-12 governing the appeal of a disciplinary action within the
11-13 department.
11-14 (c) The commission shall establish procedures and practices
11-15 through which the department will address an employment-related
11-16 grievance that include:
11-17 (1) a form on which an employee may state an
11-18 employment-related grievance and request a specific corrective
11-19 action;
11-20 (2) time limits for submitting a grievance and for
11-21 management to respond to a grievance;
11-22 (3) a multilevel process in which an employee's
11-23 grievance is submitted to the lowest appropriate level of
11-24 management, with each subsequent appeal submitted to a higher level
11-25 in the chain of command;
11-26 (4) an assurance that confidentiality of all parties
12-1 involved will be maintained, except to the extent that information
12-2 that is subject to required public disclosure under the public
12-3 information law, Chapter 552, is released in response to an open
12-4 records request, and that retaliation against an employee who files
12-5 a grievance is prohibited; and
12-6 (5) a program to advertise and explain the grievance
12-7 procedure to all employees.
12-8 (d) The department shall submit annually to the commission,
12-9 and as part of its biennial report to the legislature required
12-10 under Section 411.004, a report on the department's use of the
12-11 employment-related grievance process under Subsection (c). The
12-12 report must include:
12-13 (1) the number of grievances filed;
12-14 (2) a brief description of the subject of each
12-15 grievance filed; and
12-16 (3) the final disposition of each grievance.
12-17 Sec. 411.0073. MEDIATION OF PERSONNEL DISPUTES. (a) The
12-18 commission shall establish procedures for an employee to resolve an
12-19 employment-related grievance covered by Section 411.0072 through
12-20 mediation if the employee chooses. The procedures must include
12-21 mediation procedures and establish the circumstances under which
12-22 mediation is appropriate for an employment-related grievance.
12-23 (b) Except for Section 2008.054, Chapter 2008, as added by
12-24 Chapter 934, Acts of the 75th Legislature, Regular Session, 1997,
12-25 does not apply to the mediation. The mediator must be trained in
12-26 mediation techniques.
13-1 Sec. 411.0098. COORDINATION WITH DEPARTMENT OF
13-2 TRANSPORTATION. (a) The department and the Texas Department of
13-3 Transportation shall establish procedures to ensure effective
13-4 coordination of the development of transportation infrastructure
13-5 projects that affect both agencies.
13-6 (b) Procedures established under this section shall:
13-7 (1) allow each agency to provide comments and advice
13-8 to the other agency on an ongoing basis regarding statewide
13-9 transportation planning efforts that affect traffic law
13-10 enforcement;
13-11 (2) define the role of each agency in transportation
13-12 infrastructure efforts; and
13-13 (3) require the department and the Texas Department of
13-14 Transportation to develop a plan for applying for and using federal
13-15 funds to address infrastructure needs that affect enforcement
13-16 efforts.
13-17 (c) The department and the Texas Department of
13-18 Transportation shall:
13-19 (1) update and revise the procedures established under
13-20 this section as necessary; and
13-21 (2) file not later than January 15 of each
13-22 odd-numbered year with the presiding officer of each house of the
13-23 legislature a report that describes the procedures established
13-24 under this section and their implementation.
13-25 Sec. 411.0099. NEEDS ASSESSMENT FOR ENFORCEMENT OF
13-26 COMMERCIAL MOTOR VEHICLE RULES. (a) The department shall conduct
14-1 a long-term needs assessment for the enforcement of commercial
14-2 motor vehicle rules that considers at a minimum:
14-3 (1) the inventory of current facilities and equipment
14-4 used for enforcement, including types of scales, structures, space,
14-5 and other equipment;
14-6 (2) enforcement activity, including trend information,
14-7 at fixed-site facilities;
14-8 (3) staffing levels and operating hours for each
14-9 facility; and
14-10 (4) needed infrastructure improvements and the
14-11 associated costs and projected increase in activity that would
14-12 result from the improvements.
14-13 (b) The department shall submit a biennial report to the
14-14 legislative committees with primary jurisdiction over state
14-15 budgetary matters and the Texas Transportation Commission that
14-16 reflects the results of the needs assessment conducted under
14-17 Subsection (a). The report shall be submitted to the legislature
14-18 in conjunction with the department's legislative appropriations
14-19 request.
14-20 Sec. 411.0131. USE OF SEIZED AND FORFEITED ASSETS. (a) The
14-21 commission by rule shall establish a process under which the
14-22 commission approves all of the department's dispositions of assets
14-23 seized or forfeited under state or federal law and received by or
14-24 appropriated to the department. The commission shall adopt rules
14-25 under this section in accordance with Chapter 2001. Before
14-26 approving a disposition, the commission shall consider how the
15-1 disposition supports priorities established in the department's
15-2 strategic plan and whether the disposition complies with applicable
15-3 federal guidelines.
15-4 (b) The department shall file annually with the governor and
15-5 the presiding officer of each house of the legislature a report on
15-6 seized and forfeited assets. The report must include:
15-7 (1) a summary of receipts, dispositions, and fund
15-8 balances for the fiscal year derived from both federal and state
15-9 sources;
15-10 (2) regarding receipts, the court in which each case
15-11 involving seized or forfeited assets was adjudicated, the nature
15-12 and value of the assets, and the specific intended use of the
15-13 assets;
15-14 (3) regarding dispositions, the departmental control
15-15 number and category, the division making the request, the specific
15-16 item and amount requested, the amount the commission approved, and
15-17 the actual amount expended per item; and
15-18 (4) regarding planned dispositions, a description of
15-19 the broad categories of anticipated dispositions and how they
15-20 relate to the department's strategic plan.
15-21 (c) The department shall, within 30 days after the end of
15-22 each quarter, report and justify any dispositions of seized or
15-23 forfeited assets during the quarter that:
15-24 (1) differ from the planned dispositions reported
15-25 under Subsection (b); and
15-26 (2) were used for a purpose not considered a priority
16-1 in the department's strategic plan or not required by law or
16-2 applicable federal guidelines.
16-3 SECTION 8. Section 411.0195, Government Code, is amended by
16-4 amending Subsections (c) and (d) and adding Subsection (e) to read
16-5 as follows:
16-6 (c) The department shall maintain a file on each written
16-7 complaint filed with the department. The file must include:
16-8 (1) the name of the person who filed the complaint;
16-9 (2) the date the complaint is received by the
16-10 department;
16-11 (3) the subject matter of the complaint;
16-12 (4) the name of each person contacted in relation to
16-13 the complaint;
16-14 (5) a summary of the results of the review or
16-15 investigation of the complaint; and
16-16 (6) an explanation of the reason the file was closed,
16-17 if the agency closed the file without taking action other than to
16-18 investigate the complaint [keep an information file about each
16-19 complaint filed with the department that the department has
16-20 authority to resolve].
16-21 (d) The department shall provide to the person filing the
16-22 complaint and to each person who is a subject of the complaint a
16-23 copy of the department's policies and procedures relating to
16-24 complaint investigation and resolution.
16-25 (e) The department, at least quarterly until final
16-26 disposition of the complaint, shall notify the person filing the
17-1 complaint and each person who is a subject of the complaint of the
17-2 status of the investigation unless the notice would jeopardize an
17-3 undercover investigation. [If a written complaint is filed with the
17-4 department that the department has authority to resolve, the
17-5 department, at final disposition of the complaint, shall notify the
17-6 parties to the complaint of the status of the complaint unless the
17-7 notice would jeopardize an undercover investigation.]
17-8 SECTION 9. Section 411.023, Government Code, is amended by
17-9 adding Subsection (f) to read as follows:
17-10 (f) The commission shall authorize a badge for persons
17-11 appointed as special rangers under this section that is distinct in
17-12 appearance from the badge authorized for special Texas Rangers
17-13 under Section 411.024 and from any badge issued to a Texas Ranger.
17-14 SECTION 10. Subchapter B, Chapter 411, Government Code, is
17-15 amended by adding Section 411.024 to read as follows:
17-16 Sec. 411.024. SPECIAL TEXAS RANGERS. (a) The commission
17-17 may appoint as a special Texas Ranger an honorably retired or
17-18 retiring commissioned officer of the department whose position
17-19 immediately preceding retirement is an officer of the Texas
17-20 Rangers.
17-21 (b) A special Texas Ranger is subject to the orders of the
17-22 commission and the governor for special duty to the same extent as
17-23 other law enforcement officers provided for by this chapter, except
17-24 that a special Texas Ranger may not enforce a law except one
17-25 designed to protect life and property and may not enforce a law
17-26 regulating the use of a state highway by a motor vehicle. A
18-1 special Texas Ranger is not connected with a ranger company or
18-2 uniformed unit of the department.
18-3 (c) Before issuance of a commission to a special Texas
18-4 Ranger the person shall enter into a good and sufficient bond
18-5 executed by a surety company authorized to do business in the state
18-6 in the amount of $2,500, approved by the director, and indemnifying
18-7 all persons against damages resulting from an unlawful act of the
18-8 special Texas Ranger.
18-9 (d) A special Texas Ranger is not entitled to compensation
18-10 from the state for service as a special Texas Ranger.
18-11 (e) A special Texas Ranger commission expires January 1 of
18-12 the first odd-numbered year after appointment. The commission may
18-13 revoke the commission of a special Texas Ranger who commits a
18-14 violation of a rule of the department for which an active officer
18-15 of the Texas Rangers would be discharged.
18-16 (f) The commission shall authorize a badge for persons
18-17 appointed as special Texas Rangers under this section that is
18-18 distinct in appearance from the badge authorized for special
18-19 rangers under Section 411.023.
18-20 SECTION 11. Subsection (a), Section 411.046, Government
18-21 Code, is amended to read as follows:
18-22 (a) The bureau of identification and records shall establish
18-23 and maintain a central repository for the collection and analysis
18-24 of information relating to crimes that are motivated by prejudice,
18-25 hatred, or advocacy of violence, including, but not limited to,
18-26 incidents for which statistics are or were kept under Public Law
19-1 No. 101-275, as that law existed on July 3, 1996 [September 1,
19-2 1991]. On establishing the repository, the department shall
19-3 develop a procedure to monitor, record, classify, and analyze
19-4 information relating to incidents directed against persons and
19-5 property that are apparently motivated by the factors listed in
19-6 this subsection.
19-7 SECTION 12. Subsection (a), Section 411.047, Government
19-8 Code, is amended to read as follows:
19-9 (a) The department shall maintain statistics related to
19-10 responses by law enforcement agencies to incidents in which a
19-11 person licensed to carry a handgun under Subchapter H is convicted
19-12 of [arrested for] an offense under Section 46.035, Penal Code[, or
19-13 discharges a handgun].
19-14 SECTION 13. Subchapter D, Chapter 411, Government Code, is
19-15 amended by adding Section 411.050 to read as follows:
19-16 Sec. 411.050. CRIME STATISTIC MAPPING. The department, in
19-17 conjunction with Southwest Texas State University, may annually
19-18 produce maps of the state that include information regarding crime
19-19 statistics correlated with the various regions of the state.
19-20 SECTION 14. Section 411.178, Government Code, is amended to
19-21 read as follows:
19-22 Sec. 411.178. NOTICE TO LOCAL LAW ENFORCEMENT. [If the
19-23 department issues a license, the department shall notify the
19-24 sheriff of the county in which the license holder resides that a
19-25 license has been issued to the license holder.] On request of a
19-26 local law enforcement agency, the department shall notify the
20-1 agency of the licenses that have been issued to license holders who
20-2 reside in the county in which the agency is located.
20-3 SECTION 15. Subsection (f), Section 411.181, Government
20-4 Code, is amended to read as follows:
20-5 (f) [The department shall notify the sheriff of the county
20-6 in which a license holder resides of a change made under Subsection
20-7 (a) by the license holder.] On request of a local law enforcement
20-8 agency, the department shall notify the agency of changes made
20-9 under Subsection (a) by license holders who reside in the county in
20-10 which the agency is located.
20-11 SECTION 16. Chapter 411, Government Code, is amended by
20-12 adding Subchapter I to read as follows:
20-13 SUBCHAPTER I. INTERNAL OVERSIGHT
20-14 Sec. 411.241. OFFICE OF AUDIT AND REVIEW. The commission
20-15 shall establish the office of audit and review. The office shall
20-16 coordinate activities designed to promote effectiveness in
20-17 departmental operations and to keep the commission and the
20-18 legislature fully informed about deficiencies within the
20-19 department. The office shall:
20-20 (1) inspect and audit departmental programs and
20-21 operations for efficiency, uniformity, and compliance with
20-22 established procedures and develop recommendations for improvement;
20-23 (2) coordinate and be responsible for promoting
20-24 accountability, integrity, and efficiency in the department; and
20-25 (3) provide the commission with information relevant
20-26 to its oversight of the department.
21-1 Sec. 411.242. DIRECTOR OF AUDIT AND REVIEW. (a) The
21-2 commission shall appoint the director of the office of audit and
21-3 review. The director of audit and review serves until removed by
21-4 the commission.
21-5 (b) The director of audit and review must satisfy the
21-6 requirements to be the agency's internal auditor under Section
21-7 2102.006(b) and is considered to be the agency's internal auditor
21-8 for purposes of Chapter 2102.
21-9 (c) The department shall provide the director of audit and
21-10 review with access to any records, data, or other information
21-11 necessary to fulfill the purposes of this section and Section
21-12 411.243.
21-13 (d) The director of audit and review shall, with the advice
21-14 and consent of the commission, determine which audits and
21-15 inspections to perform and may publish the findings and
21-16 recommendations of the office of audit and review.
21-17 (e) The director of audit and review shall:
21-18 (1) report to the commission regarding audits and
21-19 inspections planned and the status and findings of those audits and
21-20 inspections; and
21-21 (2) report to the director for administrative purposes
21-22 and keep the director informed of the office's findings.
21-23 Sec. 411.243. POWERS AND DUTIES. (a) The office of audit
21-24 and review shall:
21-25 (1) independently and objectively inspect all
21-26 divisions of the department to:
22-1 (A) ensure that operations are conducted
22-2 efficiently, uniformly, and in compliance with established
22-3 procedures; and
22-4 (B) make recommendations for improvements in
22-5 operational performance;
22-6 (2) independently and objectively audit all divisions
22-7 of the department to:
22-8 (A) promote economy, effectiveness, and
22-9 efficiency within the department;
22-10 (B) prevent and detect fraud, waste, and abuse
22-11 in department programs and operations; and
22-12 (C) make recommendations about the adequacy and
22-13 effectiveness of the department's system of internal control
22-14 policies and procedures;
22-15 (3) advise in the development and evaluation of the
22-16 department's performance measures;
22-17 (4) review actions taken by the department to improve
22-18 program performance and make recommendations for improvement;
22-19 (5) review and make recommendations to the commission
22-20 and the legislature regarding rules, laws, and guidelines relating
22-21 to department programs and operations;
22-22 (6) keep the commission, director, and legislature
22-23 fully informed of problems in department programs and operations;
22-24 and
22-25 (7) ensure effective coordination and cooperation
22-26 among the state auditor's office, legislative oversight committees,
23-1 and other governmental bodies while attempting to avoid
23-2 duplication.
23-3 (b) Chapter 2102 applies to the office of audit and review.
23-4 Sec. 411.244. INTERNAL AFFAIRS. (a) The director shall
23-5 establish the office of internal affairs.
23-6 (b) The office of internal affairs has original departmental
23-7 jurisdiction over all investigations occurring on department
23-8 property or involving department employees. The office shall
23-9 coordinate, but need not conduct, all investigations under this
23-10 section.
23-11 (c) An investigation under this section may be initiated
23-12 only by the director or the commission.
23-13 (d) The director shall appoint the head of the office of
23-14 internal affairs. The head of the office of internal affairs
23-15 serves until removed by the director.
23-16 (e) The head of the office of internal affairs shall report
23-17 directly to the director regarding performance of and activities
23-18 related to investigations, report to the director for
23-19 administrative purposes, and provide the director with information
23-20 regarding investigations as appropriate.
23-21 (f) The head of the office of internal affairs shall present
23-22 at each regularly scheduled commission meeting and at other
23-23 appropriate times a summary of information relating to
23-24 investigations conducted under this section that includes analysis
23-25 of the number, type, and outcome of investigations, trends in the
23-26 investigations, and recommendations to avoid future complaints.
24-1 SECTION 17. Subsection (a), Section 502.409, Transportation
24-2 Code, is amended to read as follows:
24-3 (a) A person commits an offense if the person attaches to or
24-4 displays on a motor vehicle a number plate or registration insignia
24-5 that:
24-6 (1) is assigned to a different motor vehicle;
24-7 (2) is assigned to the vehicle under any other motor
24-8 vehicle law other than by the department;
24-9 (3) is assigned for a registration period other than
24-10 the registration period in effect;
24-11 (4) is fictitious; [or]
24-12 (5) has letters, numbers, or other identification
24-13 marks that because of blurring matter are not plainly visible at
24-14 all times during daylight;
24-15 (6) is a sticker, decal, or other insignia that is not
24-16 authorized by law and that interferes with the readability of the
24-17 letters or numbers on the plate; or
24-18 (7) has a coating, covering, or protective material
24-19 that distorts angular visibility or detectability.
24-20 SECTION 18. Section 521.044, Transportation Code, is amended
24-21 by adding Subsection (f) to read as follows:
24-22 (f) This section does not authorize the department to
24-23 require an applicant for a driver's license to provide the
24-24 applicant's social security number unless the provision of the
24-25 social security number is required under federal law.
24-26 SECTION 19. Subchapter E, Chapter 521, Transportation Code,
25-1 is amended by adding Section 521.103 to read as follows:
25-2 Sec. 521.103. RENEWAL BY MAIL OR ELECTRONIC MEANS. The
25-3 department by rule may provide that the holder of a personal
25-4 identification certificate may renew the certificate by mail, by
25-5 telephone, over the Internet, or by other electronic means. A rule
25-6 adopted under this section may prescribe eligibility standards for
25-7 renewal under this section.
25-8 SECTION 20. Section 521.125, Transportation Code, is amended
25-9 to read as follows:
25-10 Sec. 521.125. MEDICAL AND EMERGENCY INFORMATION ON LICENSE.
25-11 On the reverse side of a driver's license, the department shall:
25-12 (1) print:
25-13 (A) [(1)] "Allergic Reaction to Drugs: _____";
25-14 [and]
25-15 (B) [(2)] "Directive to physician has been filed
25-16 at tel. #"; and
25-17 (C) "Emergency contact tel. #";
25-18 (2) include to the right of the statements under
25-19 Subdivisions (1)(B) and (C) a surface on which [followed by a line
25-20 that] the license holder may write [use to indicate] the
25-21 appropriate telephone number; and
25-22 (3) include to the left of each of the statements
25-23 under Subdivisions (1)(B) and (C) a box that the license holder may
25-24 use to indicate for what purpose the telephone number applies.
25-25 SECTION 21. Subsection (a), Section 521.141, Transportation
25-26 Code, is amended to read as follows:
26-1 (a) An applicant for an original or renewal of a driver's
26-2 license must apply in a manner prescribed [on a form provided] by
26-3 the department.
26-4 SECTION 22. Section 521.142, Transportation Code, is amended
26-5 by adding Subsection (g) to read as follows:
26-6 (g) The department may not require an applicant to provide
26-7 the applicant's social security number unless the provision of the
26-8 social security number is required under federal law.
26-9 SECTION 23. Subsection (a), Section 521.143, Transportation
26-10 Code, is amended to read as follows:
26-11 (a) An application for an original [or renewal of a]
26-12 driver's license must be accompanied by evidence of financial
26-13 responsibility or a statement that the applicant does not own a
26-14 motor vehicle for which evidence of financial responsibility is
26-15 required under Chapter 601. The department may require an
26-16 application for a renewal of a driver's license to be accompanied
26-17 by evidence of financial responsibility or a statement that the
26-18 applicant does not own a motor vehicle for which evidence of
26-19 financial responsibility is required under Chapter 601.
26-20 SECTION 24. Section 521.274, Transportation Code, is amended
26-21 to read as follows:
26-22 Sec. 521.274. RENEWAL BY MAIL OR ELECTRONIC MEANS.
26-23 [(a)] The department by rule may provide that the holder of a
26-24 driver's license may renew the license by mail, by telephone, over
26-25 the Internet, or by other electronic means.
26-26 [(b)] A rule adopted under this section [subsection] may
27-1 prescribe eligibility standards for renewal under this section [not
27-2 permit renewal by mail of:]
27-3 [(1) a provisional license;]
27-4 [(2) an occupational license; or]
27-5 [(3) a driver's license if the license holder's
27-6 driving record as maintained by the department shows that the
27-7 holder, within the four years preceding the date of the renewal
27-8 application, has been convicted of:]
27-9 [(A) a moving violation, as defined by
27-10 department rule, in this state; or]
27-11 [(B) an offense described by Subchapter O].
27-12 SECTION 25. The subchapter heading to Subchapter M, Chapter
27-13 521, Transportation Code, is amended to read as follows:
27-14 SUBCHAPTER M. LICENSE EXPIRATION, [AND] RENEWAL,
27-15 AND NUMBER CHANGE
27-16 SECTION 26. Subchapter M, Chapter 521, Transportation Code,
27-17 is amended by adding Section 521.275 to read as follows:
27-18 Sec. 521.275. CHANGE OF DRIVER'S LICENSE OR PERSONAL
27-19 IDENTIFICATION CERTIFICATE NUMBER. (a) The department shall issue
27-20 to a person a new driver's license number or personal
27-21 identification certificate number on the person's showing a court
27-22 order stating that the person has been the victim of domestic
27-23 violence.
27-24 (b) The department may require each applicant to furnish the
27-25 information required by Section 521.142. If the applicant's name
27-26 has changed, the department may require evidence identifying the
28-1 applicant by both the former and new name.
28-2 (c) Except as provided by Sections 521.049(c), 730.005, and
28-3 730.006, the department may not disclose:
28-4 (1) the changed license or certificate number; or
28-5 (2) the person's name or any former name.
28-6 SECTION 27. Subsection (d), Section 521.306, Transportation
28-7 Code, is amended to read as follows:
28-8 (d) The department may not reinstate a license suspended or
28-9 revoked under this subchapter unless the person whose license was
28-10 suspended or revoked applies to the department for reinstatement of
28-11 the license and pays a $100 [$50] reinstatement fee to the
28-12 department.
28-13 SECTION 28. Subchapter R, Chapter 521, Transportation Code,
28-14 is amended by adding Section 521.427 to read as follows:
28-15 Sec. 521.427. METHOD OF PAYMENT OF FEES. (a) The
28-16 department may adopt rules regarding the method of payment of a fee
28-17 for a license, personal identification card, or license record
28-18 issued under this chapter.
28-19 (b) The rules may authorize payment, under circumstances
28-20 prescribed by the department:
28-21 (1) in person, by mail, by telephone, or over the
28-22 Internet;
28-23 (2) by means of electronic funds transfer; or
28-24 (3) by means of a valid credit card issued by a
28-25 financial institution chartered by a state or the federal
28-26 government or by a nationally recognized credit organization
29-1 approved by the department.
29-2 (c) The rules may require the payment of a discount or
29-3 service charge for a credit card payment in addition to the fee.
29-4 SECTION 29. Subsection (a), Section 548.051, Transportation
29-5 Code, is amended to read as follows:
29-6 (a) A motor vehicle, trailer, semitrailer, pole trailer, or
29-7 mobile home, registered in this state, must have the following
29-8 items inspected at an inspection station or by an inspector:
29-9 (1) tires;
29-10 (2) wheel assembly;
29-11 (3) safety guards or flaps, if required by Section
29-12 547.606;
29-13 (4) brake system, including power brake unit;
29-14 (5) steering system, including power steering;
29-15 (6) lighting equipment;
29-16 (7) horns and warning devices;
29-17 (8) mirrors;
29-18 (9) windshield wipers;
29-19 (10) sunscreening devices, unless the vehicle is
29-20 exempt from sunscreen device restrictions under Section 547.613;
29-21 (11) front seat belts in vehicles on which seat belt
29-22 anchorages were part of the manufacturer's original equipment;
29-23 (12) tax decal, if required by Section 548.104(d)(1);
29-24 (13) exhaust system; [and]
29-25 (14) exhaust emission system;
29-26 (15) fuel tank cap, using pressurized testing
30-1 equipment approved by department rule; and
30-2 (16) emissions control equipment as designated by
30-3 department rule.
30-4 SECTION 30. Section 548.306, Transportation Code, is amended
30-5 by adding Subsections (k), (l), (m), and (n) to read as follows:
30-6 (k) A hearing for a citation issued under this section shall
30-7 be heard by a justice of the peace of any precinct in the county in
30-8 which the vehicle is registered.
30-9 (l) Enforcement of the remote sensing component of the
30-10 vehicle emissions inspection and maintenance program may not
30-11 involve any method of screening in which the registered owner of a
30-12 vehicle found to have allowable emissions by remote sensing
30-13 technology is charged a fee.
30-14 (m) The department by rule may require that a vehicle
30-15 determined by on-road testing to have excessive emissions be
30-16 assessed an on-road emissions testing fee not to exceed the
30-17 emissions testing fee charged by a certified emissions testing
30-18 facility.
30-19 (n) The department by rule may establish procedures for
30-20 reimbursing a fee for a verification test required by Subsection
30-21 (c) if the owner demonstrates to the department's satisfaction
30-22 that:
30-23 (1) the vehicle passed the verification emissions test
30-24 not later than the 30th day after the date the vehicle owner
30-25 received notice that the vehicle was detected as having excessive
30-26 emissions; and
31-1 (2) the vehicle was not repaired between the date of
31-2 detection and the date of the verification emissions test.
31-3 SECTION 31. Subsections (a) and (c), Section 548.405,
31-4 Transportation Code, are amended to read as follows:
31-5 (a) The department may deny a person's application for a
31-6 certificate, revoke or suspend the certificate of a person,
31-7 inspection station, or inspector, place on probation a person who
31-8 holds a suspended certificate, or reprimand a person who holds a
31-9 certificate if:
31-10 (1) the station or inspector conducts an inspection,
31-11 fails to conduct an inspection, or issues a certificate:
31-12 (A) in violation of this chapter or a rule
31-13 adopted under this chapter; or
31-14 (B) without complying with the requirements of
31-15 this chapter or a rule adopted under this chapter;
31-16 (2) the person, station, or inspector commits an
31-17 offense under this chapter or violates this chapter or a rule
31-18 adopted under this chapter;
31-19 (3) the applicant or certificate holder does not meet
31-20 the standards for certification under this chapter or a rule
31-21 adopted under this chapter;
31-22 (4) the station or inspector does not maintain the
31-23 qualifications for certification or does not comply with a
31-24 certification requirement under Subchapter G;
31-25 (5) the certificate holder or the certificate holder's
31-26 agent, employee, or representative commits an act or omission that
32-1 would cause denial, revocation, or suspension of a certificate to
32-2 an individual applicant or certificate holder;
32-3 (6) the station or inspector does not pay a fee
32-4 required by Subchapter H; or
32-5 (7) the inspector or owner of an inspection station is
32-6 convicted of a:
32-7 (A) felony or Class A or Class B misdemeanor;
32-8 (B) similar crime under the jurisdiction of
32-9 another state or the federal government that is punishable to the
32-10 same extent as a felony or a Class A or Class B misdemeanor in this
32-11 state; or
32-12 (C) crime under the jurisdiction of another
32-13 state or the federal government that would be a felony or a Class A
32-14 or Class B misdemeanor if the crime were committed in this state.
32-15 (c) If the department suspends a certificate because of a
32-16 violation of Subchapter F, the suspension must be for a period of
32-17 not less than six months. The suspension may not be probated or
32-18 deferred.
32-19 SECTION 32. Subsection (l), Section 548.407, Transportation
32-20 Code, is amended to read as follows:
32-21 (l) If an administrative law judge of the State Office of
32-22 Administrative Hearings conducts a hearing under this section and
32-23 the proposal for decision supports the position of the department,
32-24 the proposal for decision may recommend a denial of an application
32-25 or a revocation or suspension of a certificate only. The proposal
32-26 may not recommend a reprimand or a probated or otherwise deferred
33-1 disposition of the denial, revocation, or suspension. If the [in
33-2 conducting a hearing under this section an] administrative law
33-3 judge [of the State Office of Administrative Hearings] makes a
33-4 proposal for a decision to deny an application or to suspend or
33-5 revoke a certificate, the administrative law judge shall include in
33-6 the proposal a finding of the costs, fees, expenses, and reasonable
33-7 and necessary attorney's fees the state incurred in bringing the
33-8 proceeding. The director may adopt the finding for costs, fees,
33-9 and expenses and make the finding a part of the final order entered
33-10 in the proceeding. Proceeds collected from a finding made under
33-11 this subsection shall be paid to the department [deposited in a
33-12 special account in the general revenue fund that may be
33-13 appropriated only to the attorney general].
33-14 SECTION 33. Section 548.408, Transportation Code, is amended
33-15 by amending Subsections (a) and (b) and adding Subsection (f) to
33-16 read as follows:
33-17 (a) A person dissatisfied with the action of the director
33-18 may appeal the action[, without filing a motion for rehearing,] by
33-19 filing a petition in district court in the county where the person
33-20 resides or in Travis County. The petition must be filed not later
33-21 than the 30th day after the date the action is taken.
33-22 (b) The district or county attorney or the attorney general
33-23 shall represent the director in the appeal, except that an attorney
33-24 who is a full-time employee of the department may represent the
33-25 director in the appeal with the approval of the attorney general.
33-26 (f) A stay under this section may not be effective for more
34-1 than 90 days after the date the petition for appeal is filed. On
34-2 the expiration of the stay, the director's action shall be
34-3 reinstated or imposed. The department or court may not extend the
34-4 stay or grant an additional stay.
34-5 SECTION 34. Subsection (a), Section 548.501, Transportation
34-6 Code, is amended to read as follows:
34-7 (a) Except as provided by Sections 548.503 and 548.504, the
34-8 fee for inspection of a motor vehicle other than a moped is $12.50
34-9 [$10.50]. The fee for inspection of a moped is $5.75. The fee for
34-10 a verification form issued as required by Section 548.256 is $1.
34-11 SECTION 35. Subsection (a), Section 548.503, Transportation
34-12 Code, is amended to read as follows:
34-13 (a) The fee for inspection of a passenger car or light truck
34-14 under Section 548.102 shall be set by the department by rule on or
34-15 before September 1 of each year [is $19.75]. A fee set by the
34-16 department under this subsection must be based on the costs of
34-17 producing certificates, providing inspections, and administering
34-18 the program, but may not be less than $21.75.
34-19 SECTION 36. Subsection (a), Section 548.601, Transportation
34-20 Code, is amended to read as follows:
34-21 (a) A person, including an inspector or an inspection
34-22 station, commits an offense if the person:
34-23 (1) issues an inspection certificate with knowledge
34-24 that the issuance is in violation of this chapter or rules adopted
34-25 under this chapter;
34-26 (2) falsely or fraudulently represents to the owner or
35-1 operator of a vehicle that equipment inspected or required to be
35-2 inspected must be repaired, adjusted, or replaced for the vehicle
35-3 to pass an inspection;
35-4 (3) misrepresents:
35-5 (A) material information in an application in
35-6 violation of Section 548.402 or 548.403; or
35-7 (B) information filed with the department under
35-8 this chapter or as required by department rule;
35-9 (4) issues an inspection certificate:
35-10 (A) without authorization to issue the
35-11 certificate; or
35-12 (B) without inspecting the vehicle;
35-13 (5) issues an inspection certificate for a vehicle
35-14 with knowledge that the vehicle has not been repaired, adjusted, or
35-15 corrected after an inspection has shown a repair, adjustment, or
35-16 correction to be necessary;
35-17 (6) knowingly issues an inspection certificate:
35-18 (A) for a vehicle without conducting an
35-19 inspection of each item required to be inspected; or
35-20 (B) for a vehicle that is missing an item
35-21 required to be inspected or that has an item required to be
35-22 inspected that is not in compliance with state law or department
35-23 rules;
35-24 (7) refuses to allow a vehicle's owner to have a
35-25 qualified person of the owner's choice make a required repair,
35-26 adjustment, or correction; [or]
36-1 (8) charges for an inspection an amount greater than
36-2 the authorized fee; or
36-3 (9) performs an act prohibited by or fails to perform
36-4 an act required by this chapter or a rule adopted under this
36-5 chapter.
36-6 SECTION 37. Subsection (a), Section 548.602, Transportation
36-7 Code, is amended to read as follows:
36-8 (a) After the fifth day after the date of expiration of the
36-9 period designated for inspection, a person may not operate:
36-10 (1) a motor vehicle registered in this state unless a
36-11 current and appropriate inspection certificate is displayed on the
36-12 vehicle; or
36-13 (2) a commercial motor vehicle registered in this
36-14 state unless it is equipped as required by federal motor carrier
36-15 safety regulations and displays an inspection certificate issued
36-16 under the program established under Section 548.201.
36-17 SECTION 38. Subsection (a), Section 601.376, Transportation
36-18 Code, is amended to read as follows:
36-19 (a) A driver's license, vehicle registration, or
36-20 nonresident's operating privilege that has been suspended under
36-21 this chapter may not be reinstated and a new license or
36-22 registration may not be issued to the holder of the suspended
36-23 license, registration, or privilege until the person:
36-24 (1) pays to the department a fee of $100 [$50]; and
36-25 (2) complies with the other requirements of this
36-26 chapter.
37-1 SECTION 39. Subsection (b), Section 644.101, Transportation
37-2 Code, as amended by S.B. No. 1368, Acts of the 76th Legislature,
37-3 Regular Session, 1999, is amended to read as follows:
37-4 (b) A police officer of any of the following municipalities
37-5 is eligible to apply for certification under this section:
37-6 (1) a municipality with a population of 100,000 or
37-7 more;
37-8 (2) a municipality with a population of 25,000 or more
37-9 any part of which is located in a county with a population of 2.4
37-10 million or more; [or]
37-11 (3) a municipality with a population of less than
37-12 25,000:
37-13 (A) any part of which is located in a county
37-14 with a population of 2.4 million; and
37-15 (B) that contains or is adjacent to an
37-16 international port; or
37-17 (4) a municipality any part of which is located in a
37-18 county bordering the United Mexican States.
37-19 SECTION 40. Section 644.103, Transportation Code, is amended
37-20 by adding Subsections (d) and (e) to read as follows:
37-21 (d) A noncommissioned employee of the department who is
37-22 certified for the purpose by the director and who is supervised by
37-23 an officer of the department may, at a fixed-site facility, enter a
37-24 motor vehicle that is subject to this chapter. If the employee's
37-25 inspection shows that an enforcement action, such as the issuance
37-26 of a citation, is warranted, the supervising officer must take the
38-1 action.
38-2 (e) The department's training and other requirements for
38-3 certification of a noncommissioned employee of the department under
38-4 this section must be the same as the training and requirements,
38-5 other than the training and requirements for becoming and remaining
38-6 a peace officer, for officers who enforce this chapter.
38-7 SECTION 41. Section 644.104, Transportation Code, is amended
38-8 by adding Subsections (c) and (d) to read as follows:
38-9 (c) The department may use an officer to conduct an
38-10 inspection under this section if the inspection involves a
38-11 situation that the department determines to reasonably require the
38-12 use or presence of an officer to accomplish the inspection.
38-13 (d) The department's training and other requirements for
38-14 certification of a noncommissioned employee of the department under
38-15 this section must be the same as the training and requirements,
38-16 other than the training and requirements for becoming and remaining
38-17 a peace officer, for officers who enforce this chapter.
38-18 SECTION 42. Section 382.0374, Health and Safety Code, is
38-19 amended by adding Subsections (c) and (d) to read as follows:
38-20 (c) Subject to Subsection (d), the commission and the
38-21 Department of Public Safety of the State of Texas by rule may allow
38-22 alternative vehicle emissions testing, including onboard diagnostic
38-23 testing, if:
38-24 (1) the technology provides accurate and reliable
38-25 results;
38-26 (2) the technology is widely and readily available to
39-1 persons interested in performing alternative vehicle emissions
39-2 testing; and
39-3 (3) the use of alternative testing is not likely to
39-4 substantially affect federal approval of the state's air quality
39-5 state implementation plan.
39-6 (d) A rule adopted under Subsection (c) may not be more
39-7 restrictive than federal regulations governing vehicle emissions
39-8 testing.
39-9 SECTION 43. Subsections (a) and (b), Article 60.061, Code of
39-10 Criminal Procedure, are amended to read as follows:
39-11 (a) The Texas State Board of Medical Examiners, the Texas
39-12 State Board of Podiatric Medical Examiners, the State Board of
39-13 Dental Examiners, the Texas State Board of Pharmacy, and the State
39-14 Board of Veterinary Medical Examiners shall provide to the
39-15 Department of Public Safety through electronic means, magnetic
39-16 tape, or disk, as specified by the department, a list including the
39-17 name, date of birth, and any other personal descriptive information
39-18 required by the department for each person licensed by the
39-19 respective agency. Each agency shall update this information and
39-20 submit to the Department of Public Safety the updated information
39-21 quarterly [monthly].
39-22 (b) The Department of Public Safety shall perform at least
39-23 quarterly [monthly] a computer match of the licensing list against
39-24 the convictions maintained in the computerized criminal history
39-25 system. The Department of Public Safety shall report to the
39-26 appropriate licensing agency for verification and administrative
40-1 action, as considered appropriate by the licensing agency, the name
40-2 of any person found to have a record of conviction, except a
40-3 defendant whose prosecution is deferred during a period of
40-4 community supervision without an adjudication or plea of guilt.
40-5 The Department of Public Safety may charge the licensing agency a
40-6 fee not to exceed the actual direct cost incurred by the department
40-7 in performing a computer match and reporting to the agency.
40-8 SECTION 44. (a) In this section, "department" means the
40-9 Department of Public Safety of the State of Texas.
40-10 (b) The Public Safety Commission shall adopt each rule and
40-11 establish all procedures necessary to implement the changes in law
40-12 made by this Act not later than January 1, 2000.
40-13 (c) Notwithstanding Section 521.125, Transportation Code, as
40-14 amended by this Act, the department may use any materials used for
40-15 driver's licenses that the department has on the effective date of
40-16 this Act regardless of whether the materials comply with that
40-17 section.
40-18 (d) Section 411.0031, Government Code, as added by this Act,
40-19 does not apply to a member of the Public Safety Commission
40-20 appointed before the effective date of this Act during the term the
40-21 member is serving on that effective date.
40-22 (e) The change in law made by Subsection (f), Section
40-23 411.007, Government Code, as amended by this Act, relating to the
40-24 probationary period of certain employees of the department, applies
40-25 only to the probationary period of a person inducted into the
40-26 service of the department on or after the effective date of this
41-1 Act. The probationary period of a person inducted into the service
41-2 of the department before the effective date of this Act is governed
41-3 by the law as it existed immediately before the effective date of
41-4 this Act, and that law is continued in effect for that purpose.
41-5 (f) The change in law made by Subsection (f), Section
41-6 411.007, Government Code, as amended by this Act, relating to
41-7 judicial review of the discharge of an officer of the department,
41-8 applies only to a discharge that is affirmed by the Public Safety
41-9 Commission on or after the effective date of this Act. A discharge
41-10 that is affirmed by the commission before the effective date of
41-11 this Act is governed by the law as it existed immediately before
41-12 the effective date of this Act, and that law is continued in effect
41-13 for that purpose.
41-14 (g) The changes in law made by Section 411.0071, Government
41-15 Code, as added by this Act, apply only to an appointment or
41-16 promotion made on or after the effective date of this Act. A
41-17 person who, immediately before the effective date of this Act,
41-18 serves in a position that is designated as a management team
41-19 position by the director of the department on or after that date
41-20 continues to possess, after the effective date of this Act, all
41-21 rights related to holding that position that the person possessed
41-22 immediately before the effective date of this Act.
41-23 (h) The changes in law made by this Act do not affect a
41-24 commission issued under Section 411.023, Government Code, before
41-25 the effective date of this Act.
41-26 (i) Until the department sets the fee for an initial
42-1 two-year inspection of a passenger car or light truck under
42-2 Subsection (a), Section 548.503, Transportation Code, as amended by
42-3 this Act, the fee is $19.75 before January 1, 2000, and $21.75 on
42-4 or after January 1, 2000. The department by rule may set the fee
42-5 at an amount exceeding $19.75 and charge the greater amount before
42-6 January 1, 2000.
42-7 SECTION 45. (a) The change in law made by this Act to
42-8 Subsection (a), Section 502.409, Section 548.306, and Subsection
42-9 (a), Section 548.601, Transportation Code, applies only to an
42-10 offense committed on or after the effective date of this Act. For
42-11 purposes of this section, an offense is committed before the
42-12 effective date of this Act if any element of the offense occurs
42-13 before that date.
42-14 (b) An offense committed before the effective date of this
42-15 Act is covered by the law in effect when the offense was committed,
42-16 and that law is continued in effect for that purpose.
42-17 SECTION 46. The change in law made by this Act to Subsection
42-18 (l), Section 548.407, Transportation Code, relating to payment of
42-19 proceeds collected from a finding made under that subsection,
42-20 applies only to proceeds collected from a finding that is adopted
42-21 by the director of the Department of Public Safety of the State of
42-22 Texas on or after the effective date of this Act. Payment of
42-23 proceeds collected from a finding that is adopted by the director
42-24 before the effective date of this Act is governed by the law in
42-25 effect immediately before the effective date of this Act, and that
42-26 law is continued in effect for that purpose.
S.B. No. 370
43-1 SECTION 47. This Act takes effect September 1, 1999.
43-2 SECTION 48. The importance of this legislation and the
43-3 crowded condition of the calendars in both houses create an
43-4 emergency and an imperative public necessity that the
43-5 constitutional rule requiring bills to be read on three several
43-6 days in each house be suspended, and this rule is hereby suspended.
________________________________ ________________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 370 passed the Senate on
April 15, 1999, by a viva-voce vote; May 21, 1999, Senate refused
to concur in House amendments and requested appointment of
Conference Committee; May 24, 1999, House granted request of the
Senate; May 30, 1999, Senate adopted Conference Committee Report by
a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 370 passed the House, with
amendments, on May 19, 1999, by a non-record vote; May 24, 1999,
House granted request of the Senate for appointment of Conference
Committee; May 30, 1999, House adopted Conference Committee Report
by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
________________________________
Date
________________________________
Governor