76R14434 AJA-D
By Brown S.B. No. 370
Substitute the following for S.B. No. 370:
By Turner of Coleman C.S.S.B. No. 370
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the Department of
1-3 Public Safety of the State of Texas.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 411.002(b) and (c), Government Code, are
1-6 amended to read as follows:
1-7 (b) The department shall have its principal office and
1-8 headquarters [and shall keep all of its records] in Austin.
1-9 (c) The Department of Public Safety of the State of Texas is
1-10 subject to Chapter 325 (Texas Sunset Act). Unless continued in
1-11 existence as provided by that chapter, the department is abolished
1-12 and Subsections (a) and (b) expire September 1, 2009 [1999].
1-13 SECTION 2. Section 411.0036(c), Government Code, is amended
1-14 to read as follows:
1-15 (c) If the director has knowledge that a potential ground
1-16 for removal exists, the director shall notify the chairman of the
1-17 commission of the potential ground. The chairman shall then notify
1-18 the governor and the attorney general that a potential ground for
1-19 removal exists. If the potential ground for removal involves the
1-20 chairman, the director shall notify the member with the longest
1-21 tenure on the commission, other than the chairman, who shall then
1-22 notify the governor and the attorney general that a potential
1-23 ground for removal exists.
1-24 SECTION 3. Subchapter A, Chapter 411, Government Code, is
2-1 amended by amending Section 411.004 and adding Sections 411.0031
2-2 and 411.0041 to read as follows:
2-3 Sec. 411.0031. TRAINING FOR COMMISSION MEMBERS. (a) A
2-4 person who is appointed to and qualifies for office as a member of
2-5 the commission may not vote, deliberate, or be counted as a member
2-6 in attendance at a meeting of the commission until the person
2-7 completes a training program that complies with this section.
2-8 (b) The training program must provide the person with
2-9 information regarding:
2-10 (1) the legislation that created the department and
2-11 the commission;
2-12 (2) the programs operated by the department;
2-13 (3) the role and functions of the department;
2-14 (4) the rules of the department, with an emphasis on
2-15 the rules that relate to disciplinary and investigatory authority;
2-16 (5) the current budget for the department;
2-17 (6) the results of the most recent formal audit of the
2-18 department;
2-19 (7) the requirements of:
2-20 (A) the open meetings law, Chapter 551;
2-21 (B) the public information law, Chapter 552;
2-22 (C) the administrative procedure law, Chapter
2-23 2001; and
2-24 (D) other laws relating to public officials,
2-25 including conflict of interest laws; and
2-26 (8) any applicable ethics policies adopted by the
2-27 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
3-27 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. Sections 411.005(b) and (c), Government Code, are
4-8 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;
4-27 (2) act as executive director of the department;
5-1 (3) act with the commission in an advisory capacity,
5-2 without vote;
5-3 (4) adopt rules, subject to commission approval,
5-4 considered necessary for the control of the department;
5-5 (5) issue commissions as law enforcement officers,
5-6 under the commission's direction, to all members of the Texas
5-7 Rangers and the Texas Highway Patrol and to other officers of the
5-8 department;
5-9 (6) appoint, with the advice and consent of the
5-10 commission, the head [chiefs] of a division or bureau [the bureaus]
5-11 provided for by this chapter;
5-12 (7) [issue and sign requisitions as provided by law
5-13 for the purchase of supplies for the office and officers of the
5-14 department, suitable uniforms, arms, and equipment;]
5-15 [(8)] quarterly, annually, and biennially submit to
5-16 the commission detailed reports of the operation of the department,
5-17 including statements of its expenditures; and
5-18 (8) [(9)] prepare, swear to, submit to the governor,
5-19 and file in the department's records a quarterly statement
5-20 containing an itemized list of all money received and its source
5-21 and all money spent and the purposes for which it was spent.
5-22 (b) The director or the director's designee shall provide to
5-23 members of the commission and to department employees, as often as
5-24 necessary, information regarding the requirements for office or
5-25 employment under this chapter, including information regarding a
5-26 person's responsibilities under applicable laws relating to
5-27 standards of conduct for state officers or employees.
6-1 Sec. 411.0061. COMMERCIAL CARRIER INSPECTIONS:
6-2 IMPLEMENTATION SCHEDULE FOR NONCOMMISSIONED PERSONNEL. (a) The
6-3 director shall develop a schedule to include the use of
6-4 noncommissioned staff assigned to enforce commercial motor vehicle
6-5 rules under Sections 644.103 and 644.104, Transportation Code, to
6-6 supplement the current enforcement program by commissioned
6-7 officers. The schedule shall be implemented over a five-year period
6-8 beginning January 1, 2000.
6-9 (b) A report that provides details of the schedule and the
6-10 status of schedule implementation shall be filed with the
6-11 Legislative Budget Board with each legislative appropriations
6-12 request of the department.
6-13 (c) Unless otherwise directed by the General Appropriations
6-14 Act, the department may not increase the number of commissioned
6-15 officers assigned to enforce commercial motor vehicle rules under
6-16 Sections 644.103 and 644.104, Transportation Code, until the
6-17 schedule developed under Subsection (a) has been fully implemented.
6-18 (d) The department may not reduce the number of commissioned
6-19 officers to comply with this section, unless otherwise directed by
6-20 the General Appropriations Act.
6-21 (e) This section expires January 1, 2005.
6-22 SECTION 6. Section 411.007, Government Code, is amended to
6-23 read as follows:
6-24 Sec. 411.007. OFFICERS AND EMPLOYEES. (a) Subject to [the
6-25 commission's approval and] the provisions of this chapter, the
6-26 director may appoint, promote, reduce, suspend, or discharge any
6-27 officer or employee of the department.
7-1 (b) Appointment or promotion of an officer or employee must
7-2 be based on merit determined [by examination] under commission
7-3 rules that take into consideration the applicant's age and [,]
7-4 physical condition, if appropriate and to the extent allowed under
7-5 federal law, and that take into consideration the applicant's
7-6 experience[,] and education. The department, with the advice and
7-7 consent of the commission, shall establish procedures for the
7-8 promotion of commissioned officers to positions not governed by
7-9 Section 411.0071. The procedures must be based on merit and
7-10 consistently applied. Each person who has an application on file
7-11 for a position in the department for which an applicant must take
7-12 an examination shall be given reasonable written notice of the time
7-13 and place of those examinations.
7-14 (c) An applicant for a position in the department must be a
7-15 United States citizen. An applicant may not be questioned
7-16 regarding the applicant's political affiliation or religious faith
7-17 or beliefs. The department may not prohibit an officer or employee
7-18 of the department, while off duty and out of uniform, from placing
7-19 a bumper sticker endorsing political activities or a candidate for
7-20 political office on a personal vehicle, placing a campaign sign in
7-21 the person's private yard, making a political contribution, or
7-22 wearing a badge endorsing political activities or a candidate. An
7-23 officer commissioned by the department may not be suspended,
7-24 terminated, or subjected to any form of discrimination by the
7-25 department because of the refusal of the officer to take a
7-26 polygraph examination.
7-27 (d) At least annually the heads [chiefs] of the divisions
8-1 and bureaus, after due investigation, shall make a report to the
8-2 director [commission] of the efficiency of each employee within the
8-3 division or bureau. These reports shall be kept in the
8-4 department's [commission's] permanent files and shall be given
8-5 proper consideration in all matters of promotion and discharge.
8-6 (e) An officer or employee of the department may not be
8-7 discharged without just cause. The director shall determine
8-8 whether an officer or employee is to be discharged. An officer or
8-9 employee ordered discharged may appeal to the commission, and
8-10 during the appeal the officer or employee shall be suspended
8-11 without pay. Except as provided by Subsection (f), the [The]
8-12 department may not discharge, suspend, or demote a commissioned
8-13 officer except for the violation of a specific commission rule. If
8-14 the department discharges, suspends, or demotes an officer, the
8-15 department shall deliver to the officer a written statement giving
8-16 the reasons for the action taken. The written statement must point
8-17 out each commission rule alleged to have been violated by the
8-18 officer and must describe the alleged acts of the officer that the
8-19 department contends are in violation of the commission rules. [An
8-20 officer commissioned by the department may not be suspended,
8-21 terminated, or subjected to any form of discrimination by the
8-22 department because of the refusal of the officer to take a
8-23 polygraph examination.]
8-24 (f) [The commission shall establish grades and positions for
8-25 the department. For each grade and position the commission shall
8-26 designate the authority and responsibility within the limits of
8-27 this chapter, set standards of qualifications, and fix
9-1 prerequisites of training, education, and experience.] The
9-2 commission shall establish [adopt] necessary policies and
9-3 procedures [rules] for the appointment, promotion, reduction,
9-4 suspension, and discharge of all employees [after hearing before
9-5 the commission]. A discharged officer or employee is entitled, on
9-6 application to the commission, to a public hearing before the
9-7 commission, who shall affirm or set aside the discharge. The
9-8 commission shall affirm or set aside a discharge on the basis of
9-9 the evidence presented. If the commission affirms a discharge, the
9-10 discharged officer or employee may seek judicial review in a
9-11 district court under the substantial evidence standard of review.
9-12 A noncommissioned employee [person] inducted into the service of
9-13 the department is on probation for the first one year of service,
9-14 and an officer is on probation from the date the person is inducted
9-15 into the service of the department until the anniversary of the
9-16 date the person is commissioned. At [at] any time during the
9-17 probationary [that] period, a person may be discharged without the
9-18 public hearing provided for by this subsection if the director,
9-19 with the advice and consent of the commission, finds the person to
9-20 be unsuitable for the work.
9-21 SECTION 7. Subchapter A, Chapter 411, Government Code, is
9-22 amended by adding Sections 411.0071-411.0073, 411.0098, 411.0099,
9-23 and 411.0131 to read as follows:
9-24 Sec. 411.0071. DIRECT APPOINTMENT TO MANAGEMENT TEAM
9-25 POSITIONS BY DIRECTOR. (a) The director may designate a head of a
9-26 division or a position that involves working directly with the
9-27 director as a management team position.
10-1 (b) The director may directly appoint a person to a position
10-2 designated as a management team position under Subsection (a) under
10-3 criteria determined by the director and approved by the commission.
10-4 The director's appointment of a person to a management team
10-5 position or transfer of a person from a management team position to
10-6 another position for which the person is qualified, as determined
10-7 by the director, is not subject to Section 411.007.
10-8 (c) A person appointed to a management team position under
10-9 this section, on removal from that position, shall be returned to
10-10 the position the person held immediately before appointment to the
10-11 management team position or to a position of equivalent rank. If a
10-12 person is removed from a management team position as a result of
10-13 the filing of a formal charge of misconduct, this subsection
10-14 applies only if the person is exonerated for the misconduct
10-15 charged.
10-16 Sec. 411.0072. EMPLOYMENT-RELATED GRIEVANCES AND APPEALS OF
10-17 DISCIPLINARY ACTIONS WITHIN THE DEPARTMENT. (a) In this section:
10-18 (1) "Disciplinary action" means discharge, suspension,
10-19 or demotion.
10-20 (2) "Employment-related grievance" means an
10-21 employment-related issue, other than a disciplinary action, in
10-22 regard to which an employee wishes to express dissatisfaction,
10-23 including promotions, leave requests, performance evaluations,
10-24 transfers, benefits, working environment, shift or duty
10-25 assignments, harassment, retaliation, relationships with
10-26 supervisors or other employees, and any other issue specified by
10-27 the commission.
11-1 (b) The commission shall establish procedures and practices
11-2 governing the appeal of a disciplinary action within the
11-3 department.
11-4 (c) The commission shall establish procedures and practices
11-5 through which the department will address an employment-related
11-6 grievance that include:
11-7 (1) a form on which an employee may state an
11-8 employment-related grievance and request a specific corrective
11-9 action;
11-10 (2) time limits for submitting a grievance and for
11-11 management to respond to a grievance;
11-12 (3) a multilevel process in which an employee's
11-13 grievance is submitted to the lowest appropriate level of
11-14 management, with each subsequent appeal submitted to a higher level
11-15 in the chain of command;
11-16 (4) an assurance that confidentiality of all parties
11-17 involved will be maintained, except to the extent that information
11-18 that is subject to required public disclosure under the public
11-19 information law, Chapter 552, is released in response to an open
11-20 records request, and that retaliation against an employee who files
11-21 a grievance is prohibited; and
11-22 (5) a program to advertise and explain the grievance
11-23 procedure to all employees.
11-24 (d) The department shall submit annually to the commission,
11-25 and as part of its biennial report to the legislature required
11-26 under Section 411.004, a report on the department's use of the
11-27 employment-related grievance process under Subsection (c). The
12-1 report must include:
12-2 (1) the number of grievances filed;
12-3 (2) a brief description of the subject of each
12-4 grievance filed; and
12-5 (3) the final disposition of each grievance.
12-6 Sec. 411.0073. MEDIATION OF PERSONNEL DISPUTES. (a) The
12-7 commission shall establish procedures for an employee to resolve an
12-8 employment-related grievance covered by Section 411.0072 through
12-9 mediation if the employee chooses. The procedures must include
12-10 mediation procedures and establish the circumstances under which
12-11 mediation is appropriate for an employment-related grievance.
12-12 (b) Except for Section 2008.054, Chapter 2008, as added by
12-13 Chapter 934, Acts of the 75th Legislature, Regular Session, 1997,
12-14 does not apply to the mediation. The mediator must be trained in
12-15 mediation techniques.
12-16 Sec. 411.0098. COORDINATION WITH DEPARTMENT OF
12-17 TRANSPORTATION. (a) The department and the Texas Department of
12-18 Transportation shall establish procedures to ensure effective
12-19 coordination of the development of transportation infrastructure
12-20 projects that affect both agencies.
12-21 (b) Procedures established under this section shall:
12-22 (1) allow each agency to provide comments and advice
12-23 to the other agency on an ongoing basis regarding statewide
12-24 transportation planning efforts that affect traffic law
12-25 enforcement;
12-26 (2) define the role of each agency in transportation
12-27 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.
13-27 (b) The department shall submit a biennial report to the
14-1 legislative committees with primary jurisdiction over state
14-2 budgetary matters and the Texas Transportation Commission that
14-3 reflects the results of the needs assessment conducted under
14-4 Subsection (a). The report shall be submitted to the legislature
14-5 in conjunction with the department's legislative appropriations
14-6 request.
14-7 Sec. 411.0131. USE OF SEIZED AND FORFEITED ASSETS. (a) The
14-8 commission by rule shall establish a process under which the
14-9 commission approves all of the department's dispositions of assets
14-10 seized or forfeited under state or federal law and received by or
14-11 appropriated to the department. The commission shall adopt rules
14-12 under this section in accordance with Chapter 2001. Before
14-13 approving a disposition, the commission shall consider how the
14-14 disposition supports priorities established in the department's
14-15 strategic plan and whether the disposition complies with applicable
14-16 federal guidelines.
14-17 (b) The department shall file annually with the governor and
14-18 the presiding officer of each house of the legislature a report on
14-19 seized and forfeited assets. The report must include:
14-20 (1) a summary of receipts, dispositions, and fund
14-21 balances for the fiscal year derived from both federal and state
14-22 sources;
14-23 (2) regarding receipts, the court in which each case
14-24 involving seized or forfeited assets was adjudicated, the nature
14-25 and value of the assets, and the specific intended use of the
14-26 assets;
14-27 (3) regarding dispositions, the departmental control
15-1 number and category, the division making the request, the specific
15-2 item and amount requested, the amount the commission approved, and
15-3 the actual amount expended per item; and
15-4 (4) regarding planned dispositions, a description of
15-5 the broad categories of anticipated dispositions and how they
15-6 relate to the department's strategic plan.
15-7 (c) The department shall, within 30 days after the end of
15-8 each quarter, report and justify any dispositions of seized or
15-9 forfeited assets during the quarter that:
15-10 (1) differ from the planned dispositions reported
15-11 under Subsection (b); and
15-12 (2) were used for a purpose not considered a priority
15-13 in the department's strategic plan or not required by law or
15-14 applicable federal guidelines.
15-15 SECTION 8. Section 411.0195, Government Code, is amended by
15-16 amending Subsections (c) and (d) and adding Subsection (e) to read
15-17 as follows:
15-18 (c) The department shall maintain a file on each written
15-19 complaint filed with the department. The file must include:
15-20 (1) the name of the person who filed the complaint;
15-21 (2) the date the complaint is received by the
15-22 department;
15-23 (3) the subject matter of the complaint;
15-24 (4) the name of each person contacted in relation to
15-25 the complaint;
15-26 (5) a summary of the results of the review or
15-27 investigation of the complaint; and
16-1 (6) an explanation of the reason the file was closed,
16-2 if the agency closed the file without taking action other than to
16-3 investigate the complaint [keep an information file about each
16-4 complaint filed with the department that the department has
16-5 authority to resolve].
16-6 (d) The department shall provide to the person filing the
16-7 complaint and to each person who is a subject of the complaint a
16-8 copy of the department's policies and procedures relating to
16-9 complaint investigation and resolution.
16-10 (e) The department, at least quarterly until final
16-11 disposition of the complaint, shall notify the person filing the
16-12 complaint and each person who is a subject of the complaint of the
16-13 status of the investigation unless the notice would jeopardize an
16-14 undercover investigation. [If a written complaint is filed with
16-15 the department that the department has authority to resolve, the
16-16 department, at final disposition of the complaint, shall notify the
16-17 parties to the complaint of the status of the complaint unless the
16-18 notice would jeopardize an undercover investigation.]
16-19 SECTION 9. Section 411.023, Government Code, is amended by
16-20 adding Subsection (f) to read as follows:
16-21 (f) The commission shall authorize a badge designated as
16-22 "Special Ranger" that is distinct in appearance from the "Special
16-23 Texas Ranger" badge authorized under Section 411.024.
16-24 SECTION 10. Subchapter B, Chapter 411, Government Code, is
16-25 amended by adding Section 411.024 to read as follows:
16-26 Sec. 411.024. SPECIAL TEXAS RANGERS. (a) The commission
16-27 may appoint as a special Texas Ranger an honorably retired or
17-1 retiring commissioned officer of the department whose position
17-2 immediately preceding retirement is an officer of the Texas
17-3 Rangers.
17-4 (b) A special Texas Ranger is subject to the orders of the
17-5 commission and the governor for special duty to the same extent as
17-6 other law enforcement officers provided for by this chapter, except
17-7 that a special Texas Ranger may not enforce a law except one
17-8 designed to protect life and property and may not enforce a law
17-9 regulating the use of a state highway by a motor vehicle. A
17-10 special Texas Ranger is not connected with a ranger company or
17-11 uniformed unit of the department.
17-12 (c) Before issuance of a commission to a special Texas
17-13 Ranger the person shall enter into a good and sufficient bond
17-14 executed by a surety company authorized to do business in the state
17-15 in the amount of $2,500, approved by the director, and indemnifying
17-16 all persons against damages resulting from an unlawful act of the
17-17 special Texas Ranger.
17-18 (d) A special Texas Ranger is not entitled to compensation
17-19 from the state for service as a special Texas Ranger.
17-20 (e) A special Texas Ranger commission expires January 1 of
17-21 the first odd-numbered year after appointment. The commission may
17-22 revoke the commission of a special Texas Ranger who commits a
17-23 violation of a rule of the department for which an active officer
17-24 of the Texas Rangers would be discharged.
17-25 (f) The commission shall authorize a badge designated as
17-26 "Special Texas Ranger" that is distinct in appearance from the
17-27 "Special Ranger" badge authorized under Section 411.023.
18-1 SECTION 11. Chapter 411, Government Code, is amended by
18-2 adding Subchapter I to read as follows:
18-3 SUBCHAPTER I. INTERNAL OVERSIGHT
18-4 Sec. 411.241. OFFICE OF AUDIT AND REVIEW. The commission
18-5 shall establish the office of audit and review. The office shall
18-6 coordinate activities designed to promote effectiveness in
18-7 departmental operations and to keep the commission and the
18-8 legislature fully informed about deficiencies within the
18-9 department. The office shall:
18-10 (1) inspect and audit departmental programs and
18-11 operations for efficiency, uniformity, and compliance with
18-12 established procedures and develop recommendations for improvement;
18-13 (2) coordinate and be responsible for promoting
18-14 accountability, integrity, and efficiency in the department; and
18-15 (3) provide the commission with information relevant
18-16 to its oversight of the department.
18-17 Sec. 411.242. DIRECTOR OF AUDIT AND REVIEW. (a) The
18-18 commission shall appoint the director of the office of audit and
18-19 review. The director of audit and review serves until removed by
18-20 the commission.
18-21 (b) The director of audit and review must satisfy the
18-22 requirements to be the agency's internal auditor under Section
18-23 2102.006(b) and is considered to be the agency's internal auditor
18-24 for purposes of Chapter 2102.
18-25 (c) The department shall provide the director of audit and
18-26 review with access to any records, data, or other information
18-27 necessary to fulfill the purposes of this section and Section
19-1 411.243.
19-2 (d) The director of audit and review shall, with the advice
19-3 and consent of the commission, determine which audits and
19-4 inspections to perform and may publish the findings and
19-5 recommendations of the office of audit and review.
19-6 (e) The director of audit and review shall:
19-7 (1) report to the commission regarding audits and
19-8 inspections planned and the status and findings of those audits and
19-9 inspections; and
19-10 (2) report to the director for administrative purposes
19-11 and keep the director informed of the office's findings.
19-12 Sec. 411.243. POWERS AND DUTIES. (a) The office of audit
19-13 and review shall:
19-14 (1) independently and objectively inspect all
19-15 divisions of the department to:
19-16 (A) ensure that operations are conducted
19-17 efficiently, uniformly, and in compliance with established
19-18 procedures; and
19-19 (B) make recommendations for improvements in
19-20 operational performance;
19-21 (2) independently and objectively audit all divisions
19-22 of the department to:
19-23 (A) promote economy, effectiveness, and
19-24 efficiency within the department;
19-25 (B) prevent and detect fraud, waste, and abuse
19-26 in department programs and operations; and
19-27 (C) make recommendations about the adequacy and
20-1 effectiveness of the department's system of internal control
20-2 policies and procedures;
20-3 (3) advise in the development and evaluation of the
20-4 department's performance measures;
20-5 (4) review actions taken by the department to improve
20-6 program performance and make recommendations for improvement;
20-7 (5) review and make recommendations to the commission
20-8 and the legislature regarding rules, laws, and guidelines relating
20-9 to department programs and operations;
20-10 (6) keep the commission, director, and legislature
20-11 fully informed of problems in department programs and operations;
20-12 and
20-13 (7) ensure effective coordination and cooperation
20-14 among the state auditor's office, legislative oversight committees,
20-15 and other governmental bodies while attempting to avoid
20-16 duplication.
20-17 (b) Chapter 2102 applies to the office of audit and review.
20-18 Sec. 411.244. INTERNAL AFFAIRS. (a) The director shall
20-19 establish the office of internal affairs.
20-20 (b) The office of internal affairs has original departmental
20-21 jurisdiction over all investigations occurring on department
20-22 property or involving department employees. The office shall
20-23 coordinate, but need not conduct, all investigations under this
20-24 section.
20-25 (c) An investigation under this section may be initiated
20-26 only by the director or the commission.
20-27 (d) The director shall appoint the head of the office of
21-1 internal affairs. The head of the office of internal affairs
21-2 serves until removed by the director.
21-3 (e) The head of the office of internal affairs shall report
21-4 directly to the director regarding performance of and activities
21-5 related to investigations, report to the director for
21-6 administrative purposes, and provide the director with information
21-7 regarding investigations as appropriate.
21-8 (f) The head of the office of internal affairs shall present
21-9 at each regularly scheduled commission meeting and at other
21-10 appropriate times a summary of information relating to
21-11 investigations conducted under this section that includes analysis
21-12 of the number, type, and outcome of investigations, trends in the
21-13 investigations, and recommendations to avoid future complaints.
21-14 SECTION 12. Section 502.409(a), Transportation Code, is
21-15 amended to read as follows:
21-16 (a) A person commits an offense if the person attaches to or
21-17 displays on a motor vehicle a number plate or registration insignia
21-18 that:
21-19 (1) is assigned to a different motor vehicle;
21-20 (2) is assigned to the vehicle under any other motor
21-21 vehicle law other than by the department;
21-22 (3) is assigned for a registration period other than
21-23 the registration period in effect;
21-24 (4) is fictitious; [or]
21-25 (5) has letters, numbers, or other identification
21-26 marks that because of blurring matter are not plainly visible at
21-27 all times during daylight;
22-1 (6) is a sticker, decal, or other insignia that is not
22-2 authorized by law and that interferes with the readability of the
22-3 letters or numbers on the plate; or
22-4 (7) has a coating, covering, or protective material
22-5 that distorts angular visibility or detectability.
22-6 SECTION 13. Subchapter C, Chapter 521, Transportation Code,
22-7 is amended by adding Section 521.0461 to read as follows:
22-8 Sec. 521.0461. CONTRACTS FOR DISCLOSURE OF CERTAIN
22-9 INFORMATION. (a) The department may contract with a person to
22-10 provide the person with information for purposes of the
22-11 underwriting of existing motor vehicle insurance policies if the
22-12 person is:
22-13 (1) a motor vehicle insurance company or a motor
22-14 vehicle support organization; and
22-15 (2) eligible to receive the information under Chapter
22-16 730.
22-17 (b) Information provided under Subsection (a) must:
22-18 (1) be authorized to be released under Section 521.045
22-19 or 521.046; and
22-20 (2) relate to traffic law convictions of individuals
22-21 or occurrences of motor vehicle accidents involving individuals
22-22 that occur during a 30-day period specified in the contract.
22-23 (c) A contract made under Subsection (a) must require:
22-24 (1) the person who will receive the information under
22-25 the contract to provide the department with a list of the driver's
22-26 license number or the full name and date of birth of each
22-27 individual about whom information is requested; and
23-1 (2) the department to search the department's driver's
23-2 license database to determine which of the drivers on the list
23-3 submitted have had a conviction, suspension, or revocation activity
23-4 posted during the previous 30-day period and inform the person who
23-5 submitted the list of the name, date of birth, and driver's license
23-6 number of the driver.
23-7 (d) The department may negotiate a price for the services
23-8 provided under a contract entered into under Subsection (a).
23-9 (e) The department may require a person entering into a
23-10 contract with the department under Subsection (a) to provide the
23-11 department with a certified check, cashier's check, or bond issued
23-12 by a surety company authorized to do business in this state in an
23-13 amount equal to the first payment due under the contract to
23-14 guarantee the person's performance under the contract.
23-15 SECTION 14. Subchapter E, Chapter 521, Transportation Code,
23-16 is amended by adding Section 521.103 to read as follows:
23-17 Sec. 521.103. RENEWAL BY MAIL OR ELECTRONIC MEANS. The
23-18 department by rule may provide that the holder of a personal
23-19 identification certificate may renew the certificate by mail, by
23-20 telephone, over the Internet, or by other electronic means. A rule
23-21 adopted under this section may prescribe eligibility standards for
23-22 renewal under this section.
23-23 SECTION 15. Section 521.125, Transportation Code, is amended
23-24 to read as follows:
23-25 Sec. 521.125. MEDICAL AND EMERGENCY INFORMATION ON LICENSE.
23-26 On the reverse side of a driver's license, the department shall:
23-27 (1) print:
24-1 (A) [(1)] "Allergic Reaction to Drugs: _____";
24-2 [and]
24-3 (B) [(2)] "Directive to physician has been filed
24-4 at tel. #"; and
24-5 (C) "Emergency contact tel. #";
24-6 (2) include to the right of the statements under
24-7 Subdivisions (1)(B) and (C) a surface on which [followed by a line
24-8 that] the license holder may write [use to indicate] the
24-9 appropriate telephone number; and
24-10 (3) include to the left of each of the statements
24-11 under Subdivisions (1)(B) and (C) a box that the license holder may
24-12 use to indicate for what purpose the telephone number applies.
24-13 SECTION 16. Section 521.141(a), Transportation Code, is
24-14 amended to read as follows:
24-15 (a) An applicant for an original or renewal of a driver's
24-16 license must apply in a manner prescribed [on a form provided] by
24-17 the department.
24-18 SECTION 17. Section 521.143(a), Transportation Code, is
24-19 amended to read as follows:
24-20 (a) An application for an original [or renewal of a]
24-21 driver's license must be accompanied by evidence of financial
24-22 responsibility or a statement that the applicant does not own a
24-23 motor vehicle for which evidence of financial responsibility is
24-24 required under Chapter 601. The department may require an
24-25 application for a renewal of a driver's license to be accompanied
24-26 by evidence of financial responsibility or a statement that the
24-27 applicant does not own a motor vehicle for which evidence of
25-1 financial responsibility is required under Chapter 601.
25-2 SECTION 18. Section 521.274, Transportation Code, is amended
25-3 to read as follows:
25-4 Sec. 521.274. RENEWAL BY MAIL OR ELECTRONIC MEANS. [(a)]
25-5 The department by rule may provide that the holder of a driver's
25-6 license may renew the license by mail, by telephone, over the
25-7 Internet, or by other electronic means.
25-8 [(b)] A rule adopted under this section [subsection] may
25-9 prescribe eligibility standards for renewal under this section [not
25-10 permit renewal by mail of:]
25-11 [(1) a provisional license;]
25-12 [(2) an occupational license; or]
25-13 [(3) a driver's license if the license holder's
25-14 driving record as maintained by the department shows that the
25-15 holder, within the four years preceding the date of the renewal
25-16 application, has been convicted of:]
25-17 [(A) a moving violation, as defined by
25-18 department rule, in this state; or]
25-19 [(B) an offense described by Subchapter O].
25-20 SECTION 19. Section 521.306(d), Transportation Code, is
25-21 amended to read as follows:
25-22 (d) The department may not reinstate a license suspended or
25-23 revoked under this subchapter unless the person whose license was
25-24 suspended or revoked applies to the department for reinstatement of
25-25 the license and pays a $100 [$50] reinstatement fee to the
25-26 department.
25-27 SECTION 20. Subchapter R, Chapter 521, Transportation Code,
26-1 is amended by adding Section 521.427 to read as follows:
26-2 Sec. 521.427. METHOD OF PAYMENT OF FEES. (a) The
26-3 department may adopt rules regarding the method of payment of a fee
26-4 for a license, personal identification card, or license record
26-5 issued under this chapter.
26-6 (b) The rules may authorize payment, under circumstances
26-7 prescribed by the department:
26-8 (1) in person, by mail, by telephone, or over the
26-9 Internet;
26-10 (2) by means of electronic funds transfer; or
26-11 (3) by means of a valid credit card issued by a
26-12 financial institution chartered by a state or the federal
26-13 government or by a nationally recognized credit organization
26-14 approved by the department.
26-15 (c) The rules may require the payment of a discount or
26-16 service charge for a credit card payment in addition to the fee.
26-17 SECTION 21. Section 548.051(a), Transportation Code, is
26-18 amended to read as follows:
26-19 (a) A motor vehicle, trailer, semitrailer, pole trailer, or
26-20 mobile home, registered in this state, must have the following
26-21 items inspected at an inspection station or by an inspector:
26-22 (1) tires;
26-23 (2) wheel assembly;
26-24 (3) safety guards or flaps, if required by Section
26-25 547.606;
26-26 (4) brake system, including power brake unit;
26-27 (5) steering system, including power steering;
27-1 (6) lighting equipment;
27-2 (7) horns and warning devices;
27-3 (8) mirrors;
27-4 (9) windshield wipers;
27-5 (10) sunscreening devices, unless the vehicle is
27-6 exempt from sunscreen device restrictions under Section 547.613;
27-7 (11) front seat belts in vehicles on which seat belt
27-8 anchorages were part of the manufacturer's original equipment;
27-9 (12) tax decal, if required by Section 548.104(d)(1);
27-10 (13) exhaust system; [and]
27-11 (14) exhaust emission system;
27-12 (15) fuel tank cap, using pressurized testing
27-13 equipment approved by department rule; and
27-14 (16) emissions control equipment as designated by
27-15 department rule.
27-16 SECTION 22. Section 548.306, Transportation Code, is amended
27-17 by adding Subsections (k), (l), (m), and (n) to read as follows:
27-18 (k) A hearing for a citation issued under this section shall
27-19 be heard by a justice of the peace of any precinct in the county in
27-20 which the vehicle is registered.
27-21 (l) Enforcement of the remote sensing component of the
27-22 vehicle emissions inspection and maintenance program may not
27-23 involve any method of screening in which the registered owner of a
27-24 vehicle found to have allowable emissions by remote sensing
27-25 technology is charged a fee.
27-26 (m) The department by rule may require that a vehicle
27-27 determined by on-road testing to have excessive emissions be
28-1 assessed an on-road emissions testing fee not to exceed the
28-2 emissions testing fee charged by a certified emissions testing
28-3 facility.
28-4 (n) The department by rule may establish procedures for
28-5 reimbursing a fee for a verification test required by Subsection
28-6 (c) if the owner demonstrates to the department's satisfaction
28-7 that:
28-8 (1) the vehicle passed the verification emissions test
28-9 not later than the 30th day after the date the vehicle owner
28-10 received notice that the vehicle was detected as having excessive
28-11 emissions; and
28-12 (2) the vehicle was not repaired between the date of
28-13 detection and the date of the verification emissions test.
28-14 SECTION 23. Sections 548.405(a) and (c), Transportation
28-15 Code, are amended to read as follows:
28-16 (a) The department may deny a person's application for a
28-17 certificate, revoke or suspend the certificate of a person,
28-18 inspection station, or inspector, place on probation a person who
28-19 holds a suspended certificate, or reprimand a person who holds a
28-20 certificate if:
28-21 (1) the station or inspector conducts an inspection,
28-22 fails to conduct an inspection, or issues a certificate:
28-23 (A) in violation of this chapter or a rule
28-24 adopted under this chapter; or
28-25 (B) without complying with the requirements of
28-26 this chapter or a rule adopted under this chapter;
28-27 (2) the person, station, or inspector commits an
29-1 offense under this chapter or violates this chapter or a rule
29-2 adopted under this chapter;
29-3 (3) the applicant or certificate holder does not meet
29-4 the standards for certification under this chapter or a rule
29-5 adopted under this chapter;
29-6 (4) the station or inspector does not maintain the
29-7 qualifications for certification or does not comply with a
29-8 certification requirement under Subchapter G;
29-9 (5) the certificate holder or the certificate holder's
29-10 agent, employee, or representative commits an act or omission that
29-11 would cause denial, revocation, or suspension of a certificate to
29-12 an individual applicant or certificate holder;
29-13 (6) the station or inspector does not pay a fee
29-14 required by Subchapter H; or
29-15 (7) the inspector or owner of an inspection station is
29-16 convicted of a:
29-17 (A) felony or Class A or Class B misdemeanor;
29-18 (B) similar crime under the jurisdiction of
29-19 another state or the federal government that is punishable to the
29-20 same extent as a felony or a Class A or Class B misdemeanor in this
29-21 state; or
29-22 (C) crime under the jurisdiction of another
29-23 state or the federal government that would be a felony or a Class A
29-24 or Class B misdemeanor if the crime were committed in this state.
29-25 (c) If the department suspends a certificate because of a
29-26 violation of Subchapter F, the suspension must be for a period of
29-27 not less than six months. The suspension may not be probated or
30-1 deferred.
30-2 SECTION 24. Section 548.407(l), Transportation Code, is
30-3 amended to read as follows:
30-4 (l) If an administrative law judge of the State Office of
30-5 Administrative Hearings conducts a hearing under this section and
30-6 the proposal for decision supports the position of the department,
30-7 the proposal for decision may recommend a denial of an application
30-8 or a revocation or suspension of a certificate only. The proposal
30-9 may not recommend a reprimand or a probated or otherwise deferred
30-10 disposition of the denial, revocation, or suspension. If the [in
30-11 conducting a hearing under this section an] administrative law
30-12 judge [of the State Office of Administrative Hearings] makes a
30-13 proposal for a decision to deny an application or to suspend or
30-14 revoke a certificate, the administrative law judge shall include in
30-15 the proposal a finding of the costs, fees, expenses, and reasonable
30-16 and necessary attorney's fees the state incurred in bringing the
30-17 proceeding. The director may adopt the finding for costs, fees,
30-18 and expenses and make the finding a part of the final order entered
30-19 in the proceeding. Proceeds collected from a finding made under
30-20 this subsection shall be paid to the department [deposited in a
30-21 special account in the general revenue fund that may be
30-22 appropriated only to the attorney general].
30-23 SECTION 25. Section 548.408, Transportation Code, is amended
30-24 by amending Subsections (a) and (b) and adding Subsection (f) to
30-25 read as follows:
30-26 (a) A person dissatisfied with the action of the director
30-27 may appeal the action[, without filing a motion for rehearing,] by
31-1 filing a petition in district court in the county where the person
31-2 resides or in Travis County. The petition must be filed not later
31-3 than the 30th day after the date the action is taken.
31-4 (b) The district or county attorney or the attorney general
31-5 shall represent the director in the appeal, except that an attorney
31-6 who is a full-time employee of the department may represent the
31-7 director in the appeal with the approval of the attorney general.
31-8 (f) A stay under this section may not be effective for more
31-9 than 90 days after the date the petition for appeal is filed. On
31-10 the expiration of the stay, the director's action shall be
31-11 reinstated or imposed. The department or court may not extend the
31-12 stay or grant an additional stay.
31-13 SECTION 26. Section 548.501(a), Transportation Code, is
31-14 amended to read as follows:
31-15 (a) Except as provided by Sections 548.503 and 548.504, the
31-16 fee for inspection of a motor vehicle other than a moped shall be
31-17 set by the department by rule on or before September 1 of each year
31-18 [is $10.50]. A fee set by the department under this subsection
31-19 must be based on the costs of producing certificates, providing
31-20 inspections, and administering the program, but may not be less
31-21 than $12.50. The fee for inspection of a moped is $5.75. The fee
31-22 for a verification form issued as required by Section 548.256 is
31-23 $1.
31-24 SECTION 27. Section 548.601(a), Transportation Code, is
31-25 amended to read as follows:
31-26 (a) A person, including an inspector or an inspection
31-27 station, commits an offense if the person:
32-1 (1) issues an inspection certificate with knowledge
32-2 that the issuance is in violation of this chapter or rules adopted
32-3 under this chapter;
32-4 (2) falsely or fraudulently represents to the owner or
32-5 operator of a vehicle that equipment inspected or required to be
32-6 inspected must be repaired, adjusted, or replaced for the vehicle
32-7 to pass an inspection;
32-8 (3) misrepresents:
32-9 (A) material information in an application in
32-10 violation of Section 548.402 or 548.403; or
32-11 (B) information filed with the department under
32-12 this chapter or as required by department rule;
32-13 (4) issues an inspection certificate:
32-14 (A) without authorization to issue the
32-15 certificate; or
32-16 (B) without inspecting the vehicle;
32-17 (5) issues an inspection certificate for a vehicle
32-18 with knowledge that the vehicle has not been repaired, adjusted, or
32-19 corrected after an inspection has shown a repair, adjustment, or
32-20 correction to be necessary;
32-21 (6) knowingly issues an inspection certificate:
32-22 (A) for a vehicle without conducting an
32-23 inspection of each item required to be inspected; or
32-24 (B) for a vehicle that is missing an item
32-25 required to be inspected or that has an item required to be
32-26 inspected that is not in compliance with state law or department
32-27 rules;
33-1 (7) refuses to allow a vehicle's owner to have a
33-2 qualified person of the owner's choice make a required repair,
33-3 adjustment, or correction; [or]
33-4 (8) charges for an inspection an amount greater than
33-5 the authorized fee; or
33-6 (9) performs an act prohibited by or fails to perform
33-7 an act required by this chapter or a rule adopted under this
33-8 chapter.
33-9 SECTION 28. Section 548.602(a), Transportation Code, is
33-10 amended to read as follows:
33-11 (a) After the fifth day after the date of expiration of the
33-12 period designated for inspection, a person may not operate:
33-13 (1) a motor vehicle registered in this state unless a
33-14 current and appropriate inspection certificate is displayed on the
33-15 vehicle; or
33-16 (2) a commercial motor vehicle registered in this
33-17 state unless it is equipped as required by federal motor carrier
33-18 safety regulations and displays an inspection certificate issued
33-19 under the program established under Section 548.201.
33-20 SECTION 29. Section 601.376(a), Transportation Code, is
33-21 amended to read as follows:
33-22 (a) A driver's license, vehicle registration, or
33-23 nonresident's operating privilege that has been suspended under
33-24 this chapter may not be reinstated and a new license or
33-25 registration may not be issued to the holder of the suspended
33-26 license, registration, or privilege until the person:
33-27 (1) pays to the department a fee of $100 [$50]; and
34-1 (2) complies with the other requirements of this
34-2 chapter.
34-3 SECTION 30. Section 644.103, Transportation Code, is amended
34-4 by adding Subsections (d) and (e) to read as follows:
34-5 (d) A noncommissioned employee of the department who is
34-6 certified for the purpose by the director and who is supervised by
34-7 an officer of the department may, at a fixed-site facility, enter a
34-8 motor vehicle that is subject to this chapter. If the employee's
34-9 inspection shows that an enforcement action, such as the issuance
34-10 of a citation, is warranted, the supervising officer must take the
34-11 action.
34-12 (e) The department's training and other requirements for
34-13 certification of a noncommissioned employee of the department under
34-14 this section must be the same as the training and requirements,
34-15 other than the training and requirements for becoming and remaining
34-16 a peace officer, for officers who enforce this chapter.
34-17 SECTION 31. Section 644.104, Transportation Code, is amended
34-18 by adding Subsections (c) and (d) to read as follows:
34-19 (c) The department may use an officer to conduct an
34-20 inspection under this section if the inspection involves a
34-21 situation that the department determines to reasonably require the
34-22 use or presence of an officer to accomplish the inspection.
34-23 (d) The department's training and other requirements for
34-24 certification of a noncommissioned employee of the department under
34-25 this section must be the same as the training and requirements,
34-26 other than the training and requirements for becoming and remaining
34-27 a peace officer, for officers who enforce this chapter.
35-1 SECTION 32. Section 382.0374, Health and Safety Code, is
35-2 amended by adding Subsection (c) to read as follows:
35-3 (c) The commission and the Department of Public Safety of
35-4 the State of Texas by rule may allow alternative vehicle emissions
35-5 testing, including onboard diagnostic testing, if:
35-6 (1) the technology provides accurate and reliable
35-7 results;
35-8 (2) the technology is widely and readily available to
35-9 persons interested in performing alternative vehicle emissions
35-10 testing; and
35-11 (3) the use of alternative testing is not likely to
35-12 substantially affect federal approval of the state's air quality
35-13 state implementation plan.
35-14 SECTION 33. Articles 60.061(a) and (b), Code of Criminal
35-15 Procedure, are amended to read as follows:
35-16 (a) The Texas State Board of Medical Examiners, the Texas
35-17 State Board of Podiatric Medical Examiners, the State Board of
35-18 Dental Examiners, the Texas State Board of Pharmacy, and the State
35-19 Board of Veterinary Medical Examiners shall provide to the
35-20 Department of Public Safety through electronic means, magnetic
35-21 tape, or disk, as specified by the department, a list including the
35-22 name, date of birth, and any other personal descriptive information
35-23 required by the department for each person licensed by the
35-24 respective agency. Each agency shall update this information and
35-25 submit to the Department of Public Safety the updated information
35-26 quarterly [monthly].
35-27 (b) The Department of Public Safety shall perform at least
36-1 quarterly [monthly] a computer match of the licensing list against
36-2 the convictions maintained in the computerized criminal history
36-3 system. The Department of Public Safety shall report to the
36-4 appropriate licensing agency for verification and administrative
36-5 action, as considered appropriate by the licensing agency, the name
36-6 of any person found to have a record of conviction, except a
36-7 defendant whose prosecution is deferred during a period of
36-8 community supervision without an adjudication or plea of guilt.
36-9 The Department of Public Safety may charge the licensing agency a
36-10 fee not to exceed the actual direct cost incurred by the department
36-11 in performing a computer match and reporting to the agency.
36-12 SECTION 34. (a) In this section, "department" means the
36-13 Department of Public Safety of the State of Texas.
36-14 (b) The Public Safety Commission shall adopt each rule and
36-15 establish all procedures necessary to implement the changes in law
36-16 made by this Act not later than January 1, 2000.
36-17 (c) Notwithstanding Section 521.125, Transportation Code, as
36-18 amended by this Act, the department may use any materials used for
36-19 driver's licenses that the department has on the effective date of
36-20 this Act regardless of whether the materials comply with that
36-21 section.
36-22 (d) Section 411.0031, Government Code, as added by this Act,
36-23 does not apply to a member of the Public Safety Commission
36-24 appointed before the effective date of this Act during the term the
36-25 member is serving on that effective date.
36-26 (e) The change in law made by Section 411.007(f), Government
36-27 Code, as amended by this Act, relating to the probationary period
37-1 of certain employees of the department, applies only to the
37-2 probationary period of a person inducted into the service of the
37-3 department on or after the effective date of this Act. The
37-4 probationary period of a person inducted into the service of the
37-5 department before the effective date of this Act is governed by the
37-6 law as it existed immediately before the effective date of this
37-7 Act, and that law is continued in effect for that purpose.
37-8 (f) The change in law made by Section 411.007(f), Government
37-9 Code, as amended by this Act, relating to judicial review of the
37-10 discharge of an officer or employee of the department, applies only
37-11 to a discharge that is affirmed by the Public Safety Commission on
37-12 or after the effective date of this Act. A discharge that is
37-13 affirmed by the commission before the effective date of this Act is
37-14 governed by the law as it existed immediately before the effective
37-15 date of this Act, and that law is continued in effect for that
37-16 purpose.
37-17 (g) The changes in law made by Section 411.0071, Government
37-18 Code, as added by this Act, apply only to an appointment or
37-19 promotion made on or after the effective date of this Act. A
37-20 person who, immediately before the effective date of this Act,
37-21 serves in a position that is designated as a management team
37-22 position by the director of the department on or after that date
37-23 continues to possess, after the effective date of this Act, all
37-24 rights related to holding that position that the person possessed
37-25 immediately before the effective date of this Act.
37-26 (h) The changes in law made by this Act do not affect a
37-27 commission issued under Section 411.023, Government Code, before
38-1 the effective date of this Act.
38-2 (i) Until the department sets the fee for an inspection of a
38-3 motor vehicle other than a moped under Section 548.501(a),
38-4 Transportation Code, as amended by this Act, the fee is $10.50
38-5 before January 1, 2000, and $12.50 on or after January 1, 2000.
38-6 The department by rule may set the fee at an amount exceeding
38-7 $10.50 and charge the greater amount before January 1, 2000.
38-8 SECTION 35. (a) The change in law made by this Act to
38-9 Sections 502.409(a), 548.306, and 548.601(a), Transportation Code,
38-10 applies only to an offense committed on or after the effective date
38-11 of this Act. For purposes of this section, an offense is committed
38-12 before the effective date of this Act if any element of the offense
38-13 occurs before that date.
38-14 (b) An offense committed before the effective date of this
38-15 Act is covered by the law in effect when the offense was committed,
38-16 and that law is continued in effect for that purpose.
38-17 SECTION 36. The change in law made by this Act to Section
38-18 548.407(l), Transportation Code, relating to payment of proceeds
38-19 collected from a finding made under that subsection, applies only
38-20 to proceeds collected from a finding that is adopted by the
38-21 director of the Department of Public Safety of the State of Texas
38-22 on or after the effective date of this Act. Payment of proceeds
38-23 collected from a finding that is adopted by the director before the
38-24 effective date of this Act is governed by the law in effect
38-25 immediately before the effective date of this Act, and that law is
38-26 continued in effect for that purpose.
38-27 SECTION 37. This Act takes effect September 1, 1999.
39-1 SECTION 38. The importance of this legislation and the
39-2 crowded condition of the calendars in both houses create an
39-3 emergency and an imperative public necessity that the
39-4 constitutional rule requiring bills to be read on three several
39-5 days in each house be suspended, and this rule is hereby suspended.