1-1 By: Brown S.B. No. 370
1-2 (In the Senate - Filed March 4, 1999; March 8, 1999, read
1-3 first time and referred to Committee on Criminal Justice;
1-4 April 8, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; April 8, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 370 By: Nelson
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the continuation and functions of the Department of
1-11 Public Safety of the State of Texas.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subsections (b) and (c), Section 411.002,
1-14 Government Code, are amended to read as follows:
1-15 (b) The department shall have its principal office and
1-16 headquarters [and shall keep all of its records] in Austin.
1-17 (c) The Department of Public Safety of the State of Texas is
1-18 subject to Chapter 325 (Texas Sunset Act). Unless continued in
1-19 existence as provided by that chapter, the department is abolished
1-20 and Subsections (a) and (b) expire September 1, 2009 [1999].
1-21 SECTION 2. Subsection (c), Section 411.0036, Government
1-22 Code, is amended to read as follows:
1-23 (c) If the director has knowledge that a potential ground
1-24 for removal exists, the director shall notify the chairman of the
1-25 commission of the potential ground. The chairman shall then notify
1-26 the governor and the attorney general that a potential ground for
1-27 removal exists. If the potential ground for removal involves the
1-28 chairman, the director shall notify the member with the most tenure
1-29 on the commission, who shall then notify the governor and the
1-30 attorney general that a potential ground for removal exists.
1-31 SECTION 3. Subchapter A, Chapter 411, Government Code, is
1-32 amended by amending Section 411.004 and adding Sections 411.0031
1-33 and 411.0041 to read as follows:
1-34 Sec. 411.0031. TRAINING FOR COMMISSION MEMBERS. (a) A
1-35 person who is appointed to and qualifies for office as a member of
1-36 the commission may not vote, deliberate, or be counted as a member
1-37 in attendance at a meeting of the commission until the person
1-38 completes a training program that complies with this section.
1-39 (b) The training program must provide the person with
1-40 information regarding:
1-41 (1) the legislation that created the department and
1-42 the commission;
1-43 (2) the programs operated by the department;
1-44 (3) the role and functions of the department;
1-45 (4) the rules of the department, with an emphasis on
1-46 the rules that relate to disciplinary and investigatory authority;
1-47 (5) the current budget for the department;
1-48 (6) the results of the most recent formal audit of the
1-49 department;
1-50 (7) the requirements of:
1-51 (A) the open meetings law, Chapter 551;
1-52 (B) the public information law, Chapter 552;
1-53 (C) the administrative procedure law, Chapter
1-54 2001; and
1-55 (D) other laws relating to public officials,
1-56 including conflict of interest laws; and
1-57 (8) any applicable ethics policies adopted by the
1-58 department or the Texas Ethics Commission.
1-59 (c) A person appointed to the commission is entitled to
1-60 reimbursement, as provided by the General Appropriations Act, for
1-61 the travel expenses incurred in attending the training program
1-62 regardless of whether the attendance at the program occurs before
1-63 or after the person qualifies for office.
1-64 Sec. 411.004. DUTIES AND POWERS OF COMMISSION. The
2-1 commission shall:
2-2 (1) formulate plans and policies for:
2-3 (A) enforcement of state criminal, traffic, and
2-4 safety laws;
2-5 (B) prevention of crime;
2-6 (C) detection and apprehension of persons who
2-7 violate laws; and
2-8 (D) education of citizens of this state in the
2-9 promotion of public safety and the observance of law;
2-10 (2) organize the department and supervise its
2-11 operation;
2-12 (3) adopt rules considered necessary for carrying out
2-13 the department's work;
2-14 (4) maintain records of all proceedings and official
2-15 orders; and
2-16 (5) biennially submit a report of its work to the
2-17 governor and legislature, including the commission's and director's
2-18 recommendations[; and]
2-19 [(6) provide to its members, as often as necessary,
2-20 information regarding their qualifications for office under this
2-21 chapter and their responsibilities under applicable laws relating
2-22 to standards of conduct for state officers].
2-23 Sec. 411.0041. OPEN MEETINGS EXCEPTION: CRIMINAL
2-24 INVESTIGATIONS. A discussion or deliberation of the commission
2-25 regarding an ongoing criminal investigation, including a vote to
2-26 issue a directive or take other action regarding the investigation,
2-27 is not subject to the open meetings law, Chapter 551.
2-28 SECTION 4. Subsections (b) and (c), Section 411.005,
2-29 Government Code, are amended to read as follows:
2-30 (b) The director may [commission shall] appoint, with the
2-31 advice and consent of the commission, [an] assistant directors
2-32 [director] who shall perform the duties that the director
2-33 designates. An assistant director serves until removed by the
2-34 director.
2-35 (c) The commission shall select the director, and the
2-36 director shall select an assistant director, on the basis of the
2-37 person's [persons'] training, experience, and qualifications for
2-38 the position [positions]. The director and an assistant director
2-39 must have five years' experience, preferably in police or public
2-40 administration. The director and an assistant director are
2-41 entitled to annual salaries as provided by the legislature.
2-42 SECTION 5. Subchapter A, Chapter 411, Government Code, is
2-43 amended by amending Section 411.006 and adding Section 411.0061 to
2-44 read as follows:
2-45 Sec. 411.006. DUTIES OF DIRECTOR. (a) The director shall:
2-46 (1) be directly responsible to the commission for the
2-47 conduct of the department's affairs;
2-48 (2) act as executive director of the department;
2-49 (3) act with the commission in an advisory capacity,
2-50 without vote;
2-51 (4) adopt rules, subject to commission approval,
2-52 considered necessary for the control of the department;
2-53 (5) issue commissions as law enforcement officers,
2-54 under the commission's direction, to all members of the Texas
2-55 Rangers and the Texas Highway Patrol and to other officers of the
2-56 department;
2-57 (6) appoint, with the advice and consent of the
2-58 commission, the head [chiefs] of a division or bureau [the bureaus]
2-59 provided for by this chapter;
2-60 (7) [issue and sign requisitions as provided by law
2-61 for the purchase of supplies for the office and officers of the
2-62 department, suitable uniforms, arms, and equipment;]
2-63 [(8)] quarterly, annually, and biennially submit to
2-64 the commission detailed reports of the operation of the department,
2-65 including statements of its expenditures; and
2-66 (8) [(9)] prepare, swear to, submit to the governor,
2-67 and file in the department's records a quarterly statement
2-68 containing an itemized list of all money received and its source
2-69 and all money spent and the purposes for which it was spent.
3-1 (b) The director or the director's designee shall provide to
3-2 members of the commission and to department employees, as often as
3-3 necessary, information regarding the requirements for office or
3-4 employment under this chapter, including information regarding a
3-5 person's responsibilities under applicable laws relating to
3-6 standards of conduct for state officers or employees.
3-7 Sec. 411.0061. COMMERCIAL CARRIER INSPECTIONS:
3-8 IMPLEMENTATION SCHEDULE FOR NONCOMMISSIONED PERSONNEL. (a) The
3-9 director shall develop a schedule to include the use of
3-10 noncommissioned staff assigned to enforce commercial motor vehicle
3-11 rules under Sections 644.103 and 644.104, Transportation Code, to
3-12 supplement the current enforcement program by commissioned
3-13 officers. The schedule shall be implemented over a five-year
3-14 period beginning January 1, 2000.
3-15 (b) A report that provides details of the schedule and the
3-16 status of its implementation shall be filed with the Legislative
3-17 Budget Board with each legislative appropriations request of the
3-18 department.
3-19 (c) The department shall not reduce the number of
3-20 commissioned officers to comply with this section.
3-21 (d) This section expires January 1, 2005.
3-22 SECTION 6. Section 411.007, Government Code, is amended to
3-23 read as follows:
3-24 Sec. 411.007. OFFICERS AND EMPLOYEES. (a) Subject to [the
3-25 commission's approval and] the provisions of this chapter, the
3-26 director may appoint, promote, reduce, suspend, or discharge any
3-27 officer or employee of the department.
3-28 (b) Appointment or promotion of an officer or employee must
3-29 be based on merit determined [by examination] under commission
3-30 rules that take into consideration the applicant's age and[,]
3-31 physical condition, if appropriate and to the extent allowed under
3-32 federal law, and that take into consideration the applicant's
3-33 experience[,] and education. For promotions of commissioned
3-34 officers, other than those positions covered under Section
3-35 411.0071, the department, with the advice and consent of the
3-36 commission, shall establish processes to be consistently applied
3-37 and based on merit. Each person who has an application on file for
3-38 a position in the department for which an applicant must take an
3-39 examination shall be given reasonable written notice of the time
3-40 and place of those examinations.
3-41 (c) An applicant for a position in the department must be a
3-42 United States citizen. An applicant may not be questioned
3-43 regarding the applicant's political affiliation or religious faith
3-44 or beliefs. The department may not prohibit an officer or employee
3-45 of the department, while off duty and out of uniform, from placing
3-46 a bumper sticker endorsing political activities or a candidate for
3-47 political office on a personal vehicle, placing a campaign sign in
3-48 the person's private yard, making a political contribution, or
3-49 wearing a badge endorsing political activities or a candidate. An
3-50 officer commissioned by the department may not be suspended,
3-51 terminated, or subjected to any form of discrimination by the
3-52 department because of the refusal of the officer to take a
3-53 polygraph examination.
3-54 (d) At least annually the heads [chiefs] of the divisions
3-55 and bureaus, after due investigation, shall make a report to the
3-56 director [commission] of the efficiency of each employee within the
3-57 division or bureau. These reports shall be kept in the
3-58 department's [commission's] permanent files and shall be given
3-59 proper consideration in all matters of promotion and discharge.
3-60 (e) An officer or employee of the department may not be
3-61 discharged without just cause. The director shall determine
3-62 whether an officer or employee is to be discharged. An officer or
3-63 employee ordered discharged may appeal to the commission, and
3-64 during the appeal the officer or employee shall be suspended
3-65 without pay. Except as provided by Subsection (f), the [The]
3-66 department may not discharge, suspend, or demote a commissioned
3-67 officer except for the violation of a specific commission rule. If
3-68 the department discharges, suspends, or demotes an officer, the
3-69 department shall deliver to the officer a written statement giving
4-1 the reasons for the action taken. The written statement must point
4-2 out each commission rule alleged to have been violated by the
4-3 officer and must describe the alleged acts of the officer that the
4-4 department contends are in violation of the commission rules. [An
4-5 officer commissioned by the department may not be suspended,
4-6 terminated, or subjected to any form of discrimination by the
4-7 department because of the refusal of the officer to take a
4-8 polygraph examination.]
4-9 (f) [The commission shall establish grades and positions for
4-10 the department. For each grade and position the commission shall
4-11 designate the authority and responsibility within the limits of
4-12 this chapter, set standards of qualifications, and fix
4-13 prerequisites of training, education, and experience.] The
4-14 commission shall establish [adopt] necessary policies and
4-15 procedures [rules] for the appointment, promotion, reduction,
4-16 suspension, and discharge of all employees [after hearing before
4-17 the commission]. A discharged officer or employee is entitled, on
4-18 application to the commission, to a public hearing before the
4-19 commission, who shall affirm or set aside the discharge. A person
4-20 inducted into the service of the department is on probation for the
4-21 first one year of service and at any time during that period may be
4-22 discharged without the public hearing provided for by this
4-23 subsection if the director, with the advice and consent of the
4-24 commission, finds the person to be unsuitable for the work.
4-25 SECTION 7. Subchapter A, Chapter 411, Government Code, is
4-26 amended by adding Sections 411.0071 through 411.0074, 411.0098,
4-27 411.0099, and 411.0131 to read as follows:
4-28 Sec. 411.0071. DIRECT APPOINTMENT TO KEY POSITIONS BY
4-29 DIRECTOR. (a) The director may designate a head of a division or
4-30 a position that involves working directly with the director, other
4-31 than the highest ranking officer of the Texas Rangers, as a key
4-32 position.
4-33 (b) The director may directly appoint a person to a position
4-34 designated as a key position under Subsection (a) under criteria
4-35 determined by the director and approved by the commission. The
4-36 director's appointment of a person to a key position or transfer of
4-37 a person from a key position to another position for which the
4-38 person is qualified, as determined by the director, is not subject
4-39 to Section 411.007.
4-40 (c) A person appointed to a key position under this section,
4-41 on removal from that position, shall be returned to the position
4-42 the person held immediately before appointment to the key position
4-43 or to a position of equivalent rank. If a person is removed from a
4-44 key position as a result of the filing of a formal charge of
4-45 misconduct, this subsection applies only if the person is
4-46 exonerated for the misconduct charged.
4-47 Sec. 411.0072. HEARING BEFORE COMMISSION SUBCOMMITTEE.
4-48 (a) The commission may authorize a subcommittee composed of
4-49 commission members to conduct a public hearing to which an officer
4-50 or employee is entitled under Section 411.007.
4-51 (b) A subcommittee of the commission that conducts a hearing
4-52 under this section shall recommend to the commission an outcome in
4-53 the dispute involved. The recommendation of the subcommittee must
4-54 be approved by a majority of the commission to become effective.
4-55 Sec. 411.0073. EMPLOYMENT-RELATED GRIEVANCES AND APPEALS OF
4-56 DISCIPLINARY ACTIONS WITHIN THE DEPARTMENT. (a) In this section:
4-57 (1) "Disciplinary action" means discharge, suspension,
4-58 or demotion.
4-59 (2) "Employment-related grievance" means an
4-60 employment-related issue, other than a disciplinary action, in
4-61 regard to which an employee wishes to express dissatisfaction,
4-62 including promotions, leave requests, performance evaluations,
4-63 transfers, benefits, working environment, shift or duty
4-64 assignments, harassment, retaliation, and relationships with
4-65 supervisors or other employees or any other issue the commission
4-66 determines by rule.
4-67 (b) The commission shall establish procedures and practices
4-68 governing the appeal of a disciplinary action within the
4-69 department.
5-1 (c) The commission shall establish procedures and practices
5-2 through which the department will address an employment-related
5-3 grievance that include:
5-4 (1) a form on which an employee may state an
5-5 employment-related grievance and request a specific corrective
5-6 action;
5-7 (2) time limits for submitting a grievance and for
5-8 management to respond to a grievance;
5-9 (3) a multilevel process in which an employee's
5-10 grievance is submitted to the lowest appropriate level of
5-11 management, with each subsequent appeal submitted to a higher level
5-12 in the chain of command;
5-13 (4) an assurance that confidentiality of all parties
5-14 involved will be maintained, except to the extent that information
5-15 that is subject to required public disclosure under the public
5-16 information law, Chapter 552, is released in response to an open
5-17 records request, and that retaliation against an employee who files
5-18 a grievance is prohibited; and
5-19 (5) a program to advertise and explain the grievance
5-20 procedure to all employees.
5-21 (d) The department shall submit annually to the commission,
5-22 and as part of its biennial report to the legislature required
5-23 under Section 411.004, a report on the department's use of the
5-24 employment-related grievance process under Subsection (c). The
5-25 report must include:
5-26 (1) the number of grievances filed;
5-27 (2) a brief description of the subject of each
5-28 grievance filed; and
5-29 (3) the final disposition of each grievance.
5-30 Sec. 411.0074. MEDIATION OF PERSONNEL DISPUTES. (a) The
5-31 commission shall establish procedures for an employee to resolve an
5-32 employment-related grievance covered by Section 411.0073 through
5-33 mediation if the employee chooses. The procedures must include
5-34 mediation procedures and establish the circumstances under which
5-35 mediation is appropriate for an employment-related grievance.
5-36 (b) Except for Section 2008.054, Chapter 2008, as added by
5-37 Chapter 934, Acts of the 75th Legislature, Regular Session, 1997,
5-38 does not apply to the mediation. The mediator must be trained in
5-39 mediation techniques.
5-40 (c) An employee who chooses to use mediation to resolve an
5-41 employment-related grievance waives the right to use the grievance
5-42 process established under Section 411.0073.
5-43 Sec. 411.0098. COORDINATION WITH DEPARTMENT OF
5-44 TRANSPORTATION. (a) The department and the Texas Department of
5-45 Transportation shall establish procedures to ensure effective
5-46 coordination of the development of transportation infrastructure
5-47 projects that affect both agencies.
5-48 (b) Procedures established under this section shall:
5-49 (1) allow each agency to provide comments and advice
5-50 to the other agency on an ongoing basis regarding statewide
5-51 transportation planning efforts that affect traffic law
5-52 enforcement;
5-53 (2) define the role of each agency in transportation
5-54 infrastructure efforts; and
5-55 (3) require the department and the Texas Department of
5-56 Transportation to develop a plan for applying for and using federal
5-57 funds to address infrastructure needs that affect enforcement
5-58 efforts.
5-59 (c) The department and the Texas Department of
5-60 Transportation shall:
5-61 (1) update and revise the procedures established under
5-62 this section as necessary; and
5-63 (2) file not later than January 15 of each
5-64 odd-numbered year with the presiding officer of each house of the
5-65 legislature a report that describes the procedures established
5-66 under this section and their implementation.
5-67 Sec. 411.0099. NEEDS ASSESSMENT FOR ENFORCEMENT OF
5-68 COMMERCIAL MOTOR VEHICLE RULES. (a) The department shall conduct
5-69 a long-term needs assessment for the enforcement of commercial
6-1 motor vehicle rules that considers at a minimum:
6-2 (1) the inventory of current facilities and equipment
6-3 used for enforcement, including types of scales, structures, space,
6-4 and other equipment;
6-5 (2) enforcement activity, including trend information,
6-6 at fixed-site facilities;
6-7 (3) staffing levels and operating hours for each
6-8 facility; and
6-9 (4) needed infrastructure improvements and the
6-10 associated costs and projected increase in activity that would
6-11 result from the improvements.
6-12 (b) The department shall submit a biennial report to the
6-13 legislative committees with primary jurisdiction over state
6-14 budgetary matters and the Texas Transportation Commission that
6-15 reflects the results of the needs assessment conducted under
6-16 Subsection (a). The report shall be submitted to the legislature
6-17 in conjunction with the department's legislative appropriations
6-18 request.
6-19 Sec. 411.0131. USE OF SEIZED AND FORFEITED ASSETS. (a) The
6-20 commission by rule shall establish a process under which the
6-21 commission approves all of the department's dispositions of assets
6-22 seized or forfeited under state or federal law and received by or
6-23 appropriated to the department. The commission shall adopt rules
6-24 under this section in accordance with Chapter 2001. Before
6-25 approving a disposition, the commission shall consider how the
6-26 disposition supports priorities established in the department's
6-27 strategic plan and whether the disposition complies with applicable
6-28 federal guidelines.
6-29 (b) The department shall file annually with the governor and
6-30 the presiding officer of each house of the legislature a report on
6-31 seized and forfeited assets. The report must include:
6-32 (1) a summary of receipts, dispositions, and fund
6-33 balances for the fiscal year derived from both federal and state
6-34 sources;
6-35 (2) regarding receipts, the court in which each case
6-36 involving seized or forfeited assets was adjudicated, the nature
6-37 and value of the assets, and the specific intended use of the
6-38 assets;
6-39 (3) regarding dispositions, the departmental control
6-40 number and category, the division making the request, the specific
6-41 item and amount requested, the amount the commission approved, and
6-42 the actual amount expended per item; and
6-43 (4) regarding planned dispositions, a description of
6-44 the broad categories of anticipated dispositions and how they
6-45 relate to the department's strategic plan.
6-46 (c) The department shall, within 30 days after the end of
6-47 each quarter, report and justify any dispositions of seized or
6-48 forfeited assets during the quarter that:
6-49 (1) differ from the planned dispositions reported
6-50 under Subsection (b); and
6-51 (2) were used for a purpose not considered a priority
6-52 in the department's strategic plan or not required by law or
6-53 applicable federal guidelines.
6-54 SECTION 8. Section 411.0195, Government Code, is amended by
6-55 amending Subsections (c) and (d) and adding Subsection (e) to read
6-56 as follows:
6-57 (c) The department shall maintain a file on each written
6-58 complaint filed with the department. The file must include:
6-59 (1) the name of the person who filed the complaint;
6-60 (2) the date the complaint is received by the
6-61 department;
6-62 (3) the subject matter of the complaint;
6-63 (4) the name of each person contacted in relation to
6-64 the complaint;
6-65 (5) a summary of the results of the review or
6-66 investigation of the complaint; and
6-67 (6) an explanation of the reason the file was closed,
6-68 if the agency closed the file without taking action other than to
6-69 investigate the complaint [keep an information file about each
7-1 complaint filed with the department that the department has
7-2 authority to resolve].
7-3 (d) The department shall provide to the person filing the
7-4 complaint and to each person who is a subject of the complaint a
7-5 copy of the department's policies and procedures relating to
7-6 complaint investigation and resolution.
7-7 (e) The [If a written complaint is filed with the department
7-8 that the department has authority to resolve, the] department, at
7-9 least quarterly until final disposition of the complaint, shall
7-10 notify the person filing the complaint and each person who is a
7-11 subject of [parties to] the complaint of the status of the
7-12 investigation [complaint] unless the notice would jeopardize an
7-13 undercover investigation.
7-14 SECTION 9. Section 411.023, Government Code, is amended by
7-15 adding Subsection (f) to read as follows:
7-16 (f) The commission shall authorize a badge designated as
7-17 "Special Ranger" that is distinct in appearance from the "Special
7-18 Texas Ranger" badge authorized under Section 411.024.
7-19 SECTION 10. Subchapter B, Chapter 411, Government Code, is
7-20 amended by adding Section 411.024 to read as follows:
7-21 Sec. 411.024. SPECIAL TEXAS RANGERS. (a) The commission
7-22 may appoint as a special Texas Ranger an honorably retired or
7-23 retiring commissioned officer of the department whose position
7-24 immediately preceding retirement is an officer of the Texas
7-25 Rangers.
7-26 (b) A special Texas Ranger is subject to the orders of the
7-27 commission and the governor for special duty to the same extent as
7-28 other law enforcement officers provided for by this chapter, except
7-29 that a special Texas Ranger may not enforce a law except one
7-30 designed to protect life and property and may not enforce a law
7-31 regulating the use of a state highway by a motor vehicle. A
7-32 special Texas Ranger is not connected with a ranger company or
7-33 uniformed unit of the department.
7-34 (c) Before issuance of a commission to a special Texas
7-35 Ranger the person shall enter into a good and sufficient bond
7-36 executed by a surety company authorized to do business in the state
7-37 in the amount of $2,500, approved by the director, and indemnifying
7-38 all persons against damages resulting from an unlawful act of the
7-39 special Texas Ranger.
7-40 (d) A special Texas Ranger is not entitled to compensation
7-41 from the state for service as a special Texas Ranger.
7-42 (e) A special Texas Ranger commission expires January 1 of
7-43 the first odd-numbered year after appointment. The commission may
7-44 revoke the commission of a special Texas Ranger who commits a
7-45 violation of a rule of the department for which an active officer
7-46 of the Texas Rangers would be discharged.
7-47 (f) The commission shall authorize a badge designated as
7-48 "Special Texas Ranger" that is distinct in appearance from the
7-49 "Special Ranger" badge authorized under Section 411.023.
7-50 SECTION 11. Chapter 411, Government Code, is amended by
7-51 adding Subchapter I to read as follows:
7-52 SUBCHAPTER I. INTERNAL OVERSIGHT
7-53 Sec. 411.241. OFFICE OF AUDIT AND REVIEW. The commission
7-54 shall establish the office of audit and review. The office shall
7-55 coordinate activities designed to promote effectiveness in
7-56 departmental operations and to keep the commission and the
7-57 legislature fully informed about deficiencies within the
7-58 department. The office shall:
7-59 (1) inspect and audit departmental programs and
7-60 operations for efficiency, uniformity, and compliance with
7-61 established procedures and develop recommendations for improvement;
7-62 (2) coordinate and be responsible for promoting
7-63 accountability, integrity, and efficiency in the department; and
7-64 (3) provide the commission with information relevant
7-65 to its oversight of the department.
7-66 Sec. 411.242. DIRECTOR OF AUDIT AND REVIEW. (a) The
7-67 commission shall appoint the director of the office of audit and
7-68 review. The director of audit and review serves until removed by
7-69 the commission.
8-1 (b) The director of audit and review must satisfy the
8-2 requirements to be the agency's internal auditor under Section
8-3 2102.006(b) and is considered to be the agency's internal auditor
8-4 for purposes of Chapter 2102.
8-5 (c) The department shall provide the director of audit and
8-6 review with access to any records, data, or other information
8-7 necessary to fulfill the purposes of this section and Section
8-8 411.243.
8-9 (d) The director of audit and review shall, with the advice
8-10 and consent of the commission, determine which audits and
8-11 inspections to perform and may publish the findings and
8-12 recommendations of the office of audit and review.
8-13 (e) The director of audit and review shall:
8-14 (1) report to the commission regarding audits and
8-15 inspections planned and the status and findings of those audits and
8-16 inspections; and
8-17 (2) report to the director for administrative purposes
8-18 and keep the director informed of the office's findings.
8-19 Sec. 411.243. POWERS AND DUTIES. (a) The office of audit
8-20 and review shall:
8-21 (1) independently and objectively inspect all
8-22 divisions of the department to:
8-23 (A) ensure that operations are conducted
8-24 efficiently, uniformly, and in compliance with established
8-25 procedures; and
8-26 (B) make recommendations for improvements in
8-27 operational performance;
8-28 (2) independently and objectively audit all divisions
8-29 of the department to:
8-30 (A) promote economy, effectiveness, and
8-31 efficiency within the department;
8-32 (B) prevent and detect fraud, waste, and abuse
8-33 in department programs and operations; and
8-34 (C) make recommendations about the adequacy and
8-35 effectiveness of the department's system of internal control
8-36 policies and procedures;
8-37 (3) advise in the development and evaluation of the
8-38 department's performance measures;
8-39 (4) review actions taken by the department to improve
8-40 program performance and make recommendations for improvement;
8-41 (5) review and make recommendations to the commission
8-42 and the legislature regarding rules, laws, and guidelines relating
8-43 to department programs and operations;
8-44 (6) keep the commission, director, and legislature
8-45 fully informed of problems in department programs and operations;
8-46 and
8-47 (7) ensure effective coordination and cooperation
8-48 among the state auditor's office, legislative oversight committees,
8-49 and other governmental bodies while attempting to avoid
8-50 duplication.
8-51 (b) Chapter 2102 applies to the office of audit and review.
8-52 Sec. 411.244. INTERNAL AFFAIRS. (a) The commission shall
8-53 establish the office of internal affairs.
8-54 (b) The office of internal affairs may have original
8-55 jurisdiction over all criminal investigations occurring on
8-56 department property or involving department employees. The office
8-57 shall coordinate, but need not conduct, all investigations under
8-58 this section.
8-59 (c) The commission shall appoint the head of the office of
8-60 internal affairs. The head of the office of internal affairs
8-61 serves until removed by the commission.
8-62 (d) The head of the office of internal affairs shall report
8-63 directly to the commission regarding performance of and activities
8-64 related to investigations, report to the director for
8-65 administrative purposes, and provide the director with information
8-66 regarding investigations as appropriate.
8-67 SECTION 12. Subsections (a) and (b), Article 60.061, Code of
8-68 Criminal Procedure, are amended to read as follows:
8-69 (a) The Texas State Board of Medical Examiners, the Texas
9-1 State Board of Podiatric Medical Examiners, the State Board of
9-2 Dental Examiners, the Texas State Board of Pharmacy, and the State
9-3 Board of Veterinary Medical Examiners shall provide to the
9-4 Department of Public Safety through electronic means, magnetic
9-5 tape, or disk, as specified by the department, a list including the
9-6 name, date of birth, and any other personal descriptive information
9-7 required by the department for each person licensed by the
9-8 respective agency. Each agency shall update this information and
9-9 submit to the Department of Public Safety the updated information
9-10 quarterly [monthly].
9-11 (b) The Department of Public Safety shall perform at least
9-12 quarterly [monthly] a computer match of the licensing list against
9-13 the convictions maintained in the computerized criminal history
9-14 system. The Department of Public Safety shall report to the
9-15 appropriate licensing agency for verification and administrative
9-16 action, as considered appropriate by the licensing agency, the name
9-17 of any person found to have a record of conviction, except a
9-18 defendant whose prosecution is deferred during a period of
9-19 community supervision without an adjudication or plea of guilt.
9-20 The Department of Public Safety may charge the licensing agency a
9-21 fee not to exceed the actual direct cost incurred by the department
9-22 in performing a computer match and reporting to the agency.
9-23 SECTION 13. Subchapter E, Chapter 521, Transportation Code,
9-24 is amended by adding Section 521.103 to read as follows:
9-25 Sec. 521.103. RENEWAL BY MAIL OR ELECTRONIC MEANS. The
9-26 department by rule may provide that the holder of a personal
9-27 identification certificate may renew the certificate by mail, by
9-28 telephone, over the Internet, or by other electronic means. A rule
9-29 adopted under this section may prescribe eligibility standards for
9-30 renewal under this section.
9-31 SECTION 14. (a) Section 521.125, Transportation Code, is
9-32 amended to read as follows:
9-33 Sec. 521.125. MEDICAL AND EMERGENCY INFORMATION ON LICENSE.
9-34 On the reverse side of a driver's license, the department shall:
9-35 (1) print:
9-36 (A) [(1)] "Allergic Reaction to Drugs: _____";
9-37 [and]
9-38 (B) [(2)] "Directive to physician has been filed
9-39 at tel. #"; and
9-40 (C) "Emergency contact tel. #";
9-41 (2) include to the right of the statements under
9-42 Subdivisions (1)(B) and (C) a surface on which [followed by a line
9-43 that] the license holder may write [use to indicate] the
9-44 appropriate telephone number; and
9-45 (3) include to the left of each of the statements
9-46 under Subdivisions (1)(B) and (C) a box that the license holder may
9-47 use to indicate for what purpose the telephone number applies.
9-48 (b) Notwithstanding Section 521.125, Transportation Code, as
9-49 amended by this section, the Department of Public Safety of the
9-50 State of Texas may use any materials used for driver's licenses
9-51 that the department has on the effective date of this Act
9-52 regardless of whether the materials comply with that section.
9-53 SECTION 15. Subsection (a), Section 521.141, Transportation
9-54 Code, is amended to read as follows:
9-55 (a) An applicant for an original or renewal of a driver's
9-56 license must apply in a manner prescribed [on a form provided] by
9-57 the department.
9-58 SECTION 16. Subsection (a), Section 521.143, Transportation
9-59 Code, is amended to read as follows:
9-60 (a) An application for an original [or renewal of a]
9-61 driver's license must be accompanied by evidence of financial
9-62 responsibility or a statement that the applicant does not own a
9-63 motor vehicle for which evidence of financial responsibility is
9-64 required under Chapter 601. The department may require an
9-65 application for a renewal of a driver's license to be accompanied
9-66 by evidence of financial responsibility or a statement that the
9-67 applicant does not own a motor vehicle for which evidence of
9-68 financial responsibility is required under Chapter 601.
9-69 SECTION 17. Section 521.274, Transportation Code, is amended
10-1 to read as follows:
10-2 Sec. 521.274. RENEWAL BY MAIL OR ELECTRONIC MEANS.
10-3 [(a)] The department by rule may provide that the holder of a
10-4 driver's license may renew the license by mail, by telephone, over
10-5 the Internet, or by other electronic means.
10-6 [(b)] A rule adopted under this section [subsection] may
10-7 prescribe eligibility standards for renewal under this section [not
10-8 permit renewal by mail of:]
10-9 [(1) a provisional license;]
10-10 [(2) an occupational license; or]
10-11 [(3) a driver's license if the license holder's
10-12 driving record as maintained by the department shows that the
10-13 holder, within the four years preceding the date of the renewal
10-14 application, has been convicted of:]
10-15 [(A) a moving violation, as defined by
10-16 department rule, in this state; or]
10-17 [(B) an offense described by Subchapter O].
10-18 SECTION 18. Subchapter R, Chapter 521, Transportation Code,
10-19 is amended by adding Section 521.427 to read as follows:
10-20 Sec. 521.427. METHOD OF PAYMENT OF FEES. (a) The
10-21 department may adopt rules regarding the method of payment of a fee
10-22 for a license or personal identification card issued under this
10-23 chapter.
10-24 (b) The rules may authorize payment, under circumstances
10-25 prescribed by the department:
10-26 (1) in person, by mail, by telephone, or over the
10-27 Internet;
10-28 (2) by means of electronic funds transfer; or
10-29 (3) by means of a valid credit card issued by a
10-30 financial institution chartered by a state or the federal
10-31 government or by a nationally recognized credit organization
10-32 approved by the department.
10-33 (c) The rules may require the payment of a discount or
10-34 service charge for a credit card payment in addition to the fee.
10-35 SECTION 19. Section 644.103, Transportation Code, is amended
10-36 by adding Subsections (d) and (e) to read as follows:
10-37 (d) A noncommissioned employee of the department who is
10-38 certified for the purpose by the director and who is supervised by
10-39 an officer of the department may, at a fixed-site facility, enter a
10-40 motor vehicle that is subject to this chapter. If the employee's
10-41 inspection shows that an enforcement action, such as the issuance
10-42 of a citation, is warranted, the supervising officer must take the
10-43 action.
10-44 (e) The department's training and other requirements for
10-45 certification of a noncommissioned employee of the department under
10-46 this section must be the same as the training and requirements,
10-47 other than the training and requirements for becoming and remaining
10-48 a peace officer, for officers who enforce this chapter.
10-49 SECTION 20. Section 644.104, Transportation Code, is amended
10-50 by adding Subsections (c) and (d) to read as follows:
10-51 (c) The department may use an officer to conduct an
10-52 inspection under this section if the inspection involves a
10-53 situation that the department determines to reasonably require the
10-54 use or presence of an officer to accomplish the inspection.
10-55 (d) The department's training and other requirements for
10-56 certification of a noncommissioned employee of the department under
10-57 this section must be the same as the training and requirements,
10-58 other than the training and requirements for becoming and remaining
10-59 a peace officer, for officers who enforce this chapter.
10-60 SECTION 21. (a) The Public Safety Commission shall adopt
10-61 each rule and establish all procedures necessary to implement the
10-62 changes in law made by this Act not later than January 1, 2000.
10-63 (b) Section 411.0031, Government Code, as added by this Act,
10-64 does not apply to a member of the Public Safety Commission
10-65 appointed before the effective date of this Act during the term the
10-66 member is serving on that effective date.
10-67 (c) The changes in law made by Section 411.0071, Government
10-68 Code, as added by this Act, apply only to an appointment or
10-69 promotion made on or after the effective date of this Act. A
11-1 person who, immediately before the effective date of this Act,
11-2 serves in a position that is designated as a key position by the
11-3 director of the Department of Public Safety of the State of Texas
11-4 on or after that date continues to possess, after the effective
11-5 date of this Act, all rights related to holding that position that
11-6 the person possessed immediately before the effective date of this
11-7 Act.
11-8 (d) Commissions issued under Section 411.023, Government
11-9 Code, prior to the effective date of this Act, are not affected.
11-10 SECTION 22. This Act takes effect September 1, 1999.
11-11 SECTION 23. The importance of this legislation and the
11-12 crowded condition of the calendars in both houses create an
11-13 emergency and an imperative public necessity that the
11-14 constitutional rule requiring bills to be read on three several
11-15 days in each house be suspended, and this rule is hereby suspended.
11-16 * * * * *