81R5724 JSC-D

By: Hopson H.B. No. 1260

A BILL TO BE ENTITLED

AN ACT

relating to a registration program for persons who commit certain intoxication offenses; providing criminal penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Title 1, Code of Criminal Procedure, is amended by adding Chapter 66 to read as follows:

CHAPTER 66. DWI OFFENDER REGISTRATION PROGRAM

SUBCHAPTER A. GENERAL PROVISIONS

Art. 66.001. DEFINITIONS. In this chapter:

(1) "Department" means the Department of Public Safety.

(2) "DWI offender" means a person who has been convicted of, placed on deferred adjudication for, or adjudicated as having engaged in conduct that constitutes an offense for which a person is subject to registration under this chapter.

(3) "Extrajurisdictional registrant" means a person who:

(A) is required to register as a DWI offender under:

(i) the laws of another state with which the department has entered into a reciprocal registration agreement;

(ii) federal law or the Uniform Code of Military Justice; or

(iii) the laws of a foreign country; and

(B) is not otherwise required to register under this chapter because:

(i) the person does not have a reportable conviction for an offense under the laws of the other state, federal law, the laws of the foreign country, or the Uniform Code of Military Justice containing elements that are substantially similar to the elements of an offense requiring registration under this chapter; or

(ii) the person does not have a reportable adjudication of delinquent conduct based on a violation of an offense under the laws of the other state, federal law, or the laws of the foreign country containing elements that are substantially similar to the elements of an offense requiring registration under this chapter.

(4) "Local law enforcement authority" means the chief of police of a municipality or the sheriff of a county in this state.

(5) "Penal institution" means:

(A) a confinement facility operated by or under a contract with any division of the Texas Department of Criminal Justice;

(B) a confinement facility operated by or under contract with the Texas Youth Commission;

(C) a juvenile secure pre-adjudication or post-adjudication facility operated by or under a local juvenile probation department; or

(D) a county jail.

(6) "Released" means discharged, paroled, placed in a nonsecure community program for juvenile offenders, or placed on juvenile probation, community supervision, or mandatory supervision.

(7) "Reportable conviction or adjudication" means a conviction or adjudication, including an adjudication of delinquent conduct or a deferred adjudication, that, regardless of the pendency of an appeal, is a conviction for or an adjudication for or based on:

(A) a violation of Section 49.04, 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, Penal Code; or

(B) a violation of the laws of another state, federal law, the laws of a foreign country, or the Uniform Code of Military Justice for or based on the violation of an offense containing elements that are substantially similar to the elements of an offense listed under Paragraph (A), but not if the violation results in a deferred adjudication.

(8) "Residence" includes a residence established in this state by a person described by Article 66.152(e).

Art. 66.002. APPLICABILITY OF CHAPTER. (a) This chapter applies only to a reportable conviction or adjudication based on an offense committed or conduct engaged in on or after January 1, 2010.

(b) Except as provided by Subsection (c), the duties imposed on a person required to register under this chapter on the basis of a reportable conviction or adjudication, and the corresponding duties and powers of other entities in relation to the person required to register on the basis of that conviction or adjudication, are not affected by:

(1) an appeal of the conviction or adjudication; or

(2) a pardon of the conviction or adjudication.

(c) If a conviction or adjudication that is the basis of a duty to register under this chapter is set aside on appeal by a court or if the person required to register under this chapter on the basis of a conviction or adjudication receives a pardon on the basis of subsequent proof of innocence, the duties imposed on the person by this chapter and the corresponding duties and powers of other entities in relation to the person are terminated.

Art. 66.003. DETERMINATION REGARDING SUBSTANTIALLY SIMILAR ELEMENTS OF OFFENSE. (a) For the purposes of this chapter, the department is responsible for determining whether an offense under the laws of another state, federal law, the laws of a foreign country, or the Uniform Code of Military Justice contains elements that are substantially similar to the elements of an offense under the laws of this state.

(b) The department annually shall provide or make available to each prosecuting attorney's office in this state:

(1) the criteria used in making a determination under Subsection (a); and

(2) any existing record or compilation of offenses under the laws of another state, federal law, the laws of a foreign country, and the Uniform Code of Military Justice that the department has already determined to contain elements that are substantially similar to the elements of offenses under the laws of this state.

(c) An appeal of a determination made under this article shall be brought in a district court in Travis County.

Art. 66.004. DETERMINATION REGARDING PRIMARY REGISTRATION AUTHORITY. (a) For each person subject to registration under this chapter, the department shall determine which local law enforcement authority serves as the person's primary registration authority based on the municipality or county in which the person resides or, as provided by Article 66.152, the municipality or county in which the person works or attends school.

(b) The department shall notify each person subject to registration under this chapter of the person's primary registration authority in a timely manner.

Art. 66.005. CENTRAL DATABASE; PUBLIC INFORMATION. (a) The department shall maintain a computerized central database containing the information required for registration under this chapter.

(b) The information contained in the database is public information, with the exception of any information:

(1) regarding the person's social security number, driver's license number, personal identification certificate number, or telephone number;

(2) that is required by the department under Article 66.051(c)(8); or

(3) that would identify a child passenger in an offense under Section 49.045, Penal Code, or the victim of an offense under Section 49.07 or 49.08, Penal Code, for which the person is subject to registration.

(c) Notwithstanding Chapter 730, Transportation Code, the department shall maintain in the database, and shall post on any department website related to the database, any photograph of the person that is available through the process for obtaining or renewing a personal identification certificate or driver's license under Section 521.1031 or 521.2721, Transportation Code. The department shall update the photograph in the database and on the website annually or as the photograph otherwise becomes available through the renewal process for the certificate or license.

(d) A local law enforcement authority shall release public information described under Subsection (b) to any person who requests the information from the authority. The authority may charge the person a fee not to exceed the amount reasonably necessary to cover the administrative costs associated with the authority's release of information to the person under this subsection.

(e) The department shall provide a licensing authority with notice of any person required to register under this chapter who holds or seeks a license that is issued by the authority. The department shall provide the notice required by this subsection as the applicable licensing information becomes available through the person's registration or verification of registration.

(f) On the written request of a licensing authority that identifies an individual and states that the individual is an applicant for or a holder of a license issued by the licensing authority, the department shall release any information described by Subsection (a) to the licensing authority.

(g) For purposes of Subsections (e) and (f):

(1) "License" means a license, certificate, registration, permit, or other authorization:

(A) that is issued by a licensing authority; and

(B) that a person must obtain to practice or engage in a particular business, occupation, or profession.

(2) "Licensing authority" means a department, commission, board, office, or other agency of this state or a political subdivision of this state that issues a license.

Art. 66.006. INFORMATION PROVIDED TO PEACE OFFICER ON REQUEST. The department shall establish a procedure by which a peace officer or employee of a law enforcement agency who provides the department with a driver's license number, personal identification certificate number, or license plate number is automatically provided information as to whether the person to whom the driver's license or personal identification certificate is issued is required to register under this chapter or whether the license plate number is entered in the computerized central database under Article 66.005 as assigned to a vehicle owned or operated by a person required to register under this chapter.

Art. 66.007. GENERAL IMMUNITY. The following persons are immune from liability for good faith conduct under this chapter:

(1) an employee or officer of the Texas Department of Criminal Justice, the Texas Youth Commission, the Texas Juvenile Probation Commission, the Department of Public Safety, the Board of Pardons and Paroles, or a local law enforcement authority;

(2) an employee or officer of a community supervision and corrections department or a juvenile probation department; and

(3) a member of the judiciary.

Art. 66.008. IMMUNITY FOR RELEASE OF PUBLIC INFORMATION. (a) The department, a penal institution, or a local law enforcement authority may release to the public information regarding a person required to register under this chapter only if the information is public information under this chapter.

(b) An individual, agency, entity, or authority is not liable under Chapter 101, Civil Practice and Remedies Code, or any other law for damages arising from conduct authorized by Subsection (a).

(c) For purposes of determining liability, the release or withholding of information by an appointed or elected officer of an agency, entity, or authority is a discretionary act.

Art. 66.009. RULEMAKING AUTHORITY. The Texas Department of Criminal Justice, the Texas Youth Commission, the Texas Juvenile Probation Commission, and the department may adopt any rule necessary to implement this chapter.

[Sections 66.010-66.050 reserved for expansion]

SUBCHAPTER B. REGISTRATION AND VERIFICATION

REQUIREMENTS; RELATED NOTICE

Art. 66.051. REGISTRATION: GENERAL. (a) A person who has a reportable conviction or adjudication or who is required to register as a condition of release on parole, mandatory supervision, or community supervision shall register or, if the person is a person for whom registration is completed under this chapter, verify registration as provided by Subsection (f), with the local law enforcement authority in any municipality where the person resides or intends to reside for more than seven days. If the person does not reside or intend to reside in a municipality, the person shall register or verify registration in any county where the person resides or intends to reside for more than seven days. The person shall satisfy the requirements of this subsection not later than the later of:

(1) the seventh day after the person's arrival in the municipality or county; or

(2) the first date the local law enforcement authority of the municipality or county by policy allows the person to register or verify registration, as applicable.

(b) The department shall provide the Texas Department of Criminal Justice, the Texas Youth Commission, the Texas Juvenile Probation Commission, and each local law enforcement authority, county jail, and court with a form for registering persons required by this chapter to register.

(c) The registration form shall require:

(1) the person's full name, each alias, date of birth, sex, race, height, weight, eye color, hair color, social security number, driver's license number, and residence address;

(2) a recent color photograph or, if possible, an electronic digital image of the person;

(3) the offense for which the person is required to register, the date of the applicable conviction or adjudication, and the punishment received;

(4) an indication as to whether the person is discharged, paroled, or released on juvenile probation, community supervision, or mandatory supervision;

(5) an indication of each license, as defined by Article 66.005(g), that is held or sought by the person;

(6) an indication as to whether the person is or will be employed, carrying on a vocation, or a student at a particular educational facility in this state or another state, and the name and address of that facility;

(7) the license plate number of any vehicle owned or operated by the person; and

(8) any other information required by the department.

(d) The registration form must contain a statement and description of any registration duties the person has or may have under this chapter.

(e) Not later than the third day after a person registers under this chapter, the local law enforcement authority with whom the person registered shall send a copy of the registration form to the department.

(f) A person for whom registration is completed under this chapter shall report to the applicable local law enforcement authority to verify the information in the registration form received by the authority under this chapter. The authority shall require the person to produce proof of the person's identity and residence before the authority gives the registration form to the person for verification. If the information in the registration form is complete and accurate, the person shall verify registration by signing the form. If the information is not complete or not accurate, the person shall make any necessary additions or corrections before signing the form.

(g) A person who is required to register or verify registration under this chapter shall ensure that the person's registration form is complete and accurate with respect to each item of information required by the form in accordance with Subsection (c).

(h) If a person subject to registration under this chapter does not move to an intended residence by the end of the seventh day after the date on which the person is released or the date on which the person leaves a previous residence, the person shall:

(1) report to the juvenile probation officer, community supervision and corrections department officer, or parole officer supervising the person by not later than the seventh day after the date on which the person is released or the date on which the person leaves a previous residence, as applicable, and provide the officer with the address of the person's temporary residence; and

(2) continue to report to the person's supervising officer not less than weekly during any period of time in which the person has not moved to an intended residence and provide the officer with the address of the person's temporary residence.

(i) If the other state has a registration requirement for DWI offenders, a person who has a reportable conviction or adjudication, who resides in this state, and who is employed, carries on a vocation, or is a student in another state shall, not later than the 10th day after the date on which the person begins to work or attend school in the other state, register with the law enforcement authority that is identified by the department as the authority designated by that state to receive registration information.

Art. 66.052. REGISTRATION: EXTRAJURISDICTIONAL REGISTRANTS. (a) An extrajurisdictional registrant is required to comply with the annual verification requirements of Article 66.056 in the same manner as a person who is required to verify registration on the basis of a reportable conviction or adjudication.

(b) The duty to register for an extrajurisdictional registrant expires on the date the person's duty to register would expire under the laws of the other state or foreign country had the person remained in that state or foreign country, under federal law, or under the Uniform Code of Military Justice, as applicable.

(c) The department may negotiate and enter into a reciprocal registration agreement with any other state to prevent residents of this state and residents of the other state from frustrating the public purpose of the registration of DWI offenders by moving from one state to the other.

Art. 66.053. PRERELEASE NOTIFICATION. (a) Before a person who will be subject to registration under this chapter is released from a penal institution, an official of the penal institution shall:

(1) inform the person that:

(A) not later than the later of the seventh day after the date on which the person is released or after the date on which the person moves from a previous residence to a new residence in this state or not later than the later of the first date the applicable local law enforcement authority by policy allows the person to register or verify registration, the person must register or verify registration with the local law enforcement authority in the municipality or county in which the person intends to reside;

(B) not later than the seventh day after the date on which the person is released or the date on which the person moves from a previous residence to a new residence in this state, the person must, if the person has not moved to an intended residence, report to the juvenile probation officer, community supervision and corrections department officer, or parole officer supervising the person;

(C) not later than the seventh day before the date on which the person moves to a new residence in this state or another state, the person must report in person to the local law enforcement authority designated as the person's primary registration authority by the department and to the juvenile probation officer, community supervision and corrections department officer, or parole officer supervising the person;

(D) not later than the 10th day after the date on which the person arrives in another state in which the person intends to reside, the person must register with the law enforcement agency that is identified by the department as the agency designated by that state to receive registration information, if the other state has a registration requirement for DWI offenders;

(E) not later than the 30th day after the date on which the person is released, the person must apply to the department in person for the issuance of an original or renewal driver's license, if eligible for the license, or for an original or renewal personal identification certificate, and a failure to apply to the department as required by this paragraph results in the automatic revocation of any driver's license not otherwise revoked or any personal identification certificate issued by the department to the person; and

(F) the person must notify appropriate entities of any change in status as described by Article 66.055;

(2) require the person to sign a written statement that the person was informed of the person's duties as described by Subdivision (1) or Subsection (c) or, if the person refuses to sign the statement, certify that the person was so informed;

(3) obtain the address where the person expects to reside on the person's release and other registration information, including a photograph; and

(4) complete the registration form for the person.

(b) On the seventh day before the date on which a person who will be subject to registration under this chapter is due to be released from a penal institution, or on receipt of notice by a penal institution that a person who will be subject to registration under this chapter is due to be released in less than seven days, an official of the penal institution shall send the person's completed registration form to the department and to:

(1) the applicable local law enforcement authority in the municipality or county in which the person expects to reside, if the person expects to reside in this state; or

(2) the law enforcement agency that is identified by the department as the agency designated by another state to receive registration information, if the person expects to reside in that other state and that other state has a registration requirement for DWI offenders.

(c) Before a person who will be subject to registration under this chapter is due to be released from a penal institution in this state, an official of the penal institution shall inform the person that:

(1) if the person intends to reside in another state and to work or attend school in this state, the person must, not later than the later of the seventh day after the date on which the person begins to work or attend school or the first date the applicable local law enforcement authority by policy allows the person to register or verify registration, register or verify registration with the local law enforcement authority in the municipality or county in which the person intends to work or attend school; and

(2) if the person intends to reside in this state and to work or attend school in another state and if the other state has a registration requirement for DWI offenders, the person must, not later than the 10th day after the date on which the person begins to work or attend school in the other state, register with the law enforcement authority that is identified by the department as the authority designated by that state to receive registration information.

Art. 66.054. CHANGE OF ADDRESS. (a) If a person required to register under this chapter intends to change address, regardless of whether the person intends to move to another state, the person shall, not later than the seventh day before the intended change, report in person to the local law enforcement authority designated as the person's primary registration authority by the department and to the juvenile probation officer, community supervision and corrections department officer, or parole officer supervising the person and provide the authority and the officer with the person's anticipated move date and new address. If a person required to register changes address, the person shall, not later than the later of the seventh day after changing the address or the first date the applicable local law enforcement authority by policy allows the person to report, report in person to the local law enforcement authority in the municipality or county in which the person's new residence is located and provide the authority with proof of identity and proof of residence.

(b) Not later than the third day after receipt of notice under Subsection (a), the person's juvenile probation officer, community supervision and corrections department officer, or parole officer shall forward the information provided under Subsection (a) to the local law enforcement authority designated as the person's primary registration authority by the department and, if the person intends to move to another municipality or county in this state, to the applicable local law enforcement authority in that municipality or county.

(c) If the person moves to another state that has a registration requirement for DWI offenders, the person shall, not later than the 10th day after the date on which the person arrives in the other state, register with the law enforcement agency that is identified by the department as the agency designated by that state to receive registration information.

(d) Not later than the third day after receipt of information under Subsection (a) or (b), whichever is earlier, the local law enforcement authority shall forward this information to the department and, if the person intends to move to another municipality or county in this state, to the applicable local law enforcement authority in that municipality or county.

(e) If a person who reports to a local law enforcement authority under Subsection (a) does not move on or before the anticipated move date or does not move to the new address provided to the authority, the person shall:

(1) not later than the seventh day after the anticipated move date, and not less than weekly after that seventh day, report to the local law enforcement authority designated as the person's primary registration authority by the department and provide an explanation to the authority regarding any changes in the anticipated move date and intended residence; and

(2) report to the juvenile probation officer, community supervision and corrections department officer, or parole officer supervising the person not less than weekly during any period in which the person has not moved to an intended residence.

(f) If the person moves to another municipality or county in this state, the department shall inform the applicable local law enforcement authority in the new area of the person's residence not later than the third day after the date on which the department receives information under Subsection (a).

(g) If the person moves to another state, the department shall, immediately on receiving information under Subsection (d), inform the agency that is designated by the other state to receive registration information, if that state has a registration requirement for DWI offenders.

Art. 66.055. STATUS REPORT BY SUPERVISING OFFICER OR LOCAL LAW ENFORCEMENT AUTHORITY. (a) If the juvenile probation officer, community supervision and corrections department officer, or parole officer supervising a person subject to registration under this chapter receives information to the effect that the person's status has changed in any manner that affects proper supervision of the person, including a change in the person's name, job or educational status, incarceration, or terms of release, the supervising officer shall promptly notify the appropriate local law enforcement authority or authorities of that change. If the person required to register intends to change address, the supervising officer shall notify each local law enforcement authority specified in Article 66.054(b). Not later than the seventh day after the date the supervising officer receives the relevant information, the supervising officer shall notify the local law enforcement authority of any change in the person's job or educational status in which the person:

(1) becomes employed, begins to carry on a vocation, or becomes a student at a particular educational facility; or

(2) terminates the person's status in that capacity.

(b) Not later than the seventh day after the date of the change, a person subject to registration under this chapter shall report to the local law enforcement authority designated as the person's primary registration authority by the department any change in the person's name or job or educational status.

(c) For purposes of this section:

(1) a person's job status changes if the person leaves employment for any reason, remains employed by an employer but changes the location at which the person works, or begins employment with a new employer;

(2) a change in a person's educational status includes the person's transfer from one educational facility to another; and

(3) regarding a change of name, notice of the proposed name provided to a local law enforcement authority as described by Sections 45.004 and 45.103, Family Code, is sufficient, except that the person shall promptly notify the authority of any denial of the person's petition for a change of name.

(d) Not later than the seventh day after the date the local law enforcement authority receives relevant information under this section, the local law enforcement authority shall notify the department of any change in the person's name or job or educational status.

Art. 66.056. LAW ENFORCEMENT VERIFICATION OF REGISTRATION INFORMATION. (a) A person subject to registration under this chapter shall report to the local law enforcement authority designated as the person's primary registration authority by the department once each year not earlier than the 30th day before and not later than the 30th day after the anniversary of the person's date of birth to verify the information in the registration form maintained by the authority for that person.

(b) A local law enforcement authority designated as a person's primary registration authority by the department may direct the person to report to the authority to verify the information in the registration form maintained by the authority for that person. The authority may direct the person to report under this subsection once in each year not earlier than the 30th day before and not later than the 30th day after the anniversary of the person's date of birth. A local law enforcement authority may not direct a person to report to the authority under this subsection if the person is in compliance with the reporting requirements of Subsection (a).

(c) A local law enforcement authority with whom a person reports under this article shall require the person to produce proof of the person's identity and residence before the authority gives the registration form to the person for verification. If the information in the registration form is complete and accurate, the person shall verify registration by signing the form. If the information is not complete or not accurate, the person shall make any necessary additions or corrections before signing the form.

(d) A local law enforcement authority designated as a person's primary registration authority by the department may at any time mail a nonforwardable verification form to the last reported residence address of the person. Not later than the 21st day after receipt of a verification form under this subsection, the person shall:

(1) indicate on the form whether the person still resides at the last reported residence address and, if not, provide on the form the person's new residence address;

(2) complete any other information required by the form;

(3) sign the form; and

(4) return the form to the authority.

Art. 66.057. REQUIREMENTS RELATING TO DRIVER'S LICENSE OR PERSONAL IDENTIFICATION CERTIFICATE. (a) A person subject to registration under this chapter shall apply to the department in person for the issuance of, as applicable, an original or renewal driver's license under Section 521.2721, Transportation Code, an original or renewal commercial driver's license or commercial driver learner's permit under Section 522.0331, Transportation Code, or an original or renewal personal identification certificate under Section 521.1031, Transportation Code, not later than the 30th day after the date:

(1) the person is released from a penal institution or is released by a court on community supervision or juvenile probation; or

(2) the department sends written notice to the person of the requirements of this article.

(b) The person shall annually renew in person each driver's license or personal identification certificate issued by the department to the person, including each renewal, duplicate, or corrected license or certificate, until the person's duty to register under this chapter expires.

Art. 66.058. LIMITATION ON NEWSPAPER PUBLICATION. A local law enforcement authority may not publish notice in a newspaper or other periodical or circular concerning a person's registration under this chapter if the only basis on which the person is subject to registration is one or more adjudications of delinquent conduct.

[Articles 66.059-66.100 reserved for expansion]

SUBCHAPTER C. EXPIRATION OF DUTY TO REGISTER; GENERAL PENALTIES

FOR NONCOMPLIANCE

Art. 66.101. EXPIRATION OF DUTY TO REGISTER. (a) The duty to register for a person who has one reportable conviction or adjudication expires on the second anniversary of the date on which:

(1) the court dismisses the criminal proceedings against the person and discharges the person, the person is released from a penal institution, or the person discharges community supervision, whichever date is later, if the person's duty to register is based on a conviction or an order of deferred adjudication; or

(2) the disposition is made or the person completes the terms of the disposition, whichever date is later, if the person's duty to register is based on an adjudication of delinquent conduct.

(b) The duty to register for a person who has two reportable convictions or adjudications expires on the fifth anniversary of the date described by Subsection (a)(1) or (2) with respect to the most recent reportable conviction or adjudication, as applicable.

(c) The duty to register for a person who has three reportable convictions or adjudications expires on the 10th anniversary of the date described by Subsection (a)(1) or (2) with respect to the most recent reportable conviction or adjudication, as applicable.

(d) The duty to register for a person who has four or more reportable convictions or adjudications expires when the person dies.

Art. 66.102. FAILURE TO COMPLY WITH REGISTRATION REQUIREMENTS. (a) A person commits an offense if the person is required to register under this chapter and fails to comply with any requirement of this chapter that applies to the person.

(b) An offense under this article is the same grade of offense as the offense that serves as the basis for the person's most recent reportable conviction or adjudication.

[Articles 66.103-66.150 reserved for expansion]

SUBCHAPTER D. PROVISIONS APPLICABLE TO CERTAIN WORKERS AND

STUDENTS

Art. 66.151. DEFINITIONS. For purposes of this subchapter, a person:

(1) is employed or carries on a vocation if the person works or volunteers on a full-time or part-time basis for a consecutive period exceeding 14 days or for an aggregate period exceeding 30 days in a calendar year;

(2) works regardless of whether the person works for compensation or for governmental or educational benefit; and

(3) is a student if the person enrolls on a full-time or part-time basis in any educational facility, including:

(A) a public or private primary or secondary school, including a high school or alternative learning center; or

(B) a public or private institution of higher education.

Art. 66.152. REGISTRATION OF CERTAIN WORKERS OR STUDENTS. (a) A person is subject to this subchapter and, except as otherwise provided by this article, to the other subchapters of this chapter if the person:

(1) has a reportable conviction or adjudication;

(2) resides in another state; and

(3) is employed, carries on a vocation, or is a student in this state.

(b) A person described by Subsection (a) is subject to the registration and verification requirements of Articles 66.051 and 66.056 and to the change of address requirements of Article 66.054, except that the registration and verification and the reporting of a change of address are based on the municipality or county in which the person works or attends school.

(c) A person described by Subsection (a) is not subject to Article 66.101.

(d) The duty to register for a person described by Subsection (a) ends when the person no longer works or studies in this state, provides notice of that fact to the local law enforcement authority in the municipality or county in which the person works or attends school, and receives notice of verification of that fact from the authority. The authority must verify that the person no longer works or studies in this state and must provide to the person notice of that verification within a reasonable time.

(e) Notwithstanding Subsection (a), this article does not apply to a person who has a reportable conviction or adjudication, who resides in another state, and who is employed, carries on a vocation, or is a student in this state if the person establishes another residence in this state to work or attend school in this state. However, that person remains subject to the other articles of this chapter based on that person's residence in this state.

[Articles 66.153-66.200 reserved for expansion]

SUBCHAPTER E. REMOVAL OF REGISTRATION INFORMATION

Art. 66.201. REMOVING REGISTRATION INFORMATION WHEN DUTY TO REGISTER EXPIRES. (a) When a person is no longer required to register under this chapter, the department shall remove all information about the person from the DWI offender registry.

(b) The duty to remove information under Subsection (a) arises if:

(1) the department has received notice from a local law enforcement authority under Subsection (c) or (d) that the person is no longer required to register or will no longer be required to renew registration and the department verifies the correctness of that information;

(2) the court having jurisdiction over the case for which registration is required requests removal and the department determines that the duty to register has expired; or

(3) the person or the person's representative requests removal and the department determines that the duty to register has expired.

(c) When a person required to register under this chapter appears before a local law enforcement authority to renew or modify registration information, the authority shall determine whether the duty to register has expired. If the authority determines that the duty to register has expired, the authority shall remove all information about the person from the DWI offender registry and notify the department that the person's duty to register has expired.

(d) When a person required to register under this chapter appears before a local law enforcement authority to renew registration information, the authority shall determine whether the renewal is the final annual renewal of registration required by law. If the authority determines that the person's duty to register will expire before the next annual renewal is scheduled, the authority shall automatically remove all information about the person from the DWI offender registry on expiration of the duty to register and notify the department that the information about the person has been removed from the registry.

(e) When the department has removed information under Subsection (a), the department shall notify all local law enforcement authorities that have provided registration information to the department about the person of the removal. A local law enforcement authority that receives notice from the department under this subsection shall remove all registration information about the person from its registry.

(f) When the department has removed information under Subsection (a), the department shall notify all public and private agencies or organizations to which it has provided registration information about the person of the removal. On receiving notice, the public or private agency or organization shall remove all registration information about the person from any registry the agency or organization maintains that is accessible to the public with or without charge.

[Articles 66.202-66.250 reserved for expansion]

SUBCHAPTER F. EXEMPTIONS FROM REGISTRATION FOR CERTAIN JUVENILES

Art. 66.251. MOTION AND HEARING GENERALLY. (a) During or after disposition of a case under Section 54.04, Family Code, for adjudication of an offense for which registration is required under this chapter, the juvenile court on motion of the respondent shall conduct a hearing to determine whether the interests of the public require registration under this chapter. The motion may be filed and the hearing held regardless of whether the respondent is under 18 years of age. Notice of the motion and hearing shall be provided to the prosecuting attorney.

(b) The hearing is without a jury and the burden of persuasion is on the respondent to show by a preponderance of evidence that the criteria of Article 66.252(a) have been met. The court at the hearing may make its determination based on:

(1) the receipt of exhibits;

(2) the testimony of witnesses;

(3) representations of counsel for the parties; or

(4) the contents of a substance abuse report prepared by the juvenile probation department that may include the results of testing and examination of the respondent by a psychologist, psychiatrist, or counselor.

(c) All written matter considered by the court shall be disclosed to all parties as provided by Section 54.04(b), Family Code.

(d) If a respondent, as part of a plea agreement, promises not to file a motion seeking an order exempting the respondent from registration under this chapter, the court may not recognize a motion filed by a respondent under this article.

Art. 66.252. ORDER GENERALLY. (a) The court shall enter an order exempting a respondent from registration under this chapter if the court determines:

(1) that the protection of the public would not be increased by registration of the respondent under this chapter; or

(2) that any potential increase in protection of the public resulting from registration of the respondent is clearly outweighed by the anticipated substantial harm to the respondent and the respondent's family that would result from registration under this chapter.

(b) After a hearing under Article 66.251 or under a plea agreement described by Article 66.255(b), the juvenile court may enter an order:

(1) deferring decision on requiring registration under this chapter until the respondent has completed substance abuse treatment as a condition of probation or while committed to the Texas Youth Commission; or

(2) requiring the respondent to register as a DWI offender but providing that the registration information is not public information and is restricted to use by law enforcement and criminal justice agencies.

(c) If the court enters an order described by Subsection (b)(1), the court retains discretion and jurisdiction to require, or exempt the respondent from, registration under this chapter at any time during the treatment or on the successful or unsuccessful completion of treatment, except that during the period of deferral, registration may not be required. Following successful completion of treatment, the respondent is exempted from registration under this chapter unless a hearing under this subchapter is held on motion of the state, regardless of whether the respondent is 18 years of age or older, and the court determines the interests of the public require registration. Not later than the 10th day after the date of the respondent's successful completion of treatment, the treatment provider shall notify the juvenile court and prosecuting attorney of the completion.

(d) Information that is the subject of an order described by Subsection (b)(2) may not be posted on the Internet or released to the public.

Art. 66.253. MOTION, HEARING, AND ORDER CONCERNING PERSON ALREADY REGISTERED. (a) A person who has registered as a DWI offender for an adjudication of delinquent conduct, regardless of when the delinquent conduct or the adjudication for the conduct occurred, may file a motion in the adjudicating juvenile court for a hearing seeking:

(1) exemption from registration under this chapter as provided by Article 66.251; or

(2) an order under Article 66.252(b)(2) that the registration become nonpublic.

(b) The person may file a motion under Subsection (a) in the original juvenile case regardless of whether the person, at the time of filing the motion, is 18 years of age or older. Notice of the motion shall be provided to the prosecuting attorney. A hearing on the motion shall be provided as in other cases under this subchapter.

(c) Only one subsequent motion may be filed under Subsection (a) if a previous motion under this article has been filed concerning the case.

(d) To the extent feasible, the motion under Subsection (a) shall identify those public and private agencies and organizations that possess DWI offender registration information about the case.

(e) The juvenile court, after a hearing, may:

(1) deny a motion filed under Subsection (a);

(2) grant a motion described by Subsection (a)(1); or

(3) grant a motion described by Subsection (a)(2).

(f) If the court grants a motion filed under Subsection (a), the clerk of the court shall send by certified mail, return receipt requested, a copy of the order to the department, to each local law enforcement authority that the person has proved to the juvenile court has registration information about the person, and to each public or private agency or organization that the person has proved to the juvenile court has information about the person that is currently available to the public with or without payment of a fee. The clerk of the court shall send by certified mail, return receipt requested, a copy of the order to any other agency or organization designated by the person. The person shall identify the agency or organization and its address and pay a fee of $20 to the court for each agency or organization the person designates.

(g) In addition to disseminating the order under Subsection (f), at the request of the person, the clerk of the court shall send by certified mail, return receipt requested, a copy of the order to each public or private agency or organization that at any time following the initial dissemination of the order under Subsection (f) gains possession of DWI offender registration information pertaining to that person, if the agency or organization did not otherwise receive a copy of the order under Subsection (f).

(h) An order under Subsection (f) must require the recipient to conform its records to the court's order by deleting the DWI offender registration information or changing its status to nonpublic, as applicable.

(i) A private agency or organization that possesses DWI offender registration information the agency or organization obtained from a state, county, or local governmental entity is required to conform the agency's or organization's records to the court's order on or before the 30th day after the date of the entry of the order. Failure to comply in that period automatically bars the agency or organization from obtaining DWI offender registration information from any state, county, or local governmental entity in this state in the future.

Art. 66.254. MOTION, HEARING, AND ORDER CONCERNING PERSON REQUIRED TO REGISTER BECAUSE OF OUT-OF-STATE ADJUDICATION. (a) A person required to register as a DWI offender in this state because of an out-of-state adjudication of delinquent conduct may file in the juvenile court of the person's county of residence a petition under Article 66.251 for an order exempting the person from registration under this chapter.

(b) If the person is registered as a DWI offender in this state because of an out-of-state adjudication of delinquent conduct, the person may file in the juvenile court of the person's county of residence a petition under Article 66.253 for an order removing the person from DWI offender registries in this state.

(c) On receipt of a petition under this article, the juvenile court shall conduct a hearing and make rulings as in other cases under this subchapter.

(d) An order entered under this article requiring removal of registration information applies only to registration information derived from registration in this state.

Art. 66.255. WAIVER OF HEARING. (a) The prosecuting attorney may waive the state's right to a hearing under this subchapter and agree that registration under this chapter is not required. A waiver under this subsection must state whether the waiver is entered under a plea agreement.

(b) If the waiver is entered under a plea agreement, the court, without a hearing, shall:

(1) enter an order exempting the respondent from registration under this chapter; or

(2) under Section 54.03(j), Family Code, inform the respondent that the court believes a hearing under this article is required and give the respondent the opportunity to:

(A) withdraw the respondent's plea; or

(B) affirm the respondent's plea and participate in the hearing.

(c) If the waiver is entered other than under a plea agreement, the court, without a hearing, shall enter an order exempting the respondent from registration under this chapter.

Art. 66.256. EFFECT OF CERTAIN ORDERS. (a) A person who has an adjudication of delinquent conduct that would otherwise be reportable under Article 66.001(7) does not have a reportable adjudication of delinquent conduct for purposes of this chapter if the juvenile court enters an order under this subchapter exempting the person from the registration requirements of this chapter.

(b) If the juvenile court enters an order exempting a person from registration under this chapter, the respondent may not be required to register in this or any other state for the offense for which registration was exempted.

Art. 66.257. APPEAL OF CERTAIN ORDERS. (a) Notwithstanding Section 56.01, Family Code, on entry by a juvenile court of an order under Article 66.252(a) exempting a respondent from registration under this chapter, the prosecuting attorney may appeal that order by giving notice of appeal within the time required under Rule 26.2(b), Texas Rules of Appellate Procedure. The appeal is civil and the standard of review in the appellate court is whether the juvenile court committed procedural error or abused its discretion in exempting the respondent from registration under this chapter. The appeal is limited to review of the order exempting the respondent from registration under this chapter and may not include any other issues in the case.

(b) A respondent may under Section 56.01, Family Code, appeal a juvenile court's order under Article 66.252(a) requiring registration in the same manner as the appeal of any other legal issue in the case. The standard of review in the appellate court is whether the juvenile court committed procedural error or abused its discretion in requiring registration.

[Articles 66.258-66.300 reserved for expansion]

SUBCHAPTER G. FUNDING

Art. 66.301. DWI OFFENDER REGISTRATION ACCOUNT. (a) The DWI offender registration account is established as an account in the general revenue fund. Money in the account may be appropriated only to the department to implement this chapter.

(b) The account is composed of money deposited to the account under Article 102.0183 and the earnings of the account.

(c) Sections 403.095 and 404.071, Government Code, do not apply to the account.

SECTION 2. Chapter 13, Code of Criminal Procedure, is amended by adding Article 13.33 to read as follows:

Art. 13.33. FAILURE TO COMPLY WITH DWI OFFENDER REGISTRATION STATUTE. An offense under Chapter 66 may be prosecuted in:

(1) any county in which an element of the offense occurs;

(2) the county in which the person subject to Chapter 66 last registered, verified registration, or otherwise complied with a requirement of Chapter 66;

(3) the county in which the person required to register under Chapter 66 has indicated that the person intends to reside; or

(4) any county in which the person required to register under Chapter 66 is placed under custodial arrest for an offense subsequent to the person's most recent reportable conviction or adjudication under Chapter 66.

SECTION 3. Section 1, Article 42.01, Code of Criminal Procedure, is amended to read as follows:

Sec. 1. A judgment is the written declaration of the court signed by the trial judge and entered of record showing the conviction or acquittal of the defendant. The sentence served shall be based on the information contained in the judgment. The judgment shall reflect:

1. The title and number of the case;

2. That the case was called and the parties appeared, naming the attorney for the state, the defendant, and the attorney for the defendant, or, where a defendant is not represented by counsel, that the defendant knowingly, intelligently, and voluntarily waived the right to representation by counsel;

3. The plea or pleas of the defendant to the offense charged;

4. Whether the case was tried before a jury or a jury was waived;

5. The submission of the evidence, if any;

6. In cases tried before a jury that the jury was charged by the court;

7. The verdict or verdicts of the jury or the finding or findings of the court;

8. In the event of a conviction that the defendant is adjudged guilty of the offense as found by the verdict of the jury or the finding of the court, and that the defendant be punished in accordance with the jury's verdict or the court's finding as to the proper punishment;

9. In the event of conviction where death or any punishment is assessed that the defendant be sentenced to death, a term of confinement or community supervision, or to pay a fine, as the case may be;

10. In the event of conviction where the imposition of sentence is suspended and the defendant is placed on community supervision, setting forth the punishment assessed, the length of community supervision, and the conditions of community supervision;

11. In the event of acquittal that the defendant be discharged;

12. The county and court in which the case was tried and, if there was a change of venue in the case, the name of the county in which the prosecution was originated;

13. The offense or offenses for which the defendant was convicted;

14. The date of the offense or offenses and degree of offense for which the defendant was convicted;

15. The term of sentence;

16. The date judgment is entered;

17. The date sentence is imposed;

18. The date sentence is to commence and any credit for time served;

19. The terms of any order entered pursuant to Article 42.08 of this code that the defendant's sentence is to run cumulatively or concurrently with another sentence or sentences;

20. The terms of any plea bargain;

21. Affirmative findings entered pursuant to Subdivision (2) of Subsection (a) of Section 3g of Article 42.12 of this code;

22. The terms of any fee payment ordered under Article 42.151 of this code;

23. The defendant's thumbprint taken in accordance with Article 38.33 of this code;

24. In the event that the judge orders the defendant to repay a reward or part of a reward under Articles 37.073 and 42.152 of this code, a statement of the amount of the payment or payments required to be made;

25. In the event that the court orders restitution to be paid to the victim, a statement of the amount of restitution ordered and:

(A) the name of the victim and the permanent mailing address of the victim at the time of the judgment; or

(B) if the court determines that the inclusion of the victim's name and address in the judgment is not in the best interest of the victim, the name and address of a person or agency that will accept and forward restitution payments to the victim;

26. In the event that a presentence investigation is required by Section 9(a), [(b),] (h), or (i), Article 42.12 of this code, a statement that the presentence investigation was done according to the applicable provision;

27. In the event of conviction of an offense for which registration as a sex offender is required under Chapter 62, a statement that the registration requirement of that chapter applies to the defendant and a statement of the age of the victim of the offense;

28. In the event of conviction of an offense for which registration as a DWI offender is required under Chapter 66, a statement that the registration requirement of that chapter applies to the defendant;

29. The defendant's state identification number required by Article [Section] 60.052(a)(2), if that number has been assigned at the time of the judgment; and

30 [29]. The incident number required by Article [Section] 60.052(a)(4), if that number has been assigned at the time of the judgment.

SECTION 4. Chapter 42, Code of Criminal Procedure, is amended by adding Article 42.0161 to read as follows:

Art. 42.0161. SPECIAL DRIVER'S LICENSE OR IDENTIFICATION REQUIREMENTS FOR CERTAIN DWI OFFENDERS. If a person is convicted of, receives a grant of deferred adjudication for, or is adjudicated as having engaged in delinquent conduct based on a violation of an offense for which a conviction or adjudication requires registration as a DWI offender under Chapter 66, the court shall:

(1) issue an order requiring the Texas Department of Public Safety to include in any driver's license record or personal identification certificate record maintained by the department for the person an indication that the person is subject to the registration requirements of Chapter 66;

(2) require the person to apply to the Texas Department of Public Safety in person for an original or renewal driver's license, if eligible for the license, or an original or renewal personal identification certificate not later than the 30th day after the date the person is released or the date the department sends written notice to the person of the requirements of Article 66.057, as applicable, and to annually renew the license or certificate;

(3) notify the person of the consequence of the conviction or order of deferred adjudication as it relates to the order issued under this article; and

(4) send to the Texas Department of Public Safety a copy of the record of conviction, a copy of the order granting deferred adjudication, or a copy of the juvenile adjudication, as applicable, and a copy of the order issued under this article.

SECTION 5. Section 13, Article 42.12, Code of Criminal Procedure, is amended by adding Subsection (o) to read as follows:

(o) A judge granting community supervision to a defendant required to register as a DWI offender under Chapter 66 shall require that the defendant, as a condition of community supervision, register under that chapter.

SECTION 6. Subchapter A, Chapter 102, Code of Criminal Procedure, is amended by adding Article 102.0183 to read as follows:

Art. 102.0183. ADDITIONAL COSTS ATTENDANT TO INTOXICATION CONVICTIONS: DWI OFFENDER REGISTRY. (a) In addition to the costs on conviction imposed by this chapter, a person convicted of an offense for which registration as a DWI offender is required under Chapter 66 shall pay $150 on conviction of the offense.

(b) In this article, a defendant is considered convicted if:

(1) a sentence is imposed on the defendant; or

(2) the defendant is placed on community supervision, including deferred adjudication community supervision.

(c) Costs imposed under this article are collected in the same manner as other costs collected under Section 133.102, Local Government Code.

(d) The officer collecting the costs under this article shall keep separate records of the money collected and shall pay the money to the custodian of the county treasury.

(e) The custodian of the county treasury shall:

(1) keep records of the amount of money collected under this article that is deposited with the treasury under this article; and

(2) not later than the last day of the first month following each calendar quarter:

(A) pay the money collected under this article during the preceding calendar quarter to the comptroller; or

(B) if, in the calendar quarter, the custodian of the county treasury did not receive any money attributable to costs paid under this article, file a report with the comptroller stating that fact.

(f) The comptroller shall deposit the funds received under this article to the credit of the account established under Subchapter G, Chapter 66.

SECTION 7. Section 51.072(f), Family Code, is amended to read as follows:

(f) Not later than 10 business days after a receiving county has agreed to provide interim supervision of a child, the juvenile probation department of the sending county shall provide the juvenile probation department of the receiving county with a copy of the following documents:

(1) the petition and the adjudication and disposition orders for the child, including the child's thumbprint;

(2) the child's conditions of probation;

(3) the social history report for the child;

(4) any psychological or psychiatric reports concerning the child;

(5) the Department of Public Safety CR 43J form or tracking incident number concerning the child;

(6) any law enforcement incident reports concerning the offense for which the child is on probation;

(7) any sex offender registration information concerning the child;

(7-a) any DWI offender registration information concerning the child;

(8) any juvenile probation department progress reports concerning the child and any other pertinent documentation for the child's probation officer;

(9) case plans concerning the child;

(10) the Texas Juvenile Probation Commission standard assessment tool results for the child;

(11) the computerized referral and case history for the child, including case disposition;

(12) the child's birth certificate;

(13) the child's social security number or social security card, if available;

(14) the name, address, and telephone number of the contact person in the sending county's juvenile probation department;

(15) Title IV-E eligibility screening information for the child, if available;

(16) the address in the sending county for forwarding funds collected to which the sending county is entitled;

(17) any of the child's school or immunization records that the juvenile probation department of the sending county possesses; and

(18) any victim information concerning the case for which the child is on probation.

SECTION 8. Section 54.051, Family Code, is amended by adding Subsections (j) and (k) to read as follows:

(j) If the juvenile court places the child on probation for an offense for which registration as a DWI offender is required by Chapter 66, Code of Criminal Procedure, and defers the registration requirement until completion of treatment for substance abuse under Subchapter F, Chapter 66, Code of Criminal Procedure, the authority under that chapter to reexamine the need for registration on completion of treatment is transferred to the court to which probation is transferred.

(k) If the juvenile court places the child on probation for an offense for which registration as a DWI offender is required by Chapter 66, Code of Criminal Procedure, and the child registers, the authority of the court to excuse further compliance with the registration requirement under Subchapter F, Chapter 66, Code of Criminal Procedure, is transferred to the court to which probation is transferred.

SECTION 9. Section 58.202, Family Code, is amended to read as follows:

Sec. 58.202. EXEMPTED RECORDS. The following records are exempt from this subchapter:

(1) sex offender registration records maintained by the department or a local law enforcement agency under Chapter 62, Code of Criminal Procedure; [and]

(2) DWI offender registration records maintained by the department or a local law enforcement agency under Chapter 66, Code of Criminal Procedure; and

(3) records relating to a criminal combination or criminal street gang maintained by the department or a local law enforcement agency under Chapter 61, Code of Criminal Procedure.

SECTION 10. Subchapter C, Chapter 102, Government Code, is amended by adding Section 102.0413 to read as follows:

Sec. 102.0413. DWI OFFENDER REGISTRY FEE ON CONVICTION IN DISTRICT COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a district court shall collect from a defendant a $150 court cost under Article 102.0183, Code of Criminal Procedure, on conviction of an offense for which registration as a DWI offender is required under Chapter 66, Code of Criminal Procedure.

SECTION 11. Subchapter D, Chapter 102, Government Code, is amended by adding Section 102.0613 to read as follows:

Sec. 102.0613. DWI OFFENDER REGISTRY FEE ON CONVICTION IN STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a statutory county court shall collect from a defendant a $150 court cost under Article 102.0183, Code of Criminal Procedure, on conviction of an offense for which registration as a DWI offender is required under Chapter 66, Code of Criminal Procedure.

SECTION 12. Subchapter E, Chapter 102, Government Code, is amended by adding Section 102.0813 to read as follows:

Sec. 102.0813. DWI OFFENDER REGISTRY FEE ON CONVICTION IN COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a county court shall collect from a defendant a $150 court cost under Article 102.0183, Code of Criminal Procedure, on conviction of an offense for which registration as a DWI offender is required under Chapter 66, Code of Criminal Procedure.

SECTION 13. Section 411.088(b), Government Code, is amended to read as follows:

(b) The department may not charge for processing an electronic inquiry for information described as public information under Article 62.005 or 66.005, Code of Criminal Procedure, made through the use of the Internet.

SECTION 14. Subchapter F, Chapter 508, Government Code, is amended by adding Section 508.1861 to read as follows:

Sec. 508.1861. DWI OFFENDER REGISTRATION. A parole panel shall require as a condition of parole or mandatory supervision that a releasee required to register as a DWI offender under Chapter 66, Code of Criminal Procedure, register under that chapter.

SECTION 15. Section 508.313(e), Government Code, is amended to read as follows:

(e) This section does not apply to information relating to:

(1) a sex offender that is authorized for release under Chapter 62, Code of Criminal Procedure; or

(2) a DWI offender that is authorized for release under Chapter 66, Code of Criminal Procedure.

SECTION 16. Subchapter C, Chapter 521, Transportation Code, is amended by adding Section 521.0571 to read as follows:

Sec. 521.0571. INFORMATION REGARDING CERTAIN DWI OFFENDERS. (a) On receipt of a court order issued under Article 42.0161, Code of Criminal Procedure, the department shall ensure that any driver's license record or personal identification certificate record maintained by the department for the person includes an indication that the person is subject to the registration requirements of Chapter 66, Code of Criminal Procedure.

(b) The department shall include the indication required by Subsection (a) in any driver's license record or personal identification certificate record maintained by the department for the person until the expiration of the person's duty to register under Chapter 66, Code of Criminal Procedure.

SECTION 17. Subchapter E, Chapter 521, Transportation Code, is amended by adding Section 521.1031 to read as follows:

Sec. 521.1031. EXPIRATION AND RENEWAL REQUIREMENTS FOR CERTAIN DWI OFFENDERS. (a) The department may issue an original or renewal personal identification certificate to a person whose driver's license or personal identification certificate record indicates that the person is subject to the registration requirements of Chapter 66, Code of Criminal Procedure, only if the person:

(1) applies in person for the issuance of a certificate under this section; and

(2) pays a fee of $25.

(b) A personal identification certificate issued under this section or a duplicate or corrected certificate expires on the first birthday of the certificate holder occurring after the date of application, except that the initial certificate issued under this section expires on the second birthday of the certificate holder occurring after the date of application.

SECTION 18. Subchapter M, Chapter 521, Transportation Code, is amended by adding Section 521.2721 to read as follows:

Sec. 521.2721. RENEWAL OF LICENSE ISSUED TO CERTAIN DWI OFFENDERS. (a) The department may issue an original or renewal driver's license to a person whose driver's license or personal identification certificate record indicates that the person is subject to the registration requirements of Chapter 66, Code of Criminal Procedure, only if the person:

(1) applies in person for the issuance of a license under this section; and

(2) pays the fee required by Section 521.421(j).

(b) Notwithstanding Section 521.143, a person is not required to provide proof of financial responsibility to receive the person's initial driver's license under this section.

(c) Notwithstanding Section 521.271, a driver's license issued under this section or a duplicate or corrected license expires on the first birthday of the license holder occurring after the date of application, except that the initial license issued under this section expires on the second birthday of the license holder occurring after the date of application. This subsection does not apply to:

(1) a provisional license;

(2) an instruction permit issued under Section 521.222; or

(3) a hardship license issued under Section 521.223.

SECTION 19. Section 521.274(b), Transportation Code, is amended to read as follows:

(b) A rule adopted under this section:

(1) may prescribe eligibility standards for renewal under this section;

(2) may not permit a person subject to the registration requirements under Chapter 62 or 66, Code of Criminal Procedure, to register by mail or electronic means; and

(3) may not permit renewal by mail or electronic means of a driver's license of a person who is 79 years of age or older.

SECTION 20. Subchapter O, Chapter 521, Transportation Code, is amended by adding Section 521.3481 to read as follows:

Sec. 521.3481. AUTOMATIC REVOCATION FOR CERTAIN DWI OFFENDERS. (a) A driver's license is automatically revoked if the holder of the license:

(1) is subject to the registration requirements of Chapter 66, Code of Criminal Procedure; and

(2) fails to apply to the department for renewal of the license as required by Article 66.057, Code of Criminal Procedure.

(b) The department may issue a driver's license to a person whose license is revoked under this section only if the person:

(1) applies for an original or renewal license under Section 521.2721; and

(2) is otherwise qualified for the license.

SECTION 21. Section 521.421, Transportation Code, is amended by adding Subsection (j) to read as follows:

(j) The fee for issuance or renewal of a driver's license, a provisional license, an instruction permit, or a hardship license issued to a person subject to the registration requirements under Chapter 66, Code of Criminal Procedure, is $25.

SECTION 22. Section 521.422(a), Transportation Code, is amended to read as follows:

(a) The fee for a personal identification certificate is:

(1) $15 for a person under 60 years of age;

(2) $5 for a person 60 years of age or older; [and]

(3) $20 for a person subject to the registration requirements under Chapter 62, Code of Criminal Procedure; and

(4) $25 for a person subject to the registration requirements under Chapter 66, Code of Criminal Procedure.

SECTION 23. Subchapter C, Chapter 522, Transportation Code, is amended by adding Section 522.0331 to read as follows:

Sec. 522.0331. COMMERCIAL DRIVER'S LICENSE ISSUED TO CERTAIN DWI OFFENDERS. (a) The department may issue an original or renewal commercial driver's license or commercial driver learner's permit to a person whose driver's license or personal identification certificate record indicates that the person is subject to the registration requirements of Chapter 66, Code of Criminal Procedure, only if the person is otherwise eligible for the commercial driver's license or commercial driver learner's permit and:

(1) applies in person for the issuance of a license or permit under this section; and

(2) pays a fee of $25.

(b) Notwithstanding Section 522.051, a commercial driver's license or commercial driver learner's permit issued under this section, including a renewal, duplicate, or corrected license, expires on the first birthday of the license holder occurring after the date of application, except that the initial license issued under this section expires on the second birthday of the license holder occurring after the date of application.

SECTION 24. The Department of Public Safety shall create the central database required by Article 66.005, Code of Criminal Procedure, as added by this Act, not later than January 1, 2010.

SECTION 25. Article 42.01, Code of Criminal Procedure, as amended by this Act, applies only to a judgment entered by a court on or after the effective date of this Act. A judgment entered by a court before the effective date of this Act is governed by the law in effect when the judgment was entered, and the former law is continued in effect for that purpose.

SECTION 26. Section 13(o), Article 42.12, Code of Criminal Procedure, as added by this Act, applies only to a defendant placed on community supervision on or after the effective date of this Act. A defendant placed on community supervision before the effective date of this Act is governed by the law in effect on the date the defendant was placed on community supervision, and the former law is continued in effect for that purpose.

SECTION 27. Section 508.1861, Government Code, as added by this Act, applies only to an inmate released on parole or to mandatory supervision on or after the effective date of this Act. An inmate released before the effective date of this Act is governed by the law in effect on the date the inmate is released, and the former law is continued in effect for that purpose.

SECTION 28. This Act takes effect January 1, 2010.