By: Raymond H.B. No. 133
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the dissemination of criminal history record
  information by the Department of Public Safety concerning the
  offense of intoxication manslaughter and to a task force to reduce
  habitual driving while intoxicated.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 411.135(a), Government Code, is amended
  to read as follows:
         (a)  Any person is entitled to obtain from the department:
               (1)  any information described as public information
  under Chapter 62, Code of Criminal Procedure, [as added by Chapter
  668, Acts of the 75th Legislature, Regular Session, 1997,]
  including, to the extent available, a recent photograph of each
  person subject to registration under that chapter; [and]
               (2)  criminal history record information maintained by
  the department that relates to the conviction of or a grant of
  deferred adjudication to a person for any criminal offense,
  including arrest information that relates to the conviction or
  grant of deferred adjudication; and
               (3)  any information described as public information
  under Section 411.1356(a).
         SECTION 2.  Subchapter F, Chapter 411, Government Code, is
  amended by adding Sections 411.1356 and 411.1357 to read as
  follows:
         Sec. 411.1356.  PUBLIC ACCESS TO CRIMINAL HISTORY RECORD
  INFORMATION CONCERNING OFFENSE OF INTOXICATION MANSLAUGHTER. (a)  
  Criminal history record information that concerns a person's
  conviction within the preceding 10-year period for an offense under
  Section 49.08, Penal Code, is public information, with the
  exception of:
               (1)  any information regarding the person's social
  security number, driver's license number, or telephone number; and
               (2)  any information that would identify a victim of
  the offense.
         (b)  The department shall implement and maintain an Internet
  website to allow any person, free of charge, to electronically
  search for and receive information described by Subsection (a).  
  The website must be searchable by zip code, city, county, or the
  name of the person convicted.  The search results must include for
  each person convicted:
               (1)  the person's full name and last known address; and
               (2)  a recent photograph of the person, if a photograph
  is available to the department.
         (b-1)  The department shall provide written notice to the
  convicted person not later than the 10th day after the day on which
  the department places the person's name on the Internet website
  described by Subsection (b).
         (c)  The department shall remove the criminal history record
  information concerning a person's conviction for an offense under
  Section 49.08, Penal Code, from the Internet website as soon as
  practicable after the earliest of:
               (1)  the 10th anniversary of the date of the
  conviction;
               (2)  the date on which the conviction is reversed on
  appeal; or
               (3)  the date on which an order of expunction is entered
  with respect to records and files in the case.
         Sec. 411.1357.  CRIMINAL HISTORY RECORD INFORMATION
  CONCERNING OFFENSE OF INTOXICATION MANSLAUGHTER PROVIDED TO PEACE
  OFFICER ON REQUEST.  (a)  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 may be
  provided any criminal history record information maintained by the
  department concerning a conviction of the person to whom the
  license, certificate, or plate is issued for an offense under
  Section 49.08, Penal Code, within the preceding 10-year period.
         (b)  The procedure established under Subsection (a) must
  allow a peace officer to request the information from the location
  of a motor vehicle stop and to receive a response to the request
  within the duration of a reasonable motor vehicle stop.
         SECTION 3.  Subtitle B, Title 4, Government Code, is amended
  by adding Chapter 423 to read as follows:
  CHAPTER 423.  TASK FORCE TO REDUCE HABITUAL INCIDENTS OF DRIVING
  WHILE INTOXICATED
         Sec. 423.001.  DEFINITION. In this chapter, "offense
  relating to the operating of a motor vehicle while intoxicated" has
  the meaning assigned by Section 49.09(c), Penal Code.
         Sec. 423.002.  TASK FORCE COMPOSITION. The Task Force to
  Reduce Habitual Incidents of Driving While Intoxicated is composed
  of 12 members appointed as follows:
               (1)  six members appointed by the governor:
                     (A)  one of whom is a judge from a specialty court;
                     (B)  one of whom has expertise in specialty courts
  designed to address addiction;
                     (C)  one of whom has been charged with or
  convicted of an offense relating to the operating of a motor vehicle
  while intoxicated;
                     (D)  one of whom has been a victim of an offense
  relating to the operating of a motor vehicle while intoxicated;
                     (E)  one of whom has expertise in criminal
  justice; and
                     (F)  one of whom has expertise in best practice
  substance abuse treatment;
               (2)  three members appointed by the lieutenant
  governor:
                     (A)  one of whom is a prosecuting attorney;
                     (B)  one of whom is a public defense attorney; and
                     (C)  one of whom is a university scholar with
  expertise in substance abuse treatment; and
               (3)  three members appointed by the speaker of the
  house of representatives:
                     (A)  one of whom is a state representative;
                     (B)  one of whom is a state senator; and
                     (C)  one of whom is appropriately qualified as
  determined by the speaker.
         Sec. 423.003.  APPOINTMENT OF PRESIDING OFFICER. The
  governor shall designate a member of the task force to serve as
  presiding officer.
         Sec. 423.004.  DUTIES. (a) The task force shall:
               (1)  study the best practice responses to habitual
  offenses relating to the operating of a motor vehicle while
  intoxicated, for purposes of reducing habitual incidents of those
  offenses and incidents of driving fatalities among intoxicated
  drivers;
               (2)  examine first-time, repeat, and habitual driving
  while intoxicated data collected in this state, including data
  relating to:
                     (A)  driving fatalities involving intoxicated
  drivers; and
                     (B)  automatic driver's license suspensions by
  the Department of Public Safety for convictions of an offense
  relating to the operating of a motor vehicle while intoxicated;
               (3)  monitor other states for laws and programs that
  have been successful in reducing the occurrence of offenses
  relating to the operating of a motor vehicle while intoxicated in
  those states; and
               (4)  confer with the Texas Department of
  Transportation, the Department of Public Safety, the Texas
  Department of Criminal Justice, and the Department of State Health
  Services to reduce alcoholism, recidivism, and the occurrence of
  offenses relating to the operating of a motor vehicle while
  intoxicated in this state.
         (b)  Not later than December 1, 2014, the task force shall
  submit a report to the governor, the lieutenant governor, and the
  speaker of the house of representatives that:
               (1)  describes its findings, including the success of
  state laws and programs in reducing the occurrence of offenses
  relating to the operating of a motor vehicle while intoxicated;
               (2)  recommends best practice responses to habitual
  driving while intoxicated; and
               (3)  recommends legislation relating to the prevention
  of offenses relating to the operating of a motor vehicle while
  intoxicated in this state.
         (c)  The Texas Legislative Council and the Legislative
  Budget Board shall assist the task force in performing its duties.
         Sec. 423.005.  EXPIRATION. The task force is abolished and
  this chapter expires January 1, 2015.
         SECTION 4.  Not later than May 1, 2014, the Department of
  Public Safety shall implement the Internet website required under
  Section 411.1356, Government Code, as added by this Act, and shall
  make available to a requesting person the information described by
  Section 411.1356 or 411.1357, Government Code, as added by this
  Act.
         SECTION 5.  The governor, lieutenant governor, and speaker
  of the house of representatives shall make the appointments to the
  Task Force to Reduce Habitual Incidents of Driving While
  Intoxicated required by Chapter 423, Government Code, as added by
  this Act, as soon as practicable after the effective date of this
  Act.
         SECTION 6.  This Act takes effect September 1, 2013.