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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. The heading to
Section 30.010, Civil Practice and Remedies Code, is amended.
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SECTION 1. Same as introduced
version.
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SECTION 2. Sections
30.010(a) and (b), Civil Practice and Remedies Code, are amended.
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SECTION 2. Same as introduced
version.
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SECTION 3. Article 2.13,
Code of Criminal Procedure, is amended.
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SECTION 3. Same as introduced
version.
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SECTION 4. Article 17.03,
Code of Criminal Procedure, is amended.
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SECTION 4. Same as introduced
version.
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SECTION 5. Article
42A.454(a), Code of Criminal Procedure, is amended to read as follows:
(a) This article applies
only to a defendant who is required to register as a sex offender under
Chapter 62, by court order or otherwise, and:
(1) is convicted of or
receives a grant of deferred adjudication community supervision for a
violation of Section 21.11, 22.011(a)(2), 22.021(a)(1)(B), 33.021, or
43.25, Penal Code;
(2) used the Internet or any
other type of electronic device used for Internet access to commit the
offense or engage in the conduct for which the person is required to
register under Chapter 62; or
(3) is assigned a numeric
risk level of three based on an assessment conducted using the sex
offender screening tool adopted under Article 62.007.
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No
equivalent provision.
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SECTION 6. Article 62.202,
Code of Criminal Procedure, is amended by amending Subsection (a) and
adding Subsection (a-1) to read as follows:
(a) Notwithstanding Article
62.058, if an individual subject to registration under this chapter is civilly
committed as a sexually violent predator, the person shall report to the
local law enforcement authority designated as the person's primary
registration authority by the department to verify the information in
the registration form maintained by the authority for that person as
follows:
(1) if the person resides
at a civil commitment center, not less than once each year on or after the 30th day before the
anniversary of the person's date of birth but before the 31st day after
that date; or
(2) if the person does
not reside at a civil commitment center, not less than once in each
30-day period following:
(A) the date the
person first registered under this chapter; or
(B) if applicable, the
date the person moved from the center [to verify the information in
the registration form maintained by the authority for that person].
(a-1) For purposes of
Subsection (a)(2) [this subsection], a person complies with a
requirement that the person register within a 30-day period following a
date if the person registers at any time on or after the 27th day following
that date but before the 33rd day after that date.
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SECTION 5. Article 62.202,
Code of Criminal Procedure, is amended by amending Subsection (a) and
adding Subsection (a-1) to read as follows:
(a) Notwithstanding Article
62.058, if an individual subject to registration under this chapter is
civilly committed as a sexually violent predator, the person shall report
to the local law enforcement authority designated as the person's primary
registration authority by the department to verify the information in
the registration form maintained by the authority for that person as
follows:
(1) if the person resides
at a civil commitment center, not less than once each year;
or
(2) if the person does
not reside at a civil commitment center, not less than once in each
30-day period following:
(A) the date the
person first registered under this chapter; or
(B) if applicable, the
date the person moved from the center [to verify the information in
the registration form maintained by the authority for that person].
(a-1) For purposes of
Subsection (a)(2) [this subsection], a person complies with a
requirement that the person register within a 30-day period following a
date if the person registers at any time on or after the 27th day following
that date but before the 33rd day after that date.
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SECTION 7. Subchapter E,
Chapter 62, Code of Criminal Procedure, is amended by adding Article
62.2021 to read as follows:
Art. 62.2021.
REQUIREMENTS RELATING TO DRIVER'S LICENSE OR PERSONAL IDENTIFICATION
CERTIFICATE FOR INDIVIDUALS SUBJECT TO COMMITMENT. (a) Notwithstanding
Article
62.060(b), a person
subject to registration who is civilly committed as a sexually violent
predator and resides at a civil commitment center shall renew the person's
department-issued driver's license or personal identification certificate
as prescribed by Section 521.103, 521.272, or 522.033, Transportation Code,
as applicable.
(b) On the date that a
person described by Subsection (a) no longer resides at a civil commitment
center or has been released by a court
from all requirements of the civil commitment process:
(1) the person's duty to renew a driver's license or personal
identification certificate is no longer imposed by this article; and
(2) the person is
required to renew a driver's license or personal identification certificate
as provided by Article 62.060(b).
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SECTION 6. Subchapter E,
Chapter 62, Code of Criminal Procedure, is amended by adding Article
62.2021 to read as follows:
Art. 62.2021.
REQUIREMENTS RELATING TO DRIVER'S LICENSE OR PERSONAL IDENTIFICATION
CERTIFICATE: INDIVIDUALS RESIDING AT CIVIL COMMITMENT CENTER. (a)
Notwithstanding Article 62.060(b), a person subject to registration who is
civilly committed as a sexually violent predator and resides at a civil
commitment center shall renew the person's department-issued driver's
license or personal identification certificate as prescribed by Section
521.103, 521.272, or 522.033, Transportation Code, as applicable.
(b) On the date that a
person described by Subsection (a) no longer resides at a civil commitment
center,
the person is required to
renew a driver's license or personal identification certificate only as provided by Article 62.060(b).
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SECTION 8. Section 411.0765(b),
Government Code, is amended.
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SECTION 7. Same as introduced
version.
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SECTION 9. Sections
411.1389(a) and (c), Government Code, are amended.
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SECTION 8. Same as introduced
version.
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SECTION 10. Section
420A.002(c), Government Code, is amended.
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SECTION 9. Same as introduced
version.
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SECTION 11. Section
420A.003, Government Code, is amended.
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SECTION 10. Same as
introduced version.
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SECTION 12. Section
420A.011, Government Code, is amended.
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SECTION 11. Same as
introduced version.
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SECTION 13. Chapter 420A,
Government Code, is amended by adding Section 420A.012 to read as follows:
Sec. 420A.012. RULES.
The board may adopt rules as necessary to enable the office to perform the
office's duties under this subchapter.
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No
equivalent provision.
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SECTION 14. Section
508.1861(a), Government Code, is amended to read as follows:
(a) This section applies
only to a person who, on release, will be required to register as a sex
offender under Chapter 62, Code of Criminal Procedure, by court order or
otherwise, and:
(1) is serving a sentence
for an offense under Section 21.11, 22.011(a)(2), 22.021(a)(1)(B), 33.021,
or 43.25, Penal Code;
(2) used the Internet or any
other type of electronic device used for Internet access to commit the
offense or engage in the conduct for which the person is required to
register under Chapter 62, Code of Criminal Procedure; or
(3) is assigned a numeric
risk level of two or three based on an assessment conducted using the
sex offender screening tool adopted under Article 62.007, Code of
Criminal Procedure.
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No
equivalent provision.
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SECTION 15. Section
552.117(a), Government Code, is amended.
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SECTION 12. Same as
introduced version.
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SECTION 16. The heading to
Section 552.1175, Government Code, is amended.
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SECTION 13. Same as
introduced version.
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SECTION 17. Section
552.1175(a), Government Code, is amended.
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SECTION 14. Same as
introduced version.
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SECTION 18. Section
572.032(a-1), Government Code, is amended.
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SECTION 15. Same as
introduced version.
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SECTION 19. Section
841.082(a), Health and Safety Code, is amended to read as follows:
(a) Before entering an order
directing a person's civil commitment, the judge shall impose on the person
requirements necessary to ensure the person's compliance with treatment and
supervision and to protect the community. The requirements shall include:
(1) requiring the person to
reside where instructed by the office;
(2) prohibiting the person's
contact with a victim of the person;
(3) requiring the person's
participation in and compliance with the sex offender treatment program
provided by the office and compliance with all written requirements imposed
by the office;
(4) requiring the person to[:
[(A)] submit to
tracking under a particular type of tracking service and to [any] other appropriate supervision[;]
and to
[(B)] refrain from
tampering with, altering, modifying, obstructing, removing, or
manipulating the tracking equipment, if the person:
(A) while residing at a
civil commitment center, leaves the center for any reason;
(B) is in one of the two
most restrictive tiers of treatment, as determined by the office;
(C) is on disciplinary
status, as determined by the office; or
(D) resides in the
community; and
(5) prohibiting the person
from leaving the state without prior authorization from the office.
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SECTION 16. Sections
841.082(a), (d), and (e), Health and Safety Code, are amended to read as
follows:
(a) Before entering an order
directing a person's civil commitment, the judge shall impose on the person
requirements necessary to ensure the person's compliance with treatment and
supervision and to protect the community. The requirements shall include:
(1) requiring the person to
reside where instructed by the office;
(2) prohibiting the person's
contact with a victim of the person;
(3) requiring the person's
participation in and compliance with the sex offender treatment program
provided by the office and compliance with all written requirements imposed
by the office;
(4) requiring the person to submit to appropriate supervision and:
(A) submit to tracking under
a particular type of tracking service,
if the person:
(i) while residing at a
civil commitment center, leaves the center for any reason;
(ii) is in one of the two
most restrictive tiers of treatment, as determined by the office;
(iii) is on disciplinary
status, as determined by the office; or
(iv) resides in the
community [and to any
other appropriate supervision]; and
(B) if required to submit to tracking under Paragraph
(A), refrain from tampering with, altering, modifying,
obstructing, removing, or manipulating the tracking equipment; and
(5) prohibiting the person
from leaving the state without prior authorization from the office.
(d)
The committing court retains jurisdiction of the case with respect
to a proceeding conducted under this subchapter, other than a criminal
proceeding involving an offense under Section 841.085, or to a civil
commitment proceeding conducted under Subchapters F and G.
(e)
The requirements imposed under Subsection (a) may be modified by the
committing court at any time after notice to each affected party to the
proceedings and a hearing.
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SECTION 20. Section
841.0832(b), Health and Safety Code, is amended.
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SECTION 17. Same as introduced
version.
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SECTION 21. Section
841.0833, Health and Safety Code, is amended.
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SECTION 18. Same as
introduced version.
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SECTION 22. Section
841.0834, Health and Safety Code, is amended.
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SECTION 19. Same as
introduced version.
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SECTION 23. Section 841.0836,
Health and Safety Code, is amended.
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SECTION 20. Same as
introduced version.
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SECTION 24. Subchapter E,
Chapter 841, Health and Safety Code, is amended by adding Sections 841.0837
and 841.0838 to read as follows:
Sec. 841.0837. EMERGENCY DETENTION
ORDER. (a) In this section, "peace officer" has the meaning
assigned by Article 2.12, Code of Criminal Procedure.
(b) For the purpose of
returning a committed person to a more restrictive setting following a
transfer to less restrictive housing and supervision under Section 841.0834
or a release under Section 841.0836, the office may issue an emergency
detention order for the person's immediate apprehension and transportation
to a location designated by the office.
Sec. 841.0838. USE OF
RESTRAINTS. (a) An employee of the office, or a person who contracts with
the office or an employee of that person, may use mechanical or chemical
restraints on a committed person residing in a civil commitment center or
while transporting a committed person who resides at the center only if:
(1) the employee or
person completes a training program approved by the office on the use of
restraints that:
(A) includes instruction
on the office's approved restraint techniques and devices and the office's
verbal de-escalation policies, procedures, and practices; and
(B) requires the employee
or person to demonstrate competency in the use of the restraint techniques
and devices; and
(2) the restraint is:
(A) used as a last
resort;
(B) necessary to prevent:
(i) imminent physical
injury to the committed person or another;
(ii) serious property damage; or
(iii) an escape from the
center; and
(C) the least restrictive
restraint necessary, used for the minimum duration necessary, to prevent
the injury, property damage, or
escape.
(b) The office shall
develop procedures governing the use of mechanical or chemical restraints
on committed persons.
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SECTION 21. Subchapter E,
Chapter 841, Health and Safety Code, is amended by adding Sections 841.0837
and 841.0838 to read as follows:
Sec. 841.0837. EMERGENCY
DETENTION ORDER. (a) In this section, "peace officer" has the
meaning assigned by Article 2.12, Code of Criminal Procedure.
(b) For the purpose of
returning a committed person to a more restrictive setting following a
transfer to less restrictive housing and supervision under Section 841.0834
or a release under Section 841.0836, the office may issue an emergency
detention order for the person's immediate apprehension and transportation
to a location designated by the office.
Sec. 841.0838. USE OF
RESTRAINTS. (a) An employee of the office, or a person who contracts with
the office or an employee of that person, may use mechanical or chemical
restraints on a committed person residing in a civil commitment center or
while transporting a committed person who resides at the center only if:
(1) the employee or
person completes a training program approved by the office on the use of
restraints that:
(A) includes instruction
on the office's approved restraint techniques and devices and the office's
verbal de-escalation policies, procedures, and practices; and
(B) requires the employee
or person to demonstrate competency in the use of the restraint techniques
and devices; and
(2) the restraint is:
(A) used as a last
resort;
(B) necessary to stop or prevent:
(i) imminent physical
injury to the committed person or another;
(ii) threatening behavior by the committed person while the
person is using or exhibiting a weapon;
(iii) a disturbance by a group of committed persons; or
(iv) an absconsion from
the center; and
(C) the least restrictive
restraint necessary, used for the minimum duration necessary, to stop or prevent the injury, threatening behavior, disturbance, or
absconsion.
(b) The office shall
develop procedures governing the use of mechanical or chemical restraints
on committed persons.
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SECTION 25. Section
841.084(a), Health and Safety Code, is amended.
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SECTION 22. Same as
introduced version.
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No
equivalent provision.
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SECTION 23. Section 841.085,
Health and Safety Code, is amended by adding Subsection (c) to read as
follows:
(c) On request of the
local prosecuting attorney, the special prosecution unit may assist in the
trial of an offense under this section.
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SECTION 26. Section
841.151(c), Health and Safety Code, is amended.
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SECTION 24. Same as
introduced version.
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SECTION 27. Subchapter H,
Chapter 841, Health and Safety Code, is amended by adding Sections 841.152,
841.153, and 841.154 to read as follows:
Sec. 841.152. CERTAIN
HEARINGS BY CLOSED-CIRCUIT VIDEO TELECONFERENCING PERMITTED. (a)
Notwithstanding Section 841.103(c), on motion by the attorney representing
the state, the court shall require a committed person to appear via
closed-circuit video teleconferencing at a hearing on the modification of
civil commitment requirements under Section 841.082 or a hearing under
Subchapter F or G.
(b) A recording of a
hearing conducted as provided by Subsection (a) shall be made and preserved
with the court's record of the hearing.
Sec. 841.153. STATE-ISSUED
IDENTIFICATION; NECESSARY DOCUMENTATION. (a) On the release of a
committed person from a correctional facility, secure correctional
facility, or secure detention facility, as those terms are defined by
Section 841.151, the office shall:
(1) determine whether the
person has:
(A) a valid license
issued under Chapter 521 or 522, Transportation Code; or
(B) a valid personal
identification certificate issued under Chapter 521, Transportation Code;
and
(2) if the person does
not have a valid license or certificate described by Subdivision (1),
submit to the Department of Public Safety on behalf of the person a request
for the issuance of a personal identification certificate under Chapter
521, Transportation Code.
(b) The office shall
submit a request under Subsection (a)(2) as soon as practicable.
(c) The office, the
Department of Public Safety, and the vital statistics unit of the
Department of State Health Services by
rule shall adopt a memorandum of understanding that establishes
their respective responsibilities with respect to the issuance of a
personal identification certificate to a committed person, including
responsibilities related to verification of the person's identity. The
memorandum of understanding must require the Department of State Health
Services to electronically verify the birth record of a committed person
whose name and any other personal information is provided by the office and
to electronically report the recorded filing information to the Department
of Public Safety to validate the identity of a committed person under this
section.
(d) The office shall
reimburse the Department of Public Safety or the Department of State Health
Services, as applicable, for the actual costs incurred by those agencies in
performing responsibilities established under this section. The office may
charge a committed person for the actual costs incurred under this section
or for the fees required by Section 521.421, Transportation Code.
Sec. 841.154. RISK ASSESSMENT BEFORE RELEASE FROM COMMITMENT.
A court that orders a committed person to be released from civil commitment
shall:
(1) make a determination of the person's numeric risk level
using the sex offender screening tool developed or selected under Article
62.007, Code of Criminal Procedure; and
(2) ensure compliance with the notification and registration
requirements of Chapter 62, Code of Criminal Procedure.
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SECTION 25. Subchapter H,
Chapter 841, Health and Safety Code, is amended by adding Sections 841.152
and 841.153 to read as follows:
Sec. 841.152. CERTAIN
HEARINGS BY CLOSED-CIRCUIT VIDEO TELECONFERENCING PERMITTED. (a)
Notwithstanding Section 841.103(c), on motion by the attorney representing
the state, the court shall require a committed person to appear via closed-circuit
video teleconferencing at a hearing on the modification of civil commitment
requirements under Section 841.082 or a hearing under Subchapter F or G.
(b) A recording of a
hearing conducted as provided by Subsection (a) shall be made and preserved
with the court's record of the hearing.
Sec. 841.153.
STATE-ISSUED IDENTIFICATION; NECESSARY DOCUMENTATION. (a) On the release
of a committed person from a correctional facility, secure correctional
facility, or secure detention facility, as those terms are defined by
Section 841.151, the office shall:
(1) determine whether the
person has:
(A) a valid license
issued under Chapter 521 or 522, Transportation Code; or
(B) a valid personal
identification certificate issued under Chapter 521, Transportation Code;
and
(2) if the person does
not have a valid license or certificate described by Subdivision (1),
submit to the Department of Public Safety on behalf of the person a request
for the issuance of a personal identification certificate under Chapter
521, Transportation Code.
(b) The office shall
submit a request under Subsection (a)(2) as soon as practicable.
(c) The office, the
Department of Public Safety, and the vital statistics unit of the
Department of State Health Services
shall adopt a memorandum
of understanding that establishes their respective responsibilities with
respect to the issuance of a personal identification certificate to a
committed person, including responsibilities related to verification of the
person's identity. The memorandum of understanding must require the
Department of State Health Services to electronically verify the birth
record of a committed person whose name and any other personal information
is provided by the office and to electronically report the recorded filing
information to the Department of Public Safety to validate the identity of
a committed person under this section.
(d) The office shall
reimburse the Department of Public Safety or the Department of State Health
Services, as applicable, for the actual costs incurred by those agencies in
performing responsibilities established under this section. The office may
charge a committed person for the actual costs incurred under this section
or for the fees required by Section 521.421, Transportation Code.
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SECTION 28. Section 1.07(a),
Penal Code, is amended.
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SECTION 26. Same as
introduced version.
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SECTION 29. Section 22.01,
Penal Code, is amended.
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SECTION 27. Same as
introduced version.
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SECTION 30. The heading to
Section 22.11, Penal Code, is amended.
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SECTION 28. Same as
introduced version.
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SECTION 31. Sections
22.11(a) and (e), Penal Code, are amended.
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SECTION 29. Same as
introduced version.
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SECTION 32. The heading to
Section 38.11, Penal Code, is amended.
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SECTION 30. Same as
introduced version.
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SECTION 33. Sections
38.11(a), (b), (c), (d), (e), and (i), Penal Code, are amended to read as
follows:
(a) A person commits an
offense if the person provides, or possesses with the intent to provide:
(1) an alcoholic beverage,
controlled substance, or dangerous drug to a person in the custody of a
correctional facility or civil commitment facility, except on the
prescription of a practitioner;
(2) a deadly weapon to a
person in the custody of a correctional facility;
(3) a cellular telephone or
other wireless communications device or a component of one of those devices
to a person in the custody of a correctional facility;
(4) money to a person
confined in a correctional facility; or
(5) a cigarette or tobacco
product to a person confined in a correctional facility, except that if the
facility is a local jail regulated by the Commission on Jail Standards, the
person commits an offense only if providing the cigarette or tobacco
product violates a rule or regulation adopted by the sheriff or jail
administrator that:
(A) prohibits the possession
of a cigarette or tobacco product by a person confined in the jail; or
(B) places restrictions on:
(i) the possession of a
cigarette or tobacco product by a person confined in the jail; or
(ii) the manner in which a
cigarette or tobacco product may be provided to a person confined in the
jail.
(b) A person commits an
offense if the person takes an alcoholic beverage, controlled substance, or
dangerous drug into a correctional facility or civil commitment facility.
(c) A person commits an
offense if the person takes a controlled substance or dangerous drug on
property owned, used, or controlled by a correctional facility or civil
commitment facility.
(d) A person commits an
offense if the person:
(1) possesses a controlled
substance or dangerous drug while in a correctional facility or civil
commitment facility or on property owned, used, or controlled by a
correctional facility or civil commitment facility; or
(2) possesses a deadly weapon
while in a correctional facility.
(e) It is an affirmative
defense to prosecution under Subsection (b), (c), or (d)(1) that the person
possessed the alcoholic beverage, controlled substance, or dangerous drug
pursuant to a prescription issued by a practitioner or while delivering the
beverage, substance, or drug to a warehouse, pharmacy, or practitioner on
property owned, used, or controlled by the correctional facility or
civil commitment facility. It is an affirmative defense to prosecution
under Subsection (d)(2) that the person possessing the deadly weapon is a
peace officer or is an officer or employee of the correctional facility who
is authorized to possess the deadly weapon while on duty or traveling to or
from the person's place of assignment.
(i) It is an affirmative
defense to prosecution under Subsection (b) that the actor:
(1) is a duly authorized
member of the clergy with rights and privileges granted by an ordaining
authority that includes administration of a religious ritual or ceremony
requiring the presence or consumption of an alcoholic beverage; and
(2) takes four ounces or
less of an alcoholic beverage into a [the] correctional
facility and personally consumes all of the alcoholic beverage or departs
from the facility with any portion of the beverage not consumed.
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SECTION 31. Sections
38.11(a), (b), (c), (d), (e), and (i), Penal Code, are amended to read as
follows:
(a) A person commits an
offense if the person provides, or possesses with the intent to provide:
(1) an alcoholic beverage,
controlled substance, or dangerous drug to a person in the custody of a
correctional facility or civil commitment facility, except on the
prescription of a practitioner;
(2) a deadly weapon to a
person in the custody of a correctional facility or civil commitment facility;
(3) a cellular telephone or
other wireless communications device or a component of one of those devices
to a person in the custody of a correctional facility;
(4) money to a person
confined in a correctional facility; or
(5) a cigarette or tobacco
product to a person confined in a correctional facility, except that if the
facility is a local jail regulated by the Commission on Jail Standards, the
person commits an offense only if providing the cigarette or tobacco
product violates a rule or regulation adopted by the sheriff or jail
administrator that:
(A) prohibits the possession
of a cigarette or tobacco product by a person confined in the jail; or
(B) places restrictions on:
(i) the possession of a
cigarette or tobacco product by a person confined in the jail; or
(ii) the manner in which a
cigarette or tobacco product may be provided to a person confined in the
jail.
(b) A person commits an
offense if the person takes an alcoholic beverage, controlled substance, or
dangerous drug into a correctional facility or civil commitment facility.
(c) A person commits an
offense if the person takes a controlled substance or dangerous drug on
property owned, used, or controlled by a correctional facility or civil
commitment facility.
(d) A person commits an
offense if the person:
(1) possesses a controlled
substance or dangerous drug while in a correctional facility or civil
commitment facility or on property owned, used, or controlled by a
correctional facility or civil commitment facility; or
(2) possesses a deadly
weapon while in a correctional facility or
civil commitment facility.
(e) It is an affirmative
defense to prosecution under Subsection (b), (c), or (d)(1) that the person
possessed the alcoholic beverage, controlled substance, or dangerous drug
pursuant to a prescription issued by a practitioner or while delivering the
beverage, substance, or drug to a warehouse, pharmacy, or practitioner on
property owned, used, or controlled by the correctional facility or
civil commitment facility. It is an affirmative defense to prosecution
under Subsection (d)(2) that the person possessing the deadly weapon is a
peace officer or is an officer or employee of the correctional facility or civil commitment facility who is
authorized to possess the deadly weapon while on duty or traveling to or
from the person's place of assignment.
(i) It is an affirmative
defense to prosecution under Subsection (b) that the actor:
(1) is a duly authorized
member of the clergy with rights and privileges granted by an ordaining
authority that includes administration of a religious ritual or ceremony
requiring the presence or consumption of an alcoholic beverage; and
(2) takes four ounces or
less of an alcoholic beverage into a [the] correctional facility
and personally consumes all of the alcoholic beverage or departs from the
facility with any portion of the beverage not consumed.
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SECTION 34. Section
46.035(b), Penal Code, is amended.
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SECTION 32. Same as
introduced version.
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SECTION 35. Section 25.025(a),
Tax Code, is amended.
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SECTION 33. Same as
introduced version.
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SECTION 36. Section
521.101(h), Transportation Code, is amended.
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SECTION 34. Same as
introduced version.
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SECTION 37. Section 521.103,
Transportation Code, is amended by amending Subsection (b) and adding
Subsections (b-1) and (b-2) to read as follows:
(b) Except as otherwise
provided by this section, a [A] personal identification
certificate issued under this section, including a renewal, duplicate, or
corrected certificate, expires on the first birthday of the certificate
holder occurring after the date of application.
(b-1) The [,
except that the] initial personal identification certificate
issued under this section expires on the second birthday of the certificate
holder occurring after the date of application.
(b-2) A personal
identification certificate issued under this section to a person described
by Article 62.2021, Code of Criminal Procedure, expires on the seventh birthday of the certificate holder
occurring after the date of application.
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SECTION 35. Section
521.103(b), Transportation Code, is amended to read as follows:
(b) A personal identification
certificate issued under this section, including a renewal, duplicate, or
corrected certificate, expires on the first birthday of the certificate
holder occurring after the date of application, except that:
(1) the initial
certificate issued under this
section expires on the second
birthday of the certificate holder occurring after the date of application, subject to Subdivision (2); and
(2) a certificate issued
under this section to a person described by Article 62.2021, Code of
Criminal Procedure, expires on the sixth
anniversary of the date on which the certificate was issued.
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SECTION 38. Section
521.272(c), Transportation Code, is amended to read as follows:
(c) Notwithstanding Sections
521.271 and 521.2711, a driver's license issued under this section,
including a renewal, duplicate, or corrected license, expires:
(1) if the license holder is
a citizen, national, or legal permanent resident of the United States or a
refugee or asylee lawfully admitted into the United States, on the first
birthday of the license holder occurring after the date of application,
except that:
(A) the initial
license issued under this section expires on the second birthday of the
license holder occurring after the date of application; or
(B) a license issued
under this section to a person described by Article 62.2021, Code of
Criminal Procedure, expires on the seventh
birthday of the license holder occurring after the date of application;
or
(2) if the applicant is not
described by Subdivision (1), on the earlier of:
(A) the expiration date of
the applicant's authorized stay in the United States; or
(B) as applicable:
(i) the first
birthday of the license holder occurring after the date of application;
(ii) if the license
holder holds an initial license issued under this section, [except
that the initial license issued under this section expires on] the second
birthday of the license holder occurring after the date of application;
or
(iii) if the license
holder is a person described by Article 62.2021, Code of Criminal
Procedure, the seventh birthday of the
license holder occurring after the date of application.
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SECTION 36. Section
521.272(c), Transportation Code, is amended to read as follows:
(c) Notwithstanding Sections
521.271 and 521.2711, a driver's license issued under this section,
including a renewal, duplicate, or corrected license, expires:
(1) if the license holder is
a citizen, national, or legal permanent resident of the United States or a
refugee or asylee lawfully admitted into the United States, on the first
birthday of the license holder occurring after the date of application,
except that:
(A) the initial
license issued under this section expires on the second birthday of the
license holder occurring after the date of application, subject to Paragraph (B); and [or]
(B) a license issued
under this section to a person described by Article 62.2021, Code of
Criminal Procedure, expires on the sixth
anniversary of the date on which the license was issued; or
(2) if the applicant is not
described by Subdivision (1), on the earlier of:
(A) the expiration date of
the applicant's authorized stay in the United States; or
(B) as applicable:
(i) the first
birthday of the license holder occurring after the date of application;
(ii) if the license
holder holds an initial license issued under this section, [except
that the initial license issued under this section expires on] the
second birthday of the license holder occurring after the date of
application; or
(iii) if the license
holder is a person described by Article 62.2021, Code of Criminal
Procedure, the sixth anniversary of the
date on which the license was issued.
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SECTION 39. Section
521.348(a), Transportation Code, is amended.
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SECTION 37. Same as
introduced version.
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SECTION 40. Section
521.421(a-1), Transportation Code, is amended.
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SECTION 38. Same as
introduced version.
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SECTION 41. Section
522.033(b), Transportation Code, is amended to read as follows:
(b) Notwithstanding Sections
522.013 and 522.051, a commercial driver's license 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:
(1) the initial
license issued under this section expires on the second birthday of the
license holder occurring after the date of application; or
(2) a license issued
under this section to a person described by Article 62.2021, Code of
Criminal Procedure, expires on the seventh
birthday of the license holder occurring after the date of expiration.
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SECTION 39. Section
522.033(b), Transportation Code, is amended to read as follows:
(b) Notwithstanding Sections
522.013 and 522.051, a commercial driver's license 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:
(1) the initial
license issued under this section expires on the second birthday of the
license holder occurring after the date of application, subject to Subdivision (2); and
(2) a license issued
under this section to a person described by Article 62.2021, Code of
Criminal Procedure, expires on the fifth
anniversary of the date on which the license was issued.
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SECTION 42.
Sections 420A.009(b) and (c),
Government Code, are repealed.
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SECTION 40. The following
provisions are repealed:
(1) Sections 420A.009(b) and
(c), Government Code; and
(2)
Section 841.141(b), Health and Safety Code.
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SECTION 43. Article 17.03,
Code of Criminal Procedure, as amended by this Act, applies only to a
personal bond that is executed on or after the effective date of this Act.
A personal bond executed before the effective date of this Act is governed
by the law in effect when the personal bond was executed, and the former
law is continued in effect for that purpose.
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SECTION 41. Same as introduced
version.
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SECTION 44. Chapter 62, Code
of Criminal Procedure, as amended by this Act, applies to any person who,
on or after the effective date of this Act, is required to register under
that chapter, regardless of whether the offense or conduct for which the
person is required to register occurs before, on, or after the effective
date of this Act.
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SECTION 42. Same as
introduced version.
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SECTION 45. Sections
552.117(a) and 552.1175(a), Government Code, and Section 25.025(a), Tax
Code, as amended by this Act, apply only to a request for information that
is received by a governmental body or an officer for public information on
or after the effective date of this Act. A request for information that
was received before the effective date of this Act is governed by the law
in effect on the date the request was received, and the former law is
continued in effect for that purpose.
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SECTION 43. Same as
introduced version.
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SECTION 46. If a civil
commitment requirement imposed under Chapter 841, Health and Safety Code,
before the effective date of this Act differs from any of the civil
commitment requirements listed in Section 841.082, Health and Safety Code,
as amended by this Act, the applicable court with jurisdiction over the
committed person shall, after notice and hearing, modify the requirement
imposed as applicable to conform to that section.
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SECTION 44. If a civil
commitment requirement imposed under Chapter 841, Health and Safety Code,
before the effective date of this Act differs from any of the civil
commitment requirements listed in Section 841.082, Health and Safety Code,
as amended by this Act, the applicable court with jurisdiction over the
committed person shall, after notice and hearing by submission, modify the requirement imposed as
applicable to conform to that section.
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SECTION 47. Section
841.0834(e), Health and Safety Code, as added by this Act, applies only to
a petition filed on or after the effective date of this Act. A petition
filed before the effective date of this Act is governed by the law in
effect when the petition was filed, and the former law is continued in
effect for that purpose.
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SECTION 45. Same as introduced
version.
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SECTION 48. Sections 22.01,
22.11, 38.11, and 46.035, Penal Code, as amended by this Act, apply only to
an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed by the
law in effect on the date the offense was committed, and the former law is
continued in effect for that purpose. For purposes of this section, an
offense was committed before the effective date of this Act if any element
of the offense occurred before that date.
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SECTION 46. Same as
introduced version.
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SECTION 49. The members of
the board of the Texas Civil Commitment Office serving on the effective
date of this Act may draw lots or use another method to determine the
members who shall serve terms that expire as provided by Section
420A.002(c), Government Code, as amended by this Act, in 2019, 2021, or
2023, respectively. The members of the board appointed to succeed the
members serving on the effective date of this Act shall serve six-year terms.
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SECTION 47. Same as
introduced version.
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SECTION 50. This Act takes
effect September 1, 2017.
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SECTION 48. Same as
introduced version.
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