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.