Texas 2009 - 81st Regular

Texas House Bill HB2730 Compare Versions

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1	1	H.B. No. 2730
2	2
3	3
4	4	AN ACT
5	5	relating to the continuation and functions of the Department of
6	6	Public Safety of the State of Texas and the Texas Private Security
7	7	Board; providing a penalty.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	ARTICLE 1. CHANGES TO VEHICLE INSPECTION PROGRAM
10	10	SECTION 1.01. Section 548.006(i), Transportation Code, is
11	11	amended to read as follows:
12	12	(i) The committee shall hold a meeting at least once [at
13	13	least two meetings] each quarter [year].
14	14	SECTION 1.02. Subchapter A, Chapter 548, Transportation
15	15	Code, is amended by adding Section 548.008 to read as follows:
16	16	Sec. 548.008. VEHICLE INSPECTION PROGRAM DIRECTOR. (a)
17	17	The vehicle inspection program is managed by a program director.
18	18	The program director may not be a commissioned officer.
19	19	(b) The office of the vehicle inspection program director
20	20	must be located in Austin, Texas.
21	21	(c) The duties of the program director include:
22	22	(1) responsibility for the quality of the vehicle
23	23	inspection program;
24	24	(2) coordination of the regional offices;
25	25	(3) compilation of regional and statewide performance
26	26	data;
27	27	(4) the establishment of best practices and
28	28	distribution of those practices to the regional offices;
29	29	(5) setting goals for the entire program, in
30	30	consultation with the public safety director or the public safety
31	31	director's designee, and setting goals for each regional office in
32	32	consultation with the regional managers;
33	33	(6) monitoring the progress toward the goals set in
34	34	Subdivision (5) and evaluating the program based on that progress;
35	35	and
36	36	(7) coordination with the Texas Highway Patrol to
37	37	enforce provisions related to vehicle inspection.
38	38	(d) The regional offices shall make reports as requested by
39	39	the program director.
40	40	ARTICLE 2. DIVISION OF EMERGENCY MANAGEMENT
41	41	PART A. ORGANIZATION OF DIVISION
42	42	SECTION 2A.01. Section 418.004, Government Code, is amended
43	43	by amending Subdivision (2) and adding Subdivision (9) to read as
44	44	follows:
45	45	(2) "Division" means the Texas Division of Emergency
46	46	Management [division of emergency management in the office of the
47	47	governor].
48	48	(9) "Department" means the Department of Public Safety
49	49	of the State of Texas.
50	50	SECTION 2A.02. Sections 418.041(a), (b), and (c),
51	51	Government Code, are amended to read as follows:
52	52	(a) The Texas Division of Emergency Management [division of
53	53	emergency management] is a division of the department [office of
54	54	the governor].
55	55	(b) The division is managed by a chief [director] appointed
56	56	by the public safety director of the department, with the approval
57	57	of the governor. The chief [director] serves at the pleasure of the
58	58	public safety director [governor]. The chief must possess
59	59	professional training and knowledge consisting of not less than
60	60	five years of managerial or strategic planning experience in
61	61	matters relating to public safety, security, emergency services,
62	62	and emergency response.
63	63	(c) At least once every two months, the following shall meet
64	64	to coordinate efforts, prevent overlap of activities, and ensure
65	65	that the state's approach to emergency management and homeland
66	66	security is unified:
67	67	(1) a representative of the department;
68	68	(2) a representative of the division;
69	69	(3) a representative of the governor's office of
70	70	homeland security;
71	71	(4) the presiding officer of the Homeland Security
72	72	Council; and
73	73	(5) a state agency representative from the emergency
74	74	management council, selected by the chair of the emergency
75	75	management council. [The director shall appoint a state
76	76	coordinator.]
77	77	SECTION 2A.03. Section 418.072, Government Code, is amended
78	78	to read as follows:
79	79	Sec. 418.072. DISASTER EMERGENCY FUNDING BOARD. The
80	80	disaster emergency funding board is composed of:
81	81	(1) the governor;
82	82	(2) the lieutenant governor;
83	83	(3) the commissioner of insurance;
84	84	(4) the executive commissioner of the Health and
85	85	[Department of] Human Services Commission; and
86	86	(5) the chief [director] of the division.
87	87	SECTION 2A.04. Section 418.074(b), Government Code, is
88	88	amended to read as follows:
89	89	(b) If a gift, grant, or loan is accepted by the state, the
90	90	governor, or the emergency management council or chief of the
91	91	division [state coordinator] if designated by the governor, may
92	92	dispense the gift, grant, or loan directly to accomplish the
93	93	purpose for which it was made or may allocate and transfer to a
94	94	political subdivision services, equipment, supplies, materials, or
95	95	funds in the amount the governor or the governor's designee may
96	96	determine.
97	97	PART B. OTHER AMENDMENTS, INCLUDING CONFORMING AMENDMENTS
98	98	REFLECTING DIVISION'S NAME CHANGE
99	99	SECTION 2B.01. Section 12.0012, Agriculture Code, is
100	100	amended to read as follows:
101	101	Sec. 12.0012. NOTIFICATION. The department shall, upon
102	102	submission for publication, notify the Texas Division of Emergency
103	103	Management [division of emergency management in the office of the
104	104	governor] of each quarantine it adopts. The department shall
105	105	thereafter cooperate with the Texas Division of Emergency
106	106	Management [division of emergency management] in implementing any
107	107	necessary safeguards to protect the state's agricultural resources
108	108	from potential economic, health, or ecological disaster that may
109	109	result from the quarantined pest or disease.
110	110	SECTION 2B.02. Sections 88.303(a) and (d), Education Code,
111	111	are amended to read as follows:
112	112	(a) Notwithstanding any other law, during any period in
113	113	which Texas Task Force 1 is activated by the Texas Division of
114	114	Emergency Management [governor's division of emergency
115	115	management], or during any training session sponsored or sanctioned
116	116	by Texas Task Force 1, a participating nongovernment member or
117	117	local government employee member is included in the coverage
118	118	provided under Chapter 501, Labor Code, in the same manner as an
119	119	employee, as defined by Section 501.001, Labor Code.
120	120	(d) Notwithstanding Section 412.0123, Labor Code, as added
121	121	by Chapter 1098, Acts of the 75th Legislature, Regular Session,
122	122	1997, the Texas Division of Emergency Management [governor's
123	123	division of emergency management] shall reimburse the State Office
124	124	of Risk Management for the actual medical and indemnity benefits
125	125	paid on behalf of a covered member of Texas Task Force 1 at the
126	126	beginning of the next state fiscal year occurring after the date the
127	127	benefits are paid.
128	128	SECTION 2B.03. Section 418.014(e), Government Code, is
129	129	amended to read as follows:
130	130	(e) An executive order or proclamation shall be
131	131	disseminated promptly by means intended to bring its contents to
132	132	the attention of the general public. An order or proclamation shall
133	133	be filed promptly with the division [of emergency management], the
134	134	secretary of state, and the county clerk or city secretary in each
135	135	area to which it applies unless the circumstances attendant on the
136	136	disaster prevent or impede the filing.
137	137	SECTION 2B.04. The heading to Subchapter C, Chapter 418,
138	138	Government Code, is amended to read as follows:
139	139	SUBCHAPTER C. TEXAS DIVISION OF EMERGENCY MANAGEMENT
140	140	SECTION 2B.05. Section 418.073(d), Government Code, is
141	141	amended to read as follows:
142	142	(d) The [governor's] division [of emergency management]
143	143	shall administer the disaster contingency fund and shall develop
144	144	and implement rules and procedures for providing emergency
145	145	assistance from the fund. The division shall annually report to the
146	146	speaker of the house of representatives and the lieutenant governor
147	147	expenditures from the fund, the overall status of the fund, and any
148	148	changes to rules and procedures regarding the fund.
149	149	SECTION 2B.051. Subchapter C, Chapter 418, Government Code,
150	150	is amended by adding Section 418.050 to read as follows:
151	151	Sec. 418.050. REENTRY CREDENTIALING PILOT PROGRAM. (a)
152	152	The division shall consider implementing a pilot program for a
153	153	reentry credentialing process for reentry into areas previously
154	154	evacuated because of a disaster or threat of disaster.
155	155	SECTION 2B.06. Section 421.021(a), Government Code, is
156	156	amended to read as follows:
157	157	(a) The Homeland Security Council is composed of the
158	158	governor or the governor's designee, the speaker of the house of
159	159	representatives or the speaker's designee, the lieutenant governor
160	160	or the lieutenant governor's designee, and one representative of
161	161	each of the following entities, appointed by the single statewide
162	162	elected or appointed governing officer, administrative head, or
163	163	chair, as appropriate, of the entity:
164	164	(1) Department of Agriculture;
165	165	(2) office of the attorney general;
166	166	(3) General Land Office;
167	167	(4) Public Utility Commission of Texas;
168	168	(5) Department of State Health Services;
169	169	(6) Department of Information Resources;
170	170	(7) Department of Public Safety of the State of Texas;
171	171	(8) Texas Division of Emergency Management [division
172	172	of emergency management of the office of the governor];
173	173	(9) adjutant general's department;
174	174	(10) Texas Commission on Environmental Quality;
175	175	(11) Railroad Commission of Texas;
176	176	(12) Texas Strategic Military Planning Commission;
177	177	(13) Texas Department of Transportation;
178	178	(14) Commission on State Emergency Communications;
179	179	(15) Office of State-Federal Relations;
180	180	(16) secretary of state;
181	181	(17) Senate Committee on Transportation and Homeland
182	182	Security;
183	183	(18) House Committee on Defense and Veterans' Affairs
184	184	[and State-Federal Relations];
185	185	(19) Texas Animal Health Commission;
186	186	(20) Texas Association of Regional Councils;
187	187	(21) Texas Commission on Law Enforcement Officer
188	188	Standards and Education;
189	189	(22) state fire marshal's office;
190	190	(23) Texas Education Agency;
191	191	(24) Texas Commission on Fire Protection;
192	192	(25) Parks and Wildlife Department;
193	193	(26) Texas Forest Service; and
194	194	(27) Texas Water Development Board.
195	195	SECTION 2B.07. Section 661.907(b), Government Code, is
196	196	amended to read as follows:
197	197	(b) The number of certified disaster service volunteers who
198	198	are eligible for leave under this section may not exceed 350 state
199	199	employees at any one time during a fiscal year. The Texas Division
200	200	of Emergency Management [division of emergency management in the
201	201	governor's office] shall coordinate the establishment and
202	202	maintenance of the list of eligible employees.
203	203	SECTION 2B.08. Section 661.919(b), Government Code, is
204	204	amended to read as follows:
205	205	(b) The number of amateur radio operators who are eligible
206	206	for leave under this section may not exceed 350 state employees at
207	207	any one time during a state fiscal year. The Texas Division of
208	208	Emergency Management [division of emergency management in the
209	209	governor's office] shall coordinate the establishment and
210	210	maintenance of the list of eligible employees.
211	211	SECTION 2B.09. Section 501.001(5), Labor Code, is amended
212	212	to read as follows:
213	213	(5) "Employee" means a person who is:
214	214	(A) in the service of the state pursuant to an
215	215	election, appointment, or express oral or written contract of hire;
216	216	(B) paid from state funds but whose duties
217	217	require that the person work and frequently receive supervision in
218	218	a political subdivision of the state;
219	219	(C) a peace officer employed by a political
220	220	subdivision, while the peace officer is exercising authority
221	221	granted under:
222	222	(i) Article 2.12, Code of Criminal
223	223	Procedure; or
224	224	(ii) Articles 14.03(d) and (g), Code of
225	225	Criminal Procedure;
226	226	(D) a member of the state military forces, as
227	227	defined by Section 431.001, Government Code, who is engaged in
228	228	authorized training or duty; or
229	229	(E) a Texas Task Force 1 member, as defined by
230	230	Section 88.301, Education Code, who is activated by the Texas
231	231	Division of Emergency Management [governor's division of emergency
232	232	management] or is injured during [any] training [session] sponsored
233	233	or sanctioned by Texas Task Force 1.
234	234	SECTION 2B.10. Sections 16.055(a) and (b), Water Code, are
235	235	amended to read as follows:
236	236	(a) The chief [coordinator] of the Texas Division of
237	237	Emergency Management [division of emergency management of the
238	238	office of the governor] is the state drought manager. The state
239	239	drought manager is responsible for managing and coordinating the
240	240	drought response component of the state water plan.
241	241	(b) The drought preparedness council is created and shall
242	242	meet as necessary to carry out the provisions of this section. The
243	243	council is composed of one representative from each of the
244	244	following entities, appointed by the administrative head of that
245	245	entity:
246	246	(1) the Texas Division of Emergency Management
247	247	[division of emergency management of the office of the governor];
248	248	(2) the board;
249	249	(3) the commission;
250	250	(4) the Parks and Wildlife Department;
251	251	(5) the Department of Agriculture;
252	252	(6) the Texas AgriLife [Agricultural] Extension
253	253	Service;
254	254	(7) the State Soil and Water Conservation Board;
255	255	(8) the Texas Department of Housing and Community
256	256	Affairs;
257	257	(9) the Texas Forest Service;
258	258	(10) the Texas Department of Transportation;
259	259	(11) the Texas Department of Economic Development; and
260	260	(12) a representative of groundwater management
261	261	interests who is appointed by the governor.
262	262	SECTION 2B.11. Section 1(3), Chapter 350 (S.B. 1101), Acts
263	263	of the 71st Legislature, Regular Session, 1989 (Article 6419c,
264	264	Vernon's Texas Civil Statutes), is amended to read as follows:
265	265	(3) "Division of emergency management" means the Texas
266	266	Division of Emergency Management [division of emergency management
267	267	of the office of the governor].
268	268	SECTION 2B.12. A reference in law or a rule to the
269	269	"governor's division of emergency management" or the "division of
270	270	emergency management in the office of the governor" means the Texas
271	271	Division of Emergency Management in the Department of Public Safety
272	272	of the State of Texas.
273	273	ARTICLE 3. ADMINISTRATIVE SUSPENSION OF DRIVER'S LICENSE
274	274	FOR INTOXICATION OFFENSES
275	275	SECTION 3.01. Section 524.039, Transportation Code, is
276	276	amended to read as follows:
277	277	Sec. 524.039. APPEARANCE OF TECHNICIANS AT HEARING. (a)
278	278	Not [Notwithstanding Section 524.038, if not] later than the fifth
279	279	day before the date of a scheduled hearing, [the department
280	280	receives from] the person who requested a hearing may apply to the
281	281	State Office of Administrative Hearings to issue a subpoena for the
282	282	attendance [written notice, including a facsimile transmission,
283	283	requesting the presence at the hearing] of the breath test operator
284	284	who took the specimen of the person's breath to determine alcohol
285	285	concentration or the certified breath test technical supervisor
286	286	responsible for maintaining and directing the operation of the
287	287	breath test instrument used to analyze the specimen of the person's
288	288	breath, or both[, each requested person must appear at the
289	289	hearing]. The State Office of Administrative Hearings shall issue
290	290	the subpoena only on a showing of good cause.
291	291	(b) The department may reschedule a hearing once not less
292	292	than 48 hours before the hearing if a [the] person subpoenaed
293	293	[requested to attend] under Subsection (a) is unavailable. The
294	294	department may also reschedule the hearing on showing good cause
295	295	that a [the] person subpoenaed [requested] under Subsection (a) is
296	296	not available at the time of the hearing.
297	297	SECTION 3.02. The changes in law made by this article by the
298	298	amendment of Section 524.039, Transportation Code, apply only to a
299	299	hearing conducted on or after September 1, 2009. A hearing
300	300	conducted before September 1, 2009, is covered by the law in effect
301	301	immediately before that date, and the former law is continued in
302	302	effect for that purpose.
303	303	SECTION 3.03. This article takes effect September 1, 2009.
304	304	ARTICLE 4. CHANGES TO PRIVATE SECURITY ACT
305	305	SECTION 4.01. Section 1702.002, Occupations Code, is
306	306	amended by amending Subdivisions (2), (3), (5), (11), (12), (13),
307	307	(17), (19), (20), and (21) and adding Subdivision (6-b) to read as
308	308	follows:
309	309	(2) "Branch office" means an office that is:
310	310	(A) identified to the public as a place from
311	311	which business is conducted, solicited, or advertised; and
312	312	(B) at a place other than the principal place of
313	313	business as shown in board [commission] records.
314	314	(3) "Branch office license" means a permit issued by
315	315	the board [commission] that entitles a person to operate at a branch
316	316	office as a security services contractor or investigations company.
317	317	(5) "Commissioned security officer" means a security
318	318	officer to whom a security officer commission has been issued by the
319	319	board [commission].
320	320	(6-b) "Endorsement" means a permit entitling an
321	321	individual holding a registration to perform a service regulated by
322	322	this chapter for an appropriately licensed company.
323	323	(11) "Letter of authority" means a permit issued by
324	324	the board [commission] that entitles the security department of a
325	325	private business or a political subdivision to employ a
326	326	commissioned security officer.
327	327	(12) "License" means a permit issued by the board
328	328	[commission] that entitles a person to operate as a security
329	329	services contractor or investigations company.
330	330	(13) "License holder" means a person to whom the board
331	331	[commission] issues a license.
332	332	(17) "Personal protection officer endorsement
333	333	[authorization]" means a permit issued by the board [commission]
334	334	that entitles an individual to act as a personal protection
335	335	officer.
336	336	(19) "Registrant" means an individual who has
337	337	registered with the board [commission] under Section 1702.221.
338	338	(20) "Registration" means a permit issued by the board
339	339	[commission] to an individual described by Section 1702.221.
340	340	(21) "Security officer commission" means an
341	341	authorization issued by the board [commission] that entitles a
342	342	security officer to carry a firearm.
343	343	SECTION 4.02. Section 1702.004, Occupations Code, is
344	344	amended to read as follows:
345	345	Sec. 1702.004. GENERAL SCOPE OF REGULATION. (a) The board,
346	346	in addition to performing duties required by other law or
347	347	exercising powers granted by other law:
348	348	(1) licenses investigations companies and security
349	349	services contractors;
350	350	(2) issues commissions to certain security officers;
351	351	(3) issues endorsements [authorizations] to certain
352	352	security officers engaged in the personal protection of
353	353	individuals;
354	354	(4) registers and endorses:
355	355	(A) certain individuals connected with a license
356	356	holder; and
357	357	(B) certain individuals employed in a field
358	358	connected to private investigation or private security; and
359	359	(5) regulates license holders, security officers,
360	360	[and] registrants, and endorsement holders under this chapter.
361	361	(b) The board shall adopt rules necessary to comply with
362	362	Chapter 53 [does not apply to this chapter or to any licensing,
363	363	regulatory, or disciplinary determinations made under this
364	364	chapter]. In its rules under this section, the board shall list the
365	365	specific offenses for each category of regulated persons for which
366	366	a conviction would constitute grounds for the board to take action
367	367	under Section 53.021.
368	368	SECTION 4.03. The heading to Subchapter B, Chapter 1702,
369	369	Occupations Code, is amended to read as follows:
370	370	SUBCHAPTER B. TEXAS [COMMISSION ON] PRIVATE SECURITY BOARD
371	371	SECTION 4.04. Section 1702.021, Occupations Code, is
372	372	amended to read as follows:
373	373	Sec. 1702.021. BOARD [COMMISSION] MEMBERSHIP. (a) The
374	374	Texas Private Security Board consists of seven members appointed by
375	375	the governor with the advice and consent of the senate as follows:
376	376	(1) four public members, each of whom is a citizen of
377	377	the United States;
378	378	(2) one member who is licensed under this chapter as a
379	379	private investigator;
380	380	(3) one member who is licensed under this chapter as an
381	381	alarm systems company; and
382	382	(4) one member who is licensed under this chapter as
383	383	the owner or operator of a guard company.
384	384	(b) Appointments to the board [commission] shall be made
385	385	without regard to the race, color, disability, sex, religion, age,
386	386	or national origin of the appointee.
387	387	[(c) On presentation by a commission member of the
388	388	constitutional oath taken by the member, together with the
389	389	certificate of appointment, the secretary of state shall issue a
390	390	commission to the member as evidence of the member's authority to
391	391	act as a commission member.]
392	392	SECTION 4.05. Section 1702.023, Occupations Code, is
393	393	amended to read as follows:
394	394	Sec. 1702.023. ELIGIBILITY OF PUBLIC MEMBERS. The board's
395	395	[commission's] public members must be representatives of the
396	396	general public. A person may not be a public member of the board
397	397	[commission] if the person or the person's spouse:
398	398	(1) is registered, commissioned, certified, or
399	399	licensed by a regulatory agency in the field of private
400	400	investigations or private security;
401	401	(2) is employed by or participates in the management
402	402	of a business entity or other organization regulated by or
403	403	receiving money from the board [commission];
404	404	(3) owns or controls, directly or indirectly, more
405	405	than a 10 percent interest in a business entity or other
406	406	organization regulated by or receiving money from the board
407	407	[commission]; or
408	408	(4) uses or receives a substantial amount of tangible
409	409	goods, services, or money from the board [commission] other than
410	410	compensation or reimbursement authorized by law for board
411	411	[commission] membership, attendance, or expenses.
412	412	SECTION 4.06. Sections 1702.024(b) and (c), Occupations
413	413	Code, are amended to read as follows:
414	414	(b) A person may not be a board [commission] member, and may
415	415	not be a department [commission] employee whose primary duties
416	416	include private security regulation and who is employed in a "bona
417	417	fide executive, administrative, or professional capacity," as that
418	418	phrase is used for purposes of establishing an exemption to the
419	419	overtime provisions of the federal Fair Labor Standards Act of 1938
420	420	(29 U.S.C. Section 201 et seq.), and its subsequent amendments, if:
421	421	(1) the person is an officer, employee, or paid
422	422	consultant of a Texas trade association in the field of private
423	423	investigation or private security; or
424	424	(2) the person's spouse is an officer, manager, or paid
425	425	consultant of a Texas trade association in the field of private
426	426	investigation or private security.
427	427	(c) A person may not be a board [commission] member or act as
428	428	general counsel to the board [commission] or agency if the person is
429	429	required to register as a lobbyist under Chapter 305, Government
430	430	Code, because of the person's activities for compensation on behalf
431	431	of a profession related to the operation of the agency.
432	432	SECTION 4.07. Section 1702.027, Occupations Code, is
433	433	amended to read as follows:
434	434	Sec. 1702.027. GROUNDS FOR REMOVAL. (a) It is a ground for
435	435	removal from the board [commission] that a member:
436	436	(1) does not have the qualifications required by
437	437	Section 1702.021 at the time of taking office;
438	438	(2) does not maintain the qualifications required by
439	439	Section 1702.021 during service on the board [commission];
440	440	(3) is ineligible for membership under Section
441	441	1702.023 or 1702.024;
442	442	(4) cannot, because of illness or disability,
443	443	discharge the member's duties for a substantial part of the member's
444	444	term; or
445	445	(5) is absent from more than half of the regularly
446	446	scheduled board [commission] meetings that the member is eligible
447	447	to attend during a calendar year without an excuse approved by a
448	448	majority vote of the board [commission].
449	449	(b) The validity of an action of the board [commission] is
450	450	not affected by the fact that it is taken when a ground for removal
451	451	of a board [commission] member exists.
452	452	(c) If the chief administrator [director] has knowledge
453	453	that a potential ground for removal exists, the chief administrator
454	454	[director] shall notify the presiding officer of the board
455	455	[commission] of the potential ground. The presiding officer shall
456	456	then notify the governor and the attorney general that a potential
457	457	ground for removal exists. If the potential ground for removal
458	458	involves the presiding officer, the chief administrator [director]
459	459	shall notify the next highest ranking officer of the board
460	460	[commission], who shall then notify the governor and the attorney
461	461	general that a potential ground for removal exists.
462	462	SECTION 4.08. Section 1702.028, Occupations Code, is
463	463	amended to read as follows:
464	464	Sec. 1702.028. PER DIEM; REIMBURSEMENT. (a) A board
465	465	[commission] member is entitled to a per diem as set by legislative
466	466	appropriation for each day the member engages in the business of the
467	467	board [commission].
468	468	(b) A member is entitled to reimbursement for travel
469	469	[transportation] expenses incurred while conducting board
470	470	business, including expenses for transportation, meals, and
471	471	lodging, as prescribed by the General Appropriations Act. [A
472	472	member may not receive compensation for travel expenses, including
473	473	expenses for meals and lodging, other than transportation
474	474	expenses.]
475	475	SECTION 4.09. Section 1702.029, Occupations Code, is
476	476	amended to read as follows:
477	477	Sec. 1702.029. MEETINGS. The board [commission] shall meet
478	478	at regular intervals to be decided by the board [commission].
479	479	SECTION 4.10. Section 1702.030, Occupations Code, is
480	480	amended to read as follows:
481	481	Sec. 1702.030. TRAINING. (a) A person who is appointed to
482	482	and qualifies for office as a board [commission] member may not
483	483	vote, deliberate, or be counted as a member in attendance at a board
484	484	[commission] meeting until the person completes a training program
485	485	that complies with this section.
486	486	(b) The training program must provide the person with
487	487	information regarding:
488	488	(1) this chapter;
489	489	(2) the programs operated by the board [commission];
490	490	(3) the role and functions of the board [commission];
491	491	(4) the rules of the board [commission], with an
492	492	emphasis on the rules that relate to disciplinary and investigatory
493	493	authority;
494	494	(5) the current budget for the board [commission];
495	495	(6) the results of the most recent formal audit of the
496	496	board [commission];
497	497	(7) the requirements of:
498	498	(A) the open meetings law, Chapter 551,
499	499	Government Code;
500	500	(B) the public information law, Chapter 552,
501	501	Government Code;
502	502	(C) the administrative procedure law, Chapter
503	503	2001, Government Code; and
504	504	(D) other laws relating to public officials,
505	505	including conflict of interest laws; and
506	506	(8) any applicable ethics policies adopted by the
507	507	board [commission] or the Texas Ethics Commission.
508	508	(c) A person appointed to the board [commission] is entitled
509	509	to reimbursement, as provided by the General Appropriations Act,
510	510	for the travel expenses incurred in attending the training program
511	511	regardless of whether the attendance at the program occurs before
512	512	or after the person qualifies for office.
513	513	SECTION 4.11. The heading to Subchapter C, Chapter 1702,
514	514	Occupations Code, is amended to read as follows:
515	515	SUBCHAPTER C. CHIEF ADMINISTRATOR [DIRECTOR] AND PERSONNEL
516	516	SECTION 4.12. Section 1702.041, Occupations Code, is
517	517	amended to read as follows:
518	518	Sec. 1702.041. CHIEF ADMINISTRATOR [DIRECTOR]. (a) The
519	519	[director is the] chief administrator is responsible for the
520	520	administration of this chapter under the direction of the board
521	521	[commission]. The chief administrator [director] shall perform
522	522	duties as prescribed by the board and the department [commission].
523	523	(b) The chief administrator [director] is a full-time
524	524	employee of the department [commission]. A board [commission]
525	525	member may not serve as chief administrator [director].
526	526	SECTION 4.13. Section 1702.042, Occupations Code, is
527	527	amended to read as follows:
528	528	Sec. 1702.042. PERSONNEL; CONFLICT OF INTEREST. An
529	529	employee of the department whose primary duties include private
530	530	security regulation [commission] may not:
531	531	(1) have a financial or business interest, contingent
532	532	or otherwise, in a security services contractor or investigations
533	533	company; or
534	534	(2) be licensed under this chapter.
535	535	SECTION 4.14. Section 1702.043, Occupations Code, is
536	536	amended to read as follows:
537	537	Sec. 1702.043. DIVISION OF RESPONSIBILITIES. The board
538	538	[commission] shall develop and implement policies that clearly
539	539	separate the policy-making responsibilities of the board
540	540	[commission] and the management responsibilities of the chief
541	541	administrator [director] and staff of the department [commission].
542	542	SECTION 4.15. Section 1702.044, Occupations Code, is
543	543	amended to read as follows:
544	544	Sec. 1702.044. QUALIFICATIONS AND STANDARDS OF CONDUCT
545	545	INFORMATION. The chief administrator [director] or the chief
546	546	administrator's [director's] designee shall provide to board
547	547	[commission] members and to agency employees, as often as
548	548	necessary, information regarding the requirements for office or
549	549	employment under this chapter, including information regarding a
550	550	person's responsibilities under applicable laws relating to
551	551	standards of conduct for state officers or employees.
552	552	SECTION 4.16. The heading to Subchapter D, Chapter 1702,
553	553	Occupations Code, is amended to read as follows:
554	554	SUBCHAPTER D. POWERS AND DUTIES OF BOARD [COMMISSION]
555	555	SECTION 4.17. Section 1702.061, Occupations Code, is
556	556	amended to read as follows:
557	557	Sec. 1702.061. GENERAL POWERS AND DUTIES OF BOARD
558	558	[COMMISSION]. (a) The board [Texas Commission on Private
559	559	Security] shall perform the functions and duties provided by this
560	560	chapter.
561	561	(b) The board [commission] shall adopt rules and general
562	562	policies to guide the agency in the administration of this chapter.
563	563	(c) The rules and policies adopted by the board [commission]
564	564	under Subsection (b) must be consistent with this chapter and other
565	565	board [commission] rules adopted under this chapter and with any
566	566	other applicable law, state rule, or federal regulation.
567	567	(d) The board [commission] has the powers and duties to:
568	568	(1) determine the qualifications of license holders,
569	569	registrants, endorsement holders, and commissioned security
570	570	officers;
571	571	(2) investigate alleged violations of this chapter and
572	572	of board [commission] rules;
573	573	(3) adopt rules necessary to implement this chapter;
574	574	and
575	575	(4) establish and enforce standards governing the
576	576	safety and conduct of each person licensed, registered, or
577	577	commissioned under this chapter.
578	578	(e) The board [commission] shall have a seal in the form
579	579	prescribed by the board [commission].
580	580	[(f) The commission may commission investigators who are
581	581	employed full-time by the commission as peace officers for the
582	582	limited purpose of assisting the commission in investigating
583	583	alleged violations of this chapter and of commission rules.]
584	584	SECTION 4.18. Subchapter D, Chapter 1702, Occupations Code,
585	585	is amended by adding Section 1702.0612 to read as follows:
586	586	Sec. 1702.0612. NEGOTIATED RULEMAKING AND ALTERNATIVE
587	587	DISPUTE RESOLUTION. (a) The board shall develop and implement a
588	588	policy to encourage the use of:
589	589	(1) negotiated rulemaking procedures under Chapter
590	590	2008, Government Code, for the adoption of board rules; and
591	591	(2) appropriate alternative dispute resolution
592	592	procedures under Chapter 2009, Government Code, to assist in the
593	593	resolution of internal and external disputes under the board's
594	594	jurisdiction.
595	595	(b) The board's procedures relating to alternative dispute
596	596	resolution must conform, to the extent possible, to any model
597	597	guidelines issued by the State Office of Administrative Hearings
598	598	for the use of alternative dispute resolution by state agencies.
599	599	(c) The board shall designate a trained person to:
600	600	(1) coordinate the implementation of the policy
601	601	adopted under Subsection (a);
602	602	(2) serve as a resource for any training needed to
603	603	implement the procedures for negotiated rulemaking or alternative
604	604	dispute resolution; and
605	605	(3) collect data concerning the effectiveness of those
606	606	procedures, as implemented by the board.
607	607	SECTION 4.19. Section 1702.062, Occupations Code, is
608	608	amended to read as follows:
609	609	Sec. 1702.062. FEES. (a) The board [commission] by rule
610	610	shall establish reasonable and necessary fees that produce
611	611	sufficient revenue to administer this chapter. The fees may not
612	612	produce unnecessary fund balances. [and may not exceed the
613	613	following amounts:
614	614	[Class A license$350 (original and renewal)
615	615	[Class B license$400 (original and renewal)
616	616	[Class C license$540 (original and renewal)
617	617	[Class D license$400 (original and renewal)
618	618	[Reinstate suspended license$150
619	619	[Assignment of license$150
620	620	[Change name of license$ 75
621	621	[Delinquency fee__
622	622	[Branch office certificate and renewal$300
623	623	[Registration fee for private investigator, manager, branch
624	624	office manager, locksmith, electronic access control device
625	625	installer, and alarm systems installer $ 30 (original and renewal)
626	626	[Registration fee for noncommissioned security officer$ 30
627	627	(original and renewal)
628	628	[Registration fee for security salesperson$ 30
629	629	[Registration fee for alarm systems monitor$ 30
630	630	[Registration fee for dog trainer$ 30
631	631	[Registration fee for owner, officer, partner, or
632	632	shareholder of a license holder $ 50
633	633	[Registration fee for security consultant$300
634	634	[Registration fee for employee of license holder$ 30
635	635	[Security officer commission fee$ 50
636	636	(original and renewal)
637	637	[School instructor fee$100
638	638	(original and renewal)
639	639	[School approval fee$350
640	640	(original and renewal)
641	641	[Letter of authority fee for private business and political
642	642	subdivision $400
643	643	[Letter of authority renewal fee for private business and
644	644	political subdivision $225
645	645	[Letter of authority fee for commissioned officer,
646	646	noncommissioned officer, or personal protection officer for
647	647	political subdivision $ 10
648	648	[FBI fingerprint check$ 25
649	649	[Duplicate pocket card$ 10
650	650	[Employee information update fee$ 15
651	651	[Burglar alarm sellers renewal fee$ 30
652	652	[Personal protection officer authorization$ 50]
653	653	(b) The board [In addition to other fees established under
654	654	this chapter, the commission] may charge a fee each time the board
655	655	[commission] requires a person regulated under this chapter to
656	656	resubmit a set of fingerprints for processing by the board
657	657	[commission] during the application process for a license,
658	658	registration, endorsement, or commission. The board [commission]
659	659	shall set the fee in an amount that is reasonable and necessary to
660	660	cover the [commission's] administrative expenses related to
661	661	processing the fingerprints.
662	662	(c) A person whose pocket card has not expired is not
663	663	eligible to receive from the board [commission] another pocket card
664	664	in the same classification in which the pocket card is held.
665	665	SECTION 4.20. The heading to Section 1702.063, Occupations
666	666	Code, is amended to read as follows:
667	667	Sec. 1702.063. BOARD [COMMISSION] USE OF FINES.
668	668	SECTION 4.21. Section 1702.0635, Occupations Code, is
669	669	amended to read as follows:
670	670	Sec. 1702.0635. RESTRICTIONS ON CERTAIN RULES. The board
671	671	[commission] may not adopt rules or establish unduly restrictive
672	672	experience or education requirements that limit a person's ability
673	673	to be licensed as an electronic access control device company or be
674	674	registered as an electronic access control device installer.
675	675	SECTION 4.22. Section 1702.064, Occupations Code, is
676	676	amended to read as follows:
677	677	Sec. 1702.064. RULES RESTRICTING ADVERTISING OR
678	678	COMPETITIVE BIDDING. (a) The board [commission] may not adopt
679	679	rules restricting advertising or competitive bidding by a person
680	680	regulated by the board [commission] except to prohibit false,
681	681	misleading, or deceptive practices by the person.
682	682	(b) The board [commission] may not include in its rules to
683	683	prohibit false, misleading, or deceptive practices by a person
684	684	regulated by the board [commission] a rule that:
685	685	(1) restricts the person's use of any medium for
686	686	advertising;
687	687	(2) restricts the person's personal appearance or use
688	688	of the person's personal voice in an advertisement;
689	689	(3) relates to the size or duration of an
690	690	advertisement by the person; or
691	691	(4) restricts the person's advertisement under a trade
692	692	name.
693	693	SECTION 4.23. Section 1702.0645, Occupations Code, is
694	694	amended to read as follows:
695	695	Sec. 1702.0645. PAYMENT OF FEES AND FINES. (a) The board
696	696	[commission] may adopt rules regarding the method of payment of a
697	697	fee or a fine assessed under this chapter.
698	698	(b) Rules adopted under this section may:
699	699	(1) authorize the use of electronic funds transfer or
700	700	a valid credit card issued by a financial institution chartered by a
701	701	state or the federal government or by a nationally recognized
702	702	credit organization approved by the board [commission]; and
703	703	(2) require the payment of a discount or a reasonable
704	704	service charge for a credit card payment in addition to the fee or
705	705	the fine.
706	706	SECTION 4.24. Section 1702.066, Occupations Code, is
707	707	amended to read as follows:
708	708	Sec. 1702.066. SERVICE OF PROCESS; SERVICE OF DOCUMENTS ON
709	709	BOARD [COMMISSION]. Legal process and documents required by law to
710	710	be served on or filed with the board [commission] must be served on
711	711	or filed with the chief administrator [director] at the designated
712	712	office of the board [commission].
713	713	SECTION 4.25. Section 1702.067, Occupations Code, is
714	714	amended to read as follows:
715	715	Sec. 1702.067. BOARD [COMMISSION] RECORDS; EVIDENCE. An
716	716	official record of the board [commission] or an affidavit by the
717	717	chief administrator [director] as to the content of the record is
718	718	prima facie evidence of a matter required to be kept by the board
719	719	[commission].
720	720	SECTION 4.26. Section 1702.068, Occupations Code, is
721	721	amended to read as follows:
722	722	Sec. 1702.068. APPEAL BOND NOT REQUIRED. The board
723	723	[commission] is not required to give an appeal bond in any cause
724	724	arising under this chapter.
725	725	SECTION 4.27. Section 1702.081, Occupations Code, is
726	726	amended to read as follows:
727	727	Sec. 1702.081. PUBLIC INTEREST INFORMATION. (a) The board
728	728	[commission] shall prepare information of interest to consumers or
729	729	recipients of services regulated under this chapter describing the
730	730	board's [commission's] regulatory functions and the procedures by
731	731	which complaints are filed with and resolved by the board
732	732	[commission].
733	733	(b) The board [commission] shall make the information
734	734	available to the public and appropriate state agencies.
735	735	SECTION 4.28. Sections 1702.082(a), (b), (c), and (d),
736	736	Occupations Code, are amended to read as follows:
737	737	(a) The board [commission by rule shall establish methods by
738	738	which consumers and service recipients are notified of the name,
739	739	mailing address, and telephone number of the commission for the
740	740	purpose of directing complaints to the commission. The commission
741	741	may provide for that notice:
742	742	[(1) on each registration form, application, or
743	743	written contract for services of a person regulated under this
744	744	chapter;
745	745	[(2) on a sign prominently displayed in the place of
746	746	business of each person regulated under this chapter; or
747	747	[(3) in a bill for services provided by a person
748	748	regulated under this chapter.
749	749	[(b) The commission] shall maintain a system to promptly and
750	750	efficiently act on complaints [file on each written complaint]
751	751	filed with the board [commission]. The board shall maintain
752	752	information about parties to the complaint, [file must include:
753	753	[(1) the name of the person who filed the complaint;
754	754	[(2) the date the complaint is received by the
755	755	commission;
756	756	[(3)] the subject matter of the complaint, [;
757	757	[(4) the name of each person contacted in relation to
758	758	the complaint;
759	759	[(5)] a summary of the results of the review or
760	760	investigation of the complaint, [;] and its disposition
761	761	[(6) an explanation of the reason the file was closed,
762	762	if the agency closed the file without taking action other than to
763	763	investigate the complaint].
764	764	(b) [(c)] The board [commission] shall make information
765	765	available describing its [provide to the person filing the
766	766	complaint a copy of the commission's policies and] procedures for
767	767	[relating to] complaint investigation and resolution.
768	768	(c) The board shall periodically notify the complaint
769	769	parties of the status of the complaint until final disposition.
770	770	[(d) Unless it would jeopardize an undercover investigation, the
771	771	commission shall provide to each person who is a subject of the
772	772	complaint a copy of the commission's policies and procedures
773	773	relating to complaint investigation and resolution.]
774	774	SECTION 4.29. Section 1702.083, Occupations Code, is
775	775	amended to read as follows:
776	776	Sec. 1702.083. PUBLIC PARTICIPATION. The board
777	777	[commission] shall develop and implement policies that provide the
778	778	public with a reasonable opportunity to appear before the board
779	779	[commission] and to speak on any issue under the board's
780	780	[commission's] jurisdiction.
781	781	SECTION 4.30. Section 1702.084, Occupations Code, is
782	782	amended to read as follows:
783	783	Sec. 1702.084. PUBLIC ACCESS TO CERTAIN RECORDS OF
784	784	DISCIPLINARY ACTIONS. (a) The board [commission] shall make
785	785	available to the public through a toll-free telephone number,
786	786	Internet website, or other easily accessible medium determined by
787	787	the board [commission] the following information relating to a
788	788	disciplinary action taken during the preceding three years
789	789	regarding a person regulated by the board [commission]:
790	790	(1) the identity of the person;
791	791	(2) the nature of the complaint that was the basis of
792	792	the disciplinary action taken against the person; and
793	793	(3) the disciplinary action taken by the board
794	794	[commission].
795	795	(b) In providing the information, the board [commission]
796	796	shall present the information in an impartial manner, use language
797	797	that is commonly understood, and, if possible, avoid jargon
798	798	specific to the security industry.
799	799	(c) The board [commission] shall update the information on a
800	800	monthly basis.
801	801	(d) The board [commission] shall maintain the
802	802	confidentiality of information regarding the identification of a
803	803	complainant.
804	804	SECTION 4.31. Section 1702.103, Occupations Code, is
805	805	amended to read as follows:
806	806	Sec. 1702.103. CLASSIFICATION AND LIMITATION OF LICENSES.
807	807	(a) The license classifications are:
808	808	(1) Class A: investigations company license, covering
809	809	operations of an investigations company;
810	810	(2) Class B: security services contractor license,
811	811	covering operations of a security services contractor;
812	812	(3) Class C: covering the operations included within
813	813	Class A and Class B; [and]
814	814	(4) Class F: level III training school license;
815	815	(5) Class O: alarm level I training school license;
816	816	(6) Class P: private business letter of authority
817	817	license;
818	818	(7) Class X: government letter of authority license;
819	819	and
820	820	(8) Class T: telematics license [Class D: electronic
821	821	access control device license, covering operations of an electronic
822	822	access control device company].
823	823	(b) A [Class A, B, C, or D] license described by this chapter
824	824	does not authorize the license holder to perform a service for which
825	825	the license holder has not qualified. A person may not engage in an
826	826	operation outside the scope of that person's license. The board
827	827	[commission] shall indicate on the license the services the license
828	828	holder is authorized to perform. The license holder may not perform
829	829	a service unless it is indicated on the license.
830	830	(c) A license is not assignable unless the assignment is
831	831	approved in advance by the board [commission].
832	832	(d) The board [commission] shall prescribe by rule the
833	833	procedure under which a license may be terminated.
834	834	(e) The board by rule may establish other license
835	835	classifications for activities expressly regulated by this chapter
836	836	and may establish qualifications and practice requirements
837	837	consistent with this chapter for those license classifications.
838	838	SECTION 4.32. Section 1702.104, Occupations Code, is
839	839	amended to read as follows:
840	840	Sec. 1702.104. INVESTIGATIONS COMPANY. (a) A person acts
841	841	as an investigations company for the purposes of this chapter if the
842	842	person:
843	843	(1) engages in the business of obtaining or
844	844	furnishing, or accepts employment to obtain or furnish, information
845	845	related to:
846	846	(A) crime or wrongs done or threatened against a
847	847	person, state, or the United States;
848	848	(B) the identity, habits, business, occupation,
849	849	knowledge, efficiency, loyalty, movement, location, affiliations,
850	850	associations, transactions, acts, reputation, or character of a
851	851	person;
852	852	(C) the location, disposition, or recovery of
853	853	lost or stolen property; or
854	854	(D) the cause or responsibility for a fire,
855	855	libel, loss, accident, damage, or injury to a person or to property;
856	856	(2) engages in the business of securing, or accepts
857	857	employment to secure, evidence for use before a court, board,
858	858	officer, or investigating committee;
859	859	(3) engages in the business of securing, or accepts
860	860	employment to secure, the electronic tracking of the location of an
861	861	individual or motor vehicle other than for criminal justice
862	862	purposes by or on behalf of a governmental entity; or
863	863	(4) engages in the business of protecting, or accepts
864	864	employment to protect, an individual from bodily harm through the
865	865	use of a personal protection officer.
866	866	(b) For purposes of Subsection (a)(1), obtaining or
867	867	furnishing information includes information obtained or furnished
868	868	through the review and analysis of, and the investigation into the
869	869	content of, computer-based data not available to the public. The
870	870	repair or maintenance of a computer does not constitute an
871	871	investigation for purposes of this section and does not require
872	872	licensing under this chapter if:
873	873	(1) the review or analysis of computer-based data is
874	874	performed only to diagnose a computer or software problem;
875	875	(2) there is no intent to obtain or furnish
876	876	information described by Subsection (a)(1); and
877	877	(3) the discovery of any information described by
878	878	Subsection (a)(1) is inadvertent.
879	879	SECTION 4.33. Section 1702.111, Occupations Code, is
880	880	amended to read as follows:
881	881	Sec. 1702.111. ISSUANCE OF BRANCH OFFICE LICENSE. (a) A
882	882	license holder, in accordance with Section 1702.129, shall notify
883	883	the board [commission] in writing of the establishment of a branch
884	884	office and file in writing with the board [commission] the address
885	885	of the branch office.
886	886	(b) On application by a license holder, the board
887	887	[commission] shall issue a branch office license.
888	888	SECTION 4.34. Sections 1702.113(a) and (c), Occupations
889	889	Code, are amended to read as follows:
890	890	(a) An applicant for a license, certificate of
891	891	registration, endorsement, or security officer commission or the
892	892	applicant's manager must be at least 18 years of age and must not:
893	893	(1) [have been convicted in any jurisdiction of two or
894	894	more felony offenses, unless full pardons have been granted for all
895	895	convictions for reasons relating to wrongful convictions;
896	896	[(2) have been convicted in any jurisdiction of any of
897	897	the following:
898	898	[(A) a single felony or equivalent offense for
899	899	which the 20th anniversary of the date of conviction has not
900	900	occurred before the date of application, unless a full pardon has
901	901	been granted for reasons relating to a wrongful conviction; or
902	902	[(B) a Class A misdemeanor or equivalent offense
903	903	for which the 10th anniversary of the date of conviction has not
904	904	occurred before the date of application, unless a full pardon has
905	905	been granted for reasons relating to a wrongful conviction;
906	906	[(3)] at the time of application be charged with the
907	907	commission of a Class A misdemeanor or felony offense, under an
908	908	information or indictment;
909	909	[(4) in the 10 years preceding the date of
910	910	application, have been adjudicated as having engaged in delinquent
911	911	conduct violating a penal law of the grade of felony;]
912	912	(2) [(5)] have been found by a court to be incompetent
913	913	by reason of a mental defect or disease and not have been restored
914	914	to competency;
915	915	(3) [(6)] have been dishonorably discharged from the
916	916	United States armed services, discharged from the United States
917	917	armed services under other conditions determined by the board to be
918	918	prohibitive, or dismissed from the United States armed services if
919	919	a commissioned officer in the United States armed services; or
920	920	(4) [(7)] be required to register in this or any other
921	921	state as a sex offender, unless the applicant is approved by the
922	922	board under Section 1702.3615.
923	923	(c) For purposes of this section, an offense under the laws
924	924	of this state, another state, or the United States is considered[:
925	925	[(1) a felony if the offense:
926	926	[(A) at the time of conviction was designated by
927	927	a law of this state as a felony, including a state jail felony;
928	928	[(B) contains all the elements of an offense
929	929	designated by a law of this state as a felony, including a state
930	930	jail felony; or
931	931	[(C) is punishable by confinement for one year or
932	932	more in a penitentiary;
933	933	[(2) a Class A misdemeanor if the offense is not a
934	934	felony and the offense:
935	935	[(A) at the time of conviction was designated by
936	936	a law of this state as a Class A misdemeanor;
937	937	[(B) contains all the elements of an offense
938	938	designated by a law of this state as a Class A misdemeanor; or
939	939	[(C) provides as a possible punishment
940	940	confinement in a jail other than a state jail felony facility; or
941	941	[(3)] a Class B misdemeanor if the offense is not a
942	942	felony or Class A misdemeanor and the offense:
943	943	(1) [(A)] at the time of conviction was designated by
944	944	a law of this state as a Class B misdemeanor;
945	945	(2) [(B)] contains all the elements of an offense
946	946	designated by a law of this state as a Class B misdemeanor; or
947	947	(3) [(C)] provides as a possible punishment
948	948	confinement in a jail other than a state jail felony facility.
949	949	SECTION 4.35. Section 1702.114, Occupations Code, is
950	950	amended to read as follows:
951	951	Sec. 1702.114. ADDITIONAL QUALIFICATIONS FOR
952	952	INVESTIGATIONS COMPANY LICENSE. (a) An applicant for a license to
953	953	engage in the business of an investigations company or the
954	954	applicant's manager must have, before the date of the application,
955	955	three consecutive years' experience in the investigative field as
956	956	an employee, manager, or owner of an investigations company or
957	957	satisfy other requirements set by the board [commission].
958	958	(b) The applicant's experience must be:
959	959	(1) reviewed by the board [commission] or the chief
960	960	administrator [director]; and
961	961	(2) determined to be adequate to qualify the applicant
962	962	to engage in the business of an investigations company.
963	963	SECTION 4.36. Section 1702.115, Occupations Code, is
964	964	amended to read as follows:
965	965	Sec. 1702.115. ADDITIONAL QUALIFICATIONS FOR SECURITY
966	966	SERVICES CONTRACTOR LICENSE. (a) An applicant for a license to
967	967	engage in the business of a security services contractor or the
968	968	applicant's manager must have, before the date of the application,
969	969	two consecutive years' experience in each security services field
970	970	for which the person applies as an employee, manager, or owner of a
971	971	security services contractor or satisfy other requirements set by
972	972	the board [commission].
973	973	(b) The applicant's experience must have been obtained
974	974	legally and must be:
975	975	(1) reviewed by the board [commission] or the chief
976	976	administrator [director]; and
977	977	(2) determined to be adequate to qualify the applicant
978	978	to engage in the business of a security services contractor.
979	979	SECTION 4.37. Section 1702.116, Occupations Code, is
980	980	amended to read as follows:
981	981	Sec. 1702.116. QUALIFICATIONS FOR GUARD DOG COMPANY
982	982	LICENSE; INSPECTIONS. (a) An applicant for a license to engage in
983	983	the business of a guard dog company must:
984	984	(1) meet the requirements of Sections 1702.113 and
985	985	1702.115; and
986	986	(2) present evidence satisfactory to the board
987	987	[commission] that the applicant will comply with the rules adopted
988	988	under this section.
989	989	(b) After consulting the [Texas] Department of State Health
990	990	Services, the board [commission] shall adopt rules to ensure that
991	991	the areas in which a guard dog company houses, exercises, or trains
992	992	its animals are securely enclosed by a six-foot chain-link fence or
993	993	made equally secure.
994	994	(c) The board [commission] shall conduct regular
995	995	inspections to ensure compliance with the rules adopted under this
996	996	section.
997	997	SECTION 4.38. Sections 1702.117(a), (c), and (d),
998	998	Occupations Code, are amended to read as follows:
999	999	(a) The board [commission] shall require an applicant for a
1000	1000	license under this chapter or the applicant's manager to
1001	1001	demonstrate qualifications in the person's license classification,
1002	1002	including knowledge of applicable state laws and board [commission]
1003	1003	rules, by taking an examination to be determined by the board
1004	1004	[commission].
1005	1005	(c) The board [commission] shall set the reexamination fee
1006	1006	in an amount not to exceed the amount of the renewal fee for the
1007	1007	license classification for which application was made.
1008	1008	(d) The board [commission] shall develop and provide to a
1009	1009	person who applies to take the examination under Subsection (a)
1010	1010	material containing all applicable state laws and board
1011	1011	[commission] rules.
1012	1012	SECTION 4.39. Section 1702.118, Occupations Code, is
1013	1013	amended to read as follows:
1014	1014	Sec. 1702.118. EXAMINATION RESULTS. (a) Not later than the
1015	1015	30th day after the date a person takes a licensing examination under
1016	1016	this chapter, the board [commission] shall notify the person of the
1017	1017	examination results.
1018	1018	(b) If an examination is graded or reviewed by a testing
1019	1019	service:
1020	1020	(1) the board [commission] shall notify the person of
1021	1021	the examination results not later than the 14th day after the date
1022	1022	the board [commission] receives the results from the testing
1023	1023	service; and
1024	1024	(2) if notice of the examination results will be
1025	1025	delayed for longer than 90 days after the examination date, the
1026	1026	board [commission] shall notify the person of the reason for the
1027	1027	delay before the 90th day.
1028	1028	(c) The board [commission] may require a testing service to
1029	1029	notify a person of the results of the person's examination.
1030	1030	(d) If requested in writing by a person who fails a
1031	1031	licensing examination administered under this chapter, the board
1032	1032	[commission] shall furnish the person with an analysis of the
1033	1033	person's performance on the examination.
1034	1034	SECTION 4.40. Section 1702.1183, Occupations Code, is
1035	1035	amended to read as follows:
1036	1036	Sec. 1702.1183. RECIPROCAL LICENSE FOR CERTAIN FOREIGN
1037	1037	APPLICANTS. (a) The board [commission] may waive any prerequisite
1038	1038	to obtaining a license for an applicant who holds a license issued
1039	1039	by another jurisdiction with which this state has a reciprocity
1040	1040	agreement.
1041	1041	(b) The board [commission] may make an agreement, subject to
1042	1042	the approval of the governor, with another state to allow for
1043	1043	licensing by reciprocity.
1044	1044	SECTION 4.41. Section 1702.1186, Occupations Code, is
1045	1045	amended to read as follows:
1046	1046	Sec. 1702.1186. PROVISIONAL LICENSE. (a) The board
1047	1047	[commission] may issue a provisional license to an applicant
1048	1048	currently licensed in another jurisdiction who seeks an equivalent
1049	1049	license in this state and who:
1050	1050	(1) has been licensed in good standing as an
1051	1051	investigations company or security services contractor for at least
1052	1052	two years in another jurisdiction, including a foreign country,
1053	1053	that has licensing requirements substantially equivalent to the
1054	1054	requirements of this chapter;
1055	1055	(2) has passed a national or other examination
1056	1056	recognized by the board [commission] relating to the practice of
1057	1057	private investigations or security services contracting; and
1058	1058	(3) is sponsored by a person licensed by the board
1059	1059	[commission] under this chapter with whom the provisional license
1060	1060	holder will practice during the time the person holds a provisional
1061	1061	license.
1062	1062	(b) A provisional license is valid until the date the board
1063	1063	[commission] approves or denies the provisional license holder's
1064	1064	application for a license. The board [commission] shall issue a
1065	1065	license under this chapter to the provisional license holder if:
1066	1066	(1) the provisional license holder is eligible to be
1067	1067	licensed under Section 1702.1183; or
1068	1068	(2) the provisional license holder:
1069	1069	(A) passes the part of the examination under
1070	1070	Section 1702.117(a) that relates to the applicant's knowledge and
1071	1071	understanding of the laws and rules relating to the practice of an
1072	1072	investigations company or security services contractor in this
1073	1073	state;
1074	1074	(B) is verified by the board [commission] as
1075	1075	meeting the academic and experience requirements for a license
1076	1076	under this chapter; and
1077	1077	(C) satisfies any other licensing requirements
1078	1078	under this chapter.
1079	1079	(c) The board [commission] must approve or deny a
1080	1080	provisional license holder's application for a license not later
1081	1081	than the 180th day after the date the provisional license is issued.
1082	1082	The board [commission] may extend the 180-day period if the results
1083	1083	of an examination have not been received by the board [commission]
1084	1084	before the end of that period.
1085	1085	(d) The board [commission] may establish a fee for
1086	1086	provisional licenses in an amount reasonable and necessary to cover
1087	1087	the cost of issuing the license.
1088	1088	SECTION 4.42. Section 1702.120(b), Occupations Code, is
1089	1089	amended to read as follows:
1090	1090	(b) An individual may not apply to the board [commission] to
1091	1091	serve as manager of an investigations company, guard company, alarm
1092	1092	systems company, armored car company, courier company, or guard dog
1093	1093	company without the intent to maintain that supervisory position on
1094	1094	a daily basis for that company.
1095	1095	SECTION 4.43. Section 1702.122, Occupations Code, is
1096	1096	amended to read as follows:
1097	1097	Sec. 1702.122. TEMPORARY CONTINUATION OF LICENSE HOLDER'S
1098	1098	BUSINESS. Under the terms provided by board [commission] rule, a
1099	1099	license holder's business may continue for a temporary period if
1100	1100	the individual on the basis of whose qualifications a license under
1101	1101	this chapter has been obtained ceases to be connected with the
1102	1102	license holder.
1103	1103	SECTION 4.44. Section 1702.123, Occupations Code, is
1104	1104	amended to read as follows:
1105	1105	Sec. 1702.123. INSURANCE; BOND. (a) A license holder shall
1106	1106	maintain on file with the board [commission] at all times the surety
1107	1107	bond and certificate of insurance required by this chapter.
1108	1108	(b) The board [commission] shall immediately suspend the
1109	1109	license of a license holder who violates Subsection (a).
1110	1110	(c) The board [commission] may rescind the license
1111	1111	suspension if the license holder provides proof to the board
1112	1112	[commission] that the bond or the insurance coverage is still in
1113	1113	effect. The license holder must provide the proof in a form
1114	1114	satisfactory to the board [commission] not later than the 10th day
1115	1115	after the date the license is suspended.
1116	1116	(d) After suspension of the license, the board [commission]
1117	1117	may not reinstate the license until an application, in the form
1118	1118	prescribed by the board [commission], is filed accompanied by a
1119	1119	proper bond, insurance certificate, or both. The board
1120	1120	[commission] may deny the application notwithstanding the
1121	1121	applicant's compliance with this section:
1122	1122	(1) for a reason that would justify suspending,
1123	1123	revoking, or denying a license; or
1124	1124	(2) if, during the suspension, the applicant performs
1125	1125	a practice for which a license is required.
1126	1126	SECTION 4.45. Section 1702.125, Occupations Code, is
1127	1127	amended to read as follows:
1128	1128	Sec. 1702.125. BOND REQUIREMENT. A bond executed and filed
1129	1129	with the board [commission] under this chapter remains in effect
1130	1130	until the surety terminates future liability by providing to the
1131	1131	board [commission] at least 30 days' notice of the intent to
1132	1132	terminate liability.
1133	1133	SECTION 4.46. Section 1702.129, Occupations Code, is
1134	1134	amended to read as follows:
1135	1135	Sec. 1702.129. NOTICE OF CERTAIN CHANGES; BRANCH OFFICES.
1136	1136	(a) A license holder shall notify the board [commission] not later
1137	1137	than the 14th day after the date of:
1138	1138	(1) a change of address for the license holder's
1139	1139	principal place of business;
1140	1140	(2) a change of a name under which the license holder
1141	1141	does business; or
1142	1142	(3) a change in the license holder's officers or
1143	1143	partners.
1144	1144	(b) A license holder shall notify the board [commission] in
1145	1145	writing not later than the 14th day after the date a branch office:
1146	1146	(1) is established;
1147	1147	(2) is closed; or
1148	1148	(3) changes address or location.
1149	1149	SECTION 4.47. Section 1702.131, Occupations Code, is
1150	1150	amended to read as follows:
1151	1151	Sec. 1702.131. ADVERTISING. An advertisement by a license
1152	1152	holder soliciting or advertising business must contain the license
1153	1153	holder's company name and address as stated in board [commission]
1154	1154	records.
1155	1155	SECTION 4.48. Section 1702.161(b), Occupations Code, is
1156	1156	amended to read as follows:
1157	1157	(b) An individual employed as a security officer may not
1158	1158	knowingly carry a firearm during the course of performing duties as
1159	1159	a security officer unless the board [commission] has issued a
1160	1160	security officer commission to the individual.
1161	1161	SECTION 4.49. Section 1702.162, Occupations Code, is
1162	1162	amended to read as follows:
1163	1163	Sec. 1702.162. EMPLOYER'S APPLICATION FOR SECURITY OFFICER
1164	1164	COMMISSION. The employer of a security officer who applies for a
1165	1165	security officer commission for the officer must submit an
1166	1166	application to the board [commission] on a form provided by the
1167	1167	board [commission].
1168	1168	SECTION 4.50. Section 1702.165, Occupations Code, is
1169	1169	amended to read as follows:
1170	1170	Sec. 1702.165. ISSUANCE OF SECURITY OFFICER COMMISSION;
1171	1171	POCKET CARD. (a) The board [commission], with the concurrence of
1172	1172	the department [Texas Department of Public Safety]:
1173	1173	(1) may issue a security officer commission to an
1174	1174	individual employed as a uniformed security officer; and
1175	1175	(2) shall issue a security officer commission to a
1176	1176	qualified employee of an armored car company that is a carrier
1177	1177	conducting the armored car business under a federal or state permit
1178	1178	or certificate.
1179	1179	(b) A security officer commission issued under this section
1180	1180	must be in the form of a pocket card designed by the board
1181	1181	[commission] that identifies the security officer.
1182	1182	SECTION 4.51. Section 1702.167, Occupations Code, is
1183	1183	amended to read as follows:
1184	1184	Sec. 1702.167. TERMINATION OF EMPLOYMENT AS COMMISSIONED
1185	1185	SECURITY OFFICER; TRANSFER OF COMMISSION. The holder of a security
1186	1186	officer commission who terminates employment with one employer may
1187	1187	transfer the individual's commission to a new employer if, not
1188	1188	later than the 14th day after the date the individual begins the new
1189	1189	employment, the new employer notifies the board [commission] of the
1190	1190	transfer of employment on a form prescribed by the board
1191	1191	[commission], accompanied by payment of the employee information
1192	1192	update fee.
1193	1193	SECTION 4.52. Sections 1702.1675(a), (b), (c), (d), (e),
1194	1194	(f), and (i), Occupations Code, are amended to read as follows:
1195	1195	(a) The board [commission] shall establish a basic training
1196	1196	course for commissioned security officers. The course must
1197	1197	include, at a minimum:
1198	1198	(1) general security officer training issues;
1199	1199	(2) classroom instruction on handgun proficiency; and
1200	1200	(3) range instruction on handgun proficiency.
1201	1201	(b) The course must be offered and taught by schools and
1202	1202	instructors approved by the board [commission]. To receive board
1203	1203	[commission] approval, a school or an instructor must submit an
1204	1204	application to the board [commission] on a form provided by the
1205	1205	board [commission].
1206	1206	(c) The basic training course approved by the board
1207	1207	[commission] must consist of a minimum of 30 hours.
1208	1208	(d) The general security officer training portion of the
1209	1209	course must include instruction on:
1210	1210	(1) board [commission] rules and applicable state
1211	1211	laws;
1212	1212	(2) field note taking and report writing; and
1213	1213	(3) any other topics of security officer training
1214	1214	curriculum the board [commission] considers necessary.
1215	1215	(e) The board [commission] shall develop a commissioned
1216	1216	security officer training manual that contains applicable state
1217	1217	laws and board [commission] rules to be used in the instruction and
1218	1218	training of commissioned security officers.
1219	1219	(f) The board [commission] shall adopt rules necessary to
1220	1220	administer the provisions of this section concerning the training
1221	1221	requirements of this chapter.
1222	1222	(i) The board [commission] by rule shall establish minimum
1223	1223	standards for handgun proficiency that are at least as stringent as
1224	1224	the standards for handgun proficiency developed by the public
1225	1225	safety director under Section 411.188, Government Code.
1226	1226	SECTION 4.53. Section 1702.168, Occupations Code, is
1227	1227	amended to read as follows:
1228	1228	Sec. 1702.168. FIREARM REQUIREMENTS. (a) In addition to
1229	1229	the requirements of Section 1702.163(a), the board [commission] by
1230	1230	rule shall establish other qualifications for individuals who are
1231	1231	employed in positions requiring the carrying of firearms. The
1232	1232	qualifications may include:
1233	1233	(1) physical and mental standards;
1234	1234	(2) standards of good moral character; and
1235	1235	(3) other requirements that relate to the competency
1236	1236	and reliability of individuals to carry firearms.
1237	1237	(b) The board [commission] shall prescribe appropriate
1238	1238	forms and adopt rules by which evidence is presented that the
1239	1239	requirements are fulfilled.
1240	1240	SECTION 4.54. Sections 1702.1685(b) and (d), Occupations
1241	1241	Code, are amended to read as follows:
1242	1242	(b) Only a board-approved [commission-approved] instructor
1243	1243	may administer the handgun proficiency examination.
1244	1244	(d) The school shall maintain the records of the required
1245	1245	proficiency and make the records available for inspection by the
1246	1246	board [commission].
1247	1247	SECTION 4.55. Section 1702.171, Occupations Code, is
1248	1248	amended to read as follows:
1249	1249	Sec. 1702.171. SECURITY OFFICER COMMISSION RECORDS. The
1250	1250	board [commission] shall adopt rules for the maintenance of records
1251	1251	relating to an individual to whom the board [commission] has issued
1252	1252	a security officer commission.
1253	1253	SECTION 4.56. Section 1702.183, Occupations Code, is
1254	1254	amended to read as follows:
1255	1255	Sec. 1702.183. APPLICATION FOR LETTER OF AUTHORITY. A
1256	1256	security department of a private business or of a political
1257	1257	subdivision that applies for a security officer commission for an
1258	1258	individual employed by the security department must submit an
1259	1259	application to the board [commission] for a letter of authority on a
1260	1260	form provided by the board [commission].
1261	1261	SECTION 4.57. The heading to Subchapter I, Chapter 1702,
1262	1262	Occupations Code, is amended to read as follows:
1263	1263	SUBCHAPTER I. PERSONAL PROTECTION OFFICER ENDORSEMENT
1264	1264	[AUTHORIZATION] REQUIREMENTS
1265	1265	SECTION 4.58. Section 1702.203, Occupations Code, is
1266	1266	amended to read as follows:
1267	1267	Sec. 1702.203. APPLICATION FOR PERSONAL PROTECTION OFFICER
1268	1268	ENDORSEMENT [AUTHORIZATION]. An applicant for a personal
1269	1269	protection officer endorsement [authorization] must submit a
1270	1270	written application on a form prescribed by the board [commission].
1271	1271	SECTION 4.59. Section 1702.204, Occupations Code, is
1272	1272	amended to read as follows:
1273	1273	Sec. 1702.204. PERSONAL PROTECTION OFFICER ENDORSEMENT
1274	1274	[AUTHORIZATION]; QUALIFICATIONS. (a) An applicant for a personal
1275	1275	protection officer endorsement [authorization] must be at least 21
1276	1276	years of age and must provide:
1277	1277	(1) a certificate of completion of the basic security
1278	1278	officer training course;
1279	1279	(2) proof that the applicant:
1280	1280	(A) has been issued a security officer
1281	1281	commission;
1282	1282	(B) is employed at the time of application by an
1283	1283	investigations company or guard company licensed by the board
1284	1284	[commission]; and
1285	1285	(C) has completed the required training in
1286	1286	nonlethal self-defense or defense of a third person; and
1287	1287	(3) proof of completion and the results of the
1288	1288	Minnesota Multiphasic Personality Inventory psychological testing.
1289	1289	(b) The board [commission] by rule shall require an
1290	1290	applicant for a personal protection officer endorsement
1291	1291	[authorization] to complete the Minnesota Multiphasic Personality
1292	1292	Inventory test. The board [commission] may use the results of the
1293	1293	test to evaluate the applicant's psychological fitness.
1294	1294	SECTION 4.60. Section 1702.205(a), Occupations Code, is
1295	1295	amended to read as follows:
1296	1296	(a) The board [commission] shall establish a 15-hour course
1297	1297	for a personal protection officer consisting of training in
1298	1298	nonlethal self-defense or defense of a third person.
1299	1299	SECTION 4.61. Section 1702.221, Occupations Code, is
1300	1300	amended to read as follows:
1301	1301	Sec. 1702.221. REGISTRATION AND ENDORSEMENT REQUIRED. (a)
1302	1302	To perform any activity regulated by this chapter, the individual
1303	1303	must:
1304	1304	(1) register in accordance with the requirements of
1305	1305	this chapter and related administrative rules;
1306	1306	(2) obtain the proper endorsement under Subsection
1307	1307	(b); and
1308	1308	(3) be employed by a company licensed under this
1309	1309	chapter.
1310	1310	(b) An individual must obtain the appropriate endorsement
1311	1311	[register] in accordance with the requirements of this chapter and
1312	1312	related administrative rules if the individual:
1313	1313	(1) is employed as:
1314	1314	(A) an alarm instructor;
1315	1315	(B) an alarm systems installer;
1316	1316	(C) an [,] alarm systems monitor;
1317	1317	(D) an [,] electronic access control device
1318	1318	installer;
1319	1319	(E) a level 3 classroom or firearm instructor;
1320	1320	(F) a [,] locksmith;
1321	1321	(G) a [,] dog trainer;
1322	1322	(H) a [,] manager or branch office manager;
1323	1323	(I) a [,] noncommissioned security officer;
1324	1324	(J) a level 4 personal protection instructor;
1325	1325	(K) a [,] private investigator;
1326	1326	(L) a [,] private security consultant;
1327	1327	(M) a [, or] security salesperson; or
1328	1328	(N) an individual whose duties include
1329	1329	performing another activity for which an endorsement is required
1330	1330	under Subsection (e); or
1331	1331	(2) is an owner who oversees the security-related
1332	1332	aspects of the business, officer, partner, or shareholder of a
1333	1333	license holder.
1334	1334	(c) [(b)] Registration and endorsement under this chapter
1335	1335	does not preclude an individual from performing additional duties
1336	1336	or services authorized by the individual's employer that are not
1337	1337	regulated by this chapter. An individual who performs more than one
1338	1338	of the services that require an endorsement under this section must
1339	1339	obtain an endorsement for each service.
1340	1340	(d) In addition to the services listed in Subsection (b), a
1341	1341	person holding a security officer commission must also obtain an
1342	1342	endorsement for personal protection if the individual performs the
1343	1343	services described by Section 1702.202.
1344	1344	(e) The board by rule may require a person to hold an
1345	1345	endorsement for performing other activity expressly regulated by
1346	1346	this chapter.
1347	1347	SECTION 4.62. Section 1702.2226(b), Occupations Code, is
1348	1348	amended to read as follows:
1349	1349	(b) A person registered as an electronic access control
1350	1350	device installer may not install alarm systems unless the person
1351	1351	holds an endorsement [is registered] under this chapter as an alarm
1352	1352	systems installer.
1353	1353	SECTION 4.63. The heading to Subchapter J, Chapter 1702,
1354	1354	Occupations Code, is amended to read as follows:
1355	1355	SUBCHAPTER J. REGISTRATION AND ENDORSEMENT REQUIREMENTS;
1356	1356	[REGISTRANT] DUTIES OF REGISTRANT AND ENDORSEMENT HOLDER
1357	1357	SECTION 4.64. Section 1702.228, Occupations Code, is
1358	1358	amended to read as follows:
1359	1359	Sec. 1702.228. EMPLOYEE OF LICENSE HOLDER; REGISTRATION
1360	1360	PERMITTED. An employee of a license holder who is employed in a
1361	1361	capacity that is not subject to mandatory registration under this
1362	1362	subchapter may register with the board [commission].
1363	1363	SECTION 4.65. The heading to Section 1702.230, Occupations
1364	1364	Code, is amended to read as follows:
1365	1365	Sec. 1702.230. APPLICATION FOR REGISTRATION OR
1366	1366	ENDORSEMENT.
1367	1367	SECTION 4.66. Section 1702.230(a), Occupations Code, is
1368	1368	amended to read as follows:
1369	1369	(a) An application for registration or endorsement must be
1370	1370	verified and include:
1371	1371	(1) the applicant's full name, residence address,
1372	1372	residence telephone number, date and place of birth, and social
1373	1373	security number;
1374	1374	(2) a statement that:
1375	1375	(A) lists each name used by the applicant, other
1376	1376	than the name by which the applicant is known at the time of
1377	1377	application, and an explanation stating each place where each name
1378	1378	was used, the date of each use, and a full explanation of the
1379	1379	reasons the name was used; or
1380	1380	(B) states that the applicant has never used a
1381	1381	name other than the name by which the applicant is known at the time
1382	1382	of application;
1383	1383	(3) the name and address of the applicant's employer
1384	1384	and, if applicable, the applicant's consulting firm;
1385	1385	(4) the date the employment commenced;
1386	1386	(5) a letter from the license holder requesting that
1387	1387	the applicant be registered or endorsed;
1388	1388	(6) the title of the position occupied by the
1389	1389	applicant and a description of the applicant's duties; and
1390	1390	(7) any other information, evidence, statement, or
1391	1391	document required by the board [commission].
1392	1392	SECTION 4.67. Section 1702.2305, Occupations Code, is
1393	1393	amended to read as follows:
1394	1394	Sec. 1702.2305. PROVISIONAL REGISTRATION. (a) The board
1395	1395	[commission] may issue a provisional registration to an applicant
1396	1396	currently registered in another jurisdiction who seeks an
1397	1397	equivalent registration in this state and who:
1398	1398	(1) has been registered in good standing in the field
1399	1399	in which the registration is sought for at least two years in
1400	1400	another jurisdiction, including a foreign country, that has
1401	1401	registration requirements substantially equivalent to the
1402	1402	requirements of this chapter;
1403	1403	(2) has passed a national or other examination
1404	1404	recognized by the board [commission] relating to practice in the
1405	1405	field in which the registration is sought; and
1406	1406	(3) is employed by a person licensed by the board
1407	1407	[commission] under this chapter with whom the provisional
1408	1408	registration holder will practice during the time the person holds
1409	1409	a provisional registration.
1410	1410	(b) A provisional registration is valid until the date the
1411	1411	board [commission] approves or denies the provisional registration
1412	1412	holder's application for a registration. The board [commission]
1413	1413	shall issue a registration under this chapter to the provisional
1414	1414	registration holder if the provisional registration holder is
1415	1415	eligible to be registered under this chapter.
1416	1416	(c) The board [commission] must approve or deny a
1417	1417	provisional registration holder's application for a registration
1418	1418	not later than the 180th day after the date the provisional
1419	1419	registration is issued. The board [commission] may extend the
1420	1420	180-day period if the results of an examination have not been
1421	1421	received by the board [commission] before the end of that period.
1422	1422	(d) The board [commission] may establish a fee for
1423	1423	provisional registration in an amount reasonable and necessary to
1424	1424	cover the cost of issuing the registration.
1425	1425	SECTION 4.68. Section 1702.232, Occupations Code, is
1426	1426	amended to read as follows:
1427	1427	Sec. 1702.232. POCKET CARDS. (a) The board [commission]
1428	1428	shall issue a pocket card for each registrant under this chapter. A
1429	1429	pocket card for an owner, officer, partner, or shareholder of a
1430	1430	license holder shall be issued to the license holder.
1431	1431	(b) The board [commission] shall determine the size,
1432	1432	design, and content of the pocket card.
1433	1433	(c) The pocket card must:
1434	1434	(1) state the name of the registrant;
1435	1435	(2) contain a color photograph, affixed to the pocket
1436	1436	card by the board at the time the card is issued, and the signature
1437	1437	of the registrant; [and]
1438	1438	(3) state the date the card was issued and the card's
1439	1439	expiration date; and
1440	1440	(4) state each endorsement held by the registrant and
1441	1441	the date the endorsement expires.
1442	1442	SECTION 4.69. Section 1702.234, Occupations Code, is
1443	1443	amended to read as follows:
1444	1444	Sec. 1702.234. REGISTRATION AND ENDORSEMENT TRANSFER. A
1445	1445	registrant may transfer the registrant's registration and
1446	1446	endorsements from one employer to another employer if, not later
1447	1447	than the 14th day after the date the registrant begins the new
1448	1448	employment, the new employer notifies the board [commission] of the
1449	1449	transfer of employment on a form prescribed by the board
1450	1450	[commission] accompanied by payment of the employee information
1451	1451	update fee.
1452	1452	SECTION 4.70. Section 1702.235, Occupations Code, is
1453	1453	amended to read as follows:
1454	1454	Sec. 1702.235. PREEMPLOYMENT CHECK FOR NONCOMMISSIONED
1455	1455	SECURITY OFFICERS. A person may not hire a noncommissioned
1456	1456	security officer unless the person conducts a preemployment check
1457	1457	as required by board [commission] rule.
1458	1458	SECTION 4.71. Section 1702.236, Occupations Code, is
1459	1459	amended to read as follows:
1460	1460	Sec. 1702.236. EXAMINATION AND TRAINING REQUIREMENTS FOR
1461	1461	ELECTRONIC ACCESS CONTROL DEVICE INSTALLERS. (a) The board
1462	1462	[commission] shall require an individual who applies for an
1463	1463	endorsement [registration] as an electronic access control device
1464	1464	installer to pass an examination given by the board [commission] or
1465	1465	a person approved by the board [commission]. The examination must
1466	1466	cover material related to access control.
1467	1467	(b) [(c)] On and after September 1, 2005, the board
1468	1468	[commission] by rule may allow an electronic access control device
1469	1469	installer to obtain or renew an endorsement [a certificate of
1470	1470	registration] by fulfilling the requirements of a board-approved
1471	1471	[commission-approved], industry-based educational training
1472	1472	program.
1473	1473	SECTION 4.72. Sections 1702.239(a), (b), and (d),
1474	1474	Occupations Code, are amended to read as follows:
1475	1475	(a) The board [commission] may require that an individual
1476	1476	employed as an alarm systems installer or security salesperson hold
1477	1477	a certification by a board-approved [commission-approved] training
1478	1478	program to renew an endorsement [an initial registration]. The
1479	1479	board [commission] may approve only nationally recognized training
1480	1480	programs that consist of at least 16 hours of classroom study in the
1481	1481	areas of work allowed by the endorsement [registration]. To be
1482	1482	approved, a training program must offer at least two certification
1483	1483	programs each year, sufficient to complete the requirements of this
1484	1484	subsection, within 100 miles of each county in the state that has a
1485	1485	population of more than 500,000.
1486	1486	(b) The board [commission] may require an individual who has
1487	1487	completed a training program under Subsection (a) to pass an
1488	1488	examination given by the board [commission] or by a person approved
1489	1489	by the board [commission]. The board [commission] may approve
1490	1490	examinations in conjunction with training programs approved under
1491	1491	Subsection (a). The individual's performance on the examination
1492	1492	must demonstrate the individual's qualifications to perform the
1493	1493	duties allowed by the individual's endorsement [registration].
1494	1494	(d) If the board [commission] requires certification or
1495	1495	examination under this section, the board [commission] shall
1496	1496	implement rules to require that to renew an endorsement [a
1497	1497	registration], an individual who is employed as an alarm systems
1498	1498	installer or a security salesperson and who has already once
1499	1499	renewed the endorsement [registration] must obtain continuing
1500	1500	education credits related to the line of work for which the
1501	1501	individual is licensed. If the board [commission] requires the
1502	1502	continuing education, the chief administrator [director] must
1503	1503	approve classes offered by nationally recognized organizations,
1504	1504	and participants in the classes must qualify according to board
1505	1505	[commission] rules.
1506	1506	SECTION 4.73. Section 1702.240(b), Occupations Code, is
1507	1507	amended to read as follows:
1508	1508	(b) An employee of a license holder who is employed
1509	1509	exclusively as an undercover agent is not required to register with
1510	1510	the board [commission].
1511	1511	SECTION 4.74. Subchapter J, Chapter 1702, Occupations Code,
1512	1512	is amended by adding Section 1702.241 to read as follows:
1513	1513	Sec. 1702.241. JURISPRUDENCE EXAMINATION. (a) The board
1514	1514	may develop and administer at least twice each calendar year a
1515	1515	jurisprudence examination to determine the knowledge that an
1516	1516	applicant for an endorsement has of this chapter, board rules, and
1517	1517	any other applicable laws of this state affecting the applicant's
1518	1518	activities regulated under this chapter.
1519	1519	(b) Before the board may administer a jurisprudence
1520	1520	examination under this section, the board shall adopt rules to
1521	1521	implement this section, including rules related to the development
1522	1522	and administration of the examination, examination fees,
1523	1523	guidelines for reexamination, grading the examination, and
1524	1524	providing notice of examination results. The board may design
1525	1525	different examinations for different types of endorsements.
1526	1526	SECTION 4.75. Sections 1702.282(c) and (e), Occupations
1527	1527	Code, are amended to read as follows:
1528	1528	(c) A license, registration, security officer commission,
1529	1529	letter of approval, permit, endorsement, or certification issued by
1530	1530	the board is conditional on the board's receipt of criminal history
1531	1531	record information.
1532	1532	(e) On receipt of notice that a check of the applicant's
1533	1533	criminal record has uncovered an unresolved and potentially
1534	1534	disqualifying arrest that occurred before the 10th anniversary of
1535	1535	the date the application is filed, the applicant must provide a
1536	1536	letter of reference from the county sheriff, prosecuting attorney,
1537	1537	or judge of the county in which the applicant was arrested stating
1538	1538	that a record of a disposition related to the arrest does not exist,
1539	1539	and to the best of the county sheriff's, prosecuting attorney's, or
1540	1540	judge's knowledge the applicant is free of any disqualifying
1541	1541	convictions. If the applicant fails to provide either the letter of
1542	1542	reference or documentary proof of the final disposition of the
1543	1543	arrest, the application is considered incomplete and the applicant
1544	1544	may not be issued a license, commission, endorsement, or
1545	1545	certificate of registration under this chapter.
1546	1546	SECTION 4.76. Section 1702.283, Occupations Code, is
1547	1547	amended to read as follows:
1548	1548	Sec. 1702.283. CRUELTY TO ANIMALS. A person who has been
1549	1549	convicted of cruelty to animals under Section 42.09 or 42.092,
1550	1550	Penal Code:
1551	1551	(1) is ineligible for a license as a guard dog company
1552	1552	or for endorsement [registration] as a dog trainer; and
1553	1553	(2) may not be employed to work with dogs as a security
1554	1554	officer by a security services contractor or security department of
1555	1555	a private business that uses dogs to protect individuals or
1556	1556	property or to conduct investigations.
1557	1557	SECTION 4.77. Section 1702.285, Occupations Code, is
1558	1558	amended to read as follows:
1559	1559	Sec. 1702.285. FALSE REPRESENTATION. A person may not
1560	1560	represent falsely that the person:
1561	1561	(1) is employed by a license holder; or
1562	1562	(2) is licensed, registered, endorsed, or
1563	1563	commissioned under this chapter.
1564	1564	SECTION 4.78. Sections 1702.301(c), (d), (e), (f), (g), and
1565	1565	(h), Occupations Code, are amended to read as follows:
1566	1566	(c) A personal protection officer endorsement
1567	1567	[authorization] expires on the expiration date of the security
1568	1568	officer commission under which the individual's endorsement
1569	1569	[authorization] is issued.
1570	1570	(d) Endorsement [Registration] as a private investigator,
1571	1571	manager, branch office manager, alarm systems installer, security
1572	1572	consultant, security salesperson, alarm systems monitor, or dog
1573	1573	trainer expires on the second anniversary of the date of
1574	1574	endorsement [registration].
1575	1575	(e) Endorsement [Registration] as an owner, officer,
1576	1576	partner, or shareholder of a license holder expires on the second
1577	1577	anniversary of the date of endorsement [registration].
1578	1578	(f) Endorsement [Registration] as a noncommissioned
1579	1579	security officer expires on the second anniversary of the date of
1580	1580	endorsement [registration].
1581	1581	(g) A letter of authority, or a school approval or school
1582	1582	instructor approval letter issued by the board [commission],
1583	1583	expires on the first anniversary of the date of issuance.
1584	1584	(h) A license, [or] registration, or endorsement issued
1585	1585	under this chapter, other than one specified in this section,
1586	1586	expires on the date specified by this chapter or by board
1587	1587	[commission] rule.
1588	1588	SECTION 4.79. Section 1702.302, Occupations Code, is
1589	1589	amended to read as follows:
1590	1590	Sec. 1702.302. LICENSE RENEWAL. (a) A person who is
1591	1591	otherwise eligible to renew a license may renew an unexpired
1592	1592	license by paying the required renewal fee to the board
1593	1593	[commission] before the expiration date of the license. A person
1594	1594	whose license has expired may not engage in activities that require
1595	1595	a license until the license has been renewed.
1596	1596	(b) A person whose license has been expired for 90 days or
1597	1597	less may renew the license by paying to the board [commission] a
1598	1598	renewal fee that is equal to 1-1/2 times the normally required
1599	1599	renewal fee.
1600	1600	(c) A person whose license has been expired for longer than
1601	1601	90 days but less than one year may renew the license by paying to the
1602	1602	board [commission] a renewal fee that is equal to two times the
1603	1603	normally required renewal fee.
1604	1604	(d) A person whose license has been expired for one year or
1605	1605	more may not renew the license. The person may obtain a new license
1606	1606	by complying with the requirements and procedures, including the
1607	1607	examination requirements, for obtaining an original license.
1608	1608	(e) Not later than the 30th day before the date a person's
1609	1609	license is scheduled to expire, the board [commission] shall send
1610	1610	written notice of the impending expiration to the person at the
1611	1611	person's last known address according to the board's [commission's]
1612	1612	records.
1613	1613	SECTION 4.80. Section 1702.303, Occupations Code, is
1614	1614	amended to read as follows:
1615	1615	Sec. 1702.303. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE
1616	1616	PRACTITIONER. A person who was licensed in this state, moved to
1617	1617	another state, and is currently licensed and has been in practice in
1618	1618	the other state for the two years preceding the date the person
1619	1619	applies for renewal may obtain a new license without reexamination.
1620	1620	The person must pay to the board [commission] a fee that is equal to
1621	1621	two times the normally required renewal fee for the license.
1622	1622	SECTION 4.81. Section 1702.304, Occupations Code, is
1623	1623	amended to read as follows:
1624	1624	Sec. 1702.304. STAGGERED RENEWAL; PRORATION OF LICENSE FEE.
1625	1625	The board [commission] by rule may adopt a system under which
1626	1626	licenses expire on various dates during the year. For the year in
1627	1627	which the expiration date of a license is changed, the board
1628	1628	[commission] shall prorate license fees on a monthly basis so that
1629	1629	each license holder pays only that portion of the license fee that
1630	1630	is allocable to the number of months during which the license is
1631	1631	valid. On renewal of the license on the new expiration date, the
1632	1632	total license renewal fee is payable.
1633	1633	SECTION 4.82. Section 1702.307, Occupations Code, is
1634	1634	amended to read as follows:
1635	1635	Sec. 1702.307. REGISTRATION RENEWAL. (a) An individual
1636	1636	who is otherwise eligible to renew a registration may renew an
1637	1637	unexpired registration by paying the required renewal fee to the
1638	1638	board [commission] before the expiration date of the registration.
1639	1639	An individual whose registration has expired may not engage in
1640	1640	activities that require a registration until the registration has
1641	1641	been renewed.
1642	1642	(b) An individual whose registration has been expired for 90
1643	1643	days or less may renew the registration by paying to the board
1644	1644	[commission] a renewal fee that is equal to 1-1/2 times the normally
1645	1645	required renewal fee.
1646	1646	(c) An individual whose registration has been expired for
1647	1647	more than 90 days but less than one year may renew the registration
1648	1648	by paying to the board [commission] a renewal fee that is equal to
1649	1649	two times the normally required renewal fee.
1650	1650	(d) An individual whose registration has been expired for
1651	1651	one year or more may not renew the registration. The individual may
1652	1652	obtain a new registration by complying with the requirements and
1653	1653	procedures, including any examination required by the board
1654	1654	[commission], for obtaining an original registration.
1655	1655	(e) An individual who was registered in this state, moved to
1656	1656	another state, and is currently registered and has been in practice
1657	1657	in the other state for the two years preceding the date of
1658	1658	application may obtain a new registration without reexamination.
1659	1659	The individual must pay to the board [commission] a fee that is
1660	1660	equal to two times the normally required renewal fee for the
1661	1661	registration.
1662	1662	(f) Not later than the 30th day before the expiration date
1663	1663	of an individual's registration, the board [commission] shall send
1664	1664	written notice of the impending expiration to the individual at the
1665	1665	individual's last known address according to board [commission]
1666	1666	records.
1667	1667	SECTION 4.83. Sections 1702.308(b) and (c), Occupations
1668	1668	Code, are amended to read as follows:
1669	1669	(b) The board [commission] shall recognize, prepare, or
1670	1670	administer continuing education programs for license holders,
1671	1671	commissioned security officers, and endorsement holders
1672	1672	[registrants]. The board [commission] shall set the minimum number
1673	1673	of hours that must be completed and the types of programs that may
1674	1674	be offered.
1675	1675	(c) A license holder, commissioned security officer, or
1676	1676	endorsement holder [registrant] must participate in the programs to
1677	1677	the extent required by the board [commission] to keep the person's
1678	1678	license, commission, or endorsement [registration]. A license
1679	1679	holder, commissioned security officer, or endorsement holder
1680	1680	[registrant] shall submit evidence of compliance with the board's
1681	1681	[commission's] continuing education requirements in a manner
1682	1682	prescribed by the board [commission].
1683	1683	SECTION 4.84. Section 1702.309(a), Occupations Code, is
1684	1684	amended to read as follows:
1685	1685	(a) The board [commission] by rule shall develop a
1686	1686	continuing education course required for renewal of a security
1687	1687	officer commission. Only a board-approved [commission-approved]
1688	1688	instructor may administer the continuing education course. The
1689	1689	course must include at least six hours of instruction determined by
1690	1690	the chief administrator [director] of the board [commission].
1691	1691	SECTION 4.85. Sections 1702.321(b), (c), and (e),
1692	1692	Occupations Code, are amended to read as follows:
1693	1693	(b) The provisions of this chapter relating to security
1694	1694	officer commissions apply to a person employed by a political
1695	1695	subdivision whose duties include serving as a security guard,
1696	1696	security watchman, or security patrolman on property owned or
1697	1697	operated by the political subdivision if the governing body of the
1698	1698	political subdivision files a written request with the board
1699	1699	[commission] for the board [commission] to issue a commission to
1700	1700	the political subdivision's employees with those duties.
1701	1701	(c) The board [commission] may not charge a fee for issuing
1702	1702	a commission to an officer under Subsection (b). The board
1703	1703	[commission] shall issue to the officer a pocket card designating
1704	1704	the political subdivision that employs the officer.
1705	1705	(e) The board [commission] may approve a security officer
1706	1706	training program conducted by the political subdivision in
1707	1707	accordance with Sections 1702.1675 and 1702.168.
1708	1708	SECTION 4.86. Section 1702.324(b), Occupations Code, is
1709	1709	amended to read as follows:
1710	1710	(b) This chapter does not apply to:
1711	1711	(1) a manufacturer or a manufacturer's authorized
1712	1712	distributor while selling equipment intended for resale;
1713	1713	(2) a person engaged exclusively in the business of
1714	1714	obtaining and providing information to:
1715	1715	(A) determine creditworthiness;
1716	1716	(B) collect debts; or
1717	1717	(C) ascertain the reliability of information
1718	1718	provided by an applicant for property, life, or disability
1719	1719	insurance or an indemnity or surety bond;
1720	1720	(3) a person engaged exclusively in the business of
1721	1721	repossessing property that is secured by a mortgage or other
1722	1722	security interest;
1723	1723	(4) a person who is engaged in the business of
1724	1724	psychological testing or other testing and interviewing services,
1725	1725	including services to determine attitudes, honesty, intelligence,
1726	1726	personality, and skills, for preemployment purposes;
1727	1727	(5) a person who:
1728	1728	(A) is engaged in obtaining information that is a
1729	1729	public record under Chapter 552, Government Code, regardless of
1730	1730	whether the person receives compensation;
1731	1731	(B) is not a full-time employee, as defined by
1732	1732	Section 61.001, Labor Code, of a person licensed under this
1733	1733	chapter; and
1734	1734	(C) does not perform any other act that requires
1735	1735	a license under this chapter;
1736	1736	(6) a licensed engineer practicing engineering or
1737	1737	directly supervising engineering practice under Chapter 1001,
1738	1738	including forensic analysis, burglar alarm system engineering, and
1739	1739	necessary data collection;
1740	1740	(7) an employee of a cattle association who inspects
1741	1741	livestock brands under the authority granted to the cattle
1742	1742	association by the Grain Inspection, Packers and Stockyards
1743	1743	Administration of the United States Department of Agriculture;
1744	1744	(8) a landman performing activities in the course and
1745	1745	scope of the landman's business;
1746	1746	(9) an attorney while engaged in the practice of law;
1747	1747	(10) a person who obtains a document for use in
1748	1748	litigation under an authorization or subpoena issued for a written
1749	1749	or oral deposition;
1750	1750	(11) an admitted insurer, insurance adjuster, agent,
1751	1751	or insurance broker licensed by the state, performing duties in
1752	1752	connection with insurance transacted by that person;
1753	1753	(12) a person who on the person's own property or on
1754	1754	property owned or managed by the person's employer:
1755	1755	(A) installs, changes, or repairs a mechanical
1756	1756	security device;
1757	1757	(B) repairs an electronic security device; or
1758	1758	(C) cuts or makes a key for a security device;
1759	1759	(13) security personnel, including security contract
1760	1760	personnel, working at a commercial nuclear power plant licensed by
1761	1761	the United States Nuclear Regulatory Commission;
1762	1762	(14) a person or firm licensed as an accountant or
1763	1763	accounting firm under Chapter 901, an owner of an accounting firm,
1764	1764	or an employee of an accountant or accounting firm while performing
1765	1765	services regulated under Chapter 901; [or]
1766	1766	(15) a retailer, wholesaler, or other person who sells
1767	1767	mechanical security devices, including locks and deadbolts, but who
1768	1768	does not:
1769	1769	(A) service mechanical security devices for the
1770	1770	public outside of the person's premises; or
1771	1771	(B) claim to act as a locksmith; or
1772	1772	(16) an employee while performing investigative
1773	1773	services that would otherwise be subject to this chapter for an
1774	1774	entity regulated by the:
1775	1775	(A) Texas Department of Insurance;
1776	1776	(B) Office of Thrift Supervision;
1777	1777	(C) Securities and Exchange Commission;
1778	1778	(D) Federal Deposit Insurance Corporation;
1779	1779	(E) National Association of Securities Dealers;
1780	1780	or
1781	1781	(F) Financial Industry Regulatory Authority.
1782	1782	SECTION 4.87. Section 1702.361(b), Occupations Code, is
1783	1783	amended to read as follows:
1784	1784	(b) The department shall take disciplinary action described
1785	1785	by Subsection (a) on proof:
1786	1786	(1) that the applicant, license holder, registrant,
1787	1787	endorsement holder, or commissioned security officer has:
1788	1788	(A) violated this chapter or a rule adopted under
1789	1789	this chapter;
1790	1790	(B) become ineligible for licensure, [or]
1791	1791	registration, or endorsement under Section 1702.113, or a
1792	1792	commission under Section 1702.163, if applicable, other than an
1793	1793	action for which the department has taken summary action under
1794	1794	Section 1702.364;
1795	1795	(C) engaged in fraud, deceit, or
1796	1796	misrepresentation;
1797	1797	(D) made a material misstatement in an
1798	1798	application for or renewal of a license, registration, endorsement,
1799	1799	or commission; [or]
1800	1800	(E) failed to pay in full an administrative
1801	1801	penalty assessed under Subchapter Q, for which the board has issued
1802	1802	a final order; or
1803	1803	(F) performed any service for which an
1804	1804	endorsement is required under this chapter and either:
1805	1805	(i) was not employed with a company
1806	1806	licensed under this chapter at the time the service was performed;
1807	1807	or
1808	1808	(ii) performed the service for a company
1809	1809	licensed under this chapter that was not listed on the individual's
1810	1810	registration without informing the board of the individual's
1811	1811	employment with the company within a reasonable period; or
1812	1812	(2) that the license holder of a registrant or
1813	1813	commissioned security officer has submitted to the department
1814	1814	sufficient evidence that the registrant or commissioned security
1815	1815	officer:
1816	1816	(A) engaged in fraud or deceit while employed by
1817	1817	the license holder; or
1818	1818	(B) committed theft while performing work as a
1819	1819	registrant or commissioned security officer.
1820	1820	SECTION 4.88. Section 1702.362, Occupations Code, is
1821	1821	amended to read as follows:
1822	1822	Sec. 1702.362. FAILURE TO FILE REQUIRED NOTICE. The board
1823	1823	[commission] may suspend or revoke a license if the license holder
1824	1824	fails to notify the board [commission] as required by Section
1825	1825	1702.121 that a manager has ceased to be the manager of the license
1826	1826	holder.
1827	1827	SECTION 4.89. Section 1702.363, Occupations Code, is
1828	1828	amended to read as follows:
1829	1829	Sec. 1702.363. APPLICATION OF ADMINISTRATIVE PROCEDURE
1830	1830	ACT. Except as provided by Sections 1702.3615(b) and 1702.364, a
1831	1831	person regulated under this chapter against whom the board
1832	1832	[commission] has taken action is entitled to a hearing before the
1833	1833	State Office of Administrative Hearings. A proceeding under this
1834	1834	section is a contested case that is governed by Chapter 2001,
1835	1835	Government Code.
1836	1836	SECTION 4.90. Sections 1702.364(a), (d), (f), and (h),
1837	1837	Occupations Code, are amended to read as follows:
1838	1838	(a) On receiving written notice from a law enforcement
1839	1839	agency that a person has been charged with or convicted of an
1840	1840	offense that would make the person ineligible for a license,
1841	1841	certificate of registration, endorsement, or security officer
1842	1842	commission under Section 1702.113 or 1702.163, the department
1843	1843	shall:
1844	1844	(1) summarily deny the person's application for a
1845	1845	license, registration, endorsement, or security officer
1846	1846	commission;
1847	1847	(2) in the event of pending charges, summarily suspend
1848	1848	the person's license, certificate of registration, endorsement, or
1849	1849	security officer commission; or
1850	1850	(3) in the event of a conviction, summarily revoke the
1851	1851	person's license, certificate of registration, endorsement, or
1852	1852	security officer commission.
1853	1853	(d) At a preliminary hearing, the person must show cause
1854	1854	why:
1855	1855	(1) the application should not have been denied;
1856	1856	(2) the registration, license, endorsement, or
1857	1857	security officer commission should not have been suspended; or
1858	1858	(3) the registration, license, endorsement, or
1859	1859	commission should not have been revoked.
1860	1860	(f) The dismissal of a complaint, information, or
1861	1861	indictment or an acquittal releases the person from automatic
1862	1862	grounds for a summary denial of an application or summary
1863	1863	suspension of a registration, endorsement, or security officer
1864	1864	commission under this section. A conviction for the offense giving
1865	1865	rise to a summary suspension is automatic grounds for immediate,
1866	1866	summary revocation.
1867	1867	(h) The administrative law judge shall make findings of fact
1868	1868	and conclusions of law regarding the person's eligibility for a
1869	1869	license, registration, or endorsement under this section and
1870	1870	promptly issue to the board a proposal for a decision.
1871	1871	SECTION 4.91. Section 1702.365, Occupations Code, is
1872	1872	amended to read as follows:
1873	1873	Sec. 1702.365. ABDUCTION OF CHILD. The board [commission]
1874	1874	shall revoke a person's license, registration, endorsement, or
1875	1875	security officer commission or deny a person's application for, or
1876	1876	renewal of, a license, registration, endorsement, or security
1877	1877	officer commission on proof that the person or an agent of the
1878	1878	person has, after the date of application for a license,
1879	1879	registration, endorsement, or security officer commission,
1880	1880	abducted or attempted to abduct by force or the threat of force or
1881	1881	by misrepresentation, stealth, or unlawful entry a child who at the
1882	1882	time of the abduction or attempt is under the care and control of a
1883	1883	person who:
1884	1884	(1) has custody or physical possession of the child
1885	1885	under a court order; or
1886	1886	(2) is exercising the care and control with the
1887	1887	consent of a person who has custody or physical possession of the
1888	1888	child under a court order.
1889	1889	SECTION 4.92. Sections 1702.367(c), (d), and (e),
1890	1890	Occupations Code, are amended to read as follows:
1891	1891	(c) A person required to testify or to produce a record or
1892	1892	document on any matter properly under inquiry by the board
1893	1893	[commission] who refuses to testify or to produce the record or
1894	1894	document on the ground that the testimony or the production of the
1895	1895	record or document would incriminate or tend to incriminate the
1896	1896	person is nonetheless required to testify or to produce the record
1897	1897	or document. A person who is required to testify or to produce a
1898	1898	record or document under this subsection is not subject to
1899	1899	indictment or prosecution for a transaction, matter, or thing
1900	1900	concerning which the person truthfully testifies or produces
1901	1901	evidence.
1902	1902	(d) If a witness refuses to obey a subpoena or to give
1903	1903	evidence relevant to proper inquiry by the board [commission], the
1904	1904	board [commission] may petition a district court of the county in
1905	1905	which the hearing is held to compel the witness to obey the subpoena
1906	1906	or to give the evidence. The court shall immediately issue process
1907	1907	to the witness and shall hold a hearing on the petition as soon as
1908	1908	possible.
1909	1909	(e) An investigator employed by the board [commission] may
1910	1910	take statements under oath in an investigation of a matter covered
1911	1911	by this chapter.
1912	1912	SECTION 4.93. Section 1702.368, Occupations Code, is
1913	1913	amended to read as follows:
1914	1914	Sec. 1702.368. NOTIFICATION OF CONVICTION FOR CERTAIN
1915	1915	OFFENSES. The department [Texas Department of Public Safety] shall
1916	1916	notify the board [commission] and the police department of the
1917	1917	municipality and the sheriff's department of the county in which a
1918	1918	person licensed, registered, or commissioned under this chapter
1919	1919	resides of the conviction of the person for a Class B misdemeanor or
1920	1920	equivalent offense or a greater offense.
1921	1921	SECTION 4.94. Subchapter O, Chapter 1702, Occupations Code,
1922	1922	is amended by adding Section 1702.372 to read as follows:
1923	1923	Sec. 1702.372. RECUSAL OF BOARD MEMBER. (a) A board member
1924	1924	who participated in the investigation of a complaint or in informal
1925	1925	settlement negotiations regarding the complaint:
1926	1926	(1) may not vote on the matter at a board meeting
1927	1927	related to the complaint; and
1928	1928	(2) shall state at the meeting the reason for which the
1929	1929	member is prohibited from voting on the matter.
1930	1930	(b) A statement under Subsection (a)(2) shall be entered
1931	1931	into the minutes of the meeting.
1932	1932	SECTION 4.95. Section 1702.381(b), Occupations Code, is
1933	1933	amended to read as follows:
1934	1934	(b) A person who contracts with or employs a person who is
1935	1935	required to hold a license, [certificate of] registration,
1936	1936	endorsement, or security officer commission under this chapter
1937	1937	knowing that the person does not hold the required license,
1938	1938	registration, endorsement [certificate], or commission or who
1939	1939	otherwise, at the time of contract or employment, is in violation of
1940	1940	this chapter may be assessed a civil penalty to be paid to the state
1941	1941	in an amount not to exceed $10,000 for each violation.
1942	1942	SECTION 4.96. Section 1702.386(a), Occupations Code, is
1943	1943	amended to read as follows:
1944	1944	(a) A person commits an offense if the person contracts with
1945	1945	or employs a person who is required to hold a license, registration,
1946	1946	endorsement [certificate], or commission under this chapter
1947	1947	knowing that the person does not hold the required license,
1948	1948	registration, endorsement [certificate], or commission or who
1949	1949	otherwise, at the time of contract or employment, is in violation of
1950	1950	this chapter.
1951	1951	SECTION 4.97. Section 1702.3863(a), Occupations Code, is
1952	1952	amended to read as follows:
1953	1953	(a) A person commits an offense if the person contracts with
1954	1954	or is employed by a bail bond surety as defined by Chapter 1704 to
1955	1955	secure the appearance of a person who has violated Section 38.10,
1956	1956	Penal Code, unless the person is:
1957	1957	(1) a peace officer;
1958	1958	(2) an individual endorsed or licensed as a private
1959	1959	investigator or the manager of a licensed investigations company;
1960	1960	or
1961	1961	(3) a commissioned security officer employed by a
1962	1962	licensed guard company.
1963	1963	SECTION 4.98. Section 1702.387(a), Occupations Code, is
1964	1964	amended to read as follows:
1965	1965	(a) A person commits an offense if the person fails to
1966	1966	surrender or immediately return to the board [commission] the
1967	1967	person's registration, commission, pocket card, or other
1968	1968	identification issued to the person by the board [commission] on
1969	1969	notification of a summary suspension or summary denial under
1970	1970	Section 1702.364.
1971	1971	SECTION 4.99. Section 1702.388(b), Occupations Code, is
1972	1972	amended to read as follows:
1973	1973	(b) An offense under this section is a Class A misdemeanor,
1974	1974	except that the offense is a felony of the third degree if the
1975	1975	person has previously been convicted under this chapter of failing
1976	1976	to hold a license, registration, endorsement, certificate, or
1977	1977	commission that the person is required to hold under this chapter.
1978	1978	SECTION 4.100. Section 1702.402, Occupations Code, is
1979	1979	amended by amending Subsection (a) and adding Subsection (c) to
1980	1980	read as follows:
1981	1981	(a) Each day a violation continues or occurs is a separate
1982	1982	violation for purposes of imposing a penalty. The amount of each
1983	1983	separate violation may not exceed $5,000 [$500].
1984	1984	(c) The board by rule shall develop a standardized penalty
1985	1985	schedule based on the criteria listed in Subsection (b).
1986	1986	SECTION 4.101. Section 1702.406(b), Occupations Code, is
1987	1987	amended to read as follows:
1988	1988	(b) The notice of the board's order given to the person must
1989	1989	include a statement of the right of the person to judicial review of
1990	1990	the order. Judicial review is under the substantial evidence rule
1991	1991	as provided by Subchapter G, Chapter 2001, Government Code.
1992	1992	SECTION 4.102. The following provisions of the Occupations
1993	1993	Code are repealed:
1994	1994	(1) Section 1702.002(4);
1995	1995	(2) Section 1702.003;
1996	1996	(3) Section 1702.045;
1997	1997	(4) Section 1702.046;
1998	1998	(5) Section 1702.065;
1999	1999	(6) Section 1702.069;
2000	2000	(7) Section 1702.113(e);
2001	2001	(8) Section 1702.364(j); and
2002	2002	(9) Subchapter K.
2003	2003	SECTION 4.103. (a) Not later than January 1, 2010, the
2004	2004	Texas Private Security Board and the Department of Public Safety
2005	2005	shall adopt the rules required by or under Section 1702.062,
2006	2006	Occupations Code, as amended by this article. The fee schedule in
2007	2007	effect under Section 1702.062, Occupations Code, before the
2008	2008	effective date of this article is continued in effect until new fees
2009	2009	are adopted under Section 1702.062, Occupations Code, as amended by
2010	2010	this article.
2011	2011	(b) The requirement to pass a jurisprudence examination
2012	2012	under Section 1702.241, Occupations Code, as added by this article,
2013	2013	applies only to an individual who applies for a registration or
2014	2014	endorsement under Chapter 1702, Occupations Code, on or after the
2015	2015	date specified by the Texas Private Security Board in the event the
2016	2016	board begins requiring applicants to pass a jurisprudence
2017	2017	examination, but not earlier than September 1, 2010.
2018	2018	(c) The changes in law made by this article related to the
2019	2019	filing, investigation, or resolution of a complaint under Chapter
2020	2020	1702, Occupations Code, as amended by this article, apply only to a
2021	2021	complaint filed with the Texas Private Security Board on or after
2022	2022	the effective date of this article. A complaint filed before the
2023	2023	effective date of this article is governed by the law as it existed
2024	2024	immediately before that date, and the former law is continued in
2025	2025	effect for that purpose.
2026	2026	(d) The changes in law made by this article governing the
2027	2027	authority of the Texas Private Security Board and the Department of
2028	2028	Public Safety to issue, renew, or revoke a license, registration,
2029	2029	endorsement, or commission under Chapter 1702, Occupations Code,
2030	2030	apply only to an application for an original or renewal license,
2031	2031	registration, endorsement, or commission filed with the Texas
2032	2032	Private Security Board under Chapter 1702, Occupations Code, as
2033	2033	amended by this article, on or after the effective date of this
2034	2034	article. An application filed before the effective date of this
2035	2035	article is governed by the law in effect at the time the application
2036	2036	was filed, and the former law is continued in effect for that
2037	2037	purpose.
2038	2038	(e) The change in law made by this article with respect to
2039	2039	conduct that is grounds for imposition of a disciplinary sanction
2040	2040	applies only to conduct that occurs on or after the effective date
2041	2041	of this article. Conduct that occurs before the effective date of
2042	2042	this article is governed by the law in effect on the date the
2043	2043	conduct occurred, and the former law is continued in effect for that
2044	2044	purpose.
2045	2045	(f) Section 1702.372, Occupations Code, as added by this
2046	2046	article, applies only to a hearing conducted on or after the
2047	2047	effective date of this article, regardless of the date on which the
2048	2048	complaint was filed. A complaint on which a hearing is conducted
2049	2049	before the effective date of this article is governed by the law in
2050	2050	effect on the date the hearing was conducted, and the former law is
2051	2051	continued in effect for that purpose.
2052	2052	(g) The holder of a Class D license under Chapter 1702,
2053	2053	Occupations Code, as amended by this article, shall be considered
2054	2054	to hold a Class B license on the effective date of this article. On
2055	2055	the expiration of the Class D license, the license holder may renew
2056	2056	the license as a Class B license.
2057	2057	SECTION 4.104. This article takes effect September 1, 2009.
2058	2058	ARTICLE 4A [Blank]
2059	2059	ARTICLE 4B. REGULATION OF THE BUSINESS OF PRIVATE SECURITY
2060	2060	SECTION 4B.01. Section 1702.002, Occupations Code, is
2061	2061	amended by amending Subdivision (1-a) and adding Subdivisions
2062	2062	(16-a) and (20-a) to read as follows:
2063	2063	(1-a) For purposes of Subdivision (1), the term "alarm
2064	2064	system" does not include a telephone entry system, an operator for
2065	2065	opening or closing a residential or commercial gate or door, or an
2066	2066	accessory used only to activate a gate or door, if the system,
2067	2067	operator, or accessory is not connected to a computer or data
2068	2068	processor that records or archives the voice, visual image, or
2069	2069	identifying information of the user [an alarm system].
2070	2070	(16-a) "Personal protection officer" means a person
2071	2071	who performs the activities described by Section 1702.202.
2072	2072	(20-a) "Security officer" means a person who performs
2073	2073	the activities described by Section 1702.222.
2074	2074	SECTION 4B.02. Section 1702.047, Occupations Code, is
2075	2075	amended to read as follows:
2076	2076	Sec. 1702.047. ADMINISTRATIVE STAFF. The department shall
2077	2077	designate a department employee who shall report directly to the
2078	2078	board. The employee designated under this section shall provide
2079	2079	administrative assistance to [assist] the board in the performance
2080	2080	[administration] of the board's duties. [The salary for an
2081	2081	employee designated under this section may not exceed the salary
2082	2082	specified in the General Appropriations Act for an employee subject
2083	2083	to salary group A10.]
2084	2084	SECTION 4B.03. Subsection (e), Section 1702.082,
2085	2085	Occupations Code, is amended to read as follows:
2086	2086	(e) On written request, the department [The commission, at
2087	2087	least quarterly until final disposition of the complaint,] shall
2088	2088	inform [notify] the person filing the complaint and each person who
2089	2089	is a subject of the complaint of the status of the investigation
2090	2090	unless the information [notice] would jeopardize an ongoing
2091	2091	[undercover] investigation.
2092	2092	SECTION 4B.04. Subchapter A, Chapter 1702, Occupations
2093	2093	Code, is amended by adding Section 1702.006 to read as follows:
2094	2094	Sec. 1702.006. FOREIGN ENTITY REGISTRATION. Licensure
2095	2095	under this chapter does not exempt a foreign entity from the
2096	2096	registration requirements of Chapter 9, Business Organizations
2097	2097	Code.
2098	2098	SECTION 4B.05. Subsection (a), Section 1702.1056,
2099	2099	Occupations Code, is amended to read as follows:
2100	2100	(a) A person acts as a locksmith company for the purposes of
2101	2101	this chapter if the person:
2102	2102	(1) sells, installs, services, or maintains, or offers
2103	2103	to sell, install, service, or maintain, mechanical security
2104	2104	devices, including deadbolts and locks;
2105	2105	(2) advertises services offered by the company using
2106	2106	the term "locksmith"; or
2107	2107	(3) includes the term "locksmith" in the company's
2108	2108	name.
2109	2109	SECTION 4B.06. Section 1702.110, Occupations Code, is
2110	2110	amended to read as follows:
2111	2111	Sec. 1702.110. APPLICATION FOR LICENSE. (a) An
2112	2112	application for a license under this chapter must be in the form
2113	2113	prescribed by the board [commission] and include:
2114	2114	(1) the full name and business address of the
2115	2115	applicant;
2116	2116	(2) the name under which the applicant intends to do
2117	2117	business;
2118	2118	(3) a statement as to the general nature of the
2119	2119	business in which the applicant intends to engage;
2120	2120	(4) a statement as to the classification for which the
2121	2121	applicant requests qualification;
2122	2122	(5) if the applicant is an entity other than an
2123	2123	individual, the full name and residence address of each partner,
2124	2124	officer who oversees the security-related aspects of the business,
2125	2125	and director of the applicant, and of the applicant's manager;
2126	2126	(6) if the applicant is an individual, two
2127	2127	classifiable sets of fingerprints of the applicant or, if the
2128	2128	applicant is an entity other than an individual, of each officer who
2129	2129	oversees the security-related aspects of the business and of each
2130	2130	partner or shareholder who owns at least a 25 percent interest in
2131	2131	the applicant;
2132	2132	(7) a verified statement of the applicant's experience
2133	2133	qualifications in the particular classification in which the
2134	2134	applicant is applying;
2135	2135	(8) a report from the department [Texas Department of
2136	2136	Public Safety] stating the applicant's record of any convictions
2137	2137	for a Class B misdemeanor or equivalent offense or a greater
2138	2138	offense;
2139	2139	(9) the social security number of the individual
2140	2140	making the application; and
2141	2141	(10) other information, evidence, statements, or
2142	2142	documents required by the board [commission].
2143	2143	(b) An applicant for a license as a security services
2144	2144	contractor shall maintain a physical address within this state and
2145	2145	provide that address to the board. The board shall adopt rules to
2146	2146	enable an out-of-state license holder to comply with this
2147	2147	subsection.
2148	2148	SECTION 4B.07. Section 1702.112, Occupations Code, is
2149	2149	amended to read as follows:
2150	2150	Sec. 1702.112. FORM OF LICENSE. The board [commission]
2151	2151	shall prescribe the form of a license, including a branch office
2152	2152	license. The license must include:
2153	2153	(1) the name of the license holder;
2154	2154	(2) the name under which the license holder is to
2155	2155	operate; [and]
2156	2156	(3) the license number and the date the license was
2157	2157	issued; and
2158	2158	(4) a photograph of the license holder, affixed to the
2159	2159	license at the time the license is issued by the board.
2160	2160	SECTION 4B.08. Section 1702.121, Occupations Code, is
2161	2161	amended to read as follows:
2162	2162	Sec. 1702.121. TERMINATION OF MANAGER. (a) A license
2163	2163	holder shall notify the board [commission] in writing not later
2164	2164	than the 14th day after the date a manager ceases to be manager of
2165	2165	the license holder's business. The license remains in effect for a
2166	2166	reasonable period after notice is given as provided by board
2167	2167	[commission] rule pending the board's [commission's] determination
2168	2168	of the qualification of another manager under this subchapter.
2169	2169	(b) A manager shall be immediately terminated on the
2170	2170	effective date of any summary action taken against the manager. Any
2171	2171	period of temporary operation authorized under this section or
2172	2172	Section 1702.122 starts on the date of termination.
2173	2173	SECTION 4B.09. Section 1702.127, Occupations Code, is
2174	2174	amended by amending Subsections (b) and (c) and adding Subsection
2175	2175	(d) to read as follows:
2176	2176	(b) A license holder shall maintain a record containing
2177	2177	information related to the license holder's employees as required
2178	2178	by the board [commission].
2179	2179	(c) A license holder shall maintain for [commission]
2180	2180	inspection by the department at the license holder's principal
2181	2181	place of business or branch office two recent color photographs, of
2182	2182	a type required by the board [commission], of each applicant,
2183	2183	registrant, commissioned security officer, and employee of the
2184	2184	license holder.
2185	2185	(d) A license holder shall maintain records required under
2186	2186	this chapter at a physical address within this state and provide
2187	2187	that address to the board.
2188	2188	SECTION 4B.10. Section 1702.163, Occupations Code, is
2189	2189	amended by adding Subsection (d-1) to read as follows:
2190	2190	(d-1) For the purposes of determining eligibility under
2191	2191	Subsection (b)(2), the department may require the applicant to
2192	2192	authorize the release to the department of any relevant medical
2193	2193	records.
2194	2194	SECTION 4B.11. Section 1702.201, Occupations Code, is
2195	2195	amended to read as follows:
2196	2196	Sec. 1702.201. PERSONAL PROTECTION OFFICER ENDORSEMENT
2197	2197	[AUTHORIZATION] REQUIRED. An individual [A commissioned security
2198	2198	officer] may not act as a personal protection officer unless the
2199	2199	individual [officer] holds a personal protection officer
2200	2200	endorsement [authorization].
2201	2201	SECTION 4B.12. Section 1702.202, Occupations Code, is
2202	2202	amended to read as follows:
2203	2203	Sec. 1702.202. PERSONAL PROTECTION OFFICER. An individual
2204	2204	acts as a personal protection officer if the individual, while
2205	2205	carrying a firearm, [:
2206	2206	[(1) has been issued a security officer commission to
2207	2207	carry a concealed firearm; and
2208	2208	[(2)] provides to another [an] individual personal
2209	2209	protection from bodily harm.
2210	2210	SECTION 4B.13. Section 1702.206, Occupations Code, is
2211	2211	amended to read as follows:
2212	2212	Sec. 1702.206. LIMITED AUTHORITY TO CARRY [CONCEALED]
2213	2213	FIREARMS. (a) An individual acting as a personal protection
2214	2214	officer may not carry a [concealed] firearm unless the officer:
2215	2215	(1) is either:
2216	2216	(A) engaged in the exclusive performance of the
2217	2217	officer's duties as a personal protection officer for the employer
2218	2218	under whom the officer's personal protection officer endorsement
2219	2219	[authorization] is issued; or
2220	2220	(B) traveling to or from the officer's place of
2221	2221	assignment; and
2222	2222	(2) carries the officer's security officer commission
2223	2223	and personal protection officer endorsement [authorization] on the
2224	2224	officer's person while performing the officer's duties or traveling
2225	2225	as described by Subdivision (1) and presents the commission and
2226	2226	endorsement [authorization] on request.
2227	2227	(b) An individual who is acting as a personal protection
2228	2228	officer and is wearing the uniform of a security officer, including
2229	2229	any uniform or apparel described by Section 1702.323(d), may not
2230	2230	conceal any firearm the individual is carrying and shall carry the
2231	2231	firearm in plain view. An individual who is acting as a personal
2232	2232	protection officer and is not wearing the uniform of a security
2233	2233	officer shall conceal the firearm.
2234	2234	SECTION 4B.14. Section 1702.230, Occupations Code, is
2235	2235	amended by amending Subsection (b) and adding Subsection (c) to
2236	2236	read as follows:
2237	2237	(b) The employer of the applicant shall make a reasonable
2238	2238	attempt to verify the information required under Subsection (a)(1)
2239	2239	before the earlier of:
2240	2240	(1) the date the application is submitted; or
2241	2241	(2) the date the applicant begins to perform the
2242	2242	duties of employment that require registration.
2243	2243	(c) An applicant must submit an application that
2244	2244	substantially meets the requirements of this section before
2245	2245	employment in a capacity for which registration is required.
2246	2246	SECTION 4B.15. Subsection (a), Section 1702.282,
2247	2247	Occupations Code, is amended to read as follows:
2248	2248	(a) The board shall conduct a criminal history check,
2249	2249	including a check of any criminal history record information
2250	2250	maintained by the Federal Bureau of Investigation, in the manner
2251	2251	provided by Subchapter F, Chapter 411, Government Code, on each
2252	2252	applicant for a license, registration, security officer
2253	2253	commission, letter of approval, permit, endorsement, or
2254	2254	certification. As part of its criminal history check, the board may
2255	2255	request that the applicant provide certified copies of relevant
2256	2256	court documents or other records. The failure to provide the
2257	2257	requested records within a reasonable time as determined by the
2258	2258	board may result in the application being considered incomplete.
2259	2259	An applicant is not eligible for a license, registration,
2260	2260	commission, letter of approval, permit, endorsement, or
2261	2261	certification if the check reveals that the applicant has committed
2262	2262	an act that constitutes grounds for the denial of the license,
2263	2263	registration, commission, letter of approval, permit, endorsement,
2264	2264	or certification. Except as provided by Subsection (d), each
2265	2265	applicant shall include in the application two complete sets of
2266	2266	fingerprints on forms prescribed by the board accompanied by the
2267	2267	fee set by the board.
2268	2268	SECTION 4B.16. Section 1702.286, Occupations Code, as added
2269	2269	by Chapter 1102 (H.B. 2243), Acts of the 79th Legislature, Regular
2270	2270	Session, 2005, is renumbered as Section 1702.2865, Occupations
2271	2271	Code, to read as follows:
2272	2272	Sec. 1702.2865 [1702.286]. CUSTOMER AUTHORIZATION REQUIRED
2273	2273	FOR CERTAIN LOCKSMITH SERVICES. (a) A locksmith company or
2274	2274	locksmith may not perform services for a customer who seeks entry to
2275	2275	a structure, motor vehicle, or other property unless the customer,
2276	2276	in the course of the transaction:
2277	2277	(1) shows the locksmith company or locksmith a
2278	2278	government-issued identification; and
2279	2279	(2) provides a signed authorization stating that the
2280	2280	customer owns or is otherwise entitled to legal access to the
2281	2281	structure, motor vehicle, or other property.
2282	2282	(b) A locksmith company or locksmith is exempt from
2283	2283	Subsection (a) if the locksmith is requested to perform services in
2284	2284	a case of imminent threat to a person or property.
2285	2285	SECTION 4B.17. Section 1702.322, Occupations Code, is
2286	2286	amended to read as follows:
2287	2287	Sec. 1702.322. LAW ENFORCEMENT PERSONNEL. This chapter
2288	2288	does not apply to:
2289	2289	(1) a person who has full-time employment as a peace
2290	2290	officer and who receives compensation for private employment on an
2291	2291	individual or an independent contractor basis as a patrolman,
2292	2292	guard, extra job coordinator, or watchman if the officer:
2293	2293	(A) is employed in an employee-employer
2294	2294	relationship or employed on an individual contractual basis
2295	2295	directly by the recipient of the services;
2296	2296	(B) is not in the employ of another peace
2297	2297	officer;
2298	2298	(C) is not a reserve peace officer; and
2299	2299	(D) works as a peace officer on the average of at
2300	2300	least 32 hours a week, is compensated by the state or a political
2301	2301	subdivision of the state at least at the minimum wage, and is
2302	2302	entitled to all employee benefits offered to a peace officer by the
2303	2303	state or political subdivision;
2304	2304	(2) a reserve peace officer while the reserve officer
2305	2305	is performing guard, patrolman, or watchman duties for a county and
2306	2306	is being compensated solely by that county;
2307	2307	(3) a peace officer acting in an official capacity in
2308	2308	responding to a burglar alarm or detection device; or
2309	2309	(4) a person engaged in the business of electronic
2310	2310	monitoring of an individual as a condition of that individual's
2311	2311	community supervision, parole, mandatory supervision, or release
2312	2312	on bail, if the person does not perform any other service that
2313	2313	requires a license under this chapter.
2314	2314	SECTION 4B.18. Subsection (a), Section 1702.361,
2315	2315	Occupations Code, is amended to read as follows:
2316	2316	(a) The [Subject to the board's final order under the
2317	2317	hearing provisions of this subchapter, the] department, for conduct
2318	2318	described by Subsection (b), may:
2319	2319	(1) deny an application or revoke, suspend, or refuse
2320	2320	to renew a license, registration, endorsement, or security officer
2321	2321	commission;
2322	2322	(2) reprimand a license holder, registrant, or
2323	2323	commissioned security officer; or
2324	2324	(3) place on probation a person whose license,
2325	2325	registration, endorsement, or security officer commission has been
2326	2326	suspended.
2327	2327	SECTION 4B.19. Section 1702.367, Occupations Code, is
2328	2328	amended by amending Subsection (a) and adding Subsections (f) and
2329	2329	(g) to read as follows:
2330	2330	(a) For an investigation conducted under this chapter, if
2331	2331	necessary to enforce this chapter or the board's rules, the
2332	2332	department [commission] may issue an administrative [a] subpoena to
2333	2333	any person in this state compelling:
2334	2334	(1) the production of information or documents; or
2335	2335	(2) the attendance and testimony of a witness [compel
2336	2336	the attendance of a witness or the production of a pertinent record
2337	2337	or document. The hearings officer may administer oaths and require
2338	2338	testimony or evidence to be given under oath].
2339	2339	(f) A person licensed or otherwise regulated under this
2340	2340	chapter who fails without good cause to comply with a subpoena
2341	2341	issued under this section may be subject to suspension of a license
2342	2342	under Section 1702.361.
2343	2343	(g) If a subpoena issued under this section relates to an
2344	2344	ongoing criminal investigation by the department and the department
2345	2345	determines that disclosure could significantly impede the
2346	2346	investigation, the subpoena may provide that the person to whom the
2347	2347	subpoena is directed may not:
2348	2348	(1) disclose that the subpoena has been issued;
2349	2349	(2) identify or describe any records requested by the
2350	2350	subpoena; or
2351	2351	(3) disclose whether records have been furnished in
2352	2352	response to the subpoena.
2353	2353	SECTION 4B.20. Subchapter P, Chapter 1702, Occupations
2354	2354	Code, is amended by adding Section 1702.3835 to read as follows:
2355	2355	Sec. 1702.3835. DECEPTIVE TRADE PRACTICE. (a) A person who
2356	2356	performs or offers to perform an activity regulated under this
2357	2357	chapter, but who is not licensed or otherwise authorized under this
2358	2358	chapter to perform the activity, commits a false, misleading, or
2359	2359	deceptive act or practice within the meaning of Section 17.46,
2360	2360	Business & Commerce Code.
2361	2361	(b) A public or private right or remedy under Chapter 17,
2362	2362	Business & Commerce Code, may be used to enforce this chapter.
2363	2363	SECTION 4B.21. Subsection (d), Section 46.03, Penal Code,
2364	2364	is amended to read as follows:
2365	2365	(d) It is a defense to prosecution under Subsection (a)(5)
2366	2366	that the actor possessed a firearm or club while traveling to or
2367	2367	from the actor's place of assignment or in the actual discharge of
2368	2368	duties as:
2369	2369	(1) a member of the armed forces or national guard;
2370	2370	(2) a guard employed by a penal institution; or
2371	2371	(3) a security officer commissioned by the Texas
2372	2372	[Board of Private Investigators and] Private Security Board
2373	2373	[Agencies] if:
2374	2374	(A) the actor is wearing a distinctive uniform;
2375	2375	and
2376	2376	(B) the firearm or club is in plain view; or
2377	2377	(4) [(5)] a security officer who holds a personal
2378	2378	protection authorization under Chapter 1702, Occupations Code,
2379	2379	provided that the officer is either:
2380	2380	(A) wearing the uniform of a security officer,
2381	2381	including any uniform or apparel described by Section 1702.323(d),
2382	2382	Occupations Code, and carrying the officer's firearm in plain view;
2383	2383	or
2384	2384	(B) not wearing the uniform of a security officer
2385	2385	and carrying the officer's firearm in a concealed manner [the
2386	2386	Private Investigators and Private Security Agencies Act (Article
2387	2387	4413(29bb), Vernon's Texas Civil Statutes)].
2388	2388	SECTION 4B.22. Subsection (b), Section 46.15, Penal Code,
2389	2389	as amended by Chapters 647 (H.B. 964), 693 (H.B. 1815), and 1048
2390	2390	(H.B. 2101), Acts of the 80th Legislature, Regular Session, 2007,
2391	2391	is reenacted and amended to read as follows:
2392	2392	(b) Section 46.02 does not apply to a person who:
2393	2393	(1) is in the actual discharge of official duties as a
2394	2394	member of the armed forces or state military forces as defined by
2395	2395	Section 431.001, Government Code, or as a guard employed by a penal
2396	2396	institution;
2397	2397	(2) is traveling;
2398	2398	(3) is engaging in lawful hunting, fishing, or other
2399	2399	sporting activity on the immediate premises where the activity is
2400	2400	conducted, or is en route between the premises and the actor's
2401	2401	residence or motor vehicle, if the weapon is a type commonly used in
2402	2402	the activity;
2403	2403	(4) holds a security officer commission issued by the
2404	2404	Texas Private Security Board, if the person[:
2405	2405	[(A)] is engaged in the performance of the
2406	2406	person's duties as an officer commissioned under Chapter 1702,
2407	2407	Occupations Code, or is traveling to or from the person's place of
2408	2408	assignment[;] and
2409	2409	[(B)] is [either:
2410	2410	[(i)] wearing the officer's uniform and
2411	2411	carrying the officer's weapon in plain view; [or]
2412	2412	(5) acts [(ii) acting] as a personal protection
2413	2413	officer and carries [carrying] the person's security officer
2414	2414	commission and personal protection officer authorization, if the
2415	2415	person:
2416	2416	(A) is engaged in the performance of the person's
2417	2417	duties as a personal protection officer under Chapter 1702,
2418	2418	Occupations Code, or is traveling to or from the person's place of
2419	2419	assignment; and
2420	2420	(B) is either:
2421	2421	(i) wearing the uniform of a security
2422	2422	officer, including any uniform or apparel described by Section
2423	2423	1702.323(d), Occupations Code, and carrying the officer's weapon in
2424	2424	plain view; or
2425	2425	(ii) not wearing the uniform of a security
2426	2426	officer and carrying the officer's weapon in a concealed manner;
2427	2427	(6) [(5)] is carrying a concealed handgun and a valid
2428	2428	license issued under Subchapter H, Chapter 411, Government Code, to
2429	2429	carry a concealed handgun of the same category as the handgun the
2430	2430	person is carrying;
2431	2431	(7) [(6)] holds an alcoholic beverage permit or
2432	2432	license or is an employee of a holder of an alcoholic beverage
2433	2433	permit or license if the person is supervising the operation of the
2434	2434	permitted or licensed premises; or
2435	2435	(8) [(7)] is a student in a law enforcement class
2436	2436	engaging in an activity required as part of the class, if the weapon
2437	2437	is a type commonly used in the activity and the person is:
2438	2438	(A) on the immediate premises where the activity
2439	2439	is conducted; or
2440	2440	(B) en route between those premises and the
2441	2441	person's residence and is carrying the weapon unloaded.
2442	2442	SECTION 4B.23. The changes in law made by this article to
2443	2443	Section 1702.110 and Subsection (a), Section 1702.282, Occupations
2444	2444	Code, and the change in law made by Article 4 of this Act to
2445	2445	Subsection (a), Section 1702.221, Occupations Code, apply to an
2446	2446	application under Chapter 1702, Occupations Code, submitted on or
2447	2447	after the effective date of this article. An application submitted
2448	2448	before the effective date of this article is governed by the law in
2449	2449	effect on the date the application was submitted, and the former law
2450	2450	is continued in effect for that purpose.
2451	2451	SECTION 4B.24. To the extent of any conflict, this article
2452	2452	prevails over another Act of the 81st Legislature, Regular Session,
2453	2453	2009, relating to nonsubstantive additions to and corrections in
2454	2454	enacted codes.
2455	2455	SECTION 4B.25. This article takes effect September 1, 2009.
2456	2456	ARTICLE 5. GENERAL PROVISIONS
2457	2457	SECTION 5.01. Section 411.002, Government Code, is amended
2458	2458	by amending Subsection (c) and adding Subsections (d) and (e) to
2459	2459	read as follows:
2460	2460	(c) The Department of Public Safety of the State of Texas is
2461	2461	subject to Chapter 325 (Texas Sunset Act). Unless continued in
2462	2462	existence as provided by that chapter, the department is abolished
2463	2463	and Subsections (a) and (b) expire September 1, 2015 [2009].
2464	2464	(d) Not later than December 1, 2010, the Sunset Advisory
2465	2465	Commission shall review and prepare a written report for submission
2466	2466	to the legislature on the department's implementation of:
2467	2467	(1) the recommendations in the 2008 audit of the
2468	2468	department's information technology system; and
2469	2469	(2) a civilian business model for the operation of the
2470	2470	driver's license division that focuses on improving customer
2471	2471	service by:
2472	2472	(A) using best practices in call center
2473	2473	technology and monitoring customer service calls;
2474	2474	(B) expanding operating hours at driver's
2475	2475	license offices; and
2476	2476	(C) decreasing the time the department takes to
2477	2477	send a replacement driver's license.
2478	2478	(e) The Sunset Advisory Commission shall submit the report
2479	2479	required by Subsection (d) not later than February 15, 2011. This
2480	2480	subsection and Subsection (d) expire August 31, 2011.
2481	2481	SECTION 5.02. Section 411.0035, Government Code, is amended
2482	2482	to read as follows:
2483	2483	Sec. 411.0035. MEMBER AND GENERAL COUNSEL RESTRICTION. (a)
2484	2484	In this section, "Texas trade association" means a cooperative and
2485	2485	voluntarily joined statewide association of business or
2486	2486	professional competitors in this state designed to assist its
2487	2487	members and its industry or profession in dealing with mutual
2488	2488	business or professional problems and in promoting their common
2489	2489	interest.
2490	2490	(b) A person may not be [serve as] a member of the commission
2491	2491	and may not be a department employee employed in a "bona fide
2492	2492	executive, administrative, or professional capacity," as that
2493	2493	phrase is used for purposes of establishing an exemption to the
2494	2494	overtime provisions of the federal Fair Labor Standards Act of 1938
2495	2495	(29 U.S.C. Section 201 et seq.), if:
2496	2496	(1) the person is an officer, employee, or paid
2497	2497	consultant of a Texas trade association in the field of law
2498	2498	enforcement or private security; or
2499	2499	(2) the person's spouse is an officer, manager, or paid
2500	2500	consultant of a Texas trade association in the field of law
2501	2501	enforcement or private security.
2502	2502	(c) A person may not be a member of the commission or act as
2503	2503	the general counsel to the commission if the person is required to
2504	2504	register as a lobbyist under Chapter 305 because of the person's
2505	2505	activities for compensation on behalf of a profession related to
2506	2506	the operation of the commission.
2507	2507	SECTION 5.03. Subchapter A, Chapter 411, Government Code,
2508	2508	is amended by adding Section 411.0042 to read as follows:
2509	2509	Sec. 411.0042. DIVISION OF RESPONSIBILITIES. The
2510	2510	commission shall develop and implement policies that clearly
2511	2511	separate the policymaking responsibilities of the commission and
2512	2512	the management responsibilities of the director and the staff of
2513	2513	the department.
2514	2514	SECTION 5.04. Subchapter A, Chapter 411, Government Code,
2515	2515	is amended by adding Section 411.0043 to read as follows:
2516	2516	Sec. 411.0043. TECHNOLOGY POLICY. The commission shall
2517	2517	implement a policy requiring the department to use appropriate
2518	2518	technological solutions to improve the department's ability to
2519	2519	perform its functions. The policy must ensure that the public is
2520	2520	able to interact with the department on the Internet.
2521	2521	SECTION 5.05. Subchapter A, Chapter 411, Government Code,
2522	2522	is amended by adding Section 411.0044 to read as follows:
2523	2523	Sec. 411.0044. NEGOTIATED RULEMAKING AND ALTERNATIVE
2524	2524	DISPUTE RESOLUTION. (a) The commission shall develop and
2525	2525	implement a policy to encourage the use of:
2526	2526	(1) negotiated rulemaking procedures under Chapter
2527	2527	2008 for the adoption of department rules; and
2528	2528	(2) appropriate alternative dispute resolution
2529	2529	procedures under Chapter 2009 to assist in the resolution of
2530	2530	internal and external disputes under the department's
2531	2531	jurisdiction.
2532	2532	(b) The department's procedures relating to alternative
2533	2533	dispute resolution must conform, to the extent possible, to any
2534	2534	model guidelines issued by the State Office of Administrative
2535	2535	Hearings for the use of alternative dispute resolution by state
2536	2536	agencies.
2537	2537	(c) The commission shall designate a trained person to:
2538	2538	(1) coordinate the implementation of the policy
2539	2539	adopted under Subsection (a);
2540	2540	(2) serve as a resource for any training needed to
2541	2541	implement the procedures for negotiated rulemaking or alternative
2542	2542	dispute resolution; and
2543	2543	(3) collect data concerning the effectiveness of those
2544	2544	procedures, as implemented by the department.
2545	2545	SECTION 5.06. The heading to Section 411.005, Government
2546	2546	Code, is amended to read as follows:
2547	2547	Sec. 411.005. DIRECTOR, DEPUTY DIRECTORS, AND ASSISTANT
2548	2548	DIRECTORS [DIRECTOR].
2549	2549	SECTION 5.07. Section 411.005, Government Code, is amended
2550	2550	by amending Subsections (a), (b), and (c) to read as follows:
2551	2551	(a) The commission shall appoint a citizen of the United
2552	2552	States [this state] as public safety director. The director serves
2553	2553	until removed by the commission.
2554	2554	(b) The director may appoint, with the advice and consent of
2555	2555	the commission, deputy directors and assistant directors who shall
2556	2556	perform the duties that the director designates. Deputy directors
2557	2557	and [An] assistant directors serve [director serves] until removed
2558	2558	by the director.
2559	2559	(c) The commission shall select the director, and the
2560	2560	director shall select deputy directors and assistant directors [an
2561	2561	assistant director], on the basis of the person's training,
2562	2562	experience, and qualifications for the position. [The director and
2563	2563	an assistant director must have five years' experience, preferably
2564	2564	in police or public administration.] The director, [and an
2565	2565	assistant director] deputy directors, and assistant directors are
2566	2566	entitled to annual salaries as provided by the legislature.
2567	2567	SECTION 5.08. Section 411.015(b), Government Code, is
2568	2568	amended to read as follows:
2569	2569	(b) [The number of divisions may not exceed the number of
2570	2570	divisions existing on August 22, 1957.] The division relating to
2571	2571	the Texas Rangers may not be abolished.
2572	2572	SECTION 5.09. Sections 411.0195(a), (b), and (c),
2573	2573	Government Code, are amended to read as follows:
2574	2574	(a) The department shall maintain a system to promptly and
2575	2575	efficiently act on [prepare information of public interest
2576	2576	describing the functions of the department and the department's
2577	2577	procedures by which] complaints [are] filed with [and resolved by]
2578	2578	the department. The department shall maintain [make the]
2579	2579	information about parties to the complaint, the subject matter of
2580	2580	the complaint, a summary of the results of the review or
2581	2581	investigation of the complaint, and its disposition [available to
2582	2582	the public and appropriate state agencies].
2583	2583	(b) The department shall make information available
2584	2584	describing its procedures for complaint investigation and
2585	2585	resolution [director by rule shall establish methods by which
2586	2586	consumers and service recipients are notified of the name, mailing
2587	2587	address, and telephone number of the department for the purpose of
2588	2588	directing complaints to the department].
2589	2589	(c) The department shall periodically notify the complaint
2590	2590	parties of the status of the complaint until final disposition
2591	2591	[maintain a file on each written complaint filed with the
2592	2592	department. The file must include:
2593	2593	[(1) the name of the person who filed the complaint;
2594	2594	[(2) the date the complaint is received by the
2595	2595	department;
2596	2596	[(3) the subject matter of the complaint;
2597	2597	[(4) the name of each person contacted in relation to
2598	2598	the complaint;
2599	2599	[(5) a summary of the results of the review or
2600	2600	investigation of the complaint; and
2601	2601	[(6) an explanation of the reason the file was closed,
2602	2602	if the agency closed the file without taking action other than to
2603	2603	investigate the complaint].
2604	2604	SECTION 5.10. Section 411.188, Government Code, is amended
2605	2605	by adding Subsection (j) to read as follows:
2606	2606	(j) The department may offer online, or allow a qualified
2607	2607	handgun instructor to offer online, the continuing education
2608	2608	instruction course and written section of the proficiency
2609	2609	examination required to renew a license.
2610	2610	SECTION 5.11. Section 411.190, Government Code, is amended
2611	2611	by adding Subsection (d-1) to read as follows:
2612	2612	(d-1) The department shall ensure that an applicant may
2613	2613	renew certification under Subsection (d) from any county in this
2614	2614	state by using an online format to complete the required retraining
2615	2615	courses if:
2616	2616	(1) the applicant is renewing certification for the
2617	2617	first time; or
2618	2618	(2) the applicant completed the required retraining
2619	2619	courses in person the previous time the applicant renewed the
2620	2620	certificate.
2621	2621	SECTION 5.12. The heading to Section 411.244, Government
2622	2622	Code, is amended to read as follows:
2623	2623	Sec. 411.244. OFFICE OF INSPECTOR GENERAL [INTERNAL
2624	2624	AFFAIRS].
2625	2625	SECTION 5.13. Section 411.244, Government Code is amended
2626	2626	by amending Subsections (a), (b), (d), (e), and (f), and by adding
2627	2627	Subsection (g) to read as follows:
2628	2628	(a) The commission [director] shall establish the office of
2629	2629	inspector general, which is responsible for:
2630	2630	(1) acting to prevent and detect serious breaches of
2631	2631	departmental policy, fraud, and abuse of office, including any acts
2632	2632	of criminal conduct within the department; and
2633	2633	(2) independently and objectively reviewing,
2634	2634	investigating, delegating an investigation, and overseeing the
2635	2635	investigation of administrative and all other allegations of
2636	2636	conduct referred to in (a)(1) above and the following:
2637	2637	(A) criminal activity occurring in all divisions
2638	2638	of the department;
2639	2639	(B) allegations of wrongdoing by department
2640	2640	employees;
2641	2641	(C) crimes committed on department property; and
2642	2642	(D) serious breaches of department policy
2643	2643	[internal affairs].
2644	2644	(b) The office of inspector general [internal affairs] has
2645	2645	[original] departmental jurisdiction for oversight and
2646	2646	coordination over all investigations occurring on department
2647	2647	property or involving department employees. The office shall
2648	2648	coordinate and provide oversight, but need not conduct, all
2649	2649	investigations under this section. The inspector general shall
2650	2650	delegate criminal allegations arising under this section to the
2651	2651	Texas Ranger division or the Criminal Law Enforcement division of
2652	2652	the department for investigation or referral back to the inspector
2653	2653	general for further action. However the inspector general shall
2654	2654	continually monitor referred matters and report to the commission
2655	2655	along with any other division investigating a matter on its status
2656	2656	while pending.
2657	2657	(d) The commission has direct oversight over the office of
2658	2658	inspector general, including decisions regarding budget and
2659	2659	staffing. The commission [director] shall appoint the inspector
2660	2660	general [head of the office of internal affairs]. The inspector
2661	2661	general [head of the office of internal affairs] serves until
2662	2662	removed by the commission [director]. The commission shall
2663	2663	establish policies to ensure that the commission continues to
2664	2664	oversee the office of inspector general as required by this
2665	2665	subsection and to ensure that the office of inspector general
2666	2666	retains and exercises its original jurisdiction under Subsection
2667	2667	(b).
2668	2668	(e) The inspector general [head of the office of internal
2669	2669	affairs] shall report directly to the commission [director]
2670	2670	regarding performance of and activities related to investigations,
2671	2671	report to the director for administrative purposes, and provide the
2672	2672	director with information regarding investigations as appropriate.
2673	2673	(f) The inspector general [head of the office of internal
2674	2674	affairs] shall present at each regularly scheduled commission
2675	2675	meeting and at other appropriate times:
2676	2676	(1) reports of investigations; and
2677	2677	(2) a summary of information relating to
2678	2678	investigations conducted under this section that includes analysis
2679	2679	of the number, type, and outcome of investigations, trends in the
2680	2680	investigations, and recommendations to avoid future complaints.
2681	2681	(g) This chapter or other law related to the operation of
2682	2682	the department's office of inspector general does not preempt the
2683	2683	authority of the state auditor to conduct an audit or investigation
2684	2684	under Chapter 321 or other law.
2685	2685	SECTION 5.14. Section 662.005(b), Government Code, is
2686	2686	amended to read as follows:
2687	2687	(b) Except as provided by Section 662.010, and
2688	2688	notwithstanding Section 659.015 or another law, a state employee
2689	2689	who is a peace officer commissioned by a state officer or state
2690	2690	agency listed under Article 2.12, Code of Criminal Procedure, or
2691	2691	who is employed by the Department of Public Safety either to perform
2692	2692	communications or dispatch services related to traffic law
2693	2693	enforcement or as a public security officer, as that term is defined
2694	2694	by Section 1701.001, Occupations Code, and who is required to work
2695	2695	on a national or state holiday that falls on a Saturday or Sunday is
2696	2696	entitled to compensatory time off at the rate of one hour for each
2697	2697	hour worked on the holiday.
2698	2698	SECTION 5.15. Sections 411.0195(d) and (e), Government
2699	2699	Code, are repealed.
2700	2700	SECTION 5.16. The changes in law made by this article by the
2701	2701	amendment of Section 411.0035, Government Code, apply only to a
2702	2702	person first appointed to the Public Safety Commission or employed
2703	2703	by the Department of Public Safety of the State of Texas on or after
2704	2704	the effective date of this Act. A person first appointed or
2705	2705	employed before the effective date of this Act is governed by the
2706	2706	law in effect immediately before that date, and the former law is
2707	2707	continued in effect for that purpose.
2708	2708	SECTION 5.17. The changes in law made by this article by the
2709	2709	amendment of Section 411.0195, Government Code, apply only to a
2710	2710	complaint filed on or after the effective date of this Act. A
2711	2711	complaint filed before the effective date of this Act is governed by
2712	2712	the law in effect when the complaint was filed, and the former law
2713	2713	is continued in effect for that purpose.
2714	2714	SECTION 5.18. The Department of Public Safety of the State
2715	2715	of Texas shall take action as necessary to ensure that an applicant
2716	2716	may renew a qualified handgun instructor certification from any
2717	2717	county in this state, as required by Section 411.190(d-1),
2718	2718	Government Code, as added by this Act, not later than March 1, 2010.
2719	2719	SECTION 5.19. The Department of Public Safety shall develop
2720	2720	customer service training requirements that at a minimum must be
2721	2721	completed by the staff of the driver license division that interact
2722	2722	with the public. Each new employee of the division that is required
2723	2723	to complete this training, as a condition of employment, must do so
2724	2724	by the end of the third month of employment. Thereafter, each
2725	2725	employee that the training applies to shall participate annually in
2726	2726	this training.
2727	2727	SECTION 5.20. The Department of Public Safety shall develop
2728	2728	cultural diversity training requirements to be completed by all
2729	2729	staff of the drivers license division. Each new employee of the
2730	2730	division, as a condition of employment, must complete the training
2731	2731	by the end of the third month of employment. Thereafter, each
2732	2732	employee in the division shall participate annually in the
2733	2733	diversity training.
2734	2734	SECTION 5.21. The Department of Public Safety shall develop
2735	2735	training requirements regarding proof of citizenship documents. At
2736	2736	a minimum, this training must be completed by all staff in the
2737	2737	drivers license division. Each new employee of this division, as a
2738	2738	condition of employment, must complete the training by the end of
2739	2739	the third month of employment. Thereafter, each employee of the
2740	2740	division shall participate annually in this training.
2741	2741	ARTICLE 6. ADDITIONAL PROVISIONS
2742	2742	SECTION 6.01. Section 411.00755(b), Government Code, is
2743	2743	amended to read as follows:
2744	2744	(b) The [Notwithstanding Chapter 552, the] personnel
2745	2745	records of a commissioned officer of the department may not be
2746	2746	disclosed or otherwise made available to the public, except the
2747	2747	department shall release in accordance with Chapter 552:
2748	2748	(1) any letter, memorandum, or document relating to:
2749	2749	(A) a commendation, congratulation, or honor
2750	2750	bestowed on the officer for an action, duty, or activity that
2751	2751	relates to the officer's official duties; and
2752	2752	(B) misconduct by the officer, if the letter,
2753	2753	memorandum, or document resulted in disciplinary action;
2754	2754	(2) the state application for employment submitted by
2755	2755	the officer, but not including any attachments to the application;
2756	2756	(3) any reference letter submitted by the officer;
2757	2757	(4) any letter of recommendation for the officer;
2758	2758	(5) any employment contract with the officer;
2759	2759	(6) any periodic evaluation of the officer by a
2760	2760	supervisor;
2761	2761	(7) any document recording a promotion or demotion of
2762	2762	the officer;
2763	2763	(8) any request for leave by the officer;
2764	2764	(9) any request by the officer for transfers of shift
2765	2765	or duty assignments;
2766	2766	(10) any documents presented to the commission in
2767	2767	connection with a public hearing under Section 411.007(f);
2768	2768	(11) the officer's:
2769	2769	(A) name;
2770	2770	(B) age;
2771	2771	(C) dates of employment;
2772	2772	(D) positions held; and
2773	2773	(E) gross salary; and
2774	2774	(12) information about the location of the officer's
2775	2775	department duty assignments.
2776	2776	SECTION 6.02. Subchapter A, Chapter 411, Government Code,
2777	2777	is amended by adding Section 411.0161 to read as follows:
2778	2778	Sec. 411.0161. DONATION OF ACCRUED COMPENSATORY TIME OR
2779	2779	ACCRUED ANNUAL LEAVE FOR LEGISLATIVE PURPOSES. (a) The director
2780	2780	shall allow a department employee to voluntarily transfer to a
2781	2781	legislative leave pool up to eight hours of compensatory time or
2782	2782	annual leave per year earned by the employee.
2783	2783	(b) The director or designee shall administer the
2784	2784	legislative leave pool.
2785	2785	(c) The Public Safety Commission shall adopt rules and
2786	2786	prescribe procedures relating to the operation of the legislative
2787	2787	leave pool.
2788	2788	(d) The director or designee shall credit the legislative
2789	2789	leave pool with the amount of time contributed by an employee and
2790	2790	deduct a corresponding amount of time from the employee's earned
2791	2791	compensatory time or annual leave as if the employee had used the
2792	2792	time for personal purposes.
2793	2793	(e) An employee is entitled to use time contributed to the
2794	2794	legislative leave pool if the employee uses the time for
2795	2795	legislative leave on behalf of a law enforcement association of at
2796	2796	least 1,000 active or retired members governed by a board of
2797	2797	directors.
2798	2798	(f) The director of the pool administrator shall transfer
2799	2799	time from the pool to the employee and credit the time to the
2800	2800	employee.
2801	2801	(g) An employee may only withdraw time from the legislative
2802	2802	leave pool in coordination and with the consent of the president or
2803	2803	designee of the law enforcement association described in Subsection
2804	2804	(e), and may not draw more than 80 hours of time from the pool in a
2805	2805	160-hours work cycle with the maximum time taken not to exceed 480
2806	2806	hours per fiscal year.
2807	2807	(h) In addition to Subsection (g), the use of any time from
2808	2808	the legislative leave pool must also be in accordance with rules
2809	2809	adopted by the Public Safety Commission.
2810	2810	SECTION 6.03. Section 411.192, Government Code, is amended
2811	2811	by amending Subsections (a) and (d) and adding Subsection (e) to
2812	2812	read as follows:
2813	2813	(a) The department shall disclose to a criminal justice
2814	2814	agency information contained in its files and records regarding
2815	2815	whether a named individual or any individual named in a specified
2816	2816	list is licensed under this subchapter. Information on an
2817	2817	individual subject to disclosure under this section includes the
2818	2818	individual's name, date of birth, gender, race, [and] zip code,
2819	2819	telephone number, e-mail address, and Internet website address.
2820	2820	Except as otherwise provided by this section and by Section
2821	2821	411.193, all other records maintained under this subchapter are
2822	2822	confidential and are not subject to mandatory disclosure under the
2823	2823	open records law, Chapter 552.
2824	2824	(d) The [This section does not prohibit the] department
2825	2825	shall make [from making] public and distribute [distributing] to
2826	2826	the public at no cost lists of individuals who are certified as
2827	2827	qualified handgun instructors by the department and who request to
2828	2828	be included as provided by Subsection (e). The department shall
2829	2829	include on the lists each individual's name, telephone number,
2830	2830	e-mail address, and Internet website address. The department shall
2831	2831	make the list available on the department's Internet website.
2832	2832	(e) An individual who is certified as a qualified handgun
2833	2833	instructor may request in writing that the department disclose all
2834	2834	or part of the information described by Subsection (d) regarding
2835	2835	the individual. The department shall include all or part of the
2836	2836	individual's information on the list as requested.
2837	2837	SECTION 6.04. Section 614.151(2), Government Code, as added
2838	2838	by Chapter 1159 (H.B. 12), Acts of the 80th Legislature, Regular
2839	2839	Session, 2007, is amended to read as follows:
2840	2840	(2) "Law enforcement officer" means a person who[:
2841	2841	[(A)] is a commissioned peace officer[;
2842	2842	[(B) is] employed by a law enforcement agency[;
2843	2843	and
2844	2844	[(C) is compensated according to:
2845	2845	[(i) Schedule C of the position
2846	2846	classification salary schedule prescribed by the General
2847	2847	Appropriations Act if the person is employed by a law enforcement
2848	2848	agency other than the Parks and Wildlife Department; or
2849	2849	[(ii) Schedule B or C of the position
2850	2850	classification salary schedule prescribed by the General
2851	2851	Appropriations Act if the person is employed by the Parks and
2852	2852	Wildlife Department].
2853	2853	SECTION 6.05. Section 614.152, Government Code, as added by
2854	2854	Chapter 1159 (H.B. 12), Acts of the 80th Legislature, Regular
2855	2855	Session, 2007, is amended by amending the section heading and
2856	2856	Subsections (a) and (c) and by adding Subsections (a-1) and (a-2) to
2857	2857	read as follows:
2858	2858	Sec. 614.152. PHYSICAL FITNESS PROGRAMS AND STANDARDS. (a)
2859	2859	Each [Out of appropriated funds, each] law enforcement agency shall
2860	2860	adopt physical fitness programs that a law enforcement officer must
2861	2861	participate in and physical fitness standards that a law
2862	2862	enforcement officer must meet [to continue employment with the
2863	2863	agency as a law enforcement officer]. The standards as applied to
2864	2864	an officer must directly relate to the officer's job duties and
2865	2865	shall include individual fitness goals specific to the officer's
2866	2866	age and gender. A law enforcement agency shall use the services of
2867	2867	a consultant to aid the agency in developing the standards.
2868	2868	(a-1) Each law enforcement agency shall adopt a reward
2869	2869	policy that provides for reward incentives to officers who
2870	2870	participate in the program and meet the standards adopted under
2871	2871	Subsection (a). The reward incentives under the policy must be an
2872	2872	amount of administrative leave of not more than four days per year.
2873	2873	(a-2) An agency may adopt physical readiness standards
2874	2874	independent of other law enforcement agencies.
2875	2875	(c) A law enforcement agency may exempt a law enforcement
2876	2876	officer from participating in a program or meeting a standard under
2877	2877	Subsection (a) based on the facts and circumstances of the
2878	2878	individual case, including whether an officer was injured in the
2879	2879	line of duty.
2880	2880	SECTION 6.06. Section 411.171(4), Government Code, is
2881	2881	amended to read as follows:
2882	2882	(4) "Convicted" means an adjudication of guilt or,
2883	2883	except as provided in Section 411.1711, an order of deferred
2884	2884	adjudication entered against a person by a court of competent
2885	2885	jurisdiction whether or not the imposition of the sentence is
2886	2886	subsequently probated and the person is discharged from community
2887	2887	supervision. The term does not include an adjudication of guilt or
2888	2888	an order of deferred adjudication that has been subsequently:
2889	2889	(A) expunged; [or]
2890	2890	(B) pardoned under the authority of a state or
2891	2891	federal official; or
2892	2892	(C) otherwise vacated, set aside, annulled,
2893	2893	invalidated, voided, or sealed under any state or federal law.
2894	2894	SECTION 6.07. Subchapter C, Chapter 521, Transportation
2895	2895	Code, is amended by adding Section 521.060 to read as follows:
2896	2896	Sec. 521.060. DRIVER RECORD MONITORING PILOT PROGRAM.
2897	2897	(a) The department by rule may establish a driver record
2898	2898	monitoring pilot program. The term of the pilot program may not
2899	2899	exceed one year.
2900	2900	(b) Under the pilot program, the department may enter into a
2901	2901	contract with a person to provide driver record monitoring
2902	2902	services, as described by Subsection (c), and certain information
2903	2903	from the department's driver's license records to the person, if the
2904	2904	person:
2905	2905	(1) is an employer, an insurer, an insurance support
2906	2906	organization, an employer support organization, or an entity that
2907	2907	self-insures its motor vehicles; and
2908	2908	(2) is eligible to receive the information under
2909	2909	Chapter 730.
2910	2910	(c) A contract entered into by the department must require:
2911	2911	(1) the department, during the term of the contract,
2912	2912	to:
2913	2913	(A) monitor the driver record of each holder of a
2914	2914	driver's license issued by the department that is requested by the
2915	2915	person with whom the department has contracted;
2916	2916	(B) identify any change in the status of a
2917	2917	driver's license or any conviction for a traffic offense reported
2918	2918	to the department during the monitoring period; and
2919	2919	(C) periodically, as specified in the contract,
2920	2920	provide reports of those individuals identified as having a change
2921	2921	in status or convictions to the person with whom the department has
2922	2922	contracted; and
2923	2923	(2) the person with whom the department has
2924	2924	contracted:
2925	2925	(A) to purchase under Section 521.046 a copy of
2926	2926	the driver record of each individual identified in a report
2927	2927	provided under Subdivision (1)(C);
2928	2928	(B) to warrant that:
2929	2929	(i) the person will not directly or
2930	2930	indirectly disclose information received from the department under
2931	2931	the contract to a third party without the express written consent of
2932	2932	the department, except as required by law or legal process; and
2933	2933	(ii) if a disclosure is required by law or
2934	2934	legal process, the person will immediately notify the department so
2935	2935	that the department may seek to oppose, limit, or restrict the
2936	2936	required disclosure; and
2937	2937	(C) if the person is an insurance support
2938	2938	organization, to warrant that the person will not seek to obtain
2939	2939	information about a holder of a driver's license under the contract
2940	2940	unless the license holder is insured by a client of the
2941	2941	organization, and that the person will provide the department with
2942	2942	the name of each client to whom the insurance support organization
2943	2943	provides information received from the department under the
2944	2944	contract.
2945	2945	(d) The attorney general may file a suit against a person
2946	2946	with whom the department has contracted under this section for:
2947	2947	(1) injunctive relief to prevent or restrain the
2948	2948	person from violating a term of the contract or from directly or
2949	2949	indirectly disclosing information received from the department
2950	2950	under the contract in a manner that violates the terms of the
2951	2951	contract; or
2952	2952	(2) a civil penalty in an amount not to exceed $2,000
2953	2953	for each disclosure in violation of those terms.
2954	2954	(e) If the attorney general brings an action against a
2955	2955	person under Subsection (d) and an injunction is granted against
2956	2956	the person or the person is found liable for a civil penalty, the
2957	2957	attorney general may recover reasonable expenses, court costs,
2958	2958	investigative costs, and attorney's fees. Each day a violation
2959	2959	continues or occurs is a separate violation for purposes of
2960	2960	imposing a penalty under Subsection (d).
2961	2961	(f) A violation of the terms of a contract entered into with
2962	2962	the department by the person with whom the department has
2963	2963	contracted is a false, misleading, or deceptive act or practice
2964	2964	under Subchapter E, Chapter 17, Business & Commerce Code.
2965	2965	(g) A civil action brought under this section shall be filed
2966	2966	in a district court:
2967	2967	(1) in Travis County; or
2968	2968	(2) in any county in which the violation occurred.
2969	2969	(h) A person with whom the department has contracted under
2970	2970	this section commits an offense if the person directly or
2971	2971	indirectly discloses information received from the department
2972	2972	under the contract in a manner that violates the terms of the
2973	2973	contract. An offense under this subsection is a Class B
2974	2974	misdemeanor. If conduct constituting an offense under this
2975	2975	subsection also constitutes an offense under another law, the actor
2976	2976	may be prosecuted under this subsection, the other law, or both.
2977	2977	(i) The department shall impose a fee on each person with
2978	2978	whom the department contracts under this section for the services
2979	2979	provided by the department under the contract. The fee must be
2980	2980	reasonable and be not less than the amount necessary to allow the
2981	2981	department to recover all reasonable costs to the department
2982	2982	associated with entering into the contract and providing services
2983	2983	to the person under the contract, including direct, indirect, and
2984	2984	administrative costs and costs related to the development and
2985	2985	deployment of the pilot program.
2986	2986	(j) The department may establish a reasonable deadline by
2987	2987	which a person must apply to enter into a contract with the
2988	2988	department under this section and may not enter into a contract with
2989	2989	a person who fails to apply before that deadline.
2990	2990	(k) To the fullest extent practicable, the services of the
2991	2991	department under a contract entered into under this section shall
2992	2992	be provided by, through, or in conjunction with the interactive
2993	2993	system established under Section 521.055.
2994	2994	(l) At the conclusion of the term of the pilot program, and
2995	2995	on the recommendation of the department, the commission may
2996	2996	authorize the department to implement the pilot program as a
2997	2997	permanent program.
2998	2998	(m) Before the department recommends that the pilot program
2999	2999	be implemented as a permanent program, the department shall submit
3000	3000	to the lieutenant governor, the speaker of the house of
3001	3001	representatives, and each member of the legislature a report that
3002	3002	contains an analysis of the scope, effectiveness, and cost benefits
3003	3003	of the pilot program. The report must include:
3004	3004	(1) a list of each insurance support organization with
3005	3005	which the department has contracted under this section; and
3006	3006	(2) a list of each client to whom the insurance support
3007	3007	organization has provided information received from the department
3008	3008	under this section.
3009	3009	SECTION 6.08. Subchapter S, Chapter 521, Transportation
3010	3010	Code, is amended by adding Section 521.4565 to read as follows:
3011	3011	Sec. 521.4565. CONSPIRING TO MANUFACTURE COUNTERFEIT
3012	3012	LICENSE OR CERTIFICATE. (a) In this section:
3013	3013	(1) "Combination," "conspires to commit," "profits,"
3014	3014	and "criminal street gang" have the meanings assigned by Section
3015	3015	71.01, Penal Code.
3016	3016	(2) "Conspires to manufacture or produce" means that:
3017	3017	(A) a person agrees with one or more other
3018	3018	persons to engage in the manufacture or production of a forged or
3019	3019	counterfeit instrument; and
3020	3020	(B) the person and one or more of the other
3021	3021	persons perform an overt act in pursuance of the agreement.
3022	3022	(3) "Instrument" means a driver's license, commercial
3023	3023	driver's license, or personal identification certificate.
3024	3024	(4) "Public servant" has the meaning assigned by
3025	3025	Section 1.07, Penal Code.
3026	3026	(b) A person commits an offense if the person establishes,
3027	3027	maintains, or participates in or conspires to establish, maintain,
3028	3028	or participate in a combination or criminal street gang, or
3029	3029	participates in the profits of a combination or criminal street
3030	3030	gang, with the intent to manufacture or produce a forged or
3031	3031	counterfeit instrument for the purpose of selling, distributing, or
3032	3032	delivering the instrument. An agreement that constitutes
3033	3033	conspiring to manufacture or produce may be inferred from the acts
3034	3034	of the parties.
3035	3035	(c) An offense under this section is a state jail felony,
3036	3036	except that an offense committed by a public servant is a felony of
3037	3037	the third degree.
3038	3038	SECTION 6.09. Section 548.005, Transportation Code, is
3039	3039	amended to read as follows:
3040	3040	Sec. 548.005. INSPECTION ONLY BY STATE-CERTIFIED AND
3041	3041	SUPERVISED INSPECTION STATION. A compulsory inspection under this
3042	3042	chapter may be made only by an inspection station, except that the
3043	3043	department may:
3044	3044	(1) permit inspection to be made by an inspector under
3045	3045	terms and conditions the department prescribes; [and]
3046	3046	(2) authorize the acceptance in this state of a
3047	3047	certificate of inspection and approval issued in another state
3048	3048	having a similar inspection law; and
3049	3049	(3) authorize the acceptance in this state of a
3050	3050	certificate of inspection and approval issued in compliance with 49
3051	3051	C.F.R. Part 396 to a motor bus, as defined by Section 502.001, that
3052	3052	is registered in this state but is not domiciled in this state.
3053	3053	SECTION 6.10. Section 708.157(c), Transportation Code, is
3054	3054	amended to read as follows:
3055	3055	(c) The department by rule shall [may] establish an
3056	3056	indigency program for holders of a driver's license on which a
3057	3057	surcharge has been assessed for certain offenses, as determined by
3058	3058	the department.
3059	3059	SECTION 6.11. Section 22.0834, Education Code, is amended
3060	3060	by adding Subsections (k), (l), (m), (n), (o), and (p) to read as
3061	3061	follows:
3062	3062	(k) The requirements of this section apply to an entity that
3063	3063	contracts directly with a school district, open-enrollment charter
3064	3064	school, or shared services arrangement and any subcontractor of the
3065	3065	entity.
3066	3066	(l) A contracting entity shall require that a
3067	3067	subcontracting entity obtain all criminal history record
3068	3068	information that relates to an employee to whom Subsection (a)
3069	3069	applies. If a contracting or subcontracting entity determines that
3070	3070	Subsection (a) does not apply to an employee, the contracting or
3071	3071	subcontracting entity shall make a reasonable effort to ensure that
3072	3072	the conditions or precautions that resulted in the determination
3073	3073	that Subsection (a) did not apply to the employee continue to exist
3074	3074	throughout the time that the contracted services are provided.
3075	3075	(m) A contracting entity complies with the requirements of
3076	3076	this section if the contracting entity obtains a written statement
3077	3077	from each subcontracting entity certifying that the subcontracting
3078	3078	entity has obtained the required criminal history record
3079	3079	information for employees of the subcontracting entity and the
3080	3080	subcontracting entity has obtained certification from each of the
3081	3081	subcontracting entity's subcontractors.
3082	3082	(n) A subcontracting entity must certify to the school
3083	3083	district, open-enrollment charter school, or shared services
3084	3084	arrangement and the contracting entity that the subcontracting
3085	3085	entity has obtained all criminal history record information that
3086	3086	relates to an employee to whom Subsection (a) applies and has
3087	3087	obtained similar written certifications from the subcontracting
3088	3088	entity's subcontractors.
3089	3089	(o) A contracting or subcontracting entity may not permit an
3090	3090	employee to whom Subsection (a) applies to provide services at a
3091	3091	school if the employee has been convicted of a felony or misdemeanor
3092	3092	offense that would prevent a person from obtaining certification as
3093	3093	an educator under Section 21.060.
3094	3094	(p) In this section:
3095	3095	(1) "Contracting entity" means an entity that
3096	3096	contracts directly with a school district, open-enrollment charter
3097	3097	school, or shared services arrangement to provide services to the
3098	3098	school district, open-enrollment charter school, or shared
3099	3099	services arrangement.
3100	3100	(2) "Subcontracting entity" means an entity that
3101	3101	contracts with another entity that is not a school district,
3102	3102	open-enrollment charter school, or shared services arrangement to
3103	3103	provide services to a school district, open-enrollment charter
3104	3104	school, or shared services arrangement.
3105	3105	ARTICLE 7. TEXAS RANGERS' UNSOLVED CRIMES INVESTIGATION TEAM
3106	3106	SECTION 7.01. The heading to Subchapter J, Chapter 411,
3107	3107	Government Code, is amended to read as follows:
3108	3108	SUBCHAPTER J. UNSOLVED CRIMES INVESTIGATION PROGRAM [TEAM]
3109	3109	SECTION 7.02. Section 411.262, Government Code, is amended
3110	3110	to read as follows:
3111	3111	Sec. 411.262. UNSOLVED CRIMES INVESTIGATION PROGRAM
3112	3112	[TEAM]. (a) The unsolved crimes investigation program [team] is
3113	3113	an investigative program [investigatory unit] within the
3114	3114	department.
3115	3115	(b) The program is a function [team will be located at the
3116	3116	headquarters] of the Texas Rangers [in Austin, Texas,] and will be
3117	3117	commanded by the chief of the Texas Rangers.
3118	3118	(c) The director may employ commissioned peace officers and
3119	3119	noncommissioned employees to perform duties required of the program
3120	3120	[team].
3121	3121	(d) To be eligible for employment under this section, a
3122	3122	peace officer must be a sergeant or higher-ranked officer of the
3123	3123	Texas Rangers and must have [not less than four years of experience
3124	3124	as a peace officer and:
3125	3125	[(1) a degree from an accredited institution of higher
3126	3126	education in law, accounting, or computer science; or
3127	3127	[(2)] two or more years of experience in the
3128	3128	investigation of homicides or other major felonies.
3129	3129	(e) To be eligible for employment under this section, a
3130	3130	noncommissioned employee must meet the experience, training, and
3131	3131	educational qualifications set by the director as requirements for
3132	3132	investigating or assisting in the investigation of an unsolved
3133	3133	crime.
3134	3134	SECTION 7.03. Section 411.263, Government Code, is amended
3135	3135	to read as follows:
3136	3136	Sec. 411.263. ASSISTANCE ON REQUEST. On the request of an
3137	3137	attorney representing the state and with the approval of the
3138	3138	director, employees of the unsolved crimes investigation program
3139	3139	[team] of the department may assist local law enforcement in the
3140	3140	investigation of crime.
3141	3141	SECTION 7.04. This article takes effect immediately if this
3142	3142	Act receives a vote of two-thirds of all the members elected to each
3143	3143	house, as provided by Section 39, Article III, Texas Constitution.
3144	3144	If this Act does not receive the vote necessary for immediate
3145	3145	effect, this article takes effect September 1, 2009.
3146	3146	ARTICLE 8. DISSEMINATION OF EMERGENCY PUBLIC SERVICE MESSAGES
3147	3147	SECTION 8.01. Section 418.047, Government Code, is amended
3148	3148	by adding Subsection (a-1) to read as follows:
3149	3149	(a-1) The division shall coordinate with the Texas
3150	3150	Department of Transportation to establish additional methods for
3151	3151	disseminating emergency public service messages to motorists,
3152	3152	including:
3153	3153	(1) severe weather advisories;
3154	3154	(2) AMBER alerts under Subchapter L, Chapter 411; and
3155	3155	(3) silver alerts under Subchapter M, Chapter 411.
3156	3156	ARTICLE 9. AUTHORITY OF DEPARTMENT TO OBTAIN AND USE CRIMINAL
3157	3157	HISTORY RECORD INFORMATION FOR CERTAIN DEPARTMENTAL AUTHORIZATIONS
3158	3158	SECTION 9.01. Subchapter F, Chapter 411, Government Code,
3159	3159	is amended by adding Section 411.0891 to read as follows:
3160	3160	Sec. 411.0891. DEPARTMENT ACCESS TO CRIMINAL HISTORY RECORD
3161	3161	INFORMATION: CERTAIN DEPARTMENTAL AUTHORIZATIONS. (a) Subject to
3162	3162	Section 411.087, the department is authorized to obtain and use
3163	3163	criminal history record information maintained by the Federal
3164	3164	Bureau of Investigation or the department that relates to a person
3165	3165	who:
3166	3166	(1) is an applicant for or holds a registration issued
3167	3167	by the director under Subchapter C, Chapter 481, Health and Safety
3168	3168	Code, that authorizes the person to manufacture, distribute,
3169	3169	analyze, or conduct research with a controlled substance;
3170	3170	(2) is an applicant for or holds a chemical precursor
3171	3171	transfer permit issued by the director under Section 481.078,
3172	3172	Health and Safety Code;
3173	3173	(3) is an applicant for or holds a chemical laboratory
3174	3174	apparatus transfer permit issued by the director under Section
3175	3175	481.081, Health and Safety Code;
3176	3176	(4) is an applicant for certification by the
3177	3177	department as an inspection station or an inspector under
3178	3178	Subchapter G, Chapter 548, Transportation Code, holds an inspection
3179	3179	station or inspector certificate issued under that subchapter, or
3180	3180	is the owner of an inspection station operating under that chapter;
3181	3181	or
3182	3182	(5) is an applicant for approval or has been approved
3183	3183	as a program sponsor by the department under Chapter 662,
3184	3184	Transportation Code, is an applicant for certification by the
3185	3185	department as an instructor under that chapter, or holds an
3186	3186	instructor certificate issued under that chapter.
3187	3187	(b) The department may release or disclose criminal history
3188	3188	record information obtained or used by the department for a purpose
3189	3189	described by Subsection (a) to another person or agency only:
3190	3190	(1) in a criminal proceeding;
3191	3191	(2) in a hearing conducted by the department;
3192	3192	(3) under an order from a court; or
3193	3193	(4) with the consent of the person who is the subject
3194	3194	of the criminal history record information.
3195	3195	(c) This section may not be construed to limit the authority
3196	3196	of the department to disseminate criminal history record
3197	3197	information as provided by Section 411.083.
3198	3198	SECTION 9.02. This article takes effect immediately if this
3199	3199	Act receives a vote of two-thirds of all the members elected to each
3200	3200	house, as provided by Section 39, Article III, Texas Constitution.
3201	3201	If this Act does not receive the vote necessary for immediate
3202	3202	effect, this article takes effect September 1, 2009.
3203	3203	ARTICLE 9A. DISCLOSURE OF CRIMINAL HISTORY RECORD INFORMATION
3204	3204	REGARDING PUBLIC SCHOOL EMPLOYEES
3205	3205	SECTION 9A.01. Section 411.084, Government Code, is amended
3206	3206	by amending Subsection (a) and adding Subsections (a-1) and (c) to
3207	3207	read as follows:
3208	3208	(a) Criminal history record information obtained from the
3209	3209	department under this subchapter, including any identification
3210	3210	information that could reveal the identity of a person about whom
3211	3211	criminal history record information is requested and information
3212	3212	that directly or indirectly indicates or implies involvement of a
3213	3213	person in the criminal justice system:
3214	3214	(1) is for the exclusive use of the authorized
3215	3215	recipient of the information; and
3216	3216	(2) may be disclosed or used by the recipient only if,
3217	3217	and only to the extent that, disclosure or use is authorized or
3218	3218	directed by:
3219	3219	(A) this subchapter;
3220	3220	(B) another statute;
3221	3221	(C) a rule adopted under a statute; or
3222	3222	(D) an order of a court of competent
3223	3223	jurisdiction.
3224	3224	(a-1) The term "criminal history record" information under
3225	3225	Subsection (a) does not refer to any specific document produced to
3226	3226	comply with this subchapter but to the information contained,
3227	3227	wholly or partly, in a document's original form or any subsequent
3228	3228	form or use.
3229	3229	(c) An agency or individual may not confirm the existence or
3230	3230	nonexistence of criminal history record information to any person
3231	3231	that is not eligible to receive the information.
3232	3232	SECTION 9A.02. Sections 411.090(b) and (c), Government Code,
3233	3233	are amended to read as follows:
3234	3234	(b) Criminal history record information obtained by the
3235	3235	board in the original form or any subsequent form [under Subsection
3236	3236	(a)]:
3237	3237	(1) may be used only for a [any] purpose related to the
3238	3238	issuance, denial, suspension, or cancellation of a certificate
3239	3239	issued by the board;
3240	3240	(2) may not be released to any person except:
3241	3241	(A) the person who is the subject of the
3242	3242	information;
3243	3243	(B) the Texas Education Agency;
3244	3244	(C) a local or regional educational entity as
3245	3245	provided by Section 411.097; or
3246	3246	(D) by [on] court order [or with the consent of
3247	3247	the applicant for a certificate]; [and]
3248	3248	(3) is not subject to disclosure as provided by
3249	3249	Chapter 552; and
3250	3250	(4) shall be destroyed by the board after the
3251	3251	information is used for the authorized purposes.
3252	3252	(c) The department shall notify the State Board for Educator
3253	3253	Certification of the arrest of any educator, as defined by Section
3254	3254	5.001, Education Code, who has fingerprints on file with the
3255	3255	department. Any record of the notification and any information
3256	3256	contained in the notification is not subject to disclosure as
3257	3257	provided by Chapter 552.
3258	3258	SECTION 9A.03. Section 411.0901, Government Code, is
3259	3259	amended to read as follows:
3260	3260	Sec. 411.0901. ACCESS TO CRIMINAL HISTORY RECORD
3261	3261	INFORMATION: TEXAS EDUCATION AGENCY. (a) The Texas Education
3262	3262	Agency is entitled to obtain criminal history record information
3263	3263	maintained by the department about a person who:
3264	3264	(1) is employed or is an applicant for employment by a
3265	3265	school district or open-enrollment charter school;
3266	3266	(2) is employed or is an applicant for employment by a
3267	3267	shared services arrangement, if the employee's or applicant's
3268	3268	duties are or will be performed on school property or at another
3269	3269	location where students are regularly present; or
3270	3270	(3) is employed or is an applicant for employment by an
3271	3271	entity that contracts with a school district, open-enrollment
3272	3272	charter school, or shared services arrangement if:
3273	3273	(A) the employee or applicant has or will have
3274	3274	continuing duties relating to the contracted services; and
3275	3275	(B) the employee or applicant has or will have
3276	3276	direct contact with students.
3277	3277	(b) Criminal history record information obtained by the
3278	3278	agency in the original form or any subsequent form:
3279	3279	(1) may be used only for a purpose authorized by the
3280	3280	Education Code;
3281	3281	(2) may not be released to any person except:
3282	3282	(A) the person who is the subject of the
3283	3283	information;
3284	3284	(B) the State Board for Educator Certification;
3285	3285	(C) a local or regional educational entity as
3286	3286	provided by Section 411.097; or
3287	3287	(D) by court order;
3288	3288	(3) is not subject to disclosure as provided by
3289	3289	Chapter 552; and
3290	3290	(4) shall be destroyed by the agency after the
3291	3291	information is used for the authorized purposes.
3292	3292	SECTION 9A.04. Section 411.097, Government Code, is amended
3293	3293	by amending Subsection (d) and adding Subsection (f) to read as
3294	3294	follows:
3295	3295	(d) Criminal history record information obtained by a
3296	3296	school district, charter school, private school, service center,
3297	3297	commercial transportation company, or shared services arrangement
3298	3298	in the original form or any subsequent form:
3299	3299	(1) [under Subsection (a), (b), or (c)] may not be
3300	3300	released [or disclosed] to any person except:
3301	3301	(A) [, other than] the individual who is the
3302	3302	subject of the information;
3303	3303	(B) [,] the Texas Education Agency;
3304	3304	(C) [,] the State Board for Educator
3305	3305	Certification;
3306	3306	(D) [, or] the chief personnel officer of the
3307	3307	transportation company, if the information is obtained under
3308	3308	Subsection (a)(2); or
3309	3309	(E) by court order;
3310	3310	(2) is not subject to disclosure as provided by
3311	3311	Chapter 552; and
3312	3312	(3) shall be destroyed by the school district, charter
3313	3313	school, private school, service center, commercial transportation
3314	3314	company, or shared services arrangement on the earlier of:
3315	3315	(A) the first anniversary of the date the
3316	3316	information was originally obtained; or
3317	3317	(B) the date the information is used for the
3318	3318	authorized purpose.
3319	3319	(f) An employee of a school district, charter school,
3320	3320	private school, regional education service center, commercial
3321	3321	transportation company, or education shared services arrangement
3322	3322	or an entity that contracts to provide services to a school
3323	3323	district, charter school, or shared services arrangement may
3324	3324	request from the employer a copy of any criminal history record
3325	3325	information relating to that employee that the employer has
3326	3326	obtained as provided by Subchapter C, Chapter 22, Education Code.
3327	3327	The employer may charge a fee to an employee requesting a copy of
3328	3328	the information in an amount not to exceed the actual cost of
3329	3329	copying the requested criminal history record information.
3330	3330	SECTION 9A.05. Subchapter C, Chapter 22, Education Code, is
3331	3331	amended by adding Section 22.08391 to read as follows:
3332	3332	Sec. 22.08391. CONFIDENTIALITY OF INFORMATION. (a)
3333	3333	Information collected about a person to comply with this
3334	3334	subchapter, including the person's name, address, phone number,
3335	3335	social security number, driver's license number, other
3336	3336	identification number, and fingerprint records:
3337	3337	(1) may not be released except:
3338	3338	(A) to comply with this subchapter;
3339	3339	(B) by court order; or
3340	3340	(C) with the consent of the person who is the
3341	3341	subject of the information;
3342	3342	(2) is not subject to disclosure as provided by
3343	3343	Chapter 552, Government Code; and
3344	3344	(3) shall be destroyed by the requestor or any
3345	3345	subsequent holder of the information not later than the first
3346	3346	anniversary of the date the information is received.
3347	3347	(b) Any criminal history record information received by the
3348	3348	State Board for Educator Certification as provided by this
3349	3349	subchapter is subject to Section 411.090(b), Government Code.
3350	3350	(c) Any criminal history record information received by the
3351	3351	agency as provided by this subchapter is subject to Section
3352	3352	411.0901(b), Government Code.
3353	3353	(d) Any criminal history record information received by a
3354	3354	school district, charter school, private school, regional
3355	3355	education service center, commercial transportation company, or
3356	3356	education shared services arrangement or an entity that contracts
3357	3357	to provide services to a school district, charter school, or shared
3358	3358	services arrangement as provided by this subchapter is subject to
3359	3359	Section 411.097(d), Government Code.
3360	3360	SECTION 9A.06. The change in law made by this article
3361	3361	applies to information collected, assembled, or maintained before,
3362	3362	on, or after the effective date of this article.
3363	3363	ARTICLE 10. COLLECTION, MAINTENANCE, AND TRANSFER AND OTHER
3364	3364	DISSEMINATION OF CRIMINAL HISTORY RECORD INFORMATION AND JUVENILE
3365	3365	JUSTICE INFORMATION
3366	3366	SECTION 10.01. Section 411.042(b), Government Code, as
3367	3367	amended by Chapters 70 (H.B. 76), 1306 (S.B. 839), and 1372 (S.B.
3368	3368	9), Acts of the 80th Legislature, Regular Session, 2007, is
3369	3369	reenacted and amended to read as follows:
3370	3370	(b) The bureau of identification and records shall:
3371	3371	(1) procure and file for record photographs, pictures,
3372	3372	descriptions, fingerprints, measurements, and other pertinent
3373	3373	information of all persons arrested for or charged with a criminal
3374	3374	offense or convicted of a criminal offense, regardless of whether
3375	3375	the conviction is probated;
3376	3376	(2) collect information concerning the number and
3377	3377	nature of offenses reported or known to have been committed in the
3378	3378	state and the legal steps taken in connection with the offenses, and
3379	3379	other information useful in the study of crime and the
3380	3380	administration of justice, including information that enables the
3381	3381	bureau to create a statistical breakdown of offenses in which
3382	3382	family violence was involved and a statistical breakdown of
3383	3383	offenses under Sections 22.011 and 22.021, Penal Code;
3384	3384	(3) make ballistic tests of bullets and firearms and
3385	3385	chemical analyses of bloodstains, cloth, materials, and other
3386	3386	substances for law enforcement officers of the state;
3387	3387	(4) cooperate with identification and crime records
3388	3388	bureaus in other states and the United States Department of
3389	3389	Justice;
3390	3390	(5) maintain a list of all previous background checks
3391	3391	for applicants for any position regulated under Chapter 1702,
3392	3392	Occupations Code, who have undergone a criminal history background
3393	3393	check under Section 411.119, if the check indicates a Class B
3394	3394	misdemeanor or equivalent offense or a greater offense;
3395	3395	(6) collect information concerning the number and
3396	3396	nature of protective orders and all other pertinent information
3397	3397	about all persons on active protective orders. Information in the
3398	3398	law enforcement information system relating to an active protective
3399	3399	order shall include:
3400	3400	(A) the name, sex, race, date of birth, personal
3401	3401	descriptors, address, and county of residence of the person to whom
3402	3402	the order is directed;
3403	3403	(B) any known identifying number of the person to
3404	3404	whom the order is directed, including the person's social security
3405	3405	number or driver's license number;
3406	3406	(C) the name and county of residence of the
3407	3407	person protected by the order;
3408	3408	(D) the residence address and place of employment
3409	3409	or business of the person protected by the order, unless that
3410	3410	information is excluded from the order under Section 85.007, Family
3411	3411	Code;
3412	3412	(E) the child-care facility or school where a
3413	3413	child protected by the order normally resides or which the child
3414	3414	normally attends, unless that information is excluded from the
3415	3415	order under Section 85.007, Family Code;
3416	3416	(F) the relationship or former relationship
3417	3417	between the person who is protected by the order and the person to
3418	3418	whom the order is directed; and
3419	3419	(G) the date the order expires; [and]
3420	3420	(7) grant access to criminal history record
3421	3421	information in the manner authorized under Subchapter F;
3422	3422	(8) [(7)] collect and disseminate information
3423	3423	regarding offenders with mental impairments in compliance with
3424	3424	Chapter 614, Health and Safety Code; and
3425	3425	(9) record data and maintain a state database for a
3426	3426	computerized criminal history record system and computerized
3427	3427	juvenile justice information system that serves:
3428	3428	(A) as the record creation point for criminal
3429	3429	history record information and juvenile justice information
3430	3430	maintained by the state; and
3431	3431	(B) as the control terminal for the entry of
3432	3432	records, in accordance with federal law and regulations, federal
3433	3433	executive orders, and federal policy, into the federal database
3434	3434	maintained by the Federal Bureau of Investigation.
3435	3435	SECTION 10.02. Section 411.083(b), Government Code, is
3436	3436	amended to read as follows:
3437	3437	(b) The department shall grant access to criminal history
3438	3438	record information to:
3439	3439	(1) criminal justice agencies;
3440	3440	(2) noncriminal justice agencies authorized by
3441	3441	federal statute or executive order or by state statute to receive
3442	3442	criminal history record information;
3443	3443	(3) the person who is the subject of the criminal
3444	3444	history record information;
3445	3445	(4) a person working on a research or statistical
3446	3446	project that:
3447	3447	(A) is funded in whole or in part by state funds;
3448	3448	or
3449	3449	(B) meets the requirements of Part 22, Title 28,
3450	3450	Code of Federal Regulations, and is approved by the department;
3451	3451	(5) an individual or an agency that has a specific
3452	3452	agreement with a criminal justice agency to provide services
3453	3453	required for the administration of criminal justice under that
3454	3454	agreement, if the agreement:
3455	3455	(A) specifically authorizes access to
3456	3456	information;
3457	3457	(B) limits the use of information to the purposes
3458	3458	for which it is given;
3459	3459	(C) ensures the security and confidentiality of
3460	3460	the information; [and]
3461	3461	(D) provides for sanctions if a requirement
3462	3462	imposed under Paragraph (A), (B), or (C) is violated; and
3463	3463	(E) requires the individual or agency to perform
3464	3464	the applicable services in a manner prescribed by the department;
3465	3465	(6) an individual or an agency that has a specific
3466	3466	agreement with a noncriminal justice agency to provide services
3467	3467	related to the use of criminal history record information
3468	3468	disseminated under this subchapter, if the agreement:
3469	3469	(A) specifically authorizes access to
3470	3470	information;
3471	3471	(B) limits the use of information to the purposes
3472	3472	for which it is given;
3473	3473	(C) ensures the security and confidentiality of
3474	3474	the information; [and]
3475	3475	(D) provides for sanctions if a requirement
3476	3476	imposed under Paragraph (A), (B), or (C) is violated; and
3477	3477	(E) requires the individual or agency to perform
3478	3478	the applicable services in a manner prescribed by the department;
3479	3479	(7) a county or district clerk's office; and
3480	3480	(8) the Office of Court Administration of the Texas
3481	3481	Judicial System.
3482	3482	SECTION 10.03. Section 411.084(b), Government Code, is
3483	3483	amended to read as follows:
3484	3484	(b) Notwithstanding Subsection (a) or any other provision
3485	3485	in this subchapter, criminal history record information obtained
3486	3486	from the Federal Bureau of Investigation may be released or
3487	3487	disclosed only to a governmental entity or as authorized by federal
3488	3488	law and regulations [statute, federal rule], [or] federal executive
3489	3489	orders, and federal policy [order].
3490	3490	SECTION 10.04. Sections 411.0845(e), (i), and (k),
3491	3491	Government Code, are amended to read as follows:
3492	3492	(e) A person entitled to receive criminal history record
3493	3493	information under this section must provide the department with the
3494	3494	following information regarding the person who is the subject of
3495	3495	the criminal history record information requested:
3496	3496	(1) the person's full name, date of birth, sex, [Texas
3497	3497	driver's license number or personal identification certificate
3498	3498	number,] and social security number, and the number assigned to any
3499	3499	form of unexpired identification card issued by this state or
3500	3500	another state, the District of Columbia, or a territory of the
3501	3501	United States that includes the person's photograph;
3502	3502	(2) a recent electronic digital image photograph of
3503	3503	the person and a complete set of the person's fingerprints as
3504	3504	required by the department; and
3505	3505	(3) any other information required by the department.
3506	3506	(i) The release under this section of any criminal history
3507	3507	record information maintained by the Federal Bureau of
3508	3508	Investigation, including the computerized information submitted to
3509	3509	the federal database maintained by the Federal Bureau of
3510	3510	Investigation as described by Section 411.042(b)(9)(B), is subject
3511	3511	to federal law and regulations, federal executive orders, and
3512	3512	federal policy.
3513	3513	(k) A governmental agency may coordinate with the
3514	3514	department regarding the use of the fingerprinting fee collection
3515	3515	process to collect [collection of] a fee for the criminal history
3516	3516	record information and any other fees associated with obtaining a
3517	3517	person's fingerprints as required by the department [through the
3518	3518	fingerprinting fee collection process].
3519	3519	SECTION 10.05. Section 411.085(a), Government Code, is
3520	3520	amended to read as follows:
3521	3521	(a) A person commits an offense if the person knowingly or
3522	3522	intentionally:
3523	3523	(1) obtains criminal history record information in an
3524	3524	unauthorized manner, uses the information for an unauthorized
3525	3525	purpose, or discloses the information to a person who is not
3526	3526	entitled to the information;
3527	3527	[(2) provides a person with a copy of the person's
3528	3528	criminal history record information obtained from the department;]
3529	3529	or
3530	3530	(2) [(3)] violates a rule of the department adopted
3531	3531	under this subchapter.
3532	3532	SECTION 10.06. Section 411.094(d), Government Code, is
3533	3533	amended to read as follows:
3534	3534	(d) Criminal history record information received by an
3535	3535	institution of higher education under Subsection (b) may not be
3536	3536	released or disclosed to any person except on court order or with
3537	3537	the consent of the person who is the subject of the criminal history
3538	3538	record information.
3539	3539	SECTION 10.07. Section 411.0985(c), Government Code, is
3540	3540	amended to read as follows:
3541	3541	(c) The Texas Commission for the Blind may not release or
3542	3542	disclose information obtained under Subsection (a) except on court
3543	3543	order or with the consent of the person who is the subject of the
3544	3544	criminal history record information.
3545	3545	SECTION 10.08. Section 411.1005(b), Government Code, is
3546	3546	amended to read as follows:
3547	3547	(b) Information received by the state bar is confidential
3548	3548	and may be disseminated only:
3549	3549	(1) in a disciplinary action or proceeding conducted
3550	3550	by the state bar, the Board of Disciplinary Appeals, or any court;
3551	3551	or
3552	3552	(2) with the consent of the person who is the subject
3553	3553	of the criminal history record information.
3554	3554	SECTION 10.09. Section 411.1131(c), Government Code, is
3555	3555	amended to read as follows:
3556	3556	(c) The Texas Commission for the Deaf and Hard of Hearing
3557	3557	may not release or disclose information obtained under Subsection
3558	3558	(a), except on court order or with the consent of the person who is
3559	3559	the subject of the criminal history record information, and shall
3560	3560	destroy all criminal history record information obtained under
3561	3561	Subsection (a) after the information is used for its authorized
3562	3562	purpose.
3563	3563	SECTION 10.10. Section 411.1182(c), Government Code, is
3564	3564	amended to read as follows:
3565	3565	(c) Criminal history information obtained from the
3566	3566	department may not be released or disclosed except:
3567	3567	(1) as needed in protecting the security of a
3568	3568	commercial nuclear power plant;
3569	3569	(2) [or] as authorized by the United States Nuclear
3570	3570	Regulatory Commission, a court order, or a federal or state law or
3571	3571	order; or
3572	3572	(3) with the consent of the person who is the subject
3573	3573	of the criminal history record information.
3574	3574	SECTION 10.11. Section 411.120(b), Government Code, is
3575	3575	amended to read as follows:
3576	3576	(b) Criminal history record information obtained by a
3577	3577	county judge under Subsection (a) may not be released or disclosed
3578	3578	to any person except in a hearing held under Chapter 25 or 69,
3579	3579	Alcoholic Beverage Code, or with the consent of the person who is
3580	3580	the subject of the criminal history record information.
3581	3581	SECTION 10.12. Section 411.1236(b), Government Code, is
3582	3582	amended to read as follows:
3583	3583	(b) Criminal history record information obtained by the
3584	3584	Texas Commission on Fire Protection under Subsection (a) may not be
3585	3585	released to any person or agency except on court order or with the
3586	3586	consent of the person who is the subject of the criminal history
3587	3587	record information, or if [unless] the information is entered into
3588	3588	evidence by the board in an administrative, civil, or criminal
3589	3589	hearing under Chapter 419.
3590	3590	SECTION 10.13. Section 411.136(e), Government Code, is
3591	3591	amended to read as follows:
3592	3592	(e) All criminal history record information received by a
3593	3593	public or nonprofit hospital or hospital district under this
3594	3594	section is privileged, confidential, and intended for the exclusive
3595	3595	use of the entity that obtained the information. The hospital or
3596	3596	district may not release or disclose criminal history record
3597	3597	information to any person or agency except in a criminal
3598	3598	proceeding, in a hearing conducted by the hospital or district, to
3599	3599	another governmental entity as required by law, [or] as required by
3600	3600	court order, or with the consent of the person who is the subject of
3601	3601	the criminal history record information.
3602	3602	SECTION 10.14. Section 411.139(b), Government Code, is
3603	3603	amended to read as follows:
3604	3604	(b) Criminal history record information obtained by the
3605	3605	securities commissioner under this section may not be released by
3606	3606	any person or agency except on court order or with the consent of
3607	3607	the person who is the subject of the criminal history record
3608	3608	information, unless the information is entered into evidence by the
3609	3609	State Securities Board or a court at an administrative proceeding
3610	3610	or a civil or criminal action under The Securities Act (Article
3611	3611	581-1 et seq., Vernon's Texas Civil Statutes).
3612	3612	SECTION 10.15. Section 411.140(b), Government Code, is
3613	3613	amended to read as follows:
3614	3614	(b) Information received by the State Commission on
3615	3615	Judicial Conduct is confidential and may be disseminated only in an
3616	3616	investigation or proceeding conducted by the commission or with the
3617	3617	consent of the person who is the subject of the criminal history
3618	3618	record information.
3619	3619	SECTION 10.16. Section 411.1402(c), Government Code, is
3620	3620	amended to read as follows:
3621	3621	(c) The Employees Retirement System of Texas may not release
3622	3622	or disclose information obtained under Subsection (a) except on
3623	3623	court order or with the consent of the person who is the subject of
3624	3624	the criminal history record information.
3625	3625	SECTION 10.17. Section 411.1406(d), Government Code, as
3626	3626	added by Chapter 406 (S.B. 885), Acts of the 80th Legislature,
3627	3627	Regular Session, 2007, is amended to read as follows:
3628	3628	(d) The court may not release or disclose information
3629	3629	obtained under Subsection (b) except on order of a district court or
3630	3630	with the consent of the person who is the subject of the criminal
3631	3631	history record information.
3632	3632	SECTION 10.18. To the extent of any conflict, this article
3633	3633	prevails over another Act of the 81st Legislature, Regular Session,
3634	3634	2009, relating to nonsubstantive additions to and corrections in
3635	3635	enacted codes.
3636	3636	SECTION 10.19. This article takes effect immediately if
3637	3637	this Act receives a vote of two-thirds of all the members elected to
3638	3638	each house, as provided by Section 39, Article III, Texas
3639	3639	Constitution. If this Act does not receive the vote necessary for
3640	3640	immediate effect, this article takes effect September 1, 2009.
3641	3641	ARTICLE 11. ADMINISTRATION OF CERTAIN PROVISIONS AFFECTING THE
3642	3642	LICENSING OF PERSONS TO CARRY A CONCEALED HANDGUN
3643	3643	SECTION 11.01. Section 411.1711, Government Code, is
3644	3644	amended to read as follows:
3645	3645	Sec. 411.1711. CERTAIN EXEMPTIONS FROM CONVICTIONS. A
3646	3646	person is not convicted, as that term is defined by Section 411.171,
3647	3647	if an order of deferred adjudication was entered against the person
3648	3648	on a date not less than 10 years preceding the date of the person's
3649	3649	application for a license under this subchapter unless the order of
3650	3650	deferred adjudication was entered against the person for:
3651	3651	(1) a felony [an] offense under:
3652	3652	(A) Title 5, Penal Code;
3653	3653	(B) [, or] Chapter 29, Penal Code;
3654	3654	(C) Section 25.07, Penal Code; or
3655	3655	(D) Section 30.02, Penal Code, if the offense is
3656	3656	punishable under Subsection (c)(2) or (d) of that section; or
3657	3657	(2) an offense under the laws of another state if the
3658	3658	offense contains elements that are substantially similar to the
3659	3659	elements of an offense listed in Subdivision (1).
3660	3660	SECTION 11.02. Section 411.171(4), Government Code, is
3661	3661	amended to read as follows:
3662	3662	(4) "Convicted" means an adjudication of guilt or,
3663	3663	except as provided in Section 411.1711, an order of deferred
3664	3664	adjudication entered against a person by a court of competent
3665	3665	jurisdiction whether or not the imposition of the sentence is
3666	3666	subsequently probated and the person is discharged from community
3667	3667	supervision. The term does not include an adjudication of guilt or
3668	3668	an order of deferred adjudication that has been subsequently:
3669	3669	(A) expunged; [or]
3670	3670	(B) pardoned under the authority of a state or
3671	3671	federal official; or
3672	3672	(C) otherwise vacated, set aside, annulled,
3673	3673	invalidated, voided, or sealed under any state or federal law.
3674	3674	SECTION 11.03. Section 411.172, Government Code, is amended
3675	3675	by amending Subsections (a), (b), (d), and (e) and adding
3676	3676	Subsection (b-1) to read as follows:
3677	3677	(a) A person is eligible for a license to carry a concealed
3678	3678	handgun if the person:
3679	3679	(1) is a legal resident of this state for the six-month
3680	3680	period preceding the date of application under this subchapter or
3681	3681	is otherwise eligible for a license under Section 411.173(a);
3682	3682	(2) is at least 21 years of age;
3683	3683	(3) has not been convicted of a felony;
3684	3684	(4) is not charged with the commission of a Class A or
3685	3685	Class B misdemeanor or equivalent offense, or of an offense under
3686	3686	Section 42.01, Penal Code, or equivalent offense, or of a felony
3687	3687	under an information or indictment;
3688	3688	(5) is not a fugitive from justice for a felony or a
3689	3689	Class A or Class B misdemeanor or equivalent offense;
3690	3690	(6) is not a chemically dependent person;
3691	3691	(7) is not incapable of exercising sound judgment with
3692	3692	respect to the proper use and storage of a handgun;
3693	3693	(8) has not, in the five years preceding the date of
3694	3694	application, been convicted of a Class A or Class B misdemeanor or
3695	3695	equivalent offense or of an offense under Section 42.01, Penal
3696	3696	Code, or equivalent offense;
3697	3697	(9) is fully qualified under applicable federal and
3698	3698	state law to purchase a handgun;
3699	3699	(10) has not been finally determined to be delinquent
3700	3700	in making a child support payment administered or collected by the
3701	3701	attorney general;
3702	3702	(11) has not been finally determined to be delinquent
3703	3703	in the payment of a tax or other money collected by the comptroller,
3704	3704	the tax collector of a political subdivision of the state, or any
3705	3705	agency or subdivision of the state;
3706	3706	(12) [has not been finally determined to be in default
3707	3707	on a loan made under Chapter 57, Education Code;
3708	3708	[(13)] is not currently restricted under a court
3709	3709	protective order or subject to a restraining order affecting the
3710	3710	spousal relationship, other than a restraining order solely
3711	3711	affecting property interests;
3712	3712	(13) [(14)] has not, in the 10 years preceding the
3713	3713	date of application, been adjudicated as having engaged in
3714	3714	delinquent conduct violating a penal law of the grade of felony; and
3715	3715	(14) [(15)] has not made any material
3716	3716	misrepresentation, or failed to disclose any material fact, in an
3717	3717	application submitted pursuant to Section 411.174 [or in a request
3718	3718	for application submitted pursuant to Section 411.175].
3719	3719	(b) For the purposes of this section, an offense under the
3720	3720	laws of this state, another state, or the United States is:
3721	3721	(1) except as provided by Subsection (b-1), a felony
3722	3722	if the offense, at the time the offense is committed [of a person's
3723	3723	application for a license to carry a concealed handgun]:
3724	3724	(A) is designated by a law of this state as a
3725	3725	felony;
3726	3726	(B) contains all the elements of an offense
3727	3727	designated by a law of this state as a felony; or
3728	3728	(C) is punishable by confinement for one year or
3729	3729	more in a penitentiary; and
3730	3730	(2) a Class A misdemeanor if the offense is not a
3731	3731	felony and confinement in a jail other than a state jail felony
3732	3732	facility is affixed as a possible punishment.
3733	3733	(b-1) An offense is not considered a felony for purposes of
3734	3734	Subsection (b) if, at the time of a person's application for a
3735	3735	license to carry a concealed handgun, the offense:
3736	3736	(1) is not designated by a law of this state as a
3737	3737	felony; and
3738	3738	(2) does not contain all the elements of any offense
3739	3739	designated by a law of this state as a felony.
3740	3740	(d) For purposes of Subsection (a)(7), a person is incapable
3741	3741	of exercising sound judgment with respect to the proper use and
3742	3742	storage of a handgun if the person:
3743	3743	(1) has been diagnosed by a licensed physician as
3744	3744	suffering from a psychiatric disorder or condition that causes or
3745	3745	is likely to cause substantial impairment in judgment, mood,
3746	3746	perception, impulse control, or intellectual ability;
3747	3747	(2) suffers from a psychiatric disorder or condition
3748	3748	described by Subdivision (1) that:
3749	3749	(A) is in remission but is reasonably likely to
3750	3750	redevelop at a future time; or
3751	3751	(B) requires continuous medical treatment to
3752	3752	avoid redevelopment;
3753	3753	(3) has been diagnosed by a licensed physician,
3754	3754	determined by a review board or similar authority, or declared by a
3755	3755	court to be incompetent to manage the person's own affairs; or
3756	3756	(4) has entered in a criminal proceeding a plea of not
3757	3757	guilty by reason of insanity.
3758	3758	(e) The following constitutes evidence that a person has a
3759	3759	psychiatric disorder or condition described by Subsection (d)(1):
3760	3760	(1) involuntary psychiatric hospitalization [in the
3761	3761	preceding five-year period];
3762	3762	(2) psychiatric hospitalization [in the preceding
3763	3763	two-year period];
3764	3764	(3) inpatient or residential substance abuse
3765	3765	treatment in the preceding five-year period;
3766	3766	(4) diagnosis in the preceding five-year period by a
3767	3767	licensed physician that the person is dependent on alcohol, a
3768	3768	controlled substance, or a similar substance; or
3769	3769	(5) diagnosis at any time by a licensed physician that
3770	3770	the person suffers or has suffered from a psychiatric disorder or
3771	3771	condition consisting of or relating to:
3772	3772	(A) schizophrenia or delusional disorder;
3773	3773	(B) bipolar disorder;
3774	3774	(C) chronic dementia, whether caused by illness,
3775	3775	brain defect, or brain injury;
3776	3776	(D) dissociative identity disorder;
3777	3777	(E) intermittent explosive disorder; or
3778	3778	(F) antisocial personality disorder.
3779	3779	SECTION 11.04. Sections 411.174(a) and (b), Government
3780	3780	Code, are amended to read as follows:
3781	3781	(a) An applicant for a license to carry a concealed handgun
3782	3782	must submit to the director's designee described by Section
3783	3783	411.176:
3784	3784	(1) a completed application on a form provided by the
3785	3785	department that requires only the information listed in Subsection
3786	3786	(b);
3787	3787	(2) one or more [two recent color passport]
3788	3788	photographs of the applicant that meet the requirements of the
3789	3789	department [, except that an applicant who is younger than 21 years
3790	3790	of age must submit two recent color passport photographs in profile
3791	3791	of the applicant];
3792	3792	(3) a certified copy of the applicant's birth
3793	3793	certificate or certified proof of age;
3794	3794	(4) proof of residency in this state;
3795	3795	(5) two complete sets of legible and classifiable
3796	3796	fingerprints of the applicant taken by a person appropriately
3797	3797	trained in recording fingerprints who is employed by a law
3798	3798	enforcement agency or by a private entity designated by a law
3799	3799	enforcement agency as an entity qualified to take fingerprints of
3800	3800	an applicant for a license under this subchapter;
3801	3801	(6) a nonrefundable application and license fee of
3802	3802	$140 paid to the department;
3803	3803	(7) evidence of [a] handgun proficiency, in the form
3804	3804	and manner required by the department [certificate described by
3805	3805	Section 411.189];
3806	3806	(8) an affidavit signed by the applicant stating that
3807	3807	the applicant:
3808	3808	(A) has read and understands each provision of
3809	3809	this subchapter that creates an offense under the laws of this state
3810	3810	and each provision of the laws of this state related to use of
3811	3811	deadly force; and
3812	3812	(B) fulfills all the eligibility requirements
3813	3813	listed under Section 411.172; and
3814	3814	(9) a form executed by the applicant that authorizes
3815	3815	the director to make an inquiry into any noncriminal history
3816	3816	records that are necessary to determine the applicant's eligibility
3817	3817	for a license under Section 411.172(a).
3818	3818	(b) An applicant must provide on the application a statement
3819	3819	of the applicant's:
3820	3820	(1) full name and place and date of birth;
3821	3821	(2) race and sex;
3822	3822	(3) residence and business addresses for the preceding
3823	3823	five years;
3824	3824	(4) hair and eye color;
3825	3825	(5) height and weight;
3826	3826	(6) driver's license number or identification
3827	3827	certificate number issued by the department;
3828	3828	(7) criminal history record information of the type
3829	3829	maintained by the department under this chapter, including a list
3830	3830	of offenses for which the applicant was arrested, charged, or under
3831	3831	an information or indictment and the disposition of the offenses;
3832	3832	and
3833	3833	(8) history [during the preceding five years], if any,
3834	3834	of treatment received by, commitment to, or residence in:
3835	3835	(A) a drug or alcohol treatment center licensed
3836	3836	to provide drug or alcohol treatment under the laws of this state or
3837	3837	another state, but only if the treatment, commitment, or residence
3838	3838	occurred during the preceding five years; or
3839	3839	(B) a psychiatric hospital.
3840	3840	SECTION 11.05. Section 411.176, Government Code, is amended
3841	3841	to read as follows:
3842	3842	Sec. 411.176. REVIEW OF APPLICATION MATERIALS. (a) On
3843	3843	receipt of [the] application materials by the department at its
3844	3844	Austin headquarters, the department shall conduct the appropriate
3845	3845	criminal history record check of the applicant through its
3846	3846	computerized criminal history system. Not later than the 30th day
3847	3847	after the date the department receives the application materials,
3848	3848	the department shall forward the materials to the director's
3849	3849	designee in the geographical area of the applicant's residence so
3850	3850	that the designee may conduct the investigation described by
3851	3851	Subsection (b). For purposes of this section, the director's
3852	3852	designee may be a noncommissioned employee of the department.
3853	3853	(b) The director's designee as needed shall conduct an
3854	3854	additional criminal history record check of the applicant and an
3855	3855	investigation of the applicant's local official records to verify
3856	3856	the accuracy of the application materials. The director's designee
3857	3857	may access any records necessary for purposes of this subsection.
3858	3858	The scope of the record check and the investigation are at the sole
3859	3859	discretion of the department, except that the director's designee
3860	3860	shall complete the record check and investigation not later than
3861	3861	the 60th day after the date the department receives the application
3862	3862	materials. The department shall send a fingerprint card to the
3863	3863	Federal Bureau of Investigation for a national criminal history
3864	3864	check of the applicant. On completion of the investigation, the
3865	3865	director's designee shall return all materials and the result of
3866	3866	the investigation to the appropriate division of the department at
3867	3867	its Austin headquarters.
3868	3868	(c) The director's designee may submit to the appropriate
3869	3869	division of the department, at the department's Austin
3870	3870	headquarters, along with the application materials a written
3871	3871	recommendation for disapproval of the application, accompanied by
3872	3872	an affidavit stating personal knowledge or naming persons with
3873	3873	personal knowledge of a ground for denial under Section 411.172.
3874	3874	The director's designee [in the appropriate geographical area] may
3875	3875	also submit the application and the recommendation that the license
3876	3876	be issued.
3877	3877	(d) On receipt at the department's Austin headquarters of
3878	3878	the application materials and the result of the investigation by
3879	3879	the director's designee, the department shall conduct any further
3880	3880	record check or investigation the department determines is
3881	3881	necessary if a question exists with respect to the accuracy of the
3882	3882	application materials or the eligibility of the applicant, except
3883	3883	that the department shall complete the record check and
3884	3884	investigation not later than the 180th day after the date the
3885	3885	department receives the application materials from the applicant.
3886	3886	SECTION 11.06. Sections 411.177(a) and (b), Government
3887	3887	Code, are amended to read as follows:
3888	3888	(a) The department shall issue a license to carry a
3889	3889	concealed handgun to an applicant if the applicant meets all the
3890	3890	eligibility requirements and submits all the application
3891	3891	materials. The department may issue a license to carry handguns
3892	3892	only of the categories for which the applicant has demonstrated
3893	3893	proficiency in the form and manner required by the department
3894	3894	[indicated on the applicant's certificate of proficiency issued
3895	3895	under Section 411.189]. The department shall administer the
3896	3896	licensing procedures in good faith so that any applicant who meets
3897	3897	all the eligibility requirements and submits all the application
3898	3898	materials shall receive a license. The department may not deny an
3899	3899	application on the basis of a capricious or arbitrary decision by
3900	3900	the department.
3901	3901	(b) The department shall, not later than the 60th day after
3902	3902	the date of the receipt by the director's designee of the completed
3903	3903	application materials:
3904	3904	(1) issue the license;
3905	3905	(2) notify the applicant in writing that the
3906	3906	application was denied:
3907	3907	(A) on the grounds that the applicant failed to
3908	3908	qualify under the criteria listed in Section 411.172;
3909	3909	(B) based on the affidavit of the director's
3910	3910	designee submitted to the department under Section 411.176(c)
3911	3911	[411.176(b)]; or
3912	3912	(C) based on the affidavit of the qualified
3913	3913	handgun instructor submitted to the department under Section
3914	3914	411.188(k) [411.189(c)]; or
3915	3915	(3) notify the applicant in writing that the
3916	3916	department is unable to make a determination regarding the issuance
3917	3917	or denial of a license to the applicant within the 60-day period
3918	3918	prescribed by this subsection and include in that notification an
3919	3919	explanation of the reason for the inability and an estimation of the
3920	3920	amount of time the department will need to make the determination.
3921	3921	SECTION 11.07. Section 411.179(c), Government Code, as
3922	3922	added by Chapter 1222 (H.B. 2300), Acts of the 80th Legislature,
3923	3923	Regular Session, 2007, is amended to read as follows:
3924	3924	(c) In adopting the form of the license under Subsection
3925	3925	(a), the department shall establish a procedure for the license of a
3926	3926	qualified handgun instructor or of a judge, justice, prosecuting
3927	3927	attorney, or assistant prosecuting attorney, as described by
3928	3928	Section 46.15(a)(4) or (6), Penal Code, to indicate on the license
3929	3929	the license holder's status as a qualified handgun instructor or as
3930	3930	a judge, justice, district attorney, criminal district attorney, or
3931	3931	county attorney. In establishing the procedure, the department
3932	3932	shall require sufficient documentary evidence to establish the
3933	3933	license holder's status under this subsection.
3934	3934	SECTION 11.08. Sections 411.181(a) and (b), Government
3935	3935	Code, as amended by Chapters 594 (H.B. 41) and 1222 (H.B. 2300),
3936	3936	Acts of the 80th Legislature, Regular Session, 2007, are reenacted
3937	3937	and amended to read as follows:
3938	3938	(a) If a person who is a current license holder moves from
3939	3939	any residence [the] address stated on the license [to a new
3940	3940	residence address], if the name of the person is changed by marriage
3941	3941	or otherwise, or if the person's status [as a judge, justice,
3942	3942	district attorney, prosecuting attorney, or assistant prosecuting
3943	3943	attorney, as a federal judge, a state judge, or the spouse of a
3944	3944	federal judge or state judge,] becomes inapplicable for purposes of
3945	3945	the information required to be displayed on the license under
3946	3946	Section 411.179 [411.179(c)], the person shall, not later than the
3947	3947	30th day after the date of the address, name, or status change,
3948	3948	notify the department and provide the department with the number of
3949	3949	the person's license and, as applicable, the person's:
3950	3950	(1) former and new addresses; [or]
3951	3951	(2) former and new names; or
3952	3952	(3) former and new status.
3953	3953	(b) If the name of the license holder is changed by marriage
3954	3954	or otherwise, or if the person's status [as a federal judge or state
3955	3955	judge, or the spouse of a federal judge or state judge] becomes
3956	3956	inapplicable as described by Subsection (a), the person shall apply
3957	3957	for a duplicate license. The duplicate license must reflect
3958	3958	[include] the person's current name, residence address, and status.
3959	3959	SECTION 11.09. Section 411.184(a), Government Code, is
3960	3960	amended to read as follows:
3961	3961	(a) To modify a license to allow a license holder to carry a
3962	3962	handgun of a different category than the license indicates, the
3963	3963	license holder must:
3964	3964	(1) complete a proficiency examination as provided by
3965	3965	Section 411.188(e);
3966	3966	[(2) obtain a handgun proficiency certificate under
3967	3967	Section 411.189 not more than six months before the date of
3968	3968	application for a modified license;] and
3969	3969	(2) [(3)] submit to the department:
3970	3970	(A) an application for a modified license on a
3971	3971	form provided by the department;
3972	3972	(B) evidence of [a copy of the] handgun
3973	3973	proficiency, in the form and manner required by the department
3974	3974	[certificate];
3975	3975	(C) payment of a modified license fee of $25; and
3976	3976	(D) one or more [two recent color passport]
3977	3977	photographs of the license holder that meet the requirements of the
3978	3978	department [, except that an applicant who is younger than 21 years
3979	3979	of age must submit two recent color passport photographs in profile
3980	3980	of the applicant].
3981	3981	SECTION 11.10. Section 411.185(a), Government Code, is
3982	3982	amended to read as follows:
3983	3983	(a) To renew a license, a license holder must:
3984	3984	(1) complete a continuing education course in handgun
3985	3985	proficiency under Section 411.188(c) within the six-month period
3986	3986	preceding:
3987	3987	(A) the date of application for renewal, for a
3988	3988	first or second renewal; and
3989	3989	(B) the date of application for renewal or the
3990	3990	date of application for the preceding renewal, for a third or
3991	3991	subsequent renewal, to ensure that the license holder is not
3992	3992	required to complete the course more than once in any 10-year
3993	3993	period;
3994	3994	[(2) obtain a handgun proficiency certificate under
3995	3995	Section 411.189 within the six-month period preceding:
3996	3996	[(A) the date of application for renewal, for a
3997	3997	first or second renewal; and
3998	3998	[(B) the date of application for renewal or the
3999	3999	date of application for the preceding renewal, for a third or
4000	4000	subsequent renewal, to ensure that the license holder is not
4001	4001	required to obtain the certificate more than once in any 10-year
4002	4002	period;] and
4003	4003	(2) [(3)] submit to the department:
4004	4004	(A) an application for renewal on a form provided
4005	4005	by the department;
4006	4006	(B) evidence of [a copy of the] handgun
4007	4007	proficiency, in the form and manner required by the department
4008	4008	[certificate];
4009	4009	(C) payment of a nonrefundable renewal fee as set
4010	4010	by the department; and
4011	4011	(D) one or more [two recent color passport]
4012	4012	photographs of the applicant that meet the requirements of the
4013	4013	department.
4014	4014	SECTION 11.11. Section 411.186(a), Government Code, is
4015	4015	amended to read as follows:
4016	4016	(a) The department shall revoke a [A] license [may be
4017	4017	revoked] under this section if the license holder:
4018	4018	(1) was not entitled to the license at the time it was
4019	4019	issued;
4020	4020	(2) made a material misrepresentation or failed to
4021	4021	disclose a material fact in an application submitted under this
4022	4022	subchapter [gave false information on the application];
4023	4023	(3) subsequently becomes ineligible for a license
4024	4024	under Section 411.172, unless the sole basis for the ineligibility
4025	4025	is that the license holder is charged with the commission of a Class
4026	4026	A or Class B misdemeanor or equivalent offense, or of an offense
4027	4027	under Section 42.01, Penal Code, or equivalent offense, or of a
4028	4028	felony under an information or indictment;
4029	4029	(4) is convicted of an offense under Section 46.035,
4030	4030	Penal Code;
4031	4031	(5) is determined by the department to have engaged in
4032	4032	conduct constituting a reason to suspend a license listed in
4033	4033	Section 411.187(a) after the person's license has been previously
4034	4034	suspended twice for the same reason; or
4035	4035	(6) submits an application fee that is dishonored or
4036	4036	reversed if the applicant fails to submit a cashier's check or money
4037	4037	order made payable to the "Department of Public Safety of the State
4038	4038	of Texas" in the amount of the dishonored or reversed fee, plus $25,
4039	4039	within 30 days of being notified by the department that the fee was
4040	4040	dishonored or reversed.
4041	4041	SECTION 11.12. Sections 411.187(a) and (c), Government
4042	4042	Code, are amended to read as follows:
4043	4043	(a) The department shall suspend a [A] license [may be
4044	4044	suspended] under this section if the license holder:
4045	4045	(1) is charged with the commission of a Class A or
4046	4046	Class B misdemeanor or equivalent offense, or of an offense under
4047	4047	Section 42.01, Penal Code, or equivalent offense, or of a felony
4048	4048	under an information or indictment;
4049	4049	(2) fails to display a license as required by Section
4050	4050	411.205;
4051	4051	(3) fails to notify the department of a change of
4052	4052	address, [or] name, or status as required by Section 411.181;
4053	4053	(4) carries a concealed handgun under the authority of
4054	4054	this subchapter of a different category than the license holder is
4055	4055	licensed to carry;
4056	4056	(5) fails to return a previously issued license after
4057	4057	a license is modified as required by Section 411.184(d);
4058	4058	(6) commits an act of family violence and is the
4059	4059	subject of an active protective order rendered under Title 4,
4060	4060	Family Code; or
4061	4061	(7) is arrested for an offense involving family
4062	4062	violence or an offense under Section 42.072, Penal Code, and is the
4063	4063	subject of an order for emergency protection issued under Article
4064	4064	17.292, Code of Criminal Procedure.
4065	4065	(c) The department shall suspend a [A] license [may be
4066	4066	suspended] under this section:
4067	4067	(1) for 30 days, if the person's license is subject to
4068	4068	suspension for a reason listed in Subsection (a)(3), (4), or (5),
4069	4069	except as provided by Subdivision (3);
4070	4070	(2) for 90 days, if the person's license is subject to
4071	4071	suspension for a reason listed in Subsection (a)(2), except as
4072	4072	provided by Subdivision (3);
4073	4073	(3) for not less than one year and not more than three
4074	4074	years, if the person's license:
4075	4075	(A) is subject to suspension for a reason listed
4076	4076	in Subsection (a), other than the reason listed in Subsection
4077	4077	(a)(1); [,] and
4078	4078	(B) [the person's license] has been previously
4079	4079	suspended for the same reason;
4080	4080	(4) until dismissal of the charges, if the person's
4081	4081	license is subject to suspension for the reason listed in
4082	4082	Subsection (a)(1); or
4083	4083	(5) for the duration of or the period specified by:
4084	4084	(A) the protective order issued under Title 4,
4085	4085	Family Code, if the person's license is subject to suspension for
4086	4086	the reason listed in Subsection (a)(6); or
4087	4087	(B) the order for emergency protection issued
4088	4088	under Article 17.292, Code of Criminal Procedure, if the person's
4089	4089	license is subject to suspension for the reason listed in
4090	4090	Subsection (a)(7).
4091	4091	SECTION 11.13. Section 411.188, Government Code, is amended
4092	4092	by amending Subsections (a), (g), (h), and (i) and adding
4093	4093	Subsection (k) to read as follows:
4094	4094	(a) The director by rule shall establish minimum standards
4095	4095	for handgun proficiency and shall develop a course to teach handgun
4096	4096	proficiency and examinations to measure handgun proficiency. The
4097	4097	course to teach handgun proficiency must contain training sessions
4098	4098	divided into two parts. One part of the course must be classroom
4099	4099	instruction and the other part must be range instruction and an
4100	4100	actual demonstration by the applicant of the applicant's ability to
4101	4101	safely and proficiently use the applicable category of handgun [for
4102	4102	which the applicant seeks certification]. An applicant must be
4103	4103	able to demonstrate [may not be certified unless the applicant
4104	4104	demonstrates], at a minimum, the degree of proficiency that is
4105	4105	required to effectively operate a handgun of .32 caliber or above.
4106	4106	The department shall distribute the standards, course
4107	4107	requirements, and examinations on request to any qualified handgun
4108	4108	instructor.
4109	4109	(g) A person who wishes to obtain or renew a license to carry
4110	4110	a concealed handgun must apply in person to a qualified handgun
4111	4111	instructor to take the appropriate course in handgun proficiency
4112	4112	and [,] demonstrate handgun proficiency as required by the
4113	4113	department[, and obtain a handgun proficiency certificate as
4114	4114	described by Section 411.189].
4115	4115	(h) A license holder who wishes to modify a license to allow
4116	4116	the license holder to carry a handgun of a different category than
4117	4117	the license indicates must apply in person to a qualified handgun
4118	4118	instructor to demonstrate the required knowledge and proficiency
4119	4119	[to obtain a handgun proficiency certificate] in that category [as
4120	4120	described by Section 411.189].
4121	4121	(i) A certified firearms instructor of the department may
4122	4122	monitor any class or training presented by a qualified handgun
4123	4123	instructor. A qualified handgun instructor shall cooperate with
4124	4124	the department in the department's efforts to monitor the
4125	4125	presentation of training by the qualified handgun instructor. A
4126	4126	qualified handgun instructor shall make available for inspection to
4127	4127	the department any and all records maintained by a qualified
4128	4128	handgun instructor under this subchapter. The qualified handgun
4129	4129	instructor shall keep a record of all [certificates of handgun
4130	4130	proficiency issued by the qualified handgun instructor and other]
4131	4131	information required by department rule.
4132	4132	(k) A qualified handgun instructor may submit to the
4133	4133	department a written recommendation for disapproval of the
4134	4134	application for a license, renewal, or modification of a license,
4135	4135	accompanied by an affidavit stating personal knowledge or naming
4136	4136	persons with personal knowledge of facts that lead the instructor
4137	4137	to believe that an applicant does not possess the required handgun
4138	4138	proficiency. The department may use a written recommendation
4139	4139	submitted under this subsection as the basis for denial of a license
4140	4140	only if the department determines that the recommendation is made
4141	4141	in good faith and is supported by a preponderance of the evidence.
4142	4142	The department shall make a determination under this subsection not
4143	4143	later than the 45th day after the date the department receives the
4144	4144	written recommendation. The 60-day period in which the department
4145	4145	must take action under Section 411.177(b) is extended one day for
4146	4146	each day a determination is pending under this subsection.
4147	4147	SECTION 11.14. Section 411.1882, Government Code, is
4148	4148	amended to read as follows:
4149	4149	Sec. 411.1882. EVIDENCE OF [EXEMPTION FROM] HANDGUN
4150	4150	PROFICIENCY [CERTIFICATE REQUIREMENT] FOR CERTAIN PERSONS. (a) A
4151	4151	person who is serving in this state as a judge or justice of a
4152	4152	federal court, as an active judicial officer, as defined by Section
4153	4153	411.201, or as a district attorney, assistant district attorney,
4154	4154	criminal district attorney, assistant criminal district attorney,
4155	4155	county attorney, or assistant county attorney may establish handgun
4156	4156	proficiency for the purposes of this subchapter by obtaining from a
4157	4157	handgun proficiency instructor approved by the Commission on Law
4158	4158	Enforcement Officer Standards and Education for purposes of Section
4159	4159	1702.1675, Occupations Code, a sworn statement that:
4160	4160	(1) indicates that the person, during the 12-month
4161	4161	period preceding the date of the person's application to the
4162	4162	department, demonstrated to the instructor proficiency in the use
4163	4163	of handguns; and
4164	4164	(2) designates the categories of handguns with respect
4165	4165	to which the person demonstrated proficiency [Notwithstanding any
4166	4166	other provision of this subchapter, a person may not be required to
4167	4167	submit to the department a handgun proficiency certificate to
4168	4168	obtain or renew a concealed handgun license issued under this
4169	4169	subchapter if:
4170	4170	[(1) the person is currently serving in this state as:
4171	4171	[(A) a judge or justice of a federal court;
4172	4172	[(B) an active judicial officer, as defined by
4173	4173	Section 411.201, Government Code; or
4174	4174	[(C) a district attorney, assistant district
4175	4175	attorney, criminal district attorney, assistant criminal district
4176	4176	attorney, county attorney, or assistant county attorney; and
4177	4177	[(2) a handgun proficiency instructor approved by the
4178	4178	Commission on Law Enforcement Officer Standards and Education for
4179	4179	purposes of Section 1702.1675, Occupations Code, makes a sworn
4180	4180	statement indicating that the person demonstrated proficiency to
4181	4181	the instructor in the use of handguns during the 12-month period
4182	4182	preceding the date of the person's application to the department
4183	4183	and designating the types of handguns with which the person
4184	4184	demonstrated proficiency].
4185	4185	(b) The director by rule shall adopt a procedure by which a
4186	4186	person described [who is exempt] under Subsection (a) [from the
4187	4187	handgun proficiency certificate requirement] may submit a form
4188	4188	demonstrating the person's qualification for an exemption under
4189	4189	that subsection. The form must provide sufficient information to
4190	4190	allow the department to verify whether the person qualifies for the
4191	4191	exemption.
4192	4192	(c) A license issued under this section automatically
4193	4193	expires on the six-month anniversary of the date the person's
4194	4194	status under Subsection (a) becomes inapplicable. A license that
4195	4195	expires under this subsection may be renewed under Section 411.185.
4196	4196	SECTION 11.15. Section 411.190, Government Code, is amended
4197	4197	by adding Subsection (d-1) to read as follows:
4198	4198	(d-1) The department shall ensure that an applicant may
4199	4199	renew certification under Subsection (d) from any county in this
4200	4200	state by using an online format to complete the required retraining
4201	4201	courses if:
4202	4202	(1) the applicant is renewing certification for the
4203	4203	first time; or
4204	4204	(2) the applicant completed the required retraining
4205	4205	courses in person the previous time the applicant renewed
4206	4206	certification.
4207	4207	SECTION 11.16. Sections 411.199(a) and (e), Government
4208	4208	Code, are amended to read as follows:
4209	4209	(a) A person who is licensed as a peace officer under
4210	4210	Chapter 1701, Occupations Code, [415] and who has been employed
4211	4211	full-time as a peace officer by a law enforcement agency may apply
4212	4212	for a license under this subchapter at any time after retirement.
4213	4213	(e) A retired peace officer who obtains a license under this
4214	4214	subchapter must maintain, for the category of weapon licensed, the
4215	4215	proficiency required for a peace officer under Section 1701.355,
4216	4216	Occupations Code [415.035]. The department or a local law
4217	4217	enforcement agency shall allow a retired peace officer of the
4218	4218	department or agency an opportunity to annually demonstrate the
4219	4219	required proficiency. The proficiency shall be reported to the
4220	4220	department on application and renewal.
4221	4221	SECTION 11.17. Section 411.1991(a), Government Code, is
4222	4222	amended to read as follows:
4223	4223	(a) A person who is licensed as a peace officer under
4224	4224	Chapter 1701, Occupations Code, [415] and is employed full-time as
4225	4225	a peace officer by a law enforcement agency may apply for a license
4226	4226	under this subchapter. The person shall submit to the department
4227	4227	two complete sets of legible and classifiable fingerprints and a
4228	4228	sworn statement of the head of the law enforcement agency employing
4229	4229	the applicant. A head of a law enforcement agency may not refuse to
4230	4230	issue a statement under this subsection. If the applicant alleges
4231	4231	that the statement is untrue, the department shall investigate the
4232	4232	validity of the statement. The statement must include:
4233	4233	(1) the name and rank of the applicant;
4234	4234	(2) whether the applicant has been accused of
4235	4235	misconduct at any time during the applicant's period of employment
4236	4236	with the agency and the disposition of that accusation;
4237	4237	(3) a description of the physical and mental condition
4238	4238	of the applicant;
4239	4239	(4) a list of the types of weapons the applicant has
4240	4240	demonstrated proficiency with during the preceding year; and
4241	4241	(5) a recommendation from the agency head that a
4242	4242	license be issued to the person under this subchapter.
4243	4243	SECTION 11.18. Sections 411.201(c) and (d), Government
4244	4244	Code, are amended to read as follows:
4245	4245	(c) An active judicial officer is eligible for a license to
4246	4246	carry a concealed handgun under the authority of this subchapter. A
4247	4247	retired judicial officer is eligible for a license to carry a
4248	4248	concealed handgun under the authority of this subchapter if the
4249	4249	officer:
4250	4250	(1) has not been convicted of a felony;
4251	4251	(2) has not, in the five years preceding the date of
4252	4252	application, been convicted of a Class A or Class B misdemeanor or
4253	4253	equivalent offense;
4254	4254	(3) is not charged with the commission of a Class A or
4255	4255	Class B misdemeanor or equivalent offense or of a felony under an
4256	4256	information or indictment;
4257	4257	(4) is not a chemically dependent person; and
4258	4258	(5) is not a person of unsound mind.
4259	4259	(d) An applicant for a license who is an active or retired
4260	4260	judicial officer must submit to the department:
4261	4261	(1) a completed application, including all required
4262	4262	affidavits, on a form prescribed by the department;
4263	4263	(2) one or more [two recent color passport]
4264	4264	photographs of the applicant that meet the requirements of the
4265	4265	department;
4266	4266	(3) two complete sets of legible and classifiable
4267	4267	fingerprints of the applicant, including one set taken by a person
4268	4268	employed by a law enforcement agency who is appropriately trained
4269	4269	in recording fingerprints;
4270	4270	(4) evidence of [a] handgun proficiency, in the form
4271	4271	and manner required by the department for an applicant under this
4272	4272	section [certificate issued to the applicant as evidence that the
4273	4273	applicant successfully completed the proficiency requirements of
4274	4274	this subchapter];
4275	4275	(5) [(4)] a nonrefundable application and license fee
4276	4276	set by the department in an amount reasonably designed to cover the
4277	4277	administrative costs associated with issuance of a license to carry
4278	4278	a concealed handgun under this subchapter; and
4279	4279	(6) [(5)] if the applicant is a retired judicial
4280	4280	officer,[:
4281	4281	[(A) two complete sets of legible and
4282	4282	classifiable fingerprints of the applicant taken by a person
4283	4283	employed by a law enforcement agency who is appropriately trained
4284	4284	in recording fingerprints; and
4285	4285	[(B)] a form executed by the applicant that
4286	4286	authorizes the department to make an inquiry into any noncriminal
4287	4287	history records that are necessary to determine the applicant's
4288	4288	eligibility for a license under this subchapter.
4289	4289	SECTION 11.19. Section 411.208, Government Code, is amended
4290	4290	by adding Subsection (e) to read as follows:
4291	4291	(e) The immunities granted under Subsection (a) to a
4292	4292	qualified handgun instructor do not apply to a cause of action for
4293	4293	fraud or a deceptive trade practice.
4294	4294	SECTION 11.20. Article 17.292(l), Code of Criminal
4295	4295	Procedure, is amended to read as follows:
4296	4296	(l) In the order for emergency protection, the magistrate
4297	4297	shall [may] suspend a license to carry a concealed handgun issued
4298	4298	under Subchapter H, Chapter 411 [Section 411.177], Government Code,
4299	4299	that is held by the defendant.
4300	4300	SECTION 11.21. Section 85.022(d), Family Code, is amended
4301	4301	to read as follows:
4302	4302	(d) In a protective order, the court shall [may] suspend a
4303	4303	license to carry a concealed handgun issued under Subchapter H,
4304	4304	Chapter 411 [Section 411.177], Government Code, that is held by a
4305	4305	person found to have committed family violence.
4306	4306	SECTION 11.22. Section 12.095(e), Health and Safety Code,
4307	4307	is amended to read as follows:
4308	4308	(e) The panel may require the applicant or license holder to
4309	4309	undergo a medical or other examination at the applicant's or
4310	4310	holder's expense. A person who conducts an examination under this
4311	4311	subsection may be compelled to testify before the panel and in any
4312	4312	subsequent proceedings under Subchapter H, Chapter 411, Government
4313	4313	Code, or Subchapter N, Chapter 521, Transportation Code, as
4314	4314	applicable, concerning the person's observations and findings.
4315	4315	SECTION 11.23. Section 12.097(b), Health and Safety Code,
4316	4316	is amended to read as follows:
4317	4317	(b) In a subsequent proceeding under Subchapter H, Chapter
4318	4318	411, Government Code, or Subchapter N, Chapter 521, Transportation
4319	4319	Code, the medical standards division may provide a copy of the
4320	4320	report of the medical advisory board or panel and a medical record
4321	4321	or report relating to an applicant or license holder to:
4322	4322	(1) the Department of Public Safety of the State of
4323	4323	Texas;
4324	4324	(2) the applicant or license holder; and
4325	4325	(3) the officer who presides at the hearing.
4326	4326	SECTION 11.24. Section 46.04, Penal Code, is amended by
4327	4327	adding Subsections (f) and (g) to read as follows:
4328	4328	(f) For the purposes of this section , an offense under the
4329	4329	laws of this state, another state, or the United States is, except
4330	4330	as provided by Subsection (g), a felony if, at the time it is
4331	4331	committed, the offense:
4332	4332	(1) is designated by a law of this state as a felony;
4333	4333	(2) contains all the elements of an offense designated
4334	4334	by a law of this state as a felony; or
4335	4335	(3) is punishable by confinement for one year or more
4336	4336	in a penitentiary.
4337	4337	(g) An offense is not considered a felony for purposes of
4338	4338	Subsection (f) if, at the time the person possesses a firearm, the
4339	4339	offense:
4340	4340	(1) is not designated by a law of this state as a
4341	4341	felony; and
4342	4342	(2) does not contain all the elements of any offense
4343	4343	designated by a law of this state as a felony.
4344	4344	SECTION 11.25. Sections 411.175 and 411.189, Government
4345	4345	Code, are repealed.
4346	4346	SECTION 11.26. The changes in law made by Sections 411.171,
4347	4347	411.1711, 411.172, and 411.201(c), Government Code, as amended by
4348	4348	this article, apply only to the eligibility of a person for the
4349	4349	issuance, modification, or renewal of a license, the application
4350	4350	for which is made on or after the effective date of this article. A
4351	4351	holder of a license that was issued, modified, or renewed before the
4352	4352	effective date of this article is not disqualified from holding
4353	4353	that license solely by reason of this article.
4354	4354	SECTION 11.27. The changes in law made by Sections 411.174,
4355	4355	411.176, 411.177, 411.184, 411.185, 411.188, 411.1882, and
4356	4356	411.201(d), Government Code, as amended by this article, and by the
4357	4357	repeal of Sections 411.175 and 411.189, Government Code, apply only
4358	4358	to an application for the issuance, modification, or renewal of a
4359	4359	license that is submitted to the Department of Public Safety on or
4360	4360	after the effective date of this article. An application submitted
4361	4361	before the effective date of this article is governed by the law in
4362	4362	effect when the application was submitted, and the former law is
4363	4363	continued in effect for that purpose.
4364	4364	SECTION 11.28. The changes in law made by this article to
4365	4365	Sections 411.186 and 411.187, Government Code, Article 17.292, Code
4366	4366	of Criminal Procedure, and Section 85.022, Family Code, apply only
4367	4367	to an administrative or judicial determination concerning the
4368	4368	revocation or suspension of a license to carry a concealed handgun
4369	4369	that is made on or after the effective date of this article. An
4370	4370	administrative or judicial determination made before the effective
4371	4371	date of this article is covered by the law in effect when the
4372	4372	determination was made, and the former law is continued in effect
4373	4373	for that purpose.
4374	4374	SECTION 11.29. The change in law made by Section 411.208,
4375	4375	Government Code, as amended by this article, applies only to a cause
4376	4376	of action that accrues on or after the effective date of this
4377	4377	article. A cause of action that accrued before the effective date
4378	4378	of this article is governed by the law in effect immediately before
4379	4379	the effective date of this article, and the former law is continued
4380	4380	in effect for that purpose.
4381	4381	SECTION 11.30. The change in law made by this Act in
4382	4382	amending Section 46.04, Penal Code, applies only to an offense
4383	4383	committed on or after the effective date of this Act. An offense
4384	4384	committed before the effective date of this Act is covered by the
4385	4385	law in effect when the offense was committed, and the former law is
4386	4386	continued in effect for that purpose. For purposes of this section,
4387	4387	an offense was committed before the effective date of this Act if
4388	4388	any element of the offense occurred before that date.
4389	4389	SECTION 11.31. This article takes effect September 1, 2009.
4390	4390	ARTICLE 12. DRIVER EDUCATION AND DRIVER'S LICENSING REQUIREMENTS
4391	4391	FOR MINORS
4392	4392	SECTION 12.01. This article shall be known as the Less Tears
4393	4393	More Years Act.
4394	4394	SECTION 12.02. Section 29.902, Education Code, is amended
4395	4395	by adding Subsection (c) to read as follows:
4396	4396	(c) A school district shall consider offering a driver
4397	4397	education and traffic safety course during each school year. If the
4398	4398	district offers the course, the district may:
4399	4399	(1) conduct the course and charge a fee for the course
4400	4400	in the amount determined by the agency to be comparable to the fee
4401	4401	charged by a driver education school that holds a license under
4402	4402	Chapter 1001; or
4403	4403	(2) contract with a driver education school that holds
4404	4404	a license under Chapter 1001 to conduct the course.
4405	4405	SECTION 12.03. Section 1001.101, Education Code, is amended
4406	4406	to read as follows:
4407	4407	Sec. 1001.101. DRIVER EDUCATION COURSE CURRICULUM AND
4408	4408	TEXTBOOKS. (a) The commissioner by rule shall establish or approve
4409	4409	the curriculum and designate the textbooks to be used in a driver
4410	4410	education course, including a driver education course conducted by
4411	4411	a school district, driver education school, or parent or other
4412	4412	individual under Section 521.205, Transportation Code.
4413	4413	(b) A driver education course must require the student to
4414	4414	complete:
4415	4415	(1) 7 hours of behind-the-wheel instruction in the
4416	4416	presence of a person who holds a driver education instructor
4417	4417	license or who meets the requirements imposed under Section
4418	4418	521.205, Transportation Code;
4419	4419	(2) 7 hours of observation instruction in the presence
4420	4420	of a person who holds a driver education instructor license or who
4421	4421	meets the requirements imposed under Section 521.205,
4422	4422	Transportation Code; and
4423	4423	(3) 20 hours of behind-the-wheel instruction,
4424	4424	including at least 10 hours of instruction that takes place at
4425	4425	night, in the presence of an adult who meets the requirements of
4426	4426	Section 521.222(d)(2), Transportation Code.
4427	4427	SECTION 12.04. Subchapter F, Chapter 1001, Education Code,
4428	4428	is amended by adding Section 1001.257 to read as follows:
4429	4429	Sec. 1001.257. DENIAL OF LICENSE. The commissioner may not
4430	4430	issue or renew a driver education instructor license, including a
4431	4431	temporary license, to a person who has six or more points assigned
4432	4432	to the person's driver's license under Subchapter B, Chapter 708,
4433	4433	Transportation Code.
4434	4434	SECTION 12.05. Section 521.165, Transportation Code, is
4435	4435	amended by amending Subsection (c) and adding Subsection (d) to
4436	4436	read as follows:
4437	4437	(c) Except as provided by Subsection (d), in [In] issuing a
4438	4438	driver's license for certain types of vehicles, the director may
4439	4439	waive a driving test for an applicant who has successfully
4440	4440	completed and passed the training and testing conducted by a person
4441	4441	certified under Subsection (a).
4442	4442	(d) The director may not waive the driving test required by
4443	4443	Section 521.161 for an applicant who is under 18 years of age.
4444	4444	SECTION 12.06. Section 521.204(a), Transportation Code, is
4445	4445	amended to read as follows:
4446	4446	(a) The department may issue a Class C driver's license to
4447	4447	an applicant under 18 years of age only if the applicant:
4448	4448	(1) is 16 years of age or older;
4449	4449	(2) has submitted to the department a driver education
4450	4450	certificate issued under Section 9A, Texas Driver and Traffic
4451	4451	Safety Education Act (Article 4413(29c), Vernon's Texas Civil
4452	4452	Statutes), that states that the person has completed and passed a
4453	4453	driver education course approved by the department under Section
4454	4454	521.205 or by the Texas Education Agency;
4455	4455	(3) has obtained a high school diploma or its
4456	4456	equivalent or is a student:
4457	4457	(A) enrolled in a public school, home school, or
4458	4458	private school who attended school for at least 80 days in the fall
4459	4459	or spring semester preceding the date of the driver's license
4460	4460	application; or
4461	4461	(B) who has been enrolled for at least 45 days,
4462	4462	and is enrolled as of the date of the application, in a program to
4463	4463	prepare persons to pass the high school equivalency exam; [and]
4464	4464	(4) has submitted to the department written parental
4465	4465	or guardian permission for the department to access the applicant's
4466	4466	school enrollment records maintained by the Texas Education Agency;
4467	4467	and
4468	4468	(5) has passed the examination required by Section
4469	4469	521.161.
4470	4470	SECTION 12.07. Section 521.205(a), Transportation Code, is
4471	4471	amended to read as follows:
4472	4472	(a) The department by rule shall provide for approval of a
4473	4473	driver education course conducted by the parent, stepparent, foster
4474	4474	parent, legal guardian, step-grandparent, or grandparent of a
4475	4475	person who is required to complete a driver education course to
4476	4476	obtain a Class C license. The rules must provide that:
4477	4477	(1) the person conducting the course possess a valid
4478	4478	license for the preceding three years that [and the license] has not
4479	4479	been suspended, revoked, or forfeited in the past three years for an
4480	4480	offense that involves the operation of a motor vehicle [traffic
4481	4481	related violations];
4482	4482	(2) the student driver spend a minimum number of hours
4483	4483	in:
4484	4484	(A) classroom instruction; and
4485	4485	(B) behind-the-wheel instruction;
4486	4486	(3) the person conducting the course not be convicted
4487	4487	of:
4488	4488	(A) criminally negligent homicide; or
4489	4489	(B) driving while intoxicated; [and]
4490	4490	(4) the person conducting the course not be disabled
4491	4491	because of mental illness; and
4492	4492	(5) the person conducting the course not have six or
4493	4493	more points assigned to the person's driver's license under
4494	4494	Subchapter B, Chapter 708, at the time the person begins conducting
4495	4495	the course.
4496	4496	SECTION 12.08. Subchapter J, Chapter 521, Transportation
4497	4497	Code, is amended by adding Section 521.206 to read as follows:
4498	4498	Sec. 521.206. COLLISION RATE STATISTICS PUBLICATION. (a)
4499	4499	The department shall collect data regarding collisions of students
4500	4500	taught by public schools, driver education schools licensed under
4501	4501	Chapter 1001, Education Code, and other entities that offer driver
4502	4502	education courses to students for which a uniform certificate of
4503	4503	course completion is issued. The collision rate is computed by
4504	4504	determining the number of an entity's students who complete a
4505	4505	driver education course during a state fiscal year, dividing that
4506	4506	number by the number of collisions that involved students who
4507	4507	completed such a course and that occurred in the 12-month period
4508	4508	following their licensure, and expressing the quotient as a
4509	4509	percentage.
4510	4510	(b) The department shall collect data regarding the
4511	4511	collision rate of students taught by course instructors approved
4512	4512	under Section 521.205. The collision rate is computed by
4513	4513	determining the number of students who completed a course approved
4514	4514	under Section 521.205 during a state fiscal year, dividing that
4515	4515	number by the number of collisions that involved students who
4516	4516	completed such a course and that occurred in the 12-month period
4517	4517	following their licensure, and expressing the quotient as a
4518	4518	percentage.
4519	4519	(c) Not later than October 1 of each year, the department
4520	4520	shall issue a publication listing the collision rate for students
4521	4521	taught by each driver education entity and the collision rate for
4522	4522	students taught by a course instructor approved under Section
4523	4523	521.205, noting the severity of collisions involving students of
4524	4524	each entity and each type of course.
4525	4525	SECTION 12.09. Section 521.271, Transportation Code, is
4526	4526	amended by amending Subsection (a) and adding Subsection (a-1) to
4527	4527	read as follows:
4528	4528	(a) Each original driver's license and provisional license
4529	4529	expires as follows:
4530	4530	(1) except as provided by Section 521.2711, a driver's
4531	4531	license expires on the first birthday of the license holder
4532	4532	occurring after the sixth anniversary of the date of the
4533	4533	application;
4534	4534	(2) a provisional license expires on [the earlier of:
4535	4535	[(A)] the 18th birthday of the license holder[;
4536	4536	or
4537	4537	[(B) the first birthday of the license holder
4538	4538	occurring after the date of the application];
4539	4539	(3) an instruction permit expires on the 18th birthday
4540	4540	of the license holder [second birthday of the license holder
4541	4541	occurring after the date of the application]; and
4542	4542	(4) an occupational license expires on the first
4543	4543	anniversary of the court order granting the license.
4544	4544	(a-1) The department and the Texas Education Agency shall
4545	4545	enter into a memorandum of understanding under which the department
4546	4546	may access the agency's electronic enrollment records to verify a
4547	4547	student's enrollment in a public school. The memorandum of
4548	4548	understanding must specify that the department may only access
4549	4549	information necessary to verify the identity and enrollment status
4550	4550	of a license renewal applicant and only if a parent or guardian of
4551	4551	the applicant has provided written permission for the department to
4552	4552	access that information. Nothing in this subsection may be
4553	4553	construed to allow the release of information in violation of the
4554	4554	Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
4555	4555	Section 1232g).
4556	4556	SECTION 12.10. Section 521.421(c), Transportation Code, is
4557	4557	amended to read as follows:
4558	4558	(c) The fee for issuance [or renewal] of a provisional
4559	4559	license or instruction permit is $15 [$5].
4560	4560	SECTION 12.11. Section 545.424, Transportation Code, is
4561	4561	amended by amending Subsections (a), (b), and (c) and adding
4562	4562	Subsection (f) to read as follows:
4563	4563	(a) A person under 18 years of age[, during the six-month
4564	4564	period following issuance of an original Class A, B, or C driver's
4565	4565	license to the person,] may not operate a motor vehicle:
4566	4566	(1) during the 12-month period following issuance of
4567	4567	an original Class A, B, or C driver's license to the person:
4568	4568	(A) after midnight and before 5 a.m. unless the
4569	4569	operation of the vehicle is necessary for the operator to attend or
4570	4570	participate in employment or a school-related activity or because
4571	4571	of a medical emergency; or
4572	4572	(B) [(2)] with more than one passenger in the
4573	4573	vehicle under 21 years of age who is not a family member; or
4574	4574	(2) [(3)] while using a wireless communications
4575	4575	device, except in case of emergency.
4576	4576	(b) A person under 17 years of age who holds a restricted
4577	4577	motorcycle license or moped license, during the 12-month
4578	4578	[six-month] period following the issuance of an original motorcycle
4579	4579	license or moped license to the person, may not operate a motorcycle
4580	4580	or moped:
4581	4581	(1) after midnight and before 5 a.m. unless:
4582	4582	(A) the person is in sight of the person's parent
4583	4583	or guardian; or
4584	4584	(B) the operation of the vehicle is necessary for
4585	4585	the operator to attend or participate in employment or a
4586	4586	school-related activity or because of a medical emergency; or
4587	4587	(2) while using a wireless communications device,
4588	4588	except in case of emergency.
4589	4589	(c) This section does not apply to:
4590	4590	(1) the holder of a hardship license; [or]
4591	4591	(2) a person operating a motor vehicle while
4592	4592	accompanied in the manner required by Section 521.222(d)(2) for the
4593	4593	holder of an instruction permit; or
4594	4594	(3) a person licensed by the Federal Communications
4595	4595	Commission to operate a wireless communication device or a radio
4596	4596	frequency device.
4597	4597	(f) In this section, "wireless communication device" means
4598	4598	a handheld or hands-free device that uses commercial mobile
4599	4599	service, as defined by 47 U.S.C. Section 332.
4600	4600	SECTION 12.12. (a) For the purpose of compiling data for
4601	4601	the publication required by Section 521.206, Transportation Code,
4602	4602	as added by this article, the Texas Department of Public Safety
4603	4603	shall determine the number of minor students taught by each driver
4604	4604	education entity and the total number of minor students taught by
4605	4605	courses approved under Section 521.205, Transportation Code, who
4606	4606	become licensed during the state fiscal year beginning September 1,
4607	4607	2009, and ending August 31, 2010.
4608	4608	(b) The first publication of collision rate data compiled
4609	4609	under Section 521.206, Transportation Code, as added by this
4610	4610	article, shall be issued not later than October 1, 2011.
4611	4611	SECTION 12.13. Not later than November 30, 2009, the Texas
4612	4612	Department of Public Safety shall appoint a task force to review and
4613	4613	make recommendations regarding the effectiveness of the materials
4614	4614	provided by the Texas Education Agency for use in courses licensed
4615	4615	under Chapter 1001, Education Code, or authorized by Section
4616	4616	521.205, Transportation Code. The task force shall consist of the
4617	4617	following members:
4618	4618	(1) a representative of the Texas Department of Public
4619	4619	Safety;
4620	4620	(2) a representative of the Texas Education Agency;
4621	4621	(3) a commercial provider of driver education courses;
4622	4622	(4) a member of an interested group or association, as
4623	4623	determined by the department; and
4624	4624	(5) other appropriate members, as determined by the
4625	4625	department.
4626	4626	SECTION 12.14. (a) Section 29.902(c), Education Code, as
4627	4627	added by this article, applies beginning with the 2010-2011 school
4628	4628	year.
4629	4629	(b) Not later than January 1, 2010, the commissioner of
4630	4630	education shall adopt rules as required by Section 1001.101,
4631	4631	Education Code, as amended by this article.
4632	4632	(c) Each driver education and training program approved by
4633	4633	the Texas Education Agency under Chapter 1001, Education Code, must
4634	4634	comply with the curriculum requirements of Section 1001.101,
4635	4635	Education Code, as amended by this article, not later than May 1,
4636	4636	2010.
4637	4637	(d) Section 521.165, Transportation Code, as amended by
4638	4638	this article, applies only to an application for a driver's license
4639	4639	submitted on or after the effective date of this article. An
4640	4640	application for a driver's license submitted before the effective
4641	4641	date of this article is subject to the law in effect on the date the
4642	4642	application was submitted, and that law is continued in effect for
4643	4643	that purpose.
4644	4644	(e) The changes in law made by this article to Section
4645	4645	521.205, Transportation Code, apply to a course approved under that
4646	4646	section that begins on or after the effective date of this article.
4647	4647	A course beginning before the effective date of this article is
4648	4648	governed by the law in effect on the date the course was commenced,
4649	4649	and that law is continued in effect for that purpose.
4650	4650	(f) The changes in law made by this article to Sections
4651	4651	521.271, 521.421, and 545.424, Transportation Code, apply only to a
4652	4652	person issued a driver's license on or after the effective date of
4653	4653	this article. A person issued a driver's license before the
4654	4654	effective date of this article is governed by the law in effect on
4655	4655	the date the license was issued, and that law is continued in effect
4656	4656	for that purpose.
4657	4657	SECTION 12.15. This article takes effect September 1, 2009.
4658	4658	ARTICLE 12A. DISPLAY OF LICENSE TO
4659	4659	CARRY A CONCEALED HANDGUN
4660	4660	SECTION 12A.01. Sections 411.187(a) and (c), Government
4661	4661	Code, are amended to read as follows:
4662	4662	(a) A license may be suspended under this section if the
4663	4663	license holder:
4664	4664	(1) is charged with the commission of a Class A or
4665	4665	Class B misdemeanor or an offense under Section 42.01, Penal Code,
4666	4666	or of a felony under an information or indictment;
4667	4667	(2) [fails to display a license as required by Section
4668	4668	411.205;
4669	4669	[(3)] fails to notify the department of a change of
4670	4670	address or name as required by Section 411.181;
4671	4671	(3) [(4)] carries a concealed handgun under the
4672	4672	authority of this subchapter of a different category than the
4673	4673	license holder is licensed to carry;
4674	4674	(4) [(5)] fails to return a previously issued license
4675	4675	after a license is modified as required by Section 411.184(d);
4676	4676	(5) [(6)] commits an act of family violence and is the
4677	4677	subject of an active protective order rendered under Title 4,
4678	4678	Family Code; or
4679	4679	(6) [(7)] is arrested for an offense involving family
4680	4680	violence or an offense under Section 42.072, Penal Code, and is the
4681	4681	subject of an order for emergency protection issued under Article
4682	4682	17.292, Code of Criminal Procedure.
4683	4683	(c) A license may be suspended under this section:
4684	4684	(1) for 30 days, if the person's license is subject to
4685	4685	suspension for a reason listed in Subsection (a)(2), (3) [(a)(3)],
4686	4686	or (4), [or (5),] except as provided by Subdivision (2) [(3)];
4687	4687	(2) [for 90 days, if the person's license is subject to
4688	4688	suspension for a reason listed in Subsection (a)(2), except as
4689	4689	provided by Subdivision (3);
4690	4690	[(3)] for not less than one year and not more than three
4691	4691	years if the person's license is subject to suspension for a reason
4692	4692	listed in Subsection (a), other than the reason listed in
4693	4693	Subsection (a)(1), and the person's license has been previously
4694	4694	suspended for the same reason;
4695	4695	(3) [(4)] until dismissal of the charges if the
4696	4696	person's license is subject to suspension for the reason listed in
4697	4697	Subsection (a)(1); or
4698	4698	(4) [(5)] for the duration of or the period specified
4699	4699	by:
4700	4700	(A) the protective order issued under Title 4,
4701	4701	Family Code, if the person's license is subject to suspension for
4702	4702	the reason listed in Subsection (a)(5) [(a)(6)]; or
4703	4703	(B) the order for emergency protection issued
4704	4704	under Article 17.292, Code of Criminal Procedure, if the person's
4705	4705	license is subject to suspension for the reason listed in
4706	4706	Subsection (a)(6) [(a)(7)].
4707	4707	SECTION 12A.02. Section 411.205, Government Code, is
4708	4708	amended to read as follows:
4709	4709	Sec. 411.205. REQUIREMENT TO DISPLAY [DISPLAYING]
4710	4710	LICENSE[; PENALTY]. [(a)] If a license holder is carrying a
4711	4711	handgun on or about the license holder's person when a magistrate or
4712	4712	a peace officer demands that the license holder display
4713	4713	identification, the license holder shall display both the license
4714	4714	holder's driver's license or identification certificate issued by
4715	4715	the department and the license holder's handgun license. [A person
4716	4716	who fails or refuses to display the license and identification as
4717	4717	required by this subsection is subject to suspension of the
4718	4718	person's license as provided by Section 411.187.
4719	4719	[(b) A person commits an offense if the person fails or
4720	4720	refuses to display the license and identification as required by
4721	4721	Subsection (a) after previously having had the person's license
4722	4722	suspended for a violation of that subsection. An offense under this
4723	4723	subsection is a Class B misdemeanor.]
4724	4724	SECTION 12A.03. An offense under Section 411.205,
4725	4725	Government Code, may not be prosecuted after the effective date of
4726	4726	this article. If, on the effective date of this article, a criminal
4727	4727	action is pending for an offense under Section 411.205, the action
4728	4728	is dismissed on that date. However, a final conviction for an
4729	4729	offense under Section 411.205 that exists on the effective date of
4730	4730	this article is unaffected by this article.
4731	4731	SECTION 12A.04. This article takes effect September 1,
4732	4732	2009.
4733	4733	ARTICLE 13. REGULATION OF DRIVER'S LICENSES AND PERSONAL
4734	4734	IDENTIFICATION CERTIFICATES BY DEPARTMENT
4735	4735	SECTION 13.01. Section 521.029, Transportation Code, is
4736	4736	amended to read as follows:
4737	4737	Sec. 521.029. OPERATION OF MOTOR VEHICLE BY NEW STATE
4738	4738	RESIDENTS. (a) A person who enters this state as a new resident
4739	4739	may operate a motor vehicle in this state for no more than 90 [30]
4740	4740	days after the date on which the person enters this state if the
4741	4741	person:
4742	4742	(1) is 16 years of age or older; and
4743	4743	(2) has in the person's possession a driver's license
4744	4744	issued to the person by the person's state or country of previous
4745	4745	residence.
4746	4746	(b) If a person subject to this section is prosecuted for
4747	4747	operating a motor vehicle without a driver's license, the
4748	4748	prosecution alleges that the person has resided in this state for
4749	4749	more than 90 [30] days, and the person claims to have been covered
4750	4750	by Subsection (a), the person must prove by the preponderance of the
4751	4751	evidence that the person has not resided in this state for more than
4752	4752	90 [30] days.
4753	4753	SECTION 13.02. Subchapter C, Chapter 521, Transportation
4754	4754	Code, is amended by adding Section 521.060 to read as follows:
4755	4755	Sec. 521.060. INTERNAL VERIFICATION SYSTEM. (a) The
4756	4756	department by rule shall establish a system for identifying unique
4757	4757	addresses that are submitted in license or certificate applications
4758	4758	under this chapter or Chapter 522 in a frequency or number that, in
4759	4759	the department's determination, casts doubt on whether the
4760	4760	addresses are the actual addresses where the applicants reside.
4761	4761	(b) The department may contract with a third-party personal
4762	4762	data verification service to assist the department in implementing
4763	4763	this section.
4764	4764	(c) The department shall investigate the validity of
4765	4765	addresses identified under Subsection (a).
4766	4766	(d) The department may disclose the results of an
4767	4767	investigation under Subsection (c) to a criminal justice agency for
4768	4768	the purposes of enforcing Section 521.4565 or other provisions of
4769	4769	this chapter or Chapter 522.
4770	4770	(e) In this section, "criminal justice agency" has the
4771	4771	meaning assigned by Article 60.01, Code of Criminal Procedure.
4772	4772	SECTION 13.03. Section 521.101, Transportation Code, is
4773	4773	amended by adding Subsection (j) to read as follows:
4774	4774	(j) The department may not issue a personal identification
4775	4775	certificate to a person who has not established a domicile in this
4776	4776	state.
4777	4777	SECTION 13.04. Subchapter G, Chapter 521, Transportation
4778	4778	Code, is amended by adding Sections 521.1426 and 521.1427 to read as
4779	4779	follows:
4780	4780	Sec. 521.1426. DOMICILE REQUIREMENT; VERIFICATION.
4781	4781	(a) The department may not issue a driver's license or a personal
4782	4782	identification certificate to a person who has not established a
4783	4783	domicile in this state.
4784	4784	(b) The department shall adopt rules for determining
4785	4785	whether a domicile has been established, including rules
4786	4786	prescribing the types of documentation the department may require
4787	4787	from the applicant to verify the validity of the claimed domicile.
4788	4788	(c) The department may contract with a third-party personal
4789	4789	data verification service to assist the department in verifying a
4790	4790	claim of domicile, including whether the physical address provided
4791	4791	by the applicant is the applicant's actual residence.
4792	4792	Sec. 521.1427. POST OFFICE BOX NOT VALID AS ADDRESS.
4793	4793	(a) In this section, "post office box address" means a United
4794	4794	States Postal Service post office box address or a private mailbox
4795	4795	address.
4796	4796	(b) Unless an exception exists under state or federal law,
4797	4797	an applicant may receive delivery of a license or a personal
4798	4798	identification certificate at a post office box address only if the
4799	4799	applicant has provided the department the physical address where
4800	4800	the applicant resides.
4801	4801	(c) The department may require the applicant to provide
4802	4802	documentation that the department determines necessary to verify
4803	4803	the validity of the physical address provided under Subsection (b).
4804	4804	(d) The department may contract with a third-party personal
4805	4805	data verification service to assist the department in verifying
4806	4806	whether the physical address provided by the applicant is the
4807	4807	applicant's actual residence.
4808	4808	SECTION 13.05. Subchapter C, Chapter 522, Transportation
4809	4809	Code, is amended by adding Sections 522.0225 and 522.0226 to read as
4810	4810	follows:
4811	4811	Sec. 522.0225. VERIFICATION OF DOMICILE. (a) The
4812	4812	department shall adopt rules for determining whether a domicile has
4813	4813	been established under Section 522.022, including rules
4814	4814	prescribing the types of documentation the department may require
4815	4815	from the applicant to determine the validity of the claimed
4816	4816	domicile.
4817	4817	(b) The department may contract with a third-party personal
4818	4818	data verification service to assist the department in verifying a
4819	4819	claim of domicile, including whether the physical address provided
4820	4820	by the applicant is the applicant's actual residence.
4821	4821	Sec. 522.0226. POST OFFICE BOX NOT VALID AS ADDRESS.
4822	4822	(a) In this section, "post office box address" means a United
4823	4823	States Postal Service post office box address or a private mailbox
4824	4824	address.
4825	4825	(b) Unless an exception exists under state or federal law,
4826	4826	an applicant may receive delivery of a commercial driver's license
4827	4827	at a post office box address only if the applicant has provided the
4828	4828	department the physical address where the applicant resides.
4829	4829	(c) The department may require the applicant to provide
4830	4830	documentation that the department determines necessary to verify
4831	4831	the validity of the physical address provided under Subsection (b).
4832	4832	(d) The department may contract with a third-party personal
4833	4833	data verification service to assist the department in verifying
4834	4834	whether the physical address provided by the applicant is the
4835	4835	applicant's actual residence.
4836	4836	SECTION 13.06. Subchapter S, Chapter 521, Transportation
4837	4837	Code, is amended by adding Section 521.4565 to read as follows:
4838	4838	Sec. 521.4565. CONSPIRING TO MANUFACTURE COUNTERFEIT
4839	4839	LICENSE OR CERTIFICATE. (a) In this section:
4840	4840	(1) "Combination," "conspires to commit," "profits,"
4841	4841	and "criminal street gang" have the meanings assigned by Section
4842	4842	71.01, Penal Code.
4843	4843	(2) "Conspires to manufacture or produce" means that:
4844	4844	(A) a person agrees with one or more other
4845	4845	persons to engage in the manufacture or production of a forged or
4846	4846	counterfeit instrument; and
4847	4847	(B) the person and one or more of the other
4848	4848	persons perform an overt act in pursuance of the agreement.
4849	4849	(3) "Instrument" means a driver's license, commercial
4850	4850	driver's license, or personal identification certificate.
4851	4851	(4) "Public servant" has the meaning assigned by
4852	4852	Section 1.07, Penal Code.
4853	4853	(b) A person commits an offense if the person establishes,
4854	4854	maintains, or participates in or conspires to establish, maintain,
4855	4855	or participate in a combination or criminal street gang, or
4856	4856	participates in the profits of a combination or criminal street
4857	4857	gang, with the intent to manufacture or produce a forged or
4858	4858	counterfeit instrument for the purpose of selling, distributing, or
4859	4859	delivering such instrument. An agreement constituting conspiring
4860	4860	to manufacture or produce may be inferred from the acts of the
4861	4861	parties.
4862	4862	(c) An offense under this section is a state jail felony,
4863	4863	except that an offense committed by a public servant is a felony of
4864	4864	the third degree.
4865	4865	SECTION 13.07. The Department of Public Safety of the State
4866	4866	of Texas shall adopt rules required by the amendments of this
4867	4867	article to Chapters 521 and 522, Transportation Code, as soon as
4868	4868	practicable after the effective date of this article.
4869	4869	SECTION 13.08. This article takes effect immediately if
4870	4870	this Act receives a vote of two-thirds of all the members elected to
4871	4871	each house, as provided by Section 39, Article III, Texas
4872	4872	Constitution. If this Act does not receive the vote necessary for
4873	4873	immediate effect, this article takes effect September 1, 2009.
4874	4874	ARTICLE 13A. DRIVER'S LICENSE ISSUED TO CERTAIN FEDERAL AND
4875	4875	STATE JUDGES AND SPOUSES
4876	4876	SECTION 13A.01. Section 521.001, Transportation Code, is
4877	4877	amended by adding Subdivisions (3-a) and (8-a) to read as follows:
4878	4878	(3-a) "Federal judge" means:
4879	4879	(A) a judge of a United States court of appeals;
4880	4880	(B) a judge of a United States district court;
4881	4881	(C) a judge of a United States bankruptcy court;
4882	4882	or
4883	4883	(D) a magistrate judge of a United States
4884	4884	district court.
4885	4885	(8-a) "State judge" means:
4886	4886	(A) the judge of an appellate court, a district
4887	4887	court, or a county court at law of this state; or
4888	4888	(B) an associate judge appointed under Chapter
4889	4889	201, Family Code.
4890	4890	SECTION 13A.02. Sections 521.054(a) and (b),
4891	4891	Transportation Code, are amended to read as follows:
4892	4892	(a) This section applies to a person who:
4893	4893	(1) after applying for or being issued a [the] license
4894	4894	or certificate moves to a new residence [from the] address [stated
4895	4895	in the person's application for a license or certificate];
4896	4896	(2) has used the procedure under Section 521.121(d)
4897	4897	and whose status as a federal judge, a state judge, or the spouse of
4898	4898	a federal or state judge becomes inapplicable [moves from the
4899	4899	address shown on the license or certificate held by the person]; or
4900	4900	(3) changes the person's name by marriage or
4901	4901	otherwise.
4902	4902	(b) A person subject to this section shall notify the
4903	4903	department of the change not later than the 30th day after the date
4904	4904	on which the change takes effect and apply for a duplicate license
4905	4905	or certificate as provided by Section 521.146. The duplicate
4906	4906	license must include the person's current residence address.
4907	4907	SECTION 13A.03. Section 521.121, Transportation Code, is
4908	4908	amended by amending Subsection (a) and adding Subsection (d) to
4909	4909	read as follows:
4910	4910	(a) The driver's license must include:
4911	4911	(1) a distinguishing number assigned by the department
4912	4912	to the license holder;
4913	4913	(2) a color photograph of the entire face of the
4914	4914	holder;
4915	4915	(3) the full name and[,] date of birth[, and residence
4916	4916	address] of the holder; [and]
4917	4917	(4) a brief description of the holder; and
4918	4918	(5) the license holder's residence address or, for a
4919	4919	license holder using the procedure under Subsection (d), the street
4920	4920	address of the courthouse in which the license holder or license
4921	4921	holder's spouse serves as a federal judge or state judge.
4922	4922	(d) The department shall establish a procedure for a federal
4923	4923	judge, a state judge, or the spouse of a federal or state judge to
4924	4924	omit the license holder's residence address on the license and to
4925	4925	include, in lieu of that address, the street address of the
4926	4926	courthouse in which the license holder or license holder's spouse
4927	4927	serves as a federal judge or state judge. In establishing the
4928	4928	procedure, the department shall require sufficient documentary
4929	4929	evidence to establish the license holder's status as a federal
4930	4930	judge, state judge, or the spouse of a federal or state judge.
4931	4931	SECTION 13A.04. Section 521.142(c), Transportation Code,
4932	4932	is amended to read as follows:
4933	4933	(c) The application must state:
4934	4934	(1) the sex of the applicant;
4935	4935	(2) the residence address of the applicant, or if the
4936	4936	applicant is a federal judge, a state judge, or the spouse of a
4937	4937	federal or state judge using the procedure developed under Section
4938	4938	521.121(d), the street address of the courthouse in which the
4939	4939	applicant or the applicant's spouse serves as a federal judge or a
4940	4940	state judge;
4941	4941	(3) whether the applicant has been licensed to drive a
4942	4942	motor vehicle before;
4943	4943	(4) if previously licensed, when and by what state or
4944	4944	country;
4945	4945	(5) whether that license has been suspended or revoked
4946	4946	or a license application denied;
4947	4947	(6) the date and reason for the suspension,
4948	4948	revocation, or denial;
4949	4949	(7) whether the applicant is a citizen of the United
4950	4950	States; and
4951	4951	(8) the county of residence of the applicant.
4952	4952	ARTICLE 14. USE OF AN OFFENDER IDENTIFICATION CARD OR SIMILAR FORM
4953	4953	OF IDENTIFICATION AS PROOF OF IDENTITY FOR AN APPLICANT FOR A
4954	4954	DRIVER'S LICENSE OR COMMERCIAL DRIVER'S LICENSE
4955	4955	SECTION 14.01. Subsection (a), Section 521.142,
4956	4956	Transportation Code, is amended to read as follows:
4957	4957	(a) An application for an original license must state the
4958	4958	applicant's full name and place and date of birth. This information
4959	4959	must be verified by presentation of proof of identity satisfactory
4960	4960	to the department. The department must accept as satisfactory
4961	4961	proof of identity under this subsection an offender identification
4962	4962	card or similar form of identification issued to an inmate by the
4963	4963	Texas Department of Criminal Justice if the applicant also provides
4964	4964	supplemental verifiable records or documents that aid in
4965	4965	establishing identity.
4966	4966	SECTION 14.02. Subchapter G, Chapter 521, Transportation
4967	4967	Code, is amended by adding Section 521.1421 to read as follows:
4968	4968	Sec. 521.1421. INMATE IDENTIFICATION VERIFICATION PILOT
4969	4969	PROGRAM. (a) The department shall participate in an inmate
4970	4970	identification verification pilot program for the purpose of
4971	4971	issuing driver's licenses and personal identification certificates
4972	4972	to inmates of the Texas Department of Criminal Justice.
4973	4973	(b) Under the pilot program, the department may:
4974	4974	(1) enter into a contract with the Texas Department of
4975	4975	Criminal Justice and the Department of State Health Services to
4976	4976	establish an identification verification process for inmates of the
4977	4977	Texas Department of Criminal Justice; and
4978	4978	(2) issue a driver's license or a personal
4979	4979	identification certificate to an inmate whose identity has been
4980	4980	confirmed through the verification process and who otherwise meets
4981	4981	the requirements for the issuance of the driver's license or
4982	4982	personal identification certificate.
4983	4983	(c) At the conclusion of the pilot program the governing
4984	4984	bodies of the participating agencies may agree to continue the
4985	4985	pilot program on a permanent basis.
4986	4986	(d) Not later than December 1, 2010, the department and the
4987	4987	Texas Department of Criminal Justice shall jointly issue a report
4988	4988	to the standing committees of the legislature with jurisdiction
4989	4989	over issues related to criminal justice and homeland security
4990	4990	addressing:
4991	4991	(1) the status of the pilot program;
4992	4992	(2) the effectiveness of the pilot program; and
4993	4993	(3) an analysis of the feasibility of implementing a
4994	4994	statewide program based on the pilot program.
4995	4995	SECTION 14.03. Subsection (c-1), Section 522.021,
4996	4996	Transportation Code, is amended to read as follows:
4997	4997	(c-1) If the department requires proof of an applicant's
4998	4998	identity as part of an application under this section, the
4999	4999	department must accept as satisfactory proof of identity an
5000	5000	offender identification card or similar form of identification
5001	5001	issued to an inmate by the Texas Department of Criminal Justice if
5002	5002	the applicant also provides supplemental verifiable records or
5003	5003	documents that aid in establishing identity.
5004	5004	SECTION 14.04. The changes in law made by this article apply
5005	5005	only to an application for a driver's license, commercial driver's
5006	5006	license, or personal identification certificate submitted on or
5007	5007	after the effective date of this article. An application for a
5008	5008	driver's license, commercial driver's license, or personal
5009	5009	identification certificate submitted before the effective date of
5010	5010	this article is subject to the law in effect on the date the
5011	5011	application was submitted, and that law is continued in effect for
5012	5012	that purpose.
5013	5013	SECTION 14.05. This article takes effect September 1, 2009.
5014	5014	ARTICLE 15. DRIVER RESPONSIBILITY PROGRAM
5015	5015	SECTION 15.01. Section 708.151, Transportation Code, is
5016	5016	amended to read as follows:
5017	5017	Sec. 708.151. NOTICE OF SURCHARGE. (a) The department
5018	5018	shall send notices as required by Subsection (b) to [notify] the
5019	5019	holder of a driver's license when [of the assessment of] a surcharge
5020	5020	is assessed on that license. Each notice must:
5021	5021	(1) be sent by first class mail [sent] to the person's
5022	5022	most recent address as shown on the records of the department or to
5023	5023	the person's most recent forwarding address on record with the
5024	5024	United States Postal Service if it is different;
5025	5025	(2) [. The notice must] specify the date by which the
5026	5026	surcharge must be paid;
5027	5027	(3) state the total dollar amount of the surcharge
5028	5028	that must be paid, the number of monthly payments required under an
5029	5029	installment payment plan, and the minimum monthly payment required
5030	5030	for a person to enter and maintain an installment payment plan with
5031	5031	the department; and
5032	5032	(4) state the consequences of a failure to pay the
5033	5033	surcharge.
5034	5034	(b) The department shall send a first notice not later than
5035	5035	the fifth day after the date the surcharge is assessed.
5036	5036	(c) If on or before the 45th day after the date the first
5037	5037	notice was sent the person fails to pay the amount of the surcharge
5038	5038	or fails to enter into an installment payment agreement with the
5039	5039	department, the department shall send a second notice. If on or
5040	5040	before the 60th day after the date the second notice was sent the
5041	5041	person fails to pay the amount of the surcharge or fails to enter
5042	5042	into an installment payment agreement with the department, the
5043	5043	department shall send a third notice that advises the person that
5044	5044	the person's driving privileges are suspended.
5045	5045	SECTION 15.02. Section 708.152(a), Transportation Code, is
5046	5046	amended to read as follows:
5047	5047	(a) If on [before] the 60th [30th] day after the date the
5048	5048	department sends a second notice under Section 708.151 the person
5049	5049	fails to pay the amount of a surcharge on the person's license or
5050	5050	fails to enter into an installment payment agreement with the
5051	5051	department, the license of the person is automatically suspended.
5052	5052	A person's license may not be suspended under this section before
5053	5053	the 105th day after the date the surcharge was assessed by the
5054	5054	department.
5055	5055	SECTION 15.03. Section 708.153(b), Transportation Code, is
5056	5056	amended to read as follows:
5057	5057	(b) A rule under this section:
5058	5058	(1) may not require [permit] a person to:
5059	5059	(A) pay surcharges that total $500 or more [a
5060	5060	surcharge] over a period of less [more] than 36 consecutive months;
5061	5061	(B) pay surcharges that total more than $250 but
5062	5062	not more than $499 over a period of less than 24 consecutive months;
5063	5063	or
5064	5064	(C) pay surcharges that total $249 or less over a
5065	5065	period of less than 12 consecutive months; and
5066	5066	(2) may provide that if the person fails to make any
5067	5067	[a] required monthly installment payment, the department may
5068	5068	reestablish the installment plan on receipt of a payment in the
5069	5069	amount equal to at least a required monthly installment payment [or
5070	5070	declare the amount of the unpaid surcharge immediately due and
5071	5071	payable].
5072	5072	SECTION 15.04. Subchapter D, Chapter 708, Transportation
5073	5073	Code, is amended by adding Section 708.158 to read as follows:
5074	5074	Sec. 708.158. INDIGENT STATUS AND REDUCTION OF SURCHARGES.
5075	5075	(a) The department shall waive all surcharges assessed under this
5076	5076	chapter for a person who is indigent. For the purposes of this
5077	5077	section, a person is considered to be indigent if the person
5078	5078	provides the evidence described by Subsection (b) to the court.
5079	5079	(b) A person must provide information to the court in which
5080	5080	the person is convicted of the offense that is the basis for the
5081	5081	surcharge to establish that the person is indigent. The following
5082	5082	documentation may be used as proof:
5083	5083	(1) a copy of the person's most recent federal income
5084	5084	tax return that shows that the person's income or the person's
5085	5085	household income does not exceed 125 percent of the applicable
5086	5086	income level established by the federal poverty guidelines;
5087	5087	(2) a copy of the person's most recent statement of
5088	5088	wages that shows that the person's income or the person's household
5089	5089	income does not exceed 125 percent of the applicable income level
5090	5090	established by the federal poverty guidelines; or
5091	5091	(3) documentation from a federal agency, state agency,
5092	5092	or school district that indicates that the person or, if the person
5093	5093	is a dependent as defined by Section 152, Internal Revenue Code of
5094	5094	1986, the taxpayer claiming the person as a dependent, receives
5095	5095	assistance from:
5096	5096	(A) the food stamp program or the financial
5097	5097	assistance program established under Chapter 31, Human Resources
5098	5098	Code;
5099	5099	(B) the federal special supplemental nutrition
5100	5100	program for women, infants, and children authorized by 42 U.S.C.
5101	5101	Section 1786;
5102	5102	(C) the medical assistance program under Chapter
5103	5103	32, Human Resources Code;
5104	5104	(D) the child health plan program under Chapter
5105	5105	62, Health and Safety Code; or
5106	5106	(E) the national free or reduced-price lunch
5107	5107	program established under 42 U.S.C. Section 1751 et seq.
5108	5108	SECTION 15.05. Section 708.157(c), Transportation Code, is
5109	5109	amended to read as follows:
5110	5110	(c) The department by rule shall [may] establish an
5111	5111	indigency program for holders of a driver's license on which a
5112	5112	surcharge has been assessed for certain offenses, as determined by
5113	5113	the department.
5114	5114	SECTION 15.06. Subchapter B, Chapter 708, Transportation
5115	5115	Code, is amended by adding Section 708.056 to read as follows:
5116	5116	Sec. 708.056. DEDUCTION OF POINTS. The department by rule
5117	5117	shall establish a procedure to provide for the deduction of one
5118	5118	point accumulated by a person under this subchapter to account for
5119	5119	each year that the person has not accumulated points under this
5120	5120	subchapter.
5121	5121	SECTION 15.07. The changes in law made by this article apply
5122	5122	only to a surcharge that is assessed under Chapter 708,
5123	5123	Transportation Code, on or after the effective date of this
5124	5124	article. A surcharge that was assessed under that chapter before
5125	5125	the effective date of this article is subject to the law in effect
5126	5126	on the date the surcharge was assessed, and that law is continued in
5127	5127	effect for that purpose.
5128	5128	SECTION 15.08. This article takes effect September 1, 2011.
5129	5129	ARTICLE 15A. MOTOR VEHICLE SAFETY RESPONSIBILITY
5130	5130	SECTION 15A.01. Section 601.053, Transportation Code, is
5131	5131	amended by amending Subsection (b) and adding Subsection (c) to
5132	5132	read as follows:
5133	5133	(b) Except as provided by Subsection (c), an [An] operator
5134	5134	who does not exhibit evidence of financial responsibility under
5135	5135	Subsection (a) is presumed to have operated the vehicle in
5136	5136	violation of Section 601.051.
5137	5137	(c) Subsection (b) does not apply if the peace officer
5138	5138	determines through use of the verification program established
5139	5139	under Subchapter N that financial responsibility has been
5140	5140	established for the vehicle.
5141	5141	SECTION 15A.02. Subchapter N, Chapter 601, Transportation
5142	5142	Code, as added by Chapter 1325 (H.B. 3588), Acts of the 78th
5143	5143	Legislature, Regular Session, 2003, is repealed.
5144	5144	ARTICLE 16. SUSPENSION OF A DRIVER'S LICENSE BY DEPARTMENT
5145	5145	SECTION 16.01. Section 521.341, Transportation Code, is
5146	5146	amended to read as follows:
5147	5147	Sec. 521.341. REQUIREMENTS FOR AUTOMATIC LICENSE
5148	5148	SUSPENSION. Except as provided by Sections 521.344(d)-(i), a
5149	5149	license is automatically suspended on final conviction of the
5150	5150	license holder of:
5151	5151	(1) an offense under Section 19.05, Penal Code,
5152	5152	committed as a result of the holder's criminally negligent
5153	5153	operation of a motor vehicle;
5154	5154	(2) an offense under Section 38.04, Penal Code, if the
5155	5155	holder used a motor vehicle in the commission of the offense;
5156	5156	(3) an offense under Section 49.04, 49.045, or 49.08,
5157	5157	Penal Code;
5158	5158	(4) an offense under Section 49.07, Penal Code, if the
5159	5159	holder used a motor vehicle in the commission of the offense;
5160	5160	(5) an offense punishable as a felony under the motor
5161	5161	vehicle laws of this state;
5162	5162	(6) an offense under Section 550.021;
5163	5163	(7) an offense under Section 521.451 or 521.453; or
5164	5164	(8) an offense under Section 19.04, Penal Code, if the
5165	5165	holder used a motor vehicle in the commission of the offense.
5166	5166	SECTION 16.02. Sections 521.342(a) and (b), Transportation
5167	5167	Code, are amended to read as follows:
5168	5168	(a) Except as provided by Section 521.344, the license of a
5169	5169	person who was under 21 years of age at the time of the offense,
5170	5170	other than an offense classified as a misdemeanor punishable by
5171	5171	fine only, is automatically suspended on conviction of:
5172	5172	(1) an offense under Section 49.04, 49.045, or 49.07,
5173	5173	Penal Code, committed as a result of the introduction of alcohol
5174	5174	into the body;
5175	5175	(2) an offense under the Alcoholic Beverage Code,
5176	5176	other than an offense to which Section 106.071 of that code applies,
5177	5177	involving the manufacture, delivery, possession, transportation,
5178	5178	or use of an alcoholic beverage;
5179	5179	(3) a misdemeanor offense under Chapter 481, Health
5180	5180	and Safety Code, for which Subchapter P does not require the
5181	5181	automatic suspension of the license;
5182	5182	(4) an offense under Chapter 483, Health and Safety
5183	5183	Code, involving the manufacture, delivery, possession,
5184	5184	transportation, or use of a dangerous drug; or
5185	5185	(5) an offense under Chapter 485, Health and Safety
5186	5186	Code, involving the manufacture, delivery, possession,
5187	5187	transportation, or use of an abusable volatile chemical.
5188	5188	(b) The department shall suspend for one year the license of
5189	5189	a person who is under 21 years of age and is convicted of an offense
5190	5190	under Section 49.04, 49.045, 49.07, or 49.08, Penal Code,
5191	5191	regardless of whether the person is required to attend an
5192	5192	educational program under Section 13(h), Article 42.12, Code of
5193	5193	Criminal Procedure, that is designed to rehabilitate persons who
5194	5194	have operated motor vehicles while intoxicated, unless the person
5195	5195	is placed under community supervision under that article and is
5196	5196	required as a condition of the community supervision to not operate
5197	5197	a motor vehicle unless the vehicle is equipped with the device
5198	5198	described by Section 13(i) of that article. If the person is
5199	5199	required to attend such a program and does not complete the program
5200	5200	before the end of the person's suspension, the department shall
5201	5201	suspend the person's license or continue the suspension, as
5202	5202	appropriate, until the department receives proof that the person
5203	5203	has successfully completed the program. On the person's successful
5204	5204	completion of the program, the person's instructor shall give
5205	5205	notice to the department and to the community supervision and
5206	5206	corrections department in the manner provided by Section 13(h),
5207	5207	Article 42.12, Code of Criminal Procedure.
5208	5208	SECTION 16.03. Sections 521.344(a), (c), and (i),
5209	5209	Transportation Code, are amended to read as follows:
5210	5210	(a) Except as provided by Sections 521.342(b) and 521.345,
5211	5211	and by Subsections (d)-(i), if a person is convicted of an offense
5212	5212	under Section 49.04, 49.045, or 49.07, Penal Code, the license
5213	5213	suspension:
5214	5214	(1) begins on a date set by the court that is not
5215	5215	earlier than the date of the conviction or later than the 30th day
5216	5216	after the date of the conviction, as determined by the court; and
5217	5217	(2) continues for a period set by the court according
5218	5218	to the following schedule:
5219	5219	(A) not less than 90 days or more than one year,
5220	5220	if the person is punished under Section 49.04, 49.045, or 49.07,
5221	5221	Penal Code, except that if the person's license is suspended for a
5222	5222	second or subsequent offense under Section 49.07 committed within
5223	5223	five years of the date on which the most recent preceding offense
5224	5224	was committed, the suspension continues for a period of one year;
5225	5225	(B) not less than 180 days or more than two years,
5226	5226	if the person is punished under Section 49.09(a) or (b), Penal Code;
5227	5227	or
5228	5228	(C) not less than one year or more than two years,
5229	5229	if the person is punished under Section 49.09(a) or (b), Penal Code,
5230	5230	and is subject to Section 49.09(h) of that code.
5231	5231	(c) The court shall credit toward the period of suspension a
5232	5232	suspension imposed on the person for refusal to give a specimen
5233	5233	under Chapter 724 if the refusal followed an arrest for the same
5234	5234	offense for which the court is suspending the person's license
5235	5235	under this chapter. The court may not extend the credit to a
5236	5236	person:
5237	5237	(1) who has been previously convicted of an offense
5238	5238	under Section 49.04, 49.045, 49.07, or 49.08, Penal Code; or
5239	5239	(2) whose period of suspension is governed by Section
5240	5240	521.342(b).
5241	5241	(i) On the date that a suspension order under Section
5242	5242	521.343(c) is to expire, the period of suspension or the
5243	5243	corresponding period in which the department is prohibited from
5244	5244	issuing a license is automatically increased to two years unless
5245	5245	the department receives notice of successful completion of the
5246	5246	educational program as required by Section 13, Article 42.12, Code
5247	5247	of Criminal Procedure. At the time a person is convicted of an
5248	5248	offense under Section 49.04 or 49.045, Penal Code, the court shall
5249	5249	warn the person of the effect of this subsection. On the person's
5250	5250	successful completion of the program, the person's instructor shall
5251	5251	give notice to the department and to the community supervision and
5252	5252	corrections department in the manner required by Section 13,
5253	5253	Article 42.12, Code of Criminal Procedure. If the department
5254	5254	receives proof of completion after a period has been extended under
5255	5255	this subsection, the department shall immediately end the
5256	5256	suspension or prohibition.
5257	5257	SECTION 16.04. Sections 13(h) and (n), Article 42.12, Code
5258	5258	of Criminal Procedure, are amended to read as follows:
5259	5259	(h) If a person convicted of an offense under Sections
5260	5260	49.04-49.08, Penal Code, is placed on community supervision, the
5261	5261	judge shall require, as a condition of the community supervision,
5262	5262	that the defendant attend and successfully complete before the
5263	5263	181st day after the day community supervision is granted an
5264	5264	educational program jointly approved by the Texas Commission on
5265	5265	Alcohol and Drug Abuse, the Department of Public Safety, the
5266	5266	Traffic Safety Section of the Texas Department of Transportation,
5267	5267	and the community justice assistance division of the Texas
5268	5268	Department of Criminal Justice designed to rehabilitate persons who
5269	5269	have driven while intoxicated. The Texas Commission on Alcohol and
5270	5270	Drug Abuse shall publish the jointly approved rules and shall
5271	5271	monitor, coordinate, and provide training to persons providing the
5272	5272	educational programs. The Texas Commission on Alcohol and Drug
5273	5273	Abuse is responsible for the administration of the certification of
5274	5274	approved educational programs and may charge a nonrefundable
5275	5275	application fee for the initial certification of approval and for
5276	5276	renewal of a certificate. The judge may waive the educational
5277	5277	program requirement or may grant an extension of time to
5278	5278	successfully complete the program that expires not later than one
5279	5279	year after the beginning date of the person's community
5280	5280	supervision, however, if the defendant by a motion in writing shows
5281	5281	good cause. In determining good cause, the judge may consider but
5282	5282	is not limited to: the defendant's school and work schedule, the
5283	5283	defendant's health, the distance that the defendant must travel to
5284	5284	attend an educational program, and the fact that the defendant
5285	5285	resides out of state, has no valid driver's license, or does not
5286	5286	have access to transportation. The judge shall set out the finding
5287	5287	of good cause for waiver in the judgment. If a defendant is
5288	5288	required, as a condition of community supervision, to attend an
5289	5289	educational program or if the court waives the educational program
5290	5290	requirement, the court clerk shall immediately report that fact to
5291	5291	the Department of Public Safety, on a form prescribed by the
5292	5292	department, for inclusion in the person's driving record. If the
5293	5293	court grants an extension of time in which the person may complete
5294	5294	the program, the court clerk shall immediately report that fact to
5295	5295	the Department of Public Safety on a form prescribed by the
5296	5296	department. The report must include the beginning date of the
5297	5297	person's community supervision. Upon the person's successful
5298	5298	completion of the educational program, the person's instructor
5299	5299	shall give notice to the Department of Public Safety for inclusion
5300	5300	in the person's driving record and to the community supervision and
5301	5301	corrections department. The community supervision and corrections
5302	5302	department shall then forward the notice to the court clerk for
5303	5303	filing. If the Department of Public Safety does not receive notice
5304	5304	that a defendant required to complete an educational program has
5305	5305	successfully completed the program within the period required by
5306	5306	this section, as shown on department records, the department shall
5307	5307	revoke the defendant's driver's license, permit, or privilege or
5308	5308	prohibit the person from obtaining a license or permit, as provided
5309	5309	by Sections 521.344(e) and (f), Transportation Code. The
5310	5310	Department of Public Safety may not reinstate a license suspended
5311	5311	under this subsection unless the person whose license was suspended
5312	5312	makes application to the department for reinstatement of the
5313	5313	person's license and pays to the department a reinstatement fee of
5314	5314	$100 [$50]. The Department of Public Safety shall remit all fees
5315	5315	collected under this subsection to the comptroller for deposit in
5316	5316	the general revenue fund. This subsection does not apply to a
5317	5317	defendant if a jury recommends community supervision for the
5318	5318	defendant and also recommends that the defendant's driver's license
5319	5319	not be suspended.
5320	5320	(n) Notwithstanding any other provision of this section or
5321	5321	other law, the judge who places on community supervision a
5322	5322	defendant who was [is] younger than 21 years of age at the time of
5323	5323	the offense and was convicted for an offense under Sections
5324	5324	49.04-49.08, Penal Code, shall:
5325	5325	(1) order that the defendant's driver's license be
5326	5326	suspended for 90 days beginning on the date that the person is
5327	5327	placed on community supervision; and
5328	5328	(2) require as a condition of community supervision
5329	5329	that the defendant not operate a motor vehicle unless the vehicle is
5330	5330	equipped with the device described by Subsection (i) of this
5331	5331	section.
5332	5332	SECTION 16.05. The changes in law made by this article to
5333	5333	Sections 521.341, 521.342, and 521.344, Transportation Code, and
5334	5334	Section 13, Article 42.12, Code of Criminal Procedure, apply only
5335	5335	to an offense committed on or after the effective date of this
5336	5336	article. For purposes of this section, an offense was committed
5337	5337	before the effective date of this article if any element of the
5338	5338	offense occurred before the effective date of this article.
5339	5339	SECTION 16.06. This article takes effect September 1, 2009.
5340	5340	ARTICLE 17. SUBMISSION OF REPORTS ON CERTAIN CONVICTIONS OR
5341	5341	ADJUDICATIONS RELATING TO THE OPERATION OF MOTOR VEHICLES TO THE
5342	5342	DEPARTMENT
5343	5343	SECTION 17.01. Subsections (a) and (b), Section 522.061,
5344	5344	Transportation Code, are amended to read as follows:
5345	5345	(a) A person who holds or is required to hold a commercial
5346	5346	driver's license under this chapter and who is convicted in another
5347	5347	state of violating a state law or local ordinance relating to motor
5348	5348	vehicle traffic control shall notify the department in the manner
5349	5349	specified by the department not later than the seventh [30th] day
5350	5350	after the date of conviction.
5351	5351	(b) A person who holds or is required to hold a commercial
5352	5352	driver's license under this chapter and who is convicted in this
5353	5353	state or another state of violating a state law or local ordinance
5354	5354	relating to motor vehicle traffic control, including a law
5355	5355	regulating the operation of vehicles on highways, shall notify the
5356	5356	person's employer in writing of the conviction not later than the
5357	5357	seventh [30th] day after the date of conviction.
5358	5358	SECTION 17.02. Section 543.203, Transportation Code, is
5359	5359	amended to read as follows:
5360	5360	Sec. 543.203. SUBMITTING RECORD TO DEPARTMENT. Not later
5361	5361	than the seventh [30th] day after the date of conviction or
5362	5362	forfeiture of bail of a person on a charge of violating a law
5363	5363	regulating the operation of a vehicle on a highway or conviction of
5364	5364	a person of negligent homicide or a felony in the commission of
5365	5365	which a vehicle was used, the magistrate, judge, or clerk of the
5366	5366	court in which the conviction was had or bail was forfeited shall
5367	5367	immediately submit to the department a written record of the case
5368	5368	containing the information required by Section 543.202.
5369	5369	SECTION 17.03. Subsection (a), Section 543.204,
5370	5370	Transportation Code, is amended to read as follows:
5371	5371	(a) A justice of the peace or municipal judge who defers
5372	5372	further proceedings, suspends all or part of the imposition of the
5373	5373	fine, and places a defendant on probation under Article 45.051,
5374	5374	Code of Criminal Procedure, or a county court judge who follows that
5375	5375	procedure under Article 42.111, Code of Criminal Procedure, may not
5376	5376	submit a written record to the department, except that if the
5377	5377	justice or judge subsequently adjudicates the defendant's guilt,
5378	5378	the justice or judge shall submit the record not later than the
5379	5379	seventh [30th] day after the date on which the justice or judge
5380	5380	adjudicates guilt.
5381	5381	SECTION 17.04. The change in law made by this article
5382	5382	applies only to a conviction, forfeiture of bail, or adjudication
5383	5383	of guilt that occurs on or after the effective date of this article.
5384	5384	SECTION 17.05. This article takes effect September 1, 2009.
5385	5385	ARTICLE 18. CIVIL CONSEQUENCES OF CERTAIN CONVICTIONS ON A PERSON
5386	5386	WHO HOLDS A COMMERCIAL DRIVER'S LICENSE AND OF CERTAIN
5387	5387	ADJUDICATIONS ON THE DRIVER'S LICENSE OR PERMIT OF A CHILD
5388	5388	SECTION 18.01. Section 522.081(d), Transportation Code, is
5389	5389	amended to read as follows:
5390	5390	(d) A person is disqualified from driving a commercial motor
5391	5391	vehicle for life:
5392	5392	(1) if the person is convicted two or more times of an
5393	5393	offense specified by Subsection (b)(2), or a combination of those
5394	5394	offenses, arising from two or more separate incidents;
5395	5395	(2) if the person uses a motor vehicle in the
5396	5396	commission of a felony involving:
5397	5397	(A) the manufacture, distribution, or dispensing
5398	5398	of a controlled substance; or
5399	5399	(B) possession with intent to manufacture,
5400	5400	distribute, or dispense a controlled substance; [or]
5401	5401	(3) for any combination of two or more of the
5402	5402	following, arising from two or more separate incidents:
5403	5403	(A) a conviction of the person for an offense
5404	5404	described by Subsection (b)(2);
5405	5405	(B) a refusal by the person described by
5406	5406	Subsection (b)(3); and
5407	5407	(C) an analysis of the person's blood, breath, or
5408	5408	urine described by Subsection (b)(4); or
5409	5409	(4) if the person uses a motor vehicle in the
5410	5410	commission of an offense under 8 U.S.C. Section 1324 that involves
5411	5411	the transportation, concealment, or harboring of an alien.
5412	5412	SECTION 18.02. Section 54.042(a), Family Code, is amended
5413	5413	to read as follows:
5414	5414	(a) A juvenile court, in a disposition hearing under Section
5415	5415	54.04, shall:
5416	5416	(1) order the Department of Public Safety to suspend a
5417	5417	child's driver's license or permit, or if the child does not have a
5418	5418	license or permit, to deny the issuance of a license or permit to
5419	5419	the child if the court finds that the child has engaged in conduct
5420	5420	that:
5421	5421	(A) violates a law of this state enumerated in
5422	5422	Section 521.342(a), Transportation Code; or
5423	5423	(B) violates a penal law of this state or the
5424	5424	United States, an element or elements of which involve a severe form
5425	5425	of trafficking in persons, as defined by 22 U.S.C. Section 7102; or
5426	5426	(2) notify the Department of Public Safety of the
5427	5427	adjudication, if the court finds that the child has engaged in
5428	5428	conduct that violates a law of this state enumerated in Section
5429	5429	521.372(a), Transportation Code.
5430	5430	SECTION 18.03. (a) The change in law made by this article
5431	5431	to Section 522.081, Transportation Code, applies only in connection
5432	5432	with a conviction that becomes final on or after the effective date
5433	5433	of this article. A conviction that became final before the
5434	5434	effective date of this article is covered by Section 522.081,
5435	5435	Transportation Code, as that section existed on the date the
5436	5436	conviction became final, and the former law is continued in effect
5437	5437	for that purpose.
5438	5438	(b) The change in law made by this article in amending
5439	5439	Section 54.042, Family Code, applies only to conduct that occurs on
5440	5440	or after the effective date of this article. Conduct that occurred
5441	5441	before the effective date of this article is covered by the law in
5442	5442	effect at the time the conduct occurred, and the former law is
5443	5443	continued in effect for that purpose.
5444	5444	SECTION 18.04. This article takes effect September 1, 2009.
5445	5445	ARTICLE 19. [blank]
5446	5446	ARTICLE 20. ADMINISTRATIVE FINE AND LATE PAYMENT FEE FOR A
5447	5447	VIOLATION OF A PARKING RULE APPLICABLE TO THE CAPITOL COMPLEX
5448	5448	SECTION 20.01. Subsections (a), (b), and (d), Section
5449	5449	411.067, Government Code, are amended to read as follows:
5450	5450	(a) The department may [shall have authority to] adopt rules
5451	5451	for the assessment of an administrative fine of $25 [$10] for
5452	5452	violations of the parking rules adopted under Section 411.063.
5453	5453	Notwithstanding the provisions of Sections 411.065 and 411.066, the
5454	5454	department may [in its discretion] issue an administrative citation
5455	5455	for a parking violation.
5456	5456	(b) Rules adopted under this section shall:
5457	5457	(1) establish a system for enforcement of
5458	5458	administrative citations, including [but not limited to]
5459	5459	assessment of a late fee not to exceed $5 [$2] and towing,
5460	5460	impoundment, or immobilization of vehicles; and
5461	5461	(2) provide [for] a procedure of administrative review
5462	5462	within the highway patrol district that includes the Capitol
5463	5463	Complex [capitol police district] and, on request of the person
5464	5464	assessed an administrative fine, further judicial review by the
5465	5465	department filing the appropriate citation or complaint in a court
5466	5466	[of competent jurisdiction], as provided in Section 411.066.
5467	5467	(d) The department shall remit to the comptroller for
5468	5468	deposit in the general revenue fund each [any] administrative fine
5469	5469	and late fee collected [received] under this section. The money
5470	5470	deposited [Such revenues] may be appropriated only to the
5471	5471	department for [capitol police] security and parking in the highway
5472	5472	patrol district that includes the Capitol Complex.
5473	5473	SECTION 20.02. This article takes effect September 1, 2009.
5474	5474	ARTICLE 21. CRIMINAL HISTORY REPORTING
5475	5475	SECTION 21.001. Chapter 60, Code of Criminal Procedure, is
5476	5476	amended by adding Article 60.10 to read as follows:
5477	5477	Art. 60.10. DATA REPORTING IMPROVEMENT PLAN. (a) In this
5478	5478	article, "disposition completeness percentage" has the meaning
5479	5479	assigned by Article 60.21(c).
5480	5480	(b) This article applies only to a county that has an
5481	5481	average disposition completeness percentage, including both
5482	5482	juvenile and adult dispositions, of less than 90 percent, as
5483	5483	reflected in the first report the Department of Public Safety
5484	5484	submits under Article 60.21(b)(2) on or after January 1, 2009.
5485	5485	(c) The commissioners court of a county described by
5486	5486	Subsection (b) shall establish a local data advisory board as
5487	5487	described by Article 60.09 not later than November 1, 2009. A local
5488	5488	data advisory board established under this article may include any
5489	5489	person described by Article 60.09(b) and must include:
5490	5490	(1) the sheriff of the county, or the sheriff's
5491	5491	designee;
5492	5492	(2) an attorney who represents the state in the
5493	5493	district courts of the county;
5494	5494	(3) an attorney who represents the state in the county
5495	5495	courts of the county;
5496	5496	(4) the clerk for the district courts of the county, or
5497	5497	the clerk's designee;
5498	5498	(5) the clerk for the county courts of the county, or
5499	5499	the clerk's designee;
5500	5500	(6) the police chief of the municipality with the
5501	5501	greatest population located in the county, or the chief's designee;
5502	5502	(7) a representative of the county's automated data
5503	5503	processing services, if the county performs those services; and
5504	5504	(8) a representative of an entity with whom the county
5505	5505	contracts for automated data processing services, if the county
5506	5506	contracts for those services.
5507	5507	(d) In addition to the duties described by Article 60.09(a),
5508	5508	a local data advisory board established under this article must
5509	5509	prepare a data reporting improvement plan. The data reporting
5510	5510	improvement plan must:
5511	5511	(1) describe the manner in which the county intends to
5512	5512	improve the county's disposition completeness percentage;
5513	5513	(2) ensure that the county takes the steps necessary
5514	5514	for the county's average disposition completeness percentage to be
5515	5515	equal to or greater than 90 percent in the first report the
5516	5516	Department of Public Safety submits under Article 60.21(b)(2) on or
5517	5517	after January 1, 2013; and
5518	5518	(3) include a comprehensive strategy by which the
5519	5519	county will permanently maintain the county's disposition
5520	5520	completeness percentage at or above 90 percent.
5521	5521	(e) Not later than June 1, 2010, a local data advisory board
5522	5522	established under this article shall submit to the Department of
5523	5523	Public Safety the data reporting improvement plan prepared for the
5524	5524	county. On receipt of a data reporting improvement plan under this
5525	5525	article, the department shall post the plan on the Internet website
5526	5526	maintained by the department.
5527	5527	(f) The public safety director of the Department of Public
5528	5528	Safety may adopt rules concerning the contents and form of a data
5529	5529	reporting improvement plan prepared under this article.
5530	5530	(g) This article expires September 1, 2013.
5531	5531	SECTION 21.002. Article 60.21, Code of Criminal Procedure,
5532	5532	is amended by amending Subsection (b) and adding Subsection (c) to
5533	5533	read as follows:
5534	5534	(b) The Department of Public Safety shall:
5535	5535	(1) monitor the submission of arrest and disposition
5536	5536	information by local jurisdictions;
5537	5537	(2) annually submit to the Legislative Budget Board,
5538	5538	the governor, the lieutenant governor, the state auditor, and the
5539	5539	standing committees in the senate and house of representatives that
5540	5540	have primary jurisdiction over criminal justice and the Department
5541	5541	of Public Safety [council] a report regarding the level of
5542	5542	reporting by local jurisdictions;
5543	5543	(3) identify local jurisdictions that do not report
5544	5544	arrest or disposition information or that partially report
5545	5545	information; and
5546	5546	(4) for use in determining the status of outstanding
5547	5547	dispositions, publish monthly on the Department of Public Safety's
5548	5548	Internet website or on another electronic publication a report
5549	5549	listing each arrest by local jurisdiction for which there is no
5550	5550	corresponding final court disposition.
5551	5551	(c) The report described by Subsection (b)(2) must contain a
5552	5552	disposition completeness percentage for each county in this state.
5553	5553	For purposes of this subsection, "disposition completeness
5554	5554	percentage" means the percentage of arrest charges a county reports
5555	5555	to the Department of Public Safety to be entered in the computerized
5556	5556	criminal history system under this chapter that were brought
5557	5557	against a person in the county for which a disposition has been
5558	5558	subsequently reported and entered into the computerized criminal
5559	5559	history system.
5560	5560	ARTICLE 22. TRANSFER OF REGULATORY PROGRAMS RELATING TO DISPENSING
5561	5561	CONTROLLED SUBSTANCES BY PRESCRIPTION
5562	5562	SECTION 22.01. (a) The director of the Department of
5563	5563	Public Safety or the director's designee, the executive director of
5564	5564	the Texas State Board of Pharmacy or the executive director's
5565	5565	designee, and the executive director of the Texas Medical Board or
5566	5566	the executive director's designee shall meet as an interagency
5567	5567	council to develop a transition plan for the orderly transfer from
5568	5568	the Department of Public Safety to the Texas State Board of Pharmacy
5569	5569	of certain records and regulatory functions relating to dispensing
5570	5570	controlled substances by prescription under Chapter 481, Health and
5571	5571	Safety Code.
5572	5572	(b) In developing the transition plan, the council shall:
5573	5573	(1) consult with the Health and Human Services
5574	5574	Commission, the Department of State Health Services, and other
5575	5575	health and human services agencies that contract with a third party
5576	5576	for data collection;
5577	5577	(2) specify the records and regulatory functions to be
5578	5578	transferred;
5579	5579	(3) create a time frame within which the specified
5580	5580	records and functions will be transferred;
5581	5581	(4) ensure the Department of Public Safety's continued
5582	5582	access for law enforcement purposes to prescription drug
5583	5583	information obtained under Chapter 481, Health and Safety Code;
5584	5584	(5) develop a plan for the transfer of relevant
5585	5585	database information;
5586	5586	(6) make recommendations for improvements to data
5587	5587	transmission, including examining the feasibility of implementing
5588	5588	an electronic data transmission system for use by registrants and
5589	5589	the Department of Public Safety or the Texas State Board of
5590	5590	Pharmacy;
5591	5591	(7) estimate the fiscal impact of the transfer,
5592	5592	including an estimate of the costs associated with any necessary
5593	5593	staff increase;
5594	5594	(8) minimize disruptions to the professions affected
5595	5595	by the transfer;
5596	5596	(9) identify any obstacles to the transfer and make
5597	5597	recommendations to address those obstacles; and
5598	5598	(10) address any other consideration the council
5599	5599	determines is appropriate.
5600	5600	(c) Not later than January 1, 2011, the council shall submit
5601	5601	its recommendations to the legislature on the transition plan
5602	5602	developed by the council.
5603	5603	(d) The Department of Public Safety may not enter into any
5604	5604	contract or otherwise take any action that would prevent, delay, or
5605	5605	hinder a potential transfer to the Texas State Board of Pharmacy
5606	5606	occurring on or after September 1, 2011, of certain records and
5607	5607	regulatory functions relating to dispensing controlled substances
5608	5608	by prescription.
5609	5609	(e) This section expires September 1, 2011.
5610	5610	ARTICLE 23. EFFECTIVE DATE
5611	5611	SECTION 23.01. Except as otherwise provided by this Act,
5612	5612	this Act takes effect September 1, 2009.
5613	5613	______________________________ ______________________________
5614	5614	President of the Senate Speaker of the House
5615	5615	I certify that H.B. No. 2730 was passed by the House on May
5616	5616	14, 2009, by the following vote: Yeas 145, Nays 0, 1 present, not
5617	5617	voting; that the House refused to concur in Senate amendments to
5618	5618	H.B. No. 2730 on May 29, 2009, and requested the appointment of a
5619	5619	conference committee to consider the differences between the two
5620	5620	houses; that the House adopted the conference committee report on
5621	5621	H.B. No. 2730 on May 31, 2009, by the following vote: Yeas 140,
5622	5622	Nays 0, 1 present, not voting; and that the House adopted H.C.R. No.
5623	5623	293 authorizing certain corrections in H.B. No. 2730 on June 1,
5624	5624	2009, by the following vote: Yeas 142, Nays 0, 1 present, not
5625	5625	voting.
5626	5626	______________________________
5627	5627	Chief Clerk of the House
5628	5628	I certify that H.B. No. 2730 was passed by the Senate, with
5629	5629	amendments, on May 27, 2009, by the following vote: Yeas 31, Nays
5630	5630	0; at the request of the House, the Senate appointed a conference
5631	5631	committee to consider the differences between the two houses; that
5632	5632	the Senate adopted the conference committee report on H.B. No. 2730
5633	5633	on May 31, 2009, by the following vote: Yeas 31, Nays 0; and that
5634	5634	the Senate adopted H.C.R. No. 293 authorizing certain corrections
5635	5635	in H.B. No. 2730 on June 1, 2009, by the following vote: Yeas 31,
5636	5636	Nays 0.
5637	5637	______________________________
5638	5638	Secretary of the Senate
5639	5639	APPROVED: __________________
5640	5640	Date
5641	5641	__________________
5642	5642	Governor