H.B. No. 2730
AN ACT
relating to the continuation and functions of the Department of
Public Safety of the State of Texas and the Texas Private Security
Board; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. CHANGES TO VEHICLE INSPECTION PROGRAM
SECTION 1.01. Section 548.006(i), Transportation Code, is
amended to read as follows:
(i) The committee shall hold a meeting at least once [at
least two meetings] each quarter [year].
SECTION 1.02. Subchapter A, Chapter 548, Transportation
Code, is amended by adding Section 548.008 to read as follows:
Sec. 548.008. VEHICLE INSPECTION PROGRAM DIRECTOR. (a)
The vehicle inspection program is managed by a program director.
The program director may not be a commissioned officer.
(b) The office of the vehicle inspection program director
must be located in Austin, Texas.
(c) The duties of the program director include:
(1) responsibility for the quality of the vehicle
inspection program;
(2) coordination of the regional offices;
(3) compilation of regional and statewide performance
data;
(4) the establishment of best practices and
distribution of those practices to the regional offices;
(5) setting goals for the entire program, in
consultation with the public safety director or the public safety
director's designee, and setting goals for each regional office in
consultation with the regional managers;
(6) monitoring the progress toward the goals set in
Subdivision (5) and evaluating the program based on that progress;
and
(7) coordination with the Texas Highway Patrol to
enforce provisions related to vehicle inspection.
(d) The regional offices shall make reports as requested by
the program director.
ARTICLE 2. DIVISION OF EMERGENCY MANAGEMENT
PART A. ORGANIZATION OF DIVISION
SECTION 2A.01. Section 418.004, Government Code, is amended
by amending Subdivision (2) and adding Subdivision (9) to read as
follows:
(2) "Division" means the Texas Division of Emergency
Management [division of emergency management in the office of the
governor].
(9) "Department" means the Department of Public Safety
of the State of Texas.
SECTION 2A.02. Sections 418.041(a), (b), and (c),
Government Code, are amended to read as follows:
(a) The Texas Division of Emergency Management [division of
emergency management] is a division of the department [office of
the governor].
(b) The division is managed by a chief [director] appointed
by the public safety director of the department, with the approval
of the governor. The chief [director] serves at the pleasure of the
public safety director [governor]. The chief must possess
professional training and knowledge consisting of not less than
five years of managerial or strategic planning experience in
matters relating to public safety, security, emergency services,
and emergency response.
(c) At least once every two months, the following shall meet
to coordinate efforts, prevent overlap of activities, and ensure
that the state's approach to emergency management and homeland
security is unified:
(1) a representative of the department;
(2) a representative of the division;
(3) a representative of the governor's office of
homeland security;
(4) the presiding officer of the Homeland Security
Council; and
(5) a state agency representative from the emergency
management council, selected by the chair of the emergency
management council. [The director shall appoint a state
coordinator.]
SECTION 2A.03. Section 418.072, Government Code, is amended
to read as follows:
Sec. 418.072. DISASTER EMERGENCY FUNDING BOARD. The
disaster emergency funding board is composed of:
(1) the governor;
(2) the lieutenant governor;
(3) the commissioner of insurance;
(4) the executive commissioner of the Health and
[Department of] Human Services Commission; and
(5) the chief [director] of the division.
SECTION 2A.04. Section 418.074(b), Government Code, is
amended to read as follows:
(b) If a gift, grant, or loan is accepted by the state, the
governor, or the emergency management council or chief of the
division [state coordinator] if designated by the governor, may
dispense the gift, grant, or loan directly to accomplish the
purpose for which it was made or may allocate and transfer to a
political subdivision services, equipment, supplies, materials, or
funds in the amount the governor or the governor's designee may
determine.
PART B. OTHER AMENDMENTS, INCLUDING CONFORMING AMENDMENTS
REFLECTING DIVISION'S NAME CHANGE
SECTION 2B.01. Section 12.0012, Agriculture Code, is
amended to read as follows:
Sec. 12.0012. NOTIFICATION. The department shall, upon
submission for publication, notify the Texas Division of Emergency
Management [division of emergency management in the office of the
governor] of each quarantine it adopts. The department shall
thereafter cooperate with the Texas Division of Emergency
Management [division of emergency management] in implementing any
necessary safeguards to protect the state's agricultural resources
from potential economic, health, or ecological disaster that may
result from the quarantined pest or disease.
SECTION 2B.02. Sections 88.303(a) and (d), Education Code,
are amended to read as follows:
(a) Notwithstanding any other law, during any period in
which Texas Task Force 1 is activated by the Texas Division of
Emergency Management [governor's division of emergency
management], or during any training session sponsored or sanctioned
by Texas Task Force 1, a participating nongovernment member or
local government employee member is included in the coverage
provided under Chapter 501, Labor Code, in the same manner as an
employee, as defined by Section 501.001, Labor Code.
(d) Notwithstanding Section 412.0123, Labor Code, as added
by Chapter 1098, Acts of the 75th Legislature, Regular Session,
1997, the Texas Division of Emergency Management [governor's
division of emergency management] shall reimburse the State Office
of Risk Management for the actual medical and indemnity benefits
paid on behalf of a covered member of Texas Task Force 1 at the
beginning of the next state fiscal year occurring after the date the
benefits are paid.
SECTION 2B.03. Section 418.014(e), Government Code, is
amended to read as follows:
(e) An executive order or proclamation shall be
disseminated promptly by means intended to bring its contents to
the attention of the general public. An order or proclamation shall
be filed promptly with the division [of emergency management], the
secretary of state, and the county clerk or city secretary in each
area to which it applies unless the circumstances attendant on the
disaster prevent or impede the filing.
SECTION 2B.04. The heading to Subchapter C, Chapter 418,
Government Code, is amended to read as follows:
SUBCHAPTER C. TEXAS DIVISION OF EMERGENCY MANAGEMENT
SECTION 2B.05. Section 418.073(d), Government Code, is
amended to read as follows:
(d) The [governor's] division [of emergency management]
shall administer the disaster contingency fund and shall develop
and implement rules and procedures for providing emergency
assistance from the fund. The division shall annually report to the
speaker of the house of representatives and the lieutenant governor
expenditures from the fund, the overall status of the fund, and any
changes to rules and procedures regarding the fund.
SECTION 2B.051. Subchapter C, Chapter 418, Government Code,
is amended by adding Section 418.050 to read as follows:
Sec. 418.050. REENTRY CREDENTIALING PILOT PROGRAM. (a)
The division shall consider implementing a pilot program for a
reentry credentialing process for reentry into areas previously
evacuated because of a disaster or threat of disaster.
SECTION 2B.06. Section 421.021(a), Government Code, is
amended to read as follows:
(a) The Homeland Security Council is composed of the
governor or the governor's designee, the speaker of the house of
representatives or the speaker's designee, the lieutenant governor
or the lieutenant governor's designee, and one representative of
each of the following entities, appointed by the single statewide
elected or appointed governing officer, administrative head, or
chair, as appropriate, of the entity:
(1) Department of Agriculture;
(2) office of the attorney general;
(3) General Land Office;
(4) Public Utility Commission of Texas;
(5) Department of State Health Services;
(6) Department of Information Resources;
(7) Department of Public Safety of the State of Texas;
(8) Texas Division of Emergency Management [division
of emergency management of the office of the governor];
(9) adjutant general's department;
(10) Texas Commission on Environmental Quality;
(11) Railroad Commission of Texas;
(12) Texas Strategic Military Planning Commission;
(13) Texas Department of Transportation;
(14) Commission on State Emergency Communications;
(15) Office of State-Federal Relations;
(16) secretary of state;
(17) Senate Committee on Transportation and Homeland
Security;
(18) House Committee on Defense and Veterans' Affairs
[and State-Federal Relations];
(19) Texas Animal Health Commission;
(20) Texas Association of Regional Councils;
(21) Texas Commission on Law Enforcement Officer
Standards and Education;
(22) state fire marshal's office;
(23) Texas Education Agency;
(24) Texas Commission on Fire Protection;
(25) Parks and Wildlife Department;
(26) Texas Forest Service; and
(27) Texas Water Development Board.
SECTION 2B.07. Section 661.907(b), Government Code, is
amended to read as follows:
(b) The number of certified disaster service volunteers who
are eligible for leave under this section may not exceed 350 state
employees at any one time during a fiscal year. The Texas Division
of Emergency Management [division of emergency management in the
governor's office] shall coordinate the establishment and
maintenance of the list of eligible employees.
SECTION 2B.08. Section 661.919(b), Government Code, is
amended to read as follows:
(b) The number of amateur radio operators who are eligible
for leave under this section may not exceed 350 state employees at
any one time during a state fiscal year. The Texas Division of
Emergency Management [division of emergency management in the
governor's office] shall coordinate the establishment and
maintenance of the list of eligible employees.
SECTION 2B.09. Section 501.001(5), Labor Code, is amended
to read as follows:
(5) "Employee" means a person who is:
(A) in the service of the state pursuant to an
election, appointment, or express oral or written contract of hire;
(B) paid from state funds but whose duties
require that the person work and frequently receive supervision in
a political subdivision of the state;
(C) a peace officer employed by a political
subdivision, while the peace officer is exercising authority
granted under:
(i) Article 2.12, Code of Criminal
Procedure; or
(ii) Articles 14.03(d) and (g), Code of
Criminal Procedure;
(D) a member of the state military forces, as
defined by Section 431.001, Government Code, who is engaged in
authorized training or duty; or
(E) a Texas Task Force 1 member, as defined by
Section 88.301, Education Code, who is activated by the Texas
Division of Emergency Management [governor's division of emergency
management] or is injured during [any] training [session] sponsored
or sanctioned by Texas Task Force 1.
SECTION 2B.10. Sections 16.055(a) and (b), Water Code, are
amended to read as follows:
(a) The chief [coordinator] of the Texas Division of
Emergency Management [division of emergency management of the
office of the governor] is the state drought manager. The state
drought manager is responsible for managing and coordinating the
drought response component of the state water plan.
(b) The drought preparedness council is created and shall
meet as necessary to carry out the provisions of this section. The
council is composed of one representative from each of the
following entities, appointed by the administrative head of that
entity:
(1) the Texas Division of Emergency Management
[division of emergency management of the office of the governor];
(2) the board;
(3) the commission;
(4) the Parks and Wildlife Department;
(5) the Department of Agriculture;
(6) the Texas AgriLife [Agricultural] Extension
Service;
(7) the State Soil and Water Conservation Board;
(8) the Texas Department of Housing and Community
Affairs;
(9) the Texas Forest Service;
(10) the Texas Department of Transportation;
(11) the Texas Department of Economic Development; and
(12) a representative of groundwater management
interests who is appointed by the governor.
SECTION 2B.11. Section 1(3), Chapter 350 (S.B. 1101), Acts
of the 71st Legislature, Regular Session, 1989 (Article 6419c,
Vernon's Texas Civil Statutes), is amended to read as follows:
(3) "Division of emergency management" means the Texas
Division of Emergency Management [division of emergency management
of the office of the governor].
SECTION 2B.12. A reference in law or a rule to the
"governor's division of emergency management" or the "division of
emergency management in the office of the governor" means the Texas
Division of Emergency Management in the Department of Public Safety
of the State of Texas.
ARTICLE 3. ADMINISTRATIVE SUSPENSION OF DRIVER'S LICENSE
FOR INTOXICATION OFFENSES
SECTION 3.01. Section 524.039, Transportation Code, is
amended to read as follows:
Sec. 524.039. APPEARANCE OF TECHNICIANS AT HEARING. (a)
Not [Notwithstanding Section 524.038, if not] later than the fifth
day before the date of a scheduled hearing, [the department
receives from] the person who requested a hearing may apply to the
State Office of Administrative Hearings to issue a subpoena for the
attendance [written notice, including a facsimile transmission,
requesting the presence at the hearing] of the breath test operator
who took the specimen of the person's breath to determine alcohol
concentration or the certified breath test technical supervisor
responsible for maintaining and directing the operation of the
breath test instrument used to analyze the specimen of the person's
breath, or both[, each requested person must appear at the
hearing]. The State Office of Administrative Hearings shall issue
the subpoena only on a showing of good cause.
(b) The department may reschedule a hearing once not less
than 48 hours before the hearing if a [the] person subpoenaed
[requested to attend] under Subsection (a) is unavailable. The
department may also reschedule the hearing on showing good cause
that a [the] person subpoenaed [requested] under Subsection (a) is
not available at the time of the hearing.
SECTION 3.02. The changes in law made by this article by the
amendment of Section 524.039, Transportation Code, apply only to a
hearing conducted on or after September 1, 2009. A hearing
conducted before September 1, 2009, is covered by the law in effect
immediately before that date, and the former law is continued in
effect for that purpose.
SECTION 3.03. This article takes effect September 1, 2009.
ARTICLE 4. CHANGES TO PRIVATE SECURITY ACT
SECTION 4.01. Section 1702.002, Occupations Code, is
amended by amending Subdivisions (2), (3), (5), (11), (12), (13),
(17), (19), (20), and (21) and adding Subdivision (6-b) to read as
follows:
(2) "Branch office" means an office that is:
(A) identified to the public as a place from
which business is conducted, solicited, or advertised; and
(B) at a place other than the principal place of
business as shown in board [commission] records.
(3) "Branch office license" means a permit issued by
the board [commission] that entitles a person to operate at a branch
office as a security services contractor or investigations company.
(5) "Commissioned security officer" means a security
officer to whom a security officer commission has been issued by the
board [commission].
(6-b) "Endorsement" means a permit entitling an
individual holding a registration to perform a service regulated by
this chapter for an appropriately licensed company.
(11) "Letter of authority" means a permit issued by
the board [commission] that entitles the security department of a
private business or a political subdivision to employ a
commissioned security officer.
(12) "License" means a permit issued by the board
[commission] that entitles a person to operate as a security
services contractor or investigations company.
(13) "License holder" means a person to whom the board
[commission] issues a license.
(17) "Personal protection officer endorsement
[authorization]" means a permit issued by the board [commission]
that entitles an individual to act as a personal protection
officer.
(19) "Registrant" means an individual who has
registered with the board [commission] under Section 1702.221.
(20) "Registration" means a permit issued by the board
[commission] to an individual described by Section 1702.221.
(21) "Security officer commission" means an
authorization issued by the board [commission] that entitles a
security officer to carry a firearm.
SECTION 4.02. Section 1702.004, Occupations Code, is
amended to read as follows:
Sec. 1702.004. GENERAL SCOPE OF REGULATION. (a) The board,
in addition to performing duties required by other law or
exercising powers granted by other law:
(1) licenses investigations companies and security
services contractors;
(2) issues commissions to certain security officers;
(3) issues endorsements [authorizations] to certain
security officers engaged in the personal protection of
individuals;
(4) registers and endorses:
(A) certain individuals connected with a license
holder; and
(B) certain individuals employed in a field
connected to private investigation or private security; and
(5) regulates license holders, security officers,
[and] registrants, and endorsement holders under this chapter.
(b) The board shall adopt rules necessary to comply with
Chapter 53 [does not apply to this chapter or to any licensing,
regulatory, or disciplinary determinations made under this
chapter]. In its rules under this section, the board shall list the
specific offenses for each category of regulated persons for which
a conviction would constitute grounds for the board to take action
under Section 53.021.
SECTION 4.03. The heading to Subchapter B, Chapter 1702,
Occupations Code, is amended to read as follows:
SUBCHAPTER B. TEXAS [COMMISSION ON] PRIVATE SECURITY BOARD
SECTION 4.04. Section 1702.021, Occupations Code, is
amended to read as follows:
Sec. 1702.021. BOARD [COMMISSION] MEMBERSHIP. (a) The
Texas Private Security Board consists of seven members appointed by
the governor with the advice and consent of the senate as follows:
(1) four public members, each of whom is a citizen of
the United States;
(2) one member who is licensed under this chapter as a
private investigator;
(3) one member who is licensed under this chapter as an
alarm systems company; and
(4) one member who is licensed under this chapter as
the owner or operator of a guard company.
(b) Appointments to the board [commission] shall be made
without regard to the race, color, disability, sex, religion, age,
or national origin of the appointee.
[(c) On presentation by a commission member of the
constitutional oath taken by the member, together with the
certificate of appointment, the secretary of state shall issue a
commission to the member as evidence of the member's authority to
act as a commission member.]
SECTION 4.05. Section 1702.023, Occupations Code, is
amended to read as follows:
Sec. 1702.023. ELIGIBILITY OF PUBLIC MEMBERS. The board's
[commission's] public members must be representatives of the
general public. A person may not be a public member of the board
[commission] if the person or the person's spouse:
(1) is registered, commissioned, certified, or
licensed by a regulatory agency in the field of private
investigations or private security;
(2) is employed by or participates in the management
of a business entity or other organization regulated by or
receiving money from the board [commission];
(3) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by or receiving money from the board
[commission]; or
(4) uses or receives a substantial amount of tangible
goods, services, or money from the board [commission] other than
compensation or reimbursement authorized by law for board
[commission] membership, attendance, or expenses.
SECTION 4.06. Sections 1702.024(b) and (c), Occupations
Code, are amended to read as follows:
(b) A person may not be a board [commission] member, and may
not be a department [commission] employee whose primary duties
include private security regulation and who is employed in a "bona
fide executive, administrative, or professional capacity," as that
phrase is used for purposes of establishing an exemption to the
overtime provisions of the federal Fair Labor Standards Act of 1938
(29 U.S.C. Section 201 et seq.), and its subsequent amendments, if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of private
investigation or private security; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of private
investigation or private security.
(c) A person may not be a board [commission] member or act as
general counsel to the board [commission] or agency if the person is
required to register as a lobbyist under Chapter 305, Government
Code, because of the person's activities for compensation on behalf
of a profession related to the operation of the agency.
SECTION 4.07. Section 1702.027, Occupations Code, is
amended to read as follows:
Sec. 1702.027. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the board [commission] that a member:
(1) does not have the qualifications required by
Section 1702.021 at the time of taking office;
(2) does not maintain the qualifications required by
Section 1702.021 during service on the board [commission];
(3) is ineligible for membership under Section
1702.023 or 1702.024;
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(5) is absent from more than half of the regularly
scheduled board [commission] meetings that the member is eligible
to attend during a calendar year without an excuse approved by a
majority vote of the board [commission].
(b) The validity of an action of the board [commission] is
not affected by the fact that it is taken when a ground for removal
of a board [commission] member exists.
(c) If the chief administrator [director] has knowledge
that a potential ground for removal exists, the chief administrator
[director] shall notify the presiding officer of the board
[commission] of the potential ground. The presiding officer shall
then notify the governor and the attorney general that a potential
ground for removal exists. If the potential ground for removal
involves the presiding officer, the chief administrator [director]
shall notify the next highest ranking officer of the board
[commission], who shall then notify the governor and the attorney
general that a potential ground for removal exists.
SECTION 4.08. Section 1702.028, Occupations Code, is
amended to read as follows:
Sec. 1702.028. PER DIEM; REIMBURSEMENT. (a) A board
[commission] member is entitled to a per diem as set by legislative
appropriation for each day the member engages in the business of the
board [commission].
(b) A member is entitled to reimbursement for travel
[transportation] expenses incurred while conducting board
business, including expenses for transportation, meals, and
lodging, as prescribed by the General Appropriations Act. [A
member may not receive compensation for travel expenses, including
expenses for meals and lodging, other than transportation
expenses.]
SECTION 4.09. Section 1702.029, Occupations Code, is
amended to read as follows:
Sec. 1702.029. MEETINGS. The board [commission] shall meet
at regular intervals to be decided by the board [commission].
SECTION 4.10. Section 1702.030, Occupations Code, is
amended to read as follows:
Sec. 1702.030. TRAINING. (a) A person who is appointed to
and qualifies for office as a board [commission] member may not
vote, deliberate, or be counted as a member in attendance at a board
[commission] meeting until the person completes a training program
that complies with this section.
(b) The training program must provide the person with
information regarding:
(1) this chapter;
(2) the programs operated by the board [commission];
(3) the role and functions of the board [commission];
(4) the rules of the board [commission], with an
emphasis on the rules that relate to disciplinary and investigatory
authority;
(5) the current budget for the board [commission];
(6) the results of the most recent formal audit of the
board [commission];
(7) the requirements of:
(A) the open meetings law, Chapter 551,
Government Code;
(B) the public information law, Chapter 552,
Government Code;
(C) the administrative procedure law, Chapter
2001, Government Code; and
(D) other laws relating to public officials,
including conflict of interest laws; and
(8) any applicable ethics policies adopted by the
board [commission] or the Texas Ethics Commission.
(c) A person appointed to the board [commission] is entitled
to reimbursement, as provided by the General Appropriations Act,
for the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
SECTION 4.11. The heading to Subchapter C, Chapter 1702,
Occupations Code, is amended to read as follows:
SUBCHAPTER C. CHIEF ADMINISTRATOR [DIRECTOR] AND PERSONNEL
SECTION 4.12. Section 1702.041, Occupations Code, is
amended to read as follows:
Sec. 1702.041. CHIEF ADMINISTRATOR [DIRECTOR]. (a) The
[director is the] chief administrator is responsible for the
administration of this chapter under the direction of the board
[commission]. The chief administrator [director] shall perform
duties as prescribed by the board and the department [commission].
(b) The chief administrator [director] is a full-time
employee of the department [commission]. A board [commission]
member may not serve as chief administrator [director].
SECTION 4.13. Section 1702.042, Occupations Code, is
amended to read as follows:
Sec. 1702.042. PERSONNEL; CONFLICT OF INTEREST. An
employee of the department whose primary duties include private
security regulation [commission] may not:
(1) have a financial or business interest, contingent
or otherwise, in a security services contractor or investigations
company; or
(2) be licensed under this chapter.
SECTION 4.14. Section 1702.043, Occupations Code, is
amended to read as follows:
Sec. 1702.043. DIVISION OF RESPONSIBILITIES. The board
[commission] shall develop and implement policies that clearly
separate the policy-making responsibilities of the board
[commission] and the management responsibilities of the chief
administrator [director] and staff of the department [commission].
SECTION 4.15. Section 1702.044, Occupations Code, is
amended to read as follows:
Sec. 1702.044. QUALIFICATIONS AND STANDARDS OF CONDUCT
INFORMATION. The chief administrator [director] or the chief
administrator's [director's] designee shall provide to board
[commission] members and to agency employees, as often as
necessary, information regarding the requirements for office or
employment under this chapter, including information regarding a
person's responsibilities under applicable laws relating to
standards of conduct for state officers or employees.
SECTION 4.16. The heading to Subchapter D, Chapter 1702,
Occupations Code, is amended to read as follows:
SUBCHAPTER D. POWERS AND DUTIES OF BOARD [COMMISSION]
SECTION 4.17. Section 1702.061, Occupations Code, is
amended to read as follows:
Sec. 1702.061. GENERAL POWERS AND DUTIES OF BOARD
[COMMISSION]. (a) The board [Texas Commission on Private
Security] shall perform the functions and duties provided by this
chapter.
(b) The board [commission] shall adopt rules and general
policies to guide the agency in the administration of this chapter.
(c) The rules and policies adopted by the board [commission]
under Subsection (b) must be consistent with this chapter and other
board [commission] rules adopted under this chapter and with any
other applicable law, state rule, or federal regulation.
(d) The board [commission] has the powers and duties to:
(1) determine the qualifications of license holders,
registrants, endorsement holders, and commissioned security
officers;
(2) investigate alleged violations of this chapter and
of board [commission] rules;
(3) adopt rules necessary to implement this chapter;
and
(4) establish and enforce standards governing the
safety and conduct of each person licensed, registered, or
commissioned under this chapter.
(e) The board [commission] shall have a seal in the form
prescribed by the board [commission].
[(f) The commission may commission investigators who are
employed full-time by the commission as peace officers for the
limited purpose of assisting the commission in investigating
alleged violations of this chapter and of commission rules.]
SECTION 4.18. Subchapter D, Chapter 1702, Occupations Code,
is amended by adding Section 1702.0612 to read as follows:
Sec. 1702.0612. NEGOTIATED RULEMAKING AND ALTERNATIVE
DISPUTE RESOLUTION. (a) The board shall develop and implement a
policy to encourage the use of:
(1) negotiated rulemaking procedures under Chapter
2008, Government Code, for the adoption of board rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009, Government Code, to assist in the
resolution of internal and external disputes under the board's
jurisdiction.
(b) The board's procedures relating to alternative dispute
resolution must conform, to the extent possible, to any model
guidelines issued by the State Office of Administrative Hearings
for the use of alternative dispute resolution by state agencies.
(c) The board shall designate a trained person to:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) serve as a resource for any training needed to
implement the procedures for negotiated rulemaking or alternative
dispute resolution; and
(3) collect data concerning the effectiveness of those
procedures, as implemented by the board.
SECTION 4.19. Section 1702.062, Occupations Code, is
amended to read as follows:
Sec. 1702.062. FEES. (a) The board [commission] by rule
shall establish reasonable and necessary fees that produce
sufficient revenue to administer this chapter. The fees may not
produce unnecessary fund balances. [and may not exceed the
following amounts:
[Class A license$350 (original and renewal)
[Class B license$400 (original and renewal)
[Class C license$540 (original and renewal)
[Class D license$400 (original and renewal)
[Reinstate suspended license$150
[Assignment of license$150
[Change name of license$ 75
[Delinquency fee__
[Branch office certificate and renewal$300
[Registration fee for private investigator, manager, branch
office manager, locksmith, electronic access control device
installer, and alarm systems installer $ 30 (original and renewal)
[Registration fee for noncommissioned security officer$ 30
(original and renewal)
[Registration fee for security salesperson$ 30
[Registration fee for alarm systems monitor$ 30
[Registration fee for dog trainer$ 30
[Registration fee for owner, officer, partner, or
shareholder of a license holder $ 50
[Registration fee for security consultant$300
[Registration fee for employee of license holder$ 30
[Security officer commission fee$ 50
(original and renewal)
[School instructor fee$100
(original and renewal)
[School approval fee$350
(original and renewal)
[Letter of authority fee for private business and political
subdivision $400
[Letter of authority renewal fee for private business and
political subdivision $225
[Letter of authority fee for commissioned officer,
noncommissioned officer, or personal protection officer for
political subdivision $ 10
[FBI fingerprint check$ 25
[Duplicate pocket card$ 10
[Employee information update fee$ 15
[Burglar alarm sellers renewal fee$ 30
[Personal protection officer authorization$ 50]
(b) The board [In addition to other fees established under
this chapter, the commission] may charge a fee each time the board
[commission] requires a person regulated under this chapter to
resubmit a set of fingerprints for processing by the board
[commission] during the application process for a license,
registration, endorsement, or commission. The board [commission]
shall set the fee in an amount that is reasonable and necessary to
cover the [commission's] administrative expenses related to
processing the fingerprints.
(c) A person whose pocket card has not expired is not
eligible to receive from the board [commission] another pocket card
in the same classification in which the pocket card is held.
SECTION 4.20. The heading to Section 1702.063, Occupations
Code, is amended to read as follows:
Sec. 1702.063. BOARD [COMMISSION] USE OF FINES.
SECTION 4.21. Section 1702.0635, Occupations Code, is
amended to read as follows:
Sec. 1702.0635. RESTRICTIONS ON CERTAIN RULES. The board
[commission] may not adopt rules or establish unduly restrictive
experience or education requirements that limit a person's ability
to be licensed as an electronic access control device company or be
registered as an electronic access control device installer.
SECTION 4.22. Section 1702.064, Occupations Code, is
amended to read as follows:
Sec. 1702.064. RULES RESTRICTING ADVERTISING OR
COMPETITIVE BIDDING. (a) The board [commission] may not adopt
rules restricting advertising or competitive bidding by a person
regulated by the board [commission] except to prohibit false,
misleading, or deceptive practices by the person.
(b) The board [commission] may not include in its rules to
prohibit false, misleading, or deceptive practices by a person
regulated by the board [commission] a rule that:
(1) restricts the person's use of any medium for
advertising;
(2) restricts the person's personal appearance or use
of the person's personal voice in an advertisement;
(3) relates to the size or duration of an
advertisement by the person; or
(4) restricts the person's advertisement under a trade
name.
SECTION 4.23. Section 1702.0645, Occupations Code, is
amended to read as follows:
Sec. 1702.0645. PAYMENT OF FEES AND FINES. (a) The board
[commission] may adopt rules regarding the method of payment of a
fee or a fine assessed under this chapter.
(b) Rules adopted under this section may:
(1) authorize the use of electronic funds transfer or
a valid credit card issued by a financial institution chartered by a
state or the federal government or by a nationally recognized
credit organization approved by the board [commission]; and
(2) require the payment of a discount or a reasonable
service charge for a credit card payment in addition to the fee or
the fine.
SECTION 4.24. Section 1702.066, Occupations Code, is
amended to read as follows:
Sec. 1702.066. SERVICE OF PROCESS; SERVICE OF DOCUMENTS ON
BOARD [COMMISSION]. Legal process and documents required by law to
be served on or filed with the board [commission] must be served on
or filed with the chief administrator [director] at the designated
office of the board [commission].
SECTION 4.25. Section 1702.067, Occupations Code, is
amended to read as follows:
Sec. 1702.067. BOARD [COMMISSION] RECORDS; EVIDENCE. An
official record of the board [commission] or an affidavit by the
chief administrator [director] as to the content of the record is
prima facie evidence of a matter required to be kept by the board
[commission].
SECTION 4.26. Section 1702.068, Occupations Code, is
amended to read as follows:
Sec. 1702.068. APPEAL BOND NOT REQUIRED. The board
[commission] is not required to give an appeal bond in any cause
arising under this chapter.
SECTION 4.27. Section 1702.081, Occupations Code, is
amended to read as follows:
Sec. 1702.081. PUBLIC INTEREST INFORMATION. (a) The board
[commission] shall prepare information of interest to consumers or
recipients of services regulated under this chapter describing the
board's [commission's] regulatory functions and the procedures by
which complaints are filed with and resolved by the board
[commission].
(b) The board [commission] shall make the information
available to the public and appropriate state agencies.
SECTION 4.28. Sections 1702.082(a), (b), (c), and (d),
Occupations Code, are amended to read as follows:
(a) The board [commission by rule shall establish methods by
which consumers and service recipients are notified of the name,
mailing address, and telephone number of the commission for the
purpose of directing complaints to the commission. The commission
may provide for that notice:
[(1) on each registration form, application, or
written contract for services of a person regulated under this
chapter;
[(2) on a sign prominently displayed in the place of
business of each person regulated under this chapter; or
[(3) in a bill for services provided by a person
regulated under this chapter.
[(b) The commission] shall maintain a system to promptly and
efficiently act on complaints [file on each written complaint]
filed with the board [commission]. The board shall maintain
information about parties to the complaint, [file must include:
[(1) the name of the person who filed the complaint;
[(2) the date the complaint is received by the
commission;
[(3)] the subject matter of the complaint, [;
[(4) the name of each person contacted in relation to
the complaint;
[(5)] a summary of the results of the review or
investigation of the complaint, [;] and its disposition
[(6) an explanation of the reason the file was closed,
if the agency closed the file without taking action other than to
investigate the complaint].
(b) [(c)] The board [commission] shall make information
available describing its [provide to the person filing the
complaint a copy of the commission's policies and] procedures for
[relating to] complaint investigation and resolution.
(c) The board shall periodically notify the complaint
parties of the status of the complaint until final disposition.
[(d) Unless it would jeopardize an undercover investigation, the
commission shall provide to each person who is a subject of the
complaint a copy of the commission's policies and procedures
relating to complaint investigation and resolution.]
SECTION 4.29. Section 1702.083, Occupations Code, is
amended to read as follows:
Sec. 1702.083. PUBLIC PARTICIPATION. The board
[commission] shall develop and implement policies that provide the
public with a reasonable opportunity to appear before the board
[commission] and to speak on any issue under the board's
[commission's] jurisdiction.
SECTION 4.30. Section 1702.084, Occupations Code, is
amended to read as follows:
Sec. 1702.084. PUBLIC ACCESS TO CERTAIN RECORDS OF
DISCIPLINARY ACTIONS. (a) The board [commission] shall make
available to the public through a toll-free telephone number,
Internet website, or other easily accessible medium determined by
the board [commission] the following information relating to a
disciplinary action taken during the preceding three years
regarding a person regulated by the board [commission]:
(1) the identity of the person;
(2) the nature of the complaint that was the basis of
the disciplinary action taken against the person; and
(3) the disciplinary action taken by the board
[commission].
(b) In providing the information, the board [commission]
shall present the information in an impartial manner, use language
that is commonly understood, and, if possible, avoid jargon
specific to the security industry.
(c) The board [commission] shall update the information on a
monthly basis.
(d) The board [commission] shall maintain the
confidentiality of information regarding the identification of a
complainant.
SECTION 4.31. Section 1702.103, Occupations Code, is
amended to read as follows:
Sec. 1702.103. CLASSIFICATION AND LIMITATION OF LICENSES.
(a) The license classifications are:
(1) Class A: investigations company license, covering
operations of an investigations company;
(2) Class B: security services contractor license,
covering operations of a security services contractor;
(3) Class C: covering the operations included within
Class A and Class B; [and]
(4) Class F: level III training school license;
(5) Class O: alarm level I training school license;
(6) Class P: private business letter of authority
license;
(7) Class X: government letter of authority license;
and
(8) Class T: telematics license [Class D: electronic
access control device license, covering operations of an electronic
access control device company].
(b) A [Class A, B, C, or D] license described by this chapter
does not authorize the license holder to perform a service for which
the license holder has not qualified. A person may not engage in an
operation outside the scope of that person's license. The board
[commission] shall indicate on the license the services the license
holder is authorized to perform. The license holder may not perform
a service unless it is indicated on the license.
(c) A license is not assignable unless the assignment is
approved in advance by the board [commission].
(d) The board [commission] shall prescribe by rule the
procedure under which a license may be terminated.
(e) The board by rule may establish other license
classifications for activities expressly regulated by this chapter
and may establish qualifications and practice requirements
consistent with this chapter for those license classifications.
SECTION 4.32. Section 1702.104, Occupations Code, is
amended to read as follows:
Sec. 1702.104. INVESTIGATIONS COMPANY. (a) A person acts
as an investigations company for the purposes of this chapter if the
person:
(1) engages in the business of obtaining or
furnishing, or accepts employment to obtain or furnish, information
related to:
(A) crime or wrongs done or threatened against a
person, state, or the United States;
(B) the identity, habits, business, occupation,
knowledge, efficiency, loyalty, movement, location, affiliations,
associations, transactions, acts, reputation, or character of a
person;
(C) the location, disposition, or recovery of
lost or stolen property; or
(D) the cause or responsibility for a fire,
libel, loss, accident, damage, or injury to a person or to property;
(2) engages in the business of securing, or accepts
employment to secure, evidence for use before a court, board,
officer, or investigating committee;
(3) engages in the business of securing, or accepts
employment to secure, the electronic tracking of the location of an
individual or motor vehicle other than for criminal justice
purposes by or on behalf of a governmental entity; or
(4) engages in the business of protecting, or accepts
employment to protect, an individual from bodily harm through the
use of a personal protection officer.
(b) For purposes of Subsection (a)(1), obtaining or
furnishing information includes information obtained or furnished
through the review and analysis of, and the investigation into the
content of, computer-based data not available to the public. The
repair or maintenance of a computer does not constitute an
investigation for purposes of this section and does not require
licensing under this chapter if:
(1) the review or analysis of computer-based data is
performed only to diagnose a computer or software problem;
(2) there is no intent to obtain or furnish
information described by Subsection (a)(1); and
(3) the discovery of any information described by
Subsection (a)(1) is inadvertent.
SECTION 4.33. Section 1702.111, Occupations Code, is
amended to read as follows:
Sec. 1702.111. ISSUANCE OF BRANCH OFFICE LICENSE. (a) A
license holder, in accordance with Section 1702.129, shall notify
the board [commission] in writing of the establishment of a branch
office and file in writing with the board [commission] the address
of the branch office.
(b) On application by a license holder, the board
[commission] shall issue a branch office license.
SECTION 4.34. Sections 1702.113(a) and (c), Occupations
Code, are amended to read as follows:
(a) An applicant for a license, certificate of
registration, endorsement, or security officer commission or the
applicant's manager must be at least 18 years of age and must not:
(1) [have been convicted in any jurisdiction of two or
more felony offenses, unless full pardons have been granted for all
convictions for reasons relating to wrongful convictions;
[(2) have been convicted in any jurisdiction of any of
the following:
[(A) a single felony or equivalent offense for
which the 20th anniversary of the date of conviction has not
occurred before the date of application, unless a full pardon has
been granted for reasons relating to a wrongful conviction; or
[(B) a Class A misdemeanor or equivalent offense
for which the 10th anniversary of the date of conviction has not
occurred before the date of application, unless a full pardon has
been granted for reasons relating to a wrongful conviction;
[(3)] at the time of application be charged with the
commission of a Class A misdemeanor or felony offense, under an
information or indictment;
[(4) in the 10 years preceding the date of
application, have been adjudicated as having engaged in delinquent
conduct violating a penal law of the grade of felony;]
(2) [(5)] have been found by a court to be incompetent
by reason of a mental defect or disease and not have been restored
to competency;
(3) [(6)] have been dishonorably discharged from the
United States armed services, discharged from the United States
armed services under other conditions determined by the board to be
prohibitive, or dismissed from the United States armed services if
a commissioned officer in the United States armed services; or
(4) [(7)] be required to register in this or any other
state as a sex offender, unless the applicant is approved by the
board under Section 1702.3615.
(c) For purposes of this section, an offense under the laws
of this state, another state, or the United States is considered[:
[(1) a felony if the offense:
[(A) at the time of conviction was designated by
a law of this state as a felony, including a state jail felony;
[(B) contains all the elements of an offense
designated by a law of this state as a felony, including a state
jail felony; or
[(C) is punishable by confinement for one year or
more in a penitentiary;
[(2) a Class A misdemeanor if the offense is not a
felony and the offense:
[(A) at the time of conviction was designated by
a law of this state as a Class A misdemeanor;
[(B) contains all the elements of an offense
designated by a law of this state as a Class A misdemeanor; or
[(C) provides as a possible punishment
confinement in a jail other than a state jail felony facility; or
[(3)] a Class B misdemeanor if the offense is not a
felony or Class A misdemeanor and the offense:
(1) [(A)] at the time of conviction was designated by
a law of this state as a Class B misdemeanor;
(2) [(B)] contains all the elements of an offense
designated by a law of this state as a Class B misdemeanor; or
(3) [(C)] provides as a possible punishment
confinement in a jail other than a state jail felony facility.
SECTION 4.35. Section 1702.114, Occupations Code, is
amended to read as follows:
Sec. 1702.114. ADDITIONAL QUALIFICATIONS FOR
INVESTIGATIONS COMPANY LICENSE. (a) An applicant for a license to
engage in the business of an investigations company or the
applicant's manager must have, before the date of the application,
three consecutive years' experience in the investigative field as
an employee, manager, or owner of an investigations company or
satisfy other requirements set by the board [commission].
(b) The applicant's experience must be:
(1) reviewed by the board [commission] or the chief
administrator [director]; and
(2) determined to be adequate to qualify the applicant
to engage in the business of an investigations company.
SECTION 4.36. Section 1702.115, Occupations Code, is
amended to read as follows:
Sec. 1702.115. ADDITIONAL QUALIFICATIONS FOR SECURITY
SERVICES CONTRACTOR LICENSE. (a) An applicant for a license to
engage in the business of a security services contractor or the
applicant's manager must have, before the date of the application,
two consecutive years' experience in each security services field
for which the person applies as an employee, manager, or owner of a
security services contractor or satisfy other requirements set by
the board [commission].
(b) The applicant's experience must have been obtained
legally and must be:
(1) reviewed by the board [commission] or the chief
administrator [director]; and
(2) determined to be adequate to qualify the applicant
to engage in the business of a security services contractor.
SECTION 4.37. Section 1702.116, Occupations Code, is
amended to read as follows:
Sec. 1702.116. QUALIFICATIONS FOR GUARD DOG COMPANY
LICENSE; INSPECTIONS. (a) An applicant for a license to engage in
the business of a guard dog company must:
(1) meet the requirements of Sections 1702.113 and
1702.115; and
(2) present evidence satisfactory to the board
[commission] that the applicant will comply with the rules adopted
under this section.
(b) After consulting the [Texas] Department of State Health
Services, the board [commission] shall adopt rules to ensure that
the areas in which a guard dog company houses, exercises, or trains
its animals are securely enclosed by a six-foot chain-link fence or
made equally secure.
(c) The board [commission] shall conduct regular
inspections to ensure compliance with the rules adopted under this
section.
SECTION 4.38. Sections 1702.117(a), (c), and (d),
Occupations Code, are amended to read as follows:
(a) The board [commission] shall require an applicant for a
license under this chapter or the applicant's manager to
demonstrate qualifications in the person's license classification,
including knowledge of applicable state laws and board [commission]
rules, by taking an examination to be determined by the board
[commission].
(c) The board [commission] shall set the reexamination fee
in an amount not to exceed the amount of the renewal fee for the
license classification for which application was made.
(d) The board [commission] shall develop and provide to a
person who applies to take the examination under Subsection (a)
material containing all applicable state laws and board
[commission] rules.
SECTION 4.39. Section 1702.118, Occupations Code, is
amended to read as follows:
Sec. 1702.118. EXAMINATION RESULTS. (a) Not later than the
30th day after the date a person takes a licensing examination under
this chapter, the board [commission] shall notify the person of the
examination results.
(b) If an examination is graded or reviewed by a testing
service:
(1) the board [commission] shall notify the person of
the examination results not later than the 14th day after the date
the board [commission] receives the results from the testing
service; and
(2) if notice of the examination results will be
delayed for longer than 90 days after the examination date, the
board [commission] shall notify the person of the reason for the
delay before the 90th day.
(c) The board [commission] may require a testing service to
notify a person of the results of the person's examination.
(d) If requested in writing by a person who fails a
licensing examination administered under this chapter, the board
[commission] shall furnish the person with an analysis of the
person's performance on the examination.
SECTION 4.40. Section 1702.1183, Occupations Code, is
amended to read as follows:
Sec. 1702.1183. RECIPROCAL LICENSE FOR CERTAIN FOREIGN
APPLICANTS. (a) The board [commission] may waive any prerequisite
to obtaining a license for an applicant who holds a license issued
by another jurisdiction with which this state has a reciprocity
agreement.
(b) The board [commission] may make an agreement, subject to
the approval of the governor, with another state to allow for
licensing by reciprocity.
SECTION 4.41. Section 1702.1186, Occupations Code, is
amended to read as follows:
Sec. 1702.1186. PROVISIONAL LICENSE. (a) The board
[commission] may issue a provisional license to an applicant
currently licensed in another jurisdiction who seeks an equivalent
license in this state and who:
(1) has been licensed in good standing as an
investigations company or security services contractor for at least
two years in another jurisdiction, including a foreign country,
that has licensing requirements substantially equivalent to the
requirements of this chapter;
(2) has passed a national or other examination
recognized by the board [commission] relating to the practice of
private investigations or security services contracting; and
(3) is sponsored by a person licensed by the board
[commission] under this chapter with whom the provisional license
holder will practice during the time the person holds a provisional
license.
(b) A provisional license is valid until the date the board
[commission] approves or denies the provisional license holder's
application for a license. The board [commission] shall issue a
license under this chapter to the provisional license holder if:
(1) the provisional license holder is eligible to be
licensed under Section 1702.1183; or
(2) the provisional license holder:
(A) passes the part of the examination under
Section 1702.117(a) that relates to the applicant's knowledge and
understanding of the laws and rules relating to the practice of an
investigations company or security services contractor in this
state;
(B) is verified by the board [commission] as
meeting the academic and experience requirements for a license
under this chapter; and
(C) satisfies any other licensing requirements
under this chapter.
(c) The board [commission] must approve or deny a
provisional license holder's application for a license not later
than the 180th day after the date the provisional license is issued.
The board [commission] may extend the 180-day period if the results
of an examination have not been received by the board [commission]
before the end of that period.
(d) The board [commission] may establish a fee for
provisional licenses in an amount reasonable and necessary to cover
the cost of issuing the license.
SECTION 4.42. Section 1702.120(b), Occupations Code, is
amended to read as follows:
(b) An individual may not apply to the board [commission] to
serve as manager of an investigations company, guard company, alarm
systems company, armored car company, courier company, or guard dog
company without the intent to maintain that supervisory position on
a daily basis for that company.
SECTION 4.43. Section 1702.122, Occupations Code, is
amended to read as follows:
Sec. 1702.122. TEMPORARY CONTINUATION OF LICENSE HOLDER'S
BUSINESS. Under the terms provided by board [commission] rule, a
license holder's business may continue for a temporary period if
the individual on the basis of whose qualifications a license under
this chapter has been obtained ceases to be connected with the
license holder.
SECTION 4.44. Section 1702.123, Occupations Code, is
amended to read as follows:
Sec. 1702.123. INSURANCE; BOND. (a) A license holder shall
maintain on file with the board [commission] at all times the surety
bond and certificate of insurance required by this chapter.
(b) The board [commission] shall immediately suspend the
license of a license holder who violates Subsection (a).
(c) The board [commission] may rescind the license
suspension if the license holder provides proof to the board
[commission] that the bond or the insurance coverage is still in
effect. The license holder must provide the proof in a form
satisfactory to the board [commission] not later than the 10th day
after the date the license is suspended.
(d) After suspension of the license, the board [commission]
may not reinstate the license until an application, in the form
prescribed by the board [commission], is filed accompanied by a
proper bond, insurance certificate, or both. The board
[commission] may deny the application notwithstanding the
applicant's compliance with this section:
(1) for a reason that would justify suspending,
revoking, or denying a license; or
(2) if, during the suspension, the applicant performs
a practice for which a license is required.
SECTION 4.45. Section 1702.125, Occupations Code, is
amended to read as follows:
Sec. 1702.125. BOND REQUIREMENT. A bond executed and filed
with the board [commission] under this chapter remains in effect
until the surety terminates future liability by providing to the
board [commission] at least 30 days' notice of the intent to
terminate liability.
SECTION 4.46. Section 1702.129, Occupations Code, is
amended to read as follows:
Sec. 1702.129. NOTICE OF CERTAIN CHANGES; BRANCH OFFICES.
(a) A license holder shall notify the board [commission] not later
than the 14th day after the date of:
(1) a change of address for the license holder's
principal place of business;
(2) a change of a name under which the license holder
does business; or
(3) a change in the license holder's officers or
partners.
(b) A license holder shall notify the board [commission] in
writing not later than the 14th day after the date a branch office:
(1) is established;
(2) is closed; or
(3) changes address or location.
SECTION 4.47. Section 1702.131, Occupations Code, is
amended to read as follows:
Sec. 1702.131. ADVERTISING. An advertisement by a license
holder soliciting or advertising business must contain the license
holder's company name and address as stated in board [commission]
records.
SECTION 4.48. Section 1702.161(b), Occupations Code, is
amended to read as follows:
(b) An individual employed as a security officer may not
knowingly carry a firearm during the course of performing duties as
a security officer unless the board [commission] has issued a
security officer commission to the individual.
SECTION 4.49. Section 1702.162, Occupations Code, is
amended to read as follows:
Sec. 1702.162. EMPLOYER'S APPLICATION FOR SECURITY OFFICER
COMMISSION. The employer of a security officer who applies for a
security officer commission for the officer must submit an
application to the board [commission] on a form provided by the
board [commission].
SECTION 4.50. Section 1702.165, Occupations Code, is
amended to read as follows:
Sec. 1702.165. ISSUANCE OF SECURITY OFFICER COMMISSION;
POCKET CARD. (a) The board [commission], with the concurrence of
the department [Texas Department of Public Safety]:
(1) may issue a security officer commission to an
individual employed as a uniformed security officer; and
(2) shall issue a security officer commission to a
qualified employee of an armored car company that is a carrier
conducting the armored car business under a federal or state permit
or certificate.
(b) A security officer commission issued under this section
must be in the form of a pocket card designed by the board
[commission] that identifies the security officer.
SECTION 4.51. Section 1702.167, Occupations Code, is
amended to read as follows:
Sec. 1702.167. TERMINATION OF EMPLOYMENT AS COMMISSIONED
SECURITY OFFICER; TRANSFER OF COMMISSION. The holder of a security
officer commission who terminates employment with one employer may
transfer the individual's commission to a new employer if, not
later than the 14th day after the date the individual begins the new
employment, the new employer notifies the board [commission] of the
transfer of employment on a form prescribed by the board
[commission], accompanied by payment of the employee information
update fee.
SECTION 4.52. Sections 1702.1675(a), (b), (c), (d), (e),
(f), and (i), Occupations Code, are amended to read as follows:
(a) The board [commission] shall establish a basic training
course for commissioned security officers. The course must
include, at a minimum:
(1) general security officer training issues;
(2) classroom instruction on handgun proficiency; and
(3) range instruction on handgun proficiency.
(b) The course must be offered and taught by schools and
instructors approved by the board [commission]. To receive board
[commission] approval, a school or an instructor must submit an
application to the board [commission] on a form provided by the
board [commission].
(c) The basic training course approved by the board
[commission] must consist of a minimum of 30 hours.
(d) The general security officer training portion of the
course must include instruction on:
(1) board [commission] rules and applicable state
laws;
(2) field note taking and report writing; and
(3) any other topics of security officer training
curriculum the board [commission] considers necessary.
(e) The board [commission] shall develop a commissioned
security officer training manual that contains applicable state
laws and board [commission] rules to be used in the instruction and
training of commissioned security officers.
(f) The board [commission] shall adopt rules necessary to
administer the provisions of this section concerning the training
requirements of this chapter.
(i) The board [commission] by rule shall establish minimum
standards for handgun proficiency that are at least as stringent as
the standards for handgun proficiency developed by the public
safety director under Section 411.188, Government Code.
SECTION 4.53. Section 1702.168, Occupations Code, is
amended to read as follows:
Sec. 1702.168. FIREARM REQUIREMENTS. (a) In addition to
the requirements of Section 1702.163(a), the board [commission] by
rule shall establish other qualifications for individuals who are
employed in positions requiring the carrying of firearms. The
qualifications may include:
(1) physical and mental standards;
(2) standards of good moral character; and
(3) other requirements that relate to the competency
and reliability of individuals to carry firearms.
(b) The board [commission] shall prescribe appropriate
forms and adopt rules by which evidence is presented that the
requirements are fulfilled.
SECTION 4.54. Sections 1702.1685(b) and (d), Occupations
Code, are amended to read as follows:
(b) Only a board-approved [commission-approved] instructor
may administer the handgun proficiency examination.
(d) The school shall maintain the records of the required
proficiency and make the records available for inspection by the
board [commission].
SECTION 4.55. Section 1702.171, Occupations Code, is
amended to read as follows:
Sec. 1702.171. SECURITY OFFICER COMMISSION RECORDS. The
board [commission] shall adopt rules for the maintenance of records
relating to an individual to whom the board [commission] has issued
a security officer commission.
SECTION 4.56. Section 1702.183, Occupations Code, is
amended to read as follows:
Sec. 1702.183. APPLICATION FOR LETTER OF AUTHORITY. A
security department of a private business or of a political
subdivision that applies for a security officer commission for an
individual employed by the security department must submit an
application to the board [commission] for a letter of authority on a
form provided by the board [commission].
SECTION 4.57. The heading to Subchapter I, Chapter 1702,
Occupations Code, is amended to read as follows:
SUBCHAPTER I. PERSONAL PROTECTION OFFICER ENDORSEMENT
[AUTHORIZATION] REQUIREMENTS
SECTION 4.58. Section 1702.203, Occupations Code, is
amended to read as follows:
Sec. 1702.203. APPLICATION FOR PERSONAL PROTECTION OFFICER
ENDORSEMENT [AUTHORIZATION]. An applicant for a personal
protection officer endorsement [authorization] must submit a
written application on a form prescribed by the board [commission].
SECTION 4.59. Section 1702.204, Occupations Code, is
amended to read as follows:
Sec. 1702.204. PERSONAL PROTECTION OFFICER ENDORSEMENT
[AUTHORIZATION]; QUALIFICATIONS. (a) An applicant for a personal
protection officer endorsement [authorization] must be at least 21
years of age and must provide:
(1) a certificate of completion of the basic security
officer training course;
(2) proof that the applicant:
(A) has been issued a security officer
commission;
(B) is employed at the time of application by an
investigations company or guard company licensed by the board
[commission]; and
(C) has completed the required training in
nonlethal self-defense or defense of a third person; and
(3) proof of completion and the results of the
Minnesota Multiphasic Personality Inventory psychological testing.
(b) The board [commission] by rule shall require an
applicant for a personal protection officer endorsement
[authorization] to complete the Minnesota Multiphasic Personality
Inventory test. The board [commission] may use the results of the
test to evaluate the applicant's psychological fitness.
SECTION 4.60. Section 1702.205(a), Occupations Code, is
amended to read as follows:
(a) The board [commission] shall establish a 15-hour course
for a personal protection officer consisting of training in
nonlethal self-defense or defense of a third person.
SECTION 4.61. Section 1702.221, Occupations Code, is
amended to read as follows:
Sec. 1702.221. REGISTRATION AND ENDORSEMENT REQUIRED. (a)
To perform any activity regulated by this chapter, the individual
must:
(1) register in accordance with the requirements of
this chapter and related administrative rules;
(2) obtain the proper endorsement under Subsection
(b); and
(3) be employed by a company licensed under this
chapter.
(b) An individual must obtain the appropriate endorsement
[register] in accordance with the requirements of this chapter and
related administrative rules if the individual:
(1) is employed as:
(A) an alarm instructor;
(B) an alarm systems installer;
(C) an [,] alarm systems monitor;
(D) an [,] electronic access control device
installer;
(E) a level 3 classroom or firearm instructor;
(F) a [,] locksmith;
(G) a [,] dog trainer;
(H) a [,] manager or branch office manager;
(I) a [,] noncommissioned security officer;
(J) a level 4 personal protection instructor;
(K) a [,] private investigator;
(L) a [,] private security consultant;
(M) a [, or] security salesperson; or
(N) an individual whose duties include
performing another activity for which an endorsement is required
under Subsection (e); or
(2) is an owner who oversees the security-related
aspects of the business, officer, partner, or shareholder of a
license holder.
(c) [(b)] Registration and endorsement under this chapter
does not preclude an individual from performing additional duties
or services authorized by the individual's employer that are not
regulated by this chapter. An individual who performs more than one
of the services that require an endorsement under this section must
obtain an endorsement for each service.
(d) In addition to the services listed in Subsection (b), a
person holding a security officer commission must also obtain an
endorsement for personal protection if the individual performs the
services described by Section 1702.202.
(e) The board by rule may require a person to hold an
endorsement for performing other activity expressly regulated by
this chapter.
SECTION 4.62. Section 1702.2226(b), Occupations Code, is
amended to read as follows:
(b) A person registered as an electronic access control
device installer may not install alarm systems unless the person
holds an endorsement [is registered] under this chapter as an alarm
systems installer.
SECTION 4.63. The heading to Subchapter J, Chapter 1702,
Occupations Code, is amended to read as follows:
SUBCHAPTER J. REGISTRATION AND ENDORSEMENT REQUIREMENTS;
[REGISTRANT] DUTIES OF REGISTRANT AND ENDORSEMENT HOLDER
SECTION 4.64. Section 1702.228, Occupations Code, is
amended to read as follows:
Sec. 1702.228. EMPLOYEE OF LICENSE HOLDER; REGISTRATION
PERMITTED. An employee of a license holder who is employed in a
capacity that is not subject to mandatory registration under this
subchapter may register with the board [commission].
SECTION 4.65. The heading to Section 1702.230, Occupations
Code, is amended to read as follows:
Sec. 1702.230. APPLICATION FOR REGISTRATION OR
ENDORSEMENT.
SECTION 4.66. Section 1702.230(a), Occupations Code, is
amended to read as follows:
(a) An application for registration or endorsement must be
verified and include:
(1) the applicant's full name, residence address,
residence telephone number, date and place of birth, and social
security number;
(2) a statement that:
(A) lists each name used by the applicant, other
than the name by which the applicant is known at the time of
application, and an explanation stating each place where each name
was used, the date of each use, and a full explanation of the
reasons the name was used; or
(B) states that the applicant has never used a
name other than the name by which the applicant is known at the time
of application;
(3) the name and address of the applicant's employer
and, if applicable, the applicant's consulting firm;
(4) the date the employment commenced;
(5) a letter from the license holder requesting that
the applicant be registered or endorsed;
(6) the title of the position occupied by the
applicant and a description of the applicant's duties; and
(7) any other information, evidence, statement, or
document required by the board [commission].
SECTION 4.67. Section 1702.2305, Occupations Code, is
amended to read as follows:
Sec. 1702.2305. PROVISIONAL REGISTRATION. (a) The board
[commission] may issue a provisional registration to an applicant
currently registered in another jurisdiction who seeks an
equivalent registration in this state and who:
(1) has been registered in good standing in the field
in which the registration is sought for at least two years in
another jurisdiction, including a foreign country, that has
registration requirements substantially equivalent to the
requirements of this chapter;
(2) has passed a national or other examination
recognized by the board [commission] relating to practice in the
field in which the registration is sought; and
(3) is employed by a person licensed by the board
[commission] under this chapter with whom the provisional
registration holder will practice during the time the person holds
a provisional registration.
(b) A provisional registration is valid until the date the
board [commission] approves or denies the provisional registration
holder's application for a registration. The board [commission]
shall issue a registration under this chapter to the provisional
registration holder if the provisional registration holder is
eligible to be registered under this chapter.
(c) The board [commission] must approve or deny a
provisional registration holder's application for a registration
not later than the 180th day after the date the provisional
registration is issued. The board [commission] may extend the
180-day period if the results of an examination have not been
received by the board [commission] before the end of that period.
(d) The board [commission] may establish a fee for
provisional registration in an amount reasonable and necessary to
cover the cost of issuing the registration.
SECTION 4.68. Section 1702.232, Occupations Code, is
amended to read as follows:
Sec. 1702.232. POCKET CARDS. (a) The board [commission]
shall issue a pocket card for each registrant under this chapter. A
pocket card for an owner, officer, partner, or shareholder of a
license holder shall be issued to the license holder.
(b) The board [commission] shall determine the size,
design, and content of the pocket card.
(c) The pocket card must:
(1) state the name of the registrant;
(2) contain a color photograph, affixed to the pocket
card by the board at the time the card is issued, and the signature
of the registrant; [and]
(3) state the date the card was issued and the card's
expiration date; and
(4) state each endorsement held by the registrant and
the date the endorsement expires.
SECTION 4.69. Section 1702.234, Occupations Code, is
amended to read as follows:
Sec. 1702.234. REGISTRATION AND ENDORSEMENT TRANSFER. A
registrant may transfer the registrant's registration and
endorsements from one employer to another employer if, not later
than the 14th day after the date the registrant begins the new
employment, the new employer notifies the board [commission] of the
transfer of employment on a form prescribed by the board
[commission] accompanied by payment of the employee information
update fee.
SECTION 4.70. Section 1702.235, Occupations Code, is
amended to read as follows:
Sec. 1702.235. PREEMPLOYMENT CHECK FOR NONCOMMISSIONED
SECURITY OFFICERS. A person may not hire a noncommissioned
security officer unless the person conducts a preemployment check
as required by board [commission] rule.
SECTION 4.71. Section 1702.236, Occupations Code, is
amended to read as follows:
Sec. 1702.236. EXAMINATION AND TRAINING REQUIREMENTS FOR
ELECTRONIC ACCESS CONTROL DEVICE INSTALLERS. (a) The board
[commission] shall require an individual who applies for an
endorsement [registration] as an electronic access control device
installer to pass an examination given by the board [commission] or
a person approved by the board [commission]. The examination must
cover material related to access control.
(b) [(c)] On and after September 1, 2005, the board
[commission] by rule may allow an electronic access control device
installer to obtain or renew an endorsement [a certificate of
registration] by fulfilling the requirements of a board-approved
[commission-approved], industry-based educational training
program.
SECTION 4.72. Sections 1702.239(a), (b), and (d),
Occupations Code, are amended to read as follows:
(a) The board [commission] may require that an individual
employed as an alarm systems installer or security salesperson hold
a certification by a board-approved [commission-approved] training
program to renew an endorsement [an initial registration]. The
board [commission] may approve only nationally recognized training
programs that consist of at least 16 hours of classroom study in the
areas of work allowed by the endorsement [registration]. To be
approved, a training program must offer at least two certification
programs each year, sufficient to complete the requirements of this
subsection, within 100 miles of each county in the state that has a
population of more than 500,000.
(b) The board [commission] may require an individual who has
completed a training program under Subsection (a) to pass an
examination given by the board [commission] or by a person approved
by the board [commission]. The board [commission] may approve
examinations in conjunction with training programs approved under
Subsection (a). The individual's performance on the examination
must demonstrate the individual's qualifications to perform the
duties allowed by the individual's endorsement [registration].
(d) If the board [commission] requires certification or
examination under this section, the board [commission] shall
implement rules to require that to renew an endorsement [a
registration], an individual who is employed as an alarm systems
installer or a security salesperson and who has already once
renewed the endorsement [registration] must obtain continuing
education credits related to the line of work for which the
individual is licensed. If the board [commission] requires the
continuing education, the chief administrator [director] must
approve classes offered by nationally recognized organizations,
and participants in the classes must qualify according to board
[commission] rules.
SECTION 4.73. Section 1702.240(b), Occupations Code, is
amended to read as follows:
(b) An employee of a license holder who is employed
exclusively as an undercover agent is not required to register with
the board [commission].
SECTION 4.74. Subchapter J, Chapter 1702, Occupations Code,
is amended by adding Section 1702.241 to read as follows:
Sec. 1702.241. JURISPRUDENCE EXAMINATION. (a) The board
may develop and administer at least twice each calendar year a
jurisprudence examination to determine the knowledge that an
applicant for an endorsement has of this chapter, board rules, and
any other applicable laws of this state affecting the applicant's
activities regulated under this chapter.
(b) Before the board may administer a jurisprudence
examination under this section, the board shall adopt rules to
implement this section, including rules related to the development
and administration of the examination, examination fees,
guidelines for reexamination, grading the examination, and
providing notice of examination results. The board may design
different examinations for different types of endorsements.
SECTION 4.75. Sections 1702.282(c) and (e), Occupations
Code, are amended to read as follows:
(c) A license, registration, security officer commission,
letter of approval, permit, endorsement, or certification issued by
the board is conditional on the board's receipt of criminal history
record information.
(e) On receipt of notice that a check of the applicant's
criminal record has uncovered an unresolved and potentially
disqualifying arrest that occurred before the 10th anniversary of
the date the application is filed, the applicant must provide a
letter of reference from the county sheriff, prosecuting attorney,
or judge of the county in which the applicant was arrested stating
that a record of a disposition related to the arrest does not exist,
and to the best of the county sheriff's, prosecuting attorney's, or
judge's knowledge the applicant is free of any disqualifying
convictions. If the applicant fails to provide either the letter of
reference or documentary proof of the final disposition of the
arrest, the application is considered incomplete and the applicant
may not be issued a license, commission, endorsement, or
certificate of registration under this chapter.
SECTION 4.76. Section 1702.283, Occupations Code, is
amended to read as follows:
Sec. 1702.283. CRUELTY TO ANIMALS. A person who has been
convicted of cruelty to animals under Section 42.09 or 42.092,
Penal Code:
(1) is ineligible for a license as a guard dog company
or for endorsement [registration] as a dog trainer; and
(2) may not be employed to work with dogs as a security
officer by a security services contractor or security department of
a private business that uses dogs to protect individuals or
property or to conduct investigations.
SECTION 4.77. Section 1702.285, Occupations Code, is
amended to read as follows:
Sec. 1702.285. FALSE REPRESENTATION. A person may not
represent falsely that the person:
(1) is employed by a license holder; or
(2) is licensed, registered, endorsed, or
commissioned under this chapter.
SECTION 4.78. Sections 1702.301(c), (d), (e), (f), (g), and
(h), Occupations Code, are amended to read as follows:
(c) A personal protection officer endorsement
[authorization] expires on the expiration date of the security
officer commission under which the individual's endorsement
[authorization] is issued.
(d) Endorsement [Registration] as a private investigator,
manager, branch office manager, alarm systems installer, security
consultant, security salesperson, alarm systems monitor, or dog
trainer expires on the second anniversary of the date of
endorsement [registration].
(e) Endorsement [Registration] as an owner, officer,
partner, or shareholder of a license holder expires on the second
anniversary of the date of endorsement [registration].
(f) Endorsement [Registration] as a noncommissioned
security officer expires on the second anniversary of the date of
endorsement [registration].
(g) A letter of authority, or a school approval or school
instructor approval letter issued by the board [commission],
expires on the first anniversary of the date of issuance.
(h) A license, [or] registration, or endorsement issued
under this chapter, other than one specified in this section,
expires on the date specified by this chapter or by board
[commission] rule.
SECTION 4.79. Section 1702.302, Occupations Code, is
amended to read as follows:
Sec. 1702.302. LICENSE RENEWAL. (a) A person who is
otherwise eligible to renew a license may renew an unexpired
license by paying the required renewal fee to the board
[commission] before the expiration date of the license. A person
whose license has expired may not engage in activities that require
a license until the license has been renewed.
(b) A person whose license has been expired for 90 days or
less may renew the license by paying to the board [commission] a
renewal fee that is equal to 1-1/2 times the normally required
renewal fee.
(c) A person whose license has been expired for longer than
90 days but less than one year may renew the license by paying to the
board [commission] a renewal fee that is equal to two times the
normally required renewal fee.
(d) A person whose license has been expired for one year or
more may not renew the license. The person may obtain a new license
by complying with the requirements and procedures, including the
examination requirements, for obtaining an original license.
(e) Not later than the 30th day before the date a person's
license is scheduled to expire, the board [commission] shall send
written notice of the impending expiration to the person at the
person's last known address according to the board's [commission's]
records.
SECTION 4.80. Section 1702.303, Occupations Code, is
amended to read as follows:
Sec. 1702.303. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE
PRACTITIONER. A person who was licensed in this state, moved to
another state, and is currently licensed and has been in practice in
the other state for the two years preceding the date the person
applies for renewal may obtain a new license without reexamination.
The person must pay to the board [commission] a fee that is equal to
two times the normally required renewal fee for the license.
SECTION 4.81. Section 1702.304, Occupations Code, is
amended to read as follows:
Sec. 1702.304. STAGGERED RENEWAL; PRORATION OF LICENSE FEE.
The board [commission] by rule may adopt a system under which
licenses expire on various dates during the year. For the year in
which the expiration date of a license is changed, the board
[commission] shall prorate license fees on a monthly basis so that
each license holder pays only that portion of the license fee that
is allocable to the number of months during which the license is
valid. On renewal of the license on the new expiration date, the
total license renewal fee is payable.
SECTION 4.82. Section 1702.307, Occupations Code, is
amended to read as follows:
Sec. 1702.307. REGISTRATION RENEWAL. (a) An individual
who is otherwise eligible to renew a registration may renew an
unexpired registration by paying the required renewal fee to the
board [commission] before the expiration date of the registration.
An individual whose registration has expired may not engage in
activities that require a registration until the registration has
been renewed.
(b) An individual whose registration has been expired for 90
days or less may renew the registration by paying to the board
[commission] a renewal fee that is equal to 1-1/2 times the normally
required renewal fee.
(c) An individual whose registration has been expired for
more than 90 days but less than one year may renew the registration
by paying to the board [commission] a renewal fee that is equal to
two times the normally required renewal fee.
(d) An individual whose registration has been expired for
one year or more may not renew the registration. The individual may
obtain a new registration by complying with the requirements and
procedures, including any examination required by the board
[commission], for obtaining an original registration.
(e) An individual who was registered in this state, moved to
another state, and is currently registered and has been in practice
in the other state for the two years preceding the date of
application may obtain a new registration without reexamination.
The individual must pay to the board [commission] a fee that is
equal to two times the normally required renewal fee for the
registration.
(f) Not later than the 30th day before the expiration date
of an individual's registration, the board [commission] shall send
written notice of the impending expiration to the individual at the
individual's last known address according to board [commission]
records.
SECTION 4.83. Sections 1702.308(b) and (c), Occupations
Code, are amended to read as follows:
(b) The board [commission] shall recognize, prepare, or
administer continuing education programs for license holders,
commissioned security officers, and endorsement holders
[registrants]. The board [commission] shall set the minimum number
of hours that must be completed and the types of programs that may
be offered.
(c) A license holder, commissioned security officer, or
endorsement holder [registrant] must participate in the programs to
the extent required by the board [commission] to keep the person's
license, commission, or endorsement [registration]. A license
holder, commissioned security officer, or endorsement holder
[registrant] shall submit evidence of compliance with the board's
[commission's] continuing education requirements in a manner
prescribed by the board [commission].
SECTION 4.84. Section 1702.309(a), Occupations Code, is
amended to read as follows:
(a) The board [commission] by rule shall develop a
continuing education course required for renewal of a security
officer commission. Only a board-approved [commission-approved]
instructor may administer the continuing education course. The
course must include at least six hours of instruction determined by
the chief administrator [director] of the board [commission].
SECTION 4.85. Sections 1702.321(b), (c), and (e),
Occupations Code, are amended to read as follows:
(b) The provisions of this chapter relating to security
officer commissions apply to a person employed by a political
subdivision whose duties include serving as a security guard,
security watchman, or security patrolman on property owned or
operated by the political subdivision if the governing body of the
political subdivision files a written request with the board
[commission] for the board [commission] to issue a commission to
the political subdivision's employees with those duties.
(c) The board [commission] may not charge a fee for issuing
a commission to an officer under Subsection (b). The board
[commission] shall issue to the officer a pocket card designating
the political subdivision that employs the officer.
(e) The board [commission] may approve a security officer
training program conducted by the political subdivision in
accordance with Sections 1702.1675 and 1702.168.
SECTION 4.86. Section 1702.324(b), Occupations Code, is
amended to read as follows:
(b) This chapter does not apply to:
(1) a manufacturer or a manufacturer's authorized
distributor while selling equipment intended for resale;
(2) a person engaged exclusively in the business of
obtaining and providing information to:
(A) determine creditworthiness;
(B) collect debts; or
(C) ascertain the reliability of information
provided by an applicant for property, life, or disability
insurance or an indemnity or surety bond;
(3) a person engaged exclusively in the business of
repossessing property that is secured by a mortgage or other
security interest;
(4) a person who is engaged in the business of
psychological testing or other testing and interviewing services,
including services to determine attitudes, honesty, intelligence,
personality, and skills, for preemployment purposes;
(5) a person who:
(A) is engaged in obtaining information that is a
public record under Chapter 552, Government Code, regardless of
whether the person receives compensation;
(B) is not a full-time employee, as defined by
Section 61.001, Labor Code, of a person licensed under this
chapter; and
(C) does not perform any other act that requires
a license under this chapter;
(6) a licensed engineer practicing engineering or
directly supervising engineering practice under Chapter 1001,
including forensic analysis, burglar alarm system engineering, and
necessary data collection;
(7) an employee of a cattle association who inspects
livestock brands under the authority granted to the cattle
association by the Grain Inspection, Packers and Stockyards
Administration of the United States Department of Agriculture;
(8) a landman performing activities in the course and
scope of the landman's business;
(9) an attorney while engaged in the practice of law;
(10) a person who obtains a document for use in
litigation under an authorization or subpoena issued for a written
or oral deposition;
(11) an admitted insurer, insurance adjuster, agent,
or insurance broker licensed by the state, performing duties in
connection with insurance transacted by that person;
(12) a person who on the person's own property or on
property owned or managed by the person's employer:
(A) installs, changes, or repairs a mechanical
security device;
(B) repairs an electronic security device; or
(C) cuts or makes a key for a security device;
(13) security personnel, including security contract
personnel, working at a commercial nuclear power plant licensed by
the United States Nuclear Regulatory Commission;
(14) a person or firm licensed as an accountant or
accounting firm under Chapter 901, an owner of an accounting firm,
or an employee of an accountant or accounting firm while performing
services regulated under Chapter 901; [or]
(15) a retailer, wholesaler, or other person who sells
mechanical security devices, including locks and deadbolts, but who
does not:
(A) service mechanical security devices for the
public outside of the person's premises; or
(B) claim to act as a locksmith; or
(16) an employee while performing investigative
services that would otherwise be subject to this chapter for an
entity regulated by the:
(A) Texas Department of Insurance;
(B) Office of Thrift Supervision;
(C) Securities and Exchange Commission;
(D) Federal Deposit Insurance Corporation;
(E) National Association of Securities Dealers;
or
(F) Financial Industry Regulatory Authority.
SECTION 4.87. Section 1702.361(b), Occupations Code, is
amended to read as follows:
(b) The department shall take disciplinary action described
by Subsection (a) on proof:
(1) that the applicant, license holder, registrant,
endorsement holder, or commissioned security officer has:
(A) violated this chapter or a rule adopted under
this chapter;
(B) become ineligible for licensure, [or]
registration, or endorsement under Section 1702.113, or a
commission under Section 1702.163, if applicable, other than an
action for which the department has taken summary action under
Section 1702.364;
(C) engaged in fraud, deceit, or
misrepresentation;
(D) made a material misstatement in an
application for or renewal of a license, registration, endorsement,
or commission; [or]
(E) failed to pay in full an administrative
penalty assessed under Subchapter Q, for which the board has issued
a final order; or
(F) performed any service for which an
endorsement is required under this chapter and either:
(i) was not employed with a company
licensed under this chapter at the time the service was performed;
or
(ii) performed the service for a company
licensed under this chapter that was not listed on the individual's
registration without informing the board of the individual's
employment with the company within a reasonable period; or
(2) that the license holder of a registrant or
commissioned security officer has submitted to the department
sufficient evidence that the registrant or commissioned security
officer:
(A) engaged in fraud or deceit while employed by
the license holder; or
(B) committed theft while performing work as a
registrant or commissioned security officer.
SECTION 4.88. Section 1702.362, Occupations Code, is
amended to read as follows:
Sec. 1702.362. FAILURE TO FILE REQUIRED NOTICE. The board
[commission] may suspend or revoke a license if the license holder
fails to notify the board [commission] as required by Section
1702.121 that a manager has ceased to be the manager of the license
holder.
SECTION 4.89. Section 1702.363, Occupations Code, is
amended to read as follows:
Sec. 1702.363. APPLICATION OF ADMINISTRATIVE PROCEDURE
ACT. Except as provided by Sections 1702.3615(b) and 1702.364, a
person regulated under this chapter against whom the board
[commission] has taken action is entitled to a hearing before the
State Office of Administrative Hearings. A proceeding under this
section is a contested case that is governed by Chapter 2001,
Government Code.
SECTION 4.90. Sections 1702.364(a), (d), (f), and (h),
Occupations Code, are amended to read as follows:
(a) On receiving written notice from a law enforcement
agency that a person has been charged with or convicted of an
offense that would make the person ineligible for a license,
certificate of registration, endorsement, or security officer
commission under Section 1702.113 or 1702.163, the department
shall:
(1) summarily deny the person's application for a
license, registration, endorsement, or security officer
commission;
(2) in the event of pending charges, summarily suspend
the person's license, certificate of registration, endorsement, or
security officer commission; or
(3) in the event of a conviction, summarily revoke the
person's license, certificate of registration, endorsement, or
security officer commission.
(d) At a preliminary hearing, the person must show cause
why:
(1) the application should not have been denied;
(2) the registration, license, endorsement, or
security officer commission should not have been suspended; or
(3) the registration, license, endorsement, or
commission should not have been revoked.
(f) The dismissal of a complaint, information, or
indictment or an acquittal releases the person from automatic
grounds for a summary denial of an application or summary
suspension of a registration, endorsement, or security officer
commission under this section. A conviction for the offense giving
rise to a summary suspension is automatic grounds for immediate,
summary revocation.
(h) The administrative law judge shall make findings of fact
and conclusions of law regarding the person's eligibility for a
license, registration, or endorsement under this section and
promptly issue to the board a proposal for a decision.
SECTION 4.91. Section 1702.365, Occupations Code, is
amended to read as follows:
Sec. 1702.365. ABDUCTION OF CHILD. The board [commission]
shall revoke a person's license, registration, endorsement, or
security officer commission or deny a person's application for, or
renewal of, a license, registration, endorsement, or security
officer commission on proof that the person or an agent of the
person has, after the date of application for a license,
registration, endorsement, or security officer commission,
abducted or attempted to abduct by force or the threat of force or
by misrepresentation, stealth, or unlawful entry a child who at the
time of the abduction or attempt is under the care and control of a
person who:
(1) has custody or physical possession of the child
under a court order; or
(2) is exercising the care and control with the
consent of a person who has custody or physical possession of the
child under a court order.
SECTION 4.92. Sections 1702.367(c), (d), and (e),
Occupations Code, are amended to read as follows:
(c) A person required to testify or to produce a record or
document on any matter properly under inquiry by the board
[commission] who refuses to testify or to produce the record or
document on the ground that the testimony or the production of the
record or document would incriminate or tend to incriminate the
person is nonetheless required to testify or to produce the record
or document. A person who is required to testify or to produce a
record or document under this subsection is not subject to
indictment or prosecution for a transaction, matter, or thing
concerning which the person truthfully testifies or produces
evidence.
(d) If a witness refuses to obey a subpoena or to give
evidence relevant to proper inquiry by the board [commission], the
board [commission] may petition a district court of the county in
which the hearing is held to compel the witness to obey the subpoena
or to give the evidence. The court shall immediately issue process
to the witness and shall hold a hearing on the petition as soon as
possible.
(e) An investigator employed by the board [commission] may
take statements under oath in an investigation of a matter covered
by this chapter.
SECTION 4.93. Section 1702.368, Occupations Code, is
amended to read as follows:
Sec. 1702.368. NOTIFICATION OF CONVICTION FOR CERTAIN
OFFENSES. The department [Texas Department of Public Safety] shall
notify the board [commission] and the police department of the
municipality and the sheriff's department of the county in which a
person licensed, registered, or commissioned under this chapter
resides of the conviction of the person for a Class B misdemeanor or
equivalent offense or a greater offense.
SECTION 4.94. Subchapter O, Chapter 1702, Occupations Code,
is amended by adding Section 1702.372 to read as follows:
Sec. 1702.372. RECUSAL OF BOARD MEMBER. (a) A board member
who participated in the investigation of a complaint or in informal
settlement negotiations regarding the complaint:
(1) may not vote on the matter at a board meeting
related to the complaint; and
(2) shall state at the meeting the reason for which the
member is prohibited from voting on the matter.
(b) A statement under Subsection (a)(2) shall be entered
into the minutes of the meeting.
SECTION 4.95. Section 1702.381(b), Occupations Code, is
amended to read as follows:
(b) A person who contracts with or employs a person who is
required to hold a license, [certificate of] registration,
endorsement, or security officer commission under this chapter
knowing that the person does not hold the required license,
registration, endorsement [certificate], or commission or who
otherwise, at the time of contract or employment, is in violation of
this chapter may be assessed a civil penalty to be paid to the state
in an amount not to exceed $10,000 for each violation.
SECTION 4.96. Section 1702.386(a), Occupations Code, is
amended to read as follows:
(a) A person commits an offense if the person contracts with
or employs a person who is required to hold a license, registration,
endorsement [certificate], or commission under this chapter
knowing that the person does not hold the required license,
registration, endorsement [certificate], or commission or who
otherwise, at the time of contract or employment, is in violation of
this chapter.
SECTION 4.97. Section 1702.3863(a), Occupations Code, is
amended to read as follows:
(a) A person commits an offense if the person contracts with
or is employed by a bail bond surety as defined by Chapter 1704 to
secure the appearance of a person who has violated Section 38.10,
Penal Code, unless the person is:
(1) a peace officer;
(2) an individual endorsed or licensed as a private
investigator or the manager of a licensed investigations company;
or
(3) a commissioned security officer employed by a
licensed guard company.
SECTION 4.98. Section 1702.387(a), Occupations Code, is
amended to read as follows:
(a) A person commits an offense if the person fails to
surrender or immediately return to the board [commission] the
person's registration, commission, pocket card, or other
identification issued to the person by the board [commission] on
notification of a summary suspension or summary denial under
Section 1702.364.
SECTION 4.99. Section 1702.388(b), Occupations Code, is
amended to read as follows:
(b) An offense under this section is a Class A misdemeanor,
except that the offense is a felony of the third degree if the
person has previously been convicted under this chapter of failing
to hold a license, registration, endorsement, certificate, or
commission that the person is required to hold under this chapter.
SECTION 4.100. Section 1702.402, Occupations Code, is
amended by amending Subsection (a) and adding Subsection (c) to
read as follows:
(a) Each day a violation continues or occurs is a separate
violation for purposes of imposing a penalty. The amount of each
separate violation may not exceed $5,000 [$500].
(c) The board by rule shall develop a standardized penalty
schedule based on the criteria listed in Subsection (b).
SECTION 4.101. Section 1702.406(b), Occupations Code, is
amended to read as follows:
(b) The notice of the board's order given to the person must
include a statement of the right of the person to judicial review of
the order. Judicial review is under the substantial evidence rule
as provided by Subchapter G, Chapter 2001, Government Code.
SECTION 4.102. The following provisions of the Occupations
Code are repealed:
(1) Section 1702.002(4);
(2) Section 1702.003;
(3) Section 1702.045;
(4) Section 1702.046;
(5) Section 1702.065;
(6) Section 1702.069;
(7) Section 1702.113(e);
(8) Section 1702.364(j); and
(9) Subchapter K.
SECTION 4.103. (a) Not later than January 1, 2010, the
Texas Private Security Board and the Department of Public Safety
shall adopt the rules required by or under Section 1702.062,
Occupations Code, as amended by this article. The fee schedule in
effect under Section 1702.062, Occupations Code, before the
effective date of this article is continued in effect until new fees
are adopted under Section 1702.062, Occupations Code, as amended by
this article.
(b) The requirement to pass a jurisprudence examination
under Section 1702.241, Occupations Code, as added by this article,
applies only to an individual who applies for a registration or
endorsement under Chapter 1702, Occupations Code, on or after the
date specified by the Texas Private Security Board in the event the
board begins requiring applicants to pass a jurisprudence
examination, but not earlier than September 1, 2010.
(c) The changes in law made by this article related to the
filing, investigation, or resolution of a complaint under Chapter
1702, Occupations Code, as amended by this article, apply only to a
complaint filed with the Texas Private Security Board on or after
the effective date of this article. A complaint filed before the
effective date of this article is governed by the law as it existed
immediately before that date, and the former law is continued in
effect for that purpose.
(d) The changes in law made by this article governing the
authority of the Texas Private Security Board and the Department of
Public Safety to issue, renew, or revoke a license, registration,
endorsement, or commission under Chapter 1702, Occupations Code,
apply only to an application for an original or renewal license,
registration, endorsement, or commission filed with the Texas
Private Security Board under Chapter 1702, Occupations Code, as
amended by this article, on or after the effective date of this
article. An application filed before the effective date of this
article is governed by the law in effect at the time the application
was filed, and the former law is continued in effect for that
purpose.
(e) The change in law made by this article with respect to
conduct that is grounds for imposition of a disciplinary sanction
applies only to conduct that occurs on or after the effective date
of this article. Conduct that occurs before the effective date of
this article is governed by the law in effect on the date the
conduct occurred, and the former law is continued in effect for that
purpose.
(f) Section 1702.372, Occupations Code, as added by this
article, applies only to a hearing conducted on or after the
effective date of this article, regardless of the date on which the
complaint was filed. A complaint on which a hearing is conducted
before the effective date of this article is governed by the law in
effect on the date the hearing was conducted, and the former law is
continued in effect for that purpose.
(g) The holder of a Class D license under Chapter 1702,
Occupations Code, as amended by this article, shall be considered
to hold a Class B license on the effective date of this article. On
the expiration of the Class D license, the license holder may renew
the license as a Class B license.
SECTION 4.104. This article takes effect September 1, 2009.
ARTICLE 4A [Blank]
ARTICLE 4B. REGULATION OF THE BUSINESS OF PRIVATE SECURITY
SECTION 4B.01. Section 1702.002, Occupations Code, is
amended by amending Subdivision (1-a) and adding Subdivisions
(16-a) and (20-a) to read as follows:
(1-a) For purposes of Subdivision (1), the term "alarm
system" does not include a telephone entry system, an operator for
opening or closing a residential or commercial gate or door, or an
accessory used only to activate a gate or door, if the system,
operator, or accessory is not connected to a computer or data
processor that records or archives the voice, visual image, or
identifying information of the user [an alarm system].
(16-a) "Personal protection officer" means a person
who performs the activities described by Section 1702.202.
(20-a) "Security officer" means a person who performs
the activities described by Section 1702.222.
SECTION 4B.02. Section 1702.047, Occupations Code, is
amended to read as follows:
Sec. 1702.047. ADMINISTRATIVE STAFF. The department shall
designate a department employee who shall report directly to the
board. The employee designated under this section shall provide
administrative assistance to [assist] the board in the performance
[administration] of the board's duties. [The salary for an
employee designated under this section may not exceed the salary
specified in the General Appropriations Act for an employee subject
to salary group A10.]
SECTION 4B.03. Subsection (e), Section 1702.082,
Occupations Code, is amended to read as follows:
(e) On written request, the department [The commission, at
least quarterly until final disposition of the complaint,] shall
inform [notify] the person filing the complaint and each person who
is a subject of the complaint of the status of the investigation
unless the information [notice] would jeopardize an ongoing
[undercover] investigation.
SECTION 4B.04. Subchapter A, Chapter 1702, Occupations
Code, is amended by adding Section 1702.006 to read as follows:
Sec. 1702.006. FOREIGN ENTITY REGISTRATION. Licensure
under this chapter does not exempt a foreign entity from the
registration requirements of Chapter 9, Business Organizations
Code.
SECTION 4B.05. Subsection (a), Section 1702.1056,
Occupations Code, is amended to read as follows:
(a) A person acts as a locksmith company for the purposes of
this chapter if the person:
(1) sells, installs, services, or maintains, or offers
to sell, install, service, or maintain, mechanical security
devices, including deadbolts and locks;
(2) advertises services offered by the company using
the term "locksmith"; or
(3) includes the term "locksmith" in the company's
name.
SECTION 4B.06. Section 1702.110, Occupations Code, is
amended to read as follows:
Sec. 1702.110. APPLICATION FOR LICENSE. (a) An
application for a license under this chapter must be in the form
prescribed by the board [commission] and include:
(1) the full name and business address of the
applicant;
(2) the name under which the applicant intends to do
business;
(3) a statement as to the general nature of the
business in which the applicant intends to engage;
(4) a statement as to the classification for which the
applicant requests qualification;
(5) if the applicant is an entity other than an
individual, the full name and residence address of each partner,
officer who oversees the security-related aspects of the business,
and director of the applicant, and of the applicant's manager;
(6) if the applicant is an individual, two
classifiable sets of fingerprints of the applicant or, if the
applicant is an entity other than an individual, of each officer who
oversees the security-related aspects of the business and of each
partner or shareholder who owns at least a 25 percent interest in
the applicant;
(7) a verified statement of the applicant's experience
qualifications in the particular classification in which the
applicant is applying;
(8) a report from the department [Texas Department of
Public Safety] stating the applicant's record of any convictions
for a Class B misdemeanor or equivalent offense or a greater
offense;
(9) the social security number of the individual
making the application; and
(10) other information, evidence, statements, or
documents required by the board [commission].
(b) An applicant for a license as a security services
contractor shall maintain a physical address within this state and
provide that address to the board. The board shall adopt rules to
enable an out-of-state license holder to comply with this
subsection.
SECTION 4B.07. Section 1702.112, Occupations Code, is
amended to read as follows:
Sec. 1702.112. FORM OF LICENSE. The board [commission]
shall prescribe the form of a license, including a branch office
license. The license must include:
(1) the name of the license holder;
(2) the name under which the license holder is to
operate; [and]
(3) the license number and the date the license was
issued; and
(4) a photograph of the license holder, affixed to the
license at the time the license is issued by the board.
SECTION 4B.08. Section 1702.121, Occupations Code, is
amended to read as follows:
Sec. 1702.121. TERMINATION OF MANAGER. (a) A license
holder shall notify the board [commission] in writing not later
than the 14th day after the date a manager ceases to be manager of
the license holder's business. The license remains in effect for a
reasonable period after notice is given as provided by board
[commission] rule pending the board's [commission's] determination
of the qualification of another manager under this subchapter.
(b) A manager shall be immediately terminated on the
effective date of any summary action taken against the manager. Any
period of temporary operation authorized under this section or
Section 1702.122 starts on the date of termination.
SECTION 4B.09. Section 1702.127, Occupations Code, is
amended by amending Subsections (b) and (c) and adding Subsection
(d) to read as follows:
(b) A license holder shall maintain a record containing
information related to the license holder's employees as required
by the board [commission].
(c) A license holder shall maintain for [commission]
inspection by the department at the license holder's principal
place of business or branch office two recent color photographs, of
a type required by the board [commission], of each applicant,
registrant, commissioned security officer, and employee of the
license holder.
(d) A license holder shall maintain records required under
this chapter at a physical address within this state and provide
that address to the board.
SECTION 4B.10. Section 1702.163, Occupations Code, is
amended by adding Subsection (d-1) to read as follows:
(d-1) For the purposes of determining eligibility under
Subsection (b)(2), the department may require the applicant to
authorize the release to the department of any relevant medical
records.
SECTION 4B.11. Section 1702.201, Occupations Code, is
amended to read as follows:
Sec. 1702.201. PERSONAL PROTECTION OFFICER ENDORSEMENT
[AUTHORIZATION] REQUIRED. An individual [A commissioned security
officer] may not act as a personal protection officer unless the
individual [officer] holds a personal protection officer
endorsement [authorization].
SECTION 4B.12. Section 1702.202, Occupations Code, is
amended to read as follows:
Sec. 1702.202. PERSONAL PROTECTION OFFICER. An individual
acts as a personal protection officer if the individual, while
carrying a firearm, [:
[(1) has been issued a security officer commission to
carry a concealed firearm; and
[(2)] provides to another [an] individual personal
protection from bodily harm.
SECTION 4B.13. Section 1702.206, Occupations Code, is
amended to read as follows:
Sec. 1702.206. LIMITED AUTHORITY TO CARRY [CONCEALED]
FIREARMS. (a) An individual acting as a personal protection
officer may not carry a [concealed] firearm unless the officer:
(1) is either:
(A) engaged in the exclusive performance of the
officer's duties as a personal protection officer for the employer
under whom the officer's personal protection officer endorsement
[authorization] is issued; or
(B) traveling to or from the officer's place of
assignment; and
(2) carries the officer's security officer commission
and personal protection officer endorsement [authorization] on the
officer's person while performing the officer's duties or traveling
as described by Subdivision (1) and presents the commission and
endorsement [authorization] on request.
(b) An individual who is acting as a personal protection
officer and is wearing the uniform of a security officer, including
any uniform or apparel described by Section 1702.323(d), may not
conceal any firearm the individual is carrying and shall carry the
firearm in plain view. An individual who is acting as a personal
protection officer and is not wearing the uniform of a security
officer shall conceal the firearm.
SECTION 4B.14. Section 1702.230, Occupations Code, is
amended by amending Subsection (b) and adding Subsection (c) to
read as follows:
(b) The employer of the applicant shall make a reasonable
attempt to verify the information required under Subsection (a)(1)
before the earlier of:
(1) the date the application is submitted; or
(2) the date the applicant begins to perform the
duties of employment that require registration.
(c) An applicant must submit an application that
substantially meets the requirements of this section before
employment in a capacity for which registration is required.
SECTION 4B.15. Subsection (a), Section 1702.282,
Occupations Code, is amended to read as follows:
(a) The board shall conduct a criminal history check,
including a check of any criminal history record information
maintained by the Federal Bureau of Investigation, in the manner
provided by Subchapter F, Chapter 411, Government Code, on each
applicant for a license, registration, security officer
commission, letter of approval, permit, endorsement, or
certification. As part of its criminal history check, the board may
request that the applicant provide certified copies of relevant
court documents or other records. The failure to provide the
requested records within a reasonable time as determined by the
board may result in the application being considered incomplete.
An applicant is not eligible for a license, registration,
commission, letter of approval, permit, endorsement, or
certification if the check reveals that the applicant has committed
an act that constitutes grounds for the denial of the license,
registration, commission, letter of approval, permit, endorsement,
or certification. Except as provided by Subsection (d), each
applicant shall include in the application two complete sets of
fingerprints on forms prescribed by the board accompanied by the
fee set by the board.
SECTION 4B.16. Section 1702.286, Occupations Code, as added
by Chapter 1102 (H.B. 2243), Acts of the 79th Legislature, Regular
Session, 2005, is renumbered as Section 1702.2865, Occupations
Code, to read as follows:
Sec. 1702.2865 [1702.286]. CUSTOMER AUTHORIZATION REQUIRED
FOR CERTAIN LOCKSMITH SERVICES. (a) A locksmith company or
locksmith may not perform services for a customer who seeks entry to
a structure, motor vehicle, or other property unless the customer,
in the course of the transaction:
(1) shows the locksmith company or locksmith a
government-issued identification; and
(2) provides a signed authorization stating that the
customer owns or is otherwise entitled to legal access to the
structure, motor vehicle, or other property.
(b) A locksmith company or locksmith is exempt from
Subsection (a) if the locksmith is requested to perform services in
a case of imminent threat to a person or property.
SECTION 4B.17. Section 1702.322, Occupations Code, is
amended to read as follows:
Sec. 1702.322. LAW ENFORCEMENT PERSONNEL. This chapter
does not apply to:
(1) a person who has full-time employment as a peace
officer and who receives compensation for private employment on an
individual or an independent contractor basis as a patrolman,
guard, extra job coordinator, or watchman if the officer:
(A) is employed in an employee-employer
relationship or employed on an individual contractual basis
directly by the recipient of the services;
(B) is not in the employ of another peace
officer;
(C) is not a reserve peace officer; and
(D) works as a peace officer on the average of at
least 32 hours a week, is compensated by the state or a political
subdivision of the state at least at the minimum wage, and is
entitled to all employee benefits offered to a peace officer by the
state or political subdivision;
(2) a reserve peace officer while the reserve officer
is performing guard, patrolman, or watchman duties for a county and
is being compensated solely by that county;
(3) a peace officer acting in an official capacity in
responding to a burglar alarm or detection device; or
(4) a person engaged in the business of electronic
monitoring of an individual as a condition of that individual's
community supervision, parole, mandatory supervision, or release
on bail, if the person does not perform any other service that
requires a license under this chapter.
SECTION 4B.18. Subsection (a), Section 1702.361,
Occupations Code, is amended to read as follows:
(a) The [Subject to the board's final order under the
hearing provisions of this subchapter, the] department, for conduct
described by Subsection (b), may:
(1) deny an application or revoke, suspend, or refuse
to renew a license, registration, endorsement, or security officer
commission;
(2) reprimand a license holder, registrant, or
commissioned security officer; or
(3) place on probation a person whose license,
registration, endorsement, or security officer commission has been
suspended.
SECTION 4B.19. Section 1702.367, Occupations Code, is
amended by amending Subsection (a) and adding Subsections (f) and
(g) to read as follows:
(a) For an investigation conducted under this chapter, if
necessary to enforce this chapter or the board's rules, the
department [commission] may issue an administrative [a] subpoena to
any person in this state compelling:
(1) the production of information or documents; or
(2) the attendance and testimony of a witness [compel
the attendance of a witness or the production of a pertinent record
or document. The hearings officer may administer oaths and require
testimony or evidence to be given under oath].
(f) A person licensed or otherwise regulated under this
chapter who fails without good cause to comply with a subpoena
issued under this section may be subject to suspension of a license
under Section 1702.361.
(g) If a subpoena issued under this section relates to an
ongoing criminal investigation by the department and the department
determines that disclosure could significantly impede the
investigation, the subpoena may provide that the person to whom the
subpoena is directed may not:
(1) disclose that the subpoena has been issued;
(2) identify or describe any records requested by the
subpoena; or
(3) disclose whether records have been furnished in
response to the subpoena.
SECTION 4B.20. Subchapter P, Chapter 1702, Occupations
Code, is amended by adding Section 1702.3835 to read as follows:
Sec. 1702.3835. DECEPTIVE TRADE PRACTICE. (a) A person who
performs or offers to perform an activity regulated under this
chapter, but who is not licensed or otherwise authorized under this
chapter to perform the activity, commits a false, misleading, or
deceptive act or practice within the meaning of Section 17.46,
Business & Commerce Code.
(b) A public or private right or remedy under Chapter 17,
Business & Commerce Code, may be used to enforce this chapter.
SECTION 4B.21. Subsection (d), Section 46.03, Penal Code,
is amended to read as follows:
(d) It is a defense to prosecution under Subsection (a)(5)
that the actor possessed a firearm or club while traveling to or
from the actor's place of assignment or in the actual discharge of
duties as:
(1) a member of the armed forces or national guard;
(2) a guard employed by a penal institution; or
(3) a security officer commissioned by the Texas
[Board of Private Investigators and] Private Security Board
[Agencies] if:
(A) the actor is wearing a distinctive uniform;
and
(B) the firearm or club is in plain view; or
(4) [(5)] a security officer who holds a personal
protection authorization under Chapter 1702, Occupations Code,
provided that the officer is either:
(A) wearing the uniform of a security officer,
including any uniform or apparel described by Section 1702.323(d),
Occupations Code, and carrying the officer's firearm in plain view;
or
(B) not wearing the uniform of a security officer
and carrying the officer's firearm in a concealed manner [the
Private Investigators and Private Security Agencies Act (Article
4413(29bb), Vernon's Texas Civil Statutes)].
SECTION 4B.22. Subsection (b), Section 46.15, Penal Code,
as amended by Chapters 647 (H.B. 964), 693 (H.B. 1815), and 1048
(H.B. 2101), Acts of the 80th Legislature, Regular Session, 2007,
is reenacted and amended to read as follows:
(b) Section 46.02 does not apply to a person who:
(1) is in the actual discharge of official duties as a
member of the armed forces or state military forces as defined by
Section 431.001, Government Code, or as a guard employed by a penal
institution;
(2) is traveling;
(3) is engaging in lawful hunting, fishing, or other
sporting activity on the immediate premises where the activity is
conducted, or is en route between the premises and the actor's
residence or motor vehicle, if the weapon is a type commonly used in
the activity;
(4) holds a security officer commission issued by the
Texas Private Security Board, if the person[:
[(A)] is engaged in the performance of the
person's duties as an officer commissioned under Chapter 1702,
Occupations Code, or is traveling to or from the person's place of
assignment[;] and
[(B)] is [either:
[(i)] wearing the officer's uniform and
carrying the officer's weapon in plain view; [or]
(5) acts [(ii) acting] as a personal protection
officer and carries [carrying] the person's security officer
commission and personal protection officer authorization, if the
person:
(A) is engaged in the performance of the person's
duties as a personal protection officer under Chapter 1702,
Occupations Code, or is traveling to or from the person's place of
assignment; and
(B) is either:
(i) wearing the uniform of a security
officer, including any uniform or apparel described by Section
1702.323(d), Occupations Code, and carrying the officer's weapon in
plain view; or
(ii) not wearing the uniform of a security
officer and carrying the officer's weapon in a concealed manner;
(6) [(5)] is carrying a concealed handgun and a valid
license issued under Subchapter H, Chapter 411, Government Code, to
carry a concealed handgun of the same category as the handgun the
person is carrying;
(7) [(6)] holds an alcoholic beverage permit or
license or is an employee of a holder of an alcoholic beverage
permit or license if the person is supervising the operation of the
permitted or licensed premises; or
(8) [(7)] is a student in a law enforcement class
engaging in an activity required as part of the class, if the weapon
is a type commonly used in the activity and the person is:
(A) on the immediate premises where the activity
is conducted; or
(B) en route between those premises and the
person's residence and is carrying the weapon unloaded.
SECTION 4B.23. The changes in law made by this article to
Section 1702.110 and Subsection (a), Section 1702.282, Occupations
Code, and the change in law made by Article 4 of this Act to
Subsection (a), Section 1702.221, Occupations Code, apply to an
application under Chapter 1702, Occupations Code, submitted on or
after the effective date of this article. An application submitted
before the effective date of this article is governed by the law in
effect on the date the application was submitted, and the former law
is continued in effect for that purpose.
SECTION 4B.24. To the extent of any conflict, this article
prevails over another Act of the 81st Legislature, Regular Session,
2009, relating to nonsubstantive additions to and corrections in
enacted codes.
SECTION 4B.25. This article takes effect September 1, 2009.
ARTICLE 5. GENERAL PROVISIONS
SECTION 5.01. Section 411.002, Government Code, is amended
by amending Subsection (c) and adding Subsections (d) and (e) to
read as follows:
(c) The Department of Public Safety of the State of Texas is
subject to Chapter 325 (Texas Sunset Act). Unless continued in
existence as provided by that chapter, the department is abolished
and Subsections (a) and (b) expire September 1, 2015 [2009].
(d) Not later than December 1, 2010, the Sunset Advisory
Commission shall review and prepare a written report for submission
to the legislature on the department's implementation of:
(1) the recommendations in the 2008 audit of the
department's information technology system; and
(2) a civilian business model for the operation of the
driver's license division that focuses on improving customer
service by:
(A) using best practices in call center
technology and monitoring customer service calls;
(B) expanding operating hours at driver's
license offices; and
(C) decreasing the time the department takes to
send a replacement driver's license.
(e) The Sunset Advisory Commission shall submit the report
required by Subsection (d) not later than February 15, 2011. This
subsection and Subsection (d) expire August 31, 2011.
SECTION 5.02. Section 411.0035, Government Code, is amended
to read as follows:
Sec. 411.0035. MEMBER AND GENERAL COUNSEL RESTRICTION. (a)
In this section, "Texas trade association" means a cooperative and
voluntarily joined statewide association of business or
professional competitors in this state designed to assist its
members and its industry or profession in dealing with mutual
business or professional problems and in promoting their common
interest.
(b) A person may not be [serve as] a member of the commission
and may not be a department employee employed in a "bona fide
executive, administrative, or professional capacity," as that
phrase is used for purposes of establishing an exemption to the
overtime provisions of the federal Fair Labor Standards Act of 1938
(29 U.S.C. Section 201 et seq.), if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of law
enforcement or private security; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of law
enforcement or private security.
(c) A person may not be a member of the commission or act as
the general counsel to the commission if the person is required to
register as a lobbyist under Chapter 305 because of the person's
activities for compensation on behalf of a profession related to
the operation of the commission.
SECTION 5.03. Subchapter A, Chapter 411, Government Code,
is amended by adding Section 411.0042 to read as follows:
Sec. 411.0042. DIVISION OF RESPONSIBILITIES. The
commission shall develop and implement policies that clearly
separate the policymaking responsibilities of the commission and
the management responsibilities of the director and the staff of
the department.
SECTION 5.04. Subchapter A, Chapter 411, Government Code,
is amended by adding Section 411.0043 to read as follows:
Sec. 411.0043. TECHNOLOGY POLICY. The commission shall
implement a policy requiring the department to use appropriate
technological solutions to improve the department's ability to
perform its functions. The policy must ensure that the public is
able to interact with the department on the Internet.
SECTION 5.05. Subchapter A, Chapter 411, Government Code,
is amended by adding Section 411.0044 to read as follows:
Sec. 411.0044. NEGOTIATED RULEMAKING AND ALTERNATIVE
DISPUTE RESOLUTION. (a) The commission shall develop and
implement a policy to encourage the use of:
(1) negotiated rulemaking procedures under Chapter
2008 for the adoption of department rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009 to assist in the resolution of
internal and external disputes under the department's
jurisdiction.
(b) The department's procedures relating to alternative
dispute resolution must conform, to the extent possible, to any
model guidelines issued by the State Office of Administrative
Hearings for the use of alternative dispute resolution by state
agencies.
(c) The commission shall designate a trained person to:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) serve as a resource for any training needed to
implement the procedures for negotiated rulemaking or alternative
dispute resolution; and
(3) collect data concerning the effectiveness of those
procedures, as implemented by the department.
SECTION 5.06. The heading to Section 411.005, Government
Code, is amended to read as follows:
Sec. 411.005. DIRECTOR, DEPUTY DIRECTORS, AND ASSISTANT
DIRECTORS [DIRECTOR].
SECTION 5.07. Section 411.005, Government Code, is amended
by amending Subsections (a), (b), and (c) to read as follows:
(a) The commission shall appoint a citizen of the United
States [this state] as public safety director. The director serves
until removed by the commission.
(b) The director may appoint, with the advice and consent of
the commission, deputy directors and assistant directors who shall
perform the duties that the director designates. Deputy directors
and [An] assistant directors serve [director serves] until removed
by the director.
(c) The commission shall select the director, and the
director shall select deputy directors and assistant directors [an
assistant director], on the basis of the person's training,
experience, and qualifications for the position. [The director and
an assistant director must have five years' experience, preferably
in police or public administration.] The director, [and an
assistant director] deputy directors, and assistant directors are
entitled to annual salaries as provided by the legislature.
SECTION 5.08. Section 411.015(b), Government Code, is
amended to read as follows:
(b) [The number of divisions may not exceed the number of
divisions existing on August 22, 1957.] The division relating to
the Texas Rangers may not be abolished.
SECTION 5.09. Sections 411.0195(a), (b), and (c),
Government Code, are amended to read as follows:
(a) The department shall maintain a system to promptly and
efficiently act on [prepare information of public interest
describing the functions of the department and the department's
procedures by which] complaints [are] filed with [and resolved by]
the department. The department shall maintain [make the]
information about parties to the complaint, the subject matter of
the complaint, a summary of the results of the review or
investigation of the complaint, and its disposition [available to
the public and appropriate state agencies].
(b) The department shall make information available
describing its procedures for complaint investigation and
resolution [director by rule shall establish methods by which
consumers and service recipients are notified of the name, mailing
address, and telephone number of the department for the purpose of
directing complaints to the department].
(c) The department shall periodically notify the complaint
parties of the status of the complaint until final disposition
[maintain a file on each written complaint filed with the
department. The file must include:
[(1) the name of the person who filed the complaint;
[(2) the date the complaint is received by the
department;
[(3) the subject matter of the complaint;
[(4) the name of each person contacted in relation to
the complaint;
[(5) a summary of the results of the review or
investigation of the complaint; and
[(6) an explanation of the reason the file was closed,
if the agency closed the file without taking action other than to
investigate the complaint].
SECTION 5.10. Section 411.188, Government Code, is amended
by adding Subsection (j) to read as follows:
(j) The department may offer online, or allow a qualified
handgun instructor to offer online, the continuing education
instruction course and written section of the proficiency
examination required to renew a license.
SECTION 5.11. Section 411.190, Government Code, is amended
by adding Subsection (d-1) to read as follows:
(d-1) The department shall ensure that an applicant may
renew certification under Subsection (d) from any county in this
state by using an online format to complete the required retraining
courses if:
(1) the applicant is renewing certification for the
first time; or
(2) the applicant completed the required retraining
courses in person the previous time the applicant renewed the
certificate.
SECTION 5.12. The heading to Section 411.244, Government
Code, is amended to read as follows:
Sec. 411.244. OFFICE OF INSPECTOR GENERAL [INTERNAL
AFFAIRS].
SECTION 5.13. Section 411.244, Government Code is amended
by amending Subsections (a), (b), (d), (e), and (f), and by adding
Subsection (g) to read as follows:
(a) The commission [director] shall establish the office of
inspector general, which is responsible for:
(1) acting to prevent and detect serious breaches of
departmental policy, fraud, and abuse of office, including any acts
of criminal conduct within the department; and
(2) independently and objectively reviewing,
investigating, delegating an investigation, and overseeing the
investigation of administrative and all other allegations of
conduct referred to in (a)(1) above and the following:
(A) criminal activity occurring in all divisions
of the department;
(B) allegations of wrongdoing by department
employees;
(C) crimes committed on department property; and
(D) serious breaches of department policy
[internal affairs].
(b) The office of inspector general [internal affairs] has
[original] departmental jurisdiction for oversight and
coordination over all investigations occurring on department
property or involving department employees. The office shall
coordinate and provide oversight, but need not conduct, all
investigations under this section. The inspector general shall
delegate criminal allegations arising under this section to the
Texas Ranger division or the Criminal Law Enforcement division of
the department for investigation or referral back to the inspector
general for further action. However the inspector general shall
continually monitor referred matters and report to the commission
along with any other division investigating a matter on its status
while pending.
(d) The commission has direct oversight over the office of
inspector general, including decisions regarding budget and
staffing. The commission [director] shall appoint the inspector
general [head of the office of internal affairs]. The inspector
general [head of the office of internal affairs] serves until
removed by the commission [director]. The commission shall
establish policies to ensure that the commission continues to
oversee the office of inspector general as required by this
subsection and to ensure that the office of inspector general
retains and exercises its original jurisdiction under Subsection
(b).
(e) The inspector general [head of the office of internal
affairs] shall report directly to the commission [director]
regarding performance of and activities related to investigations,
report to the director for administrative purposes, and provide the
director with information regarding investigations as appropriate.
(f) The inspector general [head of the office of internal
affairs] shall present at each regularly scheduled commission
meeting and at other appropriate times:
(1) reports of investigations; and
(2) a summary of information relating to
investigations conducted under this section that includes analysis
of the number, type, and outcome of investigations, trends in the
investigations, and recommendations to avoid future complaints.
(g) This chapter or other law related to the operation of
the department's office of inspector general does not preempt the
authority of the state auditor to conduct an audit or investigation
under Chapter 321 or other law.
SECTION 5.14. Section 662.005(b), Government Code, is
amended to read as follows:
(b) Except as provided by Section 662.010, and
notwithstanding Section 659.015 or another law, a state employee
who is a peace officer commissioned by a state officer or state
agency listed under Article 2.12, Code of Criminal Procedure, or
who is employed by the Department of Public Safety either to perform
communications or dispatch services related to traffic law
enforcement or as a public security officer, as that term is defined
by Section 1701.001, Occupations Code, and who is required to work
on a national or state holiday that falls on a Saturday or Sunday is
entitled to compensatory time off at the rate of one hour for each
hour worked on the holiday.
SECTION 5.15. Sections 411.0195(d) and (e), Government
Code, are repealed.
SECTION 5.16. The changes in law made by this article by the
amendment of Section 411.0035, Government Code, apply only to a
person first appointed to the Public Safety Commission or employed
by the Department of Public Safety of the State of Texas on or after
the effective date of this Act. A person first appointed or
employed before the effective date of this Act is governed by the
law in effect immediately before that date, and the former law is
continued in effect for that purpose.
SECTION 5.17. The changes in law made by this article by the
amendment of Section 411.0195, Government Code, apply only to a
complaint filed on or after the effective date of this Act. A
complaint filed before the effective date of this Act is governed by
the law in effect when the complaint was filed, and the former law
is continued in effect for that purpose.
SECTION 5.18. The Department of Public Safety of the State
of Texas shall take action as necessary to ensure that an applicant
may renew a qualified handgun instructor certification from any
county in this state, as required by Section 411.190(d-1),
Government Code, as added by this Act, not later than March 1, 2010.
SECTION 5.19. The Department of Public Safety shall develop
customer service training requirements that at a minimum must be
completed by the staff of the driver license division that interact
with the public. Each new employee of the division that is required
to complete this training, as a condition of employment, must do so
by the end of the third month of employment. Thereafter, each
employee that the training applies to shall participate annually in
this training.
SECTION 5.20. The Department of Public Safety shall develop
cultural diversity training requirements to be completed by all
staff of the drivers license division. Each new employee of the
division, as a condition of employment, must complete the training
by the end of the third month of employment. Thereafter, each
employee in the division shall participate annually in the
diversity training.
SECTION 5.21. The Department of Public Safety shall develop
training requirements regarding proof of citizenship documents. At
a minimum, this training must be completed by all staff in the
drivers license division. Each new employee of this division, as a
condition of employment, must complete the training by the end of
the third month of employment. Thereafter, each employee of the
division shall participate annually in this training.
ARTICLE 6. ADDITIONAL PROVISIONS
SECTION 6.01. Section 411.00755(b), Government Code, is
amended to read as follows:
(b) The [Notwithstanding Chapter 552, the] personnel
records of a commissioned officer of the department may not be
disclosed or otherwise made available to the public, except the
department shall release in accordance with Chapter 552:
(1) any letter, memorandum, or document relating to:
(A) a commendation, congratulation, or honor
bestowed on the officer for an action, duty, or activity that
relates to the officer's official duties; and
(B) misconduct by the officer, if the letter,
memorandum, or document resulted in disciplinary action;
(2) the state application for employment submitted by
the officer, but not including any attachments to the application;
(3) any reference letter submitted by the officer;
(4) any letter of recommendation for the officer;
(5) any employment contract with the officer;
(6) any periodic evaluation of the officer by a
supervisor;
(7) any document recording a promotion or demotion of
the officer;
(8) any request for leave by the officer;
(9) any request by the officer for transfers of shift
or duty assignments;
(10) any documents presented to the commission in
connection with a public hearing under Section 411.007(f);
(11) the officer's:
(A) name;
(B) age;
(C) dates of employment;
(D) positions held; and
(E) gross salary; and
(12) information about the location of the officer's
department duty assignments.
SECTION 6.02. Subchapter A, Chapter 411, Government Code,
is amended by adding Section 411.0161 to read as follows:
Sec. 411.0161. DONATION OF ACCRUED COMPENSATORY TIME OR
ACCRUED ANNUAL LEAVE FOR LEGISLATIVE PURPOSES. (a) The director
shall allow a department employee to voluntarily transfer to a
legislative leave pool up to eight hours of compensatory time or
annual leave per year earned by the employee.
(b) The director or designee shall administer the
legislative leave pool.
(c) The Public Safety Commission shall adopt rules and
prescribe procedures relating to the operation of the legislative
leave pool.
(d) The director or designee shall credit the legislative
leave pool with the amount of time contributed by an employee and
deduct a corresponding amount of time from the employee's earned
compensatory time or annual leave as if the employee had used the
time for personal purposes.
(e) An employee is entitled to use time contributed to the
legislative leave pool if the employee uses the time for
legislative leave on behalf of a law enforcement association of at
least 1,000 active or retired members governed by a board of
directors.
(f) The director of the pool administrator shall transfer
time from the pool to the employee and credit the time to the
employee.
(g) An employee may only withdraw time from the legislative
leave pool in coordination and with the consent of the president or
designee of the law enforcement association described in Subsection
(e), and may not draw more than 80 hours of time from the pool in a
160-hours work cycle with the maximum time taken not to exceed 480
hours per fiscal year.
(h) In addition to Subsection (g), the use of any time from
the legislative leave pool must also be in accordance with rules
adopted by the Public Safety Commission.
SECTION 6.03. Section 411.192, Government Code, is amended
by amending Subsections (a) and (d) and adding Subsection (e) to
read as follows:
(a) The department shall disclose to a criminal justice
agency information contained in its files and records regarding
whether a named individual or any individual named in a specified
list is licensed under this subchapter. Information on an
individual subject to disclosure under this section includes the
individual's name, date of birth, gender, race, [and] zip code,
telephone number, e-mail address, and Internet website address.
Except as otherwise provided by this section and by Section
411.193, all other records maintained under this subchapter are
confidential and are not subject to mandatory disclosure under the
open records law, Chapter 552.
(d) The [This section does not prohibit the] department
shall make [from making] public and distribute [distributing] to
the public at no cost lists of individuals who are certified as
qualified handgun instructors by the department and who request to
be included as provided by Subsection (e). The department shall
include on the lists each individual's name, telephone number,
e-mail address, and Internet website address. The department shall
make the list available on the department's Internet website.
(e) An individual who is certified as a qualified handgun
instructor may request in writing that the department disclose all
or part of the information described by Subsection (d) regarding
the individual. The department shall include all or part of the
individual's information on the list as requested.
SECTION 6.04. Section 614.151(2), Government Code, as added
by Chapter 1159 (H.B. 12), Acts of the 80th Legislature, Regular
Session, 2007, is amended to read as follows:
(2) "Law enforcement officer" means a person who[:
[(A)] is a commissioned peace officer[;
[(B) is] employed by a law enforcement agency[;
and
[(C) is compensated according to:
[(i) Schedule C of the position
classification salary schedule prescribed by the General
Appropriations Act if the person is employed by a law enforcement
agency other than the Parks and Wildlife Department; or
[(ii) Schedule B or C of the position
classification salary schedule prescribed by the General
Appropriations Act if the person is employed by the Parks and
Wildlife Department].
SECTION 6.05. Section 614.152, Government Code, as added by
Chapter 1159 (H.B. 12), Acts of the 80th Legislature, Regular
Session, 2007, is amended by amending the section heading and
Subsections (a) and (c) and by adding Subsections (a-1) and (a-2) to
read as follows:
Sec. 614.152. PHYSICAL FITNESS PROGRAMS AND STANDARDS. (a)
Each [Out of appropriated funds, each] law enforcement agency shall
adopt physical fitness programs that a law enforcement officer must
participate in and physical fitness standards that a law
enforcement officer must meet [to continue employment with the
agency as a law enforcement officer]. The standards as applied to
an officer must directly relate to the officer's job duties and
shall include individual fitness goals specific to the officer's
age and gender. A law enforcement agency shall use the services of
a consultant to aid the agency in developing the standards.
(a-1) Each law enforcement agency shall adopt a reward
policy that provides for reward incentives to officers who
participate in the program and meet the standards adopted under
Subsection (a). The reward incentives under the policy must be an
amount of administrative leave of not more than four days per year.
(a-2) An agency may adopt physical readiness standards
independent of other law enforcement agencies.
(c) A law enforcement agency may exempt a law enforcement
officer from participating in a program or meeting a standard under
Subsection (a) based on the facts and circumstances of the
individual case, including whether an officer was injured in the
line of duty.
SECTION 6.06. Section 411.171(4), Government Code, is
amended to read as follows:
(4) "Convicted" means an adjudication of guilt or,
except as provided in Section 411.1711, an order of deferred
adjudication entered against a person by a court of competent
jurisdiction whether or not the imposition of the sentence is
subsequently probated and the person is discharged from community
supervision. The term does not include an adjudication of guilt or
an order of deferred adjudication that has been subsequently:
(A) expunged; [or]
(B) pardoned under the authority of a state or
federal official; or
(C) otherwise vacated, set aside, annulled,
invalidated, voided, or sealed under any state or federal law.
SECTION 6.07. Subchapter C, Chapter 521, Transportation
Code, is amended by adding Section 521.060 to read as follows:
Sec. 521.060. DRIVER RECORD MONITORING PILOT PROGRAM.
(a) The department by rule may establish a driver record
monitoring pilot program. The term of the pilot program may not
exceed one year.
(b) Under the pilot program, the department may enter into a
contract with a person to provide driver record monitoring
services, as described by Subsection (c), and certain information
from the department's driver's license records to the person, if the
person:
(1) is an employer, an insurer, an insurance support
organization, an employer support organization, or an entity that
self-insures its motor vehicles; and
(2) is eligible to receive the information under
Chapter 730.
(c) A contract entered into by the department must require:
(1) the department, during the term of the contract,
to:
(A) monitor the driver record of each holder of a
driver's license issued by the department that is requested by the
person with whom the department has contracted;
(B) identify any change in the status of a
driver's license or any conviction for a traffic offense reported
to the department during the monitoring period; and
(C) periodically, as specified in the contract,
provide reports of those individuals identified as having a change
in status or convictions to the person with whom the department has
contracted; and
(2) the person with whom the department has
contracted:
(A) to purchase under Section 521.046 a copy of
the driver record of each individual identified in a report
provided under Subdivision (1)(C);
(B) to warrant that:
(i) the person will not directly or
indirectly disclose information received from the department under
the contract to a third party without the express written consent of
the department, except as required by law or legal process; and
(ii) if a disclosure is required by law or
legal process, the person will immediately notify the department so
that the department may seek to oppose, limit, or restrict the
required disclosure; and
(C) if the person is an insurance support
organization, to warrant that the person will not seek to obtain
information about a holder of a driver's license under the contract
unless the license holder is insured by a client of the
organization, and that the person will provide the department with
the name of each client to whom the insurance support organization
provides information received from the department under the
contract.
(d) The attorney general may file a suit against a person
with whom the department has contracted under this section for:
(1) injunctive relief to prevent or restrain the
person from violating a term of the contract or from directly or
indirectly disclosing information received from the department
under the contract in a manner that violates the terms of the
contract; or
(2) a civil penalty in an amount not to exceed $2,000
for each disclosure in violation of those terms.
(e) If the attorney general brings an action against a
person under Subsection (d) and an injunction is granted against
the person or the person is found liable for a civil penalty, the
attorney general may recover reasonable expenses, court costs,
investigative costs, and attorney's fees. Each day a violation
continues or occurs is a separate violation for purposes of
imposing a penalty under Subsection (d).
(f) A violation of the terms of a contract entered into with
the department by the person with whom the department has
contracted is a false, misleading, or deceptive act or practice
under Subchapter E, Chapter 17, Business & Commerce Code.
(g) A civil action brought under this section shall be filed
in a district court:
(1) in Travis County; or
(2) in any county in which the violation occurred.
(h) A person with whom the department has contracted under
this section commits an offense if the person directly or
indirectly discloses information received from the department
under the contract in a manner that violates the terms of the
contract. An offense under this subsection is a Class B
misdemeanor. If conduct constituting an offense under this
subsection also constitutes an offense under another law, the actor
may be prosecuted under this subsection, the other law, or both.
(i) The department shall impose a fee on each person with
whom the department contracts under this section for the services
provided by the department under the contract. The fee must be
reasonable and be not less than the amount necessary to allow the
department to recover all reasonable costs to the department
associated with entering into the contract and providing services
to the person under the contract, including direct, indirect, and
administrative costs and costs related to the development and
deployment of the pilot program.
(j) The department may establish a reasonable deadline by
which a person must apply to enter into a contract with the
department under this section and may not enter into a contract with
a person who fails to apply before that deadline.
(k) To the fullest extent practicable, the services of the
department under a contract entered into under this section shall
be provided by, through, or in conjunction with the interactive
system established under Section 521.055.
(l) At the conclusion of the term of the pilot program, and
on the recommendation of the department, the commission may
authorize the department to implement the pilot program as a
permanent program.
(m) Before the department recommends that the pilot program
be implemented as a permanent program, the department shall submit
to the lieutenant governor, the speaker of the house of
representatives, and each member of the legislature a report that
contains an analysis of the scope, effectiveness, and cost benefits
of the pilot program. The report must include:
(1) a list of each insurance support organization with
which the department has contracted under this section; and
(2) a list of each client to whom the insurance support
organization has provided information received from the department
under this section.
SECTION 6.08. Subchapter S, Chapter 521, Transportation
Code, is amended by adding Section 521.4565 to read as follows:
Sec. 521.4565. CONSPIRING TO MANUFACTURE COUNTERFEIT
LICENSE OR CERTIFICATE. (a) In this section:
(1) "Combination," "conspires to commit," "profits,"
and "criminal street gang" have the meanings assigned by Section
71.01, Penal Code.
(2) "Conspires to manufacture or produce" means that:
(A) a person agrees with one or more other
persons to engage in the manufacture or production of a forged or
counterfeit instrument; and
(B) the person and one or more of the other
persons perform an overt act in pursuance of the agreement.
(3) "Instrument" means a driver's license, commercial
driver's license, or personal identification certificate.
(4) "Public servant" has the meaning assigned by
Section 1.07, Penal Code.
(b) A person commits an offense if the person establishes,
maintains, or participates in or conspires to establish, maintain,
or participate in a combination or criminal street gang, or
participates in the profits of a combination or criminal street
gang, with the intent to manufacture or produce a forged or
counterfeit instrument for the purpose of selling, distributing, or
delivering the instrument. An agreement that constitutes
conspiring to manufacture or produce may be inferred from the acts
of the parties.
(c) An offense under this section is a state jail felony,
except that an offense committed by a public servant is a felony of
the third degree.
SECTION 6.09. Section 548.005, Transportation Code, is
amended to read as follows:
Sec. 548.005. INSPECTION ONLY BY STATE-CERTIFIED AND
SUPERVISED INSPECTION STATION. A compulsory inspection under this
chapter may be made only by an inspection station, except that the
department may:
(1) permit inspection to be made by an inspector under
terms and conditions the department prescribes; [and]
(2) authorize the acceptance in this state of a
certificate of inspection and approval issued in another state
having a similar inspection law; and
(3) authorize the acceptance in this state of a
certificate of inspection and approval issued in compliance with 49
C.F.R. Part 396 to a motor bus, as defined by Section 502.001, that
is registered in this state but is not domiciled in this state.
SECTION 6.10. Section 708.157(c), Transportation Code, is
amended to read as follows:
(c) The department by rule shall [may] establish an
indigency program for holders of a driver's license on which a
surcharge has been assessed for certain offenses, as determined by
the department.
SECTION 6.11. Section 22.0834, Education Code, is amended
by adding Subsections (k), (l), (m), (n), (o), and (p) to read as
follows:
(k) The requirements of this section apply to an entity that
contracts directly with a school district, open-enrollment charter
school, or shared services arrangement and any subcontractor of the
entity.
(l) A contracting entity shall require that a
subcontracting entity obtain all criminal history record
information that relates to an employee to whom Subsection (a)
applies. If a contracting or subcontracting entity determines that
Subsection (a) does not apply to an employee, the contracting or
subcontracting entity shall make a reasonable effort to ensure that
the conditions or precautions that resulted in the determination
that Subsection (a) did not apply to the employee continue to exist
throughout the time that the contracted services are provided.
(m) A contracting entity complies with the requirements of
this section if the contracting entity obtains a written statement
from each subcontracting entity certifying that the subcontracting
entity has obtained the required criminal history record
information for employees of the subcontracting entity and the
subcontracting entity has obtained certification from each of the
subcontracting entity's subcontractors.
(n) A subcontracting entity must certify to the school
district, open-enrollment charter school, or shared services
arrangement and the contracting entity that the subcontracting
entity has obtained all criminal history record information that
relates to an employee to whom Subsection (a) applies and has
obtained similar written certifications from the subcontracting
entity's subcontractors.
(o) A contracting or subcontracting entity may not permit an
employee to whom Subsection (a) applies to provide services at a
school if the employee has been convicted of a felony or misdemeanor
offense that would prevent a person from obtaining certification as
an educator under Section 21.060.
(p) In this section:
(1) "Contracting entity" means an entity that
contracts directly with a school district, open-enrollment charter
school, or shared services arrangement to provide services to the
school district, open-enrollment charter school, or shared
services arrangement.
(2) "Subcontracting entity" means an entity that
contracts with another entity that is not a school district,
open-enrollment charter school, or shared services arrangement to
provide services to a school district, open-enrollment charter
school, or shared services arrangement.
ARTICLE 7. TEXAS RANGERS' UNSOLVED CRIMES INVESTIGATION TEAM
SECTION 7.01. The heading to Subchapter J, Chapter 411,
Government Code, is amended to read as follows:
SUBCHAPTER J. UNSOLVED CRIMES INVESTIGATION PROGRAM [TEAM]
SECTION 7.02. Section 411.262, Government Code, is amended
to read as follows:
Sec. 411.262. UNSOLVED CRIMES INVESTIGATION PROGRAM
[TEAM]. (a) The unsolved crimes investigation program [team] is
an investigative program [investigatory unit] within the
department.
(b) The program is a function [team will be located at the
headquarters] of the Texas Rangers [in Austin, Texas,] and will be
commanded by the chief of the Texas Rangers.
(c) The director may employ commissioned peace officers and
noncommissioned employees to perform duties required of the program
[team].
(d) To be eligible for employment under this section, a
peace officer must be a sergeant or higher-ranked officer of the
Texas Rangers and must have [not less than four years of experience
as a peace officer and:
[(1) a degree from an accredited institution of higher
education in law, accounting, or computer science; or
[(2)] two or more years of experience in the
investigation of homicides or other major felonies.
(e) To be eligible for employment under this section, a
noncommissioned employee must meet the experience, training, and
educational qualifications set by the director as requirements for
investigating or assisting in the investigation of an unsolved
crime.
SECTION 7.03. Section 411.263, Government Code, is amended
to read as follows:
Sec. 411.263. ASSISTANCE ON REQUEST. On the request of an
attorney representing the state and with the approval of the
director, employees of the unsolved crimes investigation program
[team] of the department may assist local law enforcement in the
investigation of crime.
SECTION 7.04. This article takes effect immediately if this
Act receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this article takes effect September 1, 2009.
ARTICLE 8. DISSEMINATION OF EMERGENCY PUBLIC SERVICE MESSAGES
SECTION 8.01. Section 418.047, Government Code, is amended
by adding Subsection (a-1) to read as follows:
(a-1) The division shall coordinate with the Texas
Department of Transportation to establish additional methods for
disseminating emergency public service messages to motorists,
including:
(1) severe weather advisories;
(2) AMBER alerts under Subchapter L, Chapter 411; and
(3) silver alerts under Subchapter M, Chapter 411.
ARTICLE 9. AUTHORITY OF DEPARTMENT TO OBTAIN AND USE CRIMINAL
HISTORY RECORD INFORMATION FOR CERTAIN DEPARTMENTAL AUTHORIZATIONS
SECTION 9.01. Subchapter F, Chapter 411, Government Code,
is amended by adding Section 411.0891 to read as follows:
Sec. 411.0891. DEPARTMENT ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: CERTAIN DEPARTMENTAL AUTHORIZATIONS. (a) Subject to
Section 411.087, the department is authorized to obtain and use
criminal history record information maintained by the Federal
Bureau of Investigation or the department that relates to a person
who:
(1) is an applicant for or holds a registration issued
by the director under Subchapter C, Chapter 481, Health and Safety
Code, that authorizes the person to manufacture, distribute,
analyze, or conduct research with a controlled substance;
(2) is an applicant for or holds a chemical precursor
transfer permit issued by the director under Section 481.078,
Health and Safety Code;
(3) is an applicant for or holds a chemical laboratory
apparatus transfer permit issued by the director under Section
481.081, Health and Safety Code;
(4) is an applicant for certification by the
department as an inspection station or an inspector under
Subchapter G, Chapter 548, Transportation Code, holds an inspection
station or inspector certificate issued under that subchapter, or
is the owner of an inspection station operating under that chapter;
or
(5) is an applicant for approval or has been approved
as a program sponsor by the department under Chapter 662,
Transportation Code, is an applicant for certification by the
department as an instructor under that chapter, or holds an
instructor certificate issued under that chapter.
(b) The department may release or disclose criminal history
record information obtained or used by the department for a purpose
described by Subsection (a) to another person or agency only:
(1) in a criminal proceeding;
(2) in a hearing conducted by the department;
(3) under an order from a court; or
(4) with the consent of the person who is the subject
of the criminal history record information.
(c) This section may not be construed to limit the authority
of the department to disseminate criminal history record
information as provided by Section 411.083.
SECTION 9.02. This article takes effect immediately if this
Act receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this article takes effect September 1, 2009.
ARTICLE 9A. DISCLOSURE OF CRIMINAL HISTORY RECORD INFORMATION
REGARDING PUBLIC SCHOOL EMPLOYEES
SECTION 9A.01. Section 411.084, Government Code, is amended
by amending Subsection (a) and adding Subsections (a-1) and (c) to
read as follows:
(a) Criminal history record information obtained from the
department under this subchapter, including any identification
information that could reveal the identity of a person about whom
criminal history record information is requested and information
that directly or indirectly indicates or implies involvement of a
person in the criminal justice system:
(1) is for the exclusive use of the authorized
recipient of the information; and
(2) may be disclosed or used by the recipient only if,
and only to the extent that, disclosure or use is authorized or
directed by:
(A) this subchapter;
(B) another statute;
(C) a rule adopted under a statute; or
(D) an order of a court of competent
jurisdiction.
(a-1) The term "criminal history record" information under
Subsection (a) does not refer to any specific document produced to
comply with this subchapter but to the information contained,
wholly or partly, in a document's original form or any subsequent
form or use.
(c) An agency or individual may not confirm the existence or
nonexistence of criminal history record information to any person
that is not eligible to receive the information.
SECTION 9A.02. Sections 411.090(b) and (c), Government Code,
are amended to read as follows:
(b) Criminal history record information obtained by the
board in the original form or any subsequent form [under Subsection
(a)]:
(1) may be used only for a [any] purpose related to the
issuance, denial, suspension, or cancellation of a certificate
issued by the board;
(2) may not be released to any person except:
(A) the person who is the subject of the
information;
(B) the Texas Education Agency;
(C) a local or regional educational entity as
provided by Section 411.097; or
(D) by [on] court order [or with the consent of
the applicant for a certificate]; [and]
(3) is not subject to disclosure as provided by
Chapter 552; and
(4) shall be destroyed by the board after the
information is used for the authorized purposes.
(c) The department shall notify the State Board for Educator
Certification of the arrest of any educator, as defined by Section
5.001, Education Code, who has fingerprints on file with the
department. Any record of the notification and any information
contained in the notification is not subject to disclosure as
provided by Chapter 552.
SECTION 9A.03. Section 411.0901, Government Code, is
amended to read as follows:
Sec. 411.0901. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: TEXAS EDUCATION AGENCY. (a) The Texas Education
Agency is entitled to obtain criminal history record information
maintained by the department about a person who:
(1) is employed or is an applicant for employment by a
school district or open-enrollment charter school;
(2) is employed or is an applicant for employment by a
shared services arrangement, if the employee's or applicant's
duties are or will be performed on school property or at another
location where students are regularly present; or
(3) is employed or is an applicant for employment by an
entity that contracts with a school district, open-enrollment
charter school, or shared services arrangement if:
(A) the employee or applicant has or will have
continuing duties relating to the contracted services; and
(B) the employee or applicant has or will have
direct contact with students.
(b) Criminal history record information obtained by the
agency in the original form or any subsequent form:
(1) may be used only for a purpose authorized by the
Education Code;
(2) may not be released to any person except:
(A) the person who is the subject of the
information;
(B) the State Board for Educator Certification;
(C) a local or regional educational entity as
provided by Section 411.097; or
(D) by court order;
(3) is not subject to disclosure as provided by
Chapter 552; and
(4) shall be destroyed by the agency after the
information is used for the authorized purposes.
SECTION 9A.04. Section 411.097, Government Code, is amended
by amending Subsection (d) and adding Subsection (f) to read as
follows:
(d) Criminal history record information obtained by a
school district, charter school, private school, service center,
commercial transportation company, or shared services arrangement
in the original form or any subsequent form:
(1) [under Subsection (a), (b), or (c)] may not be
released [or disclosed] to any person except:
(A) [, other than] the individual who is the
subject of the information;
(B) [,] the Texas Education Agency;
(C) [,] the State Board for Educator
Certification;
(D) [, or] the chief personnel officer of the
transportation company, if the information is obtained under
Subsection (a)(2); or
(E) by court order;
(2) is not subject to disclosure as provided by
Chapter 552; and
(3) shall be destroyed by the school district, charter
school, private school, service center, commercial transportation
company, or shared services arrangement on the earlier of:
(A) the first anniversary of the date the
information was originally obtained; or
(B) the date the information is used for the
authorized purpose.
(f) An employee of a school district, charter school,
private school, regional education service center, commercial
transportation company, or education shared services arrangement
or an entity that contracts to provide services to a school
district, charter school, or shared services arrangement may
request from the employer a copy of any criminal history record
information relating to that employee that the employer has
obtained as provided by Subchapter C, Chapter 22, Education Code.
The employer may charge a fee to an employee requesting a copy of
the information in an amount not to exceed the actual cost of
copying the requested criminal history record information.
SECTION 9A.05. Subchapter C, Chapter 22, Education Code, is
amended by adding Section 22.08391 to read as follows:
Sec. 22.08391. CONFIDENTIALITY OF INFORMATION. (a)
Information collected about a person to comply with this
subchapter, including the person's name, address, phone number,
social security number, driver's license number, other
identification number, and fingerprint records:
(1) may not be released except:
(A) to comply with this subchapter;
(B) by court order; or
(C) with the consent of the person who is the
subject of the information;
(2) is not subject to disclosure as provided by
Chapter 552, Government Code; and
(3) shall be destroyed by the requestor or any
subsequent holder of the information not later than the first
anniversary of the date the information is received.
(b) Any criminal history record information received by the
State Board for Educator Certification as provided by this
subchapter is subject to Section 411.090(b), Government Code.
(c) Any criminal history record information received by the
agency as provided by this subchapter is subject to Section
411.0901(b), Government Code.
(d) Any criminal history record information received by a
school district, charter school, private school, regional
education service center, commercial transportation company, or
education shared services arrangement or an entity that contracts
to provide services to a school district, charter school, or shared
services arrangement as provided by this subchapter is subject to
Section 411.097(d), Government Code.
SECTION 9A.06. The change in law made by this article
applies to information collected, assembled, or maintained before,
on, or after the effective date of this article.
ARTICLE 10. COLLECTION, MAINTENANCE, AND TRANSFER AND OTHER
DISSEMINATION OF CRIMINAL HISTORY RECORD INFORMATION AND JUVENILE
JUSTICE INFORMATION
SECTION 10.01. Section 411.042(b), Government Code, as
amended by Chapters 70 (H.B. 76), 1306 (S.B. 839), and 1372 (S.B.
9), Acts of the 80th Legislature, Regular Session, 2007, is
reenacted and amended to read as follows:
(b) The bureau of identification and records shall:
(1) procure and file for record photographs, pictures,
descriptions, fingerprints, measurements, and other pertinent
information of all persons arrested for or charged with a criminal
offense or convicted of a criminal offense, regardless of whether
the conviction is probated;
(2) collect information concerning the number and
nature of offenses reported or known to have been committed in the
state and the legal steps taken in connection with the offenses, and
other information useful in the study of crime and the
administration of justice, including information that enables the
bureau to create a statistical breakdown of offenses in which
family violence was involved and a statistical breakdown of
offenses under Sections 22.011 and 22.021, Penal Code;
(3) make ballistic tests of bullets and firearms and
chemical analyses of bloodstains, cloth, materials, and other
substances for law enforcement officers of the state;
(4) cooperate with identification and crime records
bureaus in other states and the United States Department of
Justice;
(5) maintain a list of all previous background checks
for applicants for any position regulated under Chapter 1702,
Occupations Code, who have undergone a criminal history background
check under Section 411.119, if the check indicates a Class B
misdemeanor or equivalent offense or a greater offense;
(6) collect information concerning the number and
nature of protective orders and all other pertinent information
about all persons on active protective orders. Information in the
law enforcement information system relating to an active protective
order shall include:
(A) the name, sex, race, date of birth, personal
descriptors, address, and county of residence of the person to whom
the order is directed;
(B) any known identifying number of the person to
whom the order is directed, including the person's social security
number or driver's license number;
(C) the name and county of residence of the
person protected by the order;
(D) the residence address and place of employment
or business of the person protected by the order, unless that
information is excluded from the order under Section 85.007, Family
Code;
(E) the child-care facility or school where a
child protected by the order normally resides or which the child
normally attends, unless that information is excluded from the
order under Section 85.007, Family Code;
(F) the relationship or former relationship
between the person who is protected by the order and the person to
whom the order is directed; and
(G) the date the order expires; [and]
(7) grant access to criminal history record
information in the manner authorized under Subchapter F;
(8) [(7)] collect and disseminate information
regarding offenders with mental impairments in compliance with
Chapter 614, Health and Safety Code; and
(9) record data and maintain a state database for a
computerized criminal history record system and computerized
juvenile justice information system that serves:
(A) as the record creation point for criminal
history record information and juvenile justice information
maintained by the state; and
(B) as the control terminal for the entry of
records, in accordance with federal law and regulations, federal
executive orders, and federal policy, into the federal database
maintained by the Federal Bureau of Investigation.
SECTION 10.02. Section 411.083(b), Government Code, is
amended to read as follows:
(b) The department shall grant access to criminal history
record information to:
(1) criminal justice agencies;
(2) noncriminal justice agencies authorized by
federal statute or executive order or by state statute to receive
criminal history record information;
(3) the person who is the subject of the criminal
history record information;
(4) a person working on a research or statistical
project that:
(A) is funded in whole or in part by state funds;
or
(B) meets the requirements of Part 22, Title 28,
Code of Federal Regulations, and is approved by the department;
(5) an individual or an agency that has a specific
agreement with a criminal justice agency to provide services
required for the administration of criminal justice under that
agreement, if the agreement:
(A) specifically authorizes access to
information;
(B) limits the use of information to the purposes
for which it is given;
(C) ensures the security and confidentiality of
the information; [and]
(D) provides for sanctions if a requirement
imposed under Paragraph (A), (B), or (C) is violated; and
(E) requires the individual or agency to perform
the applicable services in a manner prescribed by the department;
(6) an individual or an agency that has a specific
agreement with a noncriminal justice agency to provide services
related to the use of criminal history record information
disseminated under this subchapter, if the agreement:
(A) specifically authorizes access to
information;
(B) limits the use of information to the purposes
for which it is given;
(C) ensures the security and confidentiality of
the information; [and]
(D) provides for sanctions if a requirement
imposed under Paragraph (A), (B), or (C) is violated; and
(E) requires the individual or agency to perform
the applicable services in a manner prescribed by the department;
(7) a county or district clerk's office; and
(8) the Office of Court Administration of the Texas
Judicial System.
SECTION 10.03. Section 411.084(b), Government Code, is
amended to read as follows:
(b) Notwithstanding Subsection (a) or any other provision
in this subchapter, criminal history record information obtained
from the Federal Bureau of Investigation may be released or
disclosed only to a governmental entity or as authorized by federal
law and regulations [statute, federal rule], [or] federal executive
orders, and federal policy [order].
SECTION 10.04. Sections 411.0845(e), (i), and (k),
Government Code, are amended to read as follows:
(e) A person entitled to receive criminal history record
information under this section must provide the department with the
following information regarding the person who is the subject of
the criminal history record information requested:
(1) the person's full name, date of birth, sex, [Texas
driver's license number or personal identification certificate
number,] and social security number, and the number assigned to any
form of unexpired identification card issued by this state or
another state, the District of Columbia, or a territory of the
United States that includes the person's photograph;
(2) a recent electronic digital image photograph of
the person and a complete set of the person's fingerprints as
required by the department; and
(3) any other information required by the department.
(i) The release under this section of any criminal history
record information maintained by the Federal Bureau of
Investigation, including the computerized information submitted to
the federal database maintained by the Federal Bureau of
Investigation as described by Section 411.042(b)(9)(B), is subject
to federal law and regulations, federal executive orders, and
federal policy.
(k) A governmental agency may coordinate with the
department regarding the use of the fingerprinting fee collection
process to collect [collection of] a fee for the criminal history
record information and any other fees associated with obtaining a
person's fingerprints as required by the department [through the
fingerprinting fee collection process].
SECTION 10.05. Section 411.085(a), Government Code, is
amended to read as follows:
(a) A person commits an offense if the person knowingly or
intentionally:
(1) obtains criminal history record information in an
unauthorized manner, uses the information for an unauthorized
purpose, or discloses the information to a person who is not
entitled to the information;
[(2) provides a person with a copy of the person's
criminal history record information obtained from the department;]
or
(2) [(3)] violates a rule of the department adopted
under this subchapter.
SECTION 10.06. Section 411.094(d), Government Code, is
amended to read as follows:
(d) Criminal history record information received by an
institution of higher education under Subsection (b) may not be
released or disclosed to any person except on court order or with
the consent of the person who is the subject of the criminal history
record information.
SECTION 10.07. Section 411.0985(c), Government Code, is
amended to read as follows:
(c) The Texas Commission for the Blind may not release or
disclose information obtained under Subsection (a) except on court
order or with the consent of the person who is the subject of the
criminal history record information.
SECTION 10.08. Section 411.1005(b), Government Code, is
amended to read as follows:
(b) Information received by the state bar is confidential
and may be disseminated only:
(1) in a disciplinary action or proceeding conducted
by the state bar, the Board of Disciplinary Appeals, or any court;
or
(2) with the consent of the person who is the subject
of the criminal history record information.
SECTION 10.09. Section 411.1131(c), Government Code, is
amended to read as follows:
(c) The Texas Commission for the Deaf and Hard of Hearing
may not release or disclose information obtained under Subsection
(a), except on court order or with the consent of the person who is
the subject of the criminal history record information, and shall
destroy all criminal history record information obtained under
Subsection (a) after the information is used for its authorized
purpose.
SECTION 10.10. Section 411.1182(c), Government Code, is
amended to read as follows:
(c) Criminal history information obtained from the
department may not be released or disclosed except:
(1) as needed in protecting the security of a
commercial nuclear power plant;
(2) [or] as authorized by the United States Nuclear
Regulatory Commission, a court order, or a federal or state law or
order; or
(3) with the consent of the person who is the subject
of the criminal history record information.
SECTION 10.11. Section 411.120(b), Government Code, is
amended to read as follows:
(b) Criminal history record information obtained by a
county judge under Subsection (a) may not be released or disclosed
to any person except in a hearing held under Chapter 25 or 69,
Alcoholic Beverage Code, or with the consent of the person who is
the subject of the criminal history record information.
SECTION 10.12. Section 411.1236(b), Government Code, is
amended to read as follows:
(b) Criminal history record information obtained by the
Texas Commission on Fire Protection under Subsection (a) may not be
released to any person or agency except on court order or with the
consent of the person who is the subject of the criminal history
record information, or if [unless] the information is entered into
evidence by the board in an administrative, civil, or criminal
hearing under Chapter 419.
SECTION 10.13. Section 411.136(e), Government Code, is
amended to read as follows:
(e) All criminal history record information received by a
public or nonprofit hospital or hospital district under this
section is privileged, confidential, and intended for the exclusive
use of the entity that obtained the information. The hospital or
district may not release or disclose criminal history record
information to any person or agency except in a criminal
proceeding, in a hearing conducted by the hospital or district, to
another governmental entity as required by law, [or] as required by
court order, or with the consent of the person who is the subject of
the criminal history record information.
SECTION 10.14. Section 411.139(b), Government Code, is
amended to read as follows:
(b) Criminal history record information obtained by the
securities commissioner under this section may not be released by
any person or agency except on court order or with the consent of
the person who is the subject of the criminal history record
information, unless the information is entered into evidence by the
State Securities Board or a court at an administrative proceeding
or a civil or criminal action under The Securities Act (Article
581-1 et seq., Vernon's Texas Civil Statutes).
SECTION 10.15. Section 411.140(b), Government Code, is
amended to read as follows:
(b) Information received by the State Commission on
Judicial Conduct is confidential and may be disseminated only in an
investigation or proceeding conducted by the commission or with the
consent of the person who is the subject of the criminal history
record information.
SECTION 10.16. Section 411.1402(c), Government Code, is
amended to read as follows:
(c) The Employees Retirement System of Texas may not release
or disclose information obtained under Subsection (a) except on
court order or with the consent of the person who is the subject of
the criminal history record information.
SECTION 10.17. Section 411.1406(d), Government Code, as
added by Chapter 406 (S.B. 885), Acts of the 80th Legislature,
Regular Session, 2007, is amended to read as follows:
(d) The court may not release or disclose information
obtained under Subsection (b) except on order of a district court or
with the consent of the person who is the subject of the criminal
history record information.
SECTION 10.18. To the extent of any conflict, this article
prevails over another Act of the 81st Legislature, Regular Session,
2009, relating to nonsubstantive additions to and corrections in
enacted codes.
SECTION 10.19. This article takes effect immediately if
this Act receives a vote of two-thirds of all the members elected to
each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this article takes effect September 1, 2009.
ARTICLE 11. ADMINISTRATION OF CERTAIN PROVISIONS AFFECTING THE
LICENSING OF PERSONS TO CARRY A CONCEALED HANDGUN
SECTION 11.01. Section 411.1711, Government Code, is
amended to read as follows:
Sec. 411.1711. CERTAIN EXEMPTIONS FROM CONVICTIONS. A
person is not convicted, as that term is defined by Section 411.171,
if an order of deferred adjudication was entered against the person
on a date not less than 10 years preceding the date of the person's
application for a license under this subchapter unless the order of
deferred adjudication was entered against the person for:
(1) a felony [an] offense under:
(A) Title 5, Penal Code;
(B) [, or] Chapter 29, Penal Code;
(C) Section 25.07, Penal Code; or
(D) Section 30.02, Penal Code, if the offense is
punishable under Subsection (c)(2) or (d) of that section; or
(2) an offense under the laws of another state if the
offense contains elements that are substantially similar to the
elements of an offense listed in Subdivision (1).
SECTION 11.02. Section 411.171(4), Government Code, is
amended to read as follows:
(4) "Convicted" means an adjudication of guilt or,
except as provided in Section 411.1711, an order of deferred
adjudication entered against a person by a court of competent
jurisdiction whether or not the imposition of the sentence is
subsequently probated and the person is discharged from community
supervision. The term does not include an adjudication of guilt or
an order of deferred adjudication that has been subsequently:
(A) expunged; [or]
(B) pardoned under the authority of a state or
federal official; or
(C) otherwise vacated, set aside, annulled,
invalidated, voided, or sealed under any state or federal law.
SECTION 11.03. Section 411.172, Government Code, is amended
by amending Subsections (a), (b), (d), and (e) and adding
Subsection (b-1) to read as follows:
(a) A person is eligible for a license to carry a concealed
handgun if the person:
(1) is a legal resident of this state for the six-month
period preceding the date of application under this subchapter or
is otherwise eligible for a license under Section 411.173(a);
(2) is at least 21 years of age;
(3) has not been convicted of a felony;
(4) is not charged with the commission of a Class A or
Class B misdemeanor or equivalent offense, or of an offense under
Section 42.01, Penal Code, or equivalent offense, or of a felony
under an information or indictment;
(5) is not a fugitive from justice for a felony or a
Class A or Class B misdemeanor or equivalent offense;
(6) is not a chemically dependent person;
(7) is not incapable of exercising sound judgment with
respect to the proper use and storage of a handgun;
(8) has not, in the five years preceding the date of
application, been convicted of a Class A or Class B misdemeanor or
equivalent offense or of an offense under Section 42.01, Penal
Code, or equivalent offense;
(9) is fully qualified under applicable federal and
state law to purchase a handgun;
(10) has not been finally determined to be delinquent
in making a child support payment administered or collected by the
attorney general;
(11) has not been finally determined to be delinquent
in the payment of a tax or other money collected by the comptroller,
the tax collector of a political subdivision of the state, or any
agency or subdivision of the state;
(12) [has not been finally determined to be in default
on a loan made under Chapter 57, Education Code;
[(13)] is not currently restricted under a court
protective order or subject to a restraining order affecting the
spousal relationship, other than a restraining order solely
affecting property interests;
(13) [(14)] has not, in the 10 years preceding the
date of application, been adjudicated as having engaged in
delinquent conduct violating a penal law of the grade of felony; and
(14) [(15)] has not made any material
misrepresentation, or failed to disclose any material fact, in an
application submitted pursuant to Section 411.174 [or in a request
for application submitted pursuant to Section 411.175].
(b) For the purposes of this section, an offense under the
laws of this state, another state, or the United States is:
(1) except as provided by Subsection (b-1), a felony
if the offense, at the time the offense is committed [of a person's
application for a license to carry a concealed handgun]:
(A) is designated by a law of this state as a
felony;
(B) contains all the elements of an offense
designated by a law of this state as a felony; or
(C) is punishable by confinement for one year or
more in a penitentiary; and
(2) a Class A misdemeanor if the offense is not a
felony and confinement in a jail other than a state jail felony
facility is affixed as a possible punishment.
(b-1) An offense is not considered a felony for purposes of
Subsection (b) if, at the time of a person's application for a
license to carry a concealed handgun, the offense:
(1) is not designated by a law of this state as a
felony; and
(2) does not contain all the elements of any offense
designated by a law of this state as a felony.
(d) For purposes of Subsection (a)(7), a person is incapable
of exercising sound judgment with respect to the proper use and
storage of a handgun if the person:
(1) has been diagnosed by a licensed physician as
suffering from a psychiatric disorder or condition that causes or
is likely to cause substantial impairment in judgment, mood,
perception, impulse control, or intellectual ability;
(2) suffers from a psychiatric disorder or condition
described by Subdivision (1) that:
(A) is in remission but is reasonably likely to
redevelop at a future time; or
(B) requires continuous medical treatment to
avoid redevelopment;
(3) has been diagnosed by a licensed physician,
determined by a review board or similar authority, or declared by a
court to be incompetent to manage the person's own affairs; or
(4) has entered in a criminal proceeding a plea of not
guilty by reason of insanity.
(e) The following constitutes evidence that a person has a
psychiatric disorder or condition described by Subsection (d)(1):
(1) involuntary psychiatric hospitalization [in the
preceding five-year period];
(2) psychiatric hospitalization [in the preceding
two-year period];
(3) inpatient or residential substance abuse
treatment in the preceding five-year period;
(4) diagnosis in the preceding five-year period by a
licensed physician that the person is dependent on alcohol, a
controlled substance, or a similar substance; or
(5) diagnosis at any time by a licensed physician that
the person suffers or has suffered from a psychiatric disorder or
condition consisting of or relating to:
(A) schizophrenia or delusional disorder;
(B) bipolar disorder;
(C) chronic dementia, whether caused by illness,
brain defect, or brain injury;
(D) dissociative identity disorder;
(E) intermittent explosive disorder; or
(F) antisocial personality disorder.
SECTION 11.04. Sections 411.174(a) and (b), Government
Code, are amended to read as follows:
(a) An applicant for a license to carry a concealed handgun
must submit to the director's designee described by Section
411.176:
(1) a completed application on a form provided by the
department that requires only the information listed in Subsection
(b);
(2) one or more [two recent color passport]
photographs of the applicant that meet the requirements of the
department [, except that an applicant who is younger than 21 years
of age must submit two recent color passport photographs in profile
of the applicant];
(3) a certified copy of the applicant's birth
certificate or certified proof of age;
(4) proof of residency in this state;
(5) two complete sets of legible and classifiable
fingerprints of the applicant taken by a person appropriately
trained in recording fingerprints who is employed by a law
enforcement agency or by a private entity designated by a law
enforcement agency as an entity qualified to take fingerprints of
an applicant for a license under this subchapter;
(6) a nonrefundable application and license fee of
$140 paid to the department;
(7) evidence of [a] handgun proficiency, in the form
and manner required by the department [certificate described by
Section 411.189];
(8) an affidavit signed by the applicant stating that
the applicant:
(A) has read and understands each provision of
this subchapter that creates an offense under the laws of this state
and each provision of the laws of this state related to use of
deadly force; and
(B) fulfills all the eligibility requirements
listed under Section 411.172; and
(9) a form executed by the applicant that authorizes
the director to make an inquiry into any noncriminal history
records that are necessary to determine the applicant's eligibility
for a license under Section 411.172(a).
(b) An applicant must provide on the application a statement
of the applicant's:
(1) full name and place and date of birth;
(2) race and sex;
(3) residence and business addresses for the preceding
five years;
(4) hair and eye color;
(5) height and weight;
(6) driver's license number or identification
certificate number issued by the department;
(7) criminal history record information of the type
maintained by the department under this chapter, including a list
of offenses for which the applicant was arrested, charged, or under
an information or indictment and the disposition of the offenses;
and
(8) history [during the preceding five years], if any,
of treatment received by, commitment to, or residence in:
(A) a drug or alcohol treatment center licensed
to provide drug or alcohol treatment under the laws of this state or
another state, but only if the treatment, commitment, or residence
occurred during the preceding five years; or
(B) a psychiatric hospital.
SECTION 11.05. Section 411.176, Government Code, is amended
to read as follows:
Sec. 411.176. REVIEW OF APPLICATION MATERIALS. (a) On
receipt of [the] application materials by the department at its
Austin headquarters, the department shall conduct the appropriate
criminal history record check of the applicant through its
computerized criminal history system. Not later than the 30th day
after the date the department receives the application materials,
the department shall forward the materials to the director's
designee in the geographical area of the applicant's residence so
that the designee may conduct the investigation described by
Subsection (b). For purposes of this section, the director's
designee may be a noncommissioned employee of the department.
(b) The director's designee as needed shall conduct an
additional criminal history record check of the applicant and an
investigation of the applicant's local official records to verify
the accuracy of the application materials. The director's designee
may access any records necessary for purposes of this subsection.
The scope of the record check and the investigation are at the sole
discretion of the department, except that the director's designee
shall complete the record check and investigation not later than
the 60th day after the date the department receives the application
materials. The department shall send a fingerprint card to the
Federal Bureau of Investigation for a national criminal history
check of the applicant. On completion of the investigation, the
director's designee shall return all materials and the result of
the investigation to the appropriate division of the department at
its Austin headquarters.
(c) The director's designee may submit to the appropriate
division of the department, at the department's Austin
headquarters, along with the application materials a written
recommendation for disapproval of the application, accompanied by
an affidavit stating personal knowledge or naming persons with
personal knowledge of a ground for denial under Section 411.172.
The director's designee [in the appropriate geographical area] may
also submit the application and the recommendation that the license
be issued.
(d) On receipt at the department's Austin headquarters of
the application materials and the result of the investigation by
the director's designee, the department shall conduct any further
record check or investigation the department determines is
necessary if a question exists with respect to the accuracy of the
application materials or the eligibility of the applicant, except
that the department shall complete the record check and
investigation not later than the 180th day after the date the
department receives the application materials from the applicant.
SECTION 11.06. Sections 411.177(a) and (b), Government
Code, are amended to read as follows:
(a) The department shall issue a license to carry a
concealed handgun to an applicant if the applicant meets all the
eligibility requirements and submits all the application
materials. The department may issue a license to carry handguns
only of the categories for which the applicant has demonstrated
proficiency in the form and manner required by the department
[indicated on the applicant's certificate of proficiency issued
under Section 411.189]. The department shall administer the
licensing procedures in good faith so that any applicant who meets
all the eligibility requirements and submits all the application
materials shall receive a license. The department may not deny an
application on the basis of a capricious or arbitrary decision by
the department.
(b) The department shall, not later than the 60th day after
the date of the receipt by the director's designee of the completed
application materials:
(1) issue the license;
(2) notify the applicant in writing that the
application was denied:
(A) on the grounds that the applicant failed to
qualify under the criteria listed in Section 411.172;
(B) based on the affidavit of the director's
designee submitted to the department under Section 411.176(c)
[411.176(b)]; or
(C) based on the affidavit of the qualified
handgun instructor submitted to the department under Section
411.188(k) [411.189(c)]; or
(3) notify the applicant in writing that the
department is unable to make a determination regarding the issuance
or denial of a license to the applicant within the 60-day period
prescribed by this subsection and include in that notification an
explanation of the reason for the inability and an estimation of the
amount of time the department will need to make the determination.
SECTION 11.07. Section 411.179(c), Government Code, as
added by Chapter 1222 (H.B. 2300), Acts of the 80th Legislature,
Regular Session, 2007, is amended to read as follows:
(c) In adopting the form of the license under Subsection
(a), the department shall establish a procedure for the license of a
qualified handgun instructor or of a judge, justice, prosecuting
attorney, or assistant prosecuting attorney, as described by
Section 46.15(a)(4) or (6), Penal Code, to indicate on the license
the license holder's status as a qualified handgun instructor or as
a judge, justice, district attorney, criminal district attorney, or
county attorney. In establishing the procedure, the department
shall require sufficient documentary evidence to establish the
license holder's status under this subsection.
SECTION 11.08. Sections 411.181(a) and (b), Government
Code, as amended by Chapters 594 (H.B. 41) and 1222 (H.B. 2300),
Acts of the 80th Legislature, Regular Session, 2007, are reenacted
and amended to read as follows:
(a) If a person who is a current license holder moves from
any residence [the] address stated on the license [to a new
residence address], if the name of the person is changed by marriage
or otherwise, or if the person's status [as a judge, justice,
district attorney, prosecuting attorney, or assistant prosecuting
attorney, as a federal judge, a state judge, or the spouse of a
federal judge or state judge,] becomes inapplicable for purposes of
the information required to be displayed on the license under
Section 411.179 [411.179(c)], the person shall, not later than the
30th day after the date of the address, name, or status change,
notify the department and provide the department with the number of
the person's license and, as applicable, the person's:
(1) former and new addresses; [or]
(2) former and new names; or
(3) former and new status.
(b) If the name of the license holder is changed by marriage
or otherwise, or if the person's status [as a federal judge or state
judge, or the spouse of a federal judge or state judge] becomes
inapplicable as described by Subsection (a), the person shall apply
for a duplicate license. The duplicate license must reflect
[include] the person's current name, residence address, and status.
SECTION 11.09. Section 411.184(a), Government Code, is
amended to read as follows:
(a) To modify a license to allow a license holder to carry a
handgun of a different category than the license indicates, the
license holder must:
(1) complete a proficiency examination as provided by
Section 411.188(e);
[(2) obtain a handgun proficiency certificate under
Section 411.189 not more than six months before the date of
application for a modified license;] and
(2) [(3)] submit to the department:
(A) an application for a modified license on a
form provided by the department;
(B) evidence of [a copy of the] handgun
proficiency, in the form and manner required by the department
[certificate];
(C) payment of a modified license fee of $25; and
(D) one or more [two recent color passport]
photographs of the license holder that meet the requirements of the
department [, except that an applicant who is younger than 21 years
of age must submit two recent color passport photographs in profile
of the applicant].
SECTION 11.10. Section 411.185(a), Government Code, is
amended to read as follows:
(a) To renew a license, a license holder must:
(1) complete a continuing education course in handgun
proficiency under Section 411.188(c) within the six-month period
preceding:
(A) the date of application for renewal, for a
first or second renewal; and
(B) the date of application for renewal or the
date of application for the preceding renewal, for a third or
subsequent renewal, to ensure that the license holder is not
required to complete the course more than once in any 10-year
period;
[(2) obtain a handgun proficiency certificate under
Section 411.189 within the six-month period preceding:
[(A) the date of application for renewal, for a
first or second renewal; and
[(B) the date of application for renewal or the
date of application for the preceding renewal, for a third or
subsequent renewal, to ensure that the license holder is not
required to obtain the certificate more than once in any 10-year
period;] and
(2) [(3)] submit to the department:
(A) an application for renewal on a form provided
by the department;
(B) evidence of [a copy of the] handgun
proficiency, in the form and manner required by the department
[certificate];
(C) payment of a nonrefundable renewal fee as set
by the department; and
(D) one or more [two recent color passport]
photographs of the applicant that meet the requirements of the
department.
SECTION 11.11. Section 411.186(a), Government Code, is
amended to read as follows:
(a) The department shall revoke a [A] license [may be
revoked] under this section if the license holder:
(1) was not entitled to the license at the time it was
issued;
(2) made a material misrepresentation or failed to
disclose a material fact in an application submitted under this
subchapter [gave false information on the application];
(3) subsequently becomes ineligible for a license
under Section 411.172, unless the sole basis for the ineligibility
is that the license holder is charged with the commission of a Class
A or Class B misdemeanor or equivalent offense, or of an offense
under Section 42.01, Penal Code, or equivalent offense, or of a
felony under an information or indictment;
(4) is convicted of an offense under Section 46.035,
Penal Code;
(5) is determined by the department to have engaged in
conduct constituting a reason to suspend a license listed in
Section 411.187(a) after the person's license has been previously
suspended twice for the same reason; or
(6) submits an application fee that is dishonored or
reversed if the applicant fails to submit a cashier's check or money
order made payable to the "Department of Public Safety of the State
of Texas" in the amount of the dishonored or reversed fee, plus $25,
within 30 days of being notified by the department that the fee was
dishonored or reversed.
SECTION 11.12. Sections 411.187(a) and (c), Government
Code, are amended to read as follows:
(a) The department shall suspend a [A] license [may be
suspended] under this section if the license holder:
(1) is charged with the commission of a Class A or
Class B misdemeanor or equivalent offense, or of an offense under
Section 42.01, Penal Code, or equivalent offense, or of a felony
under an information or indictment;
(2) fails to display a license as required by Section
411.205;
(3) fails to notify the department of a change of
address, [or] name, or status as required by Section 411.181;
(4) carries a concealed handgun under the authority of
this subchapter of a different category than the license holder is
licensed to carry;
(5) fails to return a previously issued license after
a license is modified as required by Section 411.184(d);
(6) commits an act of family violence and is the
subject of an active protective order rendered under Title 4,
Family Code; or
(7) is arrested for an offense involving family
violence or an offense under Section 42.072, Penal Code, and is the
subject of an order for emergency protection issued under Article
17.292, Code of Criminal Procedure.
(c) The department shall suspend a [A] license [may be
suspended] under this section:
(1) for 30 days, if the person's license is subject to
suspension for a reason listed in Subsection (a)(3), (4), or (5),
except as provided by Subdivision (3);
(2) for 90 days, if the person's license is subject to
suspension for a reason listed in Subsection (a)(2), except as
provided by Subdivision (3);
(3) for not less than one year and not more than three
years, if the person's license:
(A) is subject to suspension for a reason listed
in Subsection (a), other than the reason listed in Subsection
(a)(1); [,] and
(B) [the person's license] has been previously
suspended for the same reason;
(4) until dismissal of the charges, if the person's
license is subject to suspension for the reason listed in
Subsection (a)(1); or
(5) for the duration of or the period specified by:
(A) the protective order issued under Title 4,
Family Code, if the person's license is subject to suspension for
the reason listed in Subsection (a)(6); or
(B) the order for emergency protection issued
under Article 17.292, Code of Criminal Procedure, if the person's
license is subject to suspension for the reason listed in
Subsection (a)(7).
SECTION 11.13. Section 411.188, Government Code, is amended
by amending Subsections (a), (g), (h), and (i) and adding
Subsection (k) to read as follows:
(a) The director by rule shall establish minimum standards
for handgun proficiency and shall develop a course to teach handgun
proficiency and examinations to measure handgun proficiency. The
course to teach handgun proficiency must contain training sessions
divided into two parts. One part of the course must be classroom
instruction and the other part must be range instruction and an
actual demonstration by the applicant of the applicant's ability to
safely and proficiently use the applicable category of handgun [for
which the applicant seeks certification]. An applicant must be
able to demonstrate [may not be certified unless the applicant
demonstrates], at a minimum, the degree of proficiency that is
required to effectively operate a handgun of .32 caliber or above.
The department shall distribute the standards, course
requirements, and examinations on request to any qualified handgun
instructor.
(g) A person who wishes to obtain or renew a license to carry
a concealed handgun must apply in person to a qualified handgun
instructor to take the appropriate course in handgun proficiency
and [,] demonstrate handgun proficiency as required by the
department[, and obtain a handgun proficiency certificate as
described by Section 411.189].
(h) A license holder who wishes to modify a license to allow
the license holder to carry a handgun of a different category than
the license indicates must apply in person to a qualified handgun
instructor to demonstrate the required knowledge and proficiency
[to obtain a handgun proficiency certificate] in that category [as
described by Section 411.189].
(i) A certified firearms instructor of the department may
monitor any class or training presented by a qualified handgun
instructor. A qualified handgun instructor shall cooperate with
the department in the department's efforts to monitor the
presentation of training by the qualified handgun instructor. A
qualified handgun instructor shall make available for inspection to
the department any and all records maintained by a qualified
handgun instructor under this subchapter. The qualified handgun
instructor shall keep a record of all [certificates of handgun
proficiency issued by the qualified handgun instructor and other]
information required by department rule.
(k) A qualified handgun instructor may submit to the
department a written recommendation for disapproval of the
application for a license, renewal, or modification of a license,
accompanied by an affidavit stating personal knowledge or naming
persons with personal knowledge of facts that lead the instructor
to believe that an applicant does not possess the required handgun
proficiency. The department may use a written recommendation
submitted under this subsection as the basis for denial of a license
only if the department determines that the recommendation is made
in good faith and is supported by a preponderance of the evidence.
The department shall make a determination under this subsection not
later than the 45th day after the date the department receives the
written recommendation. The 60-day period in which the department
must take action under Section 411.177(b) is extended one day for
each day a determination is pending under this subsection.
SECTION 11.14. Section 411.1882, Government Code, is
amended to read as follows:
Sec. 411.1882. EVIDENCE OF [EXEMPTION FROM] HANDGUN
PROFICIENCY [CERTIFICATE REQUIREMENT] FOR CERTAIN PERSONS. (a) A
person who is serving in this state as a judge or justice of a
federal court, as an active judicial officer, as defined by Section
411.201, or as a district attorney, assistant district attorney,
criminal district attorney, assistant criminal district attorney,
county attorney, or assistant county attorney may establish handgun
proficiency for the purposes of this subchapter by obtaining from a
handgun proficiency instructor approved by the Commission on Law
Enforcement Officer Standards and Education for purposes of Section
1702.1675, Occupations Code, a sworn statement that:
(1) indicates that the person, during the 12-month
period preceding the date of the person's application to the
department, demonstrated to the instructor proficiency in the use
of handguns; and
(2) designates the categories of handguns with respect
to which the person demonstrated proficiency [Notwithstanding any
other provision of this subchapter, a person may not be required to
submit to the department a handgun proficiency certificate to
obtain or renew a concealed handgun license issued under this
subchapter if:
[(1) the person is currently serving in this state as:
[(A) a judge or justice of a federal court;
[(B) an active judicial officer, as defined by
Section 411.201, Government Code; or
[(C) a district attorney, assistant district
attorney, criminal district attorney, assistant criminal district
attorney, county attorney, or assistant county attorney; and
[(2) a handgun proficiency instructor approved by the
Commission on Law Enforcement Officer Standards and Education for
purposes of Section 1702.1675, Occupations Code, makes a sworn
statement indicating that the person demonstrated proficiency to
the instructor in the use of handguns during the 12-month period
preceding the date of the person's application to the department
and designating the types of handguns with which the person
demonstrated proficiency].
(b) The director by rule shall adopt a procedure by which a
person described [who is exempt] under Subsection (a) [from the
handgun proficiency certificate requirement] may submit a form
demonstrating the person's qualification for an exemption under
that subsection. The form must provide sufficient information to
allow the department to verify whether the person qualifies for the
exemption.
(c) A license issued under this section automatically
expires on the six-month anniversary of the date the person's
status under Subsection (a) becomes inapplicable. A license that
expires under this subsection may be renewed under Section 411.185.
SECTION 11.15. Section 411.190, Government Code, is amended
by adding Subsection (d-1) to read as follows:
(d-1) The department shall ensure that an applicant may
renew certification under Subsection (d) from any county in this
state by using an online format to complete the required retraining
courses if:
(1) the applicant is renewing certification for the
first time; or
(2) the applicant completed the required retraining
courses in person the previous time the applicant renewed
certification.
SECTION 11.16. Sections 411.199(a) and (e), Government
Code, are amended to read as follows:
(a) A person who is licensed as a peace officer under
Chapter 1701, Occupations Code, [415] and who has been employed
full-time as a peace officer by a law enforcement agency may apply
for a license under this subchapter at any time after retirement.
(e) A retired peace officer who obtains a license under this
subchapter must maintain, for the category of weapon licensed, the
proficiency required for a peace officer under Section 1701.355,
Occupations Code [415.035]. The department or a local law
enforcement agency shall allow a retired peace officer of the
department or agency an opportunity to annually demonstrate the
required proficiency. The proficiency shall be reported to the
department on application and renewal.
SECTION 11.17. Section 411.1991(a), Government Code, is
amended to read as follows:
(a) A person who is licensed as a peace officer under
Chapter 1701, Occupations Code, [415] and is employed full-time as
a peace officer by a law enforcement agency may apply for a license
under this subchapter. The person shall submit to the department
two complete sets of legible and classifiable fingerprints and a
sworn statement of the head of the law enforcement agency employing
the applicant. A head of a law enforcement agency may not refuse to
issue a statement under this subsection. If the applicant alleges
that the statement is untrue, the department shall investigate the
validity of the statement. The statement must include:
(1) the name and rank of the applicant;
(2) whether the applicant has been accused of
misconduct at any time during the applicant's period of employment
with the agency and the disposition of that accusation;
(3) a description of the physical and mental condition
of the applicant;
(4) a list of the types of weapons the applicant has
demonstrated proficiency with during the preceding year; and
(5) a recommendation from the agency head that a
license be issued to the person under this subchapter.
SECTION 11.18. Sections 411.201(c) and (d), Government
Code, are amended to read as follows:
(c) An active judicial officer is eligible for a license to
carry a concealed handgun under the authority of this subchapter. A
retired judicial officer is eligible for a license to carry a
concealed handgun under the authority of this subchapter if the
officer:
(1) has not been convicted of a felony;
(2) has not, in the five years preceding the date of
application, been convicted of a Class A or Class B misdemeanor or
equivalent offense;
(3) is not charged with the commission of a Class A or
Class B misdemeanor or equivalent offense or of a felony under an
information or indictment;
(4) is not a chemically dependent person; and
(5) is not a person of unsound mind.
(d) An applicant for a license who is an active or retired
judicial officer must submit to the department:
(1) a completed application, including all required
affidavits, on a form prescribed by the department;
(2) one or more [two recent color passport]
photographs of the applicant that meet the requirements of the
department;
(3) two complete sets of legible and classifiable
fingerprints of the applicant, including one set taken by a person
employed by a law enforcement agency who is appropriately trained
in recording fingerprints;
(4) evidence of [a] handgun proficiency, in the form
and manner required by the department for an applicant under this
section [certificate issued to the applicant as evidence that the
applicant successfully completed the proficiency requirements of
this subchapter];
(5) [(4)] a nonrefundable application and license fee
set by the department in an amount reasonably designed to cover the
administrative costs associated with issuance of a license to carry
a concealed handgun under this subchapter; and
(6) [(5)] if the applicant is a retired judicial
officer,[:
[(A) two complete sets of legible and
classifiable fingerprints of the applicant taken by a person
employed by a law enforcement agency who is appropriately trained
in recording fingerprints; and
[(B)] a form executed by the applicant that
authorizes the department to make an inquiry into any noncriminal
history records that are necessary to determine the applicant's
eligibility for a license under this subchapter.
SECTION 11.19. Section 411.208, Government Code, is amended
by adding Subsection (e) to read as follows:
(e) The immunities granted under Subsection (a) to a
qualified handgun instructor do not apply to a cause of action for
fraud or a deceptive trade practice.
SECTION 11.20. Article 17.292(l), Code of Criminal
Procedure, is amended to read as follows:
(l) In the order for emergency protection, the magistrate
shall [may] suspend a license to carry a concealed handgun issued
under Subchapter H, Chapter 411 [Section 411.177], Government Code,
that is held by the defendant.
SECTION 11.21. Section 85.022(d), Family Code, is amended
to read as follows:
(d) In a protective order, the court shall [may] suspend a
license to carry a concealed handgun issued under Subchapter H,
Chapter 411 [Section 411.177], Government Code, that is held by a
person found to have committed family violence.
SECTION 11.22. Section 12.095(e), Health and Safety Code,
is amended to read as follows:
(e) The panel may require the applicant or license holder to
undergo a medical or other examination at the applicant's or
holder's expense. A person who conducts an examination under this
subsection may be compelled to testify before the panel and in any
subsequent proceedings under Subchapter H, Chapter 411, Government
Code, or Subchapter N, Chapter 521, Transportation Code, as
applicable, concerning the person's observations and findings.
SECTION 11.23. Section 12.097(b), Health and Safety Code,
is amended to read as follows:
(b) In a subsequent proceeding under Subchapter H, Chapter
411, Government Code, or Subchapter N, Chapter 521, Transportation
Code, the medical standards division may provide a copy of the
report of the medical advisory board or panel and a medical record
or report relating to an applicant or license holder to:
(1) the Department of Public Safety of the State of
Texas;
(2) the applicant or license holder; and
(3) the officer who presides at the hearing.
SECTION 11.24. Section 46.04, Penal Code, is amended by
adding Subsections (f) and (g) to read as follows:
(f) For the purposes of this section , an offense under the
laws of this state, another state, or the United States is, except
as provided by Subsection (g), a felony if, at the time it is
committed, the offense:
(1) is designated by a law of this state as a felony;
(2) contains all the elements of an offense designated
by a law of this state as a felony; or
(3) is punishable by confinement for one year or more
in a penitentiary.
(g) An offense is not considered a felony for purposes of
Subsection (f) if, at the time the person possesses a firearm, the
offense:
(1) is not designated by a law of this state as a
felony; and
(2) does not contain all the elements of any offense
designated by a law of this state as a felony.
SECTION 11.25. Sections 411.175 and 411.189, Government
Code, are repealed.
SECTION 11.26. The changes in law made by Sections 411.171,
411.1711, 411.172, and 411.201(c), Government Code, as amended by
this article, apply only to the eligibility of a person for the
issuance, modification, or renewal of a license, the application
for which is made on or after the effective date of this article. A
holder of a license that was issued, modified, or renewed before the
effective date of this article is not disqualified from holding
that license solely by reason of this article.
SECTION 11.27. The changes in law made by Sections 411.174,
411.176, 411.177, 411.184, 411.185, 411.188, 411.1882, and
411.201(d), Government Code, as amended by this article, and by the
repeal of Sections 411.175 and 411.189, Government Code, apply only
to an application for the issuance, modification, or renewal of a
license that is submitted to the Department of Public Safety on or
after the effective date of this article. An application submitted
before the effective date of this article is governed by the law in
effect when the application was submitted, and the former law is
continued in effect for that purpose.
SECTION 11.28. The changes in law made by this article to
Sections 411.186 and 411.187, Government Code, Article 17.292, Code
of Criminal Procedure, and Section 85.022, Family Code, apply only
to an administrative or judicial determination concerning the
revocation or suspension of a license to carry a concealed handgun
that is made on or after the effective date of this article. An
administrative or judicial determination made before the effective
date of this article is covered by the law in effect when the
determination was made, and the former law is continued in effect
for that purpose.
SECTION 11.29. The change in law made by Section 411.208,
Government Code, as amended by this article, applies only to a cause
of action that accrues on or after the effective date of this
article. A cause of action that accrued before the effective date
of this article is governed by the law in effect immediately before
the effective date of this article, and the former law is continued
in effect for that purpose.
SECTION 11.30. The change in law made by this Act in
amending Section 46.04, Penal Code, applies only to an offense
committed on or after the effective date of this Act. An offense
committed before the effective date of this Act is covered by the
law in effect when the offense was committed, and the former law is
continued in effect for that purpose. For purposes of this section,
an offense was committed before the effective date of this Act if
any element of the offense occurred before that date.
SECTION 11.31. This article takes effect September 1, 2009.
ARTICLE 12. DRIVER EDUCATION AND DRIVER'S LICENSING REQUIREMENTS
FOR MINORS
SECTION 12.01. This article shall be known as the Less Tears
More Years Act.
SECTION 12.02. Section 29.902, Education Code, is amended
by adding Subsection (c) to read as follows:
(c) A school district shall consider offering a driver
education and traffic safety course during each school year. If the
district offers the course, the district may:
(1) conduct the course and charge a fee for the course
in the amount determined by the agency to be comparable to the fee
charged by a driver education school that holds a license under
Chapter 1001; or
(2) contract with a driver education school that holds
a license under Chapter 1001 to conduct the course.
SECTION 12.03. Section 1001.101, Education Code, is amended
to read as follows:
Sec. 1001.101. DRIVER EDUCATION COURSE CURRICULUM AND
TEXTBOOKS. (a) The commissioner by rule shall establish or approve
the curriculum and designate the textbooks to be used in a driver
education course, including a driver education course conducted by
a school district, driver education school, or parent or other
individual under Section 521.205, Transportation Code.
(b) A driver education course must require the student to
complete:
(1) 7 hours of behind-the-wheel instruction in the
presence of a person who holds a driver education instructor
license or who meets the requirements imposed under Section
521.205, Transportation Code;
(2) 7 hours of observation instruction in the presence
of a person who holds a driver education instructor license or who
meets the requirements imposed under Section 521.205,
Transportation Code; and
(3) 20 hours of behind-the-wheel instruction,
including at least 10 hours of instruction that takes place at
night, in the presence of an adult who meets the requirements of
Section 521.222(d)(2), Transportation Code.
SECTION 12.04. Subchapter F, Chapter 1001, Education Code,
is amended by adding Section 1001.257 to read as follows:
Sec. 1001.257. DENIAL OF LICENSE. The commissioner may not
issue or renew a driver education instructor license, including a
temporary license, to a person who has six or more points assigned
to the person's driver's license under Subchapter B, Chapter 708,
Transportation Code.
SECTION 12.05. Section 521.165, Transportation Code, is
amended by amending Subsection (c) and adding Subsection (d) to
read as follows:
(c) Except as provided by Subsection (d), in [In] issuing a
driver's license for certain types of vehicles, the director may
waive a driving test for an applicant who has successfully
completed and passed the training and testing conducted by a person
certified under Subsection (a).
(d) The director may not waive the driving test required by
Section 521.161 for an applicant who is under 18 years of age.
SECTION 12.06. Section 521.204(a), Transportation Code, is
amended to read as follows:
(a) The department may issue a Class C driver's license to
an applicant under 18 years of age only if the applicant:
(1) is 16 years of age or older;
(2) has submitted to the department a driver education
certificate issued under Section 9A, Texas Driver and Traffic
Safety Education Act (Article 4413(29c), Vernon's Texas Civil
Statutes), that states that the person has completed and passed a
driver education course approved by the department under Section
521.205 or by the Texas Education Agency;
(3) has obtained a high school diploma or its
equivalent or is a student:
(A) enrolled in a public school, home school, or
private school who attended school for at least 80 days in the fall
or spring semester preceding the date of the driver's license
application; or
(B) who has been enrolled for at least 45 days,
and is enrolled as of the date of the application, in a program to
prepare persons to pass the high school equivalency exam; [and]
(4) has submitted to the department written parental
or guardian permission for the department to access the applicant's
school enrollment records maintained by the Texas Education Agency;
and
(5) has passed the examination required by Section
521.161.
SECTION 12.07. Section 521.205(a), Transportation Code, is
amended to read as follows:
(a) The department by rule shall provide for approval of a
driver education course conducted by the parent, stepparent, foster
parent, legal guardian, step-grandparent, or grandparent of a
person who is required to complete a driver education course to
obtain a Class C license. The rules must provide that:
(1) the person conducting the course possess a valid
license for the preceding three years that [and the license] has not
been suspended, revoked, or forfeited in the past three years for an
offense that involves the operation of a motor vehicle [traffic
related violations];
(2) the student driver spend a minimum number of hours
in:
(A) classroom instruction; and
(B) behind-the-wheel instruction;
(3) the person conducting the course not be convicted
of:
(A) criminally negligent homicide; or
(B) driving while intoxicated; [and]
(4) the person conducting the course not be disabled
because of mental illness; and
(5) the person conducting the course not have six or
more points assigned to the person's driver's license under
Subchapter B, Chapter 708, at the time the person begins conducting
the course.
SECTION 12.08. Subchapter J, Chapter 521, Transportation
Code, is amended by adding Section 521.206 to read as follows:
Sec. 521.206. COLLISION RATE STATISTICS PUBLICATION. (a)
The department shall collect data regarding collisions of students
taught by public schools, driver education schools licensed under
Chapter 1001, Education Code, and other entities that offer driver
education courses to students for which a uniform certificate of
course completion is issued. The collision rate is computed by
determining the number of an entity's students who complete a
driver education course during a state fiscal year, dividing that
number by the number of collisions that involved students who
completed such a course and that occurred in the 12-month period
following their licensure, and expressing the quotient as a
percentage.
(b) The department shall collect data regarding the
collision rate of students taught by course instructors approved
under Section 521.205. The collision rate is computed by
determining the number of students who completed a course approved
under Section 521.205 during a state fiscal year, dividing that
number by the number of collisions that involved students who
completed such a course and that occurred in the 12-month period
following their licensure, and expressing the quotient as a
percentage.
(c) Not later than October 1 of each year, the department
shall issue a publication listing the collision rate for students
taught by each driver education entity and the collision rate for
students taught by a course instructor approved under Section
521.205, noting the severity of collisions involving students of
each entity and each type of course.
SECTION 12.09. Section 521.271, Transportation Code, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) Each original driver's license and provisional license
expires as follows:
(1) except as provided by Section 521.2711, a driver's
license expires on the first birthday of the license holder
occurring after the sixth anniversary of the date of the
application;
(2) a provisional license expires on [the earlier of:
[(A)] the 18th birthday of the license holder[;
or
[(B) the first birthday of the license holder
occurring after the date of the application];
(3) an instruction permit expires on the 18th birthday
of the license holder [second birthday of the license holder
occurring after the date of the application]; and
(4) an occupational license expires on the first
anniversary of the court order granting the license.
(a-1) The department and the Texas Education Agency shall
enter into a memorandum of understanding under which the department
may access the agency's electronic enrollment records to verify a
student's enrollment in a public school. The memorandum of
understanding must specify that the department may only access
information necessary to verify the identity and enrollment status
of a license renewal applicant and only if a parent or guardian of
the applicant has provided written permission for the department to
access that information. Nothing in this subsection may be
construed to allow the release of information in violation of the
Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
Section 1232g).
SECTION 12.10. Section 521.421(c), Transportation Code, is
amended to read as follows:
(c) The fee for issuance [or renewal] of a provisional
license or instruction permit is $15 [$5].
SECTION 12.11. Section 545.424, Transportation Code, is
amended by amending Subsections (a), (b), and (c) and adding
Subsection (f) to read as follows:
(a) A person under 18 years of age[, during the six-month
period following issuance of an original Class A, B, or C driver's
license to the person,] may not operate a motor vehicle:
(1) during the 12-month period following issuance of
an original Class A, B, or C driver's license to the person:
(A) after midnight and before 5 a.m. unless the
operation of the vehicle is necessary for the operator to attend or
participate in employment or a school-related activity or because
of a medical emergency; or
(B) [(2)] with more than one passenger in the
vehicle under 21 years of age who is not a family member; or
(2) [(3)] while using a wireless communications
device, except in case of emergency.
(b) A person under 17 years of age who holds a restricted
motorcycle license or moped license, during the 12-month
[six-month] period following the issuance of an original motorcycle
license or moped license to the person, may not operate a motorcycle
or moped:
(1) after midnight and before 5 a.m. unless:
(A) the person is in sight of the person's parent
or guardian; or
(B) the operation of the vehicle is necessary for
the operator to attend or participate in employment or a
school-related activity or because of a medical emergency; or
(2) while using a wireless communications device,
except in case of emergency.
(c) This section does not apply to:
(1) the holder of a hardship license; [or]
(2) a person operating a motor vehicle while
accompanied in the manner required by Section 521.222(d)(2) for the
holder of an instruction permit; or
(3) a person licensed by the Federal Communications
Commission to operate a wireless communication device or a radio
frequency device.
(f) In this section, "wireless communication device" means
a handheld or hands-free device that uses commercial mobile
service, as defined by 47 U.S.C. Section 332.
SECTION 12.12. (a) For the purpose of compiling data for
the publication required by Section 521.206, Transportation Code,
as added by this article, the Texas Department of Public Safety
shall determine the number of minor students taught by each driver
education entity and the total number of minor students taught by
courses approved under Section 521.205, Transportation Code, who
become licensed during the state fiscal year beginning September 1,
2009, and ending August 31, 2010.
(b) The first publication of collision rate data compiled
under Section 521.206, Transportation Code, as added by this
article, shall be issued not later than October 1, 2011.
SECTION 12.13. Not later than November 30, 2009, the Texas
Department of Public Safety shall appoint a task force to review and
make recommendations regarding the effectiveness of the materials
provided by the Texas Education Agency for use in courses licensed
under Chapter 1001, Education Code, or authorized by Section
521.205, Transportation Code. The task force shall consist of the
following members:
(1) a representative of the Texas Department of Public
Safety;
(2) a representative of the Texas Education Agency;
(3) a commercial provider of driver education courses;
(4) a member of an interested group or association, as
determined by the department; and
(5) other appropriate members, as determined by the
department.
SECTION 12.14. (a) Section 29.902(c), Education Code, as
added by this article, applies beginning with the 2010-2011 school
year.
(b) Not later than January 1, 2010, the commissioner of
education shall adopt rules as required by Section 1001.101,
Education Code, as amended by this article.
(c) Each driver education and training program approved by
the Texas Education Agency under Chapter 1001, Education Code, must
comply with the curriculum requirements of Section 1001.101,
Education Code, as amended by this article, not later than May 1,
2010.
(d) Section 521.165, Transportation Code, as amended by
this article, applies only to an application for a driver's license
submitted on or after the effective date of this article. An
application for a driver's license submitted before the effective
date of this article is subject to the law in effect on the date the
application was submitted, and that law is continued in effect for
that purpose.
(e) The changes in law made by this article to Section
521.205, Transportation Code, apply to a course approved under that
section that begins on or after the effective date of this article.
A course beginning before the effective date of this article is
governed by the law in effect on the date the course was commenced,
and that law is continued in effect for that purpose.
(f) The changes in law made by this article to Sections
521.271, 521.421, and 545.424, Transportation Code, apply only to a
person issued a driver's license on or after the effective date of
this article. A person issued a driver's license before the
effective date of this article is governed by the law in effect on
the date the license was issued, and that law is continued in effect
for that purpose.
SECTION 12.15. This article takes effect September 1, 2009.
ARTICLE 12A. DISPLAY OF LICENSE TO
CARRY A CONCEALED HANDGUN
SECTION 12A.01. Sections 411.187(a) and (c), Government
Code, are amended to read as follows:
(a) A license may be suspended under this section if the
license holder:
(1) is charged with the commission of a Class A or
Class B misdemeanor or an offense under Section 42.01, Penal Code,
or of a felony under an information or indictment;
(2) [fails to display a license as required by Section
411.205;
[(3)] fails to notify the department of a change of
address or name as required by Section 411.181;
(3) [(4)] carries a concealed handgun under the
authority of this subchapter of a different category than the
license holder is licensed to carry;
(4) [(5)] fails to return a previously issued license
after a license is modified as required by Section 411.184(d);
(5) [(6)] commits an act of family violence and is the
subject of an active protective order rendered under Title 4,
Family Code; or
(6) [(7)] is arrested for an offense involving family
violence or an offense under Section 42.072, Penal Code, and is the
subject of an order for emergency protection issued under Article
17.292, Code of Criminal Procedure.
(c) A license may be suspended under this section:
(1) for 30 days, if the person's license is subject to
suspension for a reason listed in Subsection (a)(2), (3) [(a)(3)],
or (4), [or (5),] except as provided by Subdivision (2) [(3)];
(2) [for 90 days, if the person's license is subject to
suspension for a reason listed in Subsection (a)(2), except as
provided by Subdivision (3);
[(3)] for not less than one year and not more than three
years if the person's license is subject to suspension for a reason
listed in Subsection (a), other than the reason listed in
Subsection (a)(1), and the person's license has been previously
suspended for the same reason;
(3) [(4)] until dismissal of the charges if the
person's license is subject to suspension for the reason listed in
Subsection (a)(1); or
(4) [(5)] for the duration of or the period specified
by:
(A) the protective order issued under Title 4,
Family Code, if the person's license is subject to suspension for
the reason listed in Subsection (a)(5) [(a)(6)]; or
(B) the order for emergency protection issued
under Article 17.292, Code of Criminal Procedure, if the person's
license is subject to suspension for the reason listed in
Subsection (a)(6) [(a)(7)].
SECTION 12A.02. Section 411.205, Government Code, is
amended to read as follows:
Sec. 411.205. REQUIREMENT TO DISPLAY [DISPLAYING]
LICENSE[; PENALTY]. [(a)] If a license holder is carrying a
handgun on or about the license holder's person when a magistrate or
a peace officer demands that the license holder display
identification, the license holder shall display both the license
holder's driver's license or identification certificate issued by
the department and the license holder's handgun license. [A person
who fails or refuses to display the license and identification as
required by this subsection is subject to suspension of the
person's license as provided by Section 411.187.
[(b) A person commits an offense if the person fails or
refuses to display the license and identification as required by
Subsection (a) after previously having had the person's license
suspended for a violation of that subsection. An offense under this
subsection is a Class B misdemeanor.]
SECTION 12A.03. An offense under Section 411.205,
Government Code, may not be prosecuted after the effective date of
this article. If, on the effective date of this article, a criminal
action is pending for an offense under Section 411.205, the action
is dismissed on that date. However, a final conviction for an
offense under Section 411.205 that exists on the effective date of
this article is unaffected by this article.
SECTION 12A.04. This article takes effect September 1,
2009.
ARTICLE 13. REGULATION OF DRIVER'S LICENSES AND PERSONAL
IDENTIFICATION CERTIFICATES BY DEPARTMENT
SECTION 13.01. Section 521.029, Transportation Code, is
amended to read as follows:
Sec. 521.029. OPERATION OF MOTOR VEHICLE BY NEW STATE
RESIDENTS. (a) A person who enters this state as a new resident
may operate a motor vehicle in this state for no more than 90 [30]
days after the date on which the person enters this state if the
person:
(1) is 16 years of age or older; and
(2) has in the person's possession a driver's license
issued to the person by the person's state or country of previous
residence.
(b) If a person subject to this section is prosecuted for
operating a motor vehicle without a driver's license, the
prosecution alleges that the person has resided in this state for
more than 90 [30] days, and the person claims to have been covered
by Subsection (a), the person must prove by the preponderance of the
evidence that the person has not resided in this state for more than
90 [30] days.
SECTION 13.02. Subchapter C, Chapter 521, Transportation
Code, is amended by adding Section 521.060 to read as follows:
Sec. 521.060. INTERNAL VERIFICATION SYSTEM. (a) The
department by rule shall establish a system for identifying unique
addresses that are submitted in license or certificate applications
under this chapter or Chapter 522 in a frequency or number that, in
the department's determination, casts doubt on whether the
addresses are the actual addresses where the applicants reside.
(b) The department may contract with a third-party personal
data verification service to assist the department in implementing
this section.
(c) The department shall investigate the validity of
addresses identified under Subsection (a).
(d) The department may disclose the results of an
investigation under Subsection (c) to a criminal justice agency for
the purposes of enforcing Section 521.4565 or other provisions of
this chapter or Chapter 522.
(e) In this section, "criminal justice agency" has the
meaning assigned by Article 60.01, Code of Criminal Procedure.
SECTION 13.03. Section 521.101, Transportation Code, is
amended by adding Subsection (j) to read as follows:
(j) The department may not issue a personal identification
certificate to a person who has not established a domicile in this
state.
SECTION 13.04. Subchapter G, Chapter 521, Transportation
Code, is amended by adding Sections 521.1426 and 521.1427 to read as
follows:
Sec. 521.1426. DOMICILE REQUIREMENT; VERIFICATION.
(a) The department may not issue a driver's license or a personal
identification certificate to a person who has not established a
domicile in this state.
(b) The department shall adopt rules for determining
whether a domicile has been established, including rules
prescribing the types of documentation the department may require
from the applicant to verify the validity of the claimed domicile.
(c) The department may contract with a third-party personal
data verification service to assist the department in verifying a
claim of domicile, including whether the physical address provided
by the applicant is the applicant's actual residence.
Sec. 521.1427. POST OFFICE BOX NOT VALID AS ADDRESS.
(a) In this section, "post office box address" means a United
States Postal Service post office box address or a private mailbox
address.
(b) Unless an exception exists under state or federal law,
an applicant may receive delivery of a license or a personal
identification certificate at a post office box address only if the
applicant has provided the department the physical address where
the applicant resides.
(c) The department may require the applicant to provide
documentation that the department determines necessary to verify
the validity of the physical address provided under Subsection (b).
(d) The department may contract with a third-party personal
data verification service to assist the department in verifying
whether the physical address provided by the applicant is the
applicant's actual residence.
SECTION 13.05. Subchapter C, Chapter 522, Transportation
Code, is amended by adding Sections 522.0225 and 522.0226 to read as
follows:
Sec. 522.0225. VERIFICATION OF DOMICILE. (a) The
department shall adopt rules for determining whether a domicile has
been established under Section 522.022, including rules
prescribing the types of documentation the department may require
from the applicant to determine the validity of the claimed
domicile.
(b) The department may contract with a third-party personal
data verification service to assist the department in verifying a
claim of domicile, including whether the physical address provided
by the applicant is the applicant's actual residence.
Sec. 522.0226. POST OFFICE BOX NOT VALID AS ADDRESS.
(a) In this section, "post office box address" means a United
States Postal Service post office box address or a private mailbox
address.
(b) Unless an exception exists under state or federal law,
an applicant may receive delivery of a commercial driver's license
at a post office box address only if the applicant has provided the
department the physical address where the applicant resides.
(c) The department may require the applicant to provide
documentation that the department determines necessary to verify
the validity of the physical address provided under Subsection (b).
(d) The department may contract with a third-party personal
data verification service to assist the department in verifying
whether the physical address provided by the applicant is the
applicant's actual residence.
SECTION 13.06. Subchapter S, Chapter 521, Transportation
Code, is amended by adding Section 521.4565 to read as follows:
Sec. 521.4565. CONSPIRING TO MANUFACTURE COUNTERFEIT
LICENSE OR CERTIFICATE. (a) In this section:
(1) "Combination," "conspires to commit," "profits,"
and "criminal street gang" have the meanings assigned by Section
71.01, Penal Code.
(2) "Conspires to manufacture or produce" means that:
(A) a person agrees with one or more other
persons to engage in the manufacture or production of a forged or
counterfeit instrument; and
(B) the person and one or more of the other
persons perform an overt act in pursuance of the agreement.
(3) "Instrument" means a driver's license, commercial
driver's license, or personal identification certificate.
(4) "Public servant" has the meaning assigned by
Section 1.07, Penal Code.
(b) A person commits an offense if the person establishes,
maintains, or participates in or conspires to establish, maintain,
or participate in a combination or criminal street gang, or
participates in the profits of a combination or criminal street
gang, with the intent to manufacture or produce a forged or
counterfeit instrument for the purpose of selling, distributing, or
delivering such instrument. An agreement constituting conspiring
to manufacture or produce may be inferred from the acts of the
parties.
(c) An offense under this section is a state jail felony,
except that an offense committed by a public servant is a felony of
the third degree.
SECTION 13.07. The Department of Public Safety of the State
of Texas shall adopt rules required by the amendments of this
article to Chapters 521 and 522, Transportation Code, as soon as
practicable after the effective date of this article.
SECTION 13.08. This article takes effect immediately if
this Act receives a vote of two-thirds of all the members elected to
each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this article takes effect September 1, 2009.
ARTICLE 13A. DRIVER'S LICENSE ISSUED TO CERTAIN FEDERAL AND
STATE JUDGES AND SPOUSES
SECTION 13A.01. Section 521.001, Transportation Code, is
amended by adding Subdivisions (3-a) and (8-a) to read as follows:
(3-a) "Federal judge" means:
(A) a judge of a United States court of appeals;
(B) a judge of a United States district court;
(C) a judge of a United States bankruptcy court;
or
(D) a magistrate judge of a United States
district court.
(8-a) "State judge" means:
(A) the judge of an appellate court, a district
court, or a county court at law of this state; or
(B) an associate judge appointed under Chapter
201, Family Code.
SECTION 13A.02. Sections 521.054(a) and (b),
Transportation Code, are amended to read as follows:
(a) This section applies to a person who:
(1) after applying for or being issued a [the] license
or certificate moves to a new residence [from the] address [stated
in the person's application for a license or certificate];
(2) has used the procedure under Section 521.121(d)
and whose status as a federal judge, a state judge, or the spouse of
a federal or state judge becomes inapplicable [moves from the
address shown on the license or certificate held by the person]; or
(3) changes the person's name by marriage or
otherwise.
(b) A person subject to this section shall notify the
department of the change not later than the 30th day after the date
on which the change takes effect and apply for a duplicate license
or certificate as provided by Section 521.146. The duplicate
license must include the person's current residence address.
SECTION 13A.03. Section 521.121, Transportation Code, is
amended by amending Subsection (a) and adding Subsection (d) to
read as follows:
(a) The driver's license must include:
(1) a distinguishing number assigned by the department
to the license holder;
(2) a color photograph of the entire face of the
holder;
(3) the full name and[,] date of birth[, and residence
address] of the holder; [and]
(4) a brief description of the holder; and
(5) the license holder's residence address or, for a
license holder using the procedure under Subsection (d), the street
address of the courthouse in which the license holder or license
holder's spouse serves as a federal judge or state judge.
(d) The department shall establish a procedure for a federal
judge, a state judge, or the spouse of a federal or state judge to
omit the license holder's residence address on the license and to
include, in lieu of that address, the street address of the
courthouse in which the license holder or license holder's spouse
serves as a federal judge or state judge. In establishing the
procedure, the department shall require sufficient documentary
evidence to establish the license holder's status as a federal
judge, state judge, or the spouse of a federal or state judge.
SECTION 13A.04. Section 521.142(c), Transportation Code,
is amended to read as follows:
(c) The application must state:
(1) the sex of the applicant;
(2) the residence address of the applicant, or if the
applicant is a federal judge, a state judge, or the spouse of a
federal or state judge using the procedure developed under Section
521.121(d), the street address of the courthouse in which the
applicant or the applicant's spouse serves as a federal judge or a
state judge;
(3) whether the applicant has been licensed to drive a
motor vehicle before;
(4) if previously licensed, when and by what state or
country;
(5) whether that license has been suspended or revoked
or a license application denied;
(6) the date and reason for the suspension,
revocation, or denial;
(7) whether the applicant is a citizen of the United
States; and
(8) the county of residence of the applicant.
ARTICLE 14. USE OF AN OFFENDER IDENTIFICATION CARD OR SIMILAR FORM
OF IDENTIFICATION AS PROOF OF IDENTITY FOR AN APPLICANT FOR A
DRIVER'S LICENSE OR COMMERCIAL DRIVER'S LICENSE
SECTION 14.01. Subsection (a), Section 521.142,
Transportation Code, is amended to read as follows:
(a) An application for an original license must state the
applicant's full name and place and date of birth. This information
must be verified by presentation of proof of identity satisfactory
to the department. The department must accept as satisfactory
proof of identity under this subsection an offender identification
card or similar form of identification issued to an inmate by the
Texas Department of Criminal Justice if the applicant also provides
supplemental verifiable records or documents that aid in
establishing identity.
SECTION 14.02. Subchapter G, Chapter 521, Transportation
Code, is amended by adding Section 521.1421 to read as follows:
Sec. 521.1421. INMATE IDENTIFICATION VERIFICATION PILOT
PROGRAM. (a) The department shall participate in an inmate
identification verification pilot program for the purpose of
issuing driver's licenses and personal identification certificates
to inmates of the Texas Department of Criminal Justice.
(b) Under the pilot program, the department may:
(1) enter into a contract with the Texas Department of
Criminal Justice and the Department of State Health Services to
establish an identification verification process for inmates of the
Texas Department of Criminal Justice; and
(2) issue a driver's license or a personal
identification certificate to an inmate whose identity has been
confirmed through the verification process and who otherwise meets
the requirements for the issuance of the driver's license or
personal identification certificate.
(c) At the conclusion of the pilot program the governing
bodies of the participating agencies may agree to continue the
pilot program on a permanent basis.
(d) Not later than December 1, 2010, the department and the
Texas Department of Criminal Justice shall jointly issue a report
to the standing committees of the legislature with jurisdiction
over issues related to criminal justice and homeland security
addressing:
(1) the status of the pilot program;
(2) the effectiveness of the pilot program; and
(3) an analysis of the feasibility of implementing a
statewide program based on the pilot program.
SECTION 14.03. Subsection (c-1), Section 522.021,
Transportation Code, is amended to read as follows:
(c-1) If the department requires proof of an applicant's
identity as part of an application under this section, the
department must accept as satisfactory proof of identity an
offender identification card or similar form of identification
issued to an inmate by the Texas Department of Criminal Justice if
the applicant also provides supplemental verifiable records or
documents that aid in establishing identity.
SECTION 14.04. The changes in law made by this article apply
only to an application for a driver's license, commercial driver's
license, or personal identification certificate submitted on or
after the effective date of this article. An application for a
driver's license, commercial driver's license, or personal
identification certificate submitted before the effective date of
this article is subject to the law in effect on the date the
application was submitted, and that law is continued in effect for
that purpose.
SECTION 14.05. This article takes effect September 1, 2009.
ARTICLE 15. DRIVER RESPONSIBILITY PROGRAM
SECTION 15.01. Section 708.151, Transportation Code, is
amended to read as follows:
Sec. 708.151. NOTICE OF SURCHARGE. (a) The department
shall send notices as required by Subsection (b) to [notify] the
holder of a driver's license when [of the assessment of] a surcharge
is assessed on that license. Each notice must:
(1) be sent by first class mail [sent] to the person's
most recent address as shown on the records of the department or to
the person's most recent forwarding address on record with the
United States Postal Service if it is different;
(2) [. The notice must] specify the date by which the
surcharge must be paid;
(3) state the total dollar amount of the surcharge
that must be paid, the number of monthly payments required under an
installment payment plan, and the minimum monthly payment required
for a person to enter and maintain an installment payment plan with
the department; and
(4) state the consequences of a failure to pay the
surcharge.
(b) The department shall send a first notice not later than
the fifth day after the date the surcharge is assessed.
(c) If on or before the 45th day after the date the first
notice was sent the person fails to pay the amount of the surcharge
or fails to enter into an installment payment agreement with the
department, the department shall send a second notice. If on or
before the 60th day after the date the second notice was sent the
person fails to pay the amount of the surcharge or fails to enter
into an installment payment agreement with the department, the
department shall send a third notice that advises the person that
the person's driving privileges are suspended.
SECTION 15.02. Section 708.152(a), Transportation Code, is
amended to read as follows:
(a) If on [before] the 60th [30th] day after the date the
department sends a second notice under Section 708.151 the person
fails to pay the amount of a surcharge on the person's license or
fails to enter into an installment payment agreement with the
department, the license of the person is automatically suspended.
A person's license may not be suspended under this section before
the 105th day after the date the surcharge was assessed by the
department.
SECTION 15.03. Section 708.153(b), Transportation Code, is
amended to read as follows:
(b) A rule under this section:
(1) may not require [permit] a person to:
(A) pay surcharges that total $500 or more [a
surcharge] over a period of less [more] than 36 consecutive months;
(B) pay surcharges that total more than $250 but
not more than $499 over a period of less than 24 consecutive months;
or
(C) pay surcharges that total $249 or less over a
period of less than 12 consecutive months; and
(2) may provide that if the person fails to make any
[a] required monthly installment payment, the department may
reestablish the installment plan on receipt of a payment in the
amount equal to at least a required monthly installment payment [or
declare the amount of the unpaid surcharge immediately due and
payable].
SECTION 15.04. Subchapter D, Chapter 708, Transportation
Code, is amended by adding Section 708.158 to read as follows:
Sec. 708.158. INDIGENT STATUS AND REDUCTION OF SURCHARGES.
(a) The department shall waive all surcharges assessed under this
chapter for a person who is indigent. For the purposes of this
section, a person is considered to be indigent if the person
provides the evidence described by Subsection (b) to the court.
(b) A person must provide information to the court in which
the person is convicted of the offense that is the basis for the
surcharge to establish that the person is indigent. The following
documentation may be used as proof:
(1) a copy of the person's most recent federal income
tax return that shows that the person's income or the person's
household income does not exceed 125 percent of the applicable
income level established by the federal poverty guidelines;
(2) a copy of the person's most recent statement of
wages that shows that the person's income or the person's household
income does not exceed 125 percent of the applicable income level
established by the federal poverty guidelines; or
(3) documentation from a federal agency, state agency,
or school district that indicates that the person or, if the person
is a dependent as defined by Section 152, Internal Revenue Code of
1986, the taxpayer claiming the person as a dependent, receives
assistance from:
(A) the food stamp program or the financial
assistance program established under Chapter 31, Human Resources
Code;
(B) the federal special supplemental nutrition
program for women, infants, and children authorized by 42 U.S.C.
Section 1786;
(C) the medical assistance program under Chapter
32, Human Resources Code;
(D) the child health plan program under Chapter
62, Health and Safety Code; or
(E) the national free or reduced-price lunch
program established under 42 U.S.C. Section 1751 et seq.
SECTION 15.05. Section 708.157(c), Transportation Code, is
amended to read as follows:
(c) The department by rule shall [may] establish an
indigency program for holders of a driver's license on which a
surcharge has been assessed for certain offenses, as determined by
the department.
SECTION 15.06. Subchapter B, Chapter 708, Transportation
Code, is amended by adding Section 708.056 to read as follows:
Sec. 708.056. DEDUCTION OF POINTS. The department by rule
shall establish a procedure to provide for the deduction of one
point accumulated by a person under this subchapter to account for
each year that the person has not accumulated points under this
subchapter.
SECTION 15.07. The changes in law made by this article apply
only to a surcharge that is assessed under Chapter 708,
Transportation Code, on or after the effective date of this
article. A surcharge that was assessed under that chapter before
the effective date of this article is subject to the law in effect
on the date the surcharge was assessed, and that law is continued in
effect for that purpose.
SECTION 15.08. This article takes effect September 1, 2011.
ARTICLE 15A. MOTOR VEHICLE SAFETY RESPONSIBILITY
SECTION 15A.01. Section 601.053, Transportation Code, is
amended by amending Subsection (b) and adding Subsection (c) to
read as follows:
(b) Except as provided by Subsection (c), an [An] operator
who does not exhibit evidence of financial responsibility under
Subsection (a) is presumed to have operated the vehicle in
violation of Section 601.051.
(c) Subsection (b) does not apply if the peace officer
determines through use of the verification program established
under Subchapter N that financial responsibility has been
established for the vehicle.
SECTION 15A.02. Subchapter N, Chapter 601, Transportation
Code, as added by Chapter 1325 (H.B. 3588), Acts of the 78th
Legislature, Regular Session, 2003, is repealed.
ARTICLE 16. SUSPENSION OF A DRIVER'S LICENSE BY DEPARTMENT
SECTION 16.01. Section 521.341, Transportation Code, is
amended to read as follows:
Sec. 521.341. REQUIREMENTS FOR AUTOMATIC LICENSE
SUSPENSION. Except as provided by Sections 521.344(d)-(i), a
license is automatically suspended on final conviction of the
license holder of:
(1) an offense under Section 19.05, Penal Code,
committed as a result of the holder's criminally negligent
operation of a motor vehicle;
(2) an offense under Section 38.04, Penal Code, if the
holder used a motor vehicle in the commission of the offense;
(3) an offense under Section 49.04, 49.045, or 49.08,
Penal Code;
(4) an offense under Section 49.07, Penal Code, if the
holder used a motor vehicle in the commission of the offense;
(5) an offense punishable as a felony under the motor
vehicle laws of this state;
(6) an offense under Section 550.021;
(7) an offense under Section 521.451 or 521.453; or
(8) an offense under Section 19.04, Penal Code, if the
holder used a motor vehicle in the commission of the offense.
SECTION 16.02. Sections 521.342(a) and (b), Transportation
Code, are amended to read as follows:
(a) Except as provided by Section 521.344, the license of a
person who was under 21 years of age at the time of the offense,
other than an offense classified as a misdemeanor punishable by
fine only, is automatically suspended on conviction of:
(1) an offense under Section 49.04, 49.045, or 49.07,
Penal Code, committed as a result of the introduction of alcohol
into the body;
(2) an offense under the Alcoholic Beverage Code,
other than an offense to which Section 106.071 of that code applies,
involving the manufacture, delivery, possession, transportation,
or use of an alcoholic beverage;
(3) a misdemeanor offense under Chapter 481, Health
and Safety Code, for which Subchapter P does not require the
automatic suspension of the license;
(4) an offense under Chapter 483, Health and Safety
Code, involving the manufacture, delivery, possession,
transportation, or use of a dangerous drug; or
(5) an offense under Chapter 485, Health and Safety
Code, involving the manufacture, delivery, possession,
transportation, or use of an abusable volatile chemical.
(b) The department shall suspend for one year the license of
a person who is under 21 years of age and is convicted of an offense
under Section 49.04, 49.045, 49.07, or 49.08, Penal Code,
regardless of whether the person is required to attend an
educational program under Section 13(h), Article 42.12, Code of
Criminal Procedure, that is designed to rehabilitate persons who
have operated motor vehicles while intoxicated, unless the person
is placed under community supervision under that article and is
required as a condition of the community supervision to not operate
a motor vehicle unless the vehicle is equipped with the device
described by Section 13(i) of that article. If the person is
required to attend such a program and does not complete the program
before the end of the person's suspension, the department shall
suspend the person's license or continue the suspension, as
appropriate, until the department receives proof that the person
has successfully completed the program. On the person's successful
completion of the program, the person's instructor shall give
notice to the department and to the community supervision and
corrections department in the manner provided by Section 13(h),
Article 42.12, Code of Criminal Procedure.
SECTION 16.03. Sections 521.344(a), (c), and (i),
Transportation Code, are amended to read as follows:
(a) Except as provided by Sections 521.342(b) and 521.345,
and by Subsections (d)-(i), if a person is convicted of an offense
under Section 49.04, 49.045, or 49.07, Penal Code, the license
suspension:
(1) begins on a date set by the court that is not
earlier than the date of the conviction or later than the 30th day
after the date of the conviction, as determined by the court; and
(2) continues for a period set by the court according
to the following schedule:
(A) not less than 90 days or more than one year,
if the person is punished under Section 49.04, 49.045, or 49.07,
Penal Code, except that if the person's license is suspended for a
second or subsequent offense under Section 49.07 committed within
five years of the date on which the most recent preceding offense
was committed, the suspension continues for a period of one year;
(B) not less than 180 days or more than two years,
if the person is punished under Section 49.09(a) or (b), Penal Code;
or
(C) not less than one year or more than two years,
if the person is punished under Section 49.09(a) or (b), Penal Code,
and is subject to Section 49.09(h) of that code.
(c) The court shall credit toward the period of suspension a
suspension imposed on the person for refusal to give a specimen
under Chapter 724 if the refusal followed an arrest for the same
offense for which the court is suspending the person's license
under this chapter. The court may not extend the credit to a
person:
(1) who has been previously convicted of an offense
under Section 49.04, 49.045, 49.07, or 49.08, Penal Code; or
(2) whose period of suspension is governed by Section
521.342(b).
(i) On the date that a suspension order under Section
521.343(c) is to expire, the period of suspension or the
corresponding period in which the department is prohibited from
issuing a license is automatically increased to two years unless
the department receives notice of successful completion of the
educational program as required by Section 13, Article 42.12, Code
of Criminal Procedure. At the time a person is convicted of an
offense under Section 49.04 or 49.045, Penal Code, the court shall
warn the person of the effect of this subsection. On the person's
successful completion of the program, the person's instructor shall
give notice to the department and to the community supervision and
corrections department in the manner required by Section 13,
Article 42.12, Code of Criminal Procedure. If the department
receives proof of completion after a period has been extended under
this subsection, the department shall immediately end the
suspension or prohibition.
SECTION 16.04. Sections 13(h) and (n), Article 42.12, Code
of Criminal Procedure, are amended to read as follows:
(h) If a person convicted of an offense under Sections
49.04-49.08, Penal Code, is placed on community supervision, the
judge shall require, as a condition of the community supervision,
that the defendant attend and successfully complete before the
181st day after the day community supervision is granted an
educational program jointly approved by the Texas Commission on
Alcohol and Drug Abuse, the Department of Public Safety, the
Traffic Safety Section of the Texas Department of Transportation,
and the community justice assistance division of the Texas
Department of Criminal Justice designed to rehabilitate persons who
have driven while intoxicated. The Texas Commission on Alcohol and
Drug Abuse shall publish the jointly approved rules and shall
monitor, coordinate, and provide training to persons providing the
educational programs. The Texas Commission on Alcohol and Drug
Abuse is responsible for the administration of the certification of
approved educational programs and may charge a nonrefundable
application fee for the initial certification of approval and for
renewal of a certificate. The judge may waive the educational
program requirement or may grant an extension of time to
successfully complete the program that expires not later than one
year after the beginning date of the person's community
supervision, however, if the defendant by a motion in writing shows
good cause. In determining good cause, the judge may consider but
is not limited to: the defendant's school and work schedule, the
defendant's health, the distance that the defendant must travel to
attend an educational program, and the fact that the defendant
resides out of state, has no valid driver's license, or does not
have access to transportation. The judge shall set out the finding
of good cause for waiver in the judgment. If a defendant is
required, as a condition of community supervision, to attend an
educational program or if the court waives the educational program
requirement, the court clerk shall immediately report that fact to
the Department of Public Safety, on a form prescribed by the
department, for inclusion in the person's driving record. If the
court grants an extension of time in which the person may complete
the program, the court clerk shall immediately report that fact to
the Department of Public Safety on a form prescribed by the
department. The report must include the beginning date of the
person's community supervision. Upon the person's successful
completion of the educational program, the person's instructor
shall give notice to the Department of Public Safety for inclusion
in the person's driving record and to the community supervision and
corrections department. The community supervision and corrections
department shall then forward the notice to the court clerk for
filing. If the Department of Public Safety does not receive notice
that a defendant required to complete an educational program has
successfully completed the program within the period required by
this section, as shown on department records, the department shall
revoke the defendant's driver's license, permit, or privilege or
prohibit the person from obtaining a license or permit, as provided
by Sections 521.344(e) and (f), Transportation Code. The
Department of Public Safety may not reinstate a license suspended
under this subsection unless the person whose license was suspended
makes application to the department for reinstatement of the
person's license and pays to the department a reinstatement fee of
$100 [$50]. The Department of Public Safety shall remit all fees
collected under this subsection to the comptroller for deposit in
the general revenue fund. This subsection does not apply to a
defendant if a jury recommends community supervision for the
defendant and also recommends that the defendant's driver's license
not be suspended.
(n) Notwithstanding any other provision of this section or
other law, the judge who places on community supervision a
defendant who was [is] younger than 21 years of age at the time of
the offense and was convicted for an offense under Sections
49.04-49.08, Penal Code, shall:
(1) order that the defendant's driver's license be
suspended for 90 days beginning on the date that the person is
placed on community supervision; and
(2) require as a condition of community supervision
that the defendant not operate a motor vehicle unless the vehicle is
equipped with the device described by Subsection (i) of this
section.
SECTION 16.05. The changes in law made by this article to
Sections 521.341, 521.342, and 521.344, Transportation Code, and
Section 13, Article 42.12, Code of Criminal Procedure, apply only
to an offense committed on or after the effective date of this
article. For purposes of this section, an offense was committed
before the effective date of this article if any element of the
offense occurred before the effective date of this article.
SECTION 16.06. This article takes effect September 1, 2009.
ARTICLE 17. SUBMISSION OF REPORTS ON CERTAIN CONVICTIONS OR
ADJUDICATIONS RELATING TO THE OPERATION OF MOTOR VEHICLES TO THE
DEPARTMENT
SECTION 17.01. Subsections (a) and (b), Section 522.061,
Transportation Code, are amended to read as follows:
(a) A person who holds or is required to hold a commercial
driver's license under this chapter and who is convicted in another
state of violating a state law or local ordinance relating to motor
vehicle traffic control shall notify the department in the manner
specified by the department not later than the seventh [30th] day
after the date of conviction.
(b) A person who holds or is required to hold a commercial
driver's license under this chapter and who is convicted in this
state or another state of violating a state law or local ordinance
relating to motor vehicle traffic control, including a law
regulating the operation of vehicles on highways, shall notify the
person's employer in writing of the conviction not later than the
seventh [30th] day after the date of conviction.
SECTION 17.02. Section 543.203, Transportation Code, is
amended to read as follows:
Sec. 543.203. SUBMITTING RECORD TO DEPARTMENT. Not later
than the seventh [30th] day after the date of conviction or
forfeiture of bail of a person on a charge of violating a law
regulating the operation of a vehicle on a highway or conviction of
a person of negligent homicide or a felony in the commission of
which a vehicle was used, the magistrate, judge, or clerk of the
court in which the conviction was had or bail was forfeited shall
immediately submit to the department a written record of the case
containing the information required by Section 543.202.
SECTION 17.03. Subsection (a), Section 543.204,
Transportation Code, is amended to read as follows:
(a) A justice of the peace or municipal judge who defers
further proceedings, suspends all or part of the imposition of the
fine, and places a defendant on probation under Article 45.051,
Code of Criminal Procedure, or a county court judge who follows that
procedure under Article 42.111, Code of Criminal Procedure, may not
submit a written record to the department, except that if the
justice or judge subsequently adjudicates the defendant's guilt,
the justice or judge shall submit the record not later than the
seventh [30th] day after the date on which the justice or judge
adjudicates guilt.
SECTION 17.04. The change in law made by this article
applies only to a conviction, forfeiture of bail, or adjudication
of guilt that occurs on or after the effective date of this article.
SECTION 17.05. This article takes effect September 1, 2009.
ARTICLE 18. CIVIL CONSEQUENCES OF CERTAIN CONVICTIONS ON A PERSON
WHO HOLDS A COMMERCIAL DRIVER'S LICENSE AND OF CERTAIN
ADJUDICATIONS ON THE DRIVER'S LICENSE OR PERMIT OF A CHILD
SECTION 18.01. Section 522.081(d), Transportation Code, is
amended to read as follows:
(d) A person is disqualified from driving a commercial motor
vehicle for life:
(1) if the person is convicted two or more times of an
offense specified by Subsection (b)(2), or a combination of those
offenses, arising from two or more separate incidents;
(2) if the person uses a motor vehicle in the
commission of a felony involving:
(A) the manufacture, distribution, or dispensing
of a controlled substance; or
(B) possession with intent to manufacture,
distribute, or dispense a controlled substance; [or]
(3) for any combination of two or more of the
following, arising from two or more separate incidents:
(A) a conviction of the person for an offense
described by Subsection (b)(2);
(B) a refusal by the person described by
Subsection (b)(3); and
(C) an analysis of the person's blood, breath, or
urine described by Subsection (b)(4); or
(4) if the person uses a motor vehicle in the
commission of an offense under 8 U.S.C. Section 1324 that involves
the transportation, concealment, or harboring of an alien.
SECTION 18.02. Section 54.042(a), Family Code, is amended
to read as follows:
(a) A juvenile court, in a disposition hearing under Section
54.04, shall:
(1) order the Department of Public Safety to suspend a
child's driver's license or permit, or if the child does not have a
license or permit, to deny the issuance of a license or permit to
the child if the court finds that the child has engaged in conduct
that:
(A) violates a law of this state enumerated in
Section 521.342(a), Transportation Code; or
(B) violates a penal law of this state or the
United States, an element or elements of which involve a severe form
of trafficking in persons, as defined by 22 U.S.C. Section 7102; or
(2) notify the Department of Public Safety of the
adjudication, if the court finds that the child has engaged in
conduct that violates a law of this state enumerated in Section
521.372(a), Transportation Code.
SECTION 18.03. (a) The change in law made by this article
to Section 522.081, Transportation Code, applies only in connection
with a conviction that becomes final on or after the effective date
of this article. A conviction that became final before the
effective date of this article is covered by Section 522.081,
Transportation Code, as that section existed on the date the
conviction became final, and the former law is continued in effect
for that purpose.
(b) The change in law made by this article in amending
Section 54.042, Family Code, applies only to conduct that occurs on
or after the effective date of this article. Conduct that occurred
before the effective date of this article is covered by the law in
effect at the time the conduct occurred, and the former law is
continued in effect for that purpose.
SECTION 18.04. This article takes effect September 1, 2009.
ARTICLE 19. [blank]
ARTICLE 20. ADMINISTRATIVE FINE AND LATE PAYMENT FEE FOR A
VIOLATION OF A PARKING RULE APPLICABLE TO THE CAPITOL COMPLEX
SECTION 20.01. Subsections (a), (b), and (d), Section
411.067, Government Code, are amended to read as follows:
(a) The department may [shall have authority to] adopt rules
for the assessment of an administrative fine of $25 [$10] for
violations of the parking rules adopted under Section 411.063.
Notwithstanding the provisions of Sections 411.065 and 411.066, the
department may [in its discretion] issue an administrative citation
for a parking violation.
(b) Rules adopted under this section shall:
(1) establish a system for enforcement of
administrative citations, including [but not limited to]
assessment of a late fee not to exceed $5 [$2] and towing,
impoundment, or immobilization of vehicles; and
(2) provide [for] a procedure of administrative review
within the highway patrol district that includes the Capitol
Complex [capitol police district] and, on request of the person
assessed an administrative fine, further judicial review by the
department filing the appropriate citation or complaint in a court
[of competent jurisdiction], as provided in Section 411.066.
(d) The department shall remit to the comptroller for
deposit in the general revenue fund each [any] administrative fine
and late fee collected [received] under this section. The money
deposited [Such revenues] may be appropriated only to the
department for [capitol police] security and parking in the highway
patrol district that includes the Capitol Complex.
SECTION 20.02. This article takes effect September 1, 2009.
ARTICLE 21. CRIMINAL HISTORY REPORTING
SECTION 21.001. Chapter 60, Code of Criminal Procedure, is
amended by adding Article 60.10 to read as follows:
Art. 60.10. DATA REPORTING IMPROVEMENT PLAN. (a) In this
article, "disposition completeness percentage" has the meaning
assigned by Article 60.21(c).
(b) This article applies only to a county that has an
average disposition completeness percentage, including both
juvenile and adult dispositions, of less than 90 percent, as
reflected in the first report the Department of Public Safety
submits under Article 60.21(b)(2) on or after January 1, 2009.
(c) The commissioners court of a county described by
Subsection (b) shall establish a local data advisory board as
described by Article 60.09 not later than November 1, 2009. A local
data advisory board established under this article may include any
person described by Article 60.09(b) and must include:
(1) the sheriff of the county, or the sheriff's
designee;
(2) an attorney who represents the state in the
district courts of the county;
(3) an attorney who represents the state in the county
courts of the county;
(4) the clerk for the district courts of the county, or
the clerk's designee;
(5) the clerk for the county courts of the county, or
the clerk's designee;
(6) the police chief of the municipality with the
greatest population located in the county, or the chief's designee;
(7) a representative of the county's automated data
processing services, if the county performs those services; and
(8) a representative of an entity with whom the county
contracts for automated data processing services, if the county
contracts for those services.
(d) In addition to the duties described by Article 60.09(a),
a local data advisory board established under this article must
prepare a data reporting improvement plan. The data reporting
improvement plan must:
(1) describe the manner in which the county intends to
improve the county's disposition completeness percentage;
(2) ensure that the county takes the steps necessary
for the county's average disposition completeness percentage to be
equal to or greater than 90 percent in the first report the
Department of Public Safety submits under Article 60.21(b)(2) on or
after January 1, 2013; and
(3) include a comprehensive strategy by which the
county will permanently maintain the county's disposition
completeness percentage at or above 90 percent.
(e) Not later than June 1, 2010, a local data advisory board
established under this article shall submit to the Department of
Public Safety the data reporting improvement plan prepared for the
county. On receipt of a data reporting improvement plan under this
article, the department shall post the plan on the Internet website
maintained by the department.
(f) The public safety director of the Department of Public
Safety may adopt rules concerning the contents and form of a data
reporting improvement plan prepared under this article.
(g) This article expires September 1, 2013.
SECTION 21.002. Article 60.21, Code of Criminal Procedure,
is amended by amending Subsection (b) and adding Subsection (c) to
read as follows:
(b) The Department of Public Safety shall:
(1) monitor the submission of arrest and disposition
information by local jurisdictions;
(2) annually submit to the Legislative Budget Board,
the governor, the lieutenant governor, the state auditor, and the
standing committees in the senate and house of representatives that
have primary jurisdiction over criminal justice and the Department
of Public Safety [council] a report regarding the level of
reporting by local jurisdictions;
(3) identify local jurisdictions that do not report
arrest or disposition information or that partially report
information; and
(4) for use in determining the status of outstanding
dispositions, publish monthly on the Department of Public Safety's
Internet website or on another electronic publication a report
listing each arrest by local jurisdiction for which there is no
corresponding final court disposition.
(c) The report described by Subsection (b)(2) must contain a
disposition completeness percentage for each county in this state.
For purposes of this subsection, "disposition completeness
percentage" means the percentage of arrest charges a county reports
to the Department of Public Safety to be entered in the computerized
criminal history system under this chapter that were brought
against a person in the county for which a disposition has been
subsequently reported and entered into the computerized criminal
history system.
ARTICLE 22. TRANSFER OF REGULATORY PROGRAMS RELATING TO DISPENSING
CONTROLLED SUBSTANCES BY PRESCRIPTION
SECTION 22.01. (a) The director of the Department of
Public Safety or the director's designee, the executive director of
the Texas State Board of Pharmacy or the executive director's
designee, and the executive director of the Texas Medical Board or
the executive director's designee shall meet as an interagency
council to develop a transition plan for the orderly transfer from
the Department of Public Safety to the Texas State Board of Pharmacy
of certain records and regulatory functions relating to dispensing
controlled substances by prescription under Chapter 481, Health and
Safety Code.
(b) In developing the transition plan, the council shall:
(1) consult with the Health and Human Services
Commission, the Department of State Health Services, and other
health and human services agencies that contract with a third party
for data collection;
(2) specify the records and regulatory functions to be
transferred;
(3) create a time frame within which the specified
records and functions will be transferred;
(4) ensure the Department of Public Safety's continued
access for law enforcement purposes to prescription drug
information obtained under Chapter 481, Health and Safety Code;
(5) develop a plan for the transfer of relevant
database information;
(6) make recommendations for improvements to data
transmission, including examining the feasibility of implementing
an electronic data transmission system for use by registrants and
the Department of Public Safety or the Texas State Board of
Pharmacy;
(7) estimate the fiscal impact of the transfer,
including an estimate of the costs associated with any necessary
staff increase;
(8) minimize disruptions to the professions affected
by the transfer;
(9) identify any obstacles to the transfer and make
recommendations to address those obstacles; and
(10) address any other consideration the council
determines is appropriate.
(c) Not later than January 1, 2011, the council shall submit
its recommendations to the legislature on the transition plan
developed by the council.
(d) The Department of Public Safety may not enter into any
contract or otherwise take any action that would prevent, delay, or
hinder a potential transfer to the Texas State Board of Pharmacy
occurring on or after September 1, 2011, of certain records and
regulatory functions relating to dispensing controlled substances
by prescription.
(e) This section expires September 1, 2011.
ARTICLE 23. EFFECTIVE DATE
SECTION 23.01. Except as otherwise provided by this Act,
this Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2730 was passed by the House on May
14, 2009, by the following vote: Yeas 145, Nays 0, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 2730 on May 29, 2009, and requested the appointment of a
conference committee to consider the differences between the two
houses; that the House adopted the conference committee report on
H.B. No. 2730 on May 31, 2009, by the following vote: Yeas 140,
Nays 0, 1 present, not voting; and that the House adopted H.C.R. No.
293 authorizing certain corrections in H.B. No. 2730 on June 1,
2009, by the following vote: Yeas 142, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2730 was passed by the Senate, with
amendments, on May 27, 2009, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; that
the Senate adopted the conference committee report on H.B. No. 2730
on May 31, 2009, by the following vote: Yeas 31, Nays 0; and that
the Senate adopted H.C.R. No. 293 authorizing certain corrections
in H.B. No. 2730 on June 1, 2009, by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor