82R29944 JAM-D
By: Williams, et al. S.B. No. 9
(Miller of Erath)
Substitute the following for S.B. No. 9: No.
A BILL TO BE ENTITLED
AN ACT
relating to homeland security; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 12, Agriculture Code, is amended by
adding Section 12.049 to read as follows:
Sec. 12.049. EVALUATION OF RURAL LAND SECURITY. (a) The
department, in conjunction with private landowners and other
appropriate entities, shall assess the impact of illegal activity
along the Texas-Mexico border on:
(1) rural landowners; and
(2) the agriculture industry.
(b) The department shall work in conjunction with other
appropriate entities to develop recommendations to enhance border
security and address issues identified under this section.
SECTION 2. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.252 to read as follows:
Art. 2.252. VERIFICATION OF IMMIGRATION STATUS OF PERSON
CHARGED WITH COMMITTING OFFENSE. (a) A law enforcement agency
that has custody of a person who has been arrested and transported
to a place of detention shall verify the immigration status of the
person by use of the federal Secure Communities program operated by
United States Immigration and Customs Enforcement or a successor
program.
(b) A law enforcement agency is not required to conduct an
immigration status verification under Subsection (a) of a person
who is transferred to the custody of the agency by another law
enforcement agency if the transferring agency, before transferring
custody of the person, conducted an immigration status verification
under Subsection (a).
SECTION 3. Subsection (a), Section 4, Article 37.07, Code
of Criminal Procedure, is amended to read as follows:
(a) In the penalty phase of the trial of a felony case in
which the punishment is to be assessed by the jury rather than the
court, if the offense of which the jury has found the defendant
guilty is an offense under Section 71.02 or 71.023, Penal Code, or
an offense listed in Section 3g(a)(1), Article 42.12, [of this
code] or if the judgment contains an affirmative finding under
Section 3g(a)(2), Article 42.12, [of this code,] unless the
defendant has been convicted of an offense under Section 21.02,
Penal Code, an offense under Section 22.021, Penal Code, that is
punishable under Subsection (f) of that section, or a capital
felony, the court shall charge the jury in writing as follows:
"Under the law applicable in this case, the defendant, if
sentenced to a term of imprisonment, may earn time off the period of
incarceration imposed through the award of good conduct time.
Prison authorities may award good conduct time to a prisoner who
exhibits good behavior, diligence in carrying out prison work
assignments, and attempts at rehabilitation. If a prisoner engages
in misconduct, prison authorities may also take away all or part of
any good conduct time earned by the prisoner.
"It is also possible that the length of time for which the
defendant will be imprisoned might be reduced by the award of
parole.
"Under the law applicable in this case, if the defendant is
sentenced to a term of imprisonment, the defendant [he] will not
become eligible for parole until the actual time served equals
one-half of the sentence imposed or 30 years, whichever is less,
without consideration of any good conduct time the defendant [he]
may earn. If the defendant is sentenced to a term of less than four
years, the defendant [he] must serve at least two years before the
defendant [he] is eligible for parole. Eligibility for parole does
not guarantee that parole will be granted.
"It cannot accurately be predicted how the parole law and
good conduct time might be applied to this defendant if [he is]
sentenced to a term of imprisonment, because the application of
these laws will depend on decisions made by prison and parole
authorities.
"You may consider the existence of the parole law and good
conduct time. However, you are not to consider the extent to which
good conduct time may be awarded to or forfeited by this particular
defendant. You are not to consider the manner in which the parole
law may be applied to this particular defendant."
SECTION 4. Article 59.06, Code of Criminal Procedure, is
amended by adding Subsections (c-2) and (c-3) to read as follows:
(c-2) Notwithstanding Subsection (a), with respect to
forfeited property seized in connection with a violation of Chapter
481, Health and Safety Code (Texas Controlled Substances Act), by a
peace officer employed by the Department of Public Safety, and
awarded to the state by entry of a default judgment, the attorney
representing the state shall enter into a local agreement with the
department that allows the attorney representing the state either
to:
(1) transfer forfeited property to the department to
maintain, repair, use, and operate for official purposes in the
manner provided by Subsection (b); or
(2) allocate the property or the proceeds from the
sale of forfeited property described by Subsection (c) in the
following proportions:
(A) 40 percent to a special fund in the
department to be used solely for law enforcement purposes;
(B) 30 percent to a special fund in the county
treasury for the benefit of the office of the attorney representing
the state, to be used by the attorney solely for the official
purposes of the attorney's office; and
(C) 30 percent to the general revenue fund.
(c-3) Notwithstanding Subsections (a) and (c-2), with
respect to forfeited property seized in connection with a violation
of Chapter 481, Health and Safety Code (Texas Controlled Substances
Act), by the Department of Public Safety concurrently with any
other law enforcement agency, in a proceeding under Article 59.05
in which a default judgment is rendered in favor of the state, the
attorney representing the state may allocate property or proceeds
in accordance with a memorandum of understanding between the law
enforcement agencies and the attorney representing the state.
SECTION 5. Subchapter A, Chapter 411, Government Code, is
amended by adding Section 411.0094 to read as follows:
Sec. 411.0094. AUTOMATIC LICENSE PLATE READER PILOT
PROGRAM. (a) In this section, "automatic license plate reader"
means a system that reads and records license plate numbers taken
from digital photographs.
(b) The department shall establish a pilot program in which
automatic license plate readers may be installed in law enforcement
motor vehicles used by the department for law enforcement.
(c) The program must include a request for proposal process
to select a contractor for the installation of automatic license
plate readers.
(d) The department shall adopt rules as necessary to
implement the program.
(e) An automatic license plate reader installed under this
section:
(1) may be used only to record information necessary
to identify a motor vehicle; and
(2) may not be used to record an image of a person in a
motor vehicle.
(f) The images and any related data produced from an
automatic license plate identification camera system may be queried
or disseminated only for a law enforcement purpose.
(g) All data produced from an automatic license plate reader
shall be destroyed within one year of collection unless the data is
evidence in a criminal investigation or prosecution.
(h) Any agreement or memorandum of understanding concerning
data-sharing related to an automatic license plate identification
camera system between law enforcement entities collecting,
sharing, or gaining access to data under this section is subject to
the provisions of Chapter 552.
(i) Not later than December 1, 2012, the department shall
file a report with the committee in each house of the legislature
having primary jurisdiction over homeland security matters. The
report must include:
(1) information regarding the use of automatic license
plate readers by the department; and
(2) any other information that would assist the
legislature in evaluating the effectiveness of the use of automatic
license plate readers by the department.
(j) This section expires September 1, 2013.
SECTION 6. The heading to Section 411.0095, Government
Code, is amended to read as follows:
Sec. 411.0095. VEHICLE [THEFT] CHECKPOINTS NEAR
TEXAS-MEXICO [AT] BORDER [CROSSING].
SECTION 7. Subsections (a) through (d), Section 411.0095,
Government Code, are amended to read as follows:
(a) The department may establish [a program for the purpose
of establishing] border [crossing] checkpoints to prevent the
unlawful possession or unlawful and imminent movement or transfer
from this state to Mexico of:
(1) firearms, in violation of Section 46.14, Penal
Code;
(2) controlled substances, in violation of Chapter
481, Health and Safety Code;
(3) currency, in violation of Section 34.02, Penal
Code; or
(4) stolen vehicles, farm tractors or implements,
construction equipment, aircraft, or watercraft, in violation of
Section 31.03, Penal Code [from entering Mexico].
(b) A checkpoint may be established under Subsection (a) if
the checkpoint is:
(1) located within 250 yards of a federally designated
crossing facility located at or near the actual boundary between
this state and Mexico;
(2) located on a public highway or street leading
directly to an international border crossing;
(3) designed to stop only traffic bound for Mexico;
and
(4) operated in such a manner as to prevent firearms,
controlled substances, currency, [stop only] vehicles, tractors or
implements, equipment, aircraft, or watercraft that [for which] law
enforcement authorities have probable cause to believe are
unlawfully possessed or being unlawfully and imminently
transferred or moved from this state to [is stolen and bound for]
Mexico from being possessed or transferred or moved to Mexico.
(c) The department may establish [the] border checkpoints
[crossing checkpoint program] in conjunction with federal and local
law enforcement authorities. The department and federal and local
law enforcement authorities may share the cost of staffing the
checkpoints.
(d) The department shall establish procedures governing the
encounter between the driver and the peace officers operating the
checkpoint that ensure that any intrusion on the driver is
minimized and that the inquiries made are reasonably related to the
purpose of the checkpoint. [A peace officer at the checkpoint may
not direct a driver or a passenger in a motor vehicle to leave the
vehicle or move the vehicle off the roadway unless the officer has
reasonable suspicion or probable cause to believe that the person
committed or is committing an offense. However, a peace officer may
require that each motor vehicle passing through the checkpoint be
diverted to a location immediately adjacent to the roadway, if
desirable, to ensure safety.]
SECTION 8. Effective September 1, 2015, Section 411.0095,
Government Code, is reenacted to read as follows:
Sec. 411.0095. VEHICLE THEFT CHECKPOINTS AT BORDER
CROSSING. (a) The department may establish a program for the
purpose of establishing border crossing checkpoints to prevent
stolen vehicles, farm tractors or implements, construction
equipment, aircraft, or watercraft from entering Mexico.
(b) A checkpoint may be established under Subsection (a) if
the checkpoint is:
(1) located within 250 yards of a federally designated
crossing facility located at or near the actual boundary between
this state and Mexico;
(2) located on a public highway or street leading
directly to an international border crossing;
(3) designed to stop only traffic bound for Mexico;
and
(4) operated in such a manner as to stop only vehicles,
tractors or implements, equipment, aircraft, or watercraft for
which law enforcement authorities have probable cause to believe is
stolen and bound for Mexico.
(c) The department may establish the border crossing
checkpoint program in conjunction with local law enforcement
authorities. The department and local law enforcement authorities
may share the cost of staffing the checkpoints.
(d) The department shall establish procedures governing the
encounter between the driver and the peace officers operating the
checkpoint that ensure that any intrusion on the driver is
minimized and that the inquiries made are reasonably related to the
purpose of the checkpoint. A peace officer at the checkpoint may
not direct a driver or a passenger in a motor vehicle to leave the
vehicle or move the vehicle off the roadway unless the officer has
reasonable suspicion or probable cause to believe that the person
committed or is committing an offense. However, a peace officer may
require that each motor vehicle passing through the checkpoint be
diverted to a location immediately adjacent to the roadway, if
desirable, to ensure safety.
(e) In this section:
(1) "Motor vehicle" and "vehicle" have the meanings
assigned to those terms by Section 541.201, Transportation Code.
(2) "Watercraft" has the meaning assigned by Section
49.01, Penal Code.
SECTION 9. Section 411.023, Government Code, is amended by
amending Subsection (b) and adding Subsection (g) to read as
follows:
(b) A special ranger is subject to the orders of the
commission and the governor for special duty to the same extent as
other law enforcement officers provided for by this chapter, except
that a special ranger may not enforce a law [except one designed to
protect life and property and may not enforce a law] regulating the
use of a state highway by a motor vehicle. A special ranger is not
connected with a ranger company or uniformed unit of the
department.
(g) The director may call special rangers into service to:
(1) preserve the peace and protect life and property;
(2) conduct background investigations;
(3) monitor sex offenders;
(4) serve as part of two-officer units on patrol in
high threat areas; and
(5) provide assistance to the department during
disasters.
SECTION 10. Section 411.024, Government Code, is amended by
amending Subsection (b) and adding Subsection (g) to read as
follows:
(b) A special Texas Ranger is subject to the orders of the
commission and the governor for special duty to the same extent as
other law enforcement officers provided for by this chapter, except
that a special Texas Ranger may not enforce a law [except one
designed to protect life and property and may not enforce a law]
regulating the use of a state highway by a motor vehicle. A special
Texas Ranger is not connected with a ranger company or uniformed
unit of the department.
(g) The director may call special Texas Rangers into service
to:
(1) preserve the peace and protect life and property;
(2) conduct background investigations;
(3) monitor sex offenders;
(4) serve as part of two-officer units on patrol in
high threat areas; and
(5) provide assistance to the department during
disasters.
SECTION 11. Subsection (d), Section 508.145, Government
Code, is amended to read as follows:
(d) An inmate serving a sentence for an offense described by
Section 3g(a)(1)(A), (C), (D), (E), (F), (G), (H), (I), (J), or (K),
Article 42.12, Code of Criminal Procedure, [or for] an offense for
which the judgment contains an affirmative finding under Section
3g(a)(2) of that article, or an offense under Section 71.02 or
71.023, Penal Code, is not eligible for release on parole until the
inmate's actual calendar time served, without consideration of good
conduct time, equals one-half of the sentence or 30 calendar years,
whichever is less, but in no event is the inmate eligible for
release on parole in less than two calendar years.
SECTION 12. Subsection (a), Section 508.149, Government
Code, is amended to read as follows:
(a) An inmate may not be released to mandatory supervision
if the inmate is serving a sentence for or has been previously
convicted of:
(1) an offense for which the judgment contains an
affirmative finding under Section 3g(a)(2), Article 42.12, Code of
Criminal Procedure;
(2) a first degree felony or a second degree felony
under Section 19.02, Penal Code;
(3) a capital felony under Section 19.03, Penal Code;
(4) a first degree felony or a second degree felony
under Section 20.04, Penal Code;
(5) an offense under Section 21.11, Penal Code;
(6) a felony under Section 22.011, Penal Code;
(7) a first degree felony or a second degree felony
under Section 22.02, Penal Code;
(8) a first degree felony under Section 22.021, Penal
Code;
(9) a first degree felony under Section 22.04, Penal
Code;
(10) a first degree felony under Section 28.02, Penal
Code;
(11) a second degree felony under Section 29.02, Penal
Code;
(12) a first degree felony under Section 29.03, Penal
Code;
(13) a first degree felony under Section 30.02, Penal
Code;
(14) a felony for which the punishment is increased
under Section 481.134 or Section 481.140, Health and Safety Code;
(15) an offense under Section 43.25, Penal Code;
(16) an offense under Section 21.02, Penal Code; [or]
(17) a first degree felony under Section 15.03, Penal
Code; or
(18) a first degree felony under Section 71.02 or
71.023, Penal Code.
SECTION 13. Subsection (a), Section 511.0101, Government
Code, as amended by Chapters 977 (H.B. 3654) and 1215 (S.B. 1009),
Acts of the 81st Legislature, Regular Session, 2009, is reenacted
and amended to read as follows:
(a) Each county shall submit to the commission on or before
the fifth day of each month a report containing the following
information:
(1) the number of prisoners confined in the county
jail on the first day of the month, classified on the basis of the
following categories:
(A) total prisoners;
(B) pretrial Class C misdemeanor offenders;
(C) pretrial Class A and B misdemeanor offenders;
(D) convicted misdemeanor offenders;
(E) felony offenders whose penalty has been
reduced to a misdemeanor;
(F) pretrial felony offenders;
(G) convicted felony offenders;
(H) prisoners detained on bench warrants;
(I) prisoners detained for parole violations;
(J) prisoners detained for federal officers;
(K) prisoners awaiting transfer to the
institutional division of the Texas Department of Criminal Justice
following conviction of a felony or revocation of probation,
parole, or release on mandatory supervision and for whom paperwork
and processing required for transfer have been completed;
(L) prisoners detained after having been
transferred from another jail and for whom the commission has made a
payment under Subchapter F, Chapter 499, Government Code;
(M) prisoners for whom an immigration detainer
has been issued by United States Immigration and Customs
Enforcement [who are known to be pregnant]; and
(N) other prisoners;
(2) the total capacity of the county jail on the first
day of the month;
(3) the total number of prisoners who were confined in
the county jail during the preceding month, based on a count
conducted on each day of that month, who were known or had been
determined to be pregnant; [and]
(4) the total cost to the county during the preceding
month of housing prisoners described by Subdivision (1)(M),
calculated based on the average daily cost of housing a prisoner in
the county jail; and
(5) certification by the reporting official that the
information in the report is accurate.
SECTION 14. Title 7, Government Code, is amended by adding
Chapter 793 to read as follows:
CHAPTER 793. STATE SOVEREIGNTY
Sec. 793.001. FINDINGS. (a) The Legislature of the State
of Texas makes findings as stated in this section.
(b) The Tenth Amendment to the United States Constitution
guarantees to the states and the people all powers not granted to
the federal government elsewhere in the constitution and reserves
to the state and people of Texas certain powers as they were
understood at the time that Texas was admitted to statehood in 1845.
The guaranty of those powers is a matter of contract between the
state and people of Texas and the United States dating from the time
Texas became a state.
(c) The Ninth Amendment to the United States Constitution
guarantees to the people rights not otherwise granted in the
constitution and reserves to the people of Texas certain rights as
they were understood at the time that Texas became a state. The
guaranty of those rights is a matter of contract between the state
and people of Texas and the United States dating from the time Texas
became a state.
Sec. 793.002. STATE SOVEREIGNTY. Except as limited by the
minimum due process and equal protection requirements imposed on
the states by the Fourteenth Amendment to the United States
Constitution, the State of Texas reasserts and reaffirms the
state's autonomous sovereign authority under the Tenth Amendment to
preserve and protect the security, safety, health, welfare,
property, and morals of the citizens of the state without
interference or oversight from federal authorities.
Sec. 793.003. ACTION DEFENDING STATE SOVEREIGNTY; DUTY OF
ATTORNEY GENERAL TO REPRESENT STATE. (a) In order to protect the
state's sovereign authority to determine for itself the appropriate
means to preserve and protect the security, safety, health,
welfare, property, and morals of the citizens of the state, the
governor or a member of the legislature may bring a civil suit in
the individual's official capacity to challenge any action taken by
a federal authority that attempts to interfere with the state's
sovereign authority.
(b) The attorney general shall represent the governor and a
member of the legislature in any litigation brought under this
section, including an action brought by the governor or a member of
the legislature in the governor's or member's official capacity.
(c) The governor and a member of the legislature bringing an
action in the individual's official capacity under this section are
immune from civil liability resulting from the governor's or
member's participation in litigation under this section, including
liability for attorney's fees, costs, and sanctions that may be
awarded in the litigation.
SECTION 15. Subchapter C, Chapter 2155, Government Code, is
amended by adding Section 2155.151 to read as follows:
Sec. 2155.151. CERTAIN PURCHASES BY STATE AGENCY PERFORMING
LAW ENFORCEMENT FUNCTIONS. (a) Except as provided by Subsection
(b), the governing body of a state agency that performs a law
enforcement function may exempt the agency from the purchasing
procedures under this subtitle or Chapter 2252 for the purpose of
purchasing equipment related to the agency's law enforcement
functions if the governing body:
(1) obtains a written opinion from the comptroller or
the Legislative Budget Board on whether the procedures should be
waived; and
(2) after considering the written opinion under
Subdivision (1), determines that following those procedures would
negatively impact homeland security or impair the agency's ability
to perform the agency's law enforcement functions.
(b) The governing body of a state agency may not exempt the
agency from purchasing procedures under:
(1) this chapter or Chapter 2156 relating to the use of
requests for proposal and competitive bidding;
(2) Section 2155.385;
(3) Chapter 2157 relating to the use of requests for
proposal, competitive sealed proposals, competitive sealed
bidding, and informal competitive bidding;
(4) Chapter 2161;
(5) Subchapters A and B, Chapter 2171;
(6) Section 2252.002; or
(7) Subchapter E, Chapter 2252.
SECTION 16. Subsection (a), Section 2166.003, Government
Code, is amended to read as follows:
(a) Unless otherwise provided, this chapter does not apply
to:
(1) a project constructed by and for the Texas
Department of Transportation;
(2) a project constructed by and for a state
institution of higher education;
(3) a pen, shed, or ancillary building constructed by
and for the Department of Agriculture for the processing of
livestock before export;
(4) a project constructed by the Parks and Wildlife
Department;
(5) a repair or rehabilitation project, except a major
renovation, of buildings and grounds on the commission inventory;
(6) a repair and rehabilitation project of another
using agency, if all labor for the project is provided by the
regular maintenance force of the using agency under specific
legislative authorization and the project does not require the
advance preparation of working plans or drawings;
(7) a repair and rehabilitation project involving the
use of contract labor, if the project has been excluded from this
chapter by commission rule and does not require the advance
preparation of working plans or drawings;
(8) an action taken by the Texas Commission on
Environmental Quality under Subchapter F or I, Chapter 361, Health
and Safety Code;
(9) a repair, rehabilitation, or construction project
on property owned by the Texas Department of Housing and Community
Affairs or the Texas State Affordable Housing Corporation; [or]
(10) a project constructed by and for the Veterans'
Land Board; or
(11) a project constructed by and for the Department
of Public Safety.
SECTION 17. (a) The purpose of this section is to provide
for the execution of the policies of the federal Immigration and
Nationality Act (8 U.S.C. Section 1101 et seq.), identify
employment practices that violate Sections 1324(a)(1) and (a)(2) of
that Act, and make available to this state the full productive
employment capacities of United States citizens, lawful permanent
residents, and employment-authorized foreign-born nationals in
this state.
(b) Subtitle B, Title 2, Labor Code, is amended by adding
Chapter 53 to read as follows:
CHAPTER 53. EMPLOYMENT OF UNAUTHORIZED FOREIGN NATIONALS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 53.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Workforce
Commission.
(2) "Employee" means an individual who is employed by
an employer for compensation.
(3) "Employer" means a person who:
(A) employs one or more employees; or
(B) acts directly or indirectly in the interests
of an employer in relation to an employee.
(4) "E-Verify program" means the electronic
verification of work authorization program of the federal Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (Pub.
L. No. 104-208, reprinted in note, 8 U.S.C. Section 1324a),
operated by the United States Department of Homeland Security, or a
successor work authorization program designated by the United
States Department of Homeland Security or another federal agency
authorized to verify the work authorization status of newly hired
employees under the federal Immigration Reform and Control Act of
1986 (8 U.S.C. Section 1101 et seq.).
(5) "Knowingly" means, with respect to employing,
recruiting, or referring an unauthorized foreign national, having
actual knowledge that a person is an unauthorized foreign national
or failing to perform a legal duty to determine the employment
eligibility status of an unauthorized foreign national.
(6) "Lawful resident alien" means a person who is
entitled to lawful residence in the United States under the federal
Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.).
(7) "Lawful resident verification information" means
the documentation required by the United States Department of
Homeland Security for completing the employment eligibility
verification form commonly referred to as the I-9. Documentation
that satisfies the requirements of the Form I-9 at the time of
employment is lawful resident verification information.
(8) "Unauthorized foreign national" means a foreign
national who at the time of employment is neither an alien who is
lawfully admitted for permanent residence in the United States
under the federal Immigration and Nationality Act (8 U.S.C. Section
1101 et seq.) nor authorized to be employed by that Act or the
United States attorney general.
Sec. 53.002. RULES. The commission shall adopt rules for
the administration of this chapter.
[Sections 53.003-53.050 reserved for expansion]
SUBCHAPTER B. PROHIBITION AGAINST KNOWING EMPLOYMENT OF
UNAUTHORIZED FOREIGN NATIONAL
Sec. 53.051. PROHIBITION AGAINST KNOWING EMPLOYMENT OF
UNAUTHORIZED FOREIGN NATIONAL. (a) An employer may not knowingly
employ, or recruit or refer for a fee for employment, an
unauthorized foreign national.
(b) An employer has not violated Subsection (a) in regard to
a particular employee if:
(1) the employer, at least four calendar days after
the commencement of the employee's employment, requested from the
employee and received and documented in the employee's employment
record lawful resident verification information consistent with
employer requirements under the federal Immigration Reform and
Control Act of 1986 (8 U.S.C. Section 1101 et seq.); and
(2) the lawful resident verification information
provided by the employee later was determined to be false.
(c) An employer has not violated Subsection (a) in regard to
a particular employee if the employer verified the immigrant status
of the person at least four calendar days after the commencement of
the employee's employment through the E-Verify program.
[Sections 53.052-53.100 reserved for expansion]
SUBCHAPTER C. FILING COMPLAINTS
Sec. 53.101. FILING COMPLAINT. (a) A person who has reason
to believe that an employer has violated Section 53.051(a) may file
a complaint with the commission.
(b) A complaint must:
(1) be in writing on a form prescribed by the
commission; and
(2) be verified by the person making the complaint.
(c) A person may file a complaint under this section:
(1) in person at an office of the commission; or
(2) by mailing the complaint to an address designated
by the commission.
[Sections 53.102-53.150 reserved for expansion]
SUBCHAPTER D. BIENNIAL REPORT TO LEGISLATURE
Sec. 53.151. BIENNIAL REPORT TO LEGISLATURE. (a) Not later
than November 1 of each even-numbered year, the commission shall
prepare and submit to the governor and the legislature a written
report based on nonidentifiable, summary data compiled by the
commission from complaints filed under Subchapter C during the two
preceding state fiscal years.
(b) The report must include any relevant information and
analysis the commission determines would assist the legislature in
making informed decisions regarding the issue of illegal
immigration as it relates to employment in this state.
(c) The report may not include any information that could
reasonably be expected to reveal the identity of a particular
employer or employee or of a person who files a complaint with the
commission under Subchapter C.
SECTION 18. Subsections (b) and (c), Section 38.04, Penal
Code, are amended to read as follows:
(b) An offense under this section is a Class A misdemeanor,
except that the offense is:
(1) a state jail felony if[:
[(A)] the actor has been previously convicted
under this section; [or
[(B) the actor uses a vehicle while the actor is
in flight and the actor has not been previously convicted under this
section;]
(2) a felony of the third degree if:
(A) the actor uses a vehicle while the actor is in
flight [and the actor has been previously convicted under this
section]; [or]
(B) another suffers serious bodily injury as a
direct result of an attempt by the officer from whom the actor is
fleeing to apprehend the actor while the actor is in flight; or
(C) the actor uses a tire deflation device
against the officer while the actor is in flight; or
(3) a felony of the second degree if:
(A) another suffers death as a direct result of
an attempt by the officer from whom the actor is fleeing to
apprehend the actor while the actor is in flight; or
(B) another suffers serious bodily injury as a
direct result of the actor's use of a tire deflation device while
the actor is in flight.
(c) In this section:
(1) "Vehicle" [, "vehicle"] has the meaning assigned
by Section 541.201, Transportation Code.
(2) "Tire deflation device" has the meaning assigned
by Section 46.01.
SECTION 19. Section 46.01, Penal Code, is amended by adding
Subdivision (17) to read as follows:
(17) "Tire deflation device" means a device, including
a caltrop or spike strip, that, when driven over, impedes or stops
the movement of a wheeled vehicle by puncturing one or more of the
vehicle's tires. The term does not include a traffic control device
that:
(A) is designed to puncture one or more of a
vehicle's tires when driven over in a specific direction; and
(B) has a clearly visible sign posted in close
proximity to the traffic control device that prohibits entry or
warns motor vehicle operators of the traffic control device.
SECTION 20. Subsections (a), (d), and (e), Section 46.05,
Penal Code, are amended to read as follows:
(a) A person commits an offense if the person [he]
intentionally or knowingly possesses, manufactures, transports,
repairs, or sells:
(1) an explosive weapon;
(2) a machine gun;
(3) a short-barrel firearm;
(4) a firearm silencer;
(5) a switchblade knife;
(6) knuckles;
(7) armor-piercing ammunition;
(8) a chemical dispensing device; [or]
(9) a zip gun; or
(10) a tire deflation device.
(d) It is an affirmative defense to prosecution under this
section that the actor's conduct:
(1) was incidental to dealing with a switchblade
knife, springblade knife, [or] short-barrel firearm, or tire
deflation device solely as an antique or curio; [or]
(2) was incidental to dealing with armor-piercing
ammunition solely for the purpose of making the ammunition
available to an organization, agency, or institution listed in
Subsection (b); or
(3) was incidental to dealing with a tire deflation
device solely for the purpose of making the device available to an
organization, agency, or institution listed in Subsection (b).
(e) An offense under Subsection (a)(1), (2), (3), (4), (7),
(8), or (9) [this section] is a felony of the third degree. An
offense [unless it is committed] under Subsection (a)(5) or
(a)(6)[, in which event, it] is a Class A misdemeanor. An offense
under Subsection (a)(10) is a state jail felony.
SECTION 21. Subsection (b), Section 71.02, Penal Code, as
amended by Chapters 761 (H.B. 354) and 900 (S.B. 1067), Acts of the
73rd Legislature, Regular Session, 1993, is reenacted and amended
to read as follows:
(b) Except as provided in Subsections (c) and (d), an
offense under this section is one category higher than the most
serious offense listed in Subsection (a) that was committed, and if
the most serious offense is a Class A misdemeanor, the offense is a
state jail felony, except that if the most serious offense is a
felony of the first degree, the offense is a felony of the first
degree punishable by imprisonment in the Texas Department of
Criminal Justice for life or for any term of not more than 99 years
or less than 15 years.
SECTION 22. Subsection (c), Section 71.02, Penal Code, as
amended by Chapters 761 (H.B. 354) and 900 (S.B. 1067), Acts of the
73rd Legislature, Regular Session, 1993, is reenacted to read as
follows:
(c) Conspiring to commit an offense under this section is of
the same degree as the most serious offense listed in Subsection (a)
that the person conspired to commit.
SECTION 23. Section 71.023, Penal Code, is amended to read
as follows:
Sec. 71.023. DIRECTING ACTIVITIES OF [CERTAIN] CRIMINAL
STREET GANGS. (a) A person commits an offense if the person, as
part of the identifiable leadership of a criminal street gang,
knowingly [initiates, organizes, plans,] finances, directs,
[manages,] or supervises the commission of, or a conspiracy to
commit, one or more of the following offenses by [a criminal street
gang or] members of a criminal street gang:
(1) a felony that is listed in Section 3g(a)(1),
Article 42.12, Code of Criminal Procedure;
(2) a felony for which it is shown that a deadly
weapon, as defined by Section 1.07, was used or exhibited during the
commission of the offense or during immediate flight from the
commission of the offense; or
(3) an offense that is punishable as a felony of the
first or second degree under Chapter 481, Health and Safety Code
[with the intent to benefit, promote, or further the interests of
the criminal street gang or to increase the person's standing,
position, or status in the criminal street gang].
(b) An offense under this section is a felony of the first
degree punishable by imprisonment in the Texas Department of
Criminal Justice for life or for any term of not more than 99 years
or less than 25 years.
[(c) Notwithstanding Section 71.01, in this section,
"criminal street gang" means:
[(1) an organization that:
[(A) has more than 10 members whose names are
included in an intelligence database under Chapter 61, Code of
Criminal Procedure;
[(B) has a hierarchical structure that has been
documented in an intelligence database under Chapter 61, Code of
Criminal Procedure;
[(C) engages in profit-sharing among two or more
members of the organization; and
[(D) in one or more regions of this state served
by different regional councils of government, continuously or
regularly engages in conduct:
[(i) that constitutes an offense listed in
Section 3g(a)(1), Article 42.12, Code of Criminal Procedure;
[(ii) in which it is alleged that a deadly
weapon is used or exhibited during the commission of or immediate
flight from the commission of any felony offense; or
[(iii) that is punishable as a felony of the
first or second degree under Chapter 481, Health and Safety Code; or
[(2) an organization that, in collaboration with an
organization described by Subdivision (1), engages in conduct or
commits an offense or conspires to engage in conduct or commit an
offense described by Subdivision (1)(D).]
SECTION 24. Subsection (b), Section 521.041,
Transportation Code, is amended to read as follows:
(b) The department shall maintain suitable indexes, in
alphabetical or numerical order, that contain:
(1) each denied application and the reasons for the
denial;
(2) each application that is granted; [and]
(3) the name of each license holder whose license has
been suspended, canceled, or revoked and the reasons for that
action; and
(4) the citizenship status of each holder of a license
or personal identification certificate.
SECTION 25. Section 521.101, Transportation Code, is
amended by adding Subsections (d-1), (f-2), and (f-3) and amending
Subsection (f) to read as follows:
(d-1) Unless the information has been previously provided
to the department, the department shall require each applicant for
an original, renewal, or duplicate personal identification
certificate to furnish to the department:
(1) proof of the applicant's United States
citizenship; or
(2) documentation described by Subsection (f-2).
(f) A personal identification certificate:
(1) for an applicant who is a citizen, national, or
legal permanent resident of the United States or a refugee or asylee
lawfully admitted into the United States:
(A) expires on a date specified by the department
if the applicant is younger than 60 years of age; or
(B) does not expire if the applicant is 60 years
of age or older; or
(2) for an applicant not described by Subdivision (1),
expires on:
(A) the earlier of:
(i) a date specified by the department; or
(ii) the expiration date of the applicant's
authorized stay in the United States; or
(B) the first anniversary of the date of
issuance, if there is no definite expiration date for the
applicant's authorized stay in the United States[, except that a
certificate issued to a person 60 years of age or older does not
expire].
(f-2) An applicant who is not a citizen of the United States
must present to the department documentation issued by the
appropriate United States agency that authorizes the applicant to
be in the United States.
(f-3) The department may not issue a personal
identification certificate to an applicant who fails or refuses to
comply with Subsection (f-2).
SECTION 26. Section 521.103, Transportation Code, is
amended by adding Subsection (c) to read as follows:
(c) Sections 521.101(f-2) and (f-3) apply to a personal
identification certificate for which application is made under this
section.
SECTION 27. Subsections (a) and (e), Section 521.142,
Transportation Code, are 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. An applicant who is not a citizen of the United
States must present to the department documentation issued by the
appropriate United States agency that authorizes the applicant to
be in the United States before the applicant may be issued a
driver's license. 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.
(e) The application must include any other information the
department requires to determine the applicant's identity,
residency, competency, and eligibility as required by the
department or state law.
SECTION 28. Section 521.1425, Transportation Code, is
amended by amending Subsection (a) and adding Subsection (c) to
read as follows:
(a) Except as provided by Subsections [Subsection] (b) and
(c), the department may require each applicant for an original,
renewal, or duplicate driver's license to furnish to the department
the information required by Section 521.142.
(c) Unless the information has been previously provided to
the department, the department shall require each applicant for an
original, renewal, or duplicate driver's license to furnish to the
department:
(1) proof of the applicant's United States
citizenship; or
(2) documentation described by Section 521.142(a).
SECTION 29. Section 521.271, Transportation Code, is
amended by amending Subsections (a) and (b) and adding Subsections
(a-2), (a-3), and (a-4) to read as follows:
(a) Each original driver's license, [and] provisional
license, instruction permit, or occupational driver's license
issued to an applicant who is a citizen, national, or legal
permanent resident of the United States or a refugee or asylee
lawfully admitted into the United States 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 18th
birthday of the license holder;
(3) an instruction permit expires on the 18th birthday
of the license holder;
(4) an occupational driver's license expires on the
first anniversary of the court order granting the license; and
(5) unless an earlier date is otherwise provided, a
driver's license issued to a person whose residence or domicile is a
correctional facility or a parole facility expires on the first
birthday of the license holder occurring after the first
anniversary of the date of issuance.
(a-2) Each original driver's license issued to an applicant
who is not a citizen, national, or legal permanent resident of the
United States or a refugee or asylee lawfully admitted into the
United States expires on:
(1) the earlier of:
(A) the first birthday of the license holder
occurring after the sixth anniversary of the date of the
application; or
(B) the expiration date of the license holder's
lawful presence in the United States as determined by the
appropriate United States agency in compliance with federal law; or
(2) the first anniversary of the date of issuance, if
there is no definite expiration date for the applicant's authorized
stay in the United States.
(a-3) Each original provisional license or instruction
permit issued to an applicant who is not a citizen, national, or
legal permanent resident of the United States or a refugee or asylee
lawfully admitted into the United States expires on the earliest
of:
(1) the 18th birthday of the license holder;
(2) the first birthday of the license holder occurring
after the date of the application; or
(3) the expiration of the license holder's lawful
presence in the United States as determined by the United States
agency responsible for citizenship and immigration in compliance
with federal law.
(a-4) Each original occupational driver's license issued to
an applicant who is not a citizen, national, or legal permanent
resident of the United States or a refugee or asylee lawfully
admitted into the United States expires on the earlier of:
(1) the first anniversary of the date of issuance; or
(2) the expiration of the license holder's lawful
presence in the United States as determined by the appropriate
United States agency in compliance with federal law.
(b) Except as provided by Section 521.2711, a driver's
license that is renewed expires on the earlier of:
(1) the sixth anniversary of the expiration date
before renewal if the applicant is a citizen, national, or legal
permanent resident of the United States or a refugee or asylee
lawfully admitted into the United States;
(1-a) for an applicant not described by Subdivision
(1):
(A) the earlier of:
(i) the sixth anniversary of the expiration
date before renewal; or
(ii) the expiration date of the applicant's
authorized stay in the United States; or
(B) the first anniversary of the date of
issuance, if there is no definite expiration date for the
applicant's authorized stay in the United States; or
(2) for a renewal driver's license issued to a person
whose residence or domicile is a correctional facility or a parole
facility, the first birthday of the license holder occurring after
the first anniversary of the date of issuance unless an earlier date
is otherwise provided.
SECTION 30. Section 521.2711, Transportation Code, is
amended by adding Subsection (c) to read as follows:
(c) Notwithstanding Subsections (a) and (b), an original or
renewal driver's license issued to an applicant who is 85 years of
age or older and not a citizen, national, or legal permanent
resident of the United States or a refugee or asylee lawfully
admitted into the United States expires on:
(1) the earlier of:
(A) the second anniversary of the expiration date
before renewal; or
(B) the expiration date of the applicant's
authorized stay in the United States; or
(2) the first anniversary of the date of issuance if
there is no definite expiration date for the applicant's authorized
stay in the United States.
SECTION 31. Section 521.272, Transportation Code, is
amended by amending Subsection (c) and adding Subsection (d) to
read as follows:
(c) Notwithstanding Sections [Section] 521.271 and
521.2711, a driver's license issued under this section, including a
renewal, duplicate, or corrected license, expires:
(1) if the license holder is a citizen, national, or
legal permanent resident of the United States or a refugee or asylee
lawfully admitted into the United States, on the first birthday of
the license holder occurring after the date of application, except
that the initial license issued under this section expires on the
second birthday of the license holder occurring after the date of
application; or
(2) if the applicant is not described by Subdivision
(1), on the earlier of:
(A) the expiration date of the applicant's
authorized stay in the United States; or
(B) the first birthday of the license holder
occurring after the date of application, except that the initial
license issued under this section expires on the second birthday of
the license holder occurring after the date of application.
(d) Subsection (c) [This subsection] does not apply to:
(1) a provisional license;
(2) an instruction permit issued under Section
521.222; or
(3) a hardship license issued under Section 521.223.
SECTION 32. Section 521.421, Transportation Code, is
amended by adding Subsection (a-3) to read as follows:
(a-3) Except as provided by Subsections (a-1) and (a-2), the
fee for a driver's license or personal identification certificate
that is issued to a person who is not a citizen, national, or legal
permanent resident of the United States or a refugee or asylee
lawfully admitted into the United States and that is valid for not
more than one year is $24.
SECTION 33. Section 522.005, Transportation Code, is
amended to read as follows:
Sec. 522.005. RULEMAKING AUTHORITY. The department may
adopt rules necessary to carry out this chapter and the federal act
and to maintain compliance with 49 C.F.R. Parts 383 and 384.
SECTION 34. Section 522.030, Transportation Code, is
amended to read as follows:
Sec. 522.030. CONTENT OF LICENSE. (a) A commercial
driver's license must:
(1) be marked "Commercial Driver License" or "CDL";
(2) be, to the extent practicable, tamper-proof; and
(3) include:
(A) the name and mailing address of the person to
whom it is issued;
(B) the person's color photograph;
(C) a physical description of the person,
including sex, height, and eye color;
(D) the person's date of birth;
(E) a number or identifier the department
considers appropriate;
(F) the person's signature;
(G) each class of commercial motor vehicle that
the person is authorized to drive, with any endorsements or
restrictions;
(H) the name of this state; and
(I) the dates between which the license is valid.
(b) To the extent of a conflict or inconsistency between
this section and Section 522.013 or 522.051, Section 522.013 or
522.051 controls.
SECTION 35. Subsection (b), Section 522.033,
Transportation Code, is amended to read as follows:
(b) Notwithstanding Section 522.051, a commercial driver's
license or commercial driver learner's permit issued under this
section, including a renewal, duplicate, or corrected license,
expires:
(1) if the license or permit holder is a citizen,
national, or legal permanent resident of the United States or a
refugee or asylee lawfully admitted into the United States, on the
first birthday of the license holder occurring after the date of
application, except that the initial license issued under this
section expires on the second birthday of the license holder
occurring after the date of application; or
(2) if the applicant is not described by Subdivision
(1), on the earlier of:
(A) the expiration date of the applicant's
authorized stay in the United States; or
(B) the first birthday of the license holder
occurring after the date of application, except that the initial
license issued under this section expires on the second birthday of
the license holder occurring after the date of application.
SECTION 36. Section 522.052, Transportation Code, is
amended by adding Subsection (i) to read as follows:
(i) Unless the information has been previously provided to
the department, the department shall require each applicant for a
renewal or duplicate commercial driver's license to furnish to the
department:
(1) proof of the applicant's United States
citizenship; or
(2) documentation described by Section 521.142(a).
SECTION 37. Subsection (a), Section 4, Article 37.07, Code
of Criminal Procedure, Sections 508.145 and 508.149, Government
Code, and Sections 38.04, 71.02, and 71.023, Penal Code, as amended
by this Act, apply only to an offense committed on or after the
effective date of this Act. An offense committed before the
effective date of this Act is governed by the law in effect 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 38. Article 59.06, Code of Criminal Procedure, as
amended by this Act, applies to property seized or taken into
custody on or after the effective date of this Act. Property seized
or taken into custody before the effective date of this Act is
governed by the law in effect on the date the property is seized or
taken into custody, and the former law is continued in effect for
that purpose.
SECTION 39. A county shall submit the first report required
by Section 511.0101, Government Code, as amended by this Act, not
later than October 5, 2011.
SECTION 40. Chapter 53, Labor Code, as added by this Act,
applies only to a violation that occurs on or after the effective
date of this Act.
SECTION 41. The changes in law made by this Act to Chapters
521 and 522, Transportation Code, apply only to a driver's license,
personal identification certificate, commercial driver's license,
or commercial driver learner's permit issued, reissued,
reinstated, or renewed on or after the effective date of this Act.
A driver's license, personal identification certificate,
commercial driver's license, or commercial driver learner's permit
issued, reissued, reinstated, or renewed before the effective date
of this Act is governed by the law in effect when the license,
certificate, or permit was issued, reissued, reinstated, or
renewed, and the former law is continued in effect for that purpose.
SECTION 42. This Act takes effect September 1, 2011.