Texas 2011 - 82nd Regular

Texas Senate Bill SB9 Compare Versions

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1	1	82R29944 JAM-D
2	2	By: Williams, et al. S.B. No. 9
3	3	(Miller of Erath)
4	4	Substitute the following for S.B. No. 9: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to homeland security; providing penalties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 12, Agriculture Code, is amended by
12	12	adding Section 12.049 to read as follows:
13	13	Sec. 12.049. EVALUATION OF RURAL LAND SECURITY. (a) The
14	14	department, in conjunction with private landowners and other
15	15	appropriate entities, shall assess the impact of illegal activity
16	16	along the Texas-Mexico border on:
17	17	(1) rural landowners; and
18	18	(2) the agriculture industry.
19	19	(b) The department shall work in conjunction with other
20	20	appropriate entities to develop recommendations to enhance border
21	21	security and address issues identified under this section.
22	22	SECTION 2. Chapter 2, Code of Criminal Procedure, is
23	23	amended by adding Article 2.252 to read as follows:
24	24	Art. 2.252. VERIFICATION OF IMMIGRATION STATUS OF PERSON
25	25	CHARGED WITH COMMITTING OFFENSE. (a) A law enforcement agency
26	26	that has custody of a person who has been arrested and transported
27	27	to a place of detention shall verify the immigration status of the
28	28	person by use of the federal Secure Communities program operated by
29	29	United States Immigration and Customs Enforcement or a successor
30	30	program.
31	31	(b) A law enforcement agency is not required to conduct an
32	32	immigration status verification under Subsection (a) of a person
33	33	who is transferred to the custody of the agency by another law
34	34	enforcement agency if the transferring agency, before transferring
35	35	custody of the person, conducted an immigration status verification
36	36	under Subsection (a).
37	37	SECTION 3. Subsection (a), Section 4, Article 37.07, Code
38	38	of Criminal Procedure, is amended to read as follows:
39	39	(a) In the penalty phase of the trial of a felony case in
40	40	which the punishment is to be assessed by the jury rather than the
41	41	court, if the offense of which the jury has found the defendant
42	42	guilty is an offense under Section 71.02 or 71.023, Penal Code, or
43	43	an offense listed in Section 3g(a)(1), Article 42.12, [of this
44	44	code] or if the judgment contains an affirmative finding under
45	45	Section 3g(a)(2), Article 42.12, [of this code,] unless the
46	46	defendant has been convicted of an offense under Section 21.02,
47	47	Penal Code, an offense under Section 22.021, Penal Code, that is
48	48	punishable under Subsection (f) of that section, or a capital
49	49	felony, the court shall charge the jury in writing as follows:
50	50	"Under the law applicable in this case, the defendant, if
51	51	sentenced to a term of imprisonment, may earn time off the period of
52	52	incarceration imposed through the award of good conduct time.
53	53	Prison authorities may award good conduct time to a prisoner who
54	54	exhibits good behavior, diligence in carrying out prison work
55	55	assignments, and attempts at rehabilitation. If a prisoner engages
56	56	in misconduct, prison authorities may also take away all or part of
57	57	any good conduct time earned by the prisoner.
58	58	"It is also possible that the length of time for which the
59	59	defendant will be imprisoned might be reduced by the award of
60	60	parole.
61	61	"Under the law applicable in this case, if the defendant is
62	62	sentenced to a term of imprisonment, the defendant [he] will not
63	63	become eligible for parole until the actual time served equals
64	64	one-half of the sentence imposed or 30 years, whichever is less,
65	65	without consideration of any good conduct time the defendant [he]
66	66	may earn. If the defendant is sentenced to a term of less than four
67	67	years, the defendant [he] must serve at least two years before the
68	68	defendant [he] is eligible for parole. Eligibility for parole does
69	69	not guarantee that parole will be granted.
70	70	"It cannot accurately be predicted how the parole law and
71	71	good conduct time might be applied to this defendant if [he is]
72	72	sentenced to a term of imprisonment, because the application of
73	73	these laws will depend on decisions made by prison and parole
74	74	authorities.
75	75	"You may consider the existence of the parole law and good
76	76	conduct time. However, you are not to consider the extent to which
77	77	good conduct time may be awarded to or forfeited by this particular
78	78	defendant. You are not to consider the manner in which the parole
79	79	law may be applied to this particular defendant."
80	80	SECTION 4. Article 59.06, Code of Criminal Procedure, is
81	81	amended by adding Subsections (c-2) and (c-3) to read as follows:
82	82	(c-2) Notwithstanding Subsection (a), with respect to
83	83	forfeited property seized in connection with a violation of Chapter
84	84	481, Health and Safety Code (Texas Controlled Substances Act), by a
85	85	peace officer employed by the Department of Public Safety, and
86	86	awarded to the state by entry of a default judgment, the attorney
87	87	representing the state shall enter into a local agreement with the
88	88	department that allows the attorney representing the state either
89	89	to:
90	90	(1) transfer forfeited property to the department to
91	91	maintain, repair, use, and operate for official purposes in the
92	92	manner provided by Subsection (b); or
93	93	(2) allocate the property or the proceeds from the
94	94	sale of forfeited property described by Subsection (c) in the
95	95	following proportions:
96	96	(A) 40 percent to a special fund in the
97	97	department to be used solely for law enforcement purposes;
98	98	(B) 30 percent to a special fund in the county
99	99	treasury for the benefit of the office of the attorney representing
100	100	the state, to be used by the attorney solely for the official
101	101	purposes of the attorney's office; and
102	102	(C) 30 percent to the general revenue fund.
103	103	(c-3) Notwithstanding Subsections (a) and (c-2), with
104	104	respect to forfeited property seized in connection with a violation
105	105	of Chapter 481, Health and Safety Code (Texas Controlled Substances
106	106	Act), by the Department of Public Safety concurrently with any
107	107	other law enforcement agency, in a proceeding under Article 59.05
108	108	in which a default judgment is rendered in favor of the state, the
109	109	attorney representing the state may allocate property or proceeds
110	110	in accordance with a memorandum of understanding between the law
111	111	enforcement agencies and the attorney representing the state.
112	112	SECTION 5. Subchapter A, Chapter 411, Government Code, is
113	113	amended by adding Section 411.0094 to read as follows:
114	114	Sec. 411.0094. AUTOMATIC LICENSE PLATE READER PILOT
115	115	PROGRAM. (a) In this section, "automatic license plate reader"
116	116	means a system that reads and records license plate numbers taken
117	117	from digital photographs.
118	118	(b) The department shall establish a pilot program in which
119	119	automatic license plate readers may be installed in law enforcement
120	120	motor vehicles used by the department for law enforcement.
121	121	(c) The program must include a request for proposal process
122	122	to select a contractor for the installation of automatic license
123	123	plate readers.
124	124	(d) The department shall adopt rules as necessary to
125	125	implement the program.
126	126	(e) An automatic license plate reader installed under this
127	127	section:
128	128	(1) may be used only to record information necessary
129	129	to identify a motor vehicle; and
130	130	(2) may not be used to record an image of a person in a
131	131	motor vehicle.
132	132	(f) The images and any related data produced from an
133	133	automatic license plate identification camera system may be queried
134	134	or disseminated only for a law enforcement purpose.
135	135	(g) All data produced from an automatic license plate reader
136	136	shall be destroyed within one year of collection unless the data is
137	137	evidence in a criminal investigation or prosecution.
138	138	(h) Any agreement or memorandum of understanding concerning
139	139	data-sharing related to an automatic license plate identification
140	140	camera system between law enforcement entities collecting,
141	141	sharing, or gaining access to data under this section is subject to
142	142	the provisions of Chapter 552.
143	143	(i) Not later than December 1, 2012, the department shall
144	144	file a report with the committee in each house of the legislature
145	145	having primary jurisdiction over homeland security matters. The
146	146	report must include:
147	147	(1) information regarding the use of automatic license
148	148	plate readers by the department; and
149	149	(2) any other information that would assist the
150	150	legislature in evaluating the effectiveness of the use of automatic
151	151	license plate readers by the department.
152	152	(j) This section expires September 1, 2013.
153	153	SECTION 6. The heading to Section 411.0095, Government
154	154	Code, is amended to read as follows:
155	155	Sec. 411.0095. VEHICLE [THEFT] CHECKPOINTS NEAR
156	156	TEXAS-MEXICO [AT] BORDER [CROSSING].
157	157	SECTION 7. Subsections (a) through (d), Section 411.0095,
158	158	Government Code, are amended to read as follows:
159	159	(a) The department may establish [a program for the purpose
160	160	of establishing] border [crossing] checkpoints to prevent the
161	161	unlawful possession or unlawful and imminent movement or transfer
162	162	from this state to Mexico of:
163	163	(1) firearms, in violation of Section 46.14, Penal
164	164	Code;
165	165	(2) controlled substances, in violation of Chapter
166	166	481, Health and Safety Code;
167	167	(3) currency, in violation of Section 34.02, Penal
168	168	Code; or
169	169	(4) stolen vehicles, farm tractors or implements,
170	170	construction equipment, aircraft, or watercraft, in violation of
171	171	Section 31.03, Penal Code [from entering Mexico].
172	172	(b) A checkpoint may be established under Subsection (a) if
173	173	the checkpoint is:
174	174	(1) located within 250 yards of a federally designated
175	175	crossing facility located at or near the actual boundary between
176	176	this state and Mexico;
177	177	(2) located on a public highway or street leading
178	178	directly to an international border crossing;
179	179	(3) designed to stop only traffic bound for Mexico;
180	180	and
181	181	(4) operated in such a manner as to prevent firearms,
182	182	controlled substances, currency, [stop only] vehicles, tractors or
183	183	implements, equipment, aircraft, or watercraft that [for which] law
184	184	enforcement authorities have probable cause to believe are
185	185	unlawfully possessed or being unlawfully and imminently
186	186	transferred or moved from this state to [is stolen and bound for]
187	187	Mexico from being possessed or transferred or moved to Mexico.
188	188	(c) The department may establish [the] border checkpoints
189	189	[crossing checkpoint program] in conjunction with federal and local
190	190	law enforcement authorities. The department and federal and local
191	191	law enforcement authorities may share the cost of staffing the
192	192	checkpoints.
193	193	(d) The department shall establish procedures governing the
194	194	encounter between the driver and the peace officers operating the
195	195	checkpoint that ensure that any intrusion on the driver is
196	196	minimized and that the inquiries made are reasonably related to the
197	197	purpose of the checkpoint. [A peace officer at the checkpoint may
198	198	not direct a driver or a passenger in a motor vehicle to leave the
199	199	vehicle or move the vehicle off the roadway unless the officer has
200	200	reasonable suspicion or probable cause to believe that the person
201	201	committed or is committing an offense. However, a peace officer may
202	202	require that each motor vehicle passing through the checkpoint be
203	203	diverted to a location immediately adjacent to the roadway, if
204	204	desirable, to ensure safety.]
205	205	SECTION 8. Effective September 1, 2015, Section 411.0095,
206	206	Government Code, is reenacted to read as follows:
207	207	Sec. 411.0095. VEHICLE THEFT CHECKPOINTS AT BORDER
208	208	CROSSING. (a) The department may establish a program for the
209	209	purpose of establishing border crossing checkpoints to prevent
210	210	stolen vehicles, farm tractors or implements, construction
211	211	equipment, aircraft, or watercraft from entering Mexico.
212	212	(b) A checkpoint may be established under Subsection (a) if
213	213	the checkpoint is:
214	214	(1) located within 250 yards of a federally designated
215	215	crossing facility located at or near the actual boundary between
216	216	this state and Mexico;
217	217	(2) located on a public highway or street leading
218	218	directly to an international border crossing;
219	219	(3) designed to stop only traffic bound for Mexico;
220	220	and
221	221	(4) operated in such a manner as to stop only vehicles,
222	222	tractors or implements, equipment, aircraft, or watercraft for
223	223	which law enforcement authorities have probable cause to believe is
224	224	stolen and bound for Mexico.
225	225	(c) The department may establish the border crossing
226	226	checkpoint program in conjunction with local law enforcement
227	227	authorities. The department and local law enforcement authorities
228	228	may share the cost of staffing the checkpoints.
229	229	(d) The department shall establish procedures governing the
230	230	encounter between the driver and the peace officers operating the
231	231	checkpoint that ensure that any intrusion on the driver is
232	232	minimized and that the inquiries made are reasonably related to the
233	233	purpose of the checkpoint. A peace officer at the checkpoint may
234	234	not direct a driver or a passenger in a motor vehicle to leave the
235	235	vehicle or move the vehicle off the roadway unless the officer has
236	236	reasonable suspicion or probable cause to believe that the person
237	237	committed or is committing an offense. However, a peace officer may
238	238	require that each motor vehicle passing through the checkpoint be
239	239	diverted to a location immediately adjacent to the roadway, if
240	240	desirable, to ensure safety.
241	241	(e) In this section:
242	242	(1) "Motor vehicle" and "vehicle" have the meanings
243	243	assigned to those terms by Section 541.201, Transportation Code.
244	244	(2) "Watercraft" has the meaning assigned by Section
245	245	49.01, Penal Code.
246	246	SECTION 9. Section 411.023, Government Code, is amended by
247	247	amending Subsection (b) and adding Subsection (g) to read as
248	248	follows:
249	249	(b) A special ranger is subject to the orders of the
250	250	commission and the governor for special duty to the same extent as
251	251	other law enforcement officers provided for by this chapter, except
252	252	that a special ranger may not enforce a law [except one designed to
253	253	protect life and property and may not enforce a law] regulating the
254	254	use of a state highway by a motor vehicle. A special ranger is not
255	255	connected with a ranger company or uniformed unit of the
256	256	department.
257	257	(g) The director may call special rangers into service to:
258	258	(1) preserve the peace and protect life and property;
259	259	(2) conduct background investigations;
260	260	(3) monitor sex offenders;
261	261	(4) serve as part of two-officer units on patrol in
262	262	high threat areas; and
263	263	(5) provide assistance to the department during
264	264	disasters.
265	265	SECTION 10. Section 411.024, Government Code, is amended by
266	266	amending Subsection (b) and adding Subsection (g) to read as
267	267	follows:
268	268	(b) A special Texas Ranger is subject to the orders of the
269	269	commission and the governor for special duty to the same extent as
270	270	other law enforcement officers provided for by this chapter, except
271	271	that a special Texas Ranger may not enforce a law [except one
272	272	designed to protect life and property and may not enforce a law]
273	273	regulating the use of a state highway by a motor vehicle. A special
274	274	Texas Ranger is not connected with a ranger company or uniformed
275	275	unit of the department.
276	276	(g) The director may call special Texas Rangers into service
277	277	to:
278	278	(1) preserve the peace and protect life and property;
279	279	(2) conduct background investigations;
280	280	(3) monitor sex offenders;
281	281	(4) serve as part of two-officer units on patrol in
282	282	high threat areas; and
283	283	(5) provide assistance to the department during
284	284	disasters.
285	285	SECTION 11. Subsection (d), Section 508.145, Government
286	286	Code, is amended to read as follows:
287	287	(d) An inmate serving a sentence for an offense described by
288	288	Section 3g(a)(1)(A), (C), (D), (E), (F), (G), (H), (I), (J), or (K),
289	289	Article 42.12, Code of Criminal Procedure, [or for] an offense for
290	290	which the judgment contains an affirmative finding under Section
291	291	3g(a)(2) of that article, or an offense under Section 71.02 or
292	292	71.023, Penal Code, is not eligible for release on parole until the
293	293	inmate's actual calendar time served, without consideration of good
294	294	conduct time, equals one-half of the sentence or 30 calendar years,
295	295	whichever is less, but in no event is the inmate eligible for
296	296	release on parole in less than two calendar years.
297	297	SECTION 12. Subsection (a), Section 508.149, Government
298	298	Code, is amended to read as follows:
299	299	(a) An inmate may not be released to mandatory supervision
300	300	if the inmate is serving a sentence for or has been previously
301	301	convicted of:
302	302	(1) an offense for which the judgment contains an
303	303	affirmative finding under Section 3g(a)(2), Article 42.12, Code of
304	304	Criminal Procedure;
305	305	(2) a first degree felony or a second degree felony
306	306	under Section 19.02, Penal Code;
307	307	(3) a capital felony under Section 19.03, Penal Code;
308	308	(4) a first degree felony or a second degree felony
309	309	under Section 20.04, Penal Code;
310	310	(5) an offense under Section 21.11, Penal Code;
311	311	(6) a felony under Section 22.011, Penal Code;
312	312	(7) a first degree felony or a second degree felony
313	313	under Section 22.02, Penal Code;
314	314	(8) a first degree felony under Section 22.021, Penal
315	315	Code;
316	316	(9) a first degree felony under Section 22.04, Penal
317	317	Code;
318	318	(10) a first degree felony under Section 28.02, Penal
319	319	Code;
320	320	(11) a second degree felony under Section 29.02, Penal
321	321	Code;
322	322	(12) a first degree felony under Section 29.03, Penal
323	323	Code;
324	324	(13) a first degree felony under Section 30.02, Penal
325	325	Code;
326	326	(14) a felony for which the punishment is increased
327	327	under Section 481.134 or Section 481.140, Health and Safety Code;
328	328	(15) an offense under Section 43.25, Penal Code;
329	329	(16) an offense under Section 21.02, Penal Code; [or]
330	330	(17) a first degree felony under Section 15.03, Penal
331	331	Code; or
332	332	(18) a first degree felony under Section 71.02 or
333	333	71.023, Penal Code.
334	334	SECTION 13. Subsection (a), Section 511.0101, Government
335	335	Code, as amended by Chapters 977 (H.B. 3654) and 1215 (S.B. 1009),
336	336	Acts of the 81st Legislature, Regular Session, 2009, is reenacted
337	337	and amended to read as follows:
338	338	(a) Each county shall submit to the commission on or before
339	339	the fifth day of each month a report containing the following
340	340	information:
341	341	(1) the number of prisoners confined in the county
342	342	jail on the first day of the month, classified on the basis of the
343	343	following categories:
344	344	(A) total prisoners;
345	345	(B) pretrial Class C misdemeanor offenders;
346	346	(C) pretrial Class A and B misdemeanor offenders;
347	347	(D) convicted misdemeanor offenders;
348	348	(E) felony offenders whose penalty has been
349	349	reduced to a misdemeanor;
350	350	(F) pretrial felony offenders;
351	351	(G) convicted felony offenders;
352	352	(H) prisoners detained on bench warrants;
353	353	(I) prisoners detained for parole violations;
354	354	(J) prisoners detained for federal officers;
355	355	(K) prisoners awaiting transfer to the
356	356	institutional division of the Texas Department of Criminal Justice
357	357	following conviction of a felony or revocation of probation,
358	358	parole, or release on mandatory supervision and for whom paperwork
359	359	and processing required for transfer have been completed;
360	360	(L) prisoners detained after having been
361	361	transferred from another jail and for whom the commission has made a
362	362	payment under Subchapter F, Chapter 499, Government Code;
363	363	(M) prisoners for whom an immigration detainer
364	364	has been issued by United States Immigration and Customs
365	365	Enforcement [who are known to be pregnant]; and
366	366	(N) other prisoners;
367	367	(2) the total capacity of the county jail on the first
368	368	day of the month;
369	369	(3) the total number of prisoners who were confined in
370	370	the county jail during the preceding month, based on a count
371	371	conducted on each day of that month, who were known or had been
372	372	determined to be pregnant; [and]
373	373	(4) the total cost to the county during the preceding
374	374	month of housing prisoners described by Subdivision (1)(M),
375	375	calculated based on the average daily cost of housing a prisoner in
376	376	the county jail; and
377	377	(5) certification by the reporting official that the
378	378	information in the report is accurate.
379	379	SECTION 14. Title 7, Government Code, is amended by adding
380	380	Chapter 793 to read as follows:
381	381	CHAPTER 793. STATE SOVEREIGNTY
382	382	Sec. 793.001. FINDINGS. (a) The Legislature of the State
383	383	of Texas makes findings as stated in this section.
384	384	(b) The Tenth Amendment to the United States Constitution
385	385	guarantees to the states and the people all powers not granted to
386	386	the federal government elsewhere in the constitution and reserves
387	387	to the state and people of Texas certain powers as they were
388	388	understood at the time that Texas was admitted to statehood in 1845.
389	389	The guaranty of those powers is a matter of contract between the
390	390	state and people of Texas and the United States dating from the time
391	391	Texas became a state.
392	392	(c) The Ninth Amendment to the United States Constitution
393	393	guarantees to the people rights not otherwise granted in the
394	394	constitution and reserves to the people of Texas certain rights as
395	395	they were understood at the time that Texas became a state. The
396	396	guaranty of those rights is a matter of contract between the state
397	397	and people of Texas and the United States dating from the time Texas
398	398	became a state.
399	399	Sec. 793.002. STATE SOVEREIGNTY. Except as limited by the
400	400	minimum due process and equal protection requirements imposed on
401	401	the states by the Fourteenth Amendment to the United States
402	402	Constitution, the State of Texas reasserts and reaffirms the
403	403	state's autonomous sovereign authority under the Tenth Amendment to
404	404	preserve and protect the security, safety, health, welfare,
405	405	property, and morals of the citizens of the state without
406	406	interference or oversight from federal authorities.
407	407	Sec. 793.003. ACTION DEFENDING STATE SOVEREIGNTY; DUTY OF
408	408	ATTORNEY GENERAL TO REPRESENT STATE. (a) In order to protect the
409	409	state's sovereign authority to determine for itself the appropriate
410	410	means to preserve and protect the security, safety, health,
411	411	welfare, property, and morals of the citizens of the state, the
412	412	governor or a member of the legislature may bring a civil suit in
413	413	the individual's official capacity to challenge any action taken by
414	414	a federal authority that attempts to interfere with the state's
415	415	sovereign authority.
416	416	(b) The attorney general shall represent the governor and a
417	417	member of the legislature in any litigation brought under this
418	418	section, including an action brought by the governor or a member of
419	419	the legislature in the governor's or member's official capacity.
420	420	(c) The governor and a member of the legislature bringing an
421	421	action in the individual's official capacity under this section are
422	422	immune from civil liability resulting from the governor's or
423	423	member's participation in litigation under this section, including
424	424	liability for attorney's fees, costs, and sanctions that may be
425	425	awarded in the litigation.
426	426	SECTION 15. Subchapter C, Chapter 2155, Government Code, is
427	427	amended by adding Section 2155.151 to read as follows:
428	428	Sec. 2155.151. CERTAIN PURCHASES BY STATE AGENCY PERFORMING
429	429	LAW ENFORCEMENT FUNCTIONS. (a) Except as provided by Subsection
430	430	(b), the governing body of a state agency that performs a law
431	431	enforcement function may exempt the agency from the purchasing
432	432	procedures under this subtitle or Chapter 2252 for the purpose of
433	433	purchasing equipment related to the agency's law enforcement
434	434	functions if the governing body:
435	435	(1) obtains a written opinion from the comptroller or
436	436	the Legislative Budget Board on whether the procedures should be
437	437	waived; and
438	438	(2) after considering the written opinion under
439	439	Subdivision (1), determines that following those procedures would
440	440	negatively impact homeland security or impair the agency's ability
441	441	to perform the agency's law enforcement functions.
442	442	(b) The governing body of a state agency may not exempt the
443	443	agency from purchasing procedures under:
444	444	(1) this chapter or Chapter 2156 relating to the use of
445	445	requests for proposal and competitive bidding;
446	446	(2) Section 2155.385;
447	447	(3) Chapter 2157 relating to the use of requests for
448	448	proposal, competitive sealed proposals, competitive sealed
449	449	bidding, and informal competitive bidding;
450	450	(4) Chapter 2161;
451	451	(5) Subchapters A and B, Chapter 2171;
452	452	(6) Section 2252.002; or
453	453	(7) Subchapter E, Chapter 2252.
454	454	SECTION 16. Subsection (a), Section 2166.003, Government
455	455	Code, is amended to read as follows:
456	456	(a) Unless otherwise provided, this chapter does not apply
457	457	to:
458	458	(1) a project constructed by and for the Texas
459	459	Department of Transportation;
460	460	(2) a project constructed by and for a state
461	461	institution of higher education;
462	462	(3) a pen, shed, or ancillary building constructed by
463	463	and for the Department of Agriculture for the processing of
464	464	livestock before export;
465	465	(4) a project constructed by the Parks and Wildlife
466	466	Department;
467	467	(5) a repair or rehabilitation project, except a major
468	468	renovation, of buildings and grounds on the commission inventory;
469	469	(6) a repair and rehabilitation project of another
470	470	using agency, if all labor for the project is provided by the
471	471	regular maintenance force of the using agency under specific
472	472	legislative authorization and the project does not require the
473	473	advance preparation of working plans or drawings;
474	474	(7) a repair and rehabilitation project involving the
475	475	use of contract labor, if the project has been excluded from this
476	476	chapter by commission rule and does not require the advance
477	477	preparation of working plans or drawings;
478	478	(8) an action taken by the Texas Commission on
479	479	Environmental Quality under Subchapter F or I, Chapter 361, Health
480	480	and Safety Code;
481	481	(9) a repair, rehabilitation, or construction project
482	482	on property owned by the Texas Department of Housing and Community
483	483	Affairs or the Texas State Affordable Housing Corporation; [or]
484	484	(10) a project constructed by and for the Veterans'
485	485	Land Board; or
486	486	(11) a project constructed by and for the Department
487	487	of Public Safety.
488	488	SECTION 17. (a) The purpose of this section is to provide
489	489	for the execution of the policies of the federal Immigration and
490	490	Nationality Act (8 U.S.C. Section 1101 et seq.), identify
491	491	employment practices that violate Sections 1324(a)(1) and (a)(2) of
492	492	that Act, and make available to this state the full productive
493	493	employment capacities of United States citizens, lawful permanent
494	494	residents, and employment-authorized foreign-born nationals in
495	495	this state.
496	496	(b) Subtitle B, Title 2, Labor Code, is amended by adding
497	497	Chapter 53 to read as follows:
498	498	CHAPTER 53. EMPLOYMENT OF UNAUTHORIZED FOREIGN NATIONALS
499	499	SUBCHAPTER A. GENERAL PROVISIONS
500	500	Sec. 53.001. DEFINITIONS. In this chapter:
501	501	(1) "Commission" means the Texas Workforce
502	502	Commission.
503	503	(2) "Employee" means an individual who is employed by
504	504	an employer for compensation.
505	505	(3) "Employer" means a person who:
506	506	(A) employs one or more employees; or
507	507	(B) acts directly or indirectly in the interests
508	508	of an employer in relation to an employee.
509	509	(4) "E-Verify program" means the electronic
510	510	verification of work authorization program of the federal Illegal
511	511	Immigration Reform and Immigrant Responsibility Act of 1996 (Pub.
512	512	L. No. 104-208, reprinted in note, 8 U.S.C. Section 1324a),
513	513	operated by the United States Department of Homeland Security, or a
514	514	successor work authorization program designated by the United
515	515	States Department of Homeland Security or another federal agency
516	516	authorized to verify the work authorization status of newly hired
517	517	employees under the federal Immigration Reform and Control Act of
518	518	1986 (8 U.S.C. Section 1101 et seq.).
519	519	(5) "Knowingly" means, with respect to employing,
520	520	recruiting, or referring an unauthorized foreign national, having
521	521	actual knowledge that a person is an unauthorized foreign national
522	522	or failing to perform a legal duty to determine the employment
523	523	eligibility status of an unauthorized foreign national.
524	524	(6) "Lawful resident alien" means a person who is
525	525	entitled to lawful residence in the United States under the federal
526	526	Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.).
527	527	(7) "Lawful resident verification information" means
528	528	the documentation required by the United States Department of
529	529	Homeland Security for completing the employment eligibility
530	530	verification form commonly referred to as the I-9. Documentation
531	531	that satisfies the requirements of the Form I-9 at the time of
532	532	employment is lawful resident verification information.
533	533	(8) "Unauthorized foreign national" means a foreign
534	534	national who at the time of employment is neither an alien who is
535	535	lawfully admitted for permanent residence in the United States
536	536	under the federal Immigration and Nationality Act (8 U.S.C. Section
537	537	1101 et seq.) nor authorized to be employed by that Act or the
538	538	United States attorney general.
539	539	Sec. 53.002. RULES. The commission shall adopt rules for
540	540	the administration of this chapter.
541	541	[Sections 53.003-53.050 reserved for expansion]
542	542	SUBCHAPTER B. PROHIBITION AGAINST KNOWING EMPLOYMENT OF
543	543	UNAUTHORIZED FOREIGN NATIONAL
544	544	Sec. 53.051. PROHIBITION AGAINST KNOWING EMPLOYMENT OF
545	545	UNAUTHORIZED FOREIGN NATIONAL. (a) An employer may not knowingly
546	546	employ, or recruit or refer for a fee for employment, an
547	547	unauthorized foreign national.
548	548	(b) An employer has not violated Subsection (a) in regard to
549	549	a particular employee if:
550	550	(1) the employer, at least four calendar days after
551	551	the commencement of the employee's employment, requested from the
552	552	employee and received and documented in the employee's employment
553	553	record lawful resident verification information consistent with
554	554	employer requirements under the federal Immigration Reform and
555	555	Control Act of 1986 (8 U.S.C. Section 1101 et seq.); and
556	556	(2) the lawful resident verification information
557	557	provided by the employee later was determined to be false.
558	558	(c) An employer has not violated Subsection (a) in regard to
559	559	a particular employee if the employer verified the immigrant status
560	560	of the person at least four calendar days after the commencement of
561	561	the employee's employment through the E-Verify program.
562	562	[Sections 53.052-53.100 reserved for expansion]
563	563	SUBCHAPTER C. FILING COMPLAINTS
564	564	Sec. 53.101. FILING COMPLAINT. (a) A person who has reason
565	565	to believe that an employer has violated Section 53.051(a) may file
566	566	a complaint with the commission.
567	567	(b) A complaint must:
568	568	(1) be in writing on a form prescribed by the
569	569	commission; and
570	570	(2) be verified by the person making the complaint.
571	571	(c) A person may file a complaint under this section:
572	572	(1) in person at an office of the commission; or
573	573	(2) by mailing the complaint to an address designated
574	574	by the commission.
575	575	[Sections 53.102-53.150 reserved for expansion]
576	576	SUBCHAPTER D. BIENNIAL REPORT TO LEGISLATURE
577	577	Sec. 53.151. BIENNIAL REPORT TO LEGISLATURE. (a) Not later
578	578	than November 1 of each even-numbered year, the commission shall
579	579	prepare and submit to the governor and the legislature a written
580	580	report based on nonidentifiable, summary data compiled by the
581	581	commission from complaints filed under Subchapter C during the two
582	582	preceding state fiscal years.
583	583	(b) The report must include any relevant information and
584	584	analysis the commission determines would assist the legislature in
585	585	making informed decisions regarding the issue of illegal
586	586	immigration as it relates to employment in this state.
587	587	(c) The report may not include any information that could
588	588	reasonably be expected to reveal the identity of a particular
589	589	employer or employee or of a person who files a complaint with the
590	590	commission under Subchapter C.
591	591	SECTION 18. Subsections (b) and (c), Section 38.04, Penal
592	592	Code, are amended to read as follows:
593	593	(b) An offense under this section is a Class A misdemeanor,
594	594	except that the offense is:
595	595	(1) a state jail felony if[:
596	596	[(A)] the actor has been previously convicted
597	597	under this section; [or
598	598	[(B) the actor uses a vehicle while the actor is
599	599	in flight and the actor has not been previously convicted under this
600	600	section;]
601	601	(2) a felony of the third degree if:
602	602	(A) the actor uses a vehicle while the actor is in
603	603	flight [and the actor has been previously convicted under this
604	604	section]; [or]
605	605	(B) another suffers serious bodily injury as a
606	606	direct result of an attempt by the officer from whom the actor is
607	607	fleeing to apprehend the actor while the actor is in flight; or
608	608	(C) the actor uses a tire deflation device
609	609	against the officer while the actor is in flight; or
610	610	(3) a felony of the second degree if:
611	611	(A) another suffers death as a direct result of
612	612	an attempt by the officer from whom the actor is fleeing to
613	613	apprehend the actor while the actor is in flight; or
614	614	(B) another suffers serious bodily injury as a
615	615	direct result of the actor's use of a tire deflation device while
616	616	the actor is in flight.
617	617	(c) In this section:
618	618	(1) "Vehicle" [, "vehicle"] has the meaning assigned
619	619	by Section 541.201, Transportation Code.
620	620	(2) "Tire deflation device" has the meaning assigned
621	621	by Section 46.01.
622	622	SECTION 19. Section 46.01, Penal Code, is amended by adding
623	623	Subdivision (17) to read as follows:
624	624	(17) "Tire deflation device" means a device, including
625	625	a caltrop or spike strip, that, when driven over, impedes or stops
626	626	the movement of a wheeled vehicle by puncturing one or more of the
627	627	vehicle's tires. The term does not include a traffic control device
628	628	that:
629	629	(A) is designed to puncture one or more of a
630	630	vehicle's tires when driven over in a specific direction; and
631	631	(B) has a clearly visible sign posted in close
632	632	proximity to the traffic control device that prohibits entry or
633	633	warns motor vehicle operators of the traffic control device.
634	634	SECTION 20. Subsections (a), (d), and (e), Section 46.05,
635	635	Penal Code, are amended to read as follows:
636	636	(a) A person commits an offense if the person [he]
637	637	intentionally or knowingly possesses, manufactures, transports,
638	638	repairs, or sells:
639	639	(1) an explosive weapon;
640	640	(2) a machine gun;
641	641	(3) a short-barrel firearm;
642	642	(4) a firearm silencer;
643	643	(5) a switchblade knife;
644	644	(6) knuckles;
645	645	(7) armor-piercing ammunition;
646	646	(8) a chemical dispensing device; [or]
647	647	(9) a zip gun; or
648	648	(10) a tire deflation device.
649	649	(d) It is an affirmative defense to prosecution under this
650	650	section that the actor's conduct:
651	651	(1) was incidental to dealing with a switchblade
652	652	knife, springblade knife, [or] short-barrel firearm, or tire
653	653	deflation device solely as an antique or curio; [or]
654	654	(2) was incidental to dealing with armor-piercing
655	655	ammunition solely for the purpose of making the ammunition
656	656	available to an organization, agency, or institution listed in
657	657	Subsection (b); or
658	658	(3) was incidental to dealing with a tire deflation
659	659	device solely for the purpose of making the device available to an
660	660	organization, agency, or institution listed in Subsection (b).
661	661	(e) An offense under Subsection (a)(1), (2), (3), (4), (7),
662	662	(8), or (9) [this section] is a felony of the third degree. An
663	663	offense [unless it is committed] under Subsection (a)(5) or
664	664	(a)(6)[, in which event, it] is a Class A misdemeanor. An offense
665	665	under Subsection (a)(10) is a state jail felony.
666	666	SECTION 21. Subsection (b), Section 71.02, Penal Code, as
667	667	amended by Chapters 761 (H.B. 354) and 900 (S.B. 1067), Acts of the
668	668	73rd Legislature, Regular Session, 1993, is reenacted and amended
669	669	to read as follows:
670	670	(b) Except as provided in Subsections (c) and (d), an
671	671	offense under this section is one category higher than the most
672	672	serious offense listed in Subsection (a) that was committed, and if
673	673	the most serious offense is a Class A misdemeanor, the offense is a
674	674	state jail felony, except that if the most serious offense is a
675	675	felony of the first degree, the offense is a felony of the first
676	676	degree punishable by imprisonment in the Texas Department of
677	677	Criminal Justice for life or for any term of not more than 99 years
678	678	or less than 15 years.
679	679	SECTION 22. Subsection (c), Section 71.02, Penal Code, as
680	680	amended by Chapters 761 (H.B. 354) and 900 (S.B. 1067), Acts of the
681	681	73rd Legislature, Regular Session, 1993, is reenacted to read as
682	682	follows:
683	683	(c) Conspiring to commit an offense under this section is of
684	684	the same degree as the most serious offense listed in Subsection (a)
685	685	that the person conspired to commit.
686	686	SECTION 23. Section 71.023, Penal Code, is amended to read
687	687	as follows:
688	688	Sec. 71.023. DIRECTING ACTIVITIES OF [CERTAIN] CRIMINAL
689	689	STREET GANGS. (a) A person commits an offense if the person, as
690	690	part of the identifiable leadership of a criminal street gang,
691	691	knowingly [initiates, organizes, plans,] finances, directs,
692	692	[manages,] or supervises the commission of, or a conspiracy to
693	693	commit, one or more of the following offenses by [a criminal street
694	694	gang or] members of a criminal street gang:
695	695	(1) a felony that is listed in Section 3g(a)(1),
696	696	Article 42.12, Code of Criminal Procedure;
697	697	(2) a felony for which it is shown that a deadly
698	698	weapon, as defined by Section 1.07, was used or exhibited during the
699	699	commission of the offense or during immediate flight from the
700	700	commission of the offense; or
701	701	(3) an offense that is punishable as a felony of the
702	702	first or second degree under Chapter 481, Health and Safety Code
703	703	[with the intent to benefit, promote, or further the interests of
704	704	the criminal street gang or to increase the person's standing,
705	705	position, or status in the criminal street gang].
706	706	(b) An offense under this section is a felony of the first
707	707	degree punishable by imprisonment in the Texas Department of
708	708	Criminal Justice for life or for any term of not more than 99 years
709	709	or less than 25 years.
710	710	[(c) Notwithstanding Section 71.01, in this section,
711	711	"criminal street gang" means:
712	712	[(1) an organization that:
713	713	[(A) has more than 10 members whose names are
714	714	included in an intelligence database under Chapter 61, Code of
715	715	Criminal Procedure;
716	716	[(B) has a hierarchical structure that has been
717	717	documented in an intelligence database under Chapter 61, Code of
718	718	Criminal Procedure;
719	719	[(C) engages in profit-sharing among two or more
720	720	members of the organization; and
721	721	[(D) in one or more regions of this state served
722	722	by different regional councils of government, continuously or
723	723	regularly engages in conduct:
724	724	[(i) that constitutes an offense listed in
725	725	Section 3g(a)(1), Article 42.12, Code of Criminal Procedure;
726	726	[(ii) in which it is alleged that a deadly
727	727	weapon is used or exhibited during the commission of or immediate
728	728	flight from the commission of any felony offense; or
729	729	[(iii) that is punishable as a felony of the
730	730	first or second degree under Chapter 481, Health and Safety Code; or
731	731	[(2) an organization that, in collaboration with an
732	732	organization described by Subdivision (1), engages in conduct or
733	733	commits an offense or conspires to engage in conduct or commit an
734	734	offense described by Subdivision (1)(D).]
735	735	SECTION 24. Subsection (b), Section 521.041,
736	736	Transportation Code, is amended to read as follows:
737	737	(b) The department shall maintain suitable indexes, in
738	738	alphabetical or numerical order, that contain:
739	739	(1) each denied application and the reasons for the
740	740	denial;
741	741	(2) each application that is granted; [and]
742	742	(3) the name of each license holder whose license has
743	743	been suspended, canceled, or revoked and the reasons for that
744	744	action; and
745	745	(4) the citizenship status of each holder of a license
746	746	or personal identification certificate.
747	747	SECTION 25. Section 521.101, Transportation Code, is
748	748	amended by adding Subsections (d-1), (f-2), and (f-3) and amending
749	749	Subsection (f) to read as follows:
750	750	(d-1) Unless the information has been previously provided
751	751	to the department, the department shall require each applicant for
752	752	an original, renewal, or duplicate personal identification
753	753	certificate to furnish to the department:
754	754	(1) proof of the applicant's United States
755	755	citizenship; or
756	756	(2) documentation described by Subsection (f-2).
757	757	(f) A personal identification certificate:
758	758	(1) for an applicant who is a citizen, national, or
759	759	legal permanent resident of the United States or a refugee or asylee
760	760	lawfully admitted into the United States:
761	761	(A) expires on a date specified by the department
762	762	if the applicant is younger than 60 years of age; or
763	763	(B) does not expire if the applicant is 60 years
764	764	of age or older; or
765	765	(2) for an applicant not described by Subdivision (1),
766	766	expires on:
767	767	(A) the earlier of:
768	768	(i) a date specified by the department; or
769	769	(ii) the expiration date of the applicant's
770	770	authorized stay in the United States; or
771	771	(B) the first anniversary of the date of
772	772	issuance, if there is no definite expiration date for the
773	773	applicant's authorized stay in the United States[, except that a
774	774	certificate issued to a person 60 years of age or older does not
775	775	expire].
776	776	(f-2) An applicant who is not a citizen of the United States
777	777	must present to the department documentation issued by the
778	778	appropriate United States agency that authorizes the applicant to
779	779	be in the United States.
780	780	(f-3) The department may not issue a personal
781	781	identification certificate to an applicant who fails or refuses to
782	782	comply with Subsection (f-2).
783	783	SECTION 26. Section 521.103, Transportation Code, is
784	784	amended by adding Subsection (c) to read as follows:
785	785	(c) Sections 521.101(f-2) and (f-3) apply to a personal
786	786	identification certificate for which application is made under this
787	787	section.
788	788	SECTION 27. Subsections (a) and (e), Section 521.142,
789	789	Transportation Code, are amended to read as follows:
790	790	(a) An application for an original license must state the
791	791	applicant's full name and place and date of birth. This information
792	792	must be verified by presentation of proof of identity satisfactory
793	793	to the department. An applicant who is not a citizen of the United
794	794	States must present to the department documentation issued by the
795	795	appropriate United States agency that authorizes the applicant to
796	796	be in the United States before the applicant may be issued a
797	797	driver's license. The department must accept as satisfactory proof
798	798	of identity under this subsection an offender identification card
799	799	or similar form of identification issued to an inmate by the Texas
800	800	Department of Criminal Justice if the applicant also provides
801	801	supplemental verifiable records or documents that aid in
802	802	establishing identity.
803	803	(e) The application must include any other information the
804	804	department requires to determine the applicant's identity,
805	805	residency, competency, and eligibility as required by the
806	806	department or state law.
807	807	SECTION 28. Section 521.1425, Transportation Code, is
808	808	amended by amending Subsection (a) and adding Subsection (c) to
809	809	read as follows:
810	810	(a) Except as provided by Subsections [Subsection] (b) and
811	811	(c), the department may require each applicant for an original,
812	812	renewal, or duplicate driver's license to furnish to the department
813	813	the information required by Section 521.142.
814	814	(c) Unless the information has been previously provided to
815	815	the department, the department shall require each applicant for an
816	816	original, renewal, or duplicate driver's license to furnish to the
817	817	department:
818	818	(1) proof of the applicant's United States
819	819	citizenship; or
820	820	(2) documentation described by Section 521.142(a).
821	821	SECTION 29. Section 521.271, Transportation Code, is
822	822	amended by amending Subsections (a) and (b) and adding Subsections
823	823	(a-2), (a-3), and (a-4) to read as follows:
824	824	(a) Each original driver's license, [and] provisional
825	825	license, instruction permit, or occupational driver's license
826	826	issued to an applicant who is a citizen, national, or legal
827	827	permanent resident of the United States or a refugee or asylee
828	828	lawfully admitted into the United States expires as follows:
829	829	(1) except as provided by Section 521.2711, a driver's
830	830	license expires on the first birthday of the license holder
831	831	occurring after the sixth anniversary of the date of the
832	832	application;
833	833	(2) a provisional license expires on the 18th
834	834	birthday of the license holder;
835	835	(3) an instruction permit expires on the 18th birthday
836	836	of the license holder;
837	837	(4) an occupational driver's license expires on the
838	838	first anniversary of the court order granting the license; and
839	839	(5) unless an earlier date is otherwise provided, a
840	840	driver's license issued to a person whose residence or domicile is a
841	841	correctional facility or a parole facility expires on the first
842	842	birthday of the license holder occurring after the first
843	843	anniversary of the date of issuance.
844	844	(a-2) Each original driver's license issued to an applicant
845	845	who is not a citizen, national, or legal permanent resident of the
846	846	United States or a refugee or asylee lawfully admitted into the
847	847	United States expires on:
848	848	(1) the earlier of:
849	849	(A) the first birthday of the license holder
850	850	occurring after the sixth anniversary of the date of the
851	851	application; or
852	852	(B) the expiration date of the license holder's
853	853	lawful presence in the United States as determined by the
854	854	appropriate United States agency in compliance with federal law; or
855	855	(2) the first anniversary of the date of issuance, if
856	856	there is no definite expiration date for the applicant's authorized
857	857	stay in the United States.
858	858	(a-3) Each original provisional license or instruction
859	859	permit issued to an applicant who is not a citizen, national, or
860	860	legal permanent resident of the United States or a refugee or asylee
861	861	lawfully admitted into the United States expires on the earliest
862	862	of:
863	863	(1) the 18th birthday of the license holder;
864	864	(2) the first birthday of the license holder occurring
865	865	after the date of the application; or
866	866	(3) the expiration of the license holder's lawful
867	867	presence in the United States as determined by the United States
868	868	agency responsible for citizenship and immigration in compliance
869	869	with federal law.
870	870	(a-4) Each original occupational driver's license issued to
871	871	an applicant who is not a citizen, national, or legal permanent
872	872	resident of the United States or a refugee or asylee lawfully
873	873	admitted into the United States expires on the earlier of:
874	874	(1) the first anniversary of the date of issuance; or
875	875	(2) the expiration of the license holder's lawful
876	876	presence in the United States as determined by the appropriate
877	877	United States agency in compliance with federal law.
878	878	(b) Except as provided by Section 521.2711, a driver's
879	879	license that is renewed expires on the earlier of:
880	880	(1) the sixth anniversary of the expiration date
881	881	before renewal if the applicant is a citizen, national, or legal
882	882	permanent resident of the United States or a refugee or asylee
883	883	lawfully admitted into the United States;
884	884	(1-a) for an applicant not described by Subdivision
885	885	(1):
886	886	(A) the earlier of:
887	887	(i) the sixth anniversary of the expiration
888	888	date before renewal; or
889	889	(ii) the expiration date of the applicant's
890	890	authorized stay in the United States; or
891	891	(B) the first anniversary of the date of
892	892	issuance, if there is no definite expiration date for the
893	893	applicant's authorized stay in the United States; or
894	894	(2) for a renewal driver's license issued to a person
895	895	whose residence or domicile is a correctional facility or a parole
896	896	facility, the first birthday of the license holder occurring after
897	897	the first anniversary of the date of issuance unless an earlier date
898	898	is otherwise provided.
899	899	SECTION 30. Section 521.2711, Transportation Code, is
900	900	amended by adding Subsection (c) to read as follows:
901	901	(c) Notwithstanding Subsections (a) and (b), an original or
902	902	renewal driver's license issued to an applicant who is 85 years of
903	903	age or older and not a citizen, national, or legal permanent
904	904	resident of the United States or a refugee or asylee lawfully
905	905	admitted into the United States expires on:
906	906	(1) the earlier of:
907	907	(A) the second anniversary of the expiration date
908	908	before renewal; or
909	909	(B) the expiration date of the applicant's
910	910	authorized stay in the United States; or
911	911	(2) the first anniversary of the date of issuance if
912	912	there is no definite expiration date for the applicant's authorized
913	913	stay in the United States.
914	914	SECTION 31. Section 521.272, Transportation Code, is
915	915	amended by amending Subsection (c) and adding Subsection (d) to
916	916	read as follows:
917	917	(c) Notwithstanding Sections [Section] 521.271 and
918	918	521.2711, a driver's license issued under this section, including a
919	919	renewal, duplicate, or corrected license, expires:
920	920	(1) if the license holder is a citizen, national, or
921	921	legal permanent resident of the United States or a refugee or asylee
922	922	lawfully admitted into the United States, on the first birthday of
923	923	the license holder occurring after the date of application, except
924	924	that the initial license issued under this section expires on the
925	925	second birthday of the license holder occurring after the date of
926	926	application; or
927	927	(2) if the applicant is not described by Subdivision
928	928	(1), on the earlier of:
929	929	(A) the expiration date of the applicant's
930	930	authorized stay in the United States; or
931	931	(B) the first birthday of the license holder
932	932	occurring after the date of application, except that the initial
933	933	license issued under this section expires on the second birthday of
934	934	the license holder occurring after the date of application.
935	935	(d) Subsection (c) [This subsection] does not apply to:
936	936	(1) a provisional license;
937	937	(2) an instruction permit issued under Section
938	938	521.222; or
939	939	(3) a hardship license issued under Section 521.223.
940	940	SECTION 32. Section 521.421, Transportation Code, is
941	941	amended by adding Subsection (a-3) to read as follows:
942	942	(a-3) Except as provided by Subsections (a-1) and (a-2), the
943	943	fee for a driver's license or personal identification certificate
944	944	that is issued to a person who is not a citizen, national, or legal
945	945	permanent resident of the United States or a refugee or asylee
946	946	lawfully admitted into the United States and that is valid for not
947	947	more than one year is $24.
948	948	SECTION 33. Section 522.005, Transportation Code, is
949	949	amended to read as follows:
950	950	Sec. 522.005. RULEMAKING AUTHORITY. The department may
951	951	adopt rules necessary to carry out this chapter and the federal act
952	952	and to maintain compliance with 49 C.F.R. Parts 383 and 384.
953	953	SECTION 34. Section 522.030, Transportation Code, is
954	954	amended to read as follows:
955	955	Sec. 522.030. CONTENT OF LICENSE. (a) A commercial
956	956	driver's license must:
957	957	(1) be marked "Commercial Driver License" or "CDL";
958	958	(2) be, to the extent practicable, tamper-proof; and
959	959	(3) include:
960	960	(A) the name and mailing address of the person to
961	961	whom it is issued;
962	962	(B) the person's color photograph;
963	963	(C) a physical description of the person,
964	964	including sex, height, and eye color;
965	965	(D) the person's date of birth;
966	966	(E) a number or identifier the department
967	967	considers appropriate;
968	968	(F) the person's signature;
969	969	(G) each class of commercial motor vehicle that
970	970	the person is authorized to drive, with any endorsements or
971	971	restrictions;
972	972	(H) the name of this state; and
973	973	(I) the dates between which the license is valid.
974	974	(b) To the extent of a conflict or inconsistency between
975	975	this section and Section 522.013 or 522.051, Section 522.013 or
976	976	522.051 controls.
977	977	SECTION 35. Subsection (b), Section 522.033,
978	978	Transportation Code, is amended to read as follows:
979	979	(b) Notwithstanding Section 522.051, a commercial driver's
980	980	license or commercial driver learner's permit issued under this
981	981	section, including a renewal, duplicate, or corrected license,
982	982	expires:
983	983	(1) if the license or permit holder is a citizen,
984	984	national, or legal permanent resident of the United States or a
985	985	refugee or asylee lawfully admitted into the United States, on the
986	986	first birthday of the license holder occurring after the date of
987	987	application, except that the initial license issued under this
988	988	section expires on the second birthday of the license holder
989	989	occurring after the date of application; or
990	990	(2) if the applicant is not described by Subdivision
991	991	(1), on the earlier of:
992	992	(A) the expiration date of the applicant's
993	993	authorized stay in the United States; or
994	994	(B) the first birthday of the license holder
995	995	occurring after the date of application, except that the initial
996	996	license issued under this section expires on the second birthday of
997	997	the license holder occurring after the date of application.
998	998	SECTION 36. Section 522.052, Transportation Code, is
999	999	amended by adding Subsection (i) to read as follows:
1000	1000	(i) Unless the information has been previously provided to
1001	1001	the department, the department shall require each applicant for a
1002	1002	renewal or duplicate commercial driver's license to furnish to the
1003	1003	department:
1004	1004	(1) proof of the applicant's United States
1005	1005	citizenship; or
1006	1006	(2) documentation described by Section 521.142(a).
1007	1007	SECTION 37. Subsection (a), Section 4, Article 37.07, Code
1008	1008	of Criminal Procedure, Sections 508.145 and 508.149, Government
1009	1009	Code, and Sections 38.04, 71.02, and 71.023, Penal Code, as amended
1010	1010	by this Act, apply only to an offense committed on or after the
1011	1011	effective date of this Act. An offense committed before the
1012	1012	effective date of this Act is governed by the law in effect when the
1013	1013	offense was committed, and the former law is continued in effect for
1014	1014	that purpose. For purposes of this section, an offense was
1015	1015	committed before the effective date of this Act if any element of
1016	1016	the offense occurred before that date.
1017	1017	SECTION 38. Article 59.06, Code of Criminal Procedure, as
1018	1018	amended by this Act, applies to property seized or taken into
1019	1019	custody on or after the effective date of this Act. Property seized
1020	1020	or taken into custody before the effective date of this Act is
1021	1021	governed by the law in effect on the date the property is seized or
1022	1022	taken into custody, and the former law is continued in effect for
1023	1023	that purpose.
1024	1024	SECTION 39. A county shall submit the first report required
1025	1025	by Section 511.0101, Government Code, as amended by this Act, not
1026	1026	later than October 5, 2011.
1027	1027	SECTION 40. Chapter 53, Labor Code, as added by this Act,
1028	1028	applies only to a violation that occurs on or after the effective
1029	1029	date of this Act.
1030	1030	SECTION 41. The changes in law made by this Act to Chapters
1031	1031	521 and 522, Transportation Code, apply only to a driver's license,
1032	1032	personal identification certificate, commercial driver's license,
1033	1033	or commercial driver learner's permit issued, reissued,
1034	1034	reinstated, or renewed on or after the effective date of this Act.
1035	1035	A driver's license, personal identification certificate,
1036	1036	commercial driver's license, or commercial driver learner's permit
1037	1037	issued, reissued, reinstated, or renewed before the effective date
1038	1038	of this Act is governed by the law in effect when the license,
1039	1039	certificate, or permit was issued, reissued, reinstated, or
1040	1040	renewed, and the former law is continued in effect for that purpose.
1041	1041	SECTION 42. This Act takes effect September 1, 2011.