By: Raymond H.B. No. 133
A BILL TO BE ENTITLED
AN ACT
relating to the dissemination of criminal history record
information by the Department of Public Safety concerning the
offense of intoxication manslaughter and to a task force to reduce
habitual driving while intoxicated.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.135(a), Government Code, is amended
to read as follows:
(a) Any person is entitled to obtain from the department:
(1) any information described as public information
under Chapter 62, Code of Criminal Procedure, [as added by Chapter
668, Acts of the 75th Legislature, Regular Session, 1997,]
including, to the extent available, a recent photograph of each
person subject to registration under that chapter; [and]
(2) criminal history record information maintained by
the department that relates to the conviction of or a grant of
deferred adjudication to a person for any criminal offense,
including arrest information that relates to the conviction or
grant of deferred adjudication; and
(3) any information described as public information
under Section 411.1356(a).
SECTION 2. Subchapter F, Chapter 411, Government Code, is
amended by adding Sections 411.1356 and 411.1357 to read as
follows:
Sec. 411.1356. PUBLIC ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION CONCERNING OFFENSE OF INTOXICATION MANSLAUGHTER. (a)
Criminal history record information that concerns a person's
conviction within the preceding 10-year period for an offense under
Section 49.08, Penal Code, is public information, with the
exception of:
(1) any information regarding the person's social
security number, driver's license number, or telephone number; and
(2) any information that would identify a victim of
the offense.
(b) The department shall implement and maintain an Internet
website to allow any person, free of charge, to electronically
search for and receive information described by Subsection (a).
The website must be searchable by zip code, city, county, or the
name of the person convicted. The search results must include for
each person convicted:
(1) the person's full name and last known address; and
(2) a recent photograph of the person, if a photograph
is available to the department.
(b-1) The department shall provide written notice to the
convicted person not later than the 10th day after the day on which
the department places the person's name on the Internet website
described by Subsection (b).
(c) The department shall remove the criminal history record
information concerning a person's conviction for an offense under
Section 49.08, Penal Code, from the Internet website as soon as
practicable after the earliest of:
(1) the 10th anniversary of the date of the
conviction;
(2) the date on which the conviction is reversed on
appeal; or
(3) the date on which an order of expunction is entered
with respect to records and files in the case.
Sec. 411.1357. CRIMINAL HISTORY RECORD INFORMATION
CONCERNING OFFENSE OF INTOXICATION MANSLAUGHTER PROVIDED TO PEACE
OFFICER ON REQUEST. (a) The department shall establish a procedure
by which a peace officer or employee of a law enforcement agency who
provides the department with a driver's license number, personal
identification certificate number, or license plate number may be
provided any criminal history record information maintained by the
department concerning a conviction of the person to whom the
license, certificate, or plate is issued for an offense under
Section 49.08, Penal Code, within the preceding 10-year period.
(b) The procedure established under Subsection (a) must
allow a peace officer to request the information from the location
of a motor vehicle stop and to receive a response to the request
within the duration of a reasonable motor vehicle stop.
SECTION 3. Subtitle B, Title 4, Government Code, is amended
by adding Chapter 423 to read as follows:
CHAPTER 423. TASK FORCE TO REDUCE HABITUAL INCIDENTS OF DRIVING
WHILE INTOXICATED
Sec. 423.001. DEFINITION. In this chapter, "offense
relating to the operating of a motor vehicle while intoxicated" has
the meaning assigned by Section 49.09(c), Penal Code.
Sec. 423.002. TASK FORCE COMPOSITION. The Task Force to
Reduce Habitual Incidents of Driving While Intoxicated is composed
of 12 members appointed as follows:
(1) six members appointed by the governor:
(A) one of whom is a judge from a specialty court;
(B) one of whom has expertise in specialty courts
designed to address addiction;
(C) one of whom has been charged with or
convicted of an offense relating to the operating of a motor vehicle
while intoxicated;
(D) one of whom has been a victim of an offense
relating to the operating of a motor vehicle while intoxicated;
(E) one of whom has expertise in criminal
justice; and
(F) one of whom has expertise in best practice
substance abuse treatment;
(2) three members appointed by the lieutenant
governor:
(A) one of whom is a prosecuting attorney;
(B) one of whom is a public defense attorney; and
(C) one of whom is a university scholar with
expertise in substance abuse treatment; and
(3) three members appointed by the speaker of the
house of representatives:
(A) one of whom is a state representative;
(B) one of whom is a state senator; and
(C) one of whom is appropriately qualified as
determined by the speaker.
Sec. 423.003. APPOINTMENT OF PRESIDING OFFICER. The
governor shall designate a member of the task force to serve as
presiding officer.
Sec. 423.004. DUTIES. (a) The task force shall:
(1) study the best practice responses to habitual
offenses relating to the operating of a motor vehicle while
intoxicated, for purposes of reducing habitual incidents of those
offenses and incidents of driving fatalities among intoxicated
drivers;
(2) examine first-time, repeat, and habitual driving
while intoxicated data collected in this state, including data
relating to:
(A) driving fatalities involving intoxicated
drivers; and
(B) automatic driver's license suspensions by
the Department of Public Safety for convictions of an offense
relating to the operating of a motor vehicle while intoxicated;
(3) monitor other states for laws and programs that
have been successful in reducing the occurrence of offenses
relating to the operating of a motor vehicle while intoxicated in
those states; and
(4) confer with the Texas Department of
Transportation, the Department of Public Safety, the Texas
Department of Criminal Justice, and the Department of State Health
Services to reduce alcoholism, recidivism, and the occurrence of
offenses relating to the operating of a motor vehicle while
intoxicated in this state.
(b) Not later than December 1, 2014, the task force shall
submit a report to the governor, the lieutenant governor, and the
speaker of the house of representatives that:
(1) describes its findings, including the success of
state laws and programs in reducing the occurrence of offenses
relating to the operating of a motor vehicle while intoxicated;
(2) recommends best practice responses to habitual
driving while intoxicated; and
(3) recommends legislation relating to the prevention
of offenses relating to the operating of a motor vehicle while
intoxicated in this state.
(c) The Texas Legislative Council and the Legislative
Budget Board shall assist the task force in performing its duties.
Sec. 423.005. EXPIRATION. The task force is abolished and
this chapter expires January 1, 2015.
SECTION 4. Not later than May 1, 2014, the Department of
Public Safety shall implement the Internet website required under
Section 411.1356, Government Code, as added by this Act, and shall
make available to a requesting person the information described by
Section 411.1356 or 411.1357, Government Code, as added by this
Act.
SECTION 5. The governor, lieutenant governor, and speaker
of the house of representatives shall make the appointments to the
Task Force to Reduce Habitual Incidents of Driving While
Intoxicated required by Chapter 423, Government Code, as added by
this Act, as soon as practicable after the effective date of this
Act.
SECTION 6. This Act takes effect September 1, 2013.