83R8018 JRR-D
By: McClendon H.B. No. 1515
A BILL TO BE ENTITLED
AN ACT
relating to the assumption of the powers and duties relating to
driver's licenses and personal identification cards by the Texas
Department of Motor Vehicles and the authority of a county to
provide driver's licenses and other identification certificate
services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 502.357(b), Transportation Code, is
amended to read as follows:
(b) Fees collected under this section shall be deposited to
the credit of the state highway fund. Subject to appropriations,
the money shall be used by the department [Department of Public
Safety] to:
(1) support the department's [Department of Public
Safety's] reengineering of the driver's license system to provide
for the issuance by the department [Department of Public Safety] of
a driver's license or personal identification certificate, to
include use of image comparison technology;
(2) establish and maintain a system to support the
driver responsibility program under Chapter 708; and
(3) make lease payments to the master lease purchase
program for the financing of the driver's license reengineering
project.
SECTION 2. Sections 521.001(a)(1-a) and (2),
Transportation Code, are amended to read as follows:
(1-a) "Department" means the Texas Department of Motor
Vehicles [Public Safety].
(2) "Director" means the executive [public safety]
director of the department.
SECTION 3. Subchapter A, Chapter 521, Transportation Code,
is amended by adding Section 521.008 to read as follows:
Sec. 521.008. AGREEMENT REGARDING THE PROVISION OF DRIVER'S
LICENSES AND OTHER IDENTIFICATION CERTIFICATE SERVICES. (a) The
department may enter into an agreement with a county
assessor-collector to train county assessor-collector employees to
provide services at county offices relating to the issuance of
driver's licenses, election identification certificates, and
personal identification certificates, including:
(1) issuing renewal or duplicate driver's licenses;
(2) taking photographs;
(3) administering vision tests;
(4) updating a driver's license, election
identification certificate, or personal identification certificate
to change a name, address, or photo;
(5) distributing and collecting information relating
to donations under Section 521.401;
(6) collecting fees; and
(7) performing other basic administrative functions
and tasks necessary to issue renewal and duplicate driver's
licenses, election identification certificates, and personal
identification certificates.
(b) An agreement under Subsection (a) may not include
training to administer an examination for driver's license
applicants under Subchapter H.
(c) A participating county assessor-collector must remit to
the department for deposit as required by this chapter fees
collected for the issuance of a renewal or duplicate driver's
license or personal identification certificate.
(d) The department shall adopt rules to administer this
section.
SECTION 4. Section 522.003(8), Transportation Code, is
amended to read as follows:
(8) "Department" means the Texas Department of Motor
Vehicles [Public Safety].
SECTION 5. Section 522.007, Transportation Code, is amended
to read as follows:
Sec. 522.007. EXEMPTION FOR NEIGHBORING STATES. (a) The
executive [public safety] director of the department shall enter
negotiations with an appropriate person or entity of a state
bordering this state for the purpose of applying the exemption
contained in Section 522.004(a)(1) to residents of that state.
(b) The executive [public safety] director of the
department may enter an agreement to apply the exemption contained
in Section 522.004(a)(1) to residents of a bordering state only if
that state extends a similar exemption to residents of this state.
SECTION 6. Sections 523.003(2) and (5), Transportation
Code, are amended to read as follows:
(2) "Executive director" means the executive director
of the Texas Department of Motor Vehicles [Public Safety] or the
equivalent officer of another state.
(5) "Licensing authority" means the Texas Department
of Motor Vehicles [Public Safety] or the equivalent agency of
another state.
SECTION 7. Sections 524.001(8) and (9), Transportation
Code, are amended to read as follows:
(8) "Department" means the Texas Department of Motor
Vehicles [Public Safety].
(9) "Director" means the executive [public safety]
director of the department.
SECTION 8. Section 525.001(b), Transportation Code, is
amended to read as follows:
(b) The Texas Department of Motor Vehicles [Public Safety]
shall include motorcycle and bicycle awareness information in [any
edition of] the Texas driver's handbook [published after the
department exhausts the supply of the handbook that the department
had on September 1, 1993].
SECTION 9. Section 601.233(a), Transportation Code, is
amended to read as follows:
(a) A citation for an offense under Section 601.191 issued
as a result of Section 601.053 must include, in type larger than
other type on the citation, except for the type of the statement
required by Section 708.105, the following statement:
"A second or subsequent conviction of an offense under
the Texas Motor Vehicle Safety Responsibility Act will
result in the suspension of your driver's license and
motor vehicle registration unless you file and
maintain evidence of financial responsibility with the
Texas Department of Motor Vehicles [Public Safety] for
two years from the date of conviction. The department
may waive the requirement to file evidence of
financial responsibility if you file satisfactory
evidence with the department showing that at the time
this citation was issued, the vehicle was covered by a
motor vehicle liability insurance policy or that you
were otherwise exempt from the requirements to provide
evidence of financial responsibility."
SECTION 10. Section 411.0111, Government Code, is
transferred to Chapter 1003, Transportation Code, and redesignated
as Section 1003.006, Transportation Code, to read as follows:
Sec. 1003.006 [411.0111]. PROVISION OF CERTAIN
INFORMATION TO COMPTROLLER. (a) Not later than June 1 of every
fifth year, the department shall provide to the comptroller, for
the purpose of assisting the comptroller in the identification of
persons entitled to unclaimed property reported to the comptroller,
the name, address, social security number, date of birth, and
driver's license or state identification number of each person
about whom the department has such information in its records.
(b) Information provided to the comptroller under this
section is confidential and may not be disclosed to the public.
(c) The department shall provide the information in the
format prescribed by rule of the comptroller.
SECTION 11. Section 106.03(b), Alcoholic Beverage Code, is
amended to read as follows:
(b) A person who sells a minor an alcoholic beverage does
not commit an offense if the minor falsely represents himself to be
21 years old or older by displaying an apparently valid proof of
identification that contains a physical description and photograph
consistent with the minor's appearance, purports to establish that
the minor is 21 years of age or older, and was issued by a
governmental agency. The proof of identification may include a
driver's license or identification card issued by the Texas
Department of Motor Vehicles [Public Safety], a passport, or a
military identification card.
SECTION 12. Section 106.06(d), Alcoholic Beverage Code, is
amended to read as follows:
(d) A judge, acting under Article 42.12, Code of Criminal
Procedure, who places a defendant charged with an offense under
this section on community supervision under that article shall, if
the defendant committed the offense at a gathering where
participants were involved in the abuse of alcohol, including binge
drinking or forcing or coercing individuals to consume alcohol, in
addition to any other condition imposed by the judge:
(1) require the defendant to:
(A) perform community service for not less than
20 or more than 40 hours; and
(B) attend an alcohol awareness program approved
under Section 106.115; and
(2) order the Texas Department of Motor Vehicles
[Public Safety] to suspend the driver's license or permit of the
defendant or, if the defendant does not have a driver's license or
permit, to deny the issuance of a driver's license or permit to the
defendant for 180 days.
SECTION 13. Section 106.071(d), Alcoholic Beverage Code, is
amended to read as follows:
(d) In addition to any fine and any order issued under
Section 106.115:
(1) the court shall order a minor placed on deferred
disposition for or convicted of an offense to which this section
applies to perform community service for:
(A) not less than eight or more than 12 hours, if
the minor has not been previously convicted of an offense to which
this section applies; or
(B) not less than 20 or more than 40 hours, if the
minor has been previously convicted once of an offense to which this
section applies; and
(2) the court shall order the Texas Department of
Motor Vehicles [Public Safety] to suspend the driver's license or
permit of a minor convicted of an offense to which this section
applies or, if the minor does not have a driver's license or permit,
to deny the issuance of a driver's license or permit for:
(A) 30 days, if the minor has not been previously
convicted of an offense to which this section applies;
(B) 60 days, if the minor has been previously
convicted once of an offense to which this section applies; or
(C) 180 days, if the minor has been previously
convicted twice or more of an offense to which this section applies.
SECTION 14. Sections 106.115(d) and (e), Alcoholic Beverage
Code, are amended to read as follows:
(d) If the defendant does not present the required evidence
within the prescribed period, the court:
(1) shall order the Texas Department of Motor Vehicles
[Public Safety] to:
(A) suspend the defendant's driver's license or
permit for a period not to exceed six months or, if the defendant
does not have a license or permit, to deny the issuance of a license
or permit to the defendant for that period; or
(B) if the defendant has been previously
convicted of an offense under one or more of the sections listed in
Subsection (a), suspend the defendant's driver's license or permit
for a period not to exceed one year or, if the defendant does not
have a license or permit, to deny the issuance of a license or
permit to the defendant for that period; and
(2) may order the defendant or the parent, managing
conservator, or guardian of the defendant to do any act or refrain
from doing any act if the court determines that doing the act or
refraining from doing the act will increase the likelihood that the
defendant will present evidence to the court that the defendant has
satisfactorily completed an alcohol awareness program or performed
the required hours of community service.
(e) The Texas Department of Motor Vehicles [Public Safety]
shall send notice of the suspension or prohibition order issued
under Subsection (d) by first class mail to the defendant. The
notice must include the date of the suspension or prohibition
order, the reason for the suspension or prohibition, and the period
covered by the suspension or prohibition.
SECTION 15. Section 106.15(e), Alcoholic Beverage Code, is
amended to read as follows:
(e) A person does not commit an offense under Subsection (a)
if the person younger than 18 years of age falsely represents the
person's age to be at least 18 years of age by displaying an
apparently valid Texas driver's license or an identification card
issued by the Texas Department of Motor Vehicles [Public Safety]
containing a physical description consistent with the person's
appearance.
SECTION 16. Article 42.016, Code of Criminal Procedure, is
amended to read as follows:
Art. 42.016. SPECIAL DRIVER'S LICENSE OR IDENTIFICATION
REQUIREMENTS FOR CERTAIN SEX OFFENDERS. If a person is convicted
of, receives a grant of deferred adjudication for, or is
adjudicated as having engaged in delinquent conduct based on a
violation of an offense for which a conviction or adjudication
requires registration as a sex offender under Chapter 62, the court
shall:
(1) issue an order requiring the Texas Department of
Motor Vehicles [Public Safety] to include in any driver's license
record or personal identification certificate record maintained by
the department for the person an indication that the person is
subject to the registration requirements of Chapter 62;
(2) require the person to apply to the Texas
Department of Motor Vehicles [Public Safety] in person for an
original or renewal driver's license or personal identification
certificate not later than the 30th day after the date the person is
released or the date the department sends written notice to the
person of the requirements of Article 62.060, as applicable, and to
annually renew the license or certificate;
(3) notify the person of the consequence of the
conviction or order of deferred adjudication as it relates to the
order issued under this article; and
(4) send to the Texas Department of Motor Vehicles
[Public Safety] a copy of the record of conviction, a copy of the
order granting deferred adjudication, or a copy of the juvenile
adjudication, as applicable, and a copy of the order issued under
this article.
SECTION 17. Sections 13(h), (j), (l), and (m), Article
42.12, Code of Criminal Procedure, are amended to read as follows:
(h) If a person convicted of an offense under Sections
49.04-49.08, Penal Code, is placed on community supervision, the
judge shall require, as a condition of the community supervision,
that the defendant attend and successfully complete before the
181st day after the day community supervision is granted an
educational program jointly approved by the Department of State
Health Services [Texas Commission on Alcohol and Drug Abuse], the
Texas Department of Motor Vehicles [Public Safety], the Traffic
Safety Section of the Texas Department of Transportation, and the
community justice assistance division of the Texas Department of
Criminal Justice designed to rehabilitate persons who have driven
while intoxicated. The Department of State Health Services [Texas
Commission on Alcohol and Drug Abuse] shall publish the jointly
approved rules and shall monitor, coordinate, and provide training
to persons providing the educational programs. The Department of
State Health Services [Texas Commission on Alcohol and Drug Abuse]
is responsible for the administration of the certification of
approved educational programs and may charge a nonrefundable
application fee for the initial certification of approval and for
renewal of a certificate. The judge may waive the educational
program requirement or may grant an extension of time to
successfully complete the program that expires not later than one
year after the beginning date of the person's community
supervision, however, if the defendant by a motion in writing shows
good cause. In determining good cause, the judge may consider but
is not limited to: the defendant's school and work schedule, the
defendant's health, the distance that the defendant must travel to
attend an educational program, and the fact that the defendant
resides out of state, has no valid driver's license, or does not
have access to transportation. The judge shall set out the finding
of good cause for waiver in the judgment. If a defendant is
required, as a condition of community supervision, to attend an
educational program or if the court waives the educational program
requirement, the court clerk shall immediately report that fact to
the Texas Department of Motor Vehicles [Public Safety], on a form
prescribed by the department, for inclusion in the person's driving
record. If the court grants an extension of time in which the
person may complete the program, the court clerk shall immediately
report that fact to the Texas Department of Motor Vehicles [Public
Safety] on a form prescribed by the department. The report must
include the beginning date of the person's community
supervision. Upon the person's successful completion of the
educational program, the person's instructor shall give notice to
the Texas Department of Motor Vehicles [Public Safety] for
inclusion in the person's driving record and to the community
supervision and corrections department. The community supervision
and corrections department shall then forward the notice to the
court clerk for filing. If the Texas Department of Motor Vehicles
[Public Safety] does not receive notice that a defendant required
to complete an educational program has successfully completed the
program within the period required by this section, as shown on
department records, the department shall revoke the defendant's
driver's license, permit, or privilege or prohibit the person from
obtaining a license or permit, as provided by Sections 521.344(e)
and (f), Transportation Code. The Texas Department of Motor
Vehicles [Public Safety] may not reinstate a license suspended
under this subsection unless the person whose license was suspended
makes application to the department for reinstatement of the
person's license and pays to the department a reinstatement fee of
$100. The Texas Department of Motor Vehicles [Public Safety] shall
remit all fees collected under this subsection to the comptroller
for deposit in the general revenue fund. This subsection does not
apply to a defendant if a jury recommends community supervision for
the defendant and also recommends that the defendant's driver's
license not be suspended.
(j) The judge shall require a defendant who is punished
under Section 49.09, Penal Code, as a condition of community
supervision, to attend and successfully complete an educational
program for repeat offenders approved by the Department of State
Health Services [Texas Commission on Alcohol and Drug Abuse]. The
Department of State Health Services [Texas Commission on Alcohol
and Drug Abuse] shall adopt rules and shall monitor, coordinate,
and provide training to persons providing the educational programs.
The Department of State Health Services [Texas Commission on
Alcohol and Drug Abuse] is responsible for the administration of
the certification of approved educational programs and may charge a
nonrefundable application fee for initial certification of
approval or for renewal of the certification. The judge may waive
the educational program requirement only if the defendant by a
motion in writing shows good cause. In determining good cause, the
judge may consider the defendant's school and work schedule, the
defendant's health, the distance that the defendant must travel to
attend an educational program, and whether the defendant resides
out of state or does not have access to transportation. The judge
shall set out the finding of good cause in the judgment. If a
defendant is required, as a condition of community supervision, to
attend an educational program, the court clerk shall immediately
report that fact to the Texas Department of Motor Vehicles [Public
Safety], on a form prescribed by the department, for inclusion in
the defendant's driving record. The report must include the
beginning date of the defendant's community supervision. On the
defendant's successful completion of the educational program for
repeat offenders, the defendant's instructor shall give notice to
the Texas Department of Motor Vehicles [Public Safety] for
inclusion in the defendant's driving record and to the community
supervision and corrections department. The community supervision
and corrections department shall then forward the notice to the
court clerk for filing. If the Texas Department of Motor Vehicles
[Public Safety] does not receive notice that a defendant required
to complete an educational program has successfully completed the
program for repeat offenders within the period required by the
judge, as shown on department records, the department shall revoke
the defendant's driver's license, permit, or privilege or prohibit
the defendant from obtaining a license or permit, as provided by
Sections 521.344(e) and (f), Transportation Code.
(l) If the Texas Department of Motor Vehicles [Public
Safety] receives notice that a defendant has been required or
permitted to attend a subsequent educational program under
Subsection (h), (j), or (k) of this section, although the
previously required attendance had been waived, but the judge has
not ordered a period of suspension, the department shall suspend
the defendant's driver's license, permit, or operating privilege,
or shall issue an order prohibiting the defendant from obtaining a
license or permit for a period of 365 days.
(m) If a judge revokes the community supervision of a
defendant for an offense under Section 49.04, Penal Code, or an
offense involving the operation of a motor vehicle under Section
49.07, Penal Code, and the driver's license or privilege to operate
a motor vehicle has not previously been ordered by the judge to be
suspended, or if the suspension was previously probated, the judge
shall suspend the license or privilege for a period provided under
Subchapter O, Chapter 521, Transportation Code. The suspension
shall be reported to the Texas Department of Motor Vehicles [Public
Safety] as provided under Section 521.347, Transportation Code.
SECTION 18. Articles 45.050(c) and (f), Code of Criminal
Procedure, are amended to read as follows:
(c) If a child fails to obey an order of a justice or
municipal court under circumstances that would constitute contempt
of court, the justice or municipal court, after providing notice
and an opportunity to be heard, may:
(1) refer the child to the appropriate juvenile court
for delinquent conduct for contempt of the justice or municipal
court order; or
(2) retain jurisdiction of the case, hold the child in
contempt of the justice or municipal court, and order either or both
of the following:
(A) that the contemnor pay a fine not to exceed
$500; or
(B) that the Texas Department of Motor Vehicles
[Public Safety] suspend the contemnor's driver's license or permit
or, if the contemnor does not have a license or permit, to deny the
issuance of a license or permit to the contemnor until the contemnor
fully complies with the orders of the court.
(f) A court that orders suspension or denial of a driver's
license or permit under Subsection (c)(2)(B) shall notify the Texas
Department of Motor Vehicles [Public Safety] on receiving proof of
compliance with the orders of the court.
SECTION 19. Articles 45.0511(c), (c-1), and (l), Code of
Criminal Procedure, are amended to read as follows:
(c) The court shall enter judgment on the defendant's plea
of no contest or guilty at the time the plea is made, defer
imposition of the judgment, and allow the defendant 90 days to
successfully complete the approved driving safety course or
motorcycle operator training course and present to the court:
(1) a uniform certificate of completion of the driving
safety course or a verification of completion of the motorcycle
operator training course;
(2) unless the judge proceeds under Subsection (c-1),
the defendant's driving record as maintained by the Texas
Department of Motor Vehicles [Public Safety], if any, showing that
the defendant had not completed an approved driving safety course
or motorcycle operator training course, as applicable, within the
12 months preceding the date of the offense;
(3) an affidavit stating that the defendant was not
taking a driving safety course or motorcycle operator training
course, as applicable, under this article on the date the request to
take the course was made and had not completed such a course that is
not shown on the defendant's driving record within the 12 months
preceding the date of the offense; and
(4) if the defendant does not have a valid Texas
driver's license or permit and is a member, or the spouse or
dependent child of a member, of the United States military forces
serving on active duty, an affidavit stating that the defendant was
not taking a driving safety course or motorcycle operator training
course, as appropriate, in another state on the date the request to
take the course was made and had not completed such a course within
the 12 months preceding the date of the offense.
(c-1) In this subsection, "state electronic Internet
portal" has the meaning assigned by Section 2054.003, Government
Code. As an alternative to receiving the defendant's driving
record under Subsection (c)(2), the judge, at the time the
defendant requests a driving safety course or motorcycle operator
training course dismissal under this article, may require the
defendant to pay a fee in an amount equal to the sum of the amount of
the fee established by Section 521.048, Transportation Code, and
the state electronic Internet portal fee and, using the state
electronic Internet portal, may request the Texas Department of
Motor Vehicles [Public Safety] to provide the judge with a copy of
the defendant's driving record that shows the information described
by Section 521.047(b), Transportation Code. As soon as
practicable and using the state electronic Internet portal, the
Texas Department of Motor Vehicles [Public Safety] shall provide
the judge with the requested copy of the defendant's driving
record. The fee authorized by this subsection is in addition to
any other fee required under this article. If the copy of the
defendant's driving record provided to the judge under this
subsection shows that the defendant has not completed an approved
driving safety course or motorcycle operator training course, as
appropriate, within the 12 months preceding the date of the
offense, the judge shall allow the defendant to complete the
appropriate course as provided by this article. The custodian of a
municipal or county treasury who receives fees collected under this
subsection shall keep a record of the fees and, without deduction or
proration, forward the fees to the comptroller, with and in the
manner required for other fees and costs received in connection
with criminal cases. The comptroller shall credit fees received
under this subsection to the Texas Department of Motor Vehicles
[Public Safety].
(l) When a defendant complies with Subsection (c), the court
shall:
(1) remove the judgment and dismiss the charge;
(2) report the fact that the defendant successfully
completed a driving safety course or a motorcycle operator training
course and the date of completion to the Texas Department of Motor
Vehicles [Public Safety] for inclusion in the person's driving
record; and
(3) state in that report whether the course was taken
under this article to provide information necessary to determine
eligibility to take a subsequent course under Subsection (b).
SECTION 20. Article 45.054(f), Code of Criminal Procedure,
is amended to read as follows:
(f) In addition to any other order authorized by this
article, the court may order the Texas Department of Motor Vehicles
[Public Safety] to suspend the driver's license or permit of the
individual who is the subject of the hearing or, if the individual
does not have a license or permit, to deny the issuance of a license
or permit to the individual for a period specified by the court not
to exceed 365 days.
SECTION 21. Section 13.002(c), Election Code, is amended to
read as follows:
(c) A registration application must include:
(1) the applicant's first name, middle name, if any,
last name, and former name, if any;
(2) the month, day, and year of the applicant's birth;
(3) a statement that the applicant is a United States
citizen;
(4) a statement that the applicant is a resident of the
county;
(5) a statement that the applicant has not been
determined by a final judgment of a court exercising probate
jurisdiction to be:
(A) totally mentally incapacitated; or
(B) partially mentally incapacitated without the
right to vote;
(6) a statement that the applicant has not been
finally convicted of a felony or that the applicant is a felon
eligible for registration under Section 13.001;
(7) the applicant's residence address or, if the
residence has no address, the address at which the applicant
receives mail and a concise description of the location of the
applicant's residence;
(8) the following information:
(A) the applicant's Texas driver's license number
or the number of a personal identification card issued by the Texas
Department of Motor Vehicles [Public Safety];
(B) if the applicant has not been issued a number
described by Paragraph (A), the last four digits of the applicant's
social security number; or
(C) a statement by the applicant that the
applicant has not been issued a number described by Paragraph (A) or
(B);
(9) if the application is made by an agent, a statement
of the agent's relationship to the applicant; and
(10) the city and county in which the applicant
formerly resided.
SECTION 22. Section 13.004(c), Election Code, is amended to
read as follows:
(c) The following information furnished on a registration
application is confidential and does not constitute public
information for purposes of Chapter 552, Government Code:
(1) a social security number;
(2) a Texas driver's license number;
(3) a number of a personal identification card issued
by the Texas Department of Motor Vehicles [Public Safety];
(4) an indication that an applicant is interested in
working as an election judge; or
(5) the residence address of the applicant, if the
applicant is a federal judge or state judge, as defined by Section
13.0021, or the spouse of a federal judge or state judge, and
included an affidavit with the registration application under
Section 13.0021 or the registrar has received an affidavit
submitted under Section 15.0215.
SECTION 23. Section 13.072(a), Election Code, is amended to
read as follows:
(a) Unless the registrar challenges the applicant, the
registrar shall approve the application if:
(1) the registrar determines that an application
complies with Section 13.002 and indicates that the applicant is
eligible for registration; and
(2) for an applicant who has not included a statement
described by Section 13.002(c)(8)(C), the registrar verifies with
the secretary of state:
(A) the applicant's Texas driver's license number
or number of a personal identification card issued by the Texas
Department of Motor Vehicles [Public Safety]; or
(B) the last four digits of the applicant's
social security number.
SECTION 24. Section 13.122(a), Election Code, is amended to
read as follows:
(a) In addition to the other statements and spaces for
entering information that appear on an officially prescribed
registration application form, each official form must include:
(1) the statement: "I understand that giving false
information to procure a voter registration is perjury and a crime
under state and federal law.";
(2) a space for the applicant's registration number;
(3) a space for the applicant's Texas driver's license
number or number of a personal identification card issued by the
Texas Department of Motor Vehicles [Public Safety];
(4) a space for the applicant's telephone number;
(5) a space for the applicant's social security
number;
(6) a space for the applicant's sex;
(7) a statement indicating that the furnishing of the
applicant's telephone number and sex is optional;
(8) a space or box for indicating whether the
applicant or voter is submitting new registration information or a
change in current registration information;
(9) a statement instructing a voter who is using the
form to make a change in current registration information to enter
the voter's name and the changed information in the appropriate
spaces on the form;
(10) a statement that if the applicant declines to
register to vote, that fact will remain confidential and will be
used only for voter registration purposes;
(11) a statement that if the applicant does register
to vote, information regarding the agency or office to which the
application is submitted will remain confidential and will be used
only for voter registration purposes;
(12) a space or box for indicating whether the
applicant is interested in working as an election judge;
(13) a statement warning that a conviction for making
a false statement may result in imprisonment for up to the maximum
amount of time provided by law, a fine of up to the maximum amount
provided by law, or both the imprisonment and the fine; and
(14) any other voter registration information
required by federal law or considered appropriate and required by
the secretary of state.
SECTION 25. Section 16.031(a), Election Code, is amended to
read as follows:
(a) The registrar shall cancel a voter's registration
immediately on receipt of:
(1) notice under Section 13.072(b) or 15.021 or a
response under Section 15.053 that the voter's residence is outside
the county;
(2) an abstract of the voter's death certificate under
Section 16.001(a) or an abstract of an application indicating that
the voter is deceased under Section 16.001(b);
(3) an abstract of a final judgment of the voter's
total mental incapacity, partial mental incapacity without the
right to vote, conviction of a felony, or disqualification under
Section 16.002, 16.003, or 16.004;
(4) notice under Section 112.012 that the voter has
applied for a limited ballot in another county;
(5) notice from a voter registration official in
another state that the voter has registered to vote outside this
state;
(6) notice from the early voting clerk under Section
101.053 [101.0041] that a federal postcard application submitted by
an applicant states a voting residence address located outside the
registrar's county; or
(7) notice from the secretary of state that the voter
has registered to vote in another county, as determined by the
voter's driver's license number or personal identification card
number issued by the Texas Department of Motor Vehicles [Public
Safety] or social security number.
SECTION 26. Section 20.063(a), Election Code, is amended to
read as follows:
(a) The Texas Department of Motor Vehicles [Public Safety]
shall provide to each person who applies in person at the
department's offices for an original or renewal of a driver's
license, a personal identification card, or a duplicate or
corrected license or card an opportunity to complete a voter
registration application form.
SECTION 27. Section 63.0101, Election Code, is amended to
read as follows:
Sec. 63.0101. DOCUMENTATION OF PROOF OF IDENTIFICATION.
The following documentation is an acceptable form of photo
identification under this chapter:
(1) a driver's license, election identification
certificate, or personal identification card issued to the person
by the Texas Department of Motor Vehicles [Public Safety] that has
not expired or that expired no earlier than 60 days before the date
of presentation;
(2) a United States military identification card that
contains the person's photograph that has not expired or that
expired no earlier than 60 days before the date of presentation;
(3) a United States citizenship certificate issued to
the person that contains the person's photograph;
(4) a United States passport issued to the person that
has not expired or that expired no earlier than 60 days before the
date of presentation; or
(5) a license to carry a concealed handgun issued to
the person by the Department of Public Safety that has not expired
or that expired no earlier than 60 days before the date of
presentation.
SECTION 28. Section 65.060, Election Code, is amended to
read as follows:
Sec. 65.060. DISCLOSURE OF SOCIAL SECURITY, DRIVER'S
LICENSE, OR PERSONAL IDENTIFICATION NUMBER ON PROVISIONAL BALLOT
AFFIDAVIT. A social security number, Texas driver's license
number, or number of a personal identification card issued by the
Texas Department of Motor Vehicles [Public Safety] furnished on a
provisional ballot affidavit is confidential and does not
constitute public information for purposes of Chapter 552,
Government Code. The general custodian of election records shall
ensure that a social security number, Texas driver's license
number, or number of a personal identification card issued by the
Texas Department of Motor Vehicles [Public Safety] is excluded from
disclosure.
SECTION 29. Section 2.005(b), Family Code, is amended to
read as follows:
(b) The proof must be established by:
(1) a driver's license or identification card issued
by this state, another state, or a Canadian province that is current
or has expired not more than two years preceding the date the
identification is submitted to the county clerk in connection with
an application for a license;
(2) a United States passport;
(3) a current passport issued by a foreign country or a
consular document issued by a state or national government;
(4) an unexpired Certificate of United States
Citizenship, Certificate of Naturalization, United States Citizen
Identification Card, Permanent Resident Card, Temporary Resident
Card, Employment Authorization Card, or other document issued by
the federal Department of Homeland Security or the United States
Department of State including an identification photograph;
(5) an unexpired military identification card for
active duty, reserve, or retired personnel with an identification
photograph;
(6) an original or certified copy of a birth
certificate issued by a bureau of vital statistics for a state or a
foreign government;
(7) an original or certified copy of a Consular Report
of Birth Abroad or Certificate of Birth Abroad issued by the United
States Department of State;
(8) an original or certified copy of a court order
relating to the applicant's name change or sex change;
(9) school records from a secondary school or
institution of higher education;
(10) an insurance policy continuously valid for the
two years preceding the date of the application for a license;
(11) a motor vehicle certificate of title;
(12) military records, including documentation of
release or discharge from active duty or a draft record;
(13) an unexpired military dependent identification
card;
(14) an original or certified copy of the applicant's
marriage license or divorce decree;
(15) a voter registration certificate;
(16) a pilot's license issued by the Federal Aviation
Administration or another authorized agency of the United States;
(17) a license to carry a concealed handgun under
Subchapter H, Chapter 411, Government Code;
(18) a temporary driving permit or a temporary
identification card issued by the Texas Department of Motor
Vehicles [Public Safety]; or
(19) an offender identification card issued by the
Texas Department of Criminal Justice.
SECTION 30. Sections 54.042(a), (b), (f), and (g), Family
Code, are amended to read as follows:
(a) A juvenile court, in a disposition hearing under Section
54.04, shall:
(1) order the Texas Department of Motor Vehicles
[Public Safety] to suspend a child's driver's license or permit, or
if the child does not have a license or permit, to deny the issuance
of a license or permit to the child if the court finds that the child
has engaged in conduct that:
(A) violates a law of this state enumerated in
Section 521.342(a), Transportation Code; or
(B) violates a penal law of this state or the
United States, an element or elements of which involve a severe form
of trafficking in persons, as defined by 22 U.S.C. Section 7102; or
(2) notify the Texas Department of Motor Vehicles
[Public Safety] of the adjudication, if the court finds that the
child has engaged in conduct that violates a law of this state
enumerated in Section 521.372(a), Transportation Code.
(b) A juvenile court, in a disposition hearing under Section
54.04, may order the Texas Department of Motor Vehicles [Public
Safety] to suspend a child's driver's license or permit or, if the
child does not have a license or permit, to deny the issuance of a
license or permit to the child, if the court finds that the child
has engaged in conduct that violates Section 28.08, Penal Code.
(f) A juvenile court, in a disposition hearing under Section
54.04, may order the Texas Department of Motor Vehicles [Public
Safety] to suspend a child's driver's license or permit or, if the
child does not have a license or permit, to deny the issuance of a
license or permit to the child for a period not to exceed 12 months
if the court finds that the child has engaged in conduct in need of
supervision or delinquent conduct other than the conduct described
by Subsection (a).
(g) A juvenile court that places a child on probation under
Section 54.04 may require as a reasonable condition of the
probation that if the child violates the probation, the court may
order the Texas Department of Motor Vehicles [Public Safety] to
suspend the child's driver's license or permit or, if the child does
not have a license or permit, to deny the issuance of a license or
permit to the child for a period not to exceed 12 months. The court
may make this order if a child that is on probation under this
condition violates the probation. A suspension under this
subsection is cumulative of any other suspension under this
section.
SECTION 31. Sections 203.007(b) and (g), Family Code, are
amended to read as follows:
(b) A domestic relations office is entitled to obtain from
the Texas Department of Motor Vehicles and the Department of Public
Safety records that relate to:
(1) a person's date of birth;
(2) a person's most recent address;
(3) a person's current driver's license status;
(4) motor vehicle accidents involving a person;
(5) reported traffic-law violations of which a person
has been convicted; and
(6) a person's criminal history record information.
(g) The Texas Department of Motor Vehicles, the Department
of Public Safety, the Texas Workforce Commission, or the office of
the secretary of state may charge a domestic relations office a fee
not to exceed the charge paid by the Title IV-D agency for
furnishing records under this section.
SECTION 32. Section 277.002(a), Finance Code, is amended to
read as follows:
(a) A financial institution shall require, as a condition of
opening or maintaining a business checking account, that the
applicant or account holder provide:
(1) if the business is a sole proprietorship:
(A) the name of the business owner;
(B) the physical address of the business;
(C) the home address of the business owner; and
(D) the driver's license number of the business
owner or the personal identification card number issued to the
business owner by the Texas Department of Motor Vehicles [Public
Safety]; or
(2) if the business is a corporation or other legal
entity, a copy of the business's certificate of incorporation or a
comparable document and an assumed name certificate, if any.
SECTION 33. Sections 62.001(a), (f), (h), and (i),
Government Code, are amended to read as follows:
(a) The jury wheel must be reconstituted by using, as the
source:
(1) the names of all persons on the current voter
registration lists from all the precincts in the county; and
(2) all names on a current list to be furnished by the
Texas Department of Motor Vehicles [Public Safety], showing the
citizens of the county who:
(A) hold a valid Texas driver's license or a
valid personal identification card or certificate issued by the
department; and
(B) are not disqualified from jury service under
Section 62.102(1), (2), or (7).
(f) The Texas Department of Motor Vehicles [Public Safety]
shall furnish a list to the secretary of state that shows the names
required under Subsection (a)(2) and that contains any of the
information enumerated in Subsection (c) that is available to the
department, including citizenship status and county of residence.
The list shall exclude the names of convicted felons, persons who
are not citizens of the United States, persons residing outside the
county, and the duplicate name of any registrant. The department
shall furnish the list to the secretary of state on or before the
first Monday in October of each year.
(h) If the secretary of state is unable to furnish the list
as provided in this section because of the failure of the voter
registrar to furnish the county voter registration list to the
secretary of state, the county tax assessor-collector, sheriff,
county clerk, and district clerk in the county shall meet at the
county courthouse between January 1 and January 15 of the following
year and shall reconstitute the jury wheel for the county, except as
provided under a plan adopted under Section 62.011. The deadlines
included in the plan control for preparing the list and
reconstituting the wheel. The secretary of state shall send the
list furnished by the Texas Department of Motor Vehicles [Public
Safety] as provided by Subsection (f) to the voter registrar, who
shall combine the lists as described in this section for use as the
juror source and certify the combined list as required of the
secretary of state under Subsection (g).
(i) The commissioners court may, instead of using the method
provided by Subsections (c) through (h), contract with another
governmental unit or a private person to combine the voter
registration list with the list furnished by the Texas Department
of Motor Vehicles [Public Safety]. Subsections (c) through (h) do
not apply to a county in which the commissioners court has
contracted with another governmental unit or a private person under
this subsection. The Texas Department of Motor Vehicles [Public
Safety] may not charge a fee for furnishing a list under this
subsection. Each list must contain the name, date of birth,
address, county of residence, and citizenship status of each person
listed. If practical, each list must contain any other information
useful in determining if the person is qualified to serve as a
juror.
SECTION 34. Section 411.174(b), Government Code, is amended
to read as follows:
(b) An applicant must provide on the application a statement
of the applicant's:
(1) full name and place and date of birth;
(2) race and sex;
(3) residence and business addresses for the preceding
five years;
(4) hair and eye color;
(5) height and weight;
(6) driver's license number or identification
certificate number issued by the Texas Department of Motor Vehicles
[department];
(7) criminal history record information of the type
maintained by the department under this chapter, including a list
of offenses for which the applicant was arrested, charged, or under
an information or indictment and the disposition of the offenses;
and
(8) history, if any, of treatment received by,
commitment to, or residence in:
(A) a drug or alcohol treatment center licensed
to provide drug or alcohol treatment under the laws of this state or
another state, but only if the treatment, commitment, or residence
occurred during the preceding five years; or
(B) a psychiatric hospital.
SECTION 35. Section 411.179(a), Government Code, is amended
to read as follows:
(a) The department by rule shall adopt the form of the
license. A license must include:
(1) a number assigned to the license holder by the
department;
(2) a statement of the period for which the license is
effective;
(3) a statement of the category or categories of
handguns the license holder may carry as provided by Subsection
(b);
(4) a color photograph of the license holder;
(5) the license holder's full name, date of birth, hair
and eye color, height, weight, and signature;
(6) the license holder's residence address or, as
provided by Subsection (d), the street address of the courthouse in
which the license holder or license holder's spouse serves as a
federal judge or the license holder serves as a state judge; and
(7) the number of a driver's license or an
identification certificate issued to the license holder by the
Texas Department of Motor Vehicles [department].
SECTION 36. Section 411.205, Government Code, is amended to
read as follows:
Sec. 411.205. REQUIREMENT TO DISPLAY LICENSE. If a license
holder is carrying a handgun on or about the license holder's person
when a magistrate or a peace officer demands that the license holder
display identification, the license holder shall display both the
license holder's driver's license or identification certificate
issued by the Texas Department of Motor Vehicles [department] and
the license holder's handgun license.
SECTION 37. Section 509.004(a), Government Code, is amended
to read as follows:
(a) The division shall require each department to:
(1) keep financial and statistical records determined
necessary by the division;
(2) submit a community justice plan and all supporting
information requested by the division;
(3) present data requested by the division as
necessary to determine the amount of state aid for which the
department is eligible;
(4) submit periodic financial audits and statistical
reports to the division; and
(5) submit to the Texas Department of Motor Vehicles
[Public Safety] the full name, address, date of birth, social
security number, and driver's license number of each person
restricted to the operation of a motor vehicle equipped with a
device that uses a deep-lung breath analysis mechanism to make
impractical the operation of the motor vehicle if ethyl alcohol is
detected in the breath of the restricted operator.
SECTION 38. Section 531.1533, Government Code, is amended
to read as follows:
Sec. 531.1533. REQUIREMENTS ON ADMISSIONS OF CHILDREN TO
CERTAIN INSTITUTIONS. On the admission of a child to an institution
described by Section 531.151(3)(A), (B), or (D), the Department of
Aging and Disability Services shall require the child's parent or
guardian to submit:
(1) an admission form that includes:
(A) the parent's or guardian's:
(i) name, address, and telephone number;
(ii) driver's license number and state of
issuance or personal identification card number issued by the Texas
Department of Motor Vehicles [Public Safety]; and
(iii) place of employment and the
employer's address and telephone number; and
(B) the name, address, and telephone number of a
relative of the child or other person whom the department or
institution may contact in an emergency, a statement indicating the
relation between that person and the child, and at the parent's or
guardian's option, that person's:
(i) driver's license number and state of
issuance or personal identification card number issued by the Texas
Department of Motor Vehicles [Public Safety]; and
(ii) the name, address, and telephone
number of that person's employer; and
(2) a signed acknowledgment of responsibility stating
that the parent or guardian agrees to:
(A) notify the institution in which the child is
placed of any changes to the information submitted under
Subdivision (1)(A); and
(B) make reasonable efforts to participate in the
child's life and in planning activities for the child.
SECTION 39. Section 12.092(b), Health and Safety Code, is
amended to read as follows:
(b) The medical advisory board shall assist:
(1) the Texas Department of Motor Vehicles [Public
Safety of the State of Texas] in determining whether[:
[(1)] an applicant for a driver's license or a license
holder is capable of safely operating a motor vehicle; and [or]
(2) the Department of Public Safety in determining
whether an applicant for or holder of a license to carry a concealed
handgun under the authority of Subchapter H, Chapter 411,
Government Code, is capable of exercising sound judgment with
respect to the proper use and storage of a handgun.
SECTION 40. Section 81.011, Health and Safety Code, is
amended to read as follows:
Sec. 81.011. REQUEST FOR INFORMATION. In times of
emergency or epidemic declared by the commissioner, the department
is authorized to request information pertaining to names, dates of
birth, and most recent addresses of individuals from the driver's
license records of the Texas Department of Motor Vehicles [Public
Safety] for the purpose of notification to individuals of the need
to receive certain immunizations or diagnostic, evaluation, or
treatment services for suspected communicable diseases.
SECTION 41. Section 161.254, Health and Safety Code, is
amended to read as follows:
Sec. 161.254. DRIVER'S LICENSE SUSPENSION OR DENIAL. (a)
If the defendant does not provide the evidence required under
Section 161.253(e) within the period specified by that subsection,
the court shall order the Texas Department of Motor Vehicles
[Public Safety] to suspend or deny issuance of any driver's license
or permit to the defendant. The order must specify the period of
the suspension or denial, which may not exceed 180 days after the
date of the order.
(b) The Texas Department of Motor Vehicles [Public Safety]
shall send to the defendant notice of court action under Subsection
(a) by first class mail. The notice must include the date of the
order and the reason for the order and must specify the period of
the suspension or denial.
SECTION 42. Section 485.032(c), Health and Safety Code, is
amended to read as follows:
(c) It is an affirmative defense to prosecution under this
section that:
(1) the person making the delivery is an adult having
supervisory responsibility over the person younger than 18 years of
age and:
(A) the adult permits the use of the abusable
volatile chemical only under the adult's direct supervision and in
the adult's presence and only for its intended purpose; and
(B) the adult removes the chemical from the
person younger than 18 years of age on completion of that use; or
(2) the person to whom the abusable volatile chemical
was delivered presented to the defendant an apparently valid Texas
driver's license or an identification certificate, issued by the
Texas Department of Motor Vehicles [Public Safety of the State of
Texas] and containing a physical description consistent with the
person's appearance, that purported to establish that the person
was 18 years of age or older.
SECTION 43. Sections 692A.002(11) and (15), Health and
Safety Code, are amended to read as follows:
(11) "Driver's license" means a license or permit
issued by the Texas Department of Motor Vehicles [Public Safety] to
operate a vehicle, whether or not conditions are attached to the
license or permit.
(15) "Identification card" means an identification
card issued by the Texas Department of Motor Vehicles [Public
Safety].
SECTION 44. Sections 692A.020(d), (e), (f), (g), (h), (i),
and (m), Health and Safety Code, are amended to read as follows:
(d) The Texas Department of Motor Vehicles [Public Safety]
at least monthly shall electronically transfer to the nonprofit
organization under contract with the department the name, date of
birth, driver's license number, most recent address, and any other
relevant information in the possession of the Texas Department of
Motor Vehicles [Public Safety] for any person who indicates on the
person's driver's license application under Section 521.401,
Transportation Code, that the person would like to make an
anatomical gift.
(e) The contract between the department and the nonprofit
organization administering the registry must require the
organization to:
(1) make information obtained from the Texas
Department of Motor Vehicles [Public Safety] under Subsection (d)
available to procurement organizations;
(2) allow potential donors to submit information in
writing directly to the organization for inclusion in the
Internet-based registry;
(3) maintain the Internet-based registry in a manner
that allows procurement organizations to immediately access organ,
tissue, and eye donation information 24 hours a day, seven days a
week through electronic and telephonic methods; and
(4) protect the confidentiality and privacy of the
individuals providing information to the Internet-based registry,
regardless of the manner in which the information is provided.
(f) Except as otherwise provided by Subsection (e)(3) or
this subsection, the Texas Department of Motor Vehicles [Public
Safety], the nonprofit organization under contract to administer
the registry, or a procurement organization may not sell, rent, or
otherwise share any information provided to the Internet-based
registry. A procurement organization may share any information
provided to the registry with an organ procurement organization or
a health care provider or facility providing medical care to a
potential donor as necessary to properly identify an individual at
the time of donation.
(g) The Texas Department of Motor Vehicles [Public Safety],
the nonprofit organization under contract with the department to
administer the registry, or the procurement organizations may not
use any demographic or specific data provided to the Internet-based
registry for any fund-raising activities. Data may only be
transmitted from the selected organization to procurement
organizations through electronic and telephonic methods using
secure, encrypted technology to preserve the integrity of the data
and the privacy of the individuals providing information.
(h) In each office authorized to issue driver's licenses or
personal identification certificates, the Texas Department of
Motor Vehicles [Public Safety] shall make available educational
materials developed by the nonprofit organization administering
the registry.
(i) The Texas Department of Motor Vehicles [Public Safety]
shall remit to the comptroller the money collected under Sections
521.421(g) and 521.422(c), Transportation Code, as provided by
those subsections. A county assessor-collector shall remit to the
comptroller any money collected under Section 502.405 [502.1745],
Transportation Code, as provided by that section. Money remitted
to the comptroller in accordance with those sections that is
appropriated to the department shall be disbursed to the nonprofit
organization administering the registry under this section under
the terms of the contract between the department and the
organization to pay the costs of:
(1) maintaining, operating, and updating the
Internet-based registry and establishing procedures for an
individual to be added to the registry;
(2) designing and distributing educational materials
for prospective donors as required under this section; and
(3) providing education under this chapter.
(m) The department may require the nonprofit organization
administering the registry to:
(1) implement a training program for all appropriate
Texas Department of Motor Vehicles [Public Safety] and Texas
Department of Transportation employees on the benefits of organ,
tissue, and eye donation and the procedures for individuals to be
added to the Internet-based registry; and
(2) conduct the training described by Subdivision (1)
on an ongoing basis for new employees.
SECTION 45. Section 1805.051(d), Occupations Code, is
amended to read as follows:
(d) The list required by Subsection (c) must contain:
(1) the proposed seller's driver's license number or
Texas Department of Motor Vehicles [Public Safety] identification
card number, as recorded by the dealer on physical presentation of
the license or identification card by the seller;
(2) a complete and accurate description of each
business machine, including its serial number or other identifying
marks or symbols;
(3) the proposed seller's certification that the
information is true and complete; and
(4) if the business machine is delivered to the
secondhand dealer for sale or exchange at an auction, the make,
year, model, color, and registration number of the vehicle in which
the business machine is transported to the auction.
SECTION 46. Section 1805.052(b), Occupations Code, is
amended to read as follows:
(b) Except as provided by Section 1805.053, a report
required by this chapter must contain:
(1) the name and address of the seller of the business
machine;
(2) a complete and accurate description of the
business machine for which the report is made, including the serial
number or other identifying marks or symbols;
(3) the seller's certification that the information is
true and complete; and
(4) the seller's driver's license number or Texas
Department of Motor Vehicles [Public Safety] identification card
number, as recorded by the dealer on physical presentation of the
license or identification card by the seller.
SECTION 47. Section 1956.001(8), Occupations Code, is
amended to read as follows:
(8) "Personal identification document" means:
(A) a valid driver's license issued by a state in
the United States;
(B) a United States military identification
card; or
(C) a personal identification certificate issued
by the Texas Department of Motor Vehicles [department] under
Section 521.101, Transportation Code, or a corresponding card or
certificate issued by another state.
SECTION 48. Section 1956.062(c), Occupations Code, is
amended to read as follows:
(c) The dealer shall record the proposed seller's driver's
license number or [department] personal identification certificate
number on physical presentation of the license or personal
identification certificate by the seller. The record must
accompany the list.
SECTION 49. Sections 11.43(f) and (m), Tax Code, are
amended to read as follows:
(f) The comptroller, in prescribing the contents of the
application form for each kind of exemption, shall ensure that the
form requires an applicant to furnish the information necessary to
determine the validity of the exemption claim. The form must
require an applicant to provide the applicant's name and driver's
license number, personal identification certificate number, or
social security account number. If the applicant is a charitable
organization with a federal tax identification number, the form
must allow the applicant to provide the organization's federal tax
identification number in lieu of a driver's license number,
personal identification certificate number, or social security
account number. The comptroller shall include on the forms a notice
of the penalties prescribed by Section 37.10, Penal Code, for
making or filing an application containing a false statement. The
comptroller shall include, on application forms for exemptions that
do not have to be claimed annually, a statement explaining that the
application need not be made annually and that if the exemption is
allowed, the applicant has a duty to notify the chief appraiser when
the applicant's entitlement to the exemption ends. In this
subsection:
(1) "Driver's license" has the meaning assigned that
term by Section 521.001, Transportation Code.
(2) "Personal identification certificate" means a
certificate issued by the Texas Department of Motor Vehicles
[Public Safety] under Subchapter E, Chapter 521, Transportation
Code.
(m) Notwithstanding Subsections (a) and (k), a person who
receives an exemption under Section 11.13, other than an exemption
under Section 11.13(c) or (d) for an individual 65 years of age or
older, in a tax year is entitled to receive an exemption under
Section 11.13(c) or (d) for an individual 65 years of age or older
in the next tax year on the same property without applying for the
exemption if the person becomes 65 years of age in that next year as
shown by:
(1) information in the records of the appraisal
district that was provided to the appraisal district by the
individual in an application for an exemption under Section 11.13
on the property or in correspondence relating to the property; or
(2) the information provided by the Texas Department
of Motor Vehicles [Public Safety] to the appraisal district under
Section 521.049, Transportation Code.
SECTION 50. Section 411.0085, Government Code, is repealed.
SECTION 51. (a) Effective January 1, 2015, the powers and
duties of the Department of Public Safety with regard to driver's
licenses and personal identification cards are transferred to the
Texas Department of Motor Vehicles in accordance with this Act.
(b) Effective January 1, 2015, all rules of the Department
of Public Safety are continued in effect as rules of the Texas
Department of Motor Vehicles until superseded by a rule of the Texas
Department of Motor Vehicles. A license or certification issued by
the Department of Public Safety is continued in effect as provided
by the law in effect immediately before the effective date of this
Act. A complaint, investigation, contested case, or other
proceeding pending on the effective date of this Act is continued
without change in status after the effective date of this Act. An
activity conducted by the Department of Public Safety is considered
to be an activity conducted by the Texas Department of Motor
Vehicles.
(c) On September 1, 2013, or as soon as is possible after
that date, the director of the Department of Public Safety shall
adopt a comprehensive plan to ensure the smooth transition of all
programs operated by the Department of Public Safety relating to
driver's licenses or personal identification cards before January
1, 2015, from the Department of Public Safety to the Texas
Department of Motor Vehicles.
SECTION 52. Effective January 1, 2015:
(1) all money, contracts, leases, rights, property,
records, and bonds and other obligations of the Department of
Public Safety relating to driver's licenses and personal
identification cards are transferred to the Texas Department of
Motor Vehicles; and
(2) an employee of the Department of Public Safety
Driver License Division becomes an employee of the Texas Department
of Motor Vehicles.
SECTION 53. (a) The unobligated and unexpended balance of
any appropriations made to the Department of Public Safety in
connection with or relating to driver's licenses and personal
identification cards for the state fiscal biennium ending August
31, 2013, is transferred and reappropriated to the Texas Department
of Motor Vehicles for the purpose of implementing the powers,
duties, obligations, and rights of action transferred to that
department under Section 51 of this Act.
(b) The Department of Public Safety shall continue, as
necessary, to perform the duties and functions being transferred to
the Texas Department of Motor Vehicles until the transfer of agency
duties and functions is complete.
SECTION 54. (a) The boards of the Texas Department of Motor
Vehicles and the Department of Public Safety shall enter into or
revise a joint memorandum of understanding to coordinate the Texas
Department of Motor Vehicles' and the Department of Public Safety's
information systems to allow for the sharing of information so that
each department may effectively and efficiently perform the
functions and duties assigned to it. Neither the Texas Department
of Motor Vehicles nor the Department of Public Safety may impose or
collect a fee or charge in connection with the sharing of
information under the joint memorandum of understanding entered
into or revised under this section.
(b) The Texas Department of Motor Vehicles and the
Department of Public Safety shall implement the joint memorandum of
understanding using existing personnel and resources.
(c) Otherwise confidential information shared under the
memorandum of understanding remains subject to the same
confidentiality requirements and legal restrictions on access to
the information that are imposed by law on the department that
originally obtained or collected the information.
(d) Information may be shared under the memorandum of
understanding without the consent of the person who is the subject
of the information.
(e) The memorandum of understanding required by Subsection
(a) of this section must be entered into or revised at the first
official meeting of the board of the Texas Department of Motor
Vehicles occurring after the effective date of this Act.
SECTION 55. (a) In addition to the memorandum of
understanding required by Section 54 of this Act, the boards of the
Texas Department of Motor Vehicles and the Department of Public
Safety may enter into or revise one or more other joint memoranda of
understanding necessary to effect the transfer of the powers and
duties of the Department of Public Safety to the Texas Department of
Motor Vehicles under this Act. A memorandum of understanding may
include an agreement for the provision of office space, utilities,
and other facility services; the need for full-time equivalent
positions of the Department of Public Safety to provide support
services in addition to the positions transferred to the Texas
Department of Motor Vehicles under this Act; support services; and
the transfer of information technology as necessary or appropriate
to effect the transfer of the powers and duties of the Department of
Public Safety to the Texas Department of Motor Vehicles.
(b) Subsections (b), (c), and (d) of Section 54 of this Act
apply to a memorandum of understanding entered into or revised
under Subsection (a) of this section.
SECTION 56. This Act takes effect September 1, 2013.