Texas 2017 - 85th Regular

Texas House Bill HB4103 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~85R23409~~ KJE-D
	1	+	85R5855 KJE-D
2	2		By: King of Hemphill H.B. No. 4103
3		-	Substitute the following for H.B. No. 4103:
4		-	By: White C.S.H.B. No. 4103
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the civil commitment of sexually violent predators, the
10	8		operation of the Texas Civil Commitment Office, and certain related
11	9		offenses; increasing a criminal penalty.
12	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	11		SECTION 1. The heading to Section 30.010, Civil Practice
14	12		and Remedies Code, is amended to read as follows:
15	13		Sec. 30.010. PERSONAL IDENTIFYING INFORMATION PRIVILEGED
16	14		FROM DISCOVERY BY INMATE OR COMMITTED PERSON.
17	15		SECTION 2. Sections 30.010(a) and (b), Civil Practice and
18	16		Remedies Code, are amended to read as follows:
19	17		(a) Personal identifying information pertaining to an
20	18		individual, including the individual's home address, home
21	19		telephone number, and social security account number, is privileged
22	20		from discovery by an individual who is imprisoned or confined in any
23	21		correctional facility or civilly committed as a sexually violent
24	22		predator under Chapter 841, Health and Safety Code, if the
25	23		individual to whom the information pertains is:
26	24		(1) an employee of any correctional facility; [or]
27	25		(2) an officer or employee of the Texas Civil
28	26		Commitment Office or a person who contracts with the office to
29	27		perform a service or an employee of that person; or
30	28		(3) related within the first degree by consanguinity
31	29		or affinity to an individual described by Subdivision (1) or (2)
32	30		[who is an employee of any correctional facility].
33	31		(b) Personal identifying information that is privileged
34	32		under this section may be discovered by an individual who is
35	33		imprisoned or confined in a correctional facility or civilly
36	34		committed as a sexually violent predator under Chapter 841, Health
37	35		and Safety Code, only if:
38	36		(1) the incarcerated individual or committed person
39	37		shows good cause to the court for the discovery of the information;
40	38		and
41	39		(2) the court renders an order that authorizes
42	40		discovery of the information.
43	41		SECTION 3. Article 2.13, Code of Criminal Procedure, is
44	42		amended by adding Subsection (d) to read as follows:
45	43		(d) On a request made by that office, a peace officer shall
46	44		execute an emergency detention order issued by the Texas Civil
47	45		Commitment Office under Section 841.0837, Health and Safety Code.
48	46		SECTION 4. Article 17.03, Code of Criminal Procedure, is
49	47		amended by amending Subsection (a) and adding Subsection (b-1) to
50	48		read as follows:
51	49		(a) Except as provided by Subsection (b) or (b-1) [of this
52	50		article], a magistrate may, in the magistrate's discretion, release
53	51		the defendant on [his] personal bond without sureties or other
54	52		security.
55	53		(b-1) A magistrate may not release on personal bond a
56	54		defendant who, at the time of the commission of the charged offense,
57	55		is civilly committed as a sexually violent predator under Chapter
58	56		841, Health and Safety Code.
59		-	SECTION 5. Article 62.202, Code of Criminal Procedure, is
	57	+	SECTION 5. Article 42A.454(a), Code of Criminal Procedure,
	58	+	is amended to read as follows:
	59	+	(a) This article applies only to a defendant who is required
	60	+	to register as a sex offender under Chapter 62, by court order or
	61	+	otherwise, and:
	62	+	(1) is convicted of or receives a grant of deferred
	63	+	adjudication community supervision for a violation of Section
	64	+	21.11, 22.011(a)(2), 22.021(a)(1)(B), 33.021, or 43.25, Penal
	65	+	Code;
	66	+	(2) used the Internet or any other type of electronic
	67	+	device used for Internet access to commit the offense or engage in
	68	+	the conduct for which the person is required to register under
	69	+	Chapter 62; or
	70	+	(3) is assigned a numeric risk level of three based on
	71	+	an assessment conducted using the sex offender screening tool
	72	+	adopted under Article 62.007.
	73	+	SECTION 6. Article 62.202, Code of Criminal Procedure, is
60	74		amended by amending Subsection (a) and adding Subsection (a-1) to
61	75		read as follows:
62	76		(a) Notwithstanding Article 62.058, if an individual
63	77		subject to registration under this chapter is civilly committed as
64	78		a sexually violent predator, the person shall report to the local
65	79		law enforcement authority designated as the person's primary
66	80		registration authority by the department to verify the information
67	81		in the registration form maintained by the authority for that
68	82		person as follows:
69	83		(1) if the person resides at a civil commitment
70		-	center, not less than once each year; or
	84	+	center, not less than once each year on or after the 30th day before
	85	+	the anniversary of the person's date of birth but before the 31st
	86	+	day after that date; or
71	87		(2) if the person does not reside at a civil commitment
72	88		center, not less than once in each 30-day period following:
73	89		(A) the date the person first registered under
74	90		this chapter; or
75	91		(B) if applicable, the date the person moved from
76	92		the center [to verify the information in the registration form
77	93		maintained by the authority for that person].
78	94		(a-1) For purposes of Subsection (a)(2) [this subsection],
79	95		a person complies with a requirement that the person register
80	96		within a 30-day period following a date if the person registers at
81	97		any time on or after the 27th day following that date but before the
82	98		33rd day after that date.
83		-	SECTION 6. Subchapter E, Chapter 62, Code of Criminal
	99	+	SECTION 7. Subchapter E, Chapter 62, Code of Criminal
84	100		Procedure, is amended by adding Article 62.2021 to read as follows:
85	101		Art. 62.2021. REQUIREMENTS RELATING TO DRIVER'S LICENSE OR
86		-	PERSONAL IDENTIFICATION CERTIFICATE: INDIVIDUALS ~~RESIDING AT CIVIL~~
87		-	COMMITMENT ~~CENTER~~. (a) Notwithstanding Article 62.060(b), a
88		-	~~person~~ subject to registration who is civilly committed as a
89		-	~~sexually~~ violent predator and resides at a civil commitment center
90		-	~~shall~~ renew the person's department-issued driver's license or
91		-	~~personal~~ identification certificate as prescribed by Section
92		-	~~521.103,~~ 521.272, or 522.033, Transportation Code, as applicable.
	102	+	PERSONAL IDENTIFICATION CERTIFICATE FOR INDIVIDUALS SUBJECT TO
	103	+	COMMITMENT. (a) Notwithstanding Article 62.060(b), a person
	104	+	subject to registration who is civilly committed as a sexually
	105	+	violent predator and resides at a civil commitment center shall
	106	+	renew the person's department-issued driver's license or personal
	107	+	identification certificate as prescribed by Section 521.103,
	108	+	521.272, or 522.033, Transportation Code, as applicable.
93	109		(b) On the date that a person described by Subsection (a) no
94		-	longer resides at a civil commitment center, the person is required
95		-	to renew a driver's license or personal identification certificate
96		-	only as provided by Article 62.060(b).
97		-	SECTION 7. Section 411.0765(b), Government Code, is amended
	110	+	longer resides at a civil commitment center or has been released by
	111	+	a court from all requirements of the civil commitment process:
	112	+	(1) the person's duty to renew a driver's license or
	113	+	personal identification certificate is no longer imposed by this
	114	+	article; and
	115	+	(2) the person is required to renew a driver's license
	116	+	or personal identification certificate as provided by Article
	117	+	62.060(b).
	118	+	SECTION 8. Section 411.0765(b), Government Code, is amended
98	119		to read as follows:
99	120		(b) A criminal justice agency may disclose criminal history
100	121		record information that is the subject of an order of nondisclosure
101	122		of criminal history record information under this subchapter to the
102	123		following noncriminal justice agencies or entities only:
103	124		(1) the State Board for Educator Certification;
104	125		(2) a school district, charter school, private school,
105	126		regional education service center, commercial transportation
106	127		company, or education shared service arrangement;
107	128		(3) the Texas Medical Board;
108	129		(4) the Texas School for the Blind and Visually
109	130		Impaired;
110	131		(5) the Board of Law Examiners;
111	132		(6) the State Bar of Texas;
112	133		(7) a district court regarding a petition for name
113	134		change under Subchapter B, Chapter 45, Family Code;
114	135		(8) the Texas School for the Deaf;
115	136		(9) the Department of Family and Protective Services;
116	137		(10) the Texas Juvenile Justice Department;
117	138		(11) the Department of Assistive and Rehabilitative
118	139		Services;
119	140		(12) the Department of State Health Services, a local
120	141		mental health service, a local intellectual and developmental
121	142		disability authority, or a community center providing services to
122	143		persons with mental illness or intellectual or developmental
123	144		disabilities;
124	145		(13) the Texas Private Security Board;
125	146		(14) a municipal or volunteer fire department;
126	147		(15) the Texas Board of Nursing;
127	148		(16) a safe house providing shelter to children in
128	149		harmful situations;
129	150		(17) a public or nonprofit hospital or hospital
130	151		district, or a facility as defined by Section 250.001, Health and
131	152		Safety Code;
132	153		(18) the securities commissioner, the banking
133	154		commissioner, the savings and mortgage lending commissioner, the
134	155		consumer credit commissioner, or the credit union commissioner;
135	156		(19) the Texas State Board of Public Accountancy;
136	157		(20) the Texas Department of Licensing and Regulation;
137	158		(21) the Health and Human Services Commission;
138	159		(22) the Department of Aging and Disability Services;
139	160		(23) the Texas Education Agency;
140	161		(24) the Judicial Branch Certification Commission;
141	162		(25) a county clerk's office in relation to a
142	163		proceeding for the appointment of a guardian under Title 3, Estates
143	164		Code;
144	165		(26) the Department of Information Resources but only
145	166		regarding an employee, applicant for employment, contractor,
146	167		subcontractor, intern, or volunteer who provides network security
147	168		services under Chapter 2059 to:
148	169		(A) the Department of Information Resources; or
149	170		(B) a contractor or subcontractor of the
150	171		Department of Information Resources;
151	172		(27) the Texas Department of Insurance;
152	173		(28) the Teacher Retirement System of Texas;
153	174		(29) the Texas State Board of Pharmacy;
154	175		(30) the Texas Civil Commitment Office;
155	176		(31) a bank, savings bank, savings and loan
156	177		association, credit union, or mortgage banker, a subsidiary or
157	178		affiliate of those entities, or another financial institution
158	179		regulated by a state regulatory entity listed in Subdivision (18)
159	180		or by a corresponding federal regulatory entity, but only regarding
160	181		an employee, contractor, subcontractor, intern, or volunteer of or
161	182		an applicant for employment by that bank, savings bank, savings and
162	183		loan association, credit union, mortgage banker, subsidiary or
163	184		affiliate, or financial institution; and
164	185		(32) [(31)] an employer that has a facility that
165	186		handles or has the capability of handling, transporting, storing,
166	187		processing, manufacturing, or controlling hazardous, explosive,
167	188		combustible, or flammable materials, if:
168	189		(A) the facility is critical infrastructure, as
169	190		defined by 42 U.S.C. Section 5195c(e), or the employer is required
170	191		to submit to a risk management plan under Section 112(r) of the
171	192		federal Clean Air Act (42 U.S.C. Section 7412) for the facility; and
172	193		(B) the information concerns an employee,
173	194		applicant for employment, contractor, or subcontractor whose
174	195		duties involve or will involve the handling, transporting, storing,
175	196		processing, manufacturing, or controlling hazardous, explosive,
176	197		combustible, or flammable materials and whose background is
177	198		required to be screened under a federal provision described by
178	199		Paragraph (A).
179		-	SECTION 8. Sections 411.1389(a) and (c), Government Code,
	200	+	SECTION 9. Sections 411.1389(a) and (c), Government Code,
180	201		are amended to read as follows:
181	202		(a) The Texas Civil Commitment Office is entitled to obtain
182	203		from the department criminal history record information that is
183	204		maintained by the department and that relates to a person who:
184	205		(1) has applied with the office to be:
185	206		(A) [(1)] an employee of the office; or
186	207		(B) [(2)] a contracted service provider with the
187	208		office; or
188	209		(2) seeks the office's approval to act as a contact or
189	210		chaperone for a person who is civilly committed as a sexually
190	211		violent predator under Chapter 841, Health and Safety Code.
191	212		(c) The Texas Civil Commitment Office shall destroy
192	213		criminal history record information obtained under Subsection (a)
193	214		as soon as practicable after the date on which, as applicable:
194	215		(1) the person's employment or contract with the
195	216		office terminates; [or]
196	217		(2) the office decides not to employ or contract with
197	218		the person; or
198	219		(3) the office determines whether the person is
199	220		suitable as a contact or chaperone for a person who is civilly
200	221		committed as a sexually violent predator under Chapter 841, Health
201	222		and Safety Code.
202		-	SECTION 9. Section 420A.002(c), Government Code, is ~~amended~~
203		-	to read as follows:
	223	+	SECTION 10. Section 420A.002(c), Government Code, is
	224	+	amended to read as follows:
204	225		(c) Members of the board serve staggered six-year
205	226		[two-year] terms, with the terms of one or two members expiring on[.
206	227		Three members' terms expire February 1 of each even-numbered year
207	228		and two members' terms expire] February 1 of each odd-numbered
208	229		year.
209		-	SECTION 10. Section 420A.003, Government Code, is amended
	230	+	SECTION 11. Section 420A.003, Government Code, is amended
210	231		by adding Subsection (a-1) to read as follows:
211	232		(a-1) The presiding officer shall select a member of the
212	233		board as an assistant presiding officer and may create board
213	234		committees.
214		-	SECTION 11. Section 420A.011, Government Code, is amended
	235	+	SECTION 12. Section 420A.011, Government Code, is amended
215	236		to read as follows:
216	237		Sec. 420A.011. ADMINISTRATIVE ATTACHMENT; SUPPORT. (a) The
217	238		office is administratively attached to the Health and Human
218	239		Services Commission [Department of State Health Services].
219	240		(b) The Health and Human Services Commission [Department of
220	241		State Health Services] shall provide administrative support
221	242		services, including human resources, budgetary, accounting,
222	243		purchasing, payroll, information technology, and legal support
223	244		services, to the office as necessary to carry out the purposes of
224	245		this chapter.
225	246		(c) The office, in accordance with the rules and procedures
226	247		of the Legislative Budget Board, shall prepare, approve, and submit
227	248		a legislative appropriations request that is separate from the
228	249		legislative appropriations request for the Health and Human
229	250		Services Commission [Department of State Health Services] and is
230	251		used to develop the office's budget structure. The office shall
231	252		maintain the office's legislative appropriations request and
232	253		budget structure separately from those of the commission
233	254		[department].
234		-	SECTION 12. Section 552.117(a), Government Code, is amended
	255	+	SECTION 13. Chapter 420A, Government Code, is amended by
	256	+	adding Section 420A.012 to read as follows:
	257	+	Sec. 420A.012. RULES. The board may adopt rules as
	258	+	necessary to enable the office to perform the office's duties under
	259	+	this subchapter.
	260	+	SECTION 14. Section 508.1861(a), Government Code, is
	261	+	amended to read as follows:
	262	+	(a) This section applies only to a person who, on release,
	263	+	will be required to register as a sex offender under Chapter 62,
	264	+	Code of Criminal Procedure, by court order or otherwise, and:
	265	+	(1) is serving a sentence for an offense under Section
	266	+	21.11, 22.011(a)(2), 22.021(a)(1)(B), 33.021, or 43.25, Penal
	267	+	Code;
	268	+	(2) used the Internet or any other type of electronic
	269	+	device used for Internet access to commit the offense or engage in
	270	+	the conduct for which the person is required to register under
	271	+	Chapter 62, Code of Criminal Procedure; or
	272	+	(3) is assigned a numeric risk level of two or three
	273	+	based on an assessment conducted using the sex offender screening
	274	+	tool adopted under Article 62.007, Code of Criminal Procedure.
	275	+	SECTION 15. Section 552.117(a), Government Code, is amended
235	276		to read as follows:
236	277		(a) Information is excepted from the requirements of
237	278		Section 552.021 if it is information that relates to the home
238	279		address, home telephone number, emergency contact information, or
239	280		social security number of the following person or that reveals
240	281		whether the person has family members:
241	282		(1) a current or former official or employee of a
242	283		governmental body, except as otherwise provided by Section 552.024;
243	284		(2) a peace officer as defined by Article 2.12, Code of
244	285		Criminal Procedure, or a security officer commissioned under
245	286		Section 51.212, Education Code, regardless of whether the officer
246	287		complies with Section 552.024 or 552.1175, as applicable;
247	288		(3) a current or former employee of the Texas
248	289		Department of Criminal Justice or of the predecessor in function of
249	290		the department or any division of the department, regardless of
250	291		whether the current or former employee complies with Section
251	292		552.1175;
252	293		(4) a peace officer as defined by Article 2.12, Code of
253	294		Criminal Procedure, or other law, a reserve law enforcement
254	295		officer, a commissioned deputy game warden, or a corrections
255	296		officer in a municipal, county, or state penal institution in this
256	297		state who was killed in the line of duty, regardless of whether the
257	298		deceased complied with Section 552.024 or 552.1175;
258	299		(5) a commissioned security officer as defined by
259	300		Section 1702.002, Occupations Code, regardless of whether the
260	301		officer complies with Section 552.024 or 552.1175, as applicable;
261	302		(6) an officer or employee of a community supervision
262	303		and corrections department established under Chapter 76 who
263	304		performs a duty described by Section 76.004(b), regardless of
264	305		whether the officer or employee complies with Section 552.024 or
265	306		552.1175;
266	307		(7) a current or former employee of the office of the
267	308		attorney general who is or was assigned to a division of that office
268	309		the duties of which involve law enforcement, regardless of whether
269	310		the current or former employee complies with Section 552.024 or
270	311		552.1175;
271	312		(8) a current or former employee of the Texas Juvenile
272	313		Justice Department or of the predecessors in function of the
273	314		department, regardless of whether the current or former employee
274	315		complies with Section 552.024 or 552.1175;
275	316		(9) a current or former juvenile probation or
276	317		supervision officer certified by the Texas Juvenile Justice
277	318		Department, or the predecessors in function of the department,
278	319		under Title 12, Human Resources Code, regardless of whether the
279	320		current or former officer complies with Section 552.024 or
280	321		552.1175;
281	322		(10) a current or former employee of a juvenile
282	323		justice program or facility, as those terms are defined by Section
283	324		261.405, Family Code, regardless of whether the current or former
284	325		employee complies with Section 552.024 or 552.1175; [or]
285	326		(11) a current or former member of the Texas military
286	327		forces, as that term is defined by Section 437.001; or
287	328		(12) a current or former employee of the Texas Civil
288	329		Commitment Office or of the predecessor in function of the office or
289	330		a division of the office, regardless of whether the current or
290	331		former employee complies with Section 552.024 or 552.1175.
291		-	SECTION 13. The heading to Section 552.1175, Government
	332	+	SECTION 16. The heading to Section 552.1175, Government
292	333		Code, is amended to read as follows:
293	334		Sec. 552.1175. CONFIDENTIALITY OF CERTAIN PERSONAL
294	335		IDENTIFYING INFORMATION OF PEACE OFFICERS, COUNTY JAILERS,
295	336		SECURITY OFFICERS, EMPLOYEES OF CERTAIN STATE AGENCIES OR CERTAIN
296	337		CRIMINAL OR JUVENILE JUSTICE AGENCIES OR OFFICES, AND FEDERAL AND
297	338		STATE JUDGES.
298		-	SECTION 14. Section 552.1175(a), Government Code, is
	339	+	SECTION 17. Section 552.1175(a), Government Code, is
299	340		amended to read as follows:
300	341		(a) This section applies only to:
301	342		(1) peace officers as defined by Article 2.12, Code of
302	343		Criminal Procedure;
303	344		(2) county jailers as defined by Section 1701.001,
304	345		Occupations Code;
305	346		(3) current or former employees of the Texas
306	347		Department of Criminal Justice or of the predecessor in function of
307	348		the department or any division of the department;
308	349		(4) commissioned security officers as defined by
309	350		Section 1702.002, Occupations Code;
310	351		(5) employees of a district attorney, criminal
311	352		district attorney, or county or municipal attorney whose
312	353		jurisdiction includes any criminal law or child protective services
313	354		matters;
314	355		(6) officers and employees of a community supervision
315	356		and corrections department established under Chapter 76 who perform
316	357		a duty described by Section 76.004(b);
317	358		(7) criminal investigators of the United States as
318	359		described by Article 2.122(a), Code of Criminal Procedure;
319	360		(8) police officers and inspectors of the United
320	361		States Federal Protective Service;
321	362		(9) current and former employees of the office of the
322	363		attorney general who are or were assigned to a division of that
323	364		office the duties of which involve law enforcement;
324	365		(10) current or former juvenile probation and
325	366		detention officers certified by the Texas Juvenile Justice
326	367		Department, or the predecessors in function of the department,
327	368		under Title 12, Human Resources Code;
328	369		(11) current or former employees of a juvenile justice
329	370		program or facility, as those terms are defined by Section 261.405,
330	371		Family Code;
331	372		(12) current or former employees of the Texas Juvenile
332	373		Justice Department or the predecessors in function of the
333	374		department; [and]
334	375		(13) federal judges and state judges as defined by
335	376		Section 13.0021, Election Code; and
336	377		(14) current or former employees of the Texas Civil
337	378		Commitment Office or of the predecessor in function of the office or
338	379		a division of the office.
339		-	SECTION 15. Section 572.032(a-1), Government Code, is
	380	+	SECTION 18. Section 572.032(a-1), Government Code, is
340	381		amended to read as follows:
341	382		(a-1) Before permitting a member of the public to view a
342	383		financial statement filed under this subchapter or providing a copy
343	384		of the statement to a member of the public, the [The] commission
344	385		shall remove [the home address of a judge or justice] from the [a
345	386		financial] statement, if applicable, the home address of [filed
346	387		under this subchapter before]:
347	388		(1) a judge or justice [permitting a member of the
348	389		public to view the statement]; or
349	390		(2) a member of the governing board or executive head
350	391		of the Texas Civil Commitment Office [providing a copy of the
351	392		statement to a member of the public].
352		-	SECTION 16. ~~Sections~~ 841.082(a), ~~(d),~~ and ~~(e)~~, ~~Health and~~
353		-	~~Safety Code, are~~ amended to read as follows:
	393	+	SECTION 19. Section 841.082(a), Health and Safety Code, is
	394	+	amended to read as follows:
354	395		(a) Before entering an order directing a person's civil
355	396		commitment, the judge shall impose on the person requirements
356	397		necessary to ensure the person's compliance with treatment and
357	398		supervision and to protect the community. The requirements shall
358	399		include:
359	400		(1) requiring the person to reside where instructed by
360	401		the office;
361	402		(2) prohibiting the person's contact with a victim of
362	403		the person;
363	404		(3) requiring the person's participation in and
364	405		compliance with the sex offender treatment program provided by the
365	406		office and compliance with all written requirements imposed by the
366	407		office;
367		-	(4) requiring the person to submit to appropriate
368		-	supervision and:
369		-	(A) submit to tracking under a particular type of
370		-	tracking service, if the person:
371		-	(i) while residing at a civil commitment
372		-	center, leaves the center for any reason;
373		-	(ii) is in one of the two most restrictive
374		-	tiers of treatment, as determined by the office;
375		-	(iii) is on disciplinary status, as
376		-	determined by the office; or
377		-	(iv) resides in the community [and to any
378		-	other appropriate supervision]; and
379		-	(B) if required to submit to tracking under
380		-	Paragraph (A), refrain from tampering with, altering, modifying,
381		-	obstructing, removing, or manipulating the tracking equipment; and
	408	+	(4) requiring the person to[:
	409	+	[(A)] submit to tracking under a particular type
	410	+	of tracking service and to [any] other appropriate supervision[;]
	411	+	and to
	412	+	[(B)] refrain from tampering with, altering,
	413	+	modifying, obstructing, removing, or manipulating the tracking
	414	+	equipment, if the person:
	415	+	(A) while residing at a civil commitment center,
	416	+	leaves the center for any reason;
	417	+	(B) is in one of the two most restrictive tiers of
	418	+	treatment, as determined by the office;
	419	+	(C) is on disciplinary status, as determined by
	420	+	the office; or
	421	+	(D) resides in the community; and
382	422		(5) prohibiting the person from leaving the state
383	423		without prior authorization from the office.
384		-	(d) The committing court retains jurisdiction of the case
385		-	with respect to a proceeding conducted under this subchapter, other
386		-	than a criminal proceeding involving an offense under Section
387		-	841.085, or to a civil commitment proceeding conducted under
388		-	Subchapters F and G.
389		-	(e) The requirements imposed under Subsection (a) may be
390		-	modified by the committing court at any time after notice to each
391		-	affected party to the proceedings and a hearing.
392		-	SECTION 17. Section 841.0832(b), Health and Safety Code, is
	424	+	SECTION 20. Section 841.0832(b), Health and Safety Code, is
393	425		amended to read as follows:
394	426		(b) The office shall designate all or part of a facility
395	427		under Subsection (a) to serve as an intake and orientation facility
396	428		for committed persons on release from a secure correctional
397	429		facility.
398		-	SECTION 18. Section 841.0833, Health and Safety Code, is
	430	+	SECTION 21. Section 841.0833, Health and Safety Code, is
399	431		amended to read as follows:
400	432		Sec. 841.0833. SECURITY AND MONITORING; CONFIDENTIALITY.
401	433		(a) The office shall develop procedures for the security and
402	434		monitoring of committed persons in each programming tier.
403	435		(b) Information regarding the security and monitoring
404	436		procedures developed under Subsection (a) is confidential and not
405	437		subject to disclosure under Chapter 552, Government Code.
406		-	SECTION 19. Section 841.0834, Health and Safety Code, is
	438	+	SECTION 22. Section 841.0834, Health and Safety Code, is
407	439		amended by adding Subsection (e) to read as follows:
408	440		(e) A committed person who files a petition under this
409	441		section shall serve a copy of the petition on the office.
410		-	SECTION 20. Section 841.0836, Health and Safety Code, is
	442	+	SECTION 23. Section 841.0836, Health and Safety Code, is
411	443		amended to read as follows:
412	444		Sec. 841.0836. RELEASE FROM HOUSING. (a) A committed
413	445		person released from housing operated by or under contract with the
414	446		office shall be released to:
415	447		(1) the county in which the person was most recently
416	448		convicted of a sexually violent offense; or
417	449		(2) if the county described by Subdivision (1) does
418	450		not provide adequate opportunities for the person's treatment and
419	451		for the person's housing or other supervision, as determined by the
420	452		office, a county designated by the office.
421	453		(b) The office may require a committed person released to a
422	454		county under Subsection (a)(2) to change the person's residence to
423	455		the county described by Subsection (a)(1) if the office determines
424	456		that adequate opportunities for the person's treatment and for the
425	457		person's housing or other supervision become available in that
426	458		county.
427		-	SECTION 21. Subchapter E, Chapter 841, Health and Safety
	459	+	SECTION 24. Subchapter E, Chapter 841, Health and Safety
428	460		Code, is amended by adding Sections 841.0837 and 841.0838 to read as
429	461		follows:
430	462		Sec. 841.0837. EMERGENCY DETENTION ORDER. (a) In this
431	463		section, "peace officer" has the meaning assigned by Article 2.12,
432	464		Code of Criminal Procedure.
433	465		(b) For the purpose of returning a committed person to a
434	466		more restrictive setting following a transfer to less restrictive
435	467		housing and supervision under Section 841.0834 or a release under
436	468		Section 841.0836, the office may issue an emergency detention order
437	469		for the person's immediate apprehension and transportation to a
438	470		location designated by the office.
439	471		Sec. 841.0838. USE OF RESTRAINTS. (a) An employee of the
440	472		office, or a person who contracts with the office or an employee of
441	473		that person, may use mechanical or chemical restraints on a
442	474		committed person residing in a civil commitment center or while
443	475		transporting a committed person who resides at the center only if:
444	476		(1) the employee or person completes a training
445	477		program approved by the office on the use of restraints that:
446	478		(A) includes instruction on the office's
447	479		approved restraint techniques and devices and the office's verbal
448	480		de-escalation policies, procedures, and practices; and
449	481		(B) requires the employee or person to
450	482		demonstrate competency in the use of the restraint techniques and
451	483		devices; and
452	484		(2) the restraint is:
453	485		(A) used as a last resort;
454		-	(B) necessary to ~~stop or~~ prevent:
	486	+	(B) necessary to prevent:
455	487		(i) imminent physical injury to the
456	488		committed person or another;
457		-	(ii) threatening behavior by the committed
458		-	person while the person is using or exhibiting a weapon;
459		-	(iii) a disturbance by a group of committed
460		-	persons; or
461		-	(iv) an absconsion from the center; and
	489	+	(ii) serious property damage; or
	490	+	(iii) an escape from the center; and
462	491		(C) the least restrictive restraint necessary,
463		-	used for the minimum duration necessary, to ~~stop or~~ prevent the
464		-	~~injury, threatening behavior, disturbance~~, or ~~absconsion~~.
	492	+	used for the minimum duration necessary, to prevent the injury,
	493	+	property damage, or escape.
465	494		(b) The office shall develop procedures governing the use of
466	495		mechanical or chemical restraints on committed persons.
467		-	SECTION 22. Section 841.084(a), Health and Safety Code, is
	496	+	SECTION 25. Section 841.084(a), Health and Safety Code, is
468	497		amended to read as follows:
469	498		(a) Notwithstanding Section 841.146(c), a civilly committed
470	499		person who is not indigent:
471	500		(1) is responsible for the cost of:
472	501		(A) housing and treatment provided under this
473	502		chapter; [and]
474	503		(B) the tracking service required by Section
475	504		841.082; and
476	505		(C) repairs to or replacement of the tracking
477	506		equipment required by Section 841.082, if the person intentionally
478	507		caused the damage to or loss of the equipment, as determined by the
479	508		office; and
480	509		(2) [monthly] shall pay to the office:
481	510		(A) a monthly [the] amount that the office
482	511		determines will be necessary to defray the cost of providing the
483	512		housing, treatment, and service with respect to the person; and
484	513		(B) as directed by the office, any amount for
485	514		which the person is responsible under Subdivision (1)(C).
486		-	SECTION 23. Section 841.085, Health and Safety Code, is
487		-	amended by adding Subsection (c) to read as follows:
488		-	(c) On request of the local prosecuting attorney, the
489		-	special prosecution unit may assist in the trial of an offense under
490		-	this section.
491		-	SECTION 24. Section 841.151(c), Health and Safety Code, is
	515	+	SECTION 26. Section 841.151(c), Health and Safety Code, is
492	516		amended to read as follows:
493	517		(c) As soon as practicable before, but not [Not] later than
494	518		the third business day preceding, the date a correctional facility,
495	519		secure correctional facility, or secure detention facility
496	520		releases a person who, at the time of the person's detention or
497	521		confinement, was civilly committed under this chapter as a sexually
498	522		violent predator, the facility shall notify the office and the
499	523		person's case manager in writing of the anticipated date and time of
500	524		the person's release.
501		-	SECTION 25. Subchapter H, Chapter 841, Health and Safety
502		-	Code, is amended by adding Sections 841.152 and 841.~~153 to read as~~
503		-	follows:
	525	+	SECTION 27. Subchapter H, Chapter 841, Health and Safety
	526	+	Code, is amended by adding Sections 841.152, 841.153, and 841.154
	527	+	to read as follows:
504	528		Sec. 841.152. CERTAIN HEARINGS BY CLOSED-CIRCUIT VIDEO
505	529		TELECONFERENCING PERMITTED. (a) Notwithstanding Section
506	530		841.103(c), on motion by the attorney representing the state, the
507	531		court shall require a committed person to appear via closed-circuit
508	532		video teleconferencing at a hearing on the modification of civil
509	533		commitment requirements under Section 841.082 or a hearing under
510	534		Subchapter F or G.
511	535		(b) A recording of a hearing conducted as provided by
512	536		Subsection (a) shall be made and preserved with the court's record
513	537		of the hearing.
514	538		Sec. 841.153. STATE-ISSUED IDENTIFICATION; NECESSARY
515	539		DOCUMENTATION. (a) On the release of a committed person from a
516	540		correctional facility, secure correctional facility, or secure
517	541		detention facility, as those terms are defined by Section 841.151,
518	542		the office shall:
519	543		(1) determine whether the person has:
520	544		(A) a valid license issued under Chapter 521 or
521	545		522, Transportation Code; or
522	546		(B) a valid personal identification certificate
523	547		issued under Chapter 521, Transportation Code; and
524	548		(2) if the person does not have a valid license or
525	549		certificate described by Subdivision (1), submit to the Department
526	550		of Public Safety on behalf of the person a request for the issuance
527	551		of a personal identification certificate under Chapter 521,
528	552		Transportation Code.
529	553		(b) The office shall submit a request under Subsection
530	554		(a)(2) as soon as practicable.
531	555		(c) The office, the Department of Public Safety, and the
532		-	vital statistics unit of the Department of State Health Services
533		-	shall adopt a memorandum of understanding that establishes ~~their~~
534		-	respective responsibilities with respect to the issuance of a
	556	+	vital statistics unit of the Department of State Health Services by
	557	+	rule shall adopt a memorandum of understanding that establishes
	558	+	their respective responsibilities with respect to the issuance of a
535	559		personal identification certificate to a committed person,
536	560		including responsibilities related to verification of the person's
537	561		identity. The memorandum of understanding must require the
538	562		Department of State Health Services to electronically verify the
539	563		birth record of a committed person whose name and any other personal
540	564		information is provided by the office and to electronically report
541	565		the recorded filing information to the Department of Public Safety
542	566		to validate the identity of a committed person under this section.
543	567		(d) The office shall reimburse the Department of Public
544	568		Safety or the Department of State Health Services, as applicable,
545	569		for the actual costs incurred by those agencies in performing
546	570		responsibilities established under this section. The office may
547	571		charge a committed person for the actual costs incurred under this
548	572		section or for the fees required by Section 521.421, Transportation
549	573		Code.
550		-	SECTION 26. Section 1.07(a), Penal Code, is amended by
	574	+	Sec. 841.154. RISK ASSESSMENT BEFORE RELEASE FROM
	575	+	COMMITMENT. A court that orders a committed person to be released
	576	+	from civil commitment shall:
	577	+	(1) make a determination of the person's numeric risk
	578	+	level using the sex offender screening tool developed or selected
	579	+	under Article 62.007, Code of Criminal Procedure; and
	580	+	(2) ensure compliance with the notification and
	581	+	registration requirements of Chapter 62, Code of Criminal
	582	+	Procedure.
	583	+	SECTION 28. Section 1.07(a), Penal Code, is amended by
551	584		adding Subdivision (8-a) to read as follows:
552	585		(8-a) "Civil commitment facility" means a facility
553	586		owned, leased, or operated by the state, or by a vendor under
554	587		contract with the state, that houses only persons who have been
555	588		civilly committed as sexually violent predators under Chapter 841,
556	589		Health and Safety Code.
557		-	SECTION 27. Section 22.01, Penal Code, is amended by
	590	+	SECTION 29. Section 22.01, Penal Code, is amended by
558	591		amending Subsections (b-1) and (f) and adding Subsection (b-2) to
559	592		read as follows:
560	593		(b-1) Notwithstanding Subsection (b), an offense under
561	594		Subsection (a)(1) is a felony of the third degree if the offense is
562	595		committed:
563	596		(1) while the actor is committed to a civil commitment
564	597		facility; and
565	598		(2) against:
566	599		(A) an officer or employee of the Texas Civil
567	600		Commitment Office:
568	601		(i) while the officer or employee is
569	602		lawfully discharging an official duty at a civil commitment
570	603		facility; or
571	604		(ii) in retaliation for or on account of an
572	605		exercise of official power or performance of an official duty by the
573	606		officer or employee; or
574	607		(B) a person who contracts with the state to
575	608		perform a service in a civil commitment facility or an employee of
576	609		that person:
577	610		(i) while the person or employee is engaged
578	611		in performing a service within the scope of the contract, if the
579	612		actor knows the person or employee is authorized by the state to
580	613		provide the service; or
581	614		(ii) in retaliation for or on account of the
582	615		person's or employee's performance of a service within the scope of
583	616		the contract.
584	617		(b-2) Notwithstanding Subsection (b)(2), an offense under
585	618		Subsection (a)(1) is a felony of the second degree if:
586	619		(1) the offense is committed against a person whose
587	620		relationship to or association with the defendant is described by
588	621		Section 71.0021(b), 71.003, or 71.005, Family Code;
589	622		(2) it is shown on the trial of the offense that the
590	623		defendant has been previously convicted of an offense under this
591	624		chapter, Chapter 19, or Section 20.03, 20.04, or 21.11 against a
592	625		person whose relationship to or association with the defendant is
593	626		described by Section 71.0021(b), 71.003, or 71.005, Family Code;
594	627		and
595	628		(3) the offense is committed by intentionally,
596	629		knowingly, or recklessly impeding the normal breathing or
597	630		circulation of the blood of the person by applying pressure to the
598	631		person's throat or neck or by blocking the person's nose or mouth.
599	632		(f) For the purposes of Subsections (b)(2)(A) and (b-2)(2)
600	633		[(b-1)(2)]:
601	634		(1) a defendant has been previously convicted of an
602	635		offense listed in those subsections committed against a person
603	636		whose relationship to or association with the defendant is
604	637		described by Section 71.0021(b), 71.003, or 71.005, Family Code, if
605	638		the defendant was adjudged guilty of the offense or entered a plea
606	639		of guilty or nolo contendere in return for a grant of deferred
607	640		adjudication, regardless of whether the sentence for the offense
608	641		was ever imposed or whether the sentence was probated and the
609	642		defendant was subsequently discharged from community supervision;
610	643		and
611	644		(2) a conviction under the laws of another state for an
612	645		offense containing elements that are substantially similar to the
613	646		elements of an offense listed in those subsections is a conviction
614	647		of the offense listed.
615		-	SECTION 28. The heading to Section 22.11, Penal Code, is
	648	+	SECTION 30. The heading to Section 22.11, Penal Code, is
616	649		amended to read as follows:
617	650		Sec. 22.11. HARASSMENT BY PERSONS IN CERTAIN [CORRECTIONAL]
618	651		FACILITIES; HARASSMENT OF PUBLIC SERVANT.
619		-	SECTION 29. Sections 22.11(a) and (e), Penal Code, are
	652	+	SECTION 31. Sections 22.11(a) and (e), Penal Code, are
620	653		amended to read as follows:
621	654		(a) A person commits an offense if, with the intent to
622	655		assault, harass, or alarm, the person:
623	656		(1) while imprisoned or confined in a correctional or
624	657		detention facility, causes another person to contact the blood,
625	658		seminal fluid, vaginal fluid, saliva, urine, or feces of the actor,
626	659		any other person, or an animal; [or]
627	660		(2) while committed to a civil commitment facility,
628	661		causes:
629	662		(A) an officer or employee of the Texas Civil
630	663		Commitment Office to contact the blood, seminal fluid, vaginal
631	664		fluid, saliva, urine, or feces of the actor, any other person, or an
632	665		animal:
633	666		(i) while the officer or employee is
634	667		lawfully discharging an official duty at a civil commitment
635	668		facility; or
636	669		(ii) in retaliation for or on account of an
637	670		exercise of official power or performance of an official duty by the
638	671		officer or employee; or
639	672		(B) a person who contracts with the state to
640	673		perform a service in the facility or an employee of that person to
641	674		contact the blood, seminal fluid, vaginal fluid, saliva, urine, or
642	675		feces of the actor, any other person, or an animal:
643	676		(i) while the person or employee is engaged
644	677		in performing a service within the scope of the contract, if the
645	678		actor knows the person or employee is authorized by the state to
646	679		provide the service; or
647	680		(ii) in retaliation for or on account of the
648	681		person's or employee's performance of a service within the scope of
649	682		the contract; or
650	683		(3) causes another person the actor knows to be a
651	684		public servant to contact the blood, seminal fluid, vaginal fluid,
652	685		saliva, urine, or feces of the actor, any other person, or an animal
653	686		while the public servant is lawfully discharging an official duty
654	687		or in retaliation or on account of an exercise of the public
655	688		servant's official power or performance of an official duty.
656	689		(e) For purposes of Subsection (a)(3) [(a)(2)], the actor is
657	690		presumed to have known the person was a public servant if the person
658	691		was wearing a distinctive uniform or badge indicating the person's
659	692		employment as a public servant.
660		-	SECTION 30. The heading to Section 38.11, Penal Code, is
	693	+	SECTION 32. The heading to Section 38.11, Penal Code, is
661	694		amended to read as follows:
662	695		Sec. 38.11. PROHIBITED SUBSTANCES AND ITEMS IN CORRECTIONAL
663	696		OR CIVIL COMMITMENT FACILITY.
664		-	SECTION 31. Sections 38.11(a), (b), (c), (d), (e), and (i),
	697	+	SECTION 33. Sections 38.11(a), (b), (c), (d), (e), and (i),
665	698		Penal Code, are amended to read as follows:
666	699		(a) A person commits an offense if the person provides, or
667	700		possesses with the intent to provide:
668	701		(1) an alcoholic beverage, controlled substance, or
669	702		dangerous drug to a person in the custody of a correctional facility
670	703		or civil commitment facility, except on the prescription of a
671	704		practitioner;
672	705		(2) a deadly weapon to a person in the custody of a
673		-	correctional facility ~~or civil commitment facility~~;
	706	+	correctional facility;
674	707		(3) a cellular telephone or other wireless
675	708		communications device or a component of one of those devices to a
676	709		person in the custody of a correctional facility;
677	710		(4) money to a person confined in a correctional
678	711		facility; or
679	712		(5) a cigarette or tobacco product to a person
680	713		confined in a correctional facility, except that if the facility is
681	714		a local jail regulated by the Commission on Jail Standards, the
682	715		person commits an offense only if providing the cigarette or
683	716		tobacco product violates a rule or regulation adopted by the
684	717		sheriff or jail administrator that:
685	718		(A) prohibits the possession of a cigarette or
686	719		tobacco product by a person confined in the jail; or
687	720		(B) places restrictions on:
688	721		(i) the possession of a cigarette or
689	722		tobacco product by a person confined in the jail; or
690	723		(ii) the manner in which a cigarette or
691	724		tobacco product may be provided to a person confined in the jail.
692	725		(b) A person commits an offense if the person takes an
693	726		alcoholic beverage, controlled substance, or dangerous drug into a
694	727		correctional facility or civil commitment facility.
695	728		(c) A person commits an offense if the person takes a
696	729		controlled substance or dangerous drug on property owned, used, or
697	730		controlled by a correctional facility or civil commitment facility.
698	731		(d) A person commits an offense if the person:
699	732		(1) possesses a controlled substance or dangerous drug
700	733		while in a correctional facility or civil commitment facility or on
701	734		property owned, used, or controlled by a correctional facility or
702	735		civil commitment facility; or
703	736		(2) possesses a deadly weapon while in a correctional
704		-	~~facility or civil commitment~~ facility.
	737	+	facility.
705	738		(e) It is an affirmative defense to prosecution under
706	739		Subsection (b), (c), or (d)(1) that the person possessed the
707	740		alcoholic beverage, controlled substance, or dangerous drug
708	741		pursuant to a prescription issued by a practitioner or while
709	742		delivering the beverage, substance, or drug to a warehouse,
710	743		pharmacy, or practitioner on property owned, used, or controlled by
711	744		the correctional facility or civil commitment facility. It is an
712	745		affirmative defense to prosecution under Subsection (d)(2) that the
713	746		person possessing the deadly weapon is a peace officer or is an
714		-	officer or employee of the correctional facility or civil
715		-	commitment facility who is authorized to possess the deadly weapon
716		-	while on duty or traveling to or from the person's place of
717		-	assignment.
	747	+	officer or employee of the correctional facility who is authorized
	748	+	to possess the deadly weapon while on duty or traveling to or from
	749	+	the person's place of assignment.
718	750		(i) It is an affirmative defense to prosecution under
719	751		Subsection (b) that the actor:
720	752		(1) is a duly authorized member of the clergy with
721	753		rights and privileges granted by an ordaining authority that
722	754		includes administration of a religious ritual or ceremony requiring
723	755		the presence or consumption of an alcoholic beverage; and
724	756		(2) takes four ounces or less of an alcoholic beverage
725	757		into a [the] correctional facility and personally consumes all of
726	758		the alcoholic beverage or departs from the facility with any
727	759		portion of the beverage not consumed.
728		-	SECTION 32. Section 46.035(b), Penal Code, is amended to
	760	+	SECTION 34. Section 46.035(b), Penal Code, is amended to
729	761		read as follows:
730	762		(b) A license holder commits an offense if the license
731	763		holder intentionally, knowingly, or recklessly carries a handgun
732	764		under the authority of Subchapter H, Chapter 411, Government Code,
733	765		regardless of whether the handgun is concealed or carried in a
734	766		shoulder or belt holster, on or about the license holder's person:
735	767		(1) on the premises of a business that has a permit or
736	768		license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
737	769		Beverage Code, if the business derives 51 percent or more of its
738	770		income from the sale or service of alcoholic beverages for
739	771		on-premises consumption, as determined by the Texas Alcoholic
740	772		Beverage Commission under Section 104.06, Alcoholic Beverage Code;
741	773		(2) on the premises where a high school, collegiate,
742	774		or professional sporting event or interscholastic event is taking
743	775		place, unless the license holder is a participant in the event and a
744	776		handgun is used in the event;
745	777		(3) on the premises of a correctional facility;
746	778		(4) on the premises of a hospital licensed under
747	779		Chapter 241, Health and Safety Code, or on the premises of a nursing
748	780		facility licensed under Chapter 242, Health and Safety Code, unless
749	781		the license holder has written authorization of the hospital or
750	782		nursing facility administration, as appropriate;
751	783		(5) in an amusement park; [or]
752	784		(6) on the premises of a church, synagogue, or other
753	785		established place of religious worship; or
754	786		(7) on the premises of a civil commitment facility.
755		-	SECTION 33. Section 25.025(a), Tax Code, is amended to read
	787	+	SECTION 35. Section 25.025(a), Tax Code, is amended to read
756	788		as follows:
757	789		(a) This section applies only to:
758	790		(1) a current or former peace officer as defined by
759	791		Article 2.12, Code of Criminal Procedure;
760	792		(2) a county jailer as defined by Section 1701.001,
761	793		Occupations Code;
762	794		(3) an employee of the Texas Department of Criminal
763	795		Justice;
764	796		(4) a commissioned security officer as defined by
765	797		Section 1702.002, Occupations Code;
766	798		(5) a victim of family violence as defined by Section
767	799		71.004, Family Code, if as a result of the act of family violence
768	800		against the victim, the actor is convicted of a felony or a Class A
769	801		misdemeanor;
770	802		(6) a federal judge, a state judge, or the spouse of a
771	803		federal judge or state judge;
772	804		(7) a current or former employee of a district
773	805		attorney, criminal district attorney, or county or municipal
774	806		attorney whose jurisdiction includes any criminal law or child
775	807		protective services matters;
776	808		(8) an officer or employee of a community supervision
777	809		and corrections department established under Chapter 76,
778	810		Government Code, who performs a duty described by Section 76.004(b)
779	811		of that code;
780	812		(9) a criminal investigator of the United States as
781	813		described by Article 2.122(a), Code of Criminal Procedure;
782	814		(10) a police officer or inspector of the United
783	815		States Federal Protective Service;
784	816		(11) a current or former United States attorney or
785	817		assistant United States attorney and the spouse and child of the
786	818		attorney;
787	819		(12) a current or former employee of the office of the
788	820		attorney general who is or was assigned to a division of that office
789	821		the duties of which involve law enforcement;
790	822		(13) a medical examiner or person who performs
791	823		forensic analysis or testing who is employed by this state or one or
792	824		more political subdivisions of this state;
793	825		(14) a current or former member of the United States
794	826		armed forces who has served in an area that the president of the
795	827		United States by executive order designates for purposes of 26
796	828		U.S.C. Section 112 as an area in which armed forces of the United
797	829		States are or have engaged in combat;
798	830		(15) a current or former employee of the Texas
799	831		Juvenile Justice Department or of the predecessors in function of
800	832		the department;
801	833		(16) a current or former juvenile probation or
802	834		supervision officer certified by the Texas Juvenile Justice
803	835		Department, or the predecessors in function of the department,
804	836		under Title 12, Human Resources Code; [and]
805	837		(17) a current or former employee of a juvenile
806	838		justice program or facility, as those terms are defined by Section
807	839		261.405, Family Code; and
808	840		(18) a current or former employee of the Texas Civil
809	841		Commitment Office or of the predecessor in function of the office or
810	842		a division of the office.
811		-	SECTION 34. Section 521.101(h), Transportation Code, is
	843	+	SECTION 36. Section 521.101(h), Transportation Code, is
812	844		amended to read as follows:
813	845		(h) The department shall automatically revoke each personal
814	846		identification certificate issued by the department to a person
815	847		who:
816	848		(1) is subject to the registration requirements of
817	849		Chapter 62, Code of Criminal Procedure; and
818	850		(2) fails to apply to the department for renewal of the
819	851		personal identification certificate as required by Article 62.060
820	852		or 62.2021, Code of Criminal Procedure, as applicable.
821		-	SECTION 35. Section 521.103(b), Transportation Code, is
822		-	amended to read as follows:
823		-	(b) A personal identification certificate issued under this
824		-	section, including a renewal, duplicate, or corrected certificate,
825		-	expires on the first birthday of the certificate holder occurring
826		-	after the date of application, except that:
827		-	(1) the initial certificate issued under this section
828		-	expires on the second birthday of the certificate holder occurring
829		-	after the date of application, subject to Subdivision (2); and
830		-	(2) a certificate issued under this section to a
831		-	person described by Article 62.2021, Code of Criminal Procedure,
832		-	expires on the sixth anniversary of the date on which the
833		-	certificate was issued.
834		-	SECTION 36. Section 521.272(c), Transportation Code, is
	853	+	SECTION 37. Section 521.103, Transportation Code, is
	854	+	amended by amending Subsection (b) and adding Subsections (b-1) and
	855	+	(b-2) to read as follows:
	856	+	(b) Except as otherwise provided by this section, a [A]
	857	+	personal identification certificate issued under this section,
	858	+	including a renewal, duplicate, or corrected certificate, expires
	859	+	on the first birthday of the certificate holder occurring after the
	860	+	date of application.
	861	+	(b-1) The [, except that the] initial personal
	862	+	identification certificate issued under this section expires on the
	863	+	second birthday of the certificate holder occurring after the date
	864	+	of application.
	865	+	(b-2) A personal identification certificate issued under
	866	+	this section to a person described by Article 62.2021, Code of
	867	+	Criminal Procedure, expires on the seventh birthday of the
	868	+	certificate holder occurring after the date of application.
	869	+	SECTION 38. Section 521.272(c), Transportation Code, is
835	870		amended to read as follows:
836	871		(c) Notwithstanding Sections 521.271 and 521.2711, a
837	872		driver's license issued under this section, including a renewal,
838	873		duplicate, or corrected license, expires:
839	874		(1) if the license holder is a citizen, national, or
840	875		legal permanent resident of the United States or a refugee or asylee
841	876		lawfully admitted into the United States, on the first birthday of
842	877		the license holder occurring after the date of application, except
843	878		that:
844	879		(A) the initial license issued under this section
845	880		expires on the second birthday of the license holder occurring
846		-	after the date of application~~, subject to Paragraph (B)~~; ~~and [~~or]
	881	+	after the date of application; or
847	882		(B) a license issued under this section to a
848	883		person described by Article 62.2021, Code of Criminal Procedure,
849		-	expires on the ~~sixth anniversary~~ of the ~~date on which the license~~
850		-	~~was issued~~; or
	884	+	expires on the seventh birthday of the license holder occurring
	885	+	after the date of application; or
851	886		(2) if the applicant is not described by Subdivision
852	887		(1), on the earlier of:
853	888		(A) the expiration date of the applicant's
854	889		authorized stay in the United States; or
855	890		(B) as applicable:
856	891		(i) the first birthday of the license
857	892		holder occurring after the date of application;
858	893		(ii) if the license holder holds an initial
859	894		license issued under this section, [except that the initial license
860	895		issued under this section expires on] the second birthday of the
861	896		license holder occurring after the date of application; or
862	897		(iii) if the license holder is a person
863		-	described by Article 62.2021, Code of Criminal Procedure, the sixth
864		-	anniversary of the date on which the license was issued.
865		-	SECTION 37. Section 521.348(a), Transportation Code, is
	898	+	described by Article 62.2021, Code of Criminal Procedure, the
	899	+	seventh birthday of the license holder occurring after the date of
	900	+	application.
	901	+	SECTION 39. Section 521.348(a), Transportation Code, is
866	902		amended to read as follows:
867	903		(a) A driver's license is automatically revoked if the
868	904		holder of the license:
869	905		(1) is subject to the registration requirements of
870	906		Chapter 62, Code of Criminal Procedure; and
871	907		(2) fails to apply to the department for renewal of the
872	908		license as required by Article 62.060 or 62.2021, Code of Criminal
873	909		Procedure, as applicable.
874		-	SECTION 38. Section 521.421(a-1), Transportation Code, is
	910	+	SECTION 40. Section 521.421(a-1), Transportation Code, is
875	911		amended to read as follows:
876	912		(a-1) The fee for a personal identification certificate
877	913		issued under Section 501.0165, Government Code, or Section 841.153,
878	914		Health and Safety Code, is $5.
879		-	SECTION 39. Section 522.033(b), Transportation Code, is
	915	+	SECTION 41. Section 522.033(b), Transportation Code, is
880	916		amended to read as follows:
881	917		(b) Notwithstanding Sections 522.013 and 522.051, a
882	918		commercial driver's license issued under this section, including a
883	919		renewal, duplicate, or corrected license, expires on the first
884	920		birthday of the license holder occurring after the date of
885	921		application, except that:
886	922		(1) the initial license issued under this section
887	923		expires on the second birthday of the license holder occurring
888		-	after the date of application~~, subject to Subdivision (2)~~; ~~and~~
	924	+	after the date of application; or
889	925		(2) a license issued under this section to a person
890	926		described by Article 62.2021, Code of Criminal Procedure, expires
891		-	on the fifth anniversary of the date on which the license was
892		-	issued.
893		-	SECTION 40. The following provisions are repealed:
894		-	(1) Sections 420A.009(b) and (c), Government Code; and
895		-	(2) Section 841.141(b), Health and Safety Code.
896		-	SECTION 41. Article 17.03, Code of Criminal Procedure, as
	927	+	on the seventh birthday of the license holder occurring after the
	928	+	date of expiration.
	929	+	SECTION 42. Sections 420A.009(b) and (c), Government Code,
	930	+	are repealed.
	931	+	SECTION 43. Article 17.03, Code of Criminal Procedure, as
897	932		amended by this Act, applies only to a personal bond that is
898	933		executed on or after the effective date of this Act. A personal
899	934		bond executed before the effective date of this Act is governed by
900	935		the law in effect when the personal bond was executed, and the
901	936		former law is continued in effect for that purpose.
902		-	SECTION 42. Chapter 62, Code of Criminal Procedure, as
	937	+	SECTION 44. Chapter 62, Code of Criminal Procedure, as
903	938		amended by this Act, applies to any person who, on or after the
904	939		effective date of this Act, is required to register under that
905	940		chapter, regardless of whether the offense or conduct for which the
906	941		person is required to register occurs before, on, or after the
907	942		effective date of this Act.
908		-	SECTION 43. Sections 552.117(a) and 552.1175(a),
	943	+	SECTION 45. Sections 552.117(a) and 552.1175(a),
909	944		Government Code, and Section 25.025(a), Tax Code, as amended by
910	945		this Act, apply only to a request for information that is received
911	946		by a governmental body or an officer for public information on or
912	947		after the effective date of this Act. A request for information
913	948		that was received before the effective date of this Act is governed
914	949		by the law in effect on the date the request was received, and the
915	950		former law is continued in effect for that purpose.
916		-	SECTION 44. If a civil commitment requirement imposed under
	951	+	SECTION 46. If a civil commitment requirement imposed under
917	952		Chapter 841, Health and Safety Code, before the effective date of
918	953		this Act differs from any of the civil commitment requirements
919	954		listed in Section 841.082, Health and Safety Code, as amended by
920	955		this Act, the applicable court with jurisdiction over the committed
921		-	person shall, after notice and hearing ~~by submission~~, modify the
922		-	~~requirement~~ imposed as applicable to conform to that section.
923		-	SECTION 45. Section 841.0834(e), Health and Safety Code, as
	956	+	person shall, after notice and hearing, modify the requirement
	957	+	imposed as applicable to conform to that section.
	958	+	SECTION 47. Section 841.0834(e), Health and Safety Code, as
924	959		added by this Act, applies only to a petition filed on or after the
925	960		effective date of this Act. A petition filed before the effective
926	961		date of this Act is governed by the law in effect when the petition
927	962		was filed, and the former law is continued in effect for that
928	963		purpose.
929		-	SECTION 46. Sections 22.01, 22.11, 38.11, and 46.035, Penal
	964	+	SECTION 48. Sections 22.01, 22.11, 38.11, and 46.035, Penal
930	965		Code, as amended by this Act, apply only to an offense committed on
931	966		or after the effective date of this Act. An offense committed
932	967		before the effective date of this Act is governed by the law in
933	968		effect on the date the offense was committed, and the former law is
934	969		continued in effect for that purpose. For purposes of this section,
935	970		an offense was committed before the effective date of this Act if
936	971		any element of the offense occurred before that date.
937		-	SECTION 47. The members of the board of the Texas Civil
	972	+	SECTION 49. The members of the board of the Texas Civil
938	973		Commitment Office serving on the effective date of this Act may draw
939	974		lots or use another method to determine the members who shall serve
940	975		terms that expire as provided by Section 420A.002(c), Government
941	976		Code, as amended by this Act, in 2019, 2021, or 2023, respectively.
942	977		The members of the board appointed to succeed the members serving on
943	978		the effective date of this Act shall serve six-year terms.
944		-	SECTION 48. This Act takes effect September 1, 2017.
	979	+	SECTION 50. This Act takes effect September 1, 2017.