2 | 5 | | |
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3 | 6 | | |
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4 | 7 | | A BILL TO BE ENTITLED |
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5 | 8 | | AN ACT |
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6 | 9 | | relating to the assumption of the powers and duties relating to |
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7 | 10 | | driver's licenses, personal identification certificates, and other |
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8 | 11 | | related programs, powers, and duties by the Texas Department of |
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9 | 12 | | Motor Vehicles. |
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10 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 14 | | SECTION 1. Section 192.005, Transportation Code, is amended |
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12 | 15 | | to read as follows: |
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13 | 16 | | Sec. 192.005. RECORD OF ACCIDENT OR VIOLATION. If a person |
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14 | 17 | | operating a railroad locomotive or train is involved in an accident |
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15 | 18 | | with another train or a motor vehicle or is arrested for violation |
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16 | 19 | | of a law relating to the person's operation of a railroad locomotive |
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17 | 20 | | or train: |
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18 | 21 | | (1) the number of or other identifying information on |
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19 | 22 | | the person's driver's license or commercial driver's license may not |
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20 | 23 | | be included in any report of the accident or violation; and |
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21 | 24 | | (2) the person's involvement in the accident or |
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22 | 25 | | violation may not be recorded in the person's individual driving |
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23 | 26 | | record maintained by the Texas Department of Motor Vehicles [Public |
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24 | 27 | | Safety]. |
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25 | 28 | | SECTION 2. Section 201.806(b), Transportation Code, is |
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26 | 29 | | amended to read as follows: |
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27 | 30 | | (b) The department shall provide electronic access to the |
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28 | 31 | | system containing the accident reports so that the Texas Department |
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29 | 32 | | of Motor Vehicles [Public Safety] can perform its duties, including |
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30 | 33 | | the duty to make timely entries on driver records. |
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31 | 34 | | SECTION 3. Sections 502.357(b), (c), and (d), |
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32 | 35 | | Transportation Code, are amended to read as follows: |
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33 | 36 | | (b) Fees collected under this section shall be deposited to |
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34 | 37 | | the credit of the state highway fund except that the comptroller |
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35 | 38 | | shall provide for a portion of the fees to be deposited first to the |
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36 | 39 | | credit of a special fund in the state treasury outside the general |
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37 | 40 | | revenue fund to be known as the TexasSure Fund in a total amount |
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38 | 41 | | that is necessary to cover the total amount appropriated to the |
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39 | 42 | | Texas Department of Insurance from that fund and for the remaining |
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40 | 43 | | fees to be deposited to the state highway fund. Subject to |
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41 | 44 | | appropriations, the money deposited to the credit of the state |
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42 | 45 | | highway fund under this section may be used by the department |
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43 | 46 | | [Department of Public Safety] to: |
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44 | 47 | | (1) support the department's [Department of Public |
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45 | 48 | | Safety's] reengineering of the driver's license system to provide |
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46 | 49 | | for the issuance by the department [Department of Public Safety] of |
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47 | 50 | | a driver's license or personal identification certificate, to |
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48 | 51 | | include use of image comparison technology; |
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49 | 52 | | (2) establish and maintain a system to support the |
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50 | 53 | | driver responsibility program under Chapter 708; and |
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51 | 54 | | (3) make lease payments to the master lease purchase |
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52 | 55 | | program for the financing of the driver's license reengineering |
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53 | 56 | | project. |
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54 | 57 | | (c) Subject to appropriation, fees collected under this |
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55 | 58 | | section may be used by the [Department of Public Safety, the] Texas |
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56 | 59 | | Department of Insurance, the Department of Information Resources, |
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57 | 60 | | and the department to carry out Subchapter N, Chapter 601. |
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58 | 61 | | (d) The [Department of Public Safety, the] Texas Department |
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59 | 62 | | of Insurance, the Department of Information Resources, and the |
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60 | 63 | | department shall jointly adopt rules and develop forms necessary to |
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61 | 64 | | administer this section. |
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62 | 65 | | SECTION 4. Sections 521.001(a)(1-a) and (2), |
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63 | 66 | | Transportation Code, are amended to read as follows: |
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64 | 67 | | (1-a) "Department" means the Texas Department of Motor |
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65 | 68 | | Vehicles [Public Safety]. |
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66 | 69 | | (2) "Director" means the executive [public safety] |
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67 | 70 | | director of the department. |
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68 | 71 | | SECTION 5. Section 521.001(c), Transportation Code, is |
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69 | 72 | | amended to read as follows: |
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70 | 73 | | (c) The department by rule may define types of vehicles that |
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71 | 74 | | are "motorcycles" for the purposes of this chapter, in addition to |
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72 | 75 | | those defined under Subsection (a)(6-a), and[. The Texas |
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73 | 76 | | Department of Motor Vehicles by rule may define the types of |
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74 | 77 | | vehicles that are "motorcycles"] for the purposes of Chapters 501, |
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75 | 78 | | 502, and 503. This subsection applies only to vehicles |
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76 | 79 | | manufactured by a manufacturer licensed under Chapter 2301, |
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77 | 80 | | Occupations Code. |
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78 | 81 | | SECTION 6. Subchapter C, Chapter 521, Transportation Code, |
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79 | 82 | | is amended by adding Section 521.064 to read as follows: |
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80 | 83 | | Sec. 521.064. REPRODUCTION OF RECORDS. (a) Except as |
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81 | 84 | | provided by Subsection (b), the department may photograph, |
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82 | 85 | | microphotograph, or film any record in connection with the issuance |
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83 | 86 | | of a driver's license or commercial driver's license. |
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84 | 87 | | (b) An original fingerprint card may not be photographed or |
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85 | 88 | | filmed to dispose of the original record. |
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86 | 89 | | (c) The department may create original records in |
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87 | 90 | | micrographic form on media, such as computer output microfilm. |
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88 | 91 | | (d) A photograph, microphotograph, or film of a record |
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89 | 92 | | reproduced under Subsection (a) is equivalent to the original |
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90 | 93 | | record for all purposes, including introduction as evidence in all |
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91 | 94 | | courts and administrative agency proceedings. A certified or |
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92 | 95 | | authenticated copy of such a photograph, microphotograph, or film |
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93 | 96 | | is admissible as evidence equally with the original photograph, |
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94 | 97 | | microphotograph, or film. |
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95 | 98 | | (e) The director or an authorized representative may |
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96 | 99 | | certify the authenticity of a photograph, microphotograph, or film |
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97 | 100 | | of a record reproduced under this section and shall charge a fee for |
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98 | 101 | | the certified photograph, microphotograph, or film as provided by |
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99 | 102 | | law. |
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100 | 103 | | (f) Certified records shall be furnished to any person who |
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101 | 104 | | is authorized by law to receive them. |
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102 | 105 | | SECTION 7. Section 521.103, Transportation Code, is amended |
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103 | 106 | | by adding Subsection (d) to read as follows: |
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111 | 114 | | SECTION 8. Section 521.247, Transportation Code, is amended |
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112 | 115 | | to read as follows: |
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113 | 116 | | Sec. 521.247. APPROVAL OF IGNITION INTERLOCK DEVICES BY |
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114 | 117 | | DEPARTMENT OF PUBLIC SAFETY. (a) The Department of Public Safety |
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115 | 118 | | [department] shall adopt rules for the approval of ignition |
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116 | 119 | | interlock devices used under this subchapter. |
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117 | 120 | | (b) The Department of Public Safety [department] by rule |
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118 | 121 | | shall establish general standards for the calibration and |
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119 | 122 | | maintenance of the devices. The manufacturer or an authorized |
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120 | 123 | | representative of the manufacturer is responsible for calibrating |
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121 | 124 | | and maintaining the device. |
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122 | 125 | | (c) If the Department of Public Safety [department] |
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123 | 126 | | approves a device, the Department of Public Safety [department] |
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124 | 127 | | shall notify the manufacturer of that approval in writing. Written |
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125 | 128 | | notice from the Department of Public Safety [department] to a |
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126 | 129 | | manufacturer is admissible in a civil or criminal proceeding in |
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127 | 130 | | this state. The manufacturer shall reimburse the Department of |
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128 | 131 | | Public Safety [department] for any cost incurred by the Department |
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129 | 132 | | of Public Safety [department] in approving the device. |
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130 | 133 | | (d) The Department of Public Safety [department] is not |
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131 | 134 | | liable in a civil or criminal proceeding that arises from the use of |
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132 | 135 | | an approved device. |
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133 | 136 | | SECTION 9. Section 521.2475, Transportation Code, is |
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134 | 137 | | amended to read as follows: |
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135 | 138 | | Sec. 521.2475. IGNITION INTERLOCK DEVICE EVALUATION. (a) |
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136 | 139 | | On January 1 of each year, the Department of Public Safety |
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137 | 140 | | [department] shall issue an evaluation of each ignition interlock |
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138 | 141 | | device approved under Section 521.247 using guidelines established |
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139 | 142 | | by the National Highway Traffic Safety Administration, including: |
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140 | 143 | | (1) whether the device provides accurate detection of |
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141 | 144 | | alveolar air; |
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142 | 145 | | (2) the moving retest abilities of the device; |
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143 | 146 | | (3) the use of tamper-proof blood alcohol content |
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144 | 147 | | level software by the device; |
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145 | 148 | | (4) the anticircumvention design of the device; |
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146 | 149 | | (5) the recalibration requirements of the device; and |
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147 | 150 | | (6) the breath action required by the operator. |
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148 | 151 | | (b) The Department of Public Safety [department] shall |
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149 | 152 | | assess the cost of preparing the evaluation equally against each |
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150 | 153 | | manufacturer of an approved device. |
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151 | 154 | | SECTION 10. Sections 521.2476(a), (b), (c), and (d), |
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152 | 155 | | Transportation Code, are amended to read as follows: |
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153 | 156 | | (a) The Department of Public Safety [department] by rule |
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154 | 157 | | shall establish: |
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155 | 158 | | (1) minimum standards for vendors of ignition |
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156 | 159 | | interlock devices who conduct business in this state; and |
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157 | 160 | | (2) procedures to ensure compliance with those |
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158 | 161 | | standards, including procedures for the inspection of a vendor's |
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159 | 162 | | facilities. |
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160 | 163 | | (b) The minimum standards shall require each vendor to: |
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161 | 164 | | (1) be authorized by the Department of Public Safety |
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162 | 165 | | [department] to do business in this state; |
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163 | 166 | | (2) install a device only if the device is approved |
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164 | 167 | | under Section 521.247; |
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165 | 168 | | (3) obtain liability insurance providing coverage for |
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166 | 169 | | damages arising out of the operation or use of devices in amounts |
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167 | 170 | | and under the terms specified by the Department of Public Safety |
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168 | 171 | | [department]; |
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169 | 172 | | (4) install the device and activate any |
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170 | 173 | | anticircumvention feature of the device within a reasonable time |
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171 | 174 | | after the vendor receives notice that installation is ordered by a |
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172 | 175 | | court; |
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173 | 176 | | (5) install and inspect the device in accordance with |
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174 | 177 | | any applicable court order; |
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175 | 178 | | (6) repair or replace a device not later than 48 hours |
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176 | 179 | | after receiving notice of a complaint regarding the operation of |
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177 | 180 | | the device; |
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178 | 181 | | (7) submit a written report of any violation of a court |
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179 | 182 | | order to that court and to the person's supervising officer, if any, |
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180 | 183 | | not later than 48 hours after the vendor discovers the violation; |
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181 | 184 | | (8) maintain a record of each action taken by the |
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182 | 185 | | vendor with respect to each device installed by the vendor, |
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183 | 186 | | including each action taken as a result of an attempt to circumvent |
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184 | 187 | | the device, until at least the fifth anniversary after the date of |
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185 | 188 | | installation; |
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186 | 189 | | (9) make a copy of the record available for inspection |
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187 | 190 | | by or send a copy of the record to any court, supervising officer, |
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188 | 191 | | or the Department of Public Safety [department] on request; and |
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189 | 192 | | (10) annually provide to the Department of Public |
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190 | 193 | | Safety [department] a written report of each service and ignition |
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191 | 194 | | interlock device feature made available by the vendor. |
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192 | 195 | | (c) The Department of Public Safety [department] may revoke |
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193 | 196 | | its [the department's] authorization for a vendor to do business in |
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194 | 197 | | this state if the vendor or an officer or employee of the vendor |
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195 | 198 | | violates: |
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196 | 199 | | (1) any law of this state that applies to the vendor; |
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197 | 200 | | or |
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198 | 201 | | (2) any rule adopted by the Department of Public |
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199 | 202 | | Safety [department] under this section or another law that applies |
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200 | 203 | | to the vendor. |
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201 | 204 | | (d) A vendor shall reimburse the Department of Public Safety |
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202 | 205 | | [department] for the reasonable cost of conducting each inspection |
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203 | 206 | | of the vendor's facilities under this section. |
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204 | 207 | | SECTION 11. Section 521.272, Transportation Code, is |
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205 | 208 | | amended by adding Subsection (e) to read as follows: |
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210 | 213 | | duplicate, or corrected license, for use by the Department of |
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211 | 214 | | Public Safety for purposes of Article 62.005(c), Code of Criminal |
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212 | 215 | | Procedure. |
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213 | 216 | | SECTION 12. Section 522.003(8), Transportation Code, is |
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214 | 217 | | amended to read as follows: |
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215 | 218 | | (8) "Department" means the Texas Department of Motor |
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216 | 219 | | Vehicles [Public Safety]. |
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217 | 220 | | SECTION 13. Section 522.007, Transportation Code, is |
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218 | 221 | | amended to read as follows: |
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219 | 222 | | Sec. 522.007. EXEMPTION FOR NEIGHBORING STATES. (a) The |
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220 | 223 | | executive [public safety] director of the department shall enter |
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221 | 224 | | negotiations with an appropriate person or entity of a state |
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222 | 225 | | bordering this state for the purpose of applying the exemption |
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223 | 226 | | contained in Section 522.004(a)(1) to residents of that state. |
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224 | 227 | | (b) The executive [public safety] director of the |
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225 | 228 | | department may enter an agreement to apply the exemption contained |
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226 | 229 | | in Section 522.004(a)(1) to residents of a bordering state only if |
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227 | 230 | | that state extends a similar exemption to residents of this state. |
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228 | 231 | | SECTION 14. Section 522.152(d), Transportation Code, is |
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229 | 232 | | amended to read as follows: |
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230 | 233 | | (d) The organization shall submit an annual report to the |
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231 | 234 | | executive director of the department that includes the total dollar |
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232 | 235 | | amount of contributions received by the organization under this |
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233 | 236 | | section. |
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234 | 237 | | SECTION 15. Sections 523.003(2) and (5), Transportation |
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235 | 238 | | Code, are amended to read as follows: |
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236 | 239 | | (2) "Executive director" means the executive director |
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237 | 240 | | of the Texas Department of Motor Vehicles [Public Safety] or the |
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238 | 241 | | equivalent officer of another state. |
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239 | 242 | | (5) "Licensing authority" means the Texas Department |
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240 | 243 | | of Motor Vehicles [Public Safety] or the equivalent agency of |
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241 | 244 | | another state. |
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242 | 245 | | SECTION 16. Sections 524.001(8) and (9), Transportation |
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243 | 246 | | Code, are amended to read as follows: |
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244 | 247 | | (8) "Department" means the Texas Department of Motor |
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245 | 248 | | Vehicles [Public Safety]. |
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246 | 249 | | (9) "Director" means the executive [public safety] |
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247 | 250 | | director of the department. |
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248 | 251 | | SECTION 17. Section 525.001(b), Transportation Code, is |
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249 | 252 | | amended to read as follows: |
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250 | 253 | | (b) The Texas Department of Motor Vehicles [Public Safety] |
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251 | 254 | | shall include motorcycle and bicycle awareness information in [any |
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252 | 255 | | edition of] the Texas driver's handbook [published after the |
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253 | 256 | | department exhausts the supply of the handbook that the department |
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254 | 257 | | had on September 1, 1993]. |
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255 | 258 | | SECTION 18. Section 543.112(b), Transportation Code, is |
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256 | 259 | | amended to read as follows: |
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257 | 260 | | (b) The uniform certificate of course completion must |
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258 | 261 | | include an identifying number by which the Texas Department of |
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259 | 262 | | Licensing and Regulation, the court, [or] the department, or the |
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260 | 263 | | Texas Department of Motor Vehicles may verify its authenticity with |
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261 | 264 | | the course provider and must be in a form adopted by the Texas |
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262 | 265 | | Department of Licensing and Regulation. |
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263 | 266 | | SECTION 19. Section 601.002(1), Transportation Code, is |
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264 | 267 | | amended to read as follows: |
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265 | 268 | | (1) "Department" means the Texas Department of Motor |
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266 | 269 | | Vehicles [Public Safety]. |
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267 | 270 | | SECTION 20. Subchapter A, Chapter 601, Transportation Code, |
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268 | 271 | | is amended by adding Section 601.010 to read as follows: |
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273 | 276 | | SECTION 21. Section 601.023, Transportation Code, is |
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274 | 277 | | amended to read as follows: |
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275 | 278 | | Sec. 601.023. PAYMENT OF STATUTORY FEES. The department |
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276 | 279 | | may pay[: |
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277 | 280 | | [(1) a statutory fee required by the Texas Department |
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278 | 281 | | of Motor Vehicles for a certified abstract or in connection with |
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279 | 282 | | suspension of a vehicle registration; or |
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280 | 283 | | [(2)] a statutory fee payable to the comptroller for |
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281 | 284 | | issuance of a certificate of deposit required by Section 601.122. |
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282 | 285 | | SECTION 22. Section 601.233(a), Transportation Code, is |
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283 | 286 | | amended to read as follows: |
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284 | 287 | | (a) A citation for an offense under Section 601.191 issued |
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285 | 288 | | as a result of Section 601.053 must include, in type larger than |
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286 | 289 | | other type on the citation, except for the type of the statement |
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287 | 290 | | required by Section 708.105, the following statement: |
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288 | 291 | | "A second or subsequent conviction of an offense under |
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289 | 292 | | the Texas Motor Vehicle Safety Responsibility Act will |
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290 | 293 | | result in the suspension of your driver's license and |
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291 | 294 | | motor vehicle registration unless you file and |
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292 | 295 | | maintain evidence of financial responsibility with the |
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293 | 296 | | Texas Department of Motor Vehicles [Public Safety] for |
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294 | 297 | | two years from the date of conviction. The department |
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295 | 298 | | may waive the requirement to file evidence of |
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296 | 299 | | financial responsibility if you file satisfactory |
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297 | 300 | | evidence with the department showing that at the time |
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298 | 301 | | this citation was issued, the vehicle was covered by a |
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299 | 302 | | motor vehicle liability insurance policy or that you |
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300 | 303 | | were otherwise exempt from the requirements to provide |
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301 | 304 | | evidence of financial responsibility." |
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302 | 305 | | SECTION 23. Section 601.451, Transportation Code, is |
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303 | 306 | | amended to read as follows: |
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304 | 307 | | Sec. 601.451. DEFINITION. In this subchapter, |
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305 | 308 | | "implementing agencies" means: |
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306 | 309 | | (1) the department; |
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307 | 310 | | (2) [the Texas Department of Motor Vehicles; |
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308 | 311 | | [(3)] the Texas Department of Insurance; and |
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309 | 312 | | (3) [(4)] the Department of Information Resources. |
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310 | 313 | | SECTION 24. Section 662.011(a), Transportation Code, is |
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311 | 314 | | amended to read as follows: |
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312 | 315 | | (a) Of each fee collected under Sections 521.421(b) and (f) |
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313 | 316 | | and Sections 522.029(f) and (g), the Texas Department of Motor |
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314 | 317 | | Vehicles [Public Safety] shall send $5 to the comptroller for |
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315 | 318 | | deposit to the credit of the motorcycle education fund account. |
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316 | 319 | | SECTION 25. Section 703.001(2), Transportation Code, is |
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317 | 320 | | amended to read as follows: |
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318 | 321 | | (2) "Department" and "licensing authority" mean the |
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319 | 322 | | Texas Department of Motor Vehicles [Public Safety]. |
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320 | 323 | | SECTION 26. Section 706.001(2), Transportation Code, is |
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321 | 324 | | amended to read as follows: |
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322 | 325 | | (2) "Department" means the Texas Department of Motor |
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323 | 326 | | Vehicles [Public Safety]. |
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324 | 327 | | SECTION 27. Section 706.008(c), Transportation Code, is |
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325 | 328 | | amended to read as follows: |
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326 | 329 | | (c) Except for an action based on a citation issued by a |
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327 | 330 | | peace officer employed by the Department of Public Safety |
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328 | 331 | | [department], the vendor may not be compensated with state money. |
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329 | 332 | | SECTION 28. Section 724.001(7), Transportation Code, is |
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330 | 333 | | amended to read as follows: |
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331 | 334 | | (7) "Department" means the Texas Department of Motor |
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332 | 335 | | Vehicles [Public Safety]. |
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333 | 336 | | SECTION 29. Section 724.016, Transportation Code, is |
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334 | 337 | | amended to read as follows: |
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335 | 338 | | Sec. 724.016. BREATH SPECIMEN. (a) A breath specimen taken |
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336 | 339 | | at the request or order of a peace officer must be taken and |
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337 | 340 | | analyzed under rules of the Department of Public Safety |
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338 | 341 | | [department] by an individual possessing a certificate issued by |
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339 | 342 | | the Department of Public Safety [department] certifying that the |
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340 | 343 | | individual is qualified to perform the analysis. |
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341 | 344 | | (b) The Department of Public Safety [department] may: |
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342 | 345 | | (1) adopt rules approving satisfactory analytical |
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343 | 346 | | methods; and |
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344 | 347 | | (2) ascertain the qualifications of an individual to |
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345 | 348 | | perform the analysis. |
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346 | 349 | | (c) The Department of Public Safety [department] may revoke |
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347 | 350 | | a certificate for cause. |
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348 | 351 | | SECTION 30. Sections 724.032(a) and (b), Transportation |
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349 | 352 | | Code, are amended to read as follows: |
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350 | 353 | | (a) If a person refuses to submit to the taking of a |
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351 | 354 | | specimen, whether expressly or because of an intentional failure of |
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352 | 355 | | the person to give the specimen, the peace officer shall: |
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353 | 356 | | (1) serve notice of license suspension or denial on |
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354 | 357 | | the person; |
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355 | 358 | | (2) take possession of any license issued by this |
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356 | 359 | | state and held by the person arrested; |
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357 | 360 | | (3) issue a temporary driving permit to the person |
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358 | 361 | | unless department records show or the officer otherwise determines |
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359 | 362 | | that the person does not hold a license to operate a motor vehicle |
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360 | 363 | | in this state; and |
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361 | 364 | | (4) make a written report of the refusal to the |
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362 | 365 | | executive director of the department. |
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363 | 366 | | (b) The executive director of the department must approve |
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364 | 367 | | the form of the refusal report. The report must: |
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365 | 368 | | (1) show the grounds for the officer's belief that the |
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366 | 369 | | person had been operating a motor vehicle or watercraft powered |
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367 | 370 | | with an engine having a manufacturer's rating of 50 horsepower or |
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368 | 371 | | above while intoxicated; and |
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369 | 372 | | (2) contain a copy of: |
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370 | 373 | | (A) the refusal statement requested under |
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371 | 374 | | Section 724.031; or |
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372 | 375 | | (B) a statement signed by the officer that the |
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373 | 376 | | person refused to: |
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374 | 377 | | (i) submit to the taking of the requested |
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375 | 378 | | specimen; and |
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376 | 379 | | (ii) sign the requested statement under |
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377 | 380 | | Section 724.031. |
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378 | 381 | | SECTION 31. Subchapter C, Chapter 724, Transportation Code, |
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379 | 382 | | is amended by adding Section 724.0345 to read as follows: |
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417 | 402 | | Beverage Code, are amended to read as follows: |
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418 | 403 | | (b-2) For purposes of Subsection (b-1), if the defendant is |
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419 | 404 | | enrolled in an institution of higher education located in a county |
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420 | 405 | | in which access to an alcohol awareness program is readily |
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421 | 406 | | available, the court may consider the defendant to be a resident of |
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422 | 407 | | that county. If the defendant is not enrolled in such an |
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423 | 408 | | institution of higher education or if the court does not consider |
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424 | 409 | | the defendant to be a resident of the county in which the |
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425 | 410 | | institution is located, the defendant's residence is the residence |
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426 | 411 | | listed on the defendant's driver's license or personal |
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427 | 412 | | identification certificate issued by the Texas Department of Motor |
---|
428 | 413 | | Vehicles [Public Safety]. If the defendant does not have a driver's |
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429 | 414 | | license or personal identification certificate issued by the Texas |
---|
430 | 415 | | Department of Motor Vehicles [Public Safety], the defendant's |
---|
431 | 416 | | residence is the residence on the defendant's voter registration |
---|
432 | 417 | | certificate. If the defendant is not registered to vote, the |
---|
433 | 418 | | defendant's residence is the residence on file with the public |
---|
434 | 419 | | school district on which the defendant's enrollment is based. If |
---|
435 | 420 | | the defendant is not enrolled in public school, the defendant's |
---|
436 | 421 | | residence is determined as provided by commission rule. |
---|
437 | 422 | | (d) If the defendant does not present the required evidence |
---|
438 | 423 | | within the prescribed period, the court: |
---|
439 | 424 | | (1) shall order the Texas Department of Motor Vehicles |
---|
440 | 425 | | [Public Safety] to: |
---|
441 | 426 | | (A) suspend the defendant's driver's license or |
---|
442 | 427 | | permit for a period not to exceed six months or, if the defendant |
---|
443 | 428 | | does not have a license or permit, to deny the issuance of a license |
---|
444 | 429 | | or permit to the defendant for that period; or |
---|
445 | 430 | | (B) if the defendant has been previously |
---|
446 | 431 | | convicted of an offense under one or more of the sections listed in |
---|
447 | 432 | | Subsection (a), suspend the defendant's driver's license or permit |
---|
448 | 433 | | for a period not to exceed one year or, if the defendant does not |
---|
449 | 434 | | have a license or permit, to deny the issuance of a license or |
---|
450 | 435 | | permit to the defendant for that period; and |
---|
451 | 436 | | (2) may order the defendant or the parent, managing |
---|
452 | 437 | | conservator, or guardian of the defendant to do any act or refrain |
---|
453 | 438 | | from doing any act if the court determines that doing the act or |
---|
454 | 439 | | refraining from doing the act will increase the likelihood that the |
---|
455 | 440 | | defendant will present evidence to the court that the defendant has |
---|
456 | 441 | | satisfactorily completed an alcohol awareness program or performed |
---|
457 | 442 | | the required hours of community service. |
---|
458 | 443 | | (e) The Texas Department of Motor Vehicles [Public Safety] |
---|
459 | 444 | | shall send notice of the suspension or prohibition order issued |
---|
460 | 445 | | under Subsection (d) by first class mail to the defendant. The |
---|
461 | 446 | | notice must include the date of the suspension or prohibition |
---|
462 | 447 | | order, the reason for the suspension or prohibition, and the period |
---|
463 | 448 | | covered by the suspension or prohibition. |
---|
490 | 475 | | amended to read as follows: |
---|
491 | 476 | | Art. 42.016. SPECIAL DRIVER'S LICENSE OR IDENTIFICATION |
---|
492 | 477 | | REQUIREMENTS FOR CERTAIN SEX OFFENDERS. If a person is convicted |
---|
493 | 478 | | of, receives a grant of deferred adjudication for, or is |
---|
494 | 479 | | adjudicated as having engaged in delinquent conduct based on a |
---|
495 | 480 | | violation of an offense for which a conviction or adjudication |
---|
496 | 481 | | requires registration as a sex offender under Chapter 62, the court |
---|
497 | 482 | | shall: |
---|
498 | 483 | | (1) issue an order requiring the Texas Department of |
---|
499 | 484 | | Motor Vehicles [Public Safety] to include in any driver's license |
---|
500 | 485 | | record or personal identification certificate record maintained by |
---|
501 | 486 | | the department for the person an indication that the person is |
---|
502 | 487 | | subject to the registration requirements of Chapter 62; |
---|
503 | 488 | | (2) require the person to apply to the Texas |
---|
504 | 489 | | Department of Motor Vehicles [Public Safety] in person for an |
---|
505 | 490 | | original or renewal driver's license or personal identification |
---|
506 | 491 | | certificate not later than the 30th day after the date the person is |
---|
507 | 492 | | released or the date the department sends written notice to the |
---|
508 | 493 | | person of the requirements of Article 62.060, as applicable, and to |
---|
509 | 494 | | annually renew the license or certificate; |
---|
510 | 495 | | (3) notify the person of the consequence of the |
---|
511 | 496 | | conviction or order of deferred adjudication as it relates to the |
---|
512 | 497 | | order issued under this article; and |
---|
513 | 498 | | (4) send to the Texas Department of Motor Vehicles |
---|
514 | 499 | | [Public Safety] a copy of the record of conviction, a copy of the |
---|
515 | 500 | | order granting deferred adjudication, or a copy of the juvenile |
---|
516 | 501 | | adjudication, as applicable, and a copy of the order issued under |
---|
517 | 502 | | this article. |
---|
535 | 520 | | amended to read as follows: |
---|
536 | 521 | | Art. 42A.406. EFFECT OF EDUCATIONAL PROGRAM REQUIREMENTS ON |
---|
537 | 522 | | DRIVING RECORD AND LICENSE. (a) If a defendant is required as a |
---|
538 | 523 | | condition of community supervision to attend an educational program |
---|
539 | 524 | | under Article 42A.403 or 42A.404, or if the court waives the |
---|
540 | 525 | | educational program requirement under Article 42A.403 or the |
---|
541 | 526 | | defendant successfully completes equivalent education under |
---|
542 | 527 | | Article 42A.4045, the court clerk shall immediately report that |
---|
543 | 528 | | fact to the Texas Department of Motor Vehicles [Public Safety], on a |
---|
544 | 529 | | form prescribed by the department, for inclusion in the defendant's |
---|
545 | 530 | | driving record. If the court grants an extension of time in which |
---|
546 | 531 | | the defendant may complete the educational program under Article |
---|
547 | 532 | | 42A.403, the court clerk shall immediately report that fact to the |
---|
548 | 533 | | Texas Department of Motor Vehicles [Public Safety] on a form |
---|
549 | 534 | | prescribed by the department. The clerk's report under this |
---|
550 | 535 | | subsection must include the beginning date of the defendant's |
---|
551 | 536 | | community supervision. |
---|
552 | 537 | | (b) On the defendant's successful completion of an |
---|
553 | 538 | | educational program under Article 42A.403 or 42A.404, the |
---|
554 | 539 | | defendant's instructor shall give notice to the Texas Department of |
---|
555 | 540 | | Motor Vehicles [Public Safety] for inclusion in the defendant's |
---|
556 | 541 | | driving record and to the community supervision and corrections |
---|
557 | 542 | | department. The community supervision and corrections department |
---|
558 | 543 | | shall forward the notice to the court clerk for filing. |
---|
559 | 544 | | (c) [(b-1)] Upon release from a residential treatment |
---|
560 | 545 | | facility at which the person successfully completed equivalent |
---|
561 | 546 | | education under Article 42A.4045, at the request of the court |
---|
562 | 547 | | clerk, the director of the residential treatment facility shall |
---|
563 | 548 | | give notice to the Texas Department of Motor Vehicles [Public |
---|
564 | 549 | | Safety] for inclusion in the person's driving record. |
---|
565 | 550 | | (d) [(c)] If the Texas Department of Motor Vehicles [Public |
---|
566 | 551 | | Safety] does not receive notice that a defendant required to |
---|
567 | 552 | | complete an educational program has successfully completed the |
---|
568 | 553 | | program within the period required by the judge under this |
---|
569 | 554 | | subchapter, as shown on department records, the department, as |
---|
570 | 555 | | provided by Sections 521.344(e) and (f), Transportation Code, |
---|
571 | 556 | | shall: |
---|
572 | 557 | | (1) revoke the defendant's driver's license; or |
---|
573 | 558 | | (2) prohibit the defendant from obtaining a license. |
---|
574 | 559 | | (e) [(d)] The Texas Department of Motor Vehicles [Public |
---|
575 | 560 | | Safety] may not reinstate a license revoked under Subsection (d) |
---|
576 | 561 | | [(c)] as the result of an educational program requirement imposed |
---|
577 | 562 | | under Article 42A.403 unless the defendant whose license was |
---|
578 | 563 | | revoked applies to the department for reinstatement of the license |
---|
579 | 564 | | and pays to the department a reinstatement fee of $100. The Texas |
---|
580 | 565 | | Department of Motor Vehicles [Public Safety] shall remit all fees |
---|
581 | 566 | | collected under this subsection to the comptroller for deposit in |
---|
582 | 567 | | the general revenue fund. |
---|
647 | 632 | | Criminal Procedure, are amended to read as follows: |
---|
648 | 633 | | (c) The court shall enter judgment on the defendant's plea |
---|
649 | 634 | | of no contest or guilty at the time the plea is made, defer |
---|
650 | 635 | | imposition of the judgment, and allow the defendant 90 days to |
---|
651 | 636 | | successfully complete the approved driving safety course or |
---|
652 | 637 | | motorcycle operator training course and present to the court: |
---|
653 | 638 | | (1) a uniform certificate of completion of the driving |
---|
654 | 639 | | safety course or a verification of completion of the motorcycle |
---|
655 | 640 | | operator training course; |
---|
656 | 641 | | (2) unless the judge proceeds under Subsection (c-1), |
---|
657 | 642 | | the defendant's driving record as maintained by the Texas |
---|
658 | 643 | | Department of Motor Vehicles [Public Safety], if any, showing that |
---|
659 | 644 | | the defendant had not completed an approved driving safety course |
---|
660 | 645 | | or motorcycle operator training course, as applicable, within the |
---|
661 | 646 | | 12 months preceding the date of the offense; |
---|
662 | 647 | | (3) an affidavit stating that the defendant was not |
---|
663 | 648 | | taking a driving safety course or motorcycle operator training |
---|
664 | 649 | | course, as applicable, under this article on the date the request to |
---|
665 | 650 | | take the course was made and had not completed such a course that is |
---|
666 | 651 | | not shown on the defendant's driving record within the 12 months |
---|
667 | 652 | | preceding the date of the offense; and |
---|
668 | 653 | | (4) if the defendant does not have a valid Texas |
---|
669 | 654 | | driver's license or permit and is a member, or the spouse or |
---|
670 | 655 | | dependent child of a member, of the United States military forces |
---|
671 | 656 | | serving on active duty, an affidavit stating that the defendant was |
---|
672 | 657 | | not taking a driving safety course or motorcycle operator training |
---|
673 | 658 | | course, as appropriate, in another state on the date the request to |
---|
674 | 659 | | take the course was made and had not completed such a course within |
---|
675 | 660 | | the 12 months preceding the date of the offense. |
---|
676 | 661 | | (c-1) In this subsection, "state electronic Internet |
---|
677 | 662 | | portal" has the meaning assigned by Section 2054.003, Government |
---|
678 | 663 | | Code. As an alternative to receiving the defendant's driving |
---|
679 | 664 | | record under Subsection (c)(2), the judge, at the time the |
---|
680 | 665 | | defendant requests a driving safety course or motorcycle operator |
---|
681 | 666 | | training course dismissal under this article, may require the |
---|
682 | 667 | | defendant to pay a fee in an amount equal to the sum of the amount of |
---|
683 | 668 | | the fee established by Section 521.048, Transportation Code, and |
---|
684 | 669 | | the state electronic Internet portal fee and, using the state |
---|
685 | 670 | | electronic Internet portal, may request the Texas Department of |
---|
686 | 671 | | Motor Vehicles [Public Safety] to provide the judge with a copy of |
---|
687 | 672 | | the defendant's driving record that shows the information described |
---|
688 | 673 | | by Section 521.047(b), Transportation Code. As soon as |
---|
689 | 674 | | practicable and using the state electronic Internet portal, the |
---|
690 | 675 | | Texas Department of Motor Vehicles [Public Safety] shall provide |
---|
691 | 676 | | the judge with the requested copy of the defendant's driving |
---|
692 | 677 | | record. The fee authorized by this subsection is in addition to |
---|
693 | 678 | | any other fee required under this article. If the copy of the |
---|
694 | 679 | | defendant's driving record provided to the judge under this |
---|
695 | 680 | | subsection shows that the defendant has not completed an approved |
---|
696 | 681 | | driving safety course or motorcycle operator training course, as |
---|
697 | 682 | | appropriate, within the 12 months preceding the date of the |
---|
698 | 683 | | offense, the judge shall allow the defendant to complete the |
---|
699 | 684 | | appropriate course as provided by this article. The custodian of a |
---|
700 | 685 | | municipal or county treasury who receives fees collected under this |
---|
701 | 686 | | subsection shall keep a record of the fees and, without deduction or |
---|
702 | 687 | | proration, forward the fees to the comptroller, with and in the |
---|
703 | 688 | | manner required for other fees and costs received in connection |
---|
704 | 689 | | with criminal cases. The comptroller shall credit fees received |
---|
705 | 690 | | under this subsection to the Texas Department of Motor Vehicles |
---|
706 | 691 | | [Public Safety]. |
---|
707 | 692 | | (l) When a defendant complies with Subsection (c), the court |
---|
708 | 693 | | shall: |
---|
709 | 694 | | (1) remove the judgment and dismiss the charge; |
---|
710 | 695 | | (2) report the fact that the defendant successfully |
---|
711 | 696 | | completed a driving safety course or a motorcycle operator training |
---|
712 | 697 | | course and the date of completion to the Texas Department of Motor |
---|
713 | 698 | | Vehicles [Public Safety] for inclusion in the person's driving |
---|
714 | 699 | | record; and |
---|
715 | 700 | | (3) state in that report whether the course was taken |
---|
716 | 701 | | under this article to provide information necessary to determine |
---|
717 | 702 | | eligibility to take a subsequent course under Subsection (b). |
---|
728 | 713 | | of the 86th Legislature, Regular Session, 2019, relating to |
---|
729 | 714 | | nonsubstantive additions to and corrections in enacted codes |
---|
730 | 715 | | becomes law. |
---|
731 | 716 | | (b) Article 62.053(a), Code of Criminal Procedure, as |
---|
732 | 717 | | amended by Chapters 329 (H.B. 355) and 924 (S.B. 1553), Acts of the |
---|
733 | 718 | | 85th Legislature, Regular Session, 2017, is reenacted and amended |
---|
734 | 719 | | to read as follows: |
---|
735 | 720 | | (a) Before a person who will be subject to registration |
---|
736 | 721 | | under this chapter is due to be released from a penal institution, |
---|
737 | 722 | | the Texas Department of Criminal Justice or the Texas Juvenile |
---|
738 | 723 | | Justice Department shall determine the person's level of risk to |
---|
739 | 724 | | the community using the sex offender screening tool developed or |
---|
740 | 725 | | selected under Article 62.007 and assign to the person a numeric |
---|
741 | 726 | | risk level of one, two, or three. Before releasing the person, an |
---|
742 | 727 | | official of the penal institution shall: |
---|
743 | 728 | | (1) inform the person that: |
---|
744 | 729 | | (A) not later than the later of the seventh day |
---|
745 | 730 | | after the date on which the person is released or after the date on |
---|
746 | 731 | | which the person moves from a previous residence to a new residence |
---|
747 | 732 | | in this state or not later than the first date the applicable local |
---|
748 | 733 | | law enforcement authority by policy allows the person to register |
---|
749 | 734 | | or verify registration, the person must register or verify |
---|
750 | 735 | | registration with the local law enforcement authority in the |
---|
751 | 736 | | municipality or county in which the person intends to reside; |
---|
752 | 737 | | (B) not later than the seventh day after the date |
---|
753 | 738 | | on which the person is released or the date on which the person |
---|
754 | 739 | | moves from a previous residence to a new residence in this state, |
---|
755 | 740 | | the person must, if the person has not moved to an intended |
---|
756 | 741 | | residence, report to the applicable entity or entities as required |
---|
757 | 742 | | by Article 62.051(h) or (j) or 62.055(e); |
---|
758 | 743 | | (C) not later than the seventh day before the |
---|
759 | 744 | | date on which the person moves to a new residence in this state or |
---|
760 | 745 | | another state, the person must report in person to the local law |
---|
761 | 746 | | enforcement authority designated as the person's primary |
---|
762 | 747 | | registration authority by the department and to the juvenile |
---|
763 | 748 | | probation officer, community supervision and corrections |
---|
764 | 749 | | department officer, or parole officer supervising the person; |
---|
765 | 750 | | (D) not later than the 10th day after the date on |
---|
766 | 751 | | which the person arrives in another state in which the person |
---|
767 | 752 | | intends to reside, the person must register with the law |
---|
768 | 753 | | enforcement agency that is identified by the department as the |
---|
769 | 754 | | agency designated by that state to receive registration |
---|
770 | 755 | | information, if the other state has a registration requirement for |
---|
771 | 756 | | sex offenders; |
---|
772 | 757 | | (E) not later than the 30th day after the date on |
---|
773 | 758 | | which the person is released, the person must apply to the Texas |
---|
774 | 759 | | Department of Motor Vehicles [department] in person for the |
---|
775 | 760 | | issuance of an original or renewal driver's license or personal |
---|
776 | 761 | | identification certificate and a failure to apply to the Texas |
---|
777 | 762 | | Department of Motor Vehicles [department] as required by this |
---|
778 | 763 | | paragraph results in the automatic revocation of any driver's |
---|
779 | 764 | | license or personal identification certificate issued by the Texas |
---|
780 | 765 | | Department of Motor Vehicles [department] to the person; |
---|
781 | 766 | | (F) the person must notify appropriate entities |
---|
782 | 767 | | of any change in status as described by Article 62.057; |
---|
783 | 768 | | (G) certain types of employment are prohibited |
---|
784 | 769 | | under Article 62.063 for a person with a reportable conviction or |
---|
785 | 770 | | adjudication for a sexually violent offense involving a victim |
---|
786 | 771 | | younger than 14 years of age and occurring on or after September 1, |
---|
787 | 772 | | 2013; [and] |
---|
788 | 773 | | (H) certain locations of residence are |
---|
789 | 774 | | prohibited under Article 62.064 for a person with a reportable |
---|
790 | 775 | | conviction or adjudication for an offense occurring on or after |
---|
791 | 776 | | September 1, 2017, except as otherwise provided by that article; |
---|
792 | 777 | | and |
---|
793 | 778 | | (I) [(H)] if the person enters the premises of a |
---|
794 | 779 | | school as described by Article 62.065 [62.064] and is subject to the |
---|
795 | 780 | | requirements of that article, the person must immediately notify |
---|
796 | 781 | | the administrative office of the school of the person's presence |
---|
797 | 782 | | and the person's registration status under this chapter; |
---|
798 | 783 | | (2) require the person to sign a written statement |
---|
799 | 784 | | that the person was informed of the person's duties as described by |
---|
800 | 785 | | Subdivision (1) or Subsection (g) or, if the person refuses to sign |
---|
801 | 786 | | the statement, certify that the person was so informed; |
---|
802 | 787 | | (3) obtain the address or, if applicable, a detailed |
---|
803 | 788 | | description of each geographical location where the person expects |
---|
804 | 789 | | to reside on the person's release and other registration |
---|
805 | 790 | | information, including a photograph and complete set of |
---|
806 | 791 | | fingerprints; and |
---|
807 | 792 | | (4) complete the registration form for the person. |
---|
809 | 794 | | of the 86th Legislature, Regular Session, 2019, relating to |
---|
810 | 795 | | nonsubstantive additions to and corrections in enacted codes does |
---|
811 | 796 | | not become law. |
---|
812 | 797 | | (b) Article 62.053(a), Code of Criminal Procedure, as |
---|
813 | 798 | | amended by Chapters 329 (H.B. 355) and 924 (S.B. 1553), Acts of the |
---|
814 | 799 | | 85th Legislature, Regular Session, 2017, is reenacted and amended |
---|
815 | 800 | | to read as follows: |
---|
816 | 801 | | (a) Before a person who will be subject to registration |
---|
817 | 802 | | under this chapter is due to be released from a penal institution, |
---|
818 | 803 | | the Texas Department of Criminal Justice or the Texas Juvenile |
---|
819 | 804 | | Justice Department shall determine the person's level of risk to |
---|
820 | 805 | | the community using the sex offender screening tool developed or |
---|
821 | 806 | | selected under Article 62.007 and assign to the person a numeric |
---|
822 | 807 | | risk level of one, two, or three. Before releasing the person, an |
---|
823 | 808 | | official of the penal institution shall: |
---|
824 | 809 | | (1) inform the person that: |
---|
825 | 810 | | (A) not later than the later of the seventh day |
---|
826 | 811 | | after the date on which the person is released or after the date on |
---|
827 | 812 | | which the person moves from a previous residence to a new residence |
---|
828 | 813 | | in this state or not later than the first date the applicable local |
---|
829 | 814 | | law enforcement authority by policy allows the person to register |
---|
830 | 815 | | or verify registration, the person must register or verify |
---|
831 | 816 | | registration with the local law enforcement authority in the |
---|
832 | 817 | | municipality or county in which the person intends to reside; |
---|
833 | 818 | | (B) not later than the seventh day after the date |
---|
834 | 819 | | on which the person is released or the date on which the person |
---|
835 | 820 | | moves from a previous residence to a new residence in this state, |
---|
836 | 821 | | the person must, if the person has not moved to an intended |
---|
837 | 822 | | residence, report to the applicable entity or entities as required |
---|
838 | 823 | | by Article 62.051(h) or (j) or 62.055(e); |
---|
839 | 824 | | (C) not later than the seventh day before the |
---|
840 | 825 | | date on which the person moves to a new residence in this state or |
---|
841 | 826 | | another state, the person must report in person to the local law |
---|
842 | 827 | | enforcement authority designated as the person's primary |
---|
843 | 828 | | registration authority by the department and to the juvenile |
---|
844 | 829 | | probation officer, community supervision and corrections |
---|
845 | 830 | | department officer, or parole officer supervising the person; |
---|
846 | 831 | | (D) not later than the 10th day after the date on |
---|
847 | 832 | | which the person arrives in another state in which the person |
---|
848 | 833 | | intends to reside, the person must register with the law |
---|
849 | 834 | | enforcement agency that is identified by the department as the |
---|
850 | 835 | | agency designated by that state to receive registration |
---|
851 | 836 | | information, if the other state has a registration requirement for |
---|
852 | 837 | | sex offenders; |
---|
853 | 838 | | (E) not later than the 30th day after the date on |
---|
854 | 839 | | which the person is released, the person must apply to the Texas |
---|
855 | 840 | | Department of Motor Vehicles [department] in person for the |
---|
856 | 841 | | issuance of an original or renewal driver's license or personal |
---|
857 | 842 | | identification certificate and a failure to apply to the Texas |
---|
858 | 843 | | Department of Motor Vehicles [department] as required by this |
---|
859 | 844 | | paragraph results in the automatic revocation of any driver's |
---|
860 | 845 | | license or personal identification certificate issued by the Texas |
---|
861 | 846 | | Department of Motor Vehicles [department] to the person; |
---|
862 | 847 | | (F) the person must notify appropriate entities |
---|
863 | 848 | | of any change in status as described by Article 62.057; |
---|
864 | 849 | | (G) certain types of employment are prohibited |
---|
865 | 850 | | under Article 62.063 for a person with a reportable conviction or |
---|
866 | 851 | | adjudication for a sexually violent offense involving a victim |
---|
867 | 852 | | younger than 14 years of age and occurring on or after September 1, |
---|
868 | 853 | | 2013; [and] |
---|
869 | 854 | | (H) certain locations of residence are |
---|
870 | 855 | | prohibited under Article 62.064, as added by Chapter 329 (H.B. |
---|
871 | 856 | | 355), Acts of the 85th Legislature, Regular Session, 2017, for a |
---|
872 | 857 | | person with a reportable conviction or adjudication for an offense |
---|
873 | 858 | | occurring on or after September 1, 2017, except as otherwise |
---|
874 | 859 | | provided by that article; and |
---|
875 | 860 | | (I) [(H)] if the person enters the premises of a |
---|
876 | 861 | | school as described by Article 62.064, as added by Chapter 924 (S.B. |
---|
877 | 862 | | 1553), Acts of the 85th Legislature, Regular Session, 2017, and is |
---|
878 | 863 | | subject to the requirements of that article, the person must |
---|
879 | 864 | | immediately notify the administrative office of the school of the |
---|
880 | 865 | | person's presence and the person's registration status under this |
---|
881 | 866 | | chapter; |
---|
882 | 867 | | (2) require the person to sign a written statement |
---|
883 | 868 | | that the person was informed of the person's duties as described by |
---|
884 | 869 | | Subdivision (1) or Subsection (g) or, if the person refuses to sign |
---|
885 | 870 | | the statement, certify that the person was so informed; |
---|
886 | 871 | | (3) obtain the address or, if applicable, a detailed |
---|
887 | 872 | | description of each geographical location where the person expects |
---|
888 | 873 | | to reside on the person's release and other registration |
---|
889 | 874 | | information, including a photograph and complete set of |
---|
890 | 875 | | fingerprints; and |
---|
891 | 876 | | (4) complete the registration form for the person. |
---|
969 | 954 | | read as follows: |
---|
970 | 955 | | (c) A registration application must include: |
---|
971 | 956 | | (1) the applicant's first name, middle name, if any, |
---|
972 | 957 | | last name, and former name, if any; |
---|
973 | 958 | | (2) the month, day, and year of the applicant's birth; |
---|
974 | 959 | | (3) a statement that the applicant is a United States |
---|
975 | 960 | | citizen; |
---|
976 | 961 | | (4) a statement that the applicant is a resident of the |
---|
977 | 962 | | county; |
---|
978 | 963 | | (5) a statement that the applicant has not been |
---|
979 | 964 | | determined by a final judgment of a court exercising probate |
---|
980 | 965 | | jurisdiction to be: |
---|
981 | 966 | | (A) totally mentally incapacitated; or |
---|
982 | 967 | | (B) partially mentally incapacitated without the |
---|
983 | 968 | | right to vote; |
---|
984 | 969 | | (6) a statement that the applicant has not been |
---|
985 | 970 | | finally convicted of a felony or that the applicant is a felon |
---|
986 | 971 | | eligible for registration under Section 13.001; |
---|
987 | 972 | | (7) the applicant's residence address or, if the |
---|
988 | 973 | | residence has no address, the address at which the applicant |
---|
989 | 974 | | receives mail and a concise description of the location of the |
---|
990 | 975 | | applicant's residence; |
---|
991 | 976 | | (8) the following information: |
---|
992 | 977 | | (A) the applicant's Texas driver's license number |
---|
993 | 978 | | or the number of a personal identification card issued by the Texas |
---|
994 | 979 | | Department of Motor Vehicles [Public Safety]; |
---|
995 | 980 | | (B) if the applicant has not been issued a number |
---|
996 | 981 | | described by Paragraph (A), the last four digits of the applicant's |
---|
997 | 982 | | social security number; or |
---|
998 | 983 | | (C) a statement by the applicant that the |
---|
999 | 984 | | applicant has not been issued a number described by Paragraph (A) or |
---|
1000 | 985 | | (B); |
---|
1001 | 986 | | (9) if the application is made by an agent, a statement |
---|
1002 | 987 | | of the agent's relationship to the applicant; and |
---|
1003 | 988 | | (10) the city and county in which the applicant |
---|
1004 | 989 | | formerly resided. |
---|
1006 | 991 | | read as follows: |
---|
1007 | 992 | | (c) The following information furnished on a registration |
---|
1008 | 993 | | application is confidential and does not constitute public |
---|
1009 | 994 | | information for purposes of Chapter 552, Government Code: |
---|
1010 | 995 | | (1) a social security number; |
---|
1011 | 996 | | (2) a Texas driver's license number; |
---|
1012 | 997 | | (3) a number of a personal identification card issued |
---|
1013 | 998 | | by the Texas Department of Motor Vehicles [Public Safety]; |
---|
1014 | 999 | | (4) an indication that an applicant is interested in |
---|
1015 | 1000 | | working as an election judge; |
---|
1016 | 1001 | | (5) the residence address of the applicant, if the |
---|
1017 | 1002 | | applicant is a federal judge or state judge, as defined by Section |
---|
1018 | 1003 | | 13.0021, the spouse of a federal judge or state judge, or an |
---|
1019 | 1004 | | individual to whom Section 552.1175, Government Code, applies and |
---|
1020 | 1005 | | the applicant: |
---|
1021 | 1006 | | (A) included an affidavit with the registration |
---|
1022 | 1007 | | application describing the applicant's status under this |
---|
1023 | 1008 | | subdivision, including an affidavit under Section 13.0021 if the |
---|
1024 | 1009 | | applicant is a federal judge or state judge or the spouse of a |
---|
1025 | 1010 | | federal judge or state judge; |
---|
1026 | 1011 | | (B) provided the registrar with an affidavit |
---|
1027 | 1012 | | describing the applicant's status under this subdivision, |
---|
1028 | 1013 | | including an affidavit under Section 15.0215 if the applicant is a |
---|
1029 | 1014 | | federal judge or state judge or the spouse of a federal judge or |
---|
1030 | 1015 | | state judge; or |
---|
1031 | 1016 | | (C) provided the registrar with a completed form |
---|
1032 | 1017 | | approved by the secretary of state for the purpose of notifying the |
---|
1033 | 1018 | | registrar of the applicant's status under this subdivision; |
---|
1034 | 1019 | | (6) the residence address of the applicant, if the |
---|
1035 | 1020 | | applicant, the applicant's child, or another person in the |
---|
1036 | 1021 | | applicant's household is a victim of family violence as defined by |
---|
1037 | 1022 | | Section 71.004, Family Code, who provided the registrar with: |
---|
1038 | 1023 | | (A) a copy of a protective order issued under |
---|
1039 | 1024 | | Chapter 85, Family Code, or a magistrate's order for emergency |
---|
1040 | 1025 | | protection issued under Article 17.292, Code of Criminal Procedure; |
---|
1041 | 1026 | | or |
---|
1042 | 1027 | | (B) other independent documentary evidence |
---|
1043 | 1028 | | necessary to show that the applicant, the applicant's child, or |
---|
1044 | 1029 | | another person in the applicant's household is a victim of family |
---|
1045 | 1030 | | violence; |
---|
1046 | 1031 | | (7) the residence address of the applicant, if the |
---|
1047 | 1032 | | applicant, the applicant's child, or another person in the |
---|
1048 | 1033 | | applicant's household is a victim of sexual assault or abuse, |
---|
1049 | 1034 | | stalking, or trafficking of persons who provided the registrar |
---|
1050 | 1035 | | with: |
---|
1051 | 1036 | | (A) a copy of a protective order issued under |
---|
1052 | 1037 | | Chapter 7A or Article 6.09, Code of Criminal Procedure, or a |
---|
1053 | 1038 | | magistrate's order for emergency protection issued under Article |
---|
1054 | 1039 | | 17.292, Code of Criminal Procedure; or |
---|
1055 | 1040 | | (B) other independent documentary evidence |
---|
1056 | 1041 | | necessary to show that the applicant, the applicant's child, or |
---|
1057 | 1042 | | another person in the applicant's household is a victim of sexual |
---|
1058 | 1043 | | assault or abuse, stalking, or trafficking of persons; or |
---|
1059 | 1044 | | (8) the residence address of the applicant, if the |
---|
1060 | 1045 | | applicant: |
---|
1061 | 1046 | | (A) is a participant in the address |
---|
1062 | 1047 | | confidentiality program administered by the attorney general under |
---|
1063 | 1048 | | Subchapter C, Chapter 56, Code of Criminal Procedure; and |
---|
1064 | 1049 | | (B) provided the registrar with proof of |
---|
1065 | 1050 | | certification under Article 56.84, Code of Criminal Procedure. |
---|
1082 | 1067 | | read as follows: |
---|
1083 | 1068 | | (a) In addition to the other statements and spaces for |
---|
1084 | 1069 | | entering information that appear on an officially prescribed |
---|
1085 | 1070 | | registration application form, each official form must include: |
---|
1086 | 1071 | | (1) the statement: "I understand that giving false |
---|
1087 | 1072 | | information to procure a voter registration is perjury and a crime |
---|
1088 | 1073 | | under state and federal law."; |
---|
1089 | 1074 | | (2) a space for the applicant's registration number; |
---|
1090 | 1075 | | (3) a space for the applicant's Texas driver's license |
---|
1091 | 1076 | | number or number of a personal identification card issued by the |
---|
1092 | 1077 | | Texas Department of Motor Vehicles [Public Safety]; |
---|
1093 | 1078 | | (4) a space for the applicant's telephone number; |
---|
1094 | 1079 | | (5) a space for the applicant's social security |
---|
1095 | 1080 | | number; |
---|
1096 | 1081 | | (6) a space for the applicant's sex; |
---|
1097 | 1082 | | (7) a statement indicating that the furnishing of the |
---|
1098 | 1083 | | applicant's telephone number and sex is optional; |
---|
1099 | 1084 | | (8) a space or box for indicating whether the |
---|
1100 | 1085 | | applicant or voter is submitting new registration information or a |
---|
1101 | 1086 | | change in current registration information; |
---|
1102 | 1087 | | (9) a statement instructing a voter who is using the |
---|
1103 | 1088 | | form to make a change in current registration information to enter |
---|
1104 | 1089 | | the voter's name and the changed information in the appropriate |
---|
1105 | 1090 | | spaces on the form; |
---|
1106 | 1091 | | (10) a statement that if the applicant declines to |
---|
1107 | 1092 | | register to vote, that fact will remain confidential and will be |
---|
1108 | 1093 | | used only for voter registration purposes; |
---|
1109 | 1094 | | (11) a statement that if the applicant does register |
---|
1110 | 1095 | | to vote, information regarding the agency or office to which the |
---|
1111 | 1096 | | application is submitted will remain confidential and will be used |
---|
1112 | 1097 | | only for voter registration purposes; |
---|
1113 | 1098 | | (12) a space or box for indicating whether the |
---|
1114 | 1099 | | applicant is interested in working as an election judge; |
---|
1115 | 1100 | | (13) a statement warning that a conviction for making |
---|
1116 | 1101 | | a false statement may result in imprisonment for up to the maximum |
---|
1117 | 1102 | | amount of time provided by law, a fine of up to the maximum amount |
---|
1118 | 1103 | | provided by law, or both the imprisonment and the fine; and |
---|
1119 | 1104 | | (14) any other voter registration information |
---|
1120 | 1105 | | required by federal law or considered appropriate and required by |
---|
1121 | 1106 | | the secretary of state. |
---|
1245 | 1230 | | read as follows: |
---|
1246 | 1231 | | (b) The proof must be established by: |
---|
1247 | 1232 | | (1) a driver's license or identification card issued |
---|
1248 | 1233 | | by this state, another state, or a Canadian province that is current |
---|
1249 | 1234 | | or has expired not more than two years preceding the date the |
---|
1250 | 1235 | | identification is submitted to the county clerk in connection with |
---|
1251 | 1236 | | an application for a license; |
---|
1252 | 1237 | | (2) a United States passport; |
---|
1253 | 1238 | | (3) a current passport issued by a foreign country or a |
---|
1254 | 1239 | | consular document issued by a state or national government; |
---|
1255 | 1240 | | (4) an unexpired Certificate of United States |
---|
1256 | 1241 | | Citizenship, Certificate of Naturalization, United States Citizen |
---|
1257 | 1242 | | Identification Card, Permanent Resident Card, Temporary Resident |
---|
1258 | 1243 | | Card, Employment Authorization Card, or other document issued by |
---|
1259 | 1244 | | the federal Department of Homeland Security or the United States |
---|
1260 | 1245 | | Department of State including an identification photograph; |
---|
1261 | 1246 | | (5) an unexpired military identification card for |
---|
1262 | 1247 | | active duty, reserve, or retired personnel with an identification |
---|
1263 | 1248 | | photograph; |
---|
1264 | 1249 | | (6) an original or certified copy of a birth |
---|
1265 | 1250 | | certificate issued by a bureau of vital statistics for a state or a |
---|
1266 | 1251 | | foreign government; |
---|
1267 | 1252 | | (7) an original or certified copy of a Consular Report |
---|
1268 | 1253 | | of Birth Abroad or Certificate of Birth Abroad issued by the United |
---|
1269 | 1254 | | States Department of State; |
---|
1270 | 1255 | | (8) an original or certified copy of a court order |
---|
1271 | 1256 | | relating to the applicant's name change or sex change; |
---|
1272 | 1257 | | (9) school records from a secondary school or |
---|
1273 | 1258 | | institution of higher education; |
---|
1274 | 1259 | | (10) an insurance policy continuously valid for the |
---|
1275 | 1260 | | two years preceding the date of the application for a license; |
---|
1276 | 1261 | | (11) a motor vehicle certificate of title; |
---|
1277 | 1262 | | (12) military records, including documentation of |
---|
1278 | 1263 | | release or discharge from active duty or a draft record; |
---|
1279 | 1264 | | (13) an unexpired military dependent identification |
---|
1280 | 1265 | | card; |
---|
1281 | 1266 | | (14) an original or certified copy of the applicant's |
---|
1282 | 1267 | | marriage license or divorce decree; |
---|
1283 | 1268 | | (15) a voter registration certificate; |
---|
1284 | 1269 | | (16) a pilot's license issued by the Federal Aviation |
---|
1285 | 1270 | | Administration or another authorized agency of the United States; |
---|
1286 | 1271 | | (17) a license to carry a handgun under Subchapter H, |
---|
1287 | 1272 | | Chapter 411, Government Code; |
---|
1288 | 1273 | | (18) a temporary driving permit or a temporary |
---|
1289 | 1274 | | identification card issued by the Texas Department of Motor |
---|
1290 | 1275 | | Vehicles [Public Safety]; or |
---|
1291 | 1276 | | (19) an offender identification card issued by the |
---|
1292 | 1277 | | Texas Department of Criminal Justice. |
---|
1294 | 1279 | | Code, are amended to read as follows: |
---|
1295 | 1280 | | (a) A juvenile court, in a disposition hearing under Section |
---|
1296 | 1281 | | 54.04, shall: |
---|
1297 | 1282 | | (1) order the Texas Department of Motor Vehicles |
---|
1298 | 1283 | | [Public Safety] to suspend a child's driver's license or permit, or |
---|
1299 | 1284 | | if the child does not have a license or permit, to deny the issuance |
---|
1300 | 1285 | | of a license or permit to the child if the court finds that the child |
---|
1301 | 1286 | | has engaged in conduct that: |
---|
1302 | 1287 | | (A) violates a law of this state enumerated in |
---|
1303 | 1288 | | Section 521.342(a), Transportation Code; or |
---|
1304 | 1289 | | (B) violates a penal law of this state or the |
---|
1305 | 1290 | | United States, an element or elements of which involve a severe form |
---|
1306 | 1291 | | of trafficking in persons, as defined by 22 U.S.C. Section 7102; or |
---|
1307 | 1292 | | (2) notify the Texas Department of Motor Vehicles |
---|
1308 | 1293 | | [Public Safety] of the adjudication, if the court finds that the |
---|
1309 | 1294 | | child has engaged in conduct that violates a law of this state |
---|
1310 | 1295 | | enumerated in Section 521.372(a), Transportation Code. |
---|
1311 | 1296 | | (b) A juvenile court, in a disposition hearing under Section |
---|
1312 | 1297 | | 54.04, may order the Texas Department of Motor Vehicles [Public |
---|
1313 | 1298 | | Safety] to suspend a child's driver's license or permit or, if the |
---|
1314 | 1299 | | child does not have a license or permit, to deny the issuance of a |
---|
1315 | 1300 | | license or permit to the child, if the court finds that the child |
---|
1316 | 1301 | | has engaged in conduct that violates Section 28.08, Penal Code. |
---|
1317 | 1302 | | (f) A juvenile court, in a disposition hearing under Section |
---|
1318 | 1303 | | 54.04, may order the Texas Department of Motor Vehicles [Public |
---|
1319 | 1304 | | Safety] to suspend a child's driver's license or permit or, if the |
---|
1320 | 1305 | | child does not have a license or permit, to deny the issuance of a |
---|
1321 | 1306 | | license or permit to the child for a period not to exceed 12 months |
---|
1322 | 1307 | | if the court finds that the child has engaged in conduct in need of |
---|
1323 | 1308 | | supervision or delinquent conduct other than the conduct described |
---|
1324 | 1309 | | by Subsection (a). |
---|
1325 | 1310 | | (g) A juvenile court that places a child on probation under |
---|
1326 | 1311 | | Section 54.04 may require as a reasonable condition of the |
---|
1327 | 1312 | | probation that if the child violates the probation, the court may |
---|
1328 | 1313 | | order the Texas Department of Motor Vehicles [Public Safety] to |
---|
1329 | 1314 | | suspend the child's driver's license or permit or, if the child does |
---|
1330 | 1315 | | not have a license or permit, to deny the issuance of a license or |
---|
1331 | 1316 | | permit to the child for a period not to exceed 12 months. The court |
---|
1332 | 1317 | | may make this order if a child that is on probation under this |
---|
1333 | 1318 | | condition violates the probation. A suspension under this |
---|
1334 | 1319 | | subsection is cumulative of any other suspension under this |
---|
1335 | 1320 | | section. |
---|
1419 | 1404 | | Government Code, are amended to read as follows: |
---|
1420 | 1405 | | (a) The jury wheel must be reconstituted by using, as the |
---|
1421 | 1406 | | source: |
---|
1422 | 1407 | | (1) the names of all persons on the current voter |
---|
1423 | 1408 | | registration lists from all the precincts in the county; and |
---|
1424 | 1409 | | (2) all names on a current list to be furnished by the |
---|
1425 | 1410 | | Texas Department of Motor Vehicles [Public Safety], showing the |
---|
1426 | 1411 | | citizens of the county who: |
---|
1427 | 1412 | | (A) hold a valid Texas driver's license or a |
---|
1428 | 1413 | | valid personal identification card or certificate issued by the |
---|
1429 | 1414 | | department; and |
---|
1430 | 1415 | | (B) are not disqualified from jury service under |
---|
1431 | 1416 | | Section 62.102(1), (2), or (7). |
---|
1432 | 1417 | | (f) The Texas Department of Motor Vehicles [Public Safety] |
---|
1433 | 1418 | | shall furnish a list to the secretary of state that shows the names |
---|
1434 | 1419 | | required under Subsection (a)(2) and that contains any of the |
---|
1435 | 1420 | | information enumerated in Subsection (c) that is available to the |
---|
1436 | 1421 | | department, including citizenship status and county of residence. |
---|
1437 | 1422 | | The list shall exclude the names of convicted felons, persons who |
---|
1438 | 1423 | | are not citizens of the United States, persons residing outside the |
---|
1439 | 1424 | | county, and the duplicate name of any registrant. The department |
---|
1440 | 1425 | | shall furnish the list to the secretary of state on or before the |
---|
1441 | 1426 | | first Monday in October of each year. |
---|
1442 | 1427 | | (h) If the secretary of state is unable to furnish the list |
---|
1443 | 1428 | | as provided in this section because of the failure of the voter |
---|
1444 | 1429 | | registrar to furnish the county voter registration list to the |
---|
1445 | 1430 | | secretary of state, the county tax assessor-collector, sheriff, |
---|
1446 | 1431 | | county clerk, and district clerk in the county shall meet at the |
---|
1447 | 1432 | | county courthouse between January 1 and January 15 of the following |
---|
1448 | 1433 | | year and shall reconstitute the jury wheel for the county, except as |
---|
1449 | 1434 | | provided under a plan adopted under Section 62.011. The deadlines |
---|
1450 | 1435 | | included in the plan control for preparing the list and |
---|
1451 | 1436 | | reconstituting the wheel. The secretary of state shall send the |
---|
1452 | 1437 | | list furnished by the Texas Department of Motor Vehicles [Public |
---|
1453 | 1438 | | Safety] as provided by Subsection (f) to the voter registrar, who |
---|
1454 | 1439 | | shall combine the lists as described in this section for use as the |
---|
1455 | 1440 | | juror source and certify the combined list as required of the |
---|
1456 | 1441 | | secretary of state under Subsection (g). |
---|
1457 | 1442 | | (i) The commissioners court may, instead of using the method |
---|
1458 | 1443 | | provided by Subsections (c) through (h), contract with another |
---|
1459 | 1444 | | governmental unit or a private person to combine the voter |
---|
1460 | 1445 | | registration list with the list furnished by the Texas Department |
---|
1461 | 1446 | | of Motor Vehicles [Public Safety]. Subsections (c) through (h) do |
---|
1462 | 1447 | | not apply to a county in which the commissioners court has |
---|
1463 | 1448 | | contracted with another governmental unit or a private person under |
---|
1464 | 1449 | | this subsection. The Texas Department of Motor Vehicles [Public |
---|
1465 | 1450 | | Safety] may not charge a fee for furnishing a list under this |
---|
1466 | 1451 | | subsection. Each list must contain the name, date of birth, |
---|
1467 | 1452 | | address, county of residence, and citizenship status of each person |
---|
1468 | 1453 | | listed. If practical, each list must contain any other information |
---|
1469 | 1454 | | useful in determining if the person is qualified to serve as a |
---|
1470 | 1455 | | juror. |
---|
1483 | 1468 | | read as follows: |
---|
1484 | 1469 | | Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR |
---|
1485 | 1470 | | CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant, |
---|
1486 | 1471 | | or a party to a civil suit, as applicable, shall pay the following |
---|
1487 | 1472 | | fees and costs under the Code of Criminal Procedure if ordered by |
---|
1488 | 1473 | | the court or otherwise required: |
---|
1489 | 1474 | | (1) a personal bond fee (Art. 17.42, Code of Criminal |
---|
1490 | 1475 | | Procedure) . . . the greater of $20 or three percent of the amount |
---|
1491 | 1476 | | of the bail fixed for the accused; |
---|
1492 | 1477 | | (2) cost of electronic monitoring as a condition of |
---|
1493 | 1478 | | release on personal bond (Art. 17.43, Code of Criminal Procedure) |
---|
1494 | 1479 | | . . . actual cost; |
---|
1495 | 1480 | | (3) a fee for verification of and monitoring of motor |
---|
1496 | 1481 | | vehicle ignition interlock (Art. 17.441, Code of Criminal |
---|
1497 | 1482 | | Procedure) . . . not to exceed $10; |
---|
1498 | 1483 | | (3-a) costs associated with operating a global |
---|
1499 | 1484 | | positioning monitoring system as a condition of release on bond |
---|
1500 | 1485 | | (Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs, |
---|
1501 | 1486 | | subject to a determination of indigency; |
---|
1502 | 1487 | | (3-b) costs associated with providing a defendant's |
---|
1503 | 1488 | | victim with an electronic receptor device as a condition of the |
---|
1504 | 1489 | | defendant's release on bond (Art. 17.49(b)(3), Code of Criminal |
---|
1505 | 1490 | | Procedure) . . . actual costs, subject to a determination of |
---|
1506 | 1491 | | indigency; |
---|
1507 | 1492 | | (4) repayment of reward paid by a crime stoppers |
---|
1508 | 1493 | | organization on conviction of a felony (Art. 37.073, Code of |
---|
1509 | 1494 | | Criminal Procedure) . . . amount ordered; |
---|
1510 | 1495 | | (5) reimbursement to general revenue fund for payments |
---|
1511 | 1496 | | made to victim of an offense as condition of community supervision |
---|
1512 | 1497 | | (Art. 42A.301(b)(17) [42A.301(17)], Code of Criminal Procedure) |
---|
1513 | 1498 | | . . . not to exceed $50 for a misdemeanor offense or $100 for a |
---|
1514 | 1499 | | felony offense; |
---|
1515 | 1500 | | (6) payment to a crime stoppers organization as |
---|
1516 | 1501 | | condition of community supervision (Art. 42A.301(b)(20) |
---|
1517 | 1502 | | [42A.301(20)], Code of Criminal Procedure) . . . not to exceed $50; |
---|
1518 | 1503 | | (7) children's advocacy center fee (Art. 42A.455, Code |
---|
1519 | 1504 | | of Criminal Procedure) . . . not to exceed $50; |
---|
1520 | 1505 | | (8) family violence center fee (Art. 42A.504(b), Code |
---|
1521 | 1506 | | of Criminal Procedure) . . . $100; |
---|
1522 | 1507 | | (9) community supervision fee (Art. 42A.652(a), Code |
---|
1523 | 1508 | | of Criminal Procedure) . . . not less than $25 or more than $60 per |
---|
1524 | 1509 | | month; |
---|
1525 | 1510 | | (10) additional community supervision fee for certain |
---|
1526 | 1511 | | offenses (Art. 42A.653(a), Code of Criminal Procedure) . . . $5 per |
---|
1527 | 1512 | | month; |
---|
1528 | 1513 | | (11) for certain financially able sex offenders as a |
---|
1529 | 1514 | | condition of community supervision, the costs of treatment, |
---|
1530 | 1515 | | specialized supervision, or rehabilitation (Art. 42A.452, Code of |
---|
1531 | 1516 | | Criminal Procedure) . . . all or part of the reasonable and |
---|
1532 | 1517 | | necessary costs of the treatment, supervision, or rehabilitation as |
---|
1533 | 1518 | | determined by the judge; |
---|
1534 | 1519 | | (12) fee for failure to appear for trial in a justice |
---|
1535 | 1520 | | or municipal court if a jury trial is not waived (Art. 45.026, Code |
---|
1536 | 1521 | | of Criminal Procedure) . . . costs incurred for impaneling the |
---|
1537 | 1522 | | jury; |
---|
1538 | 1523 | | (13) costs of certain testing, assessments, or |
---|
1539 | 1524 | | programs during a deferral period (Art. 45.051, Code of Criminal |
---|
1540 | 1525 | | Procedure) . . . amount ordered; |
---|
1541 | 1526 | | (14) special expense on dismissal of certain |
---|
1542 | 1527 | | misdemeanor complaints (Art. 45.051, Code of Criminal Procedure) |
---|
1543 | 1528 | | . . . not to exceed amount of fine assessed; |
---|
1544 | 1529 | | (15) an additional fee: |
---|
1545 | 1530 | | (A) for a copy of the defendant's driving record |
---|
1546 | 1531 | | to be requested from the Texas Department of Motor Vehicles [Public |
---|
1547 | 1532 | | Safety] by the judge (Art. 45.0511(c-1), Code of Criminal |
---|
1548 | 1533 | | Procedure) . . . amount equal to the sum of the fee established by |
---|
1549 | 1534 | | Section 521.048, Transportation Code, and the state electronic |
---|
1550 | 1535 | | Internet portal fee; |
---|
1551 | 1536 | | (B) as an administrative fee for requesting a |
---|
1552 | 1537 | | driving safety course or a course under the motorcycle operator |
---|
1553 | 1538 | | training and safety program for certain traffic offenses to cover |
---|
1554 | 1539 | | the cost of administering the article (Art. 45.0511(f)(1), Code of |
---|
1555 | 1540 | | Criminal Procedure) . . . not to exceed $10; or |
---|
1556 | 1541 | | (C) for requesting a driving safety course or a |
---|
1557 | 1542 | | course under the motorcycle operator training and safety program |
---|
1558 | 1543 | | before the final disposition of the case (Art. 45.0511(f)(2), Code |
---|
1559 | 1544 | | of Criminal Procedure) . . . not to exceed the maximum amount of the |
---|
1560 | 1545 | | fine for the offense committed by the defendant; |
---|
1561 | 1546 | | (16) a request fee for teen court program (Art. |
---|
1562 | 1547 | | 45.052, Code of Criminal Procedure) . . . $20, if the court |
---|
1563 | 1548 | | ordering the fee is located in the Texas-Louisiana border region, |
---|
1564 | 1549 | | but otherwise not to exceed $10; |
---|
1565 | 1550 | | (17) a fee to cover costs of required duties of teen |
---|
1566 | 1551 | | court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the |
---|
1567 | 1552 | | court ordering the fee is located in the Texas-Louisiana border |
---|
1568 | 1553 | | region, but otherwise $10; |
---|
1569 | 1554 | | (18) a mileage fee for officer performing certain |
---|
1570 | 1555 | | services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per |
---|
1571 | 1556 | | mile; |
---|
1572 | 1557 | | (19) certified mailing of notice of hearing date (Art. |
---|
1573 | 1558 | | 102.006, Code of Criminal Procedure) . . . $1, plus postage; |
---|
1574 | 1559 | | (20) certified mailing of certified copies of an order |
---|
1575 | 1560 | | of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2, |
---|
1576 | 1561 | | plus postage; |
---|
1577 | 1562 | | (20-a) a fee to defray the cost of notifying state |
---|
1578 | 1563 | | agencies of orders of expungement (Art. 45.0216, Code of Criminal |
---|
1579 | 1564 | | Procedure) . . . $30 per application; |
---|
1580 | 1565 | | (21) sight orders: |
---|
1581 | 1566 | | (A) if the face amount of the check or sight order |
---|
1582 | 1567 | | does not exceed $10 (Art. 102.007, Code of Criminal Procedure) |
---|
1583 | 1568 | | . . . not to exceed $10; |
---|
1584 | 1569 | | (B) if the face amount of the check or sight order |
---|
1585 | 1570 | | is greater than $10 but does not exceed $100 (Art. 102.007, Code of |
---|
1586 | 1571 | | Criminal Procedure) . . . not to exceed $15; |
---|
1587 | 1572 | | (C) if the face amount of the check or sight order |
---|
1588 | 1573 | | is greater than $100 but does not exceed $300 (Art. 102.007, Code of |
---|
1589 | 1574 | | Criminal Procedure) . . . not to exceed $30; |
---|
1590 | 1575 | | (D) if the face amount of the check or sight order |
---|
1591 | 1576 | | is greater than $300 but does not exceed $500 (Art. 102.007, Code of |
---|
1592 | 1577 | | Criminal Procedure) . . . not to exceed $50; and |
---|
1593 | 1578 | | (E) if the face amount of the check or sight order |
---|
1594 | 1579 | | is greater than $500 (Art. 102.007, Code of Criminal Procedure) |
---|
1595 | 1580 | | . . . not to exceed $75; |
---|
1596 | 1581 | | (22) fees for a pretrial intervention program: |
---|
1597 | 1582 | | (A) a supervision fee (Art. 102.012(a), Code of |
---|
1598 | 1583 | | Criminal Procedure) . . . $60 a month plus expenses; and |
---|
1599 | 1584 | | (B) a district attorney, criminal district |
---|
1600 | 1585 | | attorney, or county attorney administrative fee (Art. 102.0121, |
---|
1601 | 1586 | | Code of Criminal Procedure) . . . not to exceed $500; |
---|
1602 | 1587 | | (23) parking fee violations for child safety fund in |
---|
1603 | 1588 | | municipalities with populations: |
---|
1604 | 1589 | | (A) greater than 850,000 (Art. 102.014, Code of |
---|
1605 | 1590 | | Criminal Procedure) . . . not less than $2 and not to exceed $5; and |
---|
1606 | 1591 | | (B) less than 850,000 (Art. 102.014, Code of |
---|
1607 | 1592 | | Criminal Procedure) . . . not to exceed $5; |
---|
1608 | 1593 | | (24) an administrative fee for collection of fines, |
---|
1609 | 1594 | | fees, restitution, or other costs (Art. 102.072, Code of Criminal |
---|
1610 | 1595 | | Procedure) . . . not to exceed $2 for each transaction; |
---|
1611 | 1596 | | (25) a collection fee, if authorized by the |
---|
1612 | 1597 | | commissioners court of a county or the governing body of a |
---|
1613 | 1598 | | municipality, for certain debts and accounts receivable, including |
---|
1614 | 1599 | | unpaid fines, fees, court costs, forfeited bonds, and restitution |
---|
1615 | 1600 | | ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30 |
---|
1616 | 1601 | | percent of an amount more than 60 days past due; and |
---|
1617 | 1602 | | (26) a cost on conviction for the truancy prevention |
---|
1618 | 1603 | | and diversion fund (Art. 102.015, Code of Criminal Procedure) . . . |
---|
1619 | 1604 | | $2. |
---|
1690 | 1675 | | Code, are amended to read as follows: |
---|
1691 | 1676 | | (a) Before discharging an inmate or releasing an inmate on |
---|
1692 | 1677 | | parole, mandatory supervision, or conditional pardon, the |
---|
1693 | 1678 | | department shall: |
---|
1694 | 1679 | | (1) determine whether the inmate has: |
---|
1695 | 1680 | | (A) a valid license issued under Chapter 521 or |
---|
1696 | 1681 | | 522, Transportation Code; or |
---|
1697 | 1682 | | (B) a valid personal identification certificate |
---|
1698 | 1683 | | issued under Chapter 521, Transportation Code; and |
---|
1699 | 1684 | | (2) if the inmate does not have a valid license or |
---|
1700 | 1685 | | certificate described by Subdivision (1), submit to the Texas |
---|
1701 | 1686 | | Department of Motor Vehicles [Public Safety] on behalf of the |
---|
1702 | 1687 | | inmate a request for the issuance of a personal identification |
---|
1703 | 1688 | | certificate under Chapter 521, Transportation Code. |
---|
1704 | 1689 | | (c) The department, the Texas Department of Motor Vehicles |
---|
1705 | 1690 | | [Public Safety], and the bureau of vital statistics of the |
---|
1706 | 1691 | | Department of State Health Services shall by rule adopt a |
---|
1707 | 1692 | | memorandum of understanding that establishes their respective |
---|
1708 | 1693 | | responsibilities with respect to the issuance of a personal |
---|
1709 | 1694 | | identification certificate to an inmate, including |
---|
1710 | 1695 | | responsibilities related to verification of the inmate's identity. |
---|
1711 | 1696 | | The memorandum of understanding must require the Department of |
---|
1712 | 1697 | | State Health Services to electronically verify the birth record of |
---|
1713 | 1698 | | an inmate whose name and any other personal information is provided |
---|
1714 | 1699 | | by the department and to electronically report the recorded filing |
---|
1715 | 1700 | | information to the Texas Department of Motor Vehicles [Public |
---|
1716 | 1701 | | Safety] to validate the identity of an inmate under this section. |
---|
1717 | 1702 | | (d) The department shall reimburse the Texas Department of |
---|
1718 | 1703 | | Motor Vehicles [Public Safety] or the Department of State Health |
---|
1719 | 1704 | | Services for the actual costs incurred by those agencies in |
---|
1720 | 1705 | | performing responsibilities established under this section. The |
---|
1721 | 1706 | | department may charge an inmate for the actual costs incurred under |
---|
1722 | 1707 | | this section or the fees required by Section 521.421, |
---|
1723 | 1708 | | Transportation Code. |
---|
1744 | 1729 | | are amended to read as follows: |
---|
1745 | 1730 | | (e) The executive commissioner shall adopt rules to ensure |
---|
1746 | 1731 | | the safe and efficient provision of nonemergency transportation |
---|
1747 | 1732 | | services under the medical transportation program by regional |
---|
1748 | 1733 | | contracted brokers and subcontractors of regional contracted |
---|
1749 | 1734 | | brokers. The rules must include: |
---|
1750 | 1735 | | (1) minimum standards regarding the physical |
---|
1751 | 1736 | | condition and maintenance of motor vehicles used to provide the |
---|
1752 | 1737 | | services, including standards regarding the accessibility of motor |
---|
1753 | 1738 | | vehicles by persons with disabilities; |
---|
1754 | 1739 | | (2) a requirement that a regional contracted broker |
---|
1755 | 1740 | | verify that each motor vehicle operator providing the services or |
---|
1756 | 1741 | | seeking to provide the services has a valid driver's license; |
---|
1757 | 1742 | | (3) a requirement that a regional contracted broker |
---|
1758 | 1743 | | check the driving record information maintained by the Texas |
---|
1759 | 1744 | | Department of Motor Vehicles [Public Safety] under Subchapter C, |
---|
1760 | 1745 | | Chapter 521, Transportation Code, of each motor vehicle operator |
---|
1761 | 1746 | | providing the services or seeking to provide the services; |
---|
1762 | 1747 | | (4) a requirement that a regional contracted broker |
---|
1763 | 1748 | | check the public criminal record information maintained by the |
---|
1764 | 1749 | | Department of Public Safety and made available to the public |
---|
1765 | 1750 | | through the department's Internet website of each motor vehicle |
---|
1766 | 1751 | | operator providing the services or seeking to provide the services; |
---|
1767 | 1752 | | and |
---|
1768 | 1753 | | (5) training requirements for motor vehicle operators |
---|
1769 | 1754 | | providing the services through a regional contracted broker, |
---|
1770 | 1755 | | including training on the following topics: |
---|
1771 | 1756 | | (A) passenger safety; |
---|
1772 | 1757 | | (B) passenger assistance; |
---|
1773 | 1758 | | (C) assistive devices, including wheelchair |
---|
1774 | 1759 | | lifts, tie-down equipment, and child safety seats; |
---|
1775 | 1760 | | (D) sensitivity and diversity; |
---|
1776 | 1761 | | (E) customer service; |
---|
1777 | 1762 | | (F) defensive driving techniques; and |
---|
1778 | 1763 | | (G) prohibited behavior by motor vehicle |
---|
1779 | 1764 | | operators. |
---|
1780 | 1765 | | (g) The commission shall enter into a memorandum of |
---|
1781 | 1766 | | understanding with the Texas Department of Motor Vehicles [and the |
---|
1782 | 1767 | | Department of Public Safety] for purposes of obtaining the motor |
---|
1783 | 1768 | | vehicle registration and driver's license information of a provider |
---|
1784 | 1769 | | of medical transportation services, including a regional |
---|
1785 | 1770 | | contracted broker and a subcontractor of the broker, to confirm |
---|
1786 | 1771 | | that the provider complies with applicable requirements adopted |
---|
1787 | 1772 | | under Subsection (e). |
---|
1789 | 1774 | | to read as follows: |
---|
1790 | 1775 | | Sec. 531.1533. REQUIREMENTS ON ADMISSIONS OF CHILDREN TO |
---|
1791 | 1776 | | CERTAIN INSTITUTIONS. On the admission of a child to an institution |
---|
1792 | 1777 | | described by Section 531.151(3)(A), (B), or (D), the Department of |
---|
1793 | 1778 | | Aging and Disability Services shall require the child's parent or |
---|
1794 | 1779 | | guardian to submit: |
---|
1795 | 1780 | | (1) an admission form that includes: |
---|
1796 | 1781 | | (A) the parent's or guardian's: |
---|
1797 | 1782 | | (i) name, address, and telephone number; |
---|
1798 | 1783 | | (ii) driver's license number and state of |
---|
1799 | 1784 | | issuance or personal identification card number issued by the Texas |
---|
1800 | 1785 | | Department of Motor Vehicles [Public Safety]; and |
---|
1801 | 1786 | | (iii) place of employment and the |
---|
1802 | 1787 | | employer's address and telephone number; and |
---|
1803 | 1788 | | (B) the name, address, and telephone number of a |
---|
1804 | 1789 | | relative of the child or other person whom the department or |
---|
1805 | 1790 | | institution may contact in an emergency, a statement indicating the |
---|
1806 | 1791 | | relation between that person and the child, and at the parent's or |
---|
1807 | 1792 | | guardian's option, that person's: |
---|
1808 | 1793 | | (i) driver's license number and state of |
---|
1809 | 1794 | | issuance or personal identification card number issued by the Texas |
---|
1810 | 1795 | | Department of Motor Vehicles [Public Safety]; and |
---|
1811 | 1796 | | (ii) the name, address, and telephone |
---|
1812 | 1797 | | number of that person's employer; and |
---|
1813 | 1798 | | (2) a signed acknowledgment of responsibility stating |
---|
1814 | 1799 | | that the parent or guardian agrees to: |
---|
1815 | 1800 | | (A) notify the institution in which the child is |
---|
1816 | 1801 | | placed of any changes to the information submitted under |
---|
1817 | 1802 | | Subdivision (1)(A); and |
---|
1818 | 1803 | | (B) make reasonable efforts to participate in the |
---|
1819 | 1804 | | child's life and in planning activities for the child. |
---|
1938 | 1923 | | amended to read as follows: |
---|
1939 | 1924 | | (d) Before selling, transferring, or otherwise furnishing |
---|
1940 | 1925 | | to a person in this state a chemical precursor subject to Subsection |
---|
1941 | 1926 | | (a), a manufacturer, wholesaler, retailer, or other person shall: |
---|
1942 | 1927 | | (1) if the recipient does not represent a business, |
---|
1943 | 1928 | | obtain from the recipient: |
---|
1944 | 1929 | | (A) the recipient's driver's license number or |
---|
1945 | 1930 | | other personal identification certificate number, date of birth, |
---|
1946 | 1931 | | and residential or mailing address, other than a post office box |
---|
1947 | 1932 | | number, from a driver's license or personal identification |
---|
1948 | 1933 | | certificate issued by the Texas Department of Motor Vehicles |
---|
1949 | 1934 | | [department] that contains a photograph of the recipient; |
---|
1950 | 1935 | | (B) the year, state, and number of the motor |
---|
1951 | 1936 | | vehicle license of the motor vehicle owned or operated by the |
---|
1952 | 1937 | | recipient; |
---|
1953 | 1938 | | (C) a complete description of how the chemical |
---|
1954 | 1939 | | precursor is to be used; and |
---|
1955 | 1940 | | (D) the recipient's signature; or |
---|
1956 | 1941 | | (2) if the recipient represents a business, obtain |
---|
1957 | 1942 | | from the recipient: |
---|
1958 | 1943 | | (A) a letter of authorization from the business |
---|
1959 | 1944 | | that includes the business license or comptroller tax |
---|
1960 | 1945 | | identification number, address, area code, and telephone number and |
---|
1961 | 1946 | | a complete description of how the chemical precursor is to be used; |
---|
1962 | 1947 | | and |
---|
1963 | 1948 | | (B) the recipient's signature; and |
---|
1964 | 1949 | | (3) for any recipient, sign as a witness to the |
---|
1965 | 1950 | | signature and identification of the recipient. |
---|
1967 | 1952 | | amended to read as follows: |
---|
1968 | 1953 | | (e) Before selling, transferring, or otherwise furnishing |
---|
1969 | 1954 | | to a person in this state a chemical laboratory apparatus subject to |
---|
1970 | 1955 | | Subsection (a), a manufacturer, wholesaler, retailer, or other |
---|
1971 | 1956 | | person shall: |
---|
1972 | 1957 | | (1) if the recipient does not represent a business, |
---|
1973 | 1958 | | obtain from the recipient: |
---|
1974 | 1959 | | (A) the recipient's driver's license number or |
---|
1975 | 1960 | | other personal identification certificate number, date of birth, |
---|
1976 | 1961 | | and residential or mailing address, other than a post office box |
---|
1977 | 1962 | | number, from a driver's license or personal identification |
---|
1978 | 1963 | | certificate issued by the Texas Department of Motor Vehicles |
---|
1979 | 1964 | | [department] that contains a photograph of the recipient; |
---|
1980 | 1965 | | (B) the year, state, and number of the motor |
---|
1981 | 1966 | | vehicle license of the motor vehicle owned or operated by the |
---|
1982 | 1967 | | recipient; |
---|
1983 | 1968 | | (C) a complete description of how the apparatus |
---|
1984 | 1969 | | is to be used; and |
---|
1985 | 1970 | | (D) the recipient's signature; or |
---|
1986 | 1971 | | (2) if the recipient represents a business, obtain |
---|
1987 | 1972 | | from the recipient: |
---|
1988 | 1973 | | (A) a letter of authorization from the business |
---|
1989 | 1974 | | that includes the business license or comptroller tax |
---|
1990 | 1975 | | identification number, address, area code, and telephone number and |
---|
1991 | 1976 | | a complete description of how the apparatus is to be used; and |
---|
1992 | 1977 | | (B) the recipient's signature; and |
---|
1993 | 1978 | | (3) for any recipient, sign as a witness to the |
---|
1994 | 1979 | | signature and identification of the recipient. |
---|
2036 | 2021 | | (i), and (m), Health and Safety Code, are amended to read as |
---|
2037 | 2022 | | follows: |
---|
2038 | 2023 | | (a) A nonprofit organization designated by the Texas |
---|
2039 | 2024 | | Department of Motor Vehicles [Public Safety] shall maintain and |
---|
2040 | 2025 | | administer a statewide donor registry, to be known as the Glenda |
---|
2041 | 2026 | | Dawson Donate Life-Texas Registry. |
---|
2042 | 2027 | | (d) The Texas Department of Motor Vehicles [Public Safety] |
---|
2043 | 2028 | | at least monthly shall electronically transfer to the nonprofit |
---|
2044 | 2029 | | organization administering the registry the name, date of birth, |
---|
2045 | 2030 | | driver's license number, most recent address, and any other |
---|
2046 | 2031 | | relevant information in the possession of the Texas Department of |
---|
2047 | 2032 | | Motor Vehicles [Public Safety] for any person who indicates on the |
---|
2048 | 2033 | | person's driver's license application under Section 521.401, |
---|
2049 | 2034 | | Transportation Code, that the person would like to make an |
---|
2050 | 2035 | | anatomical gift. |
---|
2051 | 2036 | | (e) The nonprofit organization administering the registry |
---|
2052 | 2037 | | shall: |
---|
2053 | 2038 | | (1) make information obtained from the Texas |
---|
2054 | 2039 | | Department of Motor Vehicles [Public Safety] under Subsection (d) |
---|
2055 | 2040 | | available to procurement organizations; |
---|
2056 | 2041 | | (2) allow potential donors to submit information in |
---|
2057 | 2042 | | writing directly to the organization for inclusion in the |
---|
2058 | 2043 | | Internet-based registry; |
---|
2059 | 2044 | | (3) maintain the Internet-based registry in a manner |
---|
2060 | 2045 | | that allows procurement organizations to immediately access organ, |
---|
2061 | 2046 | | tissue, and eye donation information 24 hours a day, seven days a |
---|
2062 | 2047 | | week through electronic and telephonic methods; and |
---|
2063 | 2048 | | (4) protect the confidentiality and privacy of the |
---|
2064 | 2049 | | individuals providing information to the Internet-based registry, |
---|
2065 | 2050 | | regardless of the manner in which the information is provided. |
---|
2066 | 2051 | | (f) Except as otherwise provided by Subsection (e)(3) or |
---|
2067 | 2052 | | this subsection, the Texas Department of Motor Vehicles [Public |
---|
2068 | 2053 | | Safety], the nonprofit organization administering the registry, or |
---|
2069 | 2054 | | a procurement organization may not sell, rent, or otherwise share |
---|
2070 | 2055 | | any information provided to the Internet-based registry. A |
---|
2071 | 2056 | | procurement organization may share any information provided to the |
---|
2072 | 2057 | | registry with an organ procurement organization or a health care |
---|
2073 | 2058 | | provider or facility providing medical care to a potential donor as |
---|
2074 | 2059 | | necessary to properly identify an individual at the time of |
---|
2075 | 2060 | | donation. |
---|
2076 | 2061 | | (g) The Texas Department of Motor Vehicles [Public Safety], |
---|
2077 | 2062 | | the nonprofit organization administering the registry, or the |
---|
2078 | 2063 | | procurement organizations may not use any demographic or specific |
---|
2079 | 2064 | | data provided to the Internet-based registry for any fund-raising |
---|
2080 | 2065 | | activities. Data may only be transmitted from the selected |
---|
2081 | 2066 | | organization to procurement organizations through electronic and |
---|
2082 | 2067 | | telephonic methods using secure, encrypted technology to preserve |
---|
2083 | 2068 | | the integrity of the data and the privacy of the individuals |
---|
2084 | 2069 | | providing information. |
---|
2085 | 2070 | | (h) In each office authorized to issue driver's licenses or |
---|
2086 | 2071 | | personal identification certificates, the Texas Department of |
---|
2087 | 2072 | | Motor Vehicles [Public Safety] shall make available educational |
---|
2088 | 2073 | | materials developed by the nonprofit organization administering |
---|
2089 | 2074 | | the registry. |
---|
2090 | 2075 | | (i) The Glenda Dawson Donate Life-Texas Registry fund is |
---|
2091 | 2076 | | created as a trust fund outside the state treasury to be held by the |
---|
2092 | 2077 | | comptroller and administered by the Texas Department of Motor |
---|
2093 | 2078 | | Vehicles [Public Safety] as trustee on behalf of the statewide |
---|
2094 | 2079 | | donor registry maintained for the benefit of the citizens of this |
---|
2095 | 2080 | | state. The fund is composed of money deposited to the credit of the |
---|
2096 | 2081 | | fund under Sections 502.405(b), 521.008, and 521.422(c), |
---|
2097 | 2082 | | Transportation Code, as provided by those subsections. Money in |
---|
2098 | 2083 | | the fund shall be disbursed at least monthly, without |
---|
2099 | 2084 | | appropriation, to the nonprofit organization administering the |
---|
2100 | 2085 | | registry to pay the costs of: |
---|
2101 | 2086 | | (1) maintaining, operating, and updating the |
---|
2102 | 2087 | | Internet-based registry and establishing procedures for an |
---|
2103 | 2088 | | individual to be added to the registry; |
---|
2104 | 2089 | | (2) designing and distributing educational materials |
---|
2105 | 2090 | | for prospective donors as required under this section; and |
---|
2106 | 2091 | | (3) providing education under this chapter. |
---|
2107 | 2092 | | (m) The nonprofit organization administering the registry |
---|
2108 | 2093 | | may: |
---|
2109 | 2094 | | (1) implement a training program for all appropriate |
---|
2110 | 2095 | | Texas Department of Motor Vehicles [Public Safety] and Texas |
---|
2111 | 2096 | | Department of Transportation employees on the benefits of organ, |
---|
2112 | 2097 | | tissue, and eye donation and the procedures for individuals to be |
---|
2113 | 2098 | | added to the Internet-based registry; and |
---|
2114 | 2099 | | (2) conduct the training described by Subdivision (1) |
---|
2115 | 2100 | | on an ongoing basis for new employees. |
---|
2149 | 2134 | | Safety Code, are amended to read as follows: |
---|
2150 | 2135 | | (a) On the release of a committed person from a correctional |
---|
2151 | 2136 | | facility, secure correctional facility, or secure detention |
---|
2152 | 2137 | | facility, as those terms are defined by Section 841.151, the office |
---|
2153 | 2138 | | shall: |
---|
2154 | 2139 | | (1) determine whether the person has: |
---|
2155 | 2140 | | (A) a valid license issued under Chapter 521 or |
---|
2156 | 2141 | | 522, Transportation Code; or |
---|
2157 | 2142 | | (B) a valid personal identification certificate |
---|
2158 | 2143 | | issued under Chapter 521, Transportation Code; and |
---|
2159 | 2144 | | (2) if the person does not have a valid license or |
---|
2160 | 2145 | | certificate described by Subdivision (1), submit to the Texas |
---|
2161 | 2146 | | Department of Motor Vehicles [Public Safety] on behalf of the |
---|
2162 | 2147 | | person a request for the issuance of a personal identification |
---|
2163 | 2148 | | certificate under Chapter 521, Transportation Code. |
---|
2164 | 2149 | | (c) The office, the Texas Department of Motor Vehicles |
---|
2165 | 2150 | | [Public Safety], and the vital statistics unit of the Department of |
---|
2166 | 2151 | | State Health Services by rule shall adopt a memorandum of |
---|
2167 | 2152 | | understanding that establishes their respective responsibilities |
---|
2168 | 2153 | | with respect to the issuance of a personal identification |
---|
2169 | 2154 | | certificate to a committed person, including responsibilities |
---|
2170 | 2155 | | related to verification of the person's identity. The memorandum |
---|
2171 | 2156 | | of understanding must require the Department of State Health |
---|
2172 | 2157 | | Services to electronically verify the birth record of a committed |
---|
2173 | 2158 | | person whose name and any other personal information is provided by |
---|
2174 | 2159 | | the office and to electronically report the recorded filing |
---|
2175 | 2160 | | information to the Texas Department of Motor Vehicles [Public |
---|
2176 | 2161 | | Safety] to validate the identity of a committed person under this |
---|
2177 | 2162 | | section. |
---|
2178 | 2163 | | (d) The office shall reimburse the Texas Department of Motor |
---|
2179 | 2164 | | Vehicles [Public Safety] or the Department of State Health |
---|
2180 | 2165 | | Services, as applicable, for the actual costs incurred by those |
---|
2181 | 2166 | | agencies in performing responsibilities established under this |
---|
2182 | 2167 | | section. The office may charge a committed person for the actual |
---|
2183 | 2168 | | costs incurred under this section or for the fees required by |
---|
2184 | 2169 | | Section 521.421, Transportation Code. |
---|
2283 | 2268 | | amended to read as follows: |
---|
2284 | 2269 | | (f) The comptroller, in prescribing the contents of the |
---|
2285 | 2270 | | application form for each kind of exemption, shall ensure that the |
---|
2286 | 2271 | | form requires an applicant to furnish the information necessary to |
---|
2287 | 2272 | | determine the validity of the exemption claim. The form must |
---|
2288 | 2273 | | require an applicant to provide the applicant's name and driver's |
---|
2289 | 2274 | | license number, personal identification certificate number, or |
---|
2290 | 2275 | | social security account number. If the applicant is a charitable |
---|
2291 | 2276 | | organization with a federal tax identification number, the form |
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2292 | 2277 | | must allow the applicant to provide the organization's federal tax |
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2293 | 2278 | | identification number in lieu of a driver's license number, |
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2294 | 2279 | | personal identification certificate number, or social security |
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2295 | 2280 | | account number. The comptroller shall include on the forms a notice |
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2296 | 2281 | | of the penalties prescribed by Section 37.10, Penal Code, for |
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2297 | 2282 | | making or filing an application containing a false statement. The |
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2298 | 2283 | | comptroller shall include, on application forms for exemptions that |
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2299 | 2284 | | do not have to be claimed annually, a statement explaining that the |
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2300 | 2285 | | application need not be made annually and that if the exemption is |
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2301 | 2286 | | allowed, the applicant has a duty to notify the chief appraiser when |
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2302 | 2287 | | the applicant's entitlement to the exemption ends. In this |
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2303 | 2288 | | subsection: |
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2304 | 2289 | | (1) "Driver's license" has the meaning assigned that |
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2305 | 2290 | | term by Section 521.001, Transportation Code. |
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2306 | 2291 | | (2) "Personal identification certificate" means a |
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2307 | 2292 | | certificate issued by the Texas Department of Motor Vehicles |
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2308 | 2293 | | [Public Safety] under Subchapter E, Chapter 521, Transportation |
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2309 | 2294 | | Code. |
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2310 | 2295 | | (m) Notwithstanding Subsections (a) and (k), a person who |
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2311 | 2296 | | receives an exemption under Section 11.13, other than an exemption |
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2312 | 2297 | | under Section 11.13(c) or (d) for an individual 65 years of age or |
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2313 | 2298 | | older, in a tax year is entitled to receive an exemption under |
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2314 | 2299 | | Section 11.13(c) or (d) for an individual 65 years of age or older |
---|
2315 | 2300 | | in the next tax year on the same property without applying for the |
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2316 | 2301 | | exemption if the person becomes 65 years of age in that next year as |
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2317 | 2302 | | shown by: |
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2318 | 2303 | | (1) information in the records of the appraisal |
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2319 | 2304 | | district that was provided to the appraisal district by the |
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2320 | 2305 | | individual in an application for an exemption under Section 11.13 |
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2321 | 2306 | | on the property or in correspondence relating to the property; or |
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2322 | 2307 | | (2) the information provided by the Texas Department |
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2323 | 2308 | | of Motor Vehicles [Public Safety] to the appraisal district under |
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2324 | 2309 | | Section 521.049, Transportation Code. |
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2372 | 2344 | | duties of the Department of Public Safety with regard to driver's |
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2373 | 2345 | | licenses, personal identification certificates, and other |
---|
2374 | 2346 | | miscellaneous programs, powers, and duties are transferred to the |
---|
2375 | 2347 | | Texas Department of Motor Vehicles in accordance with this Act. |
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2376 | 2348 | | (b) Effective January 1, 2021, all rules of the Department |
---|
2377 | 2349 | | of Public Safety are continued in effect as rules of the Texas |
---|
2378 | 2350 | | Department of Motor Vehicles until superseded by a rule of the Texas |
---|
2379 | 2351 | | Department of Motor Vehicles. A license or certification issued by |
---|
2380 | 2352 | | the Department of Public Safety is continued in effect as provided |
---|
2381 | 2353 | | by the law in effect immediately before the effective date of this |
---|
2382 | 2354 | | Act. A complaint, investigation, contested case, or other |
---|
2383 | 2355 | | proceeding pending on the effective date of this Act is continued |
---|
2384 | 2356 | | without change in status after the effective date of this Act. An |
---|
2385 | 2357 | | activity conducted by the Department of Public Safety is considered |
---|
2386 | 2358 | | to be an activity conducted by the Texas Department of Motor |
---|
2387 | 2359 | | Vehicles. |
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2388 | 2360 | | (c) On September 1, 2019, or as soon as is possible after |
---|
2389 | 2361 | | that date, the public safety director of the Department of Public |
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2390 | 2362 | | Safety shall adopt a comprehensive plan to ensure the smooth |
---|
2391 | 2363 | | transition of all programs operated by the Department of Public |
---|
2392 | 2364 | | Safety relating to driver's licenses, personal identification |
---|
2393 | 2365 | | certificates, and other miscellaneous programs, powers, and duties |
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2394 | 2366 | | before January 1, 2021, from the Department of Public Safety to the |
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2395 | 2367 | | Texas Department of Motor Vehicles. |
---|