Texas 2019 - 86th Regular

Texas House Bill HB11 Compare Versions

OldNewDifferences
1-By: Thompson of Brazoria, et al. H.B. No. 11
1+86R17409 AAF-F
2+ By: Thompson of Brazoria H.B. No. 11
3+ Substitute the following for H.B. No. 11:
4+ By: Leman C.S.H.B. No. 11
25
36
47 A BILL TO BE ENTITLED
58 AN ACT
69 relating to the assumption of the powers and duties relating to
710 driver's licenses, personal identification certificates, and other
811 related programs, powers, and duties by the Texas Department of
912 Motor Vehicles.
1013 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1114 SECTION 1. Section 192.005, Transportation Code, is amended
1215 to read as follows:
1316 Sec. 192.005. RECORD OF ACCIDENT OR VIOLATION. If a person
1417 operating a railroad locomotive or train is involved in an accident
1518 with another train or a motor vehicle or is arrested for violation
1619 of a law relating to the person's operation of a railroad locomotive
1720 or train:
1821 (1) the number of or other identifying information on
1922 the person's driver's license or commercial driver's license may not
2023 be included in any report of the accident or violation; and
2124 (2) the person's involvement in the accident or
2225 violation may not be recorded in the person's individual driving
2326 record maintained by the Texas Department of Motor Vehicles [Public
2427 Safety].
2528 SECTION 2. Section 201.806(b), Transportation Code, is
2629 amended to read as follows:
2730 (b) The department shall provide electronic access to the
2831 system containing the accident reports so that the Texas Department
2932 of Motor Vehicles [Public Safety] can perform its duties, including
3033 the duty to make timely entries on driver records.
3134 SECTION 3. Sections 502.357(b), (c), and (d),
3235 Transportation Code, are amended to read as follows:
3336 (b) Fees collected under this section shall be deposited to
3437 the credit of the state highway fund except that the comptroller
3538 shall provide for a portion of the fees to be deposited first to the
3639 credit of a special fund in the state treasury outside the general
3740 revenue fund to be known as the TexasSure Fund in a total amount
3841 that is necessary to cover the total amount appropriated to the
3942 Texas Department of Insurance from that fund and for the remaining
4043 fees to be deposited to the state highway fund. Subject to
4144 appropriations, the money deposited to the credit of the state
4245 highway fund under this section may be used by the department
4346 [Department of Public Safety] to:
4447 (1) support the department's [Department of Public
4548 Safety's] reengineering of the driver's license system to provide
4649 for the issuance by the department [Department of Public Safety] of
4750 a driver's license or personal identification certificate, to
4851 include use of image comparison technology;
4952 (2) establish and maintain a system to support the
5053 driver responsibility program under Chapter 708; and
5154 (3) make lease payments to the master lease purchase
5255 program for the financing of the driver's license reengineering
5356 project.
5457 (c) Subject to appropriation, fees collected under this
5558 section may be used by the [Department of Public Safety, the] Texas
5659 Department of Insurance, the Department of Information Resources,
5760 and the department to carry out Subchapter N, Chapter 601.
5861 (d) The [Department of Public Safety, the] Texas Department
5962 of Insurance, the Department of Information Resources, and the
6063 department shall jointly adopt rules and develop forms necessary to
6164 administer this section.
6265 SECTION 4. Sections 521.001(a)(1-a) and (2),
6366 Transportation Code, are amended to read as follows:
6467 (1-a) "Department" means the Texas Department of Motor
6568 Vehicles [Public Safety].
6669 (2) "Director" means the executive [public safety]
6770 director of the department.
6871 SECTION 5. Section 521.001(c), Transportation Code, is
6972 amended to read as follows:
7073 (c) The department by rule may define types of vehicles that
7174 are "motorcycles" for the purposes of this chapter, in addition to
7275 those defined under Subsection (a)(6-a), and[. The Texas
7376 Department of Motor Vehicles by rule may define the types of
7477 vehicles that are "motorcycles"] for the purposes of Chapters 501,
7578 502, and 503. This subsection applies only to vehicles
7679 manufactured by a manufacturer licensed under Chapter 2301,
7780 Occupations Code.
7881 SECTION 6. Subchapter C, Chapter 521, Transportation Code,
7982 is amended by adding Section 521.064 to read as follows:
8083 Sec. 521.064. REPRODUCTION OF RECORDS. (a) Except as
8184 provided by Subsection (b), the department may photograph,
8285 microphotograph, or film any record in connection with the issuance
8386 of a driver's license or commercial driver's license.
8487 (b) An original fingerprint card may not be photographed or
8588 filmed to dispose of the original record.
8689 (c) The department may create original records in
8790 micrographic form on media, such as computer output microfilm.
8891 (d) A photograph, microphotograph, or film of a record
8992 reproduced under Subsection (a) is equivalent to the original
9093 record for all purposes, including introduction as evidence in all
9194 courts and administrative agency proceedings. A certified or
9295 authenticated copy of such a photograph, microphotograph, or film
9396 is admissible as evidence equally with the original photograph,
9497 microphotograph, or film.
9598 (e) The director or an authorized representative may
9699 certify the authenticity of a photograph, microphotograph, or film
97100 of a record reproduced under this section and shall charge a fee for
98101 the certified photograph, microphotograph, or film as provided by
99102 law.
100103 (f) Certified records shall be furnished to any person who
101104 is authorized by law to receive them.
102105 SECTION 7. Section 521.103, Transportation Code, is amended
103106 by adding Subsection (d) to read as follows:
104- (d) The Department of Public Safety may access any
105- photograph of a person described by Subsection (a) that is made
106- available to the department through the process of issuing a
107- personal identification certificate under this section, including
108- a renewal, duplicate, or corrected certificate, for use by the
109- Department of Public Safety for purposes of Article 62.005(c), Code
110- of Criminal Procedure.
107+ (d) The department shall promptly send to the Department of
108+ Public Safety any photograph of a person described by Subsection
109+ (a) that is made available to the department through the process of
110+ issuing a personal identification certificate under this section,
111+ including a renewal, duplicate, or corrected certificate, for use
112+ by the Department of Public Safety for purposes of Article
113+ 62.005(c), Code of Criminal Procedure.
111114 SECTION 8. Section 521.247, Transportation Code, is amended
112115 to read as follows:
113116 Sec. 521.247. APPROVAL OF IGNITION INTERLOCK DEVICES BY
114117 DEPARTMENT OF PUBLIC SAFETY. (a) The Department of Public Safety
115118 [department] shall adopt rules for the approval of ignition
116119 interlock devices used under this subchapter.
117120 (b) The Department of Public Safety [department] by rule
118121 shall establish general standards for the calibration and
119122 maintenance of the devices. The manufacturer or an authorized
120123 representative of the manufacturer is responsible for calibrating
121124 and maintaining the device.
122125 (c) If the Department of Public Safety [department]
123126 approves a device, the Department of Public Safety [department]
124127 shall notify the manufacturer of that approval in writing. Written
125128 notice from the Department of Public Safety [department] to a
126129 manufacturer is admissible in a civil or criminal proceeding in
127130 this state. The manufacturer shall reimburse the Department of
128131 Public Safety [department] for any cost incurred by the Department
129132 of Public Safety [department] in approving the device.
130133 (d) The Department of Public Safety [department] is not
131134 liable in a civil or criminal proceeding that arises from the use of
132135 an approved device.
133136 SECTION 9. Section 521.2475, Transportation Code, is
134137 amended to read as follows:
135138 Sec. 521.2475. IGNITION INTERLOCK DEVICE EVALUATION. (a)
136139 On January 1 of each year, the Department of Public Safety
137140 [department] shall issue an evaluation of each ignition interlock
138141 device approved under Section 521.247 using guidelines established
139142 by the National Highway Traffic Safety Administration, including:
140143 (1) whether the device provides accurate detection of
141144 alveolar air;
142145 (2) the moving retest abilities of the device;
143146 (3) the use of tamper-proof blood alcohol content
144147 level software by the device;
145148 (4) the anticircumvention design of the device;
146149 (5) the recalibration requirements of the device; and
147150 (6) the breath action required by the operator.
148151 (b) The Department of Public Safety [department] shall
149152 assess the cost of preparing the evaluation equally against each
150153 manufacturer of an approved device.
151154 SECTION 10. Sections 521.2476(a), (b), (c), and (d),
152155 Transportation Code, are amended to read as follows:
153156 (a) The Department of Public Safety [department] by rule
154157 shall establish:
155158 (1) minimum standards for vendors of ignition
156159 interlock devices who conduct business in this state; and
157160 (2) procedures to ensure compliance with those
158161 standards, including procedures for the inspection of a vendor's
159162 facilities.
160163 (b) The minimum standards shall require each vendor to:
161164 (1) be authorized by the Department of Public Safety
162165 [department] to do business in this state;
163166 (2) install a device only if the device is approved
164167 under Section 521.247;
165168 (3) obtain liability insurance providing coverage for
166169 damages arising out of the operation or use of devices in amounts
167170 and under the terms specified by the Department of Public Safety
168171 [department];
169172 (4) install the device and activate any
170173 anticircumvention feature of the device within a reasonable time
171174 after the vendor receives notice that installation is ordered by a
172175 court;
173176 (5) install and inspect the device in accordance with
174177 any applicable court order;
175178 (6) repair or replace a device not later than 48 hours
176179 after receiving notice of a complaint regarding the operation of
177180 the device;
178181 (7) submit a written report of any violation of a court
179182 order to that court and to the person's supervising officer, if any,
180183 not later than 48 hours after the vendor discovers the violation;
181184 (8) maintain a record of each action taken by the
182185 vendor with respect to each device installed by the vendor,
183186 including each action taken as a result of an attempt to circumvent
184187 the device, until at least the fifth anniversary after the date of
185188 installation;
186189 (9) make a copy of the record available for inspection
187190 by or send a copy of the record to any court, supervising officer,
188191 or the Department of Public Safety [department] on request; and
189192 (10) annually provide to the Department of Public
190193 Safety [department] a written report of each service and ignition
191194 interlock device feature made available by the vendor.
192195 (c) The Department of Public Safety [department] may revoke
193196 its [the department's] authorization for a vendor to do business in
194197 this state if the vendor or an officer or employee of the vendor
195198 violates:
196199 (1) any law of this state that applies to the vendor;
197200 or
198201 (2) any rule adopted by the Department of Public
199202 Safety [department] under this section or another law that applies
200203 to the vendor.
201204 (d) A vendor shall reimburse the Department of Public Safety
202205 [department] for the reasonable cost of conducting each inspection
203206 of the vendor's facilities under this section.
204207 SECTION 11. Section 521.272, Transportation Code, is
205208 amended by adding Subsection (e) to read as follows:
206- (e) The Department of Public Safety may access any
207- photograph of a person described by Subsection (a) that is made
208- available to the department through the process of issuing a
209- driver's license under this section, including a renewal,
209+ (e) The department shall promptly send to the Department of
210+ Public Safety any photograph of a person described by Subsection
211+ (a) that is made available to the department through the process of
212+ issuing a driver's license under this section, including a renewal,
210213 duplicate, or corrected license, for use by the Department of
211214 Public Safety for purposes of Article 62.005(c), Code of Criminal
212215 Procedure.
213216 SECTION 12. Section 522.003(8), Transportation Code, is
214217 amended to read as follows:
215218 (8) "Department" means the Texas Department of Motor
216219 Vehicles [Public Safety].
217220 SECTION 13. Section 522.007, Transportation Code, is
218221 amended to read as follows:
219222 Sec. 522.007. EXEMPTION FOR NEIGHBORING STATES. (a) The
220223 executive [public safety] director of the department shall enter
221224 negotiations with an appropriate person or entity of a state
222225 bordering this state for the purpose of applying the exemption
223226 contained in Section 522.004(a)(1) to residents of that state.
224227 (b) The executive [public safety] director of the
225228 department may enter an agreement to apply the exemption contained
226229 in Section 522.004(a)(1) to residents of a bordering state only if
227230 that state extends a similar exemption to residents of this state.
228231 SECTION 14. Section 522.152(d), Transportation Code, is
229232 amended to read as follows:
230233 (d) The organization shall submit an annual report to the
231234 executive director of the department that includes the total dollar
232235 amount of contributions received by the organization under this
233236 section.
234237 SECTION 15. Sections 523.003(2) and (5), Transportation
235238 Code, are amended to read as follows:
236239 (2) "Executive director" means the executive director
237240 of the Texas Department of Motor Vehicles [Public Safety] or the
238241 equivalent officer of another state.
239242 (5) "Licensing authority" means the Texas Department
240243 of Motor Vehicles [Public Safety] or the equivalent agency of
241244 another state.
242245 SECTION 16. Sections 524.001(8) and (9), Transportation
243246 Code, are amended to read as follows:
244247 (8) "Department" means the Texas Department of Motor
245248 Vehicles [Public Safety].
246249 (9) "Director" means the executive [public safety]
247250 director of the department.
248251 SECTION 17. Section 525.001(b), Transportation Code, is
249252 amended to read as follows:
250253 (b) The Texas Department of Motor Vehicles [Public Safety]
251254 shall include motorcycle and bicycle awareness information in [any
252255 edition of] the Texas driver's handbook [published after the
253256 department exhausts the supply of the handbook that the department
254257 had on September 1, 1993].
255258 SECTION 18. Section 543.112(b), Transportation Code, is
256259 amended to read as follows:
257260 (b) The uniform certificate of course completion must
258261 include an identifying number by which the Texas Department of
259262 Licensing and Regulation, the court, [or] the department, or the
260263 Texas Department of Motor Vehicles may verify its authenticity with
261264 the course provider and must be in a form adopted by the Texas
262265 Department of Licensing and Regulation.
263266 SECTION 19. Section 601.002(1), Transportation Code, is
264267 amended to read as follows:
265268 (1) "Department" means the Texas Department of Motor
266269 Vehicles [Public Safety].
267270 SECTION 20. Subchapter A, Chapter 601, Transportation Code,
268271 is amended by adding Section 601.010 to read as follows:
269- Sec. 601.010. ACCESS TO RECORDS BY DEPARTMENT OF PUBLIC
270- SAFETY. The Department of Public Safety may access the
271- department's records relating to the suspension of a driver's
272- license and vehicle registration under this chapter.
272+ Sec. 601.010. NOTICE TO DEPARTMENT OF PUBLIC SAFETY. The
273+ department shall promptly send notice to the Department of Public
274+ Safety of the suspension of a driver's license and vehicle
275+ registration under this chapter.
273276 SECTION 21. Section 601.023, Transportation Code, is
274277 amended to read as follows:
275278 Sec. 601.023. PAYMENT OF STATUTORY FEES. The department
276279 may pay[:
277280 [(1) a statutory fee required by the Texas Department
278281 of Motor Vehicles for a certified abstract or in connection with
279282 suspension of a vehicle registration; or
280283 [(2)] a statutory fee payable to the comptroller for
281284 issuance of a certificate of deposit required by Section 601.122.
282285 SECTION 22. Section 601.233(a), Transportation Code, is
283286 amended to read as follows:
284287 (a) A citation for an offense under Section 601.191 issued
285288 as a result of Section 601.053 must include, in type larger than
286289 other type on the citation, except for the type of the statement
287290 required by Section 708.105, the following statement:
288291 "A second or subsequent conviction of an offense under
289292 the Texas Motor Vehicle Safety Responsibility Act will
290293 result in the suspension of your driver's license and
291294 motor vehicle registration unless you file and
292295 maintain evidence of financial responsibility with the
293296 Texas Department of Motor Vehicles [Public Safety] for
294297 two years from the date of conviction. The department
295298 may waive the requirement to file evidence of
296299 financial responsibility if you file satisfactory
297300 evidence with the department showing that at the time
298301 this citation was issued, the vehicle was covered by a
299302 motor vehicle liability insurance policy or that you
300303 were otherwise exempt from the requirements to provide
301304 evidence of financial responsibility."
302305 SECTION 23. Section 601.451, Transportation Code, is
303306 amended to read as follows:
304307 Sec. 601.451. DEFINITION. In this subchapter,
305308 "implementing agencies" means:
306309 (1) the department;
307310 (2) [the Texas Department of Motor Vehicles;
308311 [(3)] the Texas Department of Insurance; and
309312 (3) [(4)] the Department of Information Resources.
310313 SECTION 24. Section 662.011(a), Transportation Code, is
311314 amended to read as follows:
312315 (a) Of each fee collected under Sections 521.421(b) and (f)
313316 and Sections 522.029(f) and (g), the Texas Department of Motor
314317 Vehicles [Public Safety] shall send $5 to the comptroller for
315318 deposit to the credit of the motorcycle education fund account.
316319 SECTION 25. Section 703.001(2), Transportation Code, is
317320 amended to read as follows:
318321 (2) "Department" and "licensing authority" mean the
319322 Texas Department of Motor Vehicles [Public Safety].
320323 SECTION 26. Section 706.001(2), Transportation Code, is
321324 amended to read as follows:
322325 (2) "Department" means the Texas Department of Motor
323326 Vehicles [Public Safety].
324327 SECTION 27. Section 706.008(c), Transportation Code, is
325328 amended to read as follows:
326329 (c) Except for an action based on a citation issued by a
327330 peace officer employed by the Department of Public Safety
328331 [department], the vendor may not be compensated with state money.
329332 SECTION 28. Section 724.001(7), Transportation Code, is
330333 amended to read as follows:
331334 (7) "Department" means the Texas Department of Motor
332335 Vehicles [Public Safety].
333336 SECTION 29. Section 724.016, Transportation Code, is
334337 amended to read as follows:
335338 Sec. 724.016. BREATH SPECIMEN. (a) A breath specimen taken
336339 at the request or order of a peace officer must be taken and
337340 analyzed under rules of the Department of Public Safety
338341 [department] by an individual possessing a certificate issued by
339342 the Department of Public Safety [department] certifying that the
340343 individual is qualified to perform the analysis.
341344 (b) The Department of Public Safety [department] may:
342345 (1) adopt rules approving satisfactory analytical
343346 methods; and
344347 (2) ascertain the qualifications of an individual to
345348 perform the analysis.
346349 (c) The Department of Public Safety [department] may revoke
347350 a certificate for cause.
348351 SECTION 30. Sections 724.032(a) and (b), Transportation
349352 Code, are amended to read as follows:
350353 (a) If a person refuses to submit to the taking of a
351354 specimen, whether expressly or because of an intentional failure of
352355 the person to give the specimen, the peace officer shall:
353356 (1) serve notice of license suspension or denial on
354357 the person;
355358 (2) take possession of any license issued by this
356359 state and held by the person arrested;
357360 (3) issue a temporary driving permit to the person
358361 unless department records show or the officer otherwise determines
359362 that the person does not hold a license to operate a motor vehicle
360363 in this state; and
361364 (4) make a written report of the refusal to the
362365 executive director of the department.
363366 (b) The executive director of the department must approve
364367 the form of the refusal report. The report must:
365368 (1) show the grounds for the officer's belief that the
366369 person had been operating a motor vehicle or watercraft powered
367370 with an engine having a manufacturer's rating of 50 horsepower or
368371 above while intoxicated; and
369372 (2) contain a copy of:
370373 (A) the refusal statement requested under
371374 Section 724.031; or
372375 (B) a statement signed by the officer that the
373376 person refused to:
374377 (i) submit to the taking of the requested
375378 specimen; and
376379 (ii) sign the requested statement under
377380 Section 724.031.
378381 SECTION 31. Subchapter C, Chapter 724, Transportation Code,
379382 is amended by adding Section 724.0345 to read as follows:
380- Sec. 724.0345. ACCESS TO RECORDS BY DEPARTMENT OF PUBLIC
381- SAFETY. The Department of Public Safety may access the
382- department's records relating to the suspension or denial of a
383- driver's license.
383+ Sec. 724.0345. NOTICE TO DEPARTMENT OF PUBLIC SAFETY. The
384+ department shall promptly send a copy of each notice of suspension
385+ or denial of a license to the Department of Public Safety.
384386 SECTION 32. Section 411.0111, Government Code, is
385387 transferred to Chapter 1003, Transportation Code, and redesignated
386388 as Section 1003.008, Transportation Code, to read as follows:
387389 Sec. 1003.008 [411.0111]. PROVISION OF CERTAIN INFORMATION
388390 TO COMPTROLLER. (a) Not later than June 1 of every fifth year, the
389391 department shall provide to the comptroller, for the purpose of
390392 assisting the comptroller in the identification of persons entitled
391393 to unclaimed property reported to the comptroller, the name,
392394 address, social security number, date of birth, and driver's
393395 license or state identification number of each person about whom
394396 the department has such information in its records.
395397 (b) Information provided to the comptroller under this
396398 section is confidential and may not be disclosed to the public.
397399 (c) The department shall provide the information in the
398400 format prescribed by rule of the comptroller.
399- SECTION 33. Section 1001.004, Transportation Code, is
400- amended to read as follows:
401- Sec. 1001.004. DIVISIONS. The executive director shall
402- organize the department into divisions to accomplish the
403- department's functions and the duties assigned to the department,
404- including a division reporting directly to the executive director
405- and the deputy executive director that administers the following
406- duties:
407- (1) the issuance of driver's licenses under Chapters
408- 521 and 522;
409- (2) the issuance of personal identification
410- certificates under Chapter 521;
411- (3) the issuance of election identification
412- certificates under Chapter 521A; and
413- (4) the registration of voters during the issuance or
414- renewal of a driver's license or personal identification
415- certificate.
416- SECTION 34. Sections 106.115(b-2), (d), and (e), Alcoholic
401+ SECTION 33. Sections 106.115(b-2), (d), and (e), Alcoholic
417402 Beverage Code, are amended to read as follows:
418403 (b-2) For purposes of Subsection (b-1), if the defendant is
419404 enrolled in an institution of higher education located in a county
420405 in which access to an alcohol awareness program is readily
421406 available, the court may consider the defendant to be a resident of
422407 that county. If the defendant is not enrolled in such an
423408 institution of higher education or if the court does not consider
424409 the defendant to be a resident of the county in which the
425410 institution is located, the defendant's residence is the residence
426411 listed on the defendant's driver's license or personal
427412 identification certificate issued by the Texas Department of Motor
428413 Vehicles [Public Safety]. If the defendant does not have a driver's
429414 license or personal identification certificate issued by the Texas
430415 Department of Motor Vehicles [Public Safety], the defendant's
431416 residence is the residence on the defendant's voter registration
432417 certificate. If the defendant is not registered to vote, the
433418 defendant's residence is the residence on file with the public
434419 school district on which the defendant's enrollment is based. If
435420 the defendant is not enrolled in public school, the defendant's
436421 residence is determined as provided by commission rule.
437422 (d) If the defendant does not present the required evidence
438423 within the prescribed period, the court:
439424 (1) shall order the Texas Department of Motor Vehicles
440425 [Public Safety] to:
441426 (A) suspend the defendant's driver's license or
442427 permit for a period not to exceed six months or, if the defendant
443428 does not have a license or permit, to deny the issuance of a license
444429 or permit to the defendant for that period; or
445430 (B) if the defendant has been previously
446431 convicted of an offense under one or more of the sections listed in
447432 Subsection (a), suspend the defendant's driver's license or permit
448433 for a period not to exceed one year or, if the defendant does not
449434 have a license or permit, to deny the issuance of a license or
450435 permit to the defendant for that period; and
451436 (2) may order the defendant or the parent, managing
452437 conservator, or guardian of the defendant to do any act or refrain
453438 from doing any act if the court determines that doing the act or
454439 refraining from doing the act will increase the likelihood that the
455440 defendant will present evidence to the court that the defendant has
456441 satisfactorily completed an alcohol awareness program or performed
457442 the required hours of community service.
458443 (e) The Texas Department of Motor Vehicles [Public Safety]
459444 shall send notice of the suspension or prohibition order issued
460445 under Subsection (d) by first class mail to the defendant. The
461446 notice must include the date of the suspension or prohibition
462447 order, the reason for the suspension or prohibition, and the period
463448 covered by the suspension or prohibition.
464- SECTION 35. Section 106.15(e), Alcoholic Beverage Code, is
449+ SECTION 34. Section 106.15(e), Alcoholic Beverage Code, is
465450 amended to read as follows:
466451 (e) A person does not commit an offense under Subsection (a)
467452 if the person younger than 18 years of age falsely represents the
468453 person's age to be at least 18 years of age by displaying an
469454 apparently valid Texas driver's license or an identification card
470455 issued by the Texas Department of Motor Vehicles [Public Safety]
471456 containing a physical description consistent with the person's
472457 appearance.
473- SECTION 36. Section 20.23(b), Business & Commerce Code, is
458+ SECTION 35. Section 20.23(b), Business & Commerce Code, is
474459 amended to read as follows:
475460 (b) Information or documentation that identifies a
476461 protected consumer or a representative of a protected consumer is
477462 considered sufficient proof of identity for purposes of this
478463 subchapter, including:
479464 (1) a social security number or a copy of the social
480465 security card issued by the United States Social Security
481466 Administration;
482467 (2) a certified or official copy of a birth
483468 certificate issued by the entity authorized to issue the birth
484469 certificate;
485470 (3) a copy of a driver's license or identification card
486471 issued by the Texas Department of Motor Vehicles [Public Safety];
487472 or
488473 (4) any other government-issued identification.
489- SECTION 37. Article 42.016, Code of Criminal Procedure, is
474+ SECTION 36. Article 42.016, Code of Criminal Procedure, is
490475 amended to read as follows:
491476 Art. 42.016. SPECIAL DRIVER'S LICENSE OR IDENTIFICATION
492477 REQUIREMENTS FOR CERTAIN SEX OFFENDERS. If a person is convicted
493478 of, receives a grant of deferred adjudication for, or is
494479 adjudicated as having engaged in delinquent conduct based on a
495480 violation of an offense for which a conviction or adjudication
496481 requires registration as a sex offender under Chapter 62, the court
497482 shall:
498483 (1) issue an order requiring the Texas Department of
499484 Motor Vehicles [Public Safety] to include in any driver's license
500485 record or personal identification certificate record maintained by
501486 the department for the person an indication that the person is
502487 subject to the registration requirements of Chapter 62;
503488 (2) require the person to apply to the Texas
504489 Department of Motor Vehicles [Public Safety] in person for an
505490 original or renewal driver's license or personal identification
506491 certificate not later than the 30th day after the date the person is
507492 released or the date the department sends written notice to the
508493 person of the requirements of Article 62.060, as applicable, and to
509494 annually renew the license or certificate;
510495 (3) notify the person of the consequence of the
511496 conviction or order of deferred adjudication as it relates to the
512497 order issued under this article; and
513498 (4) send to the Texas Department of Motor Vehicles
514499 [Public Safety] a copy of the record of conviction, a copy of the
515500 order granting deferred adjudication, or a copy of the juvenile
516501 adjudication, as applicable, and a copy of the order issued under
517502 this article.
518- SECTION 38. Article 42A.403(a), Code of Criminal Procedure,
503+ SECTION 37. Article 42A.403(a), Code of Criminal Procedure,
519504 is amended to read as follows:
520505 (a) A judge who places on community supervision a defendant
521506 convicted of an offense under Sections 49.04-49.08, Penal Code,
522507 shall require as a condition of community supervision that the
523508 defendant attend and successfully complete, before the 181st day
524509 after the date community supervision is granted, an educational
525510 program designed to rehabilitate persons who have driven while
526511 intoxicated that is jointly approved by:
527512 (1) the Texas Department of Licensing and Regulation;
528513 (2) the Texas Department of Motor Vehicles [Public
529514 Safety];
530515 (3) the traffic safety section of the traffic
531516 operations division of the Texas Department of Transportation; and
532517 (4) the community justice assistance division of the
533518 Texas Department of Criminal Justice.
534- SECTION 39. Article 42A.406, Code of Criminal Procedure, is
519+ SECTION 38. Article 42A.406, Code of Criminal Procedure, is
535520 amended to read as follows:
536521 Art. 42A.406. EFFECT OF EDUCATIONAL PROGRAM REQUIREMENTS ON
537522 DRIVING RECORD AND LICENSE. (a) If a defendant is required as a
538523 condition of community supervision to attend an educational program
539524 under Article 42A.403 or 42A.404, or if the court waives the
540525 educational program requirement under Article 42A.403 or the
541526 defendant successfully completes equivalent education under
542527 Article 42A.4045, the court clerk shall immediately report that
543528 fact to the Texas Department of Motor Vehicles [Public Safety], on a
544529 form prescribed by the department, for inclusion in the defendant's
545530 driving record. If the court grants an extension of time in which
546531 the defendant may complete the educational program under Article
547532 42A.403, the court clerk shall immediately report that fact to the
548533 Texas Department of Motor Vehicles [Public Safety] on a form
549534 prescribed by the department. The clerk's report under this
550535 subsection must include the beginning date of the defendant's
551536 community supervision.
552537 (b) On the defendant's successful completion of an
553538 educational program under Article 42A.403 or 42A.404, the
554539 defendant's instructor shall give notice to the Texas Department of
555540 Motor Vehicles [Public Safety] for inclusion in the defendant's
556541 driving record and to the community supervision and corrections
557542 department. The community supervision and corrections department
558543 shall forward the notice to the court clerk for filing.
559544 (c) [(b-1)] Upon release from a residential treatment
560545 facility at which the person successfully completed equivalent
561546 education under Article 42A.4045, at the request of the court
562547 clerk, the director of the residential treatment facility shall
563548 give notice to the Texas Department of Motor Vehicles [Public
564549 Safety] for inclusion in the person's driving record.
565550 (d) [(c)] If the Texas Department of Motor Vehicles [Public
566551 Safety] does not receive notice that a defendant required to
567552 complete an educational program has successfully completed the
568553 program within the period required by the judge under this
569554 subchapter, as shown on department records, the department, as
570555 provided by Sections 521.344(e) and (f), Transportation Code,
571556 shall:
572557 (1) revoke the defendant's driver's license; or
573558 (2) prohibit the defendant from obtaining a license.
574559 (e) [(d)] The Texas Department of Motor Vehicles [Public
575560 Safety] may not reinstate a license revoked under Subsection (d)
576561 [(c)] as the result of an educational program requirement imposed
577562 under Article 42A.403 unless the defendant whose license was
578563 revoked applies to the department for reinstatement of the license
579564 and pays to the department a reinstatement fee of $100. The Texas
580565 Department of Motor Vehicles [Public Safety] shall remit all fees
581566 collected under this subsection to the comptroller for deposit in
582567 the general revenue fund.
583- SECTION 40. Articles 42A.407(c) and (e), Code of Criminal
568+ SECTION 39. Articles 42A.407(c) and (e), Code of Criminal
584569 Procedure, are amended to read as follows:
585570 (c) If the Texas Department of Motor Vehicles [Public
586571 Safety] receives notice that a defendant has been required to
587572 attend a subsequent educational program under Article 42A.403 or
588573 42A.404, although the previously required attendance had been
589574 waived, but the judge has not ordered a period of suspension, the
590575 department shall:
591576 (1) suspend the defendant's driver's license; or
592577 (2) issue an order prohibiting the defendant from
593578 obtaining a license for a period of one year.
594579 (e) The suspension of a defendant's driver's license under
595580 Subsection (d) shall be reported to the Texas Department of Motor
596581 Vehicles [Public Safety] as provided under Section 521.347,
597582 Transportation Code.
598- SECTION 41. Articles 45.050(c) and (f), Code of Criminal
583+ SECTION 40. Articles 45.050(c) and (f), Code of Criminal
599584 Procedure, are amended to read as follows:
600585 (c) If a child fails to obey an order of a justice or
601586 municipal court under circumstances that would constitute contempt
602587 of court, the justice or municipal court, after providing notice
603588 and an opportunity to be heard, may:
604589 (1) refer the child to the appropriate juvenile court
605590 for delinquent conduct for contempt of the justice or municipal
606591 court order; or
607592 (2) retain jurisdiction of the case, hold the child in
608593 contempt of the justice or municipal court, and order either or both
609594 of the following:
610595 (A) that the contemnor pay a fine not to exceed
611596 $500; or
612597 (B) that the Texas Department of Motor Vehicles
613598 [Public Safety] suspend the contemnor's driver's license or permit
614599 or, if the contemnor does not have a license or permit, to deny the
615600 issuance of a license or permit to the contemnor until the contemnor
616601 fully complies with the orders of the court.
617602 (f) A court that orders suspension or denial of a driver's
618603 license or permit under Subsection (c)(2)(B) shall notify the Texas
619604 Department of Motor Vehicles [Public Safety] on receiving proof of
620605 compliance with the orders of the court.
621- SECTION 42. Articles 45.051(b-1) and (b-3), Code of
606+ SECTION 41. Articles 45.051(b-1) and (b-3), Code of
622607 Criminal Procedure, are amended to read as follows:
623608 (b-1) If the defendant is younger than 25 years of age and
624609 the offense committed by the defendant is a traffic offense
625610 classified as a moving violation:
626611 (1) Subsection (b)(8) does not apply;
627612 (2) during the deferral period, the judge:
628613 (A) shall require the defendant to complete a
629614 driving safety course approved under Chapter 1001, Education Code;
630615 and
631616 (B) may require the defendant to complete an
632617 additional driving safety course designed for drivers younger than
633618 25 years of age and approved under Section 1001.111, Education
634619 Code; and
635620 (3) if the defendant holds a provisional license,
636621 during the deferral period the judge shall require that the
637622 defendant be examined by the Texas Department of Motor Vehicles
638623 [Public Safety] as required by Section 521.161(b)(2),
639624 Transportation Code; a defendant is not exempt from the examination
640625 regardless of whether the defendant was examined previously.
641626 (b-3) The fee collected under Subsection (b-2) must be
642627 deposited to the credit of the Texas Department of Motor Vehicles
643628 fund [a special account in the general revenue fund] and may be used
644629 only by the Texas Department of Motor Vehicles [Public Safety] for
645630 the administration of Chapter 521, Transportation Code.
646- SECTION 43. Articles 45.0511(c), (c-1), and (l), Code of
631+ SECTION 42. Articles 45.0511(c), (c-1), and (l), Code of
647632 Criminal Procedure, are amended to read as follows:
648633 (c) The court shall enter judgment on the defendant's plea
649634 of no contest or guilty at the time the plea is made, defer
650635 imposition of the judgment, and allow the defendant 90 days to
651636 successfully complete the approved driving safety course or
652637 motorcycle operator training course and present to the court:
653638 (1) a uniform certificate of completion of the driving
654639 safety course or a verification of completion of the motorcycle
655640 operator training course;
656641 (2) unless the judge proceeds under Subsection (c-1),
657642 the defendant's driving record as maintained by the Texas
658643 Department of Motor Vehicles [Public Safety], if any, showing that
659644 the defendant had not completed an approved driving safety course
660645 or motorcycle operator training course, as applicable, within the
661646 12 months preceding the date of the offense;
662647 (3) an affidavit stating that the defendant was not
663648 taking a driving safety course or motorcycle operator training
664649 course, as applicable, under this article on the date the request to
665650 take the course was made and had not completed such a course that is
666651 not shown on the defendant's driving record within the 12 months
667652 preceding the date of the offense; and
668653 (4) if the defendant does not have a valid Texas
669654 driver's license or permit and is a member, or the spouse or
670655 dependent child of a member, of the United States military forces
671656 serving on active duty, an affidavit stating that the defendant was
672657 not taking a driving safety course or motorcycle operator training
673658 course, as appropriate, in another state on the date the request to
674659 take the course was made and had not completed such a course within
675660 the 12 months preceding the date of the offense.
676661 (c-1) In this subsection, "state electronic Internet
677662 portal" has the meaning assigned by Section 2054.003, Government
678663 Code. As an alternative to receiving the defendant's driving
679664 record under Subsection (c)(2), the judge, at the time the
680665 defendant requests a driving safety course or motorcycle operator
681666 training course dismissal under this article, may require the
682667 defendant to pay a fee in an amount equal to the sum of the amount of
683668 the fee established by Section 521.048, Transportation Code, and
684669 the state electronic Internet portal fee and, using the state
685670 electronic Internet portal, may request the Texas Department of
686671 Motor Vehicles [Public Safety] to provide the judge with a copy of
687672 the defendant's driving record that shows the information described
688673 by Section 521.047(b), Transportation Code. As soon as
689674 practicable and using the state electronic Internet portal, the
690675 Texas Department of Motor Vehicles [Public Safety] shall provide
691676 the judge with the requested copy of the defendant's driving
692677 record. The fee authorized by this subsection is in addition to
693678 any other fee required under this article. If the copy of the
694679 defendant's driving record provided to the judge under this
695680 subsection shows that the defendant has not completed an approved
696681 driving safety course or motorcycle operator training course, as
697682 appropriate, within the 12 months preceding the date of the
698683 offense, the judge shall allow the defendant to complete the
699684 appropriate course as provided by this article. The custodian of a
700685 municipal or county treasury who receives fees collected under this
701686 subsection shall keep a record of the fees and, without deduction or
702687 proration, forward the fees to the comptroller, with and in the
703688 manner required for other fees and costs received in connection
704689 with criminal cases. The comptroller shall credit fees received
705690 under this subsection to the Texas Department of Motor Vehicles
706691 [Public Safety].
707692 (l) When a defendant complies with Subsection (c), the court
708693 shall:
709694 (1) remove the judgment and dismiss the charge;
710695 (2) report the fact that the defendant successfully
711696 completed a driving safety course or a motorcycle operator training
712697 course and the date of completion to the Texas Department of Motor
713698 Vehicles [Public Safety] for inclusion in the person's driving
714699 record; and
715700 (3) state in that report whether the course was taken
716701 under this article to provide information necessary to determine
717702 eligibility to take a subsequent course under Subsection (b).
718- SECTION 44. Article 45.052(d), Code of Criminal Procedure,
703+ SECTION 43. Article 45.052(d), Code of Criminal Procedure,
719704 is amended to read as follows:
720705 (d) A charge dismissed under this article may not be part of
721706 the defendant's criminal record or driving record or used for any
722707 purpose. However, if the charge was for a traffic offense, the
723708 court shall report to the Texas Department of Motor Vehicles
724709 [Public Safety] that the defendant successfully completed the teen
725710 court program and the date of completion for inclusion in the
726711 defendant's driving record.
727- SECTION 45. (a) This section takes effect only if the Act
712+ SECTION 44. (a) This section takes effect only if the Act
728713 of the 86th Legislature, Regular Session, 2019, relating to
729714 nonsubstantive additions to and corrections in enacted codes
730715 becomes law.
731716 (b) Article 62.053(a), Code of Criminal Procedure, as
732717 amended by Chapters 329 (H.B. 355) and 924 (S.B. 1553), Acts of the
733718 85th Legislature, Regular Session, 2017, is reenacted and amended
734719 to read as follows:
735720 (a) Before a person who will be subject to registration
736721 under this chapter is due to be released from a penal institution,
737722 the Texas Department of Criminal Justice or the Texas Juvenile
738723 Justice Department shall determine the person's level of risk to
739724 the community using the sex offender screening tool developed or
740725 selected under Article 62.007 and assign to the person a numeric
741726 risk level of one, two, or three. Before releasing the person, an
742727 official of the penal institution shall:
743728 (1) inform the person that:
744729 (A) not later than the later of the seventh day
745730 after the date on which the person is released or after the date on
746731 which the person moves from a previous residence to a new residence
747732 in this state or not later than the first date the applicable local
748733 law enforcement authority by policy allows the person to register
749734 or verify registration, the person must register or verify
750735 registration with the local law enforcement authority in the
751736 municipality or county in which the person intends to reside;
752737 (B) not later than the seventh day after the date
753738 on which the person is released or the date on which the person
754739 moves from a previous residence to a new residence in this state,
755740 the person must, if the person has not moved to an intended
756741 residence, report to the applicable entity or entities as required
757742 by Article 62.051(h) or (j) or 62.055(e);
758743 (C) not later than the seventh day before the
759744 date on which the person moves to a new residence in this state or
760745 another state, the person must report in person to the local law
761746 enforcement authority designated as the person's primary
762747 registration authority by the department and to the juvenile
763748 probation officer, community supervision and corrections
764749 department officer, or parole officer supervising the person;
765750 (D) not later than the 10th day after the date on
766751 which the person arrives in another state in which the person
767752 intends to reside, the person must register with the law
768753 enforcement agency that is identified by the department as the
769754 agency designated by that state to receive registration
770755 information, if the other state has a registration requirement for
771756 sex offenders;
772757 (E) not later than the 30th day after the date on
773758 which the person is released, the person must apply to the Texas
774759 Department of Motor Vehicles [department] in person for the
775760 issuance of an original or renewal driver's license or personal
776761 identification certificate and a failure to apply to the Texas
777762 Department of Motor Vehicles [department] as required by this
778763 paragraph results in the automatic revocation of any driver's
779764 license or personal identification certificate issued by the Texas
780765 Department of Motor Vehicles [department] to the person;
781766 (F) the person must notify appropriate entities
782767 of any change in status as described by Article 62.057;
783768 (G) certain types of employment are prohibited
784769 under Article 62.063 for a person with a reportable conviction or
785770 adjudication for a sexually violent offense involving a victim
786771 younger than 14 years of age and occurring on or after September 1,
787772 2013; [and]
788773 (H) certain locations of residence are
789774 prohibited under Article 62.064 for a person with a reportable
790775 conviction or adjudication for an offense occurring on or after
791776 September 1, 2017, except as otherwise provided by that article;
792777 and
793778 (I) [(H)] if the person enters the premises of a
794779 school as described by Article 62.065 [62.064] and is subject to the
795780 requirements of that article, the person must immediately notify
796781 the administrative office of the school of the person's presence
797782 and the person's registration status under this chapter;
798783 (2) require the person to sign a written statement
799784 that the person was informed of the person's duties as described by
800785 Subdivision (1) or Subsection (g) or, if the person refuses to sign
801786 the statement, certify that the person was so informed;
802787 (3) obtain the address or, if applicable, a detailed
803788 description of each geographical location where the person expects
804789 to reside on the person's release and other registration
805790 information, including a photograph and complete set of
806791 fingerprints; and
807792 (4) complete the registration form for the person.
808- SECTION 46. (a) This section takes effect only if the Act
793+ SECTION 45. (a) This section takes effect only if the Act
809794 of the 86th Legislature, Regular Session, 2019, relating to
810795 nonsubstantive additions to and corrections in enacted codes does
811796 not become law.
812797 (b) Article 62.053(a), Code of Criminal Procedure, as
813798 amended by Chapters 329 (H.B. 355) and 924 (S.B. 1553), Acts of the
814799 85th Legislature, Regular Session, 2017, is reenacted and amended
815800 to read as follows:
816801 (a) Before a person who will be subject to registration
817802 under this chapter is due to be released from a penal institution,
818803 the Texas Department of Criminal Justice or the Texas Juvenile
819804 Justice Department shall determine the person's level of risk to
820805 the community using the sex offender screening tool developed or
821806 selected under Article 62.007 and assign to the person a numeric
822807 risk level of one, two, or three. Before releasing the person, an
823808 official of the penal institution shall:
824809 (1) inform the person that:
825810 (A) not later than the later of the seventh day
826811 after the date on which the person is released or after the date on
827812 which the person moves from a previous residence to a new residence
828813 in this state or not later than the first date the applicable local
829814 law enforcement authority by policy allows the person to register
830815 or verify registration, the person must register or verify
831816 registration with the local law enforcement authority in the
832817 municipality or county in which the person intends to reside;
833818 (B) not later than the seventh day after the date
834819 on which the person is released or the date on which the person
835820 moves from a previous residence to a new residence in this state,
836821 the person must, if the person has not moved to an intended
837822 residence, report to the applicable entity or entities as required
838823 by Article 62.051(h) or (j) or 62.055(e);
839824 (C) not later than the seventh day before the
840825 date on which the person moves to a new residence in this state or
841826 another state, the person must report in person to the local law
842827 enforcement authority designated as the person's primary
843828 registration authority by the department and to the juvenile
844829 probation officer, community supervision and corrections
845830 department officer, or parole officer supervising the person;
846831 (D) not later than the 10th day after the date on
847832 which the person arrives in another state in which the person
848833 intends to reside, the person must register with the law
849834 enforcement agency that is identified by the department as the
850835 agency designated by that state to receive registration
851836 information, if the other state has a registration requirement for
852837 sex offenders;
853838 (E) not later than the 30th day after the date on
854839 which the person is released, the person must apply to the Texas
855840 Department of Motor Vehicles [department] in person for the
856841 issuance of an original or renewal driver's license or personal
857842 identification certificate and a failure to apply to the Texas
858843 Department of Motor Vehicles [department] as required by this
859844 paragraph results in the automatic revocation of any driver's
860845 license or personal identification certificate issued by the Texas
861846 Department of Motor Vehicles [department] to the person;
862847 (F) the person must notify appropriate entities
863848 of any change in status as described by Article 62.057;
864849 (G) certain types of employment are prohibited
865850 under Article 62.063 for a person with a reportable conviction or
866851 adjudication for a sexually violent offense involving a victim
867852 younger than 14 years of age and occurring on or after September 1,
868853 2013; [and]
869854 (H) certain locations of residence are
870855 prohibited under Article 62.064, as added by Chapter 329 (H.B.
871856 355), Acts of the 85th Legislature, Regular Session, 2017, for a
872857 person with a reportable conviction or adjudication for an offense
873858 occurring on or after September 1, 2017, except as otherwise
874859 provided by that article; and
875860 (I) [(H)] if the person enters the premises of a
876861 school as described by Article 62.064, as added by Chapter 924 (S.B.
877862 1553), Acts of the 85th Legislature, Regular Session, 2017, and is
878863 subject to the requirements of that article, the person must
879864 immediately notify the administrative office of the school of the
880865 person's presence and the person's registration status under this
881866 chapter;
882867 (2) require the person to sign a written statement
883868 that the person was informed of the person's duties as described by
884869 Subdivision (1) or Subsection (g) or, if the person refuses to sign
885870 the statement, certify that the person was so informed;
886871 (3) obtain the address or, if applicable, a detailed
887872 description of each geographical location where the person expects
888873 to reside on the person's release and other registration
889874 information, including a photograph and complete set of
890875 fingerprints; and
891876 (4) complete the registration form for the person.
892- SECTION 47. Article 62.060, Code of Criminal Procedure, is
877+ SECTION 46. Article 62.060, Code of Criminal Procedure, is
893878 amended to read as follows:
894879 Art. 62.060. REQUIREMENTS RELATING TO DRIVER'S LICENSE OR
895880 PERSONAL IDENTIFICATION CERTIFICATE. (a) A person subject to
896881 registration under this chapter shall apply to the Texas Department
897882 of Motor Vehicles [department] in person for the issuance of, as
898883 applicable, an original or renewal driver's license under Section
899884 521.272, Transportation Code, an original or renewal personal
900885 identification certificate under Section 521.103, Transportation
901886 Code, or an original or renewal commercial driver's license or
902887 commercial learner's permit under Section 522.033, Transportation
903888 Code, not later than the 30th day after the date:
904889 (1) the person is released from a penal institution or
905890 is released by a court on community supervision or juvenile
906891 probation; or
907892 (2) the Texas Department of Motor Vehicles
908893 [department] sends written notice to the person of the requirements
909894 of this article.
910895 (b) The person shall annually renew in person each driver's
911896 license or personal identification certificate issued by the Texas
912897 Department of Motor Vehicles [department] to the person, including
913898 each renewal, duplicate, or corrected license or certificate, until
914899 the person's duty to register under this chapter expires.
915- SECTION 48. Article 62.2021(a), Code of Criminal Procedure,
900+ SECTION 47. Article 62.2021(a), Code of Criminal Procedure,
916901 is amended to read as follows:
917902 (a) Notwithstanding Article 62.060(b), a person subject to
918903 registration who is civilly committed as a sexually violent
919904 predator and resides at a civil commitment center shall renew the
920905 person's state-issued [department-issued] driver's license or
921906 personal identification certificate as prescribed by Section
922907 521.103, 521.272, or 522.033, Transportation Code, as applicable.
923- SECTION 49. Article 102.022(a), Code of Criminal Procedure,
908+ SECTION 48. Article 102.022(a), Code of Criminal Procedure,
924909 is amended to read as follows:
925910 (a) In this article, "moving violation" means an offense
926911 that:
927912 (1) involves the operation of a motor vehicle; and
928913 (2) is classified as a moving violation by the Texas
929914 Department of Motor Vehicles [Public Safety] under Section 708.052,
930915 Transportation Code.
931- SECTION 50. Section 1001.056(d), Education Code, is amended
916+ SECTION 49. Section 1001.056(d), Education Code, is amended
932917 to read as follows:
933918 (d) A certificate under this section must:
934919 (1) be in a form required by the department; and
935920 (2) include an identifying number by which the
936921 department, a court, [or] the Department of Public Safety, or the
937922 Texas Department of Motor Vehicles may verify its authenticity with
938923 the course provider.
939- SECTION 51. Section 1001.058(b), Education Code, is amended
924+ SECTION 50. Section 1001.058(b), Education Code, is amended
940925 to read as follows:
941926 (b) The advisory committee consists of 12 [eleven] members
942927 appointed for staggered six-year terms by the presiding officer of
943928 the commission, with the approval of the commission, as follows:
944929 (1) one member representing a driver education school
945930 that offers a traditional classroom course and in-car training;
946931 (2) one member representing a driver education school
947932 that offers a traditional classroom course, alternative methods of
948933 instruction, or in-car training;
949934 (3) one member representing a driving safety school
950935 offering a traditional classroom course or providing an alternative
951936 method of instruction;
952937 (4) one member representing a driving safety course
953938 provider approved for a traditional classroom course and for an
954939 alternative method of instruction;
955940 (5) one member representing a driving safety course
956941 provider approved for a traditional classroom course or for an
957942 alternative method of instruction;
958943 (6) one licensed instructor;
959944 (7) one representative of the Department of Public
960945 Safety;
961946 (8) one member representing a drug and alcohol driving
962947 awareness program course provider;
963948 (9) one member representing a parent-taught course
964949 provider; [and]
965950 (10) two members representing the public; and
966951 (11) one representative of the Texas Department of
967952 Motor Vehicles.
968- SECTION 52. Section 13.002(c), Election Code, is amended to
953+ SECTION 51. Section 13.002(c), Election Code, is amended to
969954 read as follows:
970955 (c) A registration application must include:
971956 (1) the applicant's first name, middle name, if any,
972957 last name, and former name, if any;
973958 (2) the month, day, and year of the applicant's birth;
974959 (3) a statement that the applicant is a United States
975960 citizen;
976961 (4) a statement that the applicant is a resident of the
977962 county;
978963 (5) a statement that the applicant has not been
979964 determined by a final judgment of a court exercising probate
980965 jurisdiction to be:
981966 (A) totally mentally incapacitated; or
982967 (B) partially mentally incapacitated without the
983968 right to vote;
984969 (6) a statement that the applicant has not been
985970 finally convicted of a felony or that the applicant is a felon
986971 eligible for registration under Section 13.001;
987972 (7) the applicant's residence address or, if the
988973 residence has no address, the address at which the applicant
989974 receives mail and a concise description of the location of the
990975 applicant's residence;
991976 (8) the following information:
992977 (A) the applicant's Texas driver's license number
993978 or the number of a personal identification card issued by the Texas
994979 Department of Motor Vehicles [Public Safety];
995980 (B) if the applicant has not been issued a number
996981 described by Paragraph (A), the last four digits of the applicant's
997982 social security number; or
998983 (C) a statement by the applicant that the
999984 applicant has not been issued a number described by Paragraph (A) or
1000985 (B);
1001986 (9) if the application is made by an agent, a statement
1002987 of the agent's relationship to the applicant; and
1003988 (10) the city and county in which the applicant
1004989 formerly resided.
1005- SECTION 53. Section 13.004(c), Election Code, is amended to
990+ SECTION 52. Section 13.004(c), Election Code, is amended to
1006991 read as follows:
1007992 (c) The following information furnished on a registration
1008993 application is confidential and does not constitute public
1009994 information for purposes of Chapter 552, Government Code:
1010995 (1) a social security number;
1011996 (2) a Texas driver's license number;
1012997 (3) a number of a personal identification card issued
1013998 by the Texas Department of Motor Vehicles [Public Safety];
1014999 (4) an indication that an applicant is interested in
10151000 working as an election judge;
10161001 (5) the residence address of the applicant, if the
10171002 applicant is a federal judge or state judge, as defined by Section
10181003 13.0021, the spouse of a federal judge or state judge, or an
10191004 individual to whom Section 552.1175, Government Code, applies and
10201005 the applicant:
10211006 (A) included an affidavit with the registration
10221007 application describing the applicant's status under this
10231008 subdivision, including an affidavit under Section 13.0021 if the
10241009 applicant is a federal judge or state judge or the spouse of a
10251010 federal judge or state judge;
10261011 (B) provided the registrar with an affidavit
10271012 describing the applicant's status under this subdivision,
10281013 including an affidavit under Section 15.0215 if the applicant is a
10291014 federal judge or state judge or the spouse of a federal judge or
10301015 state judge; or
10311016 (C) provided the registrar with a completed form
10321017 approved by the secretary of state for the purpose of notifying the
10331018 registrar of the applicant's status under this subdivision;
10341019 (6) the residence address of the applicant, if the
10351020 applicant, the applicant's child, or another person in the
10361021 applicant's household is a victim of family violence as defined by
10371022 Section 71.004, Family Code, who provided the registrar with:
10381023 (A) a copy of a protective order issued under
10391024 Chapter 85, Family Code, or a magistrate's order for emergency
10401025 protection issued under Article 17.292, Code of Criminal Procedure;
10411026 or
10421027 (B) other independent documentary evidence
10431028 necessary to show that the applicant, the applicant's child, or
10441029 another person in the applicant's household is a victim of family
10451030 violence;
10461031 (7) the residence address of the applicant, if the
10471032 applicant, the applicant's child, or another person in the
10481033 applicant's household is a victim of sexual assault or abuse,
10491034 stalking, or trafficking of persons who provided the registrar
10501035 with:
10511036 (A) a copy of a protective order issued under
10521037 Chapter 7A or Article 6.09, Code of Criminal Procedure, or a
10531038 magistrate's order for emergency protection issued under Article
10541039 17.292, Code of Criminal Procedure; or
10551040 (B) other independent documentary evidence
10561041 necessary to show that the applicant, the applicant's child, or
10571042 another person in the applicant's household is a victim of sexual
10581043 assault or abuse, stalking, or trafficking of persons; or
10591044 (8) the residence address of the applicant, if the
10601045 applicant:
10611046 (A) is a participant in the address
10621047 confidentiality program administered by the attorney general under
10631048 Subchapter C, Chapter 56, Code of Criminal Procedure; and
10641049 (B) provided the registrar with proof of
10651050 certification under Article 56.84, Code of Criminal Procedure.
1066- SECTION 54. Section 13.072(a), Election Code, is amended to
1051+ SECTION 53. Section 13.072(a), Election Code, is amended to
10671052 read as follows:
10681053 (a) Unless the registrar challenges the applicant, the
10691054 registrar shall approve the application if:
10701055 (1) the registrar determines that an application
10711056 complies with Section 13.002 and indicates that the applicant is
10721057 eligible for registration; and
10731058 (2) for an applicant who has not included a statement
10741059 described by Section 13.002(c)(8)(C), the registrar verifies with
10751060 the secretary of state:
10761061 (A) the applicant's Texas driver's license number
10771062 or number of a personal identification card issued by the Texas
10781063 Department of Motor Vehicles [Public Safety]; or
10791064 (B) the last four digits of the applicant's
10801065 social security number.
1081- SECTION 55. Section 13.122(a), Election Code, is amended to
1066+ SECTION 54. Section 13.122(a), Election Code, is amended to
10821067 read as follows:
10831068 (a) In addition to the other statements and spaces for
10841069 entering information that appear on an officially prescribed
10851070 registration application form, each official form must include:
10861071 (1) the statement: "I understand that giving false
10871072 information to procure a voter registration is perjury and a crime
10881073 under state and federal law.";
10891074 (2) a space for the applicant's registration number;
10901075 (3) a space for the applicant's Texas driver's license
10911076 number or number of a personal identification card issued by the
10921077 Texas Department of Motor Vehicles [Public Safety];
10931078 (4) a space for the applicant's telephone number;
10941079 (5) a space for the applicant's social security
10951080 number;
10961081 (6) a space for the applicant's sex;
10971082 (7) a statement indicating that the furnishing of the
10981083 applicant's telephone number and sex is optional;
10991084 (8) a space or box for indicating whether the
11001085 applicant or voter is submitting new registration information or a
11011086 change in current registration information;
11021087 (9) a statement instructing a voter who is using the
11031088 form to make a change in current registration information to enter
11041089 the voter's name and the changed information in the appropriate
11051090 spaces on the form;
11061091 (10) a statement that if the applicant declines to
11071092 register to vote, that fact will remain confidential and will be
11081093 used only for voter registration purposes;
11091094 (11) a statement that if the applicant does register
11101095 to vote, information regarding the agency or office to which the
11111096 application is submitted will remain confidential and will be used
11121097 only for voter registration purposes;
11131098 (12) a space or box for indicating whether the
11141099 applicant is interested in working as an election judge;
11151100 (13) a statement warning that a conviction for making
11161101 a false statement may result in imprisonment for up to the maximum
11171102 amount of time provided by law, a fine of up to the maximum amount
11181103 provided by law, or both the imprisonment and the fine; and
11191104 (14) any other voter registration information
11201105 required by federal law or considered appropriate and required by
11211106 the secretary of state.
1122- SECTION 56. Section 16.031(a), Election Code, is amended to
1107+ SECTION 55. Section 16.031(a), Election Code, is amended to
11231108 read as follows:
11241109 (a) The registrar shall cancel a voter's registration
11251110 immediately on receipt of:
11261111 (1) notice under Section 13.072(b) or 15.021 or a
11271112 response under Section 15.053 that the voter's residence is outside
11281113 the county;
11291114 (2) an abstract of the voter's death certificate under
11301115 Section 16.001(a) or an abstract of an application indicating that
11311116 the voter is deceased under Section 16.001(b);
11321117 (3) an abstract of a final judgment of the voter's
11331118 total mental incapacity, partial mental incapacity without the
11341119 right to vote, conviction of a felony, or disqualification under
11351120 Section 16.002, 16.003, or 16.004;
11361121 (4) notice under Section 112.012 that the voter has
11371122 applied for a limited ballot in another county;
11381123 (5) notice from a voter registration official in
11391124 another state that the voter has registered to vote outside this
11401125 state;
11411126 (6) notice from the early voting clerk under Section
11421127 101.053 that a federal postcard application submitted by an
11431128 applicant states a voting residence address located outside the
11441129 registrar's county; or
11451130 (7) notice from the secretary of state that the voter
11461131 has registered to vote in another county, as determined by the
11471132 voter's driver's license number or personal identification card
11481133 number issued by the Texas Department of Motor Vehicles [Public
11491134 Safety] or social security number.
1150- SECTION 57. Section 20.001(b), Election Code, is amended to
1135+ SECTION 56. Section 20.001(b), Election Code, is amended to
11511136 read as follows:
11521137 (b) The Texas Department of Motor Vehicles [Public Safety]
11531138 is designated as a voter registration agency.
1154- SECTION 58. The heading to Subchapter C, Chapter 20,
1139+ SECTION 57. The heading to Subchapter C, Chapter 20,
11551140 Election Code, is amended to read as follows:
11561141 SUBCHAPTER C. TEXAS DEPARTMENT OF MOTOR VEHICLES [PUBLIC SAFETY]
1157- SECTION 59. Section 20.061, Election Code, is amended to
1142+ SECTION 58. Section 20.061, Election Code, is amended to
11581143 read as follows:
11591144 Sec. 20.061. APPLICABILITY OF OTHER PROVISIONS. The other
11601145 provisions of this chapter apply to the Texas Department of Motor
11611146 Vehicles [Public Safety] except provisions that conflict with this
11621147 subchapter.
1163- SECTION 60. Section 20.062(a), Election Code, is amended to
1148+ SECTION 59. Section 20.062(a), Election Code, is amended to
11641149 read as follows:
11651150 (a) The Texas Department of Motor Vehicles [Public Safety]
11661151 shall prescribe and use a form and procedure that combines the
11671152 department's application form for a license or card with an
11681153 officially prescribed voter registration application form.
1169- SECTION 61. Section 20.063(a), Election Code, is amended to
1154+ SECTION 60. Section 20.063(a), Election Code, is amended to
11701155 read as follows:
11711156 (a) The Texas Department of Motor Vehicles [Public Safety]
11721157 shall provide to each person who applies in person at the
11731158 department's offices for an original or renewal of a driver's
11741159 license, a personal identification card, or a duplicate or
11751160 corrected license or card an opportunity to complete a voter
11761161 registration application form.
1177- SECTION 62. Section 20.064, Election Code, is amended to
1162+ SECTION 61. Section 20.064, Election Code, is amended to
11781163 read as follows:
11791164 Sec. 20.064. DECLINATION FORM NOT REQUIRED. The Texas
11801165 Department of Motor Vehicles [Public Safety] is not required to
11811166 comply with the procedures prescribed by this chapter relating to
11821167 the form for a declination of voter registration.
1183- SECTION 63. Section 20.065(a), Election Code, is amended to
1168+ SECTION 62. Section 20.065(a), Election Code, is amended to
11841169 read as follows:
11851170 (a) At the end of each day a Texas Department of Motor
11861171 Vehicles [Public Safety] office is regularly open for business, the
11871172 manager of the office shall deliver by mail or in person to the
11881173 voter registrar of the county in which the office is located each
11891174 completed voter registration application and applicable change of
11901175 address submitted to a department employee.
1191- SECTION 64. Section 20.066(a), Election Code, is amended to
1176+ SECTION 63. Section 20.066(a), Election Code, is amended to
11921177 read as follows:
11931178 (a) If a person completes a voter registration application
11941179 as provided by Section 20.063, the Texas Department of Motor
11951180 Vehicles [Public Safety] shall:
11961181 (1) input the information provided on the application
11971182 into the department's electronic data system; and
11981183 (2) inform the applicant that the applicant's
11991184 electronic signature provided to the department will be used for
12001185 submitting the applicant's voter registration application.
1201- SECTION 65. Section 31.013(b), Election Code, is amended to
1186+ SECTION 64. Section 31.013(b), Election Code, is amended to
12021187 read as follows:
12031188 (b) In establishing the program, the secretary of state
12041189 shall consult with the Department of Public Safety and Texas
12051190 Department of Motor Vehicles on the creation of the program,
12061191 security relating to the issuance of an election identification
12071192 certificate, best practices in issuing an election identification
12081193 certificate, and equipment required to issue an election
12091194 identification certificate.
1210- SECTION 66. Section 63.0101(a), Election Code, is amended
1195+ SECTION 65. Section 63.0101(a), Election Code, is amended
12111196 to read as follows:
12121197 (a) The following documentation is an acceptable form of
12131198 photo identification under this chapter:
12141199 (1) a driver's license, election identification
12151200 certificate, or personal identification card issued to the person
12161201 by the Texas Department of Motor Vehicles [Public Safety] that has
12171202 not expired or that expired no earlier than four years before the
12181203 date of presentation;
12191204 (2) a United States military identification card that
12201205 contains the person's photograph that has not expired or that
12211206 expired no earlier than four years before the date of presentation;
12221207 (3) a United States citizenship certificate issued to
12231208 the person that contains the person's photograph;
12241209 (4) a United States passport book or card issued to the
12251210 person that has not expired or that expired no earlier than four
12261211 years before the date of presentation; or
12271212 (5) a license to carry a handgun issued to the person
12281213 by the Department of Public Safety that has not expired or that
12291214 expired no earlier than four years before the date of presentation.
1230- SECTION 67. Section 65.060, Election Code, is amended to
1215+ SECTION 66. Section 65.060, Election Code, is amended to
12311216 read as follows:
12321217 Sec. 65.060. DISCLOSURE OF SOCIAL SECURITY, DRIVER'S
12331218 LICENSE, OR PERSONAL IDENTIFICATION NUMBER ON PROVISIONAL BALLOT
12341219 AFFIDAVIT. A social security number, Texas driver's license
12351220 number, or number of a personal identification card issued by the
12361221 Texas Department of Motor Vehicles [Public Safety] furnished on a
12371222 provisional ballot affidavit is confidential and does not
12381223 constitute public information for purposes of Chapter 552,
12391224 Government Code. The general custodian of election records shall
12401225 ensure that a social security number, Texas driver's license
12411226 number, or number of a personal identification card issued by the
12421227 Texas Department of Motor Vehicles [Public Safety] is excluded from
12431228 disclosure.
1244- SECTION 68. Section 2.005(b), Family Code, is amended to
1229+ SECTION 67. Section 2.005(b), Family Code, is amended to
12451230 read as follows:
12461231 (b) The proof must be established by:
12471232 (1) a driver's license or identification card issued
12481233 by this state, another state, or a Canadian province that is current
12491234 or has expired not more than two years preceding the date the
12501235 identification is submitted to the county clerk in connection with
12511236 an application for a license;
12521237 (2) a United States passport;
12531238 (3) a current passport issued by a foreign country or a
12541239 consular document issued by a state or national government;
12551240 (4) an unexpired Certificate of United States
12561241 Citizenship, Certificate of Naturalization, United States Citizen
12571242 Identification Card, Permanent Resident Card, Temporary Resident
12581243 Card, Employment Authorization Card, or other document issued by
12591244 the federal Department of Homeland Security or the United States
12601245 Department of State including an identification photograph;
12611246 (5) an unexpired military identification card for
12621247 active duty, reserve, or retired personnel with an identification
12631248 photograph;
12641249 (6) an original or certified copy of a birth
12651250 certificate issued by a bureau of vital statistics for a state or a
12661251 foreign government;
12671252 (7) an original or certified copy of a Consular Report
12681253 of Birth Abroad or Certificate of Birth Abroad issued by the United
12691254 States Department of State;
12701255 (8) an original or certified copy of a court order
12711256 relating to the applicant's name change or sex change;
12721257 (9) school records from a secondary school or
12731258 institution of higher education;
12741259 (10) an insurance policy continuously valid for the
12751260 two years preceding the date of the application for a license;
12761261 (11) a motor vehicle certificate of title;
12771262 (12) military records, including documentation of
12781263 release or discharge from active duty or a draft record;
12791264 (13) an unexpired military dependent identification
12801265 card;
12811266 (14) an original or certified copy of the applicant's
12821267 marriage license or divorce decree;
12831268 (15) a voter registration certificate;
12841269 (16) a pilot's license issued by the Federal Aviation
12851270 Administration or another authorized agency of the United States;
12861271 (17) a license to carry a handgun under Subchapter H,
12871272 Chapter 411, Government Code;
12881273 (18) a temporary driving permit or a temporary
12891274 identification card issued by the Texas Department of Motor
12901275 Vehicles [Public Safety]; or
12911276 (19) an offender identification card issued by the
12921277 Texas Department of Criminal Justice.
1293- SECTION 69. Sections 54.042(a), (b), (f), and (g), Family
1278+ SECTION 68. Sections 54.042(a), (b), (f), and (g), Family
12941279 Code, are amended to read as follows:
12951280 (a) A juvenile court, in a disposition hearing under Section
12961281 54.04, shall:
12971282 (1) order the Texas Department of Motor Vehicles
12981283 [Public Safety] to suspend a child's driver's license or permit, or
12991284 if the child does not have a license or permit, to deny the issuance
13001285 of a license or permit to the child if the court finds that the child
13011286 has engaged in conduct that:
13021287 (A) violates a law of this state enumerated in
13031288 Section 521.342(a), Transportation Code; or
13041289 (B) violates a penal law of this state or the
13051290 United States, an element or elements of which involve a severe form
13061291 of trafficking in persons, as defined by 22 U.S.C. Section 7102; or
13071292 (2) notify the Texas Department of Motor Vehicles
13081293 [Public Safety] of the adjudication, if the court finds that the
13091294 child has engaged in conduct that violates a law of this state
13101295 enumerated in Section 521.372(a), Transportation Code.
13111296 (b) A juvenile court, in a disposition hearing under Section
13121297 54.04, may order the Texas Department of Motor Vehicles [Public
13131298 Safety] to suspend a child's driver's license or permit or, if the
13141299 child does not have a license or permit, to deny the issuance of a
13151300 license or permit to the child, if the court finds that the child
13161301 has engaged in conduct that violates Section 28.08, Penal Code.
13171302 (f) A juvenile court, in a disposition hearing under Section
13181303 54.04, may order the Texas Department of Motor Vehicles [Public
13191304 Safety] to suspend a child's driver's license or permit or, if the
13201305 child does not have a license or permit, to deny the issuance of a
13211306 license or permit to the child for a period not to exceed 12 months
13221307 if the court finds that the child has engaged in conduct in need of
13231308 supervision or delinquent conduct other than the conduct described
13241309 by Subsection (a).
13251310 (g) A juvenile court that places a child on probation under
13261311 Section 54.04 may require as a reasonable condition of the
13271312 probation that if the child violates the probation, the court may
13281313 order the Texas Department of Motor Vehicles [Public Safety] to
13291314 suspend the child's driver's license or permit or, if the child does
13301315 not have a license or permit, to deny the issuance of a license or
13311316 permit to the child for a period not to exceed 12 months. The court
13321317 may make this order if a child that is on probation under this
13331318 condition violates the probation. A suspension under this
13341319 subsection is cumulative of any other suspension under this
13351320 section.
1336- SECTION 70. Section 54.0482(c), Family Code, is amended to
1321+ SECTION 69. Section 54.0482(c), Family Code, is amended to
13371322 read as follows:
13381323 (c) On or before the fifth anniversary of the date the
13391324 juvenile probation department receives a payment for a victim that
13401325 is not claimed by the victim, the department shall make and document
13411326 a good faith effort to locate and notify the victim that an
13421327 unclaimed payment exists, including:
13431328 (1) confirming, if possible, the victim's most recent
13441329 address with the Texas Department of Motor Vehicles [Public
13451330 Safety]; and
13461331 (2) making at least one additional certified mailing
13471332 to the victim.
1348- SECTION 71. Section 65.103(c), Family Code, is amended to
1333+ SECTION 70. Section 65.103(c), Family Code, is amended to
13491334 read as follows:
13501335 (c) In addition to any other order authorized by this
13511336 section, a truancy court may order the Texas Department of Motor
13521337 Vehicles [Public Safety] to suspend the driver's license or permit
13531338 of a child who has been found to have engaged in truant conduct. If
13541339 the child does not have a driver's license or permit, the court may
13551340 order the Texas Department of Motor Vehicles [Public Safety] to
13561341 deny the issuance of a license or permit to the child. The period of
13571342 the license or permit suspension or the order that the issuance of a
13581343 license or permit be denied may not extend beyond the maximum time
13591344 period that a remedial order is effective as provided by Section
13601345 65.104.
1361- SECTION 72. Section 65.251(a), Family Code, is amended to
1346+ SECTION 71. Section 65.251(a), Family Code, is amended to
13621347 read as follows:
13631348 (a) If a child fails to obey an order issued by a truancy
13641349 court under Section 65.103(a) or a child is in direct contempt of
13651350 court, the truancy court, after providing notice and an opportunity
13661351 for a hearing, may hold the child in contempt of court and order
13671352 either or both of the following:
13681353 (1) that the child pay a fine not to exceed $100; or
13691354 (2) that the Texas Department of Motor Vehicles
13701355 [Public Safety] suspend the child's driver's license or permit or,
13711356 if the child does not have a license or permit, order that the Texas
13721357 Department of Motor Vehicles [Public Safety] deny the issuance of a
13731358 license or permit to the child until the child fully complies with
13741359 the court's orders.
1375- SECTION 73. Sections 203.007(b) and (g), Family Code, are
1360+ SECTION 72. Sections 203.007(b) and (g), Family Code, are
13761361 amended to read as follows:
13771362 (b) A domestic relations office is entitled to obtain from
13781363 the Texas Department of Motor Vehicles and the Department of Public
13791364 Safety records that relate to:
13801365 (1) a person's date of birth;
13811366 (2) a person's most recent address;
13821367 (3) a person's current driver's license status;
13831368 (4) motor vehicle accidents involving a person;
13841369 (5) reported traffic-law violations of which a person
13851370 has been convicted; and
13861371 (6) a person's criminal history record information.
13871372 (g) The Texas Department of Motor Vehicles, the Department
13881373 of Public Safety, the Texas Workforce Commission, or the office of
13891374 the secretary of state may charge a domestic relations office a fee
13901375 not to exceed the charge paid by the Title IV-D agency for
13911376 furnishing records under this section.
1392- SECTION 74. Section 264.1211, Family Code, as added by
1377+ SECTION 73. Section 264.1211, Family Code, as added by
13931378 Chapter 1076 (H.B. 3338), Acts of the 85th Legislature, Regular
13941379 Session, 2017, is amended to read as follows:
13951380 Sec. 264.1211. RECORDS AND DOCUMENTS FOR CHILDREN AGING OUT
13961381 OF FOSTER CARE. The department in cooperation with volunteer
13971382 advocates from a charitable organization described by Subchapter C,
13981383 Chapter 107, and the Texas Department of Motor Vehicles [Public
13991384 Safety] shall develop procedures to ensure that a foster child
14001385 obtains a driver's license or personal identification card before
14011386 the child leaves the conservatorship of the department.
1402- SECTION 75. Section 277.002(a), Finance Code, is amended to
1387+ SECTION 74. Section 277.002(a), Finance Code, is amended to
14031388 read as follows:
14041389 (a) A financial institution shall require, as a condition of
14051390 opening or maintaining a business checking account, that the
14061391 applicant or account holder provide:
14071392 (1) if the business is a sole proprietorship:
14081393 (A) the name of the business owner;
14091394 (B) the physical address of the business;
14101395 (C) the home address of the business owner; and
14111396 (D) the driver's license number of the business
14121397 owner or the personal identification card number issued to the
14131398 business owner by the Texas Department of Motor Vehicles [Public
14141399 Safety]; or
14151400 (2) if the business is a corporation or other legal
14161401 entity, a copy of the business's certificate of incorporation or a
14171402 comparable document and an assumed name certificate, if any.
1418- SECTION 76. Sections 62.001(a), (f), (h), and (i),
1403+ SECTION 75. Sections 62.001(a), (f), (h), and (i),
14191404 Government Code, are amended to read as follows:
14201405 (a) The jury wheel must be reconstituted by using, as the
14211406 source:
14221407 (1) the names of all persons on the current voter
14231408 registration lists from all the precincts in the county; and
14241409 (2) all names on a current list to be furnished by the
14251410 Texas Department of Motor Vehicles [Public Safety], showing the
14261411 citizens of the county who:
14271412 (A) hold a valid Texas driver's license or a
14281413 valid personal identification card or certificate issued by the
14291414 department; and
14301415 (B) are not disqualified from jury service under
14311416 Section 62.102(1), (2), or (7).
14321417 (f) The Texas Department of Motor Vehicles [Public Safety]
14331418 shall furnish a list to the secretary of state that shows the names
14341419 required under Subsection (a)(2) and that contains any of the
14351420 information enumerated in Subsection (c) that is available to the
14361421 department, including citizenship status and county of residence.
14371422 The list shall exclude the names of convicted felons, persons who
14381423 are not citizens of the United States, persons residing outside the
14391424 county, and the duplicate name of any registrant. The department
14401425 shall furnish the list to the secretary of state on or before the
14411426 first Monday in October of each year.
14421427 (h) If the secretary of state is unable to furnish the list
14431428 as provided in this section because of the failure of the voter
14441429 registrar to furnish the county voter registration list to the
14451430 secretary of state, the county tax assessor-collector, sheriff,
14461431 county clerk, and district clerk in the county shall meet at the
14471432 county courthouse between January 1 and January 15 of the following
14481433 year and shall reconstitute the jury wheel for the county, except as
14491434 provided under a plan adopted under Section 62.011. The deadlines
14501435 included in the plan control for preparing the list and
14511436 reconstituting the wheel. The secretary of state shall send the
14521437 list furnished by the Texas Department of Motor Vehicles [Public
14531438 Safety] as provided by Subsection (f) to the voter registrar, who
14541439 shall combine the lists as described in this section for use as the
14551440 juror source and certify the combined list as required of the
14561441 secretary of state under Subsection (g).
14571442 (i) The commissioners court may, instead of using the method
14581443 provided by Subsections (c) through (h), contract with another
14591444 governmental unit or a private person to combine the voter
14601445 registration list with the list furnished by the Texas Department
14611446 of Motor Vehicles [Public Safety]. Subsections (c) through (h) do
14621447 not apply to a county in which the commissioners court has
14631448 contracted with another governmental unit or a private person under
14641449 this subsection. The Texas Department of Motor Vehicles [Public
14651450 Safety] may not charge a fee for furnishing a list under this
14661451 subsection. Each list must contain the name, date of birth,
14671452 address, county of residence, and citizenship status of each person
14681453 listed. If practical, each list must contain any other information
14691454 useful in determining if the person is qualified to serve as a
14701455 juror.
1471- SECTION 77. Section 72.016, Government Code, is amended to
1456+ SECTION 76. Section 72.016, Government Code, is amended to
14721457 read as follows:
14731458 Sec. 72.016. NOTIFICATION PROCEDURE FOR JUDICIAL PRIVACY.
14741459 The director shall develop a procedure to regularly notify county
14751460 registrars, the Texas Department of Motor Vehicles [Public Safety],
14761461 the Texas Ethics Commission, and any other state agency the office
14771462 determines should be notified of the judges, judges' spouses, and
14781463 related family members whose personal information must be kept from
14791464 public records, as provided under Sections 552.117 and 572.035 of
14801465 this code, Sections 13.0021 and 15.0215, Election Code, and Section
14811466 521.121, Transportation Code.
1482- SECTION 78. Section 103.021, Government Code, is amended to
1467+ SECTION 77. Section 103.021, Government Code, is amended to
14831468 read as follows:
14841469 Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
14851470 CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant,
14861471 or a party to a civil suit, as applicable, shall pay the following
14871472 fees and costs under the Code of Criminal Procedure if ordered by
14881473 the court or otherwise required:
14891474 (1) a personal bond fee (Art. 17.42, Code of Criminal
14901475 Procedure) . . . the greater of $20 or three percent of the amount
14911476 of the bail fixed for the accused;
14921477 (2) cost of electronic monitoring as a condition of
14931478 release on personal bond (Art. 17.43, Code of Criminal Procedure)
14941479 . . . actual cost;
14951480 (3) a fee for verification of and monitoring of motor
14961481 vehicle ignition interlock (Art. 17.441, Code of Criminal
14971482 Procedure) . . . not to exceed $10;
14981483 (3-a) costs associated with operating a global
14991484 positioning monitoring system as a condition of release on bond
15001485 (Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs,
15011486 subject to a determination of indigency;
15021487 (3-b) costs associated with providing a defendant's
15031488 victim with an electronic receptor device as a condition of the
15041489 defendant's release on bond (Art. 17.49(b)(3), Code of Criminal
15051490 Procedure) . . . actual costs, subject to a determination of
15061491 indigency;
15071492 (4) repayment of reward paid by a crime stoppers
15081493 organization on conviction of a felony (Art. 37.073, Code of
15091494 Criminal Procedure) . . . amount ordered;
15101495 (5) reimbursement to general revenue fund for payments
15111496 made to victim of an offense as condition of community supervision
15121497 (Art. 42A.301(b)(17) [42A.301(17)], Code of Criminal Procedure)
15131498 . . . not to exceed $50 for a misdemeanor offense or $100 for a
15141499 felony offense;
15151500 (6) payment to a crime stoppers organization as
15161501 condition of community supervision (Art. 42A.301(b)(20)
15171502 [42A.301(20)], Code of Criminal Procedure) . . . not to exceed $50;
15181503 (7) children's advocacy center fee (Art. 42A.455, Code
15191504 of Criminal Procedure) . . . not to exceed $50;
15201505 (8) family violence center fee (Art. 42A.504(b), Code
15211506 of Criminal Procedure) . . . $100;
15221507 (9) community supervision fee (Art. 42A.652(a), Code
15231508 of Criminal Procedure) . . . not less than $25 or more than $60 per
15241509 month;
15251510 (10) additional community supervision fee for certain
15261511 offenses (Art. 42A.653(a), Code of Criminal Procedure) . . . $5 per
15271512 month;
15281513 (11) for certain financially able sex offenders as a
15291514 condition of community supervision, the costs of treatment,
15301515 specialized supervision, or rehabilitation (Art. 42A.452, Code of
15311516 Criminal Procedure) . . . all or part of the reasonable and
15321517 necessary costs of the treatment, supervision, or rehabilitation as
15331518 determined by the judge;
15341519 (12) fee for failure to appear for trial in a justice
15351520 or municipal court if a jury trial is not waived (Art. 45.026, Code
15361521 of Criminal Procedure) . . . costs incurred for impaneling the
15371522 jury;
15381523 (13) costs of certain testing, assessments, or
15391524 programs during a deferral period (Art. 45.051, Code of Criminal
15401525 Procedure) . . . amount ordered;
15411526 (14) special expense on dismissal of certain
15421527 misdemeanor complaints (Art. 45.051, Code of Criminal Procedure)
15431528 . . . not to exceed amount of fine assessed;
15441529 (15) an additional fee:
15451530 (A) for a copy of the defendant's driving record
15461531 to be requested from the Texas Department of Motor Vehicles [Public
15471532 Safety] by the judge (Art. 45.0511(c-1), Code of Criminal
15481533 Procedure) . . . amount equal to the sum of the fee established by
15491534 Section 521.048, Transportation Code, and the state electronic
15501535 Internet portal fee;
15511536 (B) as an administrative fee for requesting a
15521537 driving safety course or a course under the motorcycle operator
15531538 training and safety program for certain traffic offenses to cover
15541539 the cost of administering the article (Art. 45.0511(f)(1), Code of
15551540 Criminal Procedure) . . . not to exceed $10; or
15561541 (C) for requesting a driving safety course or a
15571542 course under the motorcycle operator training and safety program
15581543 before the final disposition of the case (Art. 45.0511(f)(2), Code
15591544 of Criminal Procedure) . . . not to exceed the maximum amount of the
15601545 fine for the offense committed by the defendant;
15611546 (16) a request fee for teen court program (Art.
15621547 45.052, Code of Criminal Procedure) . . . $20, if the court
15631548 ordering the fee is located in the Texas-Louisiana border region,
15641549 but otherwise not to exceed $10;
15651550 (17) a fee to cover costs of required duties of teen
15661551 court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the
15671552 court ordering the fee is located in the Texas-Louisiana border
15681553 region, but otherwise $10;
15691554 (18) a mileage fee for officer performing certain
15701555 services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per
15711556 mile;
15721557 (19) certified mailing of notice of hearing date (Art.
15731558 102.006, Code of Criminal Procedure) . . . $1, plus postage;
15741559 (20) certified mailing of certified copies of an order
15751560 of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2,
15761561 plus postage;
15771562 (20-a) a fee to defray the cost of notifying state
15781563 agencies of orders of expungement (Art. 45.0216, Code of Criminal
15791564 Procedure) . . . $30 per application;
15801565 (21) sight orders:
15811566 (A) if the face amount of the check or sight order
15821567 does not exceed $10 (Art. 102.007, Code of Criminal Procedure)
15831568 . . . not to exceed $10;
15841569 (B) if the face amount of the check or sight order
15851570 is greater than $10 but does not exceed $100 (Art. 102.007, Code of
15861571 Criminal Procedure) . . . not to exceed $15;
15871572 (C) if the face amount of the check or sight order
15881573 is greater than $100 but does not exceed $300 (Art. 102.007, Code of
15891574 Criminal Procedure) . . . not to exceed $30;
15901575 (D) if the face amount of the check or sight order
15911576 is greater than $300 but does not exceed $500 (Art. 102.007, Code of
15921577 Criminal Procedure) . . . not to exceed $50; and
15931578 (E) if the face amount of the check or sight order
15941579 is greater than $500 (Art. 102.007, Code of Criminal Procedure)
15951580 . . . not to exceed $75;
15961581 (22) fees for a pretrial intervention program:
15971582 (A) a supervision fee (Art. 102.012(a), Code of
15981583 Criminal Procedure) . . . $60 a month plus expenses; and
15991584 (B) a district attorney, criminal district
16001585 attorney, or county attorney administrative fee (Art. 102.0121,
16011586 Code of Criminal Procedure) . . . not to exceed $500;
16021587 (23) parking fee violations for child safety fund in
16031588 municipalities with populations:
16041589 (A) greater than 850,000 (Art. 102.014, Code of
16051590 Criminal Procedure) . . . not less than $2 and not to exceed $5; and
16061591 (B) less than 850,000 (Art. 102.014, Code of
16071592 Criminal Procedure) . . . not to exceed $5;
16081593 (24) an administrative fee for collection of fines,
16091594 fees, restitution, or other costs (Art. 102.072, Code of Criminal
16101595 Procedure) . . . not to exceed $2 for each transaction;
16111596 (25) a collection fee, if authorized by the
16121597 commissioners court of a county or the governing body of a
16131598 municipality, for certain debts and accounts receivable, including
16141599 unpaid fines, fees, court costs, forfeited bonds, and restitution
16151600 ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30
16161601 percent of an amount more than 60 days past due; and
16171602 (26) a cost on conviction for the truancy prevention
16181603 and diversion fund (Art. 102.015, Code of Criminal Procedure) . . .
16191604 $2.
1620- SECTION 79. Section 411.082(2), Government Code, is amended
1605+ SECTION 78. Section 411.082(2), Government Code, is amended
16211606 to read as follows:
16221607 (2) "Criminal history record information" means
16231608 information collected about a person by a criminal justice agency
16241609 that consists of identifiable descriptions and notations of
16251610 arrests, detentions, indictments, informations, and other formal
16261611 criminal charges and their dispositions. The term does not
16271612 include:
16281613 (A) identification information, including
16291614 fingerprint records, to the extent that the identification
16301615 information does not indicate involvement of the person in the
16311616 criminal justice system; or
16321617 (B) driving record information maintained by the
16331618 Texas Department of Motor Vehicles [department] under Subchapter C,
16341619 Chapter 521, Transportation Code.
1635- SECTION 80. Section 411.174(b), Government Code, is amended
1620+ SECTION 79. Section 411.174(b), Government Code, is amended
16361621 to read as follows:
16371622 (b) An applicant must provide on the application a statement
16381623 of the applicant's:
16391624 (1) full name and place and date of birth;
16401625 (2) race and sex;
16411626 (3) residence and business addresses for the preceding
16421627 five years;
16431628 (4) hair and eye color;
16441629 (5) height and weight;
16451630 (6) driver's license number or identification
16461631 certificate number issued by the Texas Department of Motor Vehicles
16471632 [department];
16481633 (7) criminal history record information of the type
16491634 maintained by the department under this chapter, including a list
16501635 of offenses for which the applicant was arrested, charged, or under
16511636 an information or indictment and the disposition of the offenses;
16521637 and
16531638 (8) history, if any, of treatment received by,
16541639 commitment to, or residence in:
16551640 (A) a drug or alcohol treatment center licensed
16561641 to provide drug or alcohol treatment under the laws of this state or
16571642 another state, but only if the treatment, commitment, or residence
16581643 occurred during the preceding five years; or
16591644 (B) a psychiatric hospital.
1660- SECTION 81. Section 411.179(a), Government Code, is amended
1645+ SECTION 80. Section 411.179(a), Government Code, is amended
16611646 to read as follows:
16621647 (a) The department by rule shall adopt the form of the
16631648 license. A license must include:
16641649 (1) a number assigned to the license holder by the
16651650 department;
16661651 (2) a statement of the period for which the license is
16671652 effective;
16681653 (3) a color photograph of the license holder;
16691654 (4) the license holder's full name, date of birth, hair
16701655 and eye color, height, weight, and signature;
16711656 (5) the license holder's residence address or, as
16721657 provided by Subsection (d), the street address of the courthouse in
16731658 which the license holder or license holder's spouse serves as a
16741659 federal judge or the license holder serves as a state judge;
16751660 (6) the number of a driver's license or an
16761661 identification certificate issued to the license holder by the
16771662 Texas Department of Motor Vehicles [department]; and
16781663 (7) the designation "VETERAN" if required under
16791664 Subsection (e).
1680- SECTION 82. Section 411.205, Government Code, is amended to
1665+ SECTION 81. Section 411.205, Government Code, is amended to
16811666 read as follows:
16821667 Sec. 411.205. REQUIREMENT TO DISPLAY LICENSE. If a license
16831668 holder is carrying a handgun on or about the license holder's person
16841669 when a magistrate or a peace officer demands that the license holder
16851670 display identification, the license holder shall display both the
16861671 license holder's driver's license or identification certificate
16871672 issued by the Texas Department of Motor Vehicles [department] and
16881673 the license holder's handgun license.
1689- SECTION 83. Sections 501.0165(a), (c), and (d), Government
1674+ SECTION 82. Sections 501.0165(a), (c), and (d), Government
16901675 Code, are amended to read as follows:
16911676 (a) Before discharging an inmate or releasing an inmate on
16921677 parole, mandatory supervision, or conditional pardon, the
16931678 department shall:
16941679 (1) determine whether the inmate has:
16951680 (A) a valid license issued under Chapter 521 or
16961681 522, Transportation Code; or
16971682 (B) a valid personal identification certificate
16981683 issued under Chapter 521, Transportation Code; and
16991684 (2) if the inmate does not have a valid license or
17001685 certificate described by Subdivision (1), submit to the Texas
17011686 Department of Motor Vehicles [Public Safety] on behalf of the
17021687 inmate a request for the issuance of a personal identification
17031688 certificate under Chapter 521, Transportation Code.
17041689 (c) The department, the Texas Department of Motor Vehicles
17051690 [Public Safety], and the bureau of vital statistics of the
17061691 Department of State Health Services shall by rule adopt a
17071692 memorandum of understanding that establishes their respective
17081693 responsibilities with respect to the issuance of a personal
17091694 identification certificate to an inmate, including
17101695 responsibilities related to verification of the inmate's identity.
17111696 The memorandum of understanding must require the Department of
17121697 State Health Services to electronically verify the birth record of
17131698 an inmate whose name and any other personal information is provided
17141699 by the department and to electronically report the recorded filing
17151700 information to the Texas Department of Motor Vehicles [Public
17161701 Safety] to validate the identity of an inmate under this section.
17171702 (d) The department shall reimburse the Texas Department of
17181703 Motor Vehicles [Public Safety] or the Department of State Health
17191704 Services for the actual costs incurred by those agencies in
17201705 performing responsibilities established under this section. The
17211706 department may charge an inmate for the actual costs incurred under
17221707 this section or the fees required by Section 521.421,
17231708 Transportation Code.
1724- SECTION 84. Section 509.004(a), Government Code, is amended
1709+ SECTION 83. Section 509.004(a), Government Code, is amended
17251710 to read as follows:
17261711 (a) The division shall require each department to:
17271712 (1) keep financial and statistical records determined
17281713 necessary by the division;
17291714 (2) submit a strategic plan and all supporting
17301715 information requested by the division;
17311716 (3) present data requested by the division as
17321717 necessary to determine the amount of state aid for which the
17331718 department is eligible;
17341719 (4) submit periodic financial audits and statistical
17351720 reports to the division; and
17361721 (5) submit to the Texas Department of Motor Vehicles
17371722 [Public Safety] the full name, address, date of birth, social
17381723 security number, and driver's license number of each person
17391724 restricted to the operation of a motor vehicle equipped with a
17401725 device that uses a deep-lung breath analysis mechanism to make
17411726 impractical the operation of the motor vehicle if ethyl alcohol is
17421727 detected in the breath of the restricted operator.
1743- SECTION 85. Sections 531.02414(e) and (g), Government Code,
1728+ SECTION 84. Sections 531.02414(e) and (g), Government Code,
17441729 are amended to read as follows:
17451730 (e) The executive commissioner shall adopt rules to ensure
17461731 the safe and efficient provision of nonemergency transportation
17471732 services under the medical transportation program by regional
17481733 contracted brokers and subcontractors of regional contracted
17491734 brokers. The rules must include:
17501735 (1) minimum standards regarding the physical
17511736 condition and maintenance of motor vehicles used to provide the
17521737 services, including standards regarding the accessibility of motor
17531738 vehicles by persons with disabilities;
17541739 (2) a requirement that a regional contracted broker
17551740 verify that each motor vehicle operator providing the services or
17561741 seeking to provide the services has a valid driver's license;
17571742 (3) a requirement that a regional contracted broker
17581743 check the driving record information maintained by the Texas
17591744 Department of Motor Vehicles [Public Safety] under Subchapter C,
17601745 Chapter 521, Transportation Code, of each motor vehicle operator
17611746 providing the services or seeking to provide the services;
17621747 (4) a requirement that a regional contracted broker
17631748 check the public criminal record information maintained by the
17641749 Department of Public Safety and made available to the public
17651750 through the department's Internet website of each motor vehicle
17661751 operator providing the services or seeking to provide the services;
17671752 and
17681753 (5) training requirements for motor vehicle operators
17691754 providing the services through a regional contracted broker,
17701755 including training on the following topics:
17711756 (A) passenger safety;
17721757 (B) passenger assistance;
17731758 (C) assistive devices, including wheelchair
17741759 lifts, tie-down equipment, and child safety seats;
17751760 (D) sensitivity and diversity;
17761761 (E) customer service;
17771762 (F) defensive driving techniques; and
17781763 (G) prohibited behavior by motor vehicle
17791764 operators.
17801765 (g) The commission shall enter into a memorandum of
17811766 understanding with the Texas Department of Motor Vehicles [and the
17821767 Department of Public Safety] for purposes of obtaining the motor
17831768 vehicle registration and driver's license information of a provider
17841769 of medical transportation services, including a regional
17851770 contracted broker and a subcontractor of the broker, to confirm
17861771 that the provider complies with applicable requirements adopted
17871772 under Subsection (e).
1788- SECTION 86. Section 531.1533, Government Code, is amended
1773+ SECTION 85. Section 531.1533, Government Code, is amended
17891774 to read as follows:
17901775 Sec. 531.1533. REQUIREMENTS ON ADMISSIONS OF CHILDREN TO
17911776 CERTAIN INSTITUTIONS. On the admission of a child to an institution
17921777 described by Section 531.151(3)(A), (B), or (D), the Department of
17931778 Aging and Disability Services shall require the child's parent or
17941779 guardian to submit:
17951780 (1) an admission form that includes:
17961781 (A) the parent's or guardian's:
17971782 (i) name, address, and telephone number;
17981783 (ii) driver's license number and state of
17991784 issuance or personal identification card number issued by the Texas
18001785 Department of Motor Vehicles [Public Safety]; and
18011786 (iii) place of employment and the
18021787 employer's address and telephone number; and
18031788 (B) the name, address, and telephone number of a
18041789 relative of the child or other person whom the department or
18051790 institution may contact in an emergency, a statement indicating the
18061791 relation between that person and the child, and at the parent's or
18071792 guardian's option, that person's:
18081793 (i) driver's license number and state of
18091794 issuance or personal identification card number issued by the Texas
18101795 Department of Motor Vehicles [Public Safety]; and
18111796 (ii) the name, address, and telephone
18121797 number of that person's employer; and
18131798 (2) a signed acknowledgment of responsibility stating
18141799 that the parent or guardian agrees to:
18151800 (A) notify the institution in which the child is
18161801 placed of any changes to the information submitted under
18171802 Subdivision (1)(A); and
18181803 (B) make reasonable efforts to participate in the
18191804 child's life and in planning activities for the child.
1820- SECTION 87. Section 555.003, Government Code, is amended to
1805+ SECTION 86. Section 555.003, Government Code, is amended to
18211806 read as follows:
18221807 Sec. 555.003. EXCEPTION. This chapter does not apply to
18231808 files that relate to drivers of motor vehicles and that are
18241809 maintained by the Texas Department of Motor Vehicles [Public
18251810 Safety] under Subchapter C, Chapter 521, Transportation Code.
1826- SECTION 88. Section 12.013(b), Health and Safety Code, is
1811+ SECTION 87. Section 12.013(b), Health and Safety Code, is
18271812 amended to read as follows:
18281813 (b) Based on the studies and investigations, the department
18291814 periodically shall recommend to the Department of Public Safety and
18301815 the Texas Department of Motor Vehicles appropriate policies,
18311816 standards, and procedures relating to those medical aspects.
1832- SECTION 89. Section 12.092(b), Health and Safety Code, is
1817+ SECTION 88. Section 12.092(b), Health and Safety Code, is
18331818 amended to read as follows:
18341819 (b) The medical advisory board shall assist:
18351820 (1) the Texas Department of Motor Vehicles [Public
18361821 Safety of the State of Texas] in determining whether[:
18371822 [(1)] an applicant for a driver's license or a license
18381823 holder is capable of safely operating a motor vehicle; and [or]
18391824 (2) the Department of Public Safety in determining
18401825 whether an applicant for or holder of a license to carry a handgun
18411826 under the authority of Subchapter H, Chapter 411, Government Code,
18421827 or an applicant for or holder of a commission as a security officer
18431828 under Chapter 1702, Occupations Code, is capable of exercising
18441829 sound judgment with respect to the proper use and storage of a
18451830 handgun.
1846- SECTION 90. Sections 12.095(a) and (c), Health and Safety
1831+ SECTION 89. Sections 12.095(a) and (c), Health and Safety
18471832 Code, are amended to read as follows:
18481833 (a) If the Department of Public Safety of the State of Texas
18491834 or Texas Department of Motor Vehicles requests an opinion or
18501835 recommendation from the medical advisory board as to the ability of
18511836 an applicant or license holder to operate a motor vehicle safely or
18521837 to exercise sound judgment with respect to the proper use and
18531838 storage of a handgun, the commissioner or a person designated by the
18541839 commissioner shall convene a panel to consider the case or question
18551840 submitted by that department.
18561841 (c) Each panel member shall prepare an individual
18571842 independent written report for the Department of Public Safety of
18581843 the State of Texas or Texas Department of Motor Vehicles, as
18591844 appropriate, that states the member's opinion as to the ability of
18601845 the applicant or license holder to operate a motor vehicle safely or
18611846 to exercise sound judgment with respect to the proper use and
18621847 storage of a handgun, as appropriate. In the report the panel
18631848 member may also make recommendations relating to that department's
18641849 subsequent action.
1865- SECTION 91. Section 12.096(a), Health and Safety Code, is
1850+ SECTION 90. Section 12.096(a), Health and Safety Code, is
18661851 amended to read as follows:
18671852 (a) A physician licensed to practice medicine in this state
18681853 may inform the Department of Public Safety of the State of Texas,
18691854 the Texas Department of Motor Vehicles, or the medical advisory
18701855 board, orally or in writing, of the name, date of birth, and address
18711856 of a patient older than 15 years of age whom the physician has
18721857 diagnosed as having a disorder or disability specified in a rule of
18731858 the Department of Public Safety of the State of Texas or Texas
18741859 Department of Motor Vehicles.
1875- SECTION 92. Section 12.097, Health and Safety Code, is
1860+ SECTION 91. Section 12.097, Health and Safety Code, is
18761861 amended to read as follows:
18771862 Sec. 12.097. CONFIDENTIALITY REQUIREMENTS. (a) All
18781863 records, reports, and testimony relating to the medical condition
18791864 of an applicant or license holder:
18801865 (1) are for the confidential use of the medical
18811866 advisory board, a panel, the Texas Department of Motor Vehicles, or
18821867 the Department of Public Safety of the State of Texas;
18831868 (2) are privileged information; and
18841869 (3) may not be disclosed to any person or used as
18851870 evidence in a trial except as provided by Subsection (b).
18861871 (b) In a subsequent proceeding under Subchapter H, Chapter
18871872 411, Government Code, or Subchapter N, Chapter 521, Transportation
18881873 Code, the department may provide a copy of the report of the medical
18891874 advisory board or panel and a medical record or report relating to
18901875 an applicant or license holder to:
18911876 (1) the Department of Public Safety of the State of
18921877 Texas or Texas Department of Motor Vehicles, as appropriate;
18931878 (2) the applicant or license holder; and
18941879 (3) the officer who presides at the hearing.
1895- SECTION 93. Section 81.011, Health and Safety Code, is
1880+ SECTION 92. Section 81.011, Health and Safety Code, is
18961881 amended to read as follows:
18971882 Sec. 81.011. REQUEST FOR INFORMATION. In times of
18981883 emergency or epidemic declared by the commissioner, the department
18991884 is authorized to request information pertaining to names, dates of
19001885 birth, and most recent addresses of individuals from the driver's
19011886 license records of the Texas Department of Motor Vehicles [Public
19021887 Safety] for the purpose of notification to individuals of the need
19031888 to receive certain immunizations or diagnostic, evaluation, or
19041889 treatment services for suspected communicable diseases.
1905- SECTION 94. Section 161.254, Health and Safety Code, is
1890+ SECTION 93. Section 161.254, Health and Safety Code, is
19061891 amended to read as follows:
19071892 Sec. 161.254. DRIVER'S LICENSE SUSPENSION OR DENIAL. (a)
19081893 If the defendant does not provide the evidence required under
19091894 Section 161.253(e) within the period specified by that subsection,
19101895 the court shall order the Texas Department of Motor Vehicles
19111896 [Public Safety] to suspend or deny issuance of any driver's license
19121897 or permit to the defendant. The order must specify the period of
19131898 the suspension or denial, which may not exceed 180 days after the
19141899 date of the order.
19151900 (b) The Texas Department of Motor Vehicles [Public Safety]
19161901 shall send to the defendant notice of court action under Subsection
19171902 (a) by first class mail. The notice must include the date of the
19181903 order and the reason for the order and must specify the period of
19191904 the suspension or denial.
1920- SECTION 95. Section 191.009, Health and Safety Code, as
1905+ SECTION 94. Section 191.009, Health and Safety Code, as
19211906 added by Chapter 737 (S.B. 1205), Acts of the 85th Legislature,
19221907 Regular Session, 2017, is amended to read as follows:
19231908 Sec. 191.009. DEATH INFORMATION FOR TEXAS DEPARTMENT OF
19241909 MOTOR VEHICLES [PUBLIC SAFETY]. (a) The department shall
19251910 implement an efficient and effective method to verify death
19261911 information to assist the Texas Department of Motor Vehicles
19271912 [Public Safety] with maintaining records of holders of driver's
19281913 licenses and personal identification certificates in this state.
19291914 (b) The department shall enter into a memorandum of
19301915 understanding with the Texas Department of Motor Vehicles [Public
19311916 Safety] to implement this section. The memorandum of understanding
19321917 must include a mechanism for the department to provide to the Texas
19331918 Department of Motor Vehicles [Public Safety] death information that
19341919 includes unique identifiers, including social security numbers,
19351920 necessary to accurately match death records with driver's license
19361921 and personal identification certificate records.
1937- SECTION 96. Section 481.077(d), Health and Safety Code, is
1922+ SECTION 95. Section 481.077(d), Health and Safety Code, is
19381923 amended to read as follows:
19391924 (d) Before selling, transferring, or otherwise furnishing
19401925 to a person in this state a chemical precursor subject to Subsection
19411926 (a), a manufacturer, wholesaler, retailer, or other person shall:
19421927 (1) if the recipient does not represent a business,
19431928 obtain from the recipient:
19441929 (A) the recipient's driver's license number or
19451930 other personal identification certificate number, date of birth,
19461931 and residential or mailing address, other than a post office box
19471932 number, from a driver's license or personal identification
19481933 certificate issued by the Texas Department of Motor Vehicles
19491934 [department] that contains a photograph of the recipient;
19501935 (B) the year, state, and number of the motor
19511936 vehicle license of the motor vehicle owned or operated by the
19521937 recipient;
19531938 (C) a complete description of how the chemical
19541939 precursor is to be used; and
19551940 (D) the recipient's signature; or
19561941 (2) if the recipient represents a business, obtain
19571942 from the recipient:
19581943 (A) a letter of authorization from the business
19591944 that includes the business license or comptroller tax
19601945 identification number, address, area code, and telephone number and
19611946 a complete description of how the chemical precursor is to be used;
19621947 and
19631948 (B) the recipient's signature; and
19641949 (3) for any recipient, sign as a witness to the
19651950 signature and identification of the recipient.
1966- SECTION 97. Section 481.080(e), Health and Safety Code, is
1951+ SECTION 96. Section 481.080(e), Health and Safety Code, is
19671952 amended to read as follows:
19681953 (e) Before selling, transferring, or otherwise furnishing
19691954 to a person in this state a chemical laboratory apparatus subject to
19701955 Subsection (a), a manufacturer, wholesaler, retailer, or other
19711956 person shall:
19721957 (1) if the recipient does not represent a business,
19731958 obtain from the recipient:
19741959 (A) the recipient's driver's license number or
19751960 other personal identification certificate number, date of birth,
19761961 and residential or mailing address, other than a post office box
19771962 number, from a driver's license or personal identification
19781963 certificate issued by the Texas Department of Motor Vehicles
19791964 [department] that contains a photograph of the recipient;
19801965 (B) the year, state, and number of the motor
19811966 vehicle license of the motor vehicle owned or operated by the
19821967 recipient;
19831968 (C) a complete description of how the apparatus
19841969 is to be used; and
19851970 (D) the recipient's signature; or
19861971 (2) if the recipient represents a business, obtain
19871972 from the recipient:
19881973 (A) a letter of authorization from the business
19891974 that includes the business license or comptroller tax
19901975 identification number, address, area code, and telephone number and
19911976 a complete description of how the apparatus is to be used; and
19921977 (B) the recipient's signature; and
19931978 (3) for any recipient, sign as a witness to the
19941979 signature and identification of the recipient.
1995- SECTION 98. Section 485.032(c), Health and Safety Code, is
1980+ SECTION 97. Section 485.032(c), Health and Safety Code, is
19961981 amended to read as follows:
19971982 (c) It is an affirmative defense to prosecution under this
19981983 section that:
19991984 (1) the person making the delivery is an adult having
20001985 supervisory responsibility over the person younger than 18 years of
20011986 age and:
20021987 (A) the adult permits the use of the abusable
20031988 volatile chemical only under the adult's direct supervision and in
20041989 the adult's presence and only for its intended purpose; and
20051990 (B) the adult removes the chemical from the
20061991 person younger than 18 years of age on completion of that use; or
20071992 (2) the person to whom the abusable volatile chemical
20081993 was delivered presented to the defendant an apparently valid Texas
20091994 driver's license or an identification certificate, issued by the
20101995 Texas Department of Motor Vehicles [Public Safety of the State of
20111996 Texas] and containing a physical description consistent with the
20121997 person's appearance, that purported to establish that the person
20131998 was 18 years of age or older.
2014- SECTION 99. Sections 692A.002(11) and (15), Health and
1999+ SECTION 98. Sections 692A.002(11) and (15), Health and
20152000 Safety Code, are amended to read as follows:
20162001 (11) "Driver's license" means a license or permit
20172002 issued by the Texas Department of Motor Vehicles [Public Safety] to
20182003 operate a vehicle, whether or not conditions are attached to the
20192004 license or permit.
20202005 (15) "Identification card" means an identification
20212006 card issued by the Texas Department of Motor Vehicles [Public
20222007 Safety].
2023- SECTION 100. Sections 692A.014(a) and (b), Health and
2024- Safety Code, are amended to read as follows:
2008+ SECTION 99. Sections 692A.014(a) and (b), Health and Safety
2009+ Code, are amended to read as follows:
20252010 (a) When a hospital refers an individual at or near death to
20262011 a procurement organization, the organization shall make a
20272012 reasonable search of the records of the Texas Department of Motor
20282013 Vehicles [Public Safety] and any donor registry that it knows
20292014 exists for the geographical area in which the individual resides to
20302015 ascertain whether the individual has made an anatomical gift.
20312016 (b) A procurement organization must be allowed reasonable
20322017 access to information in the records of the Texas Department of
20332018 Motor Vehicles [Public Safety] to ascertain whether an individual
20342019 at or near death is a donor.
2035- SECTION 101. Sections 692A.020(a), (d), (e), (f), (g), (h),
2020+ SECTION 100. Sections 692A.020(a), (d), (e), (f), (g), (h),
20362021 (i), and (m), Health and Safety Code, are amended to read as
20372022 follows:
20382023 (a) A nonprofit organization designated by the Texas
20392024 Department of Motor Vehicles [Public Safety] shall maintain and
20402025 administer a statewide donor registry, to be known as the Glenda
20412026 Dawson Donate Life-Texas Registry.
20422027 (d) The Texas Department of Motor Vehicles [Public Safety]
20432028 at least monthly shall electronically transfer to the nonprofit
20442029 organization administering the registry the name, date of birth,
20452030 driver's license number, most recent address, and any other
20462031 relevant information in the possession of the Texas Department of
20472032 Motor Vehicles [Public Safety] for any person who indicates on the
20482033 person's driver's license application under Section 521.401,
20492034 Transportation Code, that the person would like to make an
20502035 anatomical gift.
20512036 (e) The nonprofit organization administering the registry
20522037 shall:
20532038 (1) make information obtained from the Texas
20542039 Department of Motor Vehicles [Public Safety] under Subsection (d)
20552040 available to procurement organizations;
20562041 (2) allow potential donors to submit information in
20572042 writing directly to the organization for inclusion in the
20582043 Internet-based registry;
20592044 (3) maintain the Internet-based registry in a manner
20602045 that allows procurement organizations to immediately access organ,
20612046 tissue, and eye donation information 24 hours a day, seven days a
20622047 week through electronic and telephonic methods; and
20632048 (4) protect the confidentiality and privacy of the
20642049 individuals providing information to the Internet-based registry,
20652050 regardless of the manner in which the information is provided.
20662051 (f) Except as otherwise provided by Subsection (e)(3) or
20672052 this subsection, the Texas Department of Motor Vehicles [Public
20682053 Safety], the nonprofit organization administering the registry, or
20692054 a procurement organization may not sell, rent, or otherwise share
20702055 any information provided to the Internet-based registry. A
20712056 procurement organization may share any information provided to the
20722057 registry with an organ procurement organization or a health care
20732058 provider or facility providing medical care to a potential donor as
20742059 necessary to properly identify an individual at the time of
20752060 donation.
20762061 (g) The Texas Department of Motor Vehicles [Public Safety],
20772062 the nonprofit organization administering the registry, or the
20782063 procurement organizations may not use any demographic or specific
20792064 data provided to the Internet-based registry for any fund-raising
20802065 activities. Data may only be transmitted from the selected
20812066 organization to procurement organizations through electronic and
20822067 telephonic methods using secure, encrypted technology to preserve
20832068 the integrity of the data and the privacy of the individuals
20842069 providing information.
20852070 (h) In each office authorized to issue driver's licenses or
20862071 personal identification certificates, the Texas Department of
20872072 Motor Vehicles [Public Safety] shall make available educational
20882073 materials developed by the nonprofit organization administering
20892074 the registry.
20902075 (i) The Glenda Dawson Donate Life-Texas Registry fund is
20912076 created as a trust fund outside the state treasury to be held by the
20922077 comptroller and administered by the Texas Department of Motor
20932078 Vehicles [Public Safety] as trustee on behalf of the statewide
20942079 donor registry maintained for the benefit of the citizens of this
20952080 state. The fund is composed of money deposited to the credit of the
20962081 fund under Sections 502.405(b), 521.008, and 521.422(c),
20972082 Transportation Code, as provided by those subsections. Money in
20982083 the fund shall be disbursed at least monthly, without
20992084 appropriation, to the nonprofit organization administering the
21002085 registry to pay the costs of:
21012086 (1) maintaining, operating, and updating the
21022087 Internet-based registry and establishing procedures for an
21032088 individual to be added to the registry;
21042089 (2) designing and distributing educational materials
21052090 for prospective donors as required under this section; and
21062091 (3) providing education under this chapter.
21072092 (m) The nonprofit organization administering the registry
21082093 may:
21092094 (1) implement a training program for all appropriate
21102095 Texas Department of Motor Vehicles [Public Safety] and Texas
21112096 Department of Transportation employees on the benefits of organ,
21122097 tissue, and eye donation and the procedures for individuals to be
21132098 added to the Internet-based registry; and
21142099 (2) conduct the training described by Subdivision (1)
21152100 on an ongoing basis for new employees.
2116- SECTION 102. Sections 780.002(a) and (b), Health and Safety
2101+ SECTION 101. Sections 780.002(a) and (b), Health and Safety
21172102 Code, are amended to read as follows:
21182103 (a) On the first Monday of each month, the Texas Department
21192104 of Motor Vehicles [Public Safety] shall remit the surcharges
21202105 collected during the previous month under the driver responsibility
21212106 program operated by that department under Chapter 708,
21222107 Transportation Code, to the comptroller.
21232108 (b) The comptroller shall deposit 49.5 percent of the money
21242109 received under Subsection (a) to the credit of the account
21252110 established under this chapter and 49.5 percent of the money to the
21262111 general revenue fund. The remaining one percent of the amount of
21272112 the surcharges shall be deposited to the general revenue fund and
21282113 may be appropriated only to the Texas Department of Motor Vehicles
21292114 [Public Safety] for administration of the driver responsibility
21302115 program operated by that department under Chapter 708,
21312116 Transportation Code.
2132- SECTION 103. Section 841.0822, Health and Safety Code, is
2117+ SECTION 102. Section 841.0822, Health and Safety Code, is
21332118 amended to read as follows:
21342119 Sec. 841.0822. REQUIRED PROCEDURES BEFORE RELEASE FROM
21352120 SECURE CORRECTIONAL FACILITY. Before a committed person is
21362121 released from a secure correctional facility, the Texas Department
21372122 of Criminal Justice shall ensure that:
21382123 (1) the Texas Department of Motor Vehicles [Public
21392124 Safety] issues a personal identification card to the person; and
21402125 (2) the person completes an application for the
21412126 following federal benefits, as appropriate, for which the person
21422127 may be eligible:
21432128 (A) social security benefits, including
21442129 disability benefits, administered by the United States Social
21452130 Security Administration; and
21462131 (B) veterans benefits administered by the United
21472132 States Department of Veterans Affairs.
2148- SECTION 104. Sections 841.153(a), (c), and (d), Health and
2133+ SECTION 103. Sections 841.153(a), (c), and (d), Health and
21492134 Safety Code, are amended to read as follows:
21502135 (a) On the release of a committed person from a correctional
21512136 facility, secure correctional facility, or secure detention
21522137 facility, as those terms are defined by Section 841.151, the office
21532138 shall:
21542139 (1) determine whether the person has:
21552140 (A) a valid license issued under Chapter 521 or
21562141 522, Transportation Code; or
21572142 (B) a valid personal identification certificate
21582143 issued under Chapter 521, Transportation Code; and
21592144 (2) if the person does not have a valid license or
21602145 certificate described by Subdivision (1), submit to the Texas
21612146 Department of Motor Vehicles [Public Safety] on behalf of the
21622147 person a request for the issuance of a personal identification
21632148 certificate under Chapter 521, Transportation Code.
21642149 (c) The office, the Texas Department of Motor Vehicles
21652150 [Public Safety], and the vital statistics unit of the Department of
21662151 State Health Services by rule shall adopt a memorandum of
21672152 understanding that establishes their respective responsibilities
21682153 with respect to the issuance of a personal identification
21692154 certificate to a committed person, including responsibilities
21702155 related to verification of the person's identity. The memorandum
21712156 of understanding must require the Department of State Health
21722157 Services to electronically verify the birth record of a committed
21732158 person whose name and any other personal information is provided by
21742159 the office and to electronically report the recorded filing
21752160 information to the Texas Department of Motor Vehicles [Public
21762161 Safety] to validate the identity of a committed person under this
21772162 section.
21782163 (d) The office shall reimburse the Texas Department of Motor
21792164 Vehicles [Public Safety] or the Department of State Health
21802165 Services, as applicable, for the actual costs incurred by those
21812166 agencies in performing responsibilities established under this
21822167 section. The office may charge a committed person for the actual
21832168 costs incurred under this section or for the fees required by
21842169 Section 521.421, Transportation Code.
2185- SECTION 105. Section 23.002, Human Resources Code, is
2170+ SECTION 104. Section 23.002, Human Resources Code, is
21862171 amended to read as follows:
21872172 Sec. 23.002. LICENSING AUTHORITIES SUBJECT TO CHAPTER. In
21882173 this chapter, "licensing authority" means:
21892174 (1) the Parks and Wildlife Department; and
21902175 (2) the Texas Department of Motor Vehicles [Public
21912176 Safety of the State of Texas].
2192- SECTION 106. Section 1805.051(d), Occupations Code, is
2177+ SECTION 105. Section 1805.051(d), Occupations Code, is
21932178 amended to read as follows:
21942179 (d) The list required by Subsection (c) must contain:
21952180 (1) the proposed seller's driver's license number or
21962181 Texas Department of Motor Vehicles [Public Safety] identification
21972182 card number, as recorded by the dealer on physical presentation of
21982183 the license or identification card by the seller;
21992184 (2) a complete and accurate description of each
22002185 business machine, including its serial number or other identifying
22012186 marks or symbols;
22022187 (3) the proposed seller's certification that the
22032188 information is true and complete; and
22042189 (4) if the business machine is delivered to the
22052190 secondhand dealer for sale or exchange at an auction, the make,
22062191 year, model, color, and registration number of the vehicle in which
22072192 the business machine is transported to the auction.
2208- SECTION 107. Section 1805.052(b), Occupations Code, is
2193+ SECTION 106. Section 1805.052(b), Occupations Code, is
22092194 amended to read as follows:
22102195 (b) Except as provided by Section 1805.053, a report
22112196 required by this chapter must contain:
22122197 (1) the name and address of the seller of the business
22132198 machine;
22142199 (2) a complete and accurate description of the
22152200 business machine for which the report is made, including the serial
22162201 number or other identifying marks or symbols;
22172202 (3) the seller's certification that the information is
22182203 true and complete; and
22192204 (4) the seller's driver's license number or Texas
22202205 Department of Motor Vehicles [Public Safety] identification card
22212206 number, as recorded by the dealer on physical presentation of the
22222207 license or identification card by the seller.
2223- SECTION 108. Section 1956.001(8), Occupations Code, is
2208+ SECTION 107. Section 1956.001(8), Occupations Code, is
22242209 amended to read as follows:
22252210 (8) "Personal identification document" means:
22262211 (A) a valid driver's license issued by a state in
22272212 the United States;
22282213 (B) a United States military identification
22292214 card; or
22302215 (C) a personal identification certificate issued
22312216 by the Texas Department of Motor Vehicles [department] under
22322217 Section 521.101, Transportation Code, or a corresponding card or
22332218 certificate issued by another state.
2234- SECTION 109. Section 1956.062(c), Occupations Code, is
2219+ SECTION 108. Section 1956.062(c), Occupations Code, is
22352220 amended to read as follows:
22362221 (c) The dealer shall record the proposed seller's driver's
22372222 license number or [department] personal identification certificate
22382223 number on physical presentation of the license or personal
22392224 identification certificate by the seller. The record must
22402225 accompany the list.
2241- SECTION 110. Section 2033.017(f), Occupations Code, is
2226+ SECTION 109. Section 2033.017(f), Occupations Code, is
22422227 amended to read as follows:
22432228 (f) It is an affirmative defense to prosecution of an
22442229 offense under Subsection (a) that the minor falsely represented the
22452230 minor's age by displaying to the person an apparently valid Texas
22462231 driver's license or identification card issued by the Texas
22472232 Department of Motor Vehicles [Public Safety] that contains a
22482233 physical description consistent with the minor's appearance.
2249- SECTION 111. Section 2402.107(b), Occupations Code, is
2234+ SECTION 110. Section 2402.107(b), Occupations Code, is
22502235 amended to read as follows:
22512236 (b) A transportation network company may not permit an
22522237 individual to log in as a driver on the company's digital network if
22532238 the individual:
22542239 (1) has been convicted in the three-year period
22552240 preceding the issue date of the driving record obtained under
22562241 Subsection (a)(3) of:
22572242 (A) more than three offenses classified by the
22582243 Texas Department of Motor Vehicles [Public Safety] as moving
22592244 violations; or
22602245 (B) one or more of the following offenses:
22612246 (i) fleeing or attempting to elude a police
22622247 officer under Section 545.421, Transportation Code;
22632248 (ii) reckless driving under Section
22642249 545.401, Transportation Code;
22652250 (iii) driving without a valid driver's
22662251 license under Section 521.025, Transportation Code; or
22672252 (iv) driving with an invalid driver's
22682253 license under Section 521.457, Transportation Code;
22692254 (2) has been convicted in the preceding seven-year
22702255 period of any of the following:
22712256 (A) driving while intoxicated under Section
22722257 49.04 or 49.045, Penal Code;
22732258 (B) use of a motor vehicle to commit a felony;
22742259 (C) a felony crime involving property damage;
22752260 (D) fraud;
22762261 (E) theft;
22772262 (F) an act of violence; or
22782263 (G) an act of terrorism; or
22792264 (3) is found to be registered in the national sex
22802265 offender public website maintained by the United States Department
22812266 of Justice or a successor agency.
2282- SECTION 112. Sections 11.43(f) and (m), Tax Code, are
2267+ SECTION 111. Sections 11.43(f) and (m), Tax Code, are
22832268 amended to read as follows:
22842269 (f) The comptroller, in prescribing the contents of the
22852270 application form for each kind of exemption, shall ensure that the
22862271 form requires an applicant to furnish the information necessary to
22872272 determine the validity of the exemption claim. The form must
22882273 require an applicant to provide the applicant's name and driver's
22892274 license number, personal identification certificate number, or
22902275 social security account number. If the applicant is a charitable
22912276 organization with a federal tax identification number, the form
22922277 must allow the applicant to provide the organization's federal tax
22932278 identification number in lieu of a driver's license number,
22942279 personal identification certificate number, or social security
22952280 account number. The comptroller shall include on the forms a notice
22962281 of the penalties prescribed by Section 37.10, Penal Code, for
22972282 making or filing an application containing a false statement. The
22982283 comptroller shall include, on application forms for exemptions that
22992284 do not have to be claimed annually, a statement explaining that the
23002285 application need not be made annually and that if the exemption is
23012286 allowed, the applicant has a duty to notify the chief appraiser when
23022287 the applicant's entitlement to the exemption ends. In this
23032288 subsection:
23042289 (1) "Driver's license" has the meaning assigned that
23052290 term by Section 521.001, Transportation Code.
23062291 (2) "Personal identification certificate" means a
23072292 certificate issued by the Texas Department of Motor Vehicles
23082293 [Public Safety] under Subchapter E, Chapter 521, Transportation
23092294 Code.
23102295 (m) Notwithstanding Subsections (a) and (k), a person who
23112296 receives an exemption under Section 11.13, other than an exemption
23122297 under Section 11.13(c) or (d) for an individual 65 years of age or
23132298 older, in a tax year is entitled to receive an exemption under
23142299 Section 11.13(c) or (d) for an individual 65 years of age or older
23152300 in the next tax year on the same property without applying for the
23162301 exemption if the person becomes 65 years of age in that next year as
23172302 shown by:
23182303 (1) information in the records of the appraisal
23192304 district that was provided to the appraisal district by the
23202305 individual in an application for an exemption under Section 11.13
23212306 on the property or in correspondence relating to the property; or
23222307 (2) the information provided by the Texas Department
23232308 of Motor Vehicles [Public Safety] to the appraisal district under
23242309 Section 521.049, Transportation Code.
2325- SECTION 113. Section 411.0085, Government Code, is
2310+ SECTION 112. Section 411.0085, Government Code, is
23262311 repealed.
2327- SECTION 114. (a) This section applies to the following
2312+ SECTION 113. (a) This section applies to the following
23282313 duties of the Texas Department of Motor Vehicles, as transferred by
23292314 this Act:
23302315 (1) the issuance of driver's licenses under Chapters
23312316 521 and 522, Transportation Code;
23322317 (2) the issuance of personal identification
23332318 certificates under Chapter 521, Transportation Code;
23342319 (3) the issuance of election identification
23352320 certificates under Chapter 521A, Transportation Code; and
23362321 (4) the registration of voters during the issuance or
23372322 renewal of a driver's license or personal identification
23382323 certificate.
2339- (b) The Department of Public Safety shall contract with an
2340- institution of higher education, as defined by Section 61.003,
2341- Education Code, to conduct a study on the most effective use of
2342- available state and county resources, including personnel,
2343- property, and technology resources potentially available through
2344- the adoption of intergovernmental agreements, to perform the duties
2345- described by Subsection (a) of this section, prioritizing:
2324+ (b) As soon as practicable after the effective date of this
2325+ Act, the Texas Department of Motor Vehicles shall study the most
2326+ effective use of available state and county resources, including
2327+ personnel, property, and technology resources potentially
2328+ available through the adoption of intergovernmental agreements, to
2329+ perform the duties described by Subsection (a) of this section,
2330+ prioritizing:
23462331 (1) customer service satisfaction, including reducing
23472332 wait times for customers to be issued driver's licenses, personal
23482333 identification certificates, and election identification
23492334 certificates;
23502335 (2) accessibility for citizens of this state,
23512336 including citizens residing in rural areas of this state, to
23522337 facilities performing the duties described by Subsection (a) of
23532338 this section; and
23542339 (3) administrative efficiency and cost savings.
2355- (c) Not later than September 1, 2019, the Department of
2356- Public Safety shall begin the process of advertising or otherwise
2357- soliciting bids, proposals, offers, or qualifications for a
2358- contract with an institution of higher education, as defined by
2359- Section 61.003, Education Code, to conduct the study required by
2360- Subsection (b) of this section.
2361- (d) Not later than March 1, 2020, the institution of higher
2362- education with which the Department of Public Safety contracts
2363- under Subsection (b) of this section shall submit to the department
2364- and the Texas Department of Motor Vehicles a report on the results
2365- of the study conducted under Subsection (b) of this section and any
2366- recommendations based on the study.
2367- (e) The Department of Public Safety, the Texas Department of
2368- Motor Vehicles, and the county tax assessor-collectors in this
2369- state shall assist and provide input in the study conducted under
2370- Subsection (b) of this section.
2371- SECTION 115. (a) Effective January 1, 2021, the powers and
2340+ (c) The Department of Public Safety shall assist in the
2341+ study described by Subsection (b) of this section if requested by
2342+ the Texas Department of Motor Vehicles.
2343+ SECTION 114. (a) Effective January 1, 2021, the powers and
23722344 duties of the Department of Public Safety with regard to driver's
23732345 licenses, personal identification certificates, and other
23742346 miscellaneous programs, powers, and duties are transferred to the
23752347 Texas Department of Motor Vehicles in accordance with this Act.
23762348 (b) Effective January 1, 2021, all rules of the Department
23772349 of Public Safety are continued in effect as rules of the Texas
23782350 Department of Motor Vehicles until superseded by a rule of the Texas
23792351 Department of Motor Vehicles. A license or certification issued by
23802352 the Department of Public Safety is continued in effect as provided
23812353 by the law in effect immediately before the effective date of this
23822354 Act. A complaint, investigation, contested case, or other
23832355 proceeding pending on the effective date of this Act is continued
23842356 without change in status after the effective date of this Act. An
23852357 activity conducted by the Department of Public Safety is considered
23862358 to be an activity conducted by the Texas Department of Motor
23872359 Vehicles.
23882360 (c) On September 1, 2019, or as soon as is possible after
23892361 that date, the public safety director of the Department of Public
23902362 Safety shall adopt a comprehensive plan to ensure the smooth
23912363 transition of all programs operated by the Department of Public
23922364 Safety relating to driver's licenses, personal identification
23932365 certificates, and other miscellaneous programs, powers, and duties
23942366 before January 1, 2021, from the Department of Public Safety to the
23952367 Texas Department of Motor Vehicles.
2396- (d) As soon as practicable after the Department of Public
2397- Safety and the Texas Department of Motor Vehicles receive the
2398- report on the study conducted under Section 113 of this Act, the
2399- Department of Public Safety and the Texas Department of Motor
2400- Vehicles shall establish a work group to evaluate and revise, if
2401- necessary, the comprehensive plan under Subsection (c) of this
2402- section to reflect the recommendations made in the report that
2403- would provide for the smooth transition of the programs described
2404- by that subsection.
2405- SECTION 116. Effective January 1, 2021:
2368+ SECTION 115. Effective January 1, 2021:
24062369 (1) all money, contracts, leases, rights, property,
24072370 records, and bonds and other obligations of the Department of
24082371 Public Safety relating to driver's licenses, personal
24092372 identification certificates, and other miscellaneous programs,
24102373 powers, and duties are transferred to the Texas Department of Motor
24112374 Vehicles; and
24122375 (2) an employee of the Department of Public Safety
24132376 Driver License Division and any employee of the Department of
24142377 Public Safety who primarily performs duties related to a power or
24152378 duty transferred under this Act become employees of the Texas
24162379 Department of Motor Vehicles.
2417- SECTION 117. (a) The unobligated and unexpended balance of
2380+ SECTION 116. (a) The unobligated and unexpended balance of
24182381 any appropriations made to the Department of Public Safety in
24192382 connection with or relating to driver's licenses, personal
24202383 identification certificates, or other programs, powers, or duties
24212384 transferred under this Act, for the state fiscal biennium ending
24222385 August 31, 2021, is transferred and reappropriated to the Texas
24232386 Department of Motor Vehicles for the purpose of implementing the
24242387 powers, duties, obligations, and rights of action transferred to
24252388 that department under this Act.
24262389 (b) The Department of Public Safety shall continue, as
24272390 necessary, to perform the duties and functions being transferred to
24282391 the Texas Department of Motor Vehicles until the transfer of agency
24292392 duties and functions is complete.
2430- SECTION 118. (a) The governing bodies of the Texas
2393+ SECTION 117. (a) The governing bodies of the Texas
24312394 Department of Motor Vehicles and the Department of Public Safety
24322395 shall enter into or revise a joint memorandum of understanding to
24332396 coordinate the Texas Department of Motor Vehicles' and the
24342397 Department of Public Safety's information systems to allow for the
24352398 sharing of information so that each department may effectively and
24362399 efficiently perform the functions and duties assigned to it.
24372400 Neither the Texas Department of Motor Vehicles nor the Department
24382401 of Public Safety may impose or collect a fee or charge in connection
24392402 with the sharing of information under the joint memorandum of
24402403 understanding entered into or revised under this section.
24412404 (b) The Texas Department of Motor Vehicles and the
24422405 Department of Public Safety shall implement the joint memorandum of
24432406 understanding using existing personnel and resources.
24442407 (c) Otherwise confidential information shared under the
24452408 memorandum of understanding remains subject to the same
24462409 confidentiality requirements and legal restrictions on access to
24472410 the information that are imposed by law on the department that
24482411 originally obtained or collected the information.
24492412 (d) Information may be shared under the memorandum of
24502413 understanding without the consent of the person who is the subject
24512414 of the information.
24522415 (e) The memorandum of understanding required by Subsection
24532416 (a) of this section must be entered into or revised at the first
24542417 official meeting of the board of the Texas Department of Motor
24552418 Vehicles occurring after the effective date of this Act.
2456- SECTION 119. (a) In addition to the memorandum of
2419+ SECTION 118. (a) In addition to the memorandum of
24572420 understanding required by this Act, the governing bodies of the
24582421 Texas Department of Motor Vehicles and the Department of Public
24592422 Safety may enter into or revise one or more other joint memoranda of
24602423 understanding necessary to effect the transfer of the powers and
24612424 duties of the Department of Public Safety to the Texas Department of
24622425 Motor Vehicles under this Act. A memorandum of understanding may
24632426 include an agreement for the provision of office space, utilities,
24642427 and other facility services; the need for full-time equivalent
24652428 positions of the Department of Public Safety to provide support
24662429 services in addition to the positions transferred to the Texas
24672430 Department of Motor Vehicles under this Act; other support
24682431 services; and the transfer of information technology as necessary
24692432 or appropriate to effect the transfer of the powers and duties of
24702433 the Department of Public Safety to the Texas Department of Motor
24712434 Vehicles.
24722435 (b) Subsections (b), (c), and (d) of Section 117 of this Act
24732436 apply to a memorandum of understanding entered into or revised
24742437 under Subsection (a) of this section.
2475- SECTION 120. An employee of the Texas Department of Motor
2476- Vehicles employed by the department before the effective date of
2477- this Act may not be transferred to perform the duties described by
2478- Section 114(a) of this Act. Only full-time equivalent positions
2479- for which the 86th Legislature made appropriations to the
2480- department for the purpose of administering those duties in H.B.
2481- No. 1 (General Appropriations Act) or similar legislation of the
2482- 86th Legislature, Regular Session, 2019, may perform those duties.
2483- SECTION 121. To the extent of any conflict, this Act
2438+ SECTION 119. To the extent of any conflict, this Act
24842439 prevails over another Act of the 86th Legislature, Regular Session,
24852440 2019, relating to nonsubstantive additions to and corrections in
24862441 enacted codes.
2487- SECTION 122. This Act takes effect immediately if it
2442+ SECTION 120. This Act takes effect immediately if it
24882443 receives a vote of two-thirds of all the members elected to each
24892444 house, as provided by Section 39, Article III, Texas Constitution.
24902445 If this Act does not receive the vote necessary for immediate
24912446 effect, this Act takes effect September 1, 2019.