| 1 | 1 | | 86R5655 JXC-F |
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| 2 | 2 | | By: Klick H.B. No. 1845 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the notification of a peace officer through an |
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| 8 | 8 | | indication associated with vehicle registration or a driver's |
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| 9 | 9 | | license that a person has a health condition that may impede |
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| 10 | 10 | | communication. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter B, Chapter 502, Transportation Code, |
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| 13 | 13 | | is amended by adding Section 502.061 to read as follows: |
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| 14 | 14 | | Sec. 502.061. REGISTRATION BY OWNER WITH CONDITION THAT |
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| 15 | 15 | | IMPEDES COMMUNICATION. (a) An application for registration must |
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| 16 | 16 | | provide space for the applicant to voluntarily list any health |
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| 17 | 17 | | condition that may impede communication with a peace officer as |
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| 18 | 18 | | evidenced by: |
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| 19 | 19 | | (1) for a physical health condition, a written |
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| 20 | 20 | | statement from a licensed physician; or |
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| 21 | 21 | | (2) for a mental health condition, a written statement |
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| 22 | 22 | | from a licensed physician, a licensed psychologist, or a |
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| 23 | 23 | | non-physician mental health professional, as defined by Section |
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| 24 | 24 | | 571.003, Health and Safety Code. |
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| 25 | 25 | | (b) The department shall provide to the Department of Public |
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| 26 | 26 | | Safety the vehicle registration information of a person who |
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| 27 | 27 | | voluntarily lists a health condition on an application under |
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| 28 | 28 | | Subsection (a). |
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| 29 | 29 | | (c) The Department of Public Safety shall establish a system |
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| 30 | 30 | | to include information received under Subsection (b) in the Texas |
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| 31 | 31 | | Law Enforcement Telecommunications System for the purpose of |
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| 32 | 32 | | alerting a peace officer who makes a traffic stop that the operator |
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| 33 | 33 | | of the stopped vehicle may have a health condition that may impede |
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| 34 | 34 | | communication. |
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| 35 | 35 | | (d) The department may not issue a license plate with a |
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| 36 | 36 | | visible marking that indicates to the general public that a person |
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| 37 | 37 | | voluntarily listed a health condition on an application under |
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| 38 | 38 | | Subsection (a). |
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| 39 | 39 | | SECTION 2. Sections 521.142(e-1) and (h), Transportation |
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| 40 | 40 | | Code, are amended to read as follows: |
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| 41 | 41 | | (e-1) Subject to Subsection (h)(2), other [Other] than a |
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| 42 | 42 | | general inquiry as to whether the applicant has a mental condition |
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| 43 | 43 | | that may affect the applicant's ability to safely operate a motor |
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| 44 | 44 | | vehicle, an application may not include an inquiry regarding the |
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| 45 | 45 | | mental health of the applicant, including an inquiry as to whether |
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| 46 | 46 | | the applicant has been diagnosed with, treated for, or hospitalized |
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| 47 | 47 | | for a psychiatric disorder. |
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| 48 | 48 | | (h) The application must provide space for the applicant to |
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| 49 | 49 | | voluntarily list any health condition that may impede communication |
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| 50 | 50 | | with a peace officer as evidenced by: |
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| 51 | 51 | | (1) for a physical health condition, a written |
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| 52 | 52 | | statement from a licensed physician; or |
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| 53 | 53 | | (2) for a mental health condition, a written statement |
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| 54 | 54 | | from a licensed physician, a licensed psychologist, or a |
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| 55 | 55 | | non-physician mental health professional, as defined by Section |
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| 56 | 56 | | 571.003, Health and Safety Code. |
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| 57 | 57 | | SECTION 3. This Act takes effect September 1, 2019. |
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