Texas 2019 - 86th Regular

Texas Senate Bill SB1237 Compare Versions

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11 86R6166 AAF-D
22 By: Hall, Buckingham S.B. No. 1237
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the assumption of the powers and duties relating to
88 driver's licenses, personal identification cards, the driver
99 responsibility program, and other related powers and duties by the
1010 Texas Department of Motor Vehicles.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Section 192.005, Transportation Code, is amended
1313 to read as follows:
1414 Sec. 192.005. RECORD OF ACCIDENT OR VIOLATION. If a person
1515 operating a railroad locomotive or train is involved in an accident
1616 with another train or a motor vehicle or is arrested for violation
1717 of a law relating to the person's operation of a railroad locomotive
1818 or train:
1919 (1) the number of or other identifying information on
2020 the person's driver's license or commercial driver's license may not
2121 be included in any report of the accident or violation; and
2222 (2) the person's involvement in the accident or
2323 violation may not be recorded in the person's individual driving
2424 record maintained by the Texas Department of Motor Vehicles [Public
2525 Safety].
2626 SECTION 2. Section 201.806(b), Transportation Code, is
2727 amended to read as follows:
2828 (b) The department shall provide electronic access to the
2929 system containing the accident reports so that the Texas Department
3030 of Motor Vehicles [Public Safety] can perform its duties, including
3131 the duty to make timely entries on driver records.
3232 SECTION 3. Sections 502.357(b), (c), and (d),
3333 Transportation Code, are amended to read as follows:
3434 (b) Fees collected under this section shall be deposited to
3535 the credit of the state highway fund except that the comptroller
3636 shall provide for a portion of the fees to be deposited first to the
3737 credit of a special fund in the state treasury outside the general
3838 revenue fund to be known as the TexasSure Fund in a total amount
3939 that is necessary to cover the total amount appropriated to the
4040 Texas Department of Insurance from that fund and for the remaining
4141 fees to be deposited to the state highway fund. Subject to
4242 appropriations, the money deposited to the credit of the state
4343 highway fund under this section may be used by the department
4444 [Department of Public Safety] to:
4545 (1) support the department's [Department of Public
4646 Safety's] reengineering of the driver's license system to provide
4747 for the issuance by the department [Department of Public Safety] of
4848 a driver's license or personal identification certificate, to
4949 include use of image comparison technology;
5050 (2) establish and maintain a system to support the
5151 driver responsibility program under Chapter 708; and
5252 (3) make lease payments to the master lease purchase
5353 program for the financing of the driver's license reengineering
5454 project.
5555 (c) Subject to appropriation, fees collected under this
5656 section may be used by the [Department of Public Safety, the] Texas
5757 Department of Insurance, the Department of Information Resources,
5858 and the department to carry out Subchapter N, Chapter 601.
5959 (d) The [Department of Public Safety, the] Texas Department
6060 of Insurance, the Department of Information Resources, and the
6161 department shall jointly adopt rules and develop forms necessary to
6262 administer this section.
6363 SECTION 4. Sections 521.001(a)(1-a) and (2),
6464 Transportation Code, are amended to read as follows:
6565 (1-a) "Department" means the Texas Department of Motor
6666 Vehicles [Public Safety].
6767 (2) "Director" means the executive [public safety]
6868 director of the department.
6969 SECTION 5. Section 521.001(c), Transportation Code, is
7070 amended to read as follows:
7171 (c) The department by rule may define types of vehicles that
7272 are "motorcycles" for the purposes of this chapter, in addition to
7373 those defined under Subsection (a)(6-a), and for the purposes of[.
7474 The Texas Department of Motor Vehicles by rule may define the types
7575 of vehicles that are "motorcycles" for the purposes of] Chapters
7676 501, 502, and 503. This subsection applies only to vehicles
7777 manufactured by a manufacturer licensed under Chapter 2301,
7878 Occupations Code.
7979 SECTION 6. Subchapter C, Chapter 521, Transportation Code,
8080 is amended by adding Section 521.064 to read as follows:
8181 Sec. 521.064. REPRODUCTION OF RECORDS. (a) Except as
8282 provided by Subsection (b), the department may photograph,
8383 microphotograph, or film any record in connection with the issuance
8484 of a driver's license or commercial driver's license.
8585 (b) An original fingerprint card may not be photographed or
8686 filmed to dispose of the original record.
8787 (c) The department may create original records in
8888 micrographic form on media, such as computer output microfilm.
8989 (d) A photograph, microphotograph, or film of a record
9090 reproduced under Subsection (a) is equivalent to the original
9191 record for all purposes, including introduction as evidence in all
9292 courts and administrative agency proceedings. A certified or
9393 authenticated copy of such a photograph, microphotograph, or film
9494 is admissible as evidence equally with the original photograph,
9595 microphotograph, or film.
9696 (e) The director or an authorized representative may
9797 certify the authenticity of a photograph, microphotograph, or film
9898 of a record reproduced under this section and shall charge a fee for
9999 the certified photograph, microphotograph, or film as provided by
100100 law.
101101 (f) Certified records shall be furnished to any person who
102102 is authorized by law to receive them.
103103 SECTION 7. Section 521.103, Transportation Code, is amended
104104 by adding Subsection (d) to read as follows:
105105 (d) The department shall promptly send to the Department of
106106 Public Safety any photograph of a person described by Subsection
107107 (a) that is made available to the department through the process of
108108 issuing a personal identification certificate under this section,
109109 including a renewal, duplicate, or corrected certificate, for use
110110 by the Department of Public Safety for purposes of Article
111111 62.005(c), Code of Criminal Procedure.
112112 SECTION 8. Section 521.247, Transportation Code, is amended
113113 to read as follows:
114114 Sec. 521.247. APPROVAL OF IGNITION INTERLOCK DEVICES BY
115115 DEPARTMENT OF PUBLIC SAFETY. (a) The Department of Public Safety
116116 [department] shall adopt rules for the approval of ignition
117117 interlock devices used under this subchapter.
118118 (b) The Department of Public Safety [department] by rule
119119 shall establish general standards for the calibration and
120120 maintenance of the devices. The manufacturer or an authorized
121121 representative of the manufacturer is responsible for calibrating
122122 and maintaining the device.
123123 (c) If the Department of Public Safety [department]
124124 approves a device, the Department of Public Safety [department]
125125 shall notify the manufacturer of that approval in writing. Written
126126 notice from the Department of Public Safety [department] to a
127127 manufacturer is admissible in a civil or criminal proceeding in
128128 this state. The manufacturer shall reimburse the Department of
129129 Public Safety [department] for any cost incurred by the Department
130130 of Public Safety [department] in approving the device.
131131 (d) The Department of Public Safety [department] is not
132132 liable in a civil or criminal proceeding that arises from the use of
133133 an approved device.
134134 SECTION 9. Section 521.2475, Transportation Code, is
135135 amended to read as follows:
136136 Sec. 521.2475. IGNITION INTERLOCK DEVICE EVALUATION. (a)
137137 On January 1 of each year, the Department of Public Safety
138138 [department] shall issue an evaluation of each ignition interlock
139139 device approved under Section 521.247 using guidelines established
140140 by the National Highway Traffic Safety Administration, including:
141141 (1) whether the device provides accurate detection of
142142 alveolar air;
143143 (2) the moving retest abilities of the device;
144144 (3) the use of tamper-proof blood alcohol content
145145 level software by the device;
146146 (4) the anticircumvention design of the device;
147147 (5) the recalibration requirements of the device; and
148148 (6) the breath action required by the operator.
149149 (b) The Department of Public Safety [department] shall
150150 assess the cost of preparing the evaluation equally against each
151151 manufacturer of an approved device.
152152 SECTION 10. Sections 521.2476(a), (b), (c), and (d),
153153 Transportation Code, are amended to read as follows:
154154 (a) The Department of Public Safety [department] by rule
155155 shall establish:
156156 (1) minimum standards for vendors of ignition
157157 interlock devices who conduct business in this state; and
158158 (2) procedures to ensure compliance with those
159159 standards, including procedures for the inspection of a vendor's
160160 facilities.
161161 (b) The minimum standards shall require each vendor to:
162162 (1) be authorized by the Department of Public Safety
163163 [department] to do business in this state;
164164 (2) install a device only if the device is approved
165165 under Section 521.247;
166166 (3) obtain liability insurance providing coverage for
167167 damages arising out of the operation or use of devices in amounts
168168 and under the terms specified by the Department of Public Safety
169169 [department];
170170 (4) install the device and activate any
171171 anticircumvention feature of the device within a reasonable time
172172 after the vendor receives notice that installation is ordered by a
173173 court;
174174 (5) install and inspect the device in accordance with
175175 any applicable court order;
176176 (6) repair or replace a device not later than 48 hours
177177 after receiving notice of a complaint regarding the operation of
178178 the device;
179179 (7) submit a written report of any violation of a court
180180 order to that court and to the person's supervising officer, if any,
181181 not later than 48 hours after the vendor discovers the violation;
182182 (8) maintain a record of each action taken by the
183183 vendor with respect to each device installed by the vendor,
184184 including each action taken as a result of an attempt to circumvent
185185 the device, until at least the fifth anniversary after the date of
186186 installation;
187187 (9) make a copy of the record available for inspection
188188 by or send a copy of the record to any court, supervising officer,
189189 or the Department of Public Safety [department] on request; and
190190 (10) annually provide to the Department of Public
191191 Safety [department] a written report of each service and ignition
192192 interlock device feature made available by the vendor.
193193 (c) The Department of Public Safety [department] may revoke
194194 its [the department's] authorization for a vendor to do business in
195195 this state if the vendor or an officer or employee of the vendor
196196 violates:
197197 (1) any law of this state that applies to the vendor;
198198 or
199199 (2) any rule adopted by the Department of Public
200200 Safety [department] under this section or another law that applies
201201 to the vendor.
202202 (d) A vendor shall reimburse the Department of Public Safety
203203 [department] for the reasonable cost of conducting each inspection
204204 of the vendor's facilities under this section.
205205 SECTION 11. Section 521.272, Transportation Code, is
206206 amended by adding Subsection (e) to read as follows:
207207 (e) The department shall promptly send to the Department of
208208 Public Safety any photograph of a person described by Subsection
209209 (a) that is made available to the department through the process of
210210 issuing a driver's license under this section, including a renewal,
211211 duplicate, or corrected license, for use by the Department of
212212 Public Safety for purposes of Article 62.005(c), Code of Criminal
213213 Procedure.
214214 SECTION 12. Section 522.003(8), Transportation Code, is
215215 amended to read as follows:
216216 (8) "Department" means the Texas Department of Motor
217217 Vehicles [Public Safety].
218218 SECTION 13. Section 522.007, Transportation Code, is
219219 amended to read as follows:
220220 Sec. 522.007. EXEMPTION FOR NEIGHBORING STATES. (a) The
221221 executive [public safety] director of the department shall enter
222222 negotiations with an appropriate person or entity of a state
223223 bordering this state for the purpose of applying the exemption
224224 contained in Section 522.004(a)(1) to residents of that state.
225225 (b) The executive [public safety] director of the
226226 department may enter an agreement to apply the exemption contained
227227 in Section 522.004(a)(1) to residents of a bordering state only if
228228 that state extends a similar exemption to residents of this state.
229229 SECTION 14. Section 522.152(d), Transportation Code, is
230230 amended to read as follows:
231231 (d) The organization shall submit an annual report to the
232232 executive director of the department that includes the total dollar
233233 amount of contributions received by the organization under this
234234 section.
235235 SECTION 15. Sections 523.003(2) and (5), Transportation
236236 Code, are amended to read as follows:
237237 (2) "Executive director" means the executive director
238238 of the Texas Department of Motor Vehicles [Public Safety] or the
239239 equivalent officer of another state.
240240 (5) "Licensing authority" means the Texas Department
241241 of Motor Vehicles [Public Safety] or the equivalent agency of
242242 another state.
243243 SECTION 16. Sections 524.001(8) and (9), Transportation
244244 Code, are amended to read as follows:
245245 (8) "Department" means the Texas Department of Motor
246246 Vehicles [Public Safety].
247247 (9) "Director" means the executive [public safety]
248248 director of the department.
249249 SECTION 17. Section 525.001(b), Transportation Code, is
250250 amended to read as follows:
251251 (b) The Texas Department of Motor Vehicles [Public Safety]
252252 shall include motorcycle and bicycle awareness information in [any
253253 edition of] the Texas driver's handbook [published after the
254254 department exhausts the supply of the handbook that the department
255255 had on September 1, 1993].
256256 SECTION 18. Section 601.002(1), Transportation Code, is
257257 amended to read as follows:
258258 (1) "Department" means the Texas Department of Motor
259259 Vehicles [Public Safety].
260260 SECTION 19. Subchapter A, Chapter 601, Transportation Code,
261261 is amended by adding Section 601.010 to read as follows:
262262 Sec. 601.010. NOTICE TO DEPARTMENT OF PUBLIC SAFETY. The
263263 department shall promptly send notice to the Department of Public
264264 Safety of the suspension of a driver's license and vehicle
265265 registration under this chapter.
266266 SECTION 20. Section 601.023, Transportation Code, is
267267 amended to read as follows:
268268 Sec. 601.023. PAYMENT OF STATUTORY FEES. The department
269269 may pay[:
270270 [(1) a statutory fee required by the Texas Department
271271 of Motor Vehicles for a certified abstract or in connection with
272272 suspension of a vehicle registration; or
273273 [(2)] a statutory fee payable to the comptroller for
274274 issuance of a certificate of deposit required by Section 601.122.
275275 SECTION 21. Section 601.233(a), Transportation Code, is
276276 amended to read as follows:
277277 (a) A citation for an offense under Section 601.191 issued
278278 as a result of Section 601.053 must include, in type larger than
279279 other type on the citation, except for the type of the statement
280280 required by Section 708.105, the following statement:
281281 "A second or subsequent conviction of an offense under
282282 the Texas Motor Vehicle Safety Responsibility Act will
283283 result in the suspension of your driver's license and
284284 motor vehicle registration unless you file and
285285 maintain evidence of financial responsibility with the
286286 Texas Department of Motor Vehicles [Public Safety] for
287287 two years from the date of conviction. The department
288288 may waive the requirement to file evidence of
289289 financial responsibility if you file satisfactory
290290 evidence with the department showing that at the time
291291 this citation was issued, the vehicle was covered by a
292292 motor vehicle liability insurance policy or that you
293293 were otherwise exempt from the requirements to provide
294294 evidence of financial responsibility."
295295 SECTION 22. Section 601.451, Transportation Code, is
296296 amended to read as follows:
297297 Sec. 601.451. DEFINITION. In this subchapter,
298298 "implementing agencies" means:
299299 (1) the department;
300300 (2) [the Texas Department of Motor Vehicles;
301301 [(3)] the Texas Department of Insurance; and
302302 (3) [(4)] the Department of Information Resources.
303303 SECTION 23. Section 662.011(a), Transportation Code, is
304304 amended to read as follows:
305305 (a) Of each fee collected under Sections 521.421(b) and (f)
306306 and Sections 522.029(f) and (g), the Texas Department of Motor
307307 Vehicles [Public Safety] shall send $5 to the comptroller for
308308 deposit to the credit of the motorcycle education fund account.
309309 SECTION 24. Section 703.001(2), Transportation Code, is
310310 amended to read as follows:
311311 (2) "Department" and "licensing authority" mean the
312312 Texas Department of Motor Vehicles [Public Safety].
313313 SECTION 25. Section 706.001(2), Transportation Code, is
314314 amended to read as follows:
315315 (2) "Department" means the Texas Department of Motor
316316 Vehicles [Public Safety].
317317 SECTION 26. Section 706.008(c), Transportation Code, is
318318 amended to read as follows:
319319 (c) Except for an action based on a citation issued by a
320320 peace officer employed by the Department of Public Safety
321321 [department], the vendor may not be compensated with state money.
322322 SECTION 27. Section 724.001(7), Transportation Code, is
323323 amended to read as follows:
324324 (7) "Department" means the Texas Department of Motor
325325 Vehicles [Public Safety].
326326 SECTION 28. Section 724.016, Transportation Code, is
327327 amended to read as follows:
328328 Sec. 724.016. BREATH SPECIMEN. (a) A breath specimen taken
329329 at the request or order of a peace officer must be taken and
330330 analyzed under rules of the Department of Public Safety
331331 [department] by an individual possessing a certificate issued by
332332 the Department of Public Safety [department] certifying that the
333333 individual is qualified to perform the analysis.
334334 (b) The Department of Public Safety [department] may:
335335 (1) adopt rules approving satisfactory analytical
336336 methods; and
337337 (2) ascertain the qualifications of an individual to
338338 perform the analysis.
339339 (c) The Department of Public Safety [department] may revoke
340340 a certificate for cause.
341341 SECTION 29. Sections 724.032(a) and (b), Transportation
342342 Code, are amended to read as follows:
343343 (a) If a person refuses to submit to the taking of a
344344 specimen, whether expressly or because of an intentional failure of
345345 the person to give the specimen, the peace officer shall:
346346 (1) serve notice of license suspension or denial on
347347 the person;
348348 (2) take possession of any license issued by this
349349 state and held by the person arrested;
350350 (3) issue a temporary driving permit to the person
351351 unless department records show or the officer otherwise determines
352352 that the person does not hold a license to operate a motor vehicle
353353 in this state; and
354354 (4) make a written report of the refusal to the
355355 executive director of the department.
356356 (b) The executive director of the department must approve
357357 the form of the refusal report. The report must:
358358 (1) show the grounds for the officer's belief that the
359359 person had been operating a motor vehicle or watercraft powered
360360 with an engine having a manufacturer's rating of 50 horsepower or
361361 above while intoxicated; and
362362 (2) contain a copy of:
363363 (A) the refusal statement requested under
364364 Section 724.031; or
365365 (B) a statement signed by the officer that the
366366 person refused to:
367367 (i) submit to the taking of the requested
368368 specimen; and
369369 (ii) sign the requested statement under
370370 Section 724.031.
371371 SECTION 30. Subchapter C, Chapter 724, Transportation Code,
372372 is amended by adding Section 724.0345 to read as follows:
373373 Sec. 724.0345. NOTICE TO DEPARTMENT. The Texas Department
374374 of Motor Vehicles shall promptly send a copy of each notice of
375375 suspension or denial of a license to the department.
376376 SECTION 31. Section 411.0111, Government Code, is
377377 transferred to Chapter 1003, Transportation Code, and redesignated
378378 as Section 1003.008, Transportation Code, to read as follows:
379379 Sec. 1003.008 [411.0111]. PROVISION OF CERTAIN INFORMATION
380380 TO COMPTROLLER. (a) Not later than June 1 of every fifth year, the
381381 department shall provide to the comptroller, for the purpose of
382382 assisting the comptroller in the identification of persons entitled
383383 to unclaimed property reported to the comptroller, the name,
384384 address, social security number, date of birth, and driver's
385385 license or state identification number of each person about whom
386386 the department has such information in its records.
387387 (b) Information provided to the comptroller under this
388388 section is confidential and may not be disclosed to the public.
389389 (c) The department shall provide the information in the
390390 format prescribed by rule of the comptroller.
391391 SECTION 32. Sections 106.115(b-2), (d), and (e), Alcoholic
392392 Beverage Code, are amended to read as follows:
393393 (b-2) For purposes of Subsection (b-1), if the defendant is
394394 enrolled in an institution of higher education located in a county
395395 in which access to an alcohol awareness program is readily
396396 available, the court may consider the defendant to be a resident of
397397 that county. If the defendant is not enrolled in such an
398398 institution of higher education or if the court does not consider
399399 the defendant to be a resident of the county in which the
400400 institution is located, the defendant's residence is the residence
401401 listed on the defendant's driver's license or personal
402402 identification certificate issued by the Texas Department of Motor
403403 Vehicles [Public Safety]. If the defendant does not have a driver's
404404 license or personal identification certificate issued by the Texas
405405 Department of Motor Vehicles [Public Safety], the defendant's
406406 residence is the residence on the defendant's voter registration
407407 certificate. If the defendant is not registered to vote, the
408408 defendant's residence is the residence on file with the public
409409 school district on which the defendant's enrollment is based. If
410410 the defendant is not enrolled in public school, the defendant's
411411 residence is determined as provided by commission rule.
412412 (d) If the defendant does not present the required evidence
413413 within the prescribed period, the court:
414414 (1) shall order the Texas Department of Motor Vehicles
415415 [Public Safety] to:
416416 (A) suspend the defendant's driver's license or
417417 permit for a period not to exceed six months or, if the defendant
418418 does not have a license or permit, to deny the issuance of a license
419419 or permit to the defendant for that period; or
420420 (B) if the defendant has been previously
421421 convicted of an offense under one or more of the sections listed in
422422 Subsection (a), suspend the defendant's driver's license or permit
423423 for a period not to exceed one year or, if the defendant does not
424424 have a license or permit, to deny the issuance of a license or
425425 permit to the defendant for that period; and
426426 (2) may order the defendant or the parent, managing
427427 conservator, or guardian of the defendant to do any act or refrain
428428 from doing any act if the court determines that doing the act or
429429 refraining from doing the act will increase the likelihood that the
430430 defendant will present evidence to the court that the defendant has
431431 satisfactorily completed an alcohol awareness program or performed
432432 the required hours of community service.
433433 (e) The Texas Department of Motor Vehicles [Public Safety]
434434 shall send notice of the suspension or prohibition order issued
435435 under Subsection (d) by first class mail to the defendant. The
436436 notice must include the date of the suspension or prohibition
437437 order, the reason for the suspension or prohibition, and the period
438438 covered by the suspension or prohibition.
439439 SECTION 33. Section 106.15(e), Alcoholic Beverage Code, is
440440 amended to read as follows:
441441 (e) A person does not commit an offense under Subsection (a)
442442 if the person younger than 18 years of age falsely represents the
443443 person's age to be at least 18 years of age by displaying an
444444 apparently valid Texas driver's license or an identification card
445445 issued by the Texas Department of Motor Vehicles [Public Safety]
446446 containing a physical description consistent with the person's
447447 appearance.
448448 SECTION 34. Section 20.23(b), Business & Commerce Code, is
449449 amended to read as follows:
450450 (b) Information or documentation that identifies a
451451 protected consumer or a representative of a protected consumer is
452452 considered sufficient proof of identity for purposes of this
453453 subchapter, including:
454454 (1) a social security number or a copy of the social
455455 security card issued by the United States Social Security
456456 Administration;
457457 (2) a certified or official copy of a birth
458458 certificate issued by the entity authorized to issue the birth
459459 certificate;
460460 (3) a copy of a driver's license or identification card
461461 issued by the Texas Department of Motor Vehicles [Public Safety];
462462 or
463463 (4) any other government-issued identification.
464464 SECTION 35. Article 42.016, Code of Criminal Procedure, is
465465 amended to read as follows:
466466 Art. 42.016. SPECIAL DRIVER'S LICENSE OR IDENTIFICATION
467467 REQUIREMENTS FOR CERTAIN SEX OFFENDERS. If a person is convicted
468468 of, receives a grant of deferred adjudication for, or is
469469 adjudicated as having engaged in delinquent conduct based on a
470470 violation of an offense for which a conviction or adjudication
471471 requires registration as a sex offender under Chapter 62, the court
472472 shall:
473473 (1) issue an order requiring the Texas Department of
474474 Motor Vehicles [Public Safety] to include in any driver's license
475475 record or personal identification certificate record maintained by
476476 the department for the person an indication that the person is
477477 subject to the registration requirements of Chapter 62;
478478 (2) require the person to apply to the Texas
479479 Department of Motor Vehicles [Public Safety] in person for an
480480 original or renewal driver's license or personal identification
481481 certificate not later than the 30th day after the date the person is
482482 released or the date the department sends written notice to the
483483 person of the requirements of Article 62.060, as applicable, and to
484484 annually renew the license or certificate;
485485 (3) notify the person of the consequence of the
486486 conviction or order of deferred adjudication as it relates to the
487487 order issued under this article; and
488488 (4) send to the Texas Department of Motor Vehicles
489489 [Public Safety] a copy of the record of conviction, a copy of the
490490 order granting deferred adjudication, or a copy of the juvenile
491491 adjudication, as applicable, and a copy of the order issued under
492492 this article.
493493 SECTION 36. Article 42A.403(a), Code of Criminal Procedure,
494494 is amended to read as follows:
495495 (a) A judge who places on community supervision a defendant
496496 convicted of an offense under Sections 49.04-49.08, Penal Code,
497497 shall require as a condition of community supervision that the
498498 defendant attend and successfully complete, before the 181st day
499499 after the date community supervision is granted, an educational
500500 program designed to rehabilitate persons who have driven while
501501 intoxicated that is jointly approved by:
502502 (1) the Texas Department of Licensing and Regulation;
503503 (2) the Texas Department of Motor Vehicles [Public
504504 Safety];
505505 (3) the traffic safety section of the traffic
506506 operations division of the Texas Department of Transportation; and
507507 (4) the community justice assistance division of the
508508 Texas Department of Criminal Justice.
509509 SECTION 37. Article 42A.406, Code of Criminal Procedure, is
510510 amended to read as follows:
511511 Art. 42A.406. EFFECT OF EDUCATIONAL PROGRAM REQUIREMENTS ON
512512 DRIVING RECORD AND LICENSE. (a) If a defendant is required as a
513513 condition of community supervision to attend an educational program
514514 under Article 42A.403 or 42A.404, or if the court waives the
515515 educational program requirement under Article 42A.403 or the
516516 defendant successfully completes equivalent education under
517517 Article 42A.4045, the court clerk shall immediately report that
518518 fact to the Texas Department of Motor Vehicles [Public Safety], on a
519519 form prescribed by the department, for inclusion in the defendant's
520520 driving record. If the court grants an extension of time in which
521521 the defendant may complete the educational program under Article
522522 42A.403, the court clerk shall immediately report that fact to the
523523 Texas Department of Motor Vehicles [Public Safety] on a form
524524 prescribed by the department. The clerk's report under this
525525 subsection must include the beginning date of the defendant's
526526 community supervision.
527527 (b) On the defendant's successful completion of an
528528 educational program under Article 42A.403 or 42A.404, the
529529 defendant's instructor shall give notice to the Texas Department of
530530 Motor Vehicles [Public Safety] for inclusion in the defendant's
531531 driving record and to the community supervision and corrections
532532 department. The community supervision and corrections department
533533 shall forward the notice to the court clerk for filing.
534534 (c) [(b-1)] Upon release from a residential treatment
535535 facility at which the person successfully completed equivalent
536536 education under Article 42A.4045, at the request of the court
537537 clerk, the director of the residential treatment facility shall
538538 give notice to the Texas Department of Motor Vehicles [Public
539539 Safety] for inclusion in the person's driving record.
540540 (d) [(c)] If the Texas Department of Motor Vehicles [Public
541541 Safety] does not receive notice that a defendant required to
542542 complete an educational program has successfully completed the
543543 program within the period required by the judge under this
544544 subchapter, as shown on department records, the department, as
545545 provided by Sections 521.344(e) and (f), Transportation Code,
546546 shall:
547547 (1) revoke the defendant's driver's license; or
548548 (2) prohibit the defendant from obtaining a license.
549549 (e) [(d)] The Texas Department of Motor Vehicles [Public
550550 Safety] may not reinstate a license revoked under Subsection (d)
551551 [(c)] as the result of an educational program requirement imposed
552552 under Article 42A.403 unless the defendant whose license was
553553 revoked applies to the department for reinstatement of the license
554554 and pays to the department a reinstatement fee of $100. The Texas
555555 Department of Motor Vehicles [Public Safety] shall remit all fees
556556 collected under this subsection to the comptroller for deposit in
557557 the general revenue fund.
558558 SECTION 38. Articles 42A.407(c) and (e), Code of Criminal
559559 Procedure, are amended to read as follows:
560560 (c) If the Texas Department of Motor Vehicles [Public
561561 Safety] receives notice that a defendant has been required to
562562 attend a subsequent educational program under Article 42A.403 or
563563 42A.404, although the previously required attendance had been
564564 waived, but the judge has not ordered a period of suspension, the
565565 department shall:
566566 (1) suspend the defendant's driver's license; or
567567 (2) issue an order prohibiting the defendant from
568568 obtaining a license for a period of one year.
569569 (e) The suspension of a defendant's driver's license under
570570 Subsection (d) shall be reported to the Texas Department of Motor
571571 Vehicles [Public Safety] as provided under Section 521.347,
572572 Transportation Code.
573573 SECTION 39. Articles 45.050(c) and (f), Code of Criminal
574574 Procedure, are amended to read as follows:
575575 (c) If a child fails to obey an order of a justice or
576576 municipal court under circumstances that would constitute contempt
577577 of court, the justice or municipal court, after providing notice
578578 and an opportunity to be heard, may:
579579 (1) refer the child to the appropriate juvenile court
580580 for delinquent conduct for contempt of the justice or municipal
581581 court order; or
582582 (2) retain jurisdiction of the case, hold the child in
583583 contempt of the justice or municipal court, and order either or both
584584 of the following:
585585 (A) that the contemnor pay a fine not to exceed
586586 $500; or
587587 (B) that the Texas Department of Motor Vehicles
588588 [Public Safety] suspend the contemnor's driver's license or permit
589589 or, if the contemnor does not have a license or permit, to deny the
590590 issuance of a license or permit to the contemnor until the contemnor
591591 fully complies with the orders of the court.
592592 (f) A court that orders suspension or denial of a driver's
593593 license or permit under Subsection (c)(2)(B) shall notify the Texas
594594 Department of Motor Vehicles [Public Safety] on receiving proof of
595595 compliance with the orders of the court.
596596 SECTION 40. Articles 45.051(b-1) and (b-3), Code of
597597 Criminal Procedure, are amended to read as follows:
598598 (b-1) If the defendant is younger than 25 years of age and
599599 the offense committed by the defendant is a traffic offense
600600 classified as a moving violation:
601601 (1) Subsection (b)(8) does not apply;
602602 (2) during the deferral period, the judge:
603603 (A) shall require the defendant to complete a
604604 driving safety course approved under Chapter 1001, Education Code;
605605 and
606606 (B) may require the defendant to complete an
607607 additional driving safety course designed for drivers younger than
608608 25 years of age and approved under Section 1001.111, Education
609609 Code; and
610610 (3) if the defendant holds a provisional license,
611611 during the deferral period the judge shall require that the
612612 defendant be examined by the Texas Department of Motor Vehicles
613613 [Public Safety] as required by Section 521.161(b)(2),
614614 Transportation Code; a defendant is not exempt from the examination
615615 regardless of whether the defendant was examined previously.
616616 (b-3) The fee collected under Subsection (b-2) must be
617617 deposited to the credit of the Texas Department of Motor Vehicles
618618 fund [a special account in the general revenue fund] and may be used
619619 only by the Texas Department of Motor Vehicles [Public Safety] for
620620 the administration of Chapter 521, Transportation Code.
621621 SECTION 41. Articles 45.0511(c), (c-1), and (l), Code of
622622 Criminal Procedure, are amended to read as follows:
623623 (c) The court shall enter judgment on the defendant's plea
624624 of no contest or guilty at the time the plea is made, defer
625625 imposition of the judgment, and allow the defendant 90 days to
626626 successfully complete the approved driving safety course or
627627 motorcycle operator training course and present to the court:
628628 (1) a uniform certificate of completion of the driving
629629 safety course or a verification of completion of the motorcycle
630630 operator training course;
631631 (2) unless the judge proceeds under Subsection (c-1),
632632 the defendant's driving record as maintained by the Texas
633633 Department of Motor Vehicles [Public Safety], if any, showing that
634634 the defendant had not completed an approved driving safety course
635635 or motorcycle operator training course, as applicable, within the
636636 12 months preceding the date of the offense;
637637 (3) an affidavit stating that the defendant was not
638638 taking a driving safety course or motorcycle operator training
639639 course, as applicable, under this article on the date the request to
640640 take the course was made and had not completed such a course that is
641641 not shown on the defendant's driving record within the 12 months
642642 preceding the date of the offense; and
643643 (4) if the defendant does not have a valid Texas
644644 driver's license or permit and is a member, or the spouse or
645645 dependent child of a member, of the United States military forces
646646 serving on active duty, an affidavit stating that the defendant was
647647 not taking a driving safety course or motorcycle operator training
648648 course, as appropriate, in another state on the date the request to
649649 take the course was made and had not completed such a course within
650650 the 12 months preceding the date of the offense.
651651 (c-1) In this subsection, "state electronic Internet
652652 portal" has the meaning assigned by Section 2054.003, Government
653653 Code. As an alternative to receiving the defendant's driving
654654 record under Subsection (c)(2), the judge, at the time the
655655 defendant requests a driving safety course or motorcycle operator
656656 training course dismissal under this article, may require the
657657 defendant to pay a fee in an amount equal to the sum of the amount of
658658 the fee established by Section 521.048, Transportation Code, and
659659 the state electronic Internet portal fee and, using the state
660660 electronic Internet portal, may request the Texas Department of
661661 Motor Vehicles [Public Safety] to provide the judge with a copy of
662662 the defendant's driving record that shows the information described
663663 by Section 521.047(b), Transportation Code. As soon as
664664 practicable and using the state electronic Internet portal, the
665665 Texas Department of Motor Vehicles [Public Safety] shall provide
666666 the judge with the requested copy of the defendant's driving
667667 record. The fee authorized by this subsection is in addition to
668668 any other fee required under this article. If the copy of the
669669 defendant's driving record provided to the judge under this
670670 subsection shows that the defendant has not completed an approved
671671 driving safety course or motorcycle operator training course, as
672672 appropriate, within the 12 months preceding the date of the
673673 offense, the judge shall allow the defendant to complete the
674674 appropriate course as provided by this article. The custodian of a
675675 municipal or county treasury who receives fees collected under this
676676 subsection shall keep a record of the fees and, without deduction or
677677 proration, forward the fees to the comptroller, with and in the
678678 manner required for other fees and costs received in connection
679679 with criminal cases. The comptroller shall credit fees received
680680 under this subsection to the Texas Department of Motor Vehicles
681681 [Public Safety].
682682 (l) When a defendant complies with Subsection (c), the court
683683 shall:
684684 (1) remove the judgment and dismiss the charge;
685685 (2) report the fact that the defendant successfully
686686 completed a driving safety course or a motorcycle operator training
687687 course and the date of completion to the Texas Department of Motor
688688 Vehicles [Public Safety] for inclusion in the person's driving
689689 record; and
690690 (3) state in that report whether the course was taken
691691 under this article to provide information necessary to determine
692692 eligibility to take a subsequent course under Subsection (b).
693693 SECTION 42. Article 45.052(d), Code of Criminal Procedure,
694694 is amended to read as follows:
695695 (d) A charge dismissed under this article may not be part of
696696 the defendant's criminal record or driving record or used for any
697697 purpose. However, if the charge was for a traffic offense, the
698698 court shall report to the Texas Department of Motor Vehicles
699699 [Public Safety] that the defendant successfully completed the teen
700700 court program and the date of completion for inclusion in the
701701 defendant's driving record.
702702 SECTION 43. Article 62.053(a), Code of Criminal Procedure,
703703 as amended by Chapters 329 (H.B. 355) and 924 (S.B. 1553), Acts of
704704 the 85th Legislature, Regular Session, 2017, is reenacted and
705705 amended to read as follows:
706706 (a) Before a person who will be subject to registration
707707 under this chapter is due to be released from a penal institution,
708708 the Texas Department of Criminal Justice or the Texas Juvenile
709709 Justice Department shall determine the person's level of risk to
710710 the community using the sex offender screening tool developed or
711711 selected under Article 62.007 and assign to the person a numeric
712712 risk level of one, two, or three. Before releasing the person, an
713713 official of the penal institution shall:
714714 (1) inform the person that:
715715 (A) not later than the later of the seventh day
716716 after the date on which the person is released or after the date on
717717 which the person moves from a previous residence to a new residence
718718 in this state or not later than the first date the applicable local
719719 law enforcement authority by policy allows the person to register
720720 or verify registration, the person must register or verify
721721 registration with the local law enforcement authority in the
722722 municipality or county in which the person intends to reside;
723723 (B) not later than the seventh day after the date
724724 on which the person is released or the date on which the person
725725 moves from a previous residence to a new residence in this state,
726726 the person must, if the person has not moved to an intended
727727 residence, report to the applicable entity or entities as required
728728 by Article 62.051(h) or (j) or 62.055(e);
729729 (C) not later than the seventh day before the
730730 date on which the person moves to a new residence in this state or
731731 another state, the person must report in person to the local law
732732 enforcement authority designated as the person's primary
733733 registration authority by the department and to the juvenile
734734 probation officer, community supervision and corrections
735735 department officer, or parole officer supervising the person;
736736 (D) not later than the 10th day after the date on
737737 which the person arrives in another state in which the person
738738 intends to reside, the person must register with the law
739739 enforcement agency that is identified by the department as the
740740 agency designated by that state to receive registration
741741 information, if the other state has a registration requirement for
742742 sex offenders;
743743 (E) not later than the 30th day after the date on
744744 which the person is released, the person must apply to the Texas
745745 Department of Motor Vehicles [department] in person for the
746746 issuance of an original or renewal driver's license or personal
747747 identification certificate and a failure to apply to the Texas
748748 Department of Motor Vehicles [department] as required by this
749749 paragraph results in the automatic revocation of any driver's
750750 license or personal identification certificate issued by the Texas
751751 Department of Motor Vehicles [department] to the person;
752752 (F) the person must notify appropriate entities
753753 of any change in status as described by Article 62.057;
754754 (G) certain types of employment are prohibited
755755 under Article 62.063 for a person with a reportable conviction or
756756 adjudication for a sexually violent offense involving a victim
757757 younger than 14 years of age and occurring on or after September 1,
758758 2013; [and]
759759 (H) certain locations of residence are
760760 prohibited under Article 62.064 for a person with a reportable
761761 conviction or adjudication for an offense occurring on or after
762762 September 1, 2017, except as otherwise provided by that article;
763763 and
764764 (I) [(H)] if the person enters the premises of a
765765 school as described by Article 62.065 [62.064] and is subject to the
766766 requirements of that article, the person must immediately notify
767767 the administrative office of the school of the person's presence
768768 and the person's registration status under this chapter;
769769 (2) require the person to sign a written statement
770770 that the person was informed of the person's duties as described by
771771 Subdivision (1) or Subsection (g) or, if the person refuses to sign
772772 the statement, certify that the person was so informed;
773773 (3) obtain the address or, if applicable, a detailed
774774 description of each geographical location where the person expects
775775 to reside on the person's release and other registration
776776 information, including a photograph and complete set of
777777 fingerprints; and
778778 (4) complete the registration form for the person.
779779 SECTION 44. Article 62.060, Code of Criminal Procedure, is
780780 amended to read as follows:
781781 Art. 62.060. REQUIREMENTS RELATING TO DRIVER'S LICENSE OR
782782 PERSONAL IDENTIFICATION CERTIFICATE. (a) A person subject to
783783 registration under this chapter shall apply to the Texas Department
784784 of Motor Vehicles [department] in person for the issuance of, as
785785 applicable, an original or renewal driver's license under Section
786786 521.272, Transportation Code, an original or renewal personal
787787 identification certificate under Section 521.103, Transportation
788788 Code, or an original or renewal commercial driver's license or
789789 commercial learner's permit under Section 522.033, Transportation
790790 Code, not later than the 30th day after the date:
791791 (1) the person is released from a penal institution or
792792 is released by a court on community supervision or juvenile
793793 probation; or
794794 (2) the Texas Department of Motor Vehicles
795795 [department] sends written notice to the person of the requirements
796796 of this article.
797797 (b) The person shall annually renew in person each driver's
798798 license or personal identification certificate issued by the Texas
799799 Department of Motor Vehicles [department] to the person, including
800800 each renewal, duplicate, or corrected license or certificate, until
801801 the person's duty to register under this chapter expires.
802802 SECTION 45. Article 62.2021(a), Code of Criminal Procedure,
803803 is amended to read as follows:
804804 (a) Notwithstanding Article 62.060(b), a person subject to
805805 registration who is civilly committed as a sexually violent
806806 predator and resides at a civil commitment center shall renew the
807807 person's state-issued [department-issued] driver's license or
808808 personal identification certificate as prescribed by Section
809809 521.103, 521.272, or 522.033, Transportation Code, as applicable.
810810 SECTION 46. Article 102.022(a), Code of Criminal Procedure,
811811 is amended to read as follows:
812812 (a) In this article, "moving violation" means an offense
813813 that:
814814 (1) involves the operation of a motor vehicle; and
815815 (2) is classified as a moving violation by the Texas
816816 Department of Motor Vehicles [Public Safety] under Section 708.052,
817817 Transportation Code.
818818 SECTION 47. Section 1001.056(d), Education Code, is amended
819819 to read as follows:
820820 (d) A certificate under this section must:
821821 (1) be in a form required by the department; and
822822 (2) include an identifying number by which the
823823 department, a court, [or] the Department of Public Safety, or the
824824 Texas Department of Motor Vehicles may verify its authenticity with
825825 the course provider.
826826 SECTION 48. Section 1001.058(b), Education Code, is amended
827827 to read as follows:
828828 (b) The advisory committee consists of 12 [eleven] members
829829 appointed for staggered six-year terms by the presiding officer of
830830 the commission, with the approval of the commission, as follows:
831831 (1) one member representing a driver education school
832832 that offers a traditional classroom course and in-car training;
833833 (2) one member representing a driver education school
834834 that offers a traditional classroom course, alternative methods of
835835 instruction, or in-car training;
836836 (3) one member representing a driving safety school
837837 offering a traditional classroom course or providing an alternative
838838 method of instruction;
839839 (4) one member representing a driving safety course
840840 provider approved for a traditional classroom course and for an
841841 alternative method of instruction;
842842 (5) one member representing a driving safety course
843843 provider approved for a traditional classroom course or for an
844844 alternative method of instruction;
845845 (6) one licensed instructor;
846846 (7) one representative of the Department of Public
847847 Safety;
848848 (8) one member representing a drug and alcohol driving
849849 awareness program course provider;
850850 (9) one member representing a parent-taught course
851851 provider; [and]
852852 (10) two members representing the public; and
853853 (11) one representative of the Texas Department of
854854 Motor Vehicles.
855855 SECTION 49. Section 13.002(c), Election Code, is amended to
856856 read as follows:
857857 (c) A registration application must include:
858858 (1) the applicant's first name, middle name, if any,
859859 last name, and former name, if any;
860860 (2) the month, day, and year of the applicant's birth;
861861 (3) a statement that the applicant is a United States
862862 citizen;
863863 (4) a statement that the applicant is a resident of the
864864 county;
865865 (5) a statement that the applicant has not been
866866 determined by a final judgment of a court exercising probate
867867 jurisdiction to be:
868868 (A) totally mentally incapacitated; or
869869 (B) partially mentally incapacitated without the
870870 right to vote;
871871 (6) a statement that the applicant has not been
872872 finally convicted of a felony or that the applicant is a felon
873873 eligible for registration under Section 13.001;
874874 (7) the applicant's residence address or, if the
875875 residence has no address, the address at which the applicant
876876 receives mail and a concise description of the location of the
877877 applicant's residence;
878878 (8) the following information:
879879 (A) the applicant's Texas driver's license number
880880 or the number of a personal identification card issued by the Texas
881881 Department of Motor Vehicles [Public Safety];
882882 (B) if the applicant has not been issued a number
883883 described by Paragraph (A), the last four digits of the applicant's
884884 social security number; or
885885 (C) a statement by the applicant that the
886886 applicant has not been issued a number described by Paragraph (A) or
887887 (B);
888888 (9) if the application is made by an agent, a statement
889889 of the agent's relationship to the applicant; and
890890 (10) the city and county in which the applicant
891891 formerly resided.
892892 SECTION 50. Section 13.004(c), Election Code, is amended to
893893 read as follows:
894894 (c) The following information furnished on a registration
895895 application is confidential and does not constitute public
896896 information for purposes of Chapter 552, Government Code:
897897 (1) a social security number;
898898 (2) a Texas driver's license number;
899899 (3) a number of a personal identification card issued
900900 by the Texas Department of Motor Vehicles [Public Safety];
901901 (4) an indication that an applicant is interested in
902902 working as an election judge;
903903 (5) the residence address of the applicant, if the
904904 applicant is a federal judge or state judge, as defined by Section
905905 13.0021, the spouse of a federal judge or state judge, or an
906906 individual to whom Section 552.1175, Government Code, applies and
907907 the applicant:
908908 (A) included an affidavit with the registration
909909 application describing the applicant's status under this
910910 subdivision, including an affidavit under Section 13.0021 if the
911911 applicant is a federal judge or state judge or the spouse of a
912912 federal judge or state judge;
913913 (B) provided the registrar with an affidavit
914914 describing the applicant's status under this subdivision,
915915 including an affidavit under Section 15.0215 if the applicant is a
916916 federal judge or state judge or the spouse of a federal judge or
917917 state judge; or
918918 (C) provided the registrar with a completed form
919919 approved by the secretary of state for the purpose of notifying the
920920 registrar of the applicant's status under this subdivision;
921921 (6) the residence address of the applicant, if the
922922 applicant, the applicant's child, or another person in the
923923 applicant's household is a victim of family violence as defined by
924924 Section 71.004, Family Code, who provided the registrar with:
925925 (A) a copy of a protective order issued under
926926 Chapter 85, Family Code, or a magistrate's order for emergency
927927 protection issued under Article 17.292, Code of Criminal Procedure;
928928 or
929929 (B) other independent documentary evidence
930930 necessary to show that the applicant, the applicant's child, or
931931 another person in the applicant's household is a victim of family
932932 violence;
933933 (7) the residence address of the applicant, if the
934934 applicant, the applicant's child, or another person in the
935935 applicant's household is a victim of sexual assault or abuse,
936936 stalking, or trafficking of persons who provided the registrar
937937 with:
938938 (A) a copy of a protective order issued under
939939 Chapter 7A or Article 6.09, Code of Criminal Procedure, or a
940940 magistrate's order for emergency protection issued under Article
941941 17.292, Code of Criminal Procedure; or
942942 (B) other independent documentary evidence
943943 necessary to show that the applicant, the applicant's child, or
944944 another person in the applicant's household is a victim of sexual
945945 assault or abuse, stalking, or trafficking of persons; or
946946 (8) the residence address of the applicant, if the
947947 applicant:
948948 (A) is a participant in the address
949949 confidentiality program administered by the attorney general under
950950 Subchapter C, Chapter 56, Code of Criminal Procedure; and
951951 (B) provided the registrar with proof of
952952 certification under Article 56.84, Code of Criminal Procedure.
953953 SECTION 51. Section 13.072(a), Election Code, is amended to
954954 read as follows:
955955 (a) Unless the registrar challenges the applicant, the
956956 registrar shall approve the application if:
957957 (1) the registrar determines that an application
958958 complies with Section 13.002 and indicates that the applicant is
959959 eligible for registration; and
960960 (2) for an applicant who has not included a statement
961961 described by Section 13.002(c)(8)(C), the registrar verifies with
962962 the secretary of state:
963963 (A) the applicant's Texas driver's license number
964964 or number of a personal identification card issued by the Texas
965965 Department of Motor Vehicles [Public Safety]; or
966966 (B) the last four digits of the applicant's
967967 social security number.
968968 SECTION 52. Section 13.122(a), Election Code, is amended to
969969 read as follows:
970970 (a) In addition to the other statements and spaces for
971971 entering information that appear on an officially prescribed
972972 registration application form, each official form must include:
973973 (1) the statement: "I understand that giving false
974974 information to procure a voter registration is perjury and a crime
975975 under state and federal law.";
976976 (2) a space for the applicant's registration number;
977977 (3) a space for the applicant's Texas driver's license
978978 number or number of a personal identification card issued by the
979979 Texas Department of Motor Vehicles [Public Safety];
980980 (4) a space for the applicant's telephone number;
981981 (5) a space for the applicant's social security
982982 number;
983983 (6) a space for the applicant's sex;
984984 (7) a statement indicating that the furnishing of the
985985 applicant's telephone number and sex is optional;
986986 (8) a space or box for indicating whether the
987987 applicant or voter is submitting new registration information or a
988988 change in current registration information;
989989 (9) a statement instructing a voter who is using the
990990 form to make a change in current registration information to enter
991991 the voter's name and the changed information in the appropriate
992992 spaces on the form;
993993 (10) a statement that if the applicant declines to
994994 register to vote, that fact will remain confidential and will be
995995 used only for voter registration purposes;
996996 (11) a statement that if the applicant does register
997997 to vote, information regarding the agency or office to which the
998998 application is submitted will remain confidential and will be used
999999 only for voter registration purposes;
10001000 (12) a space or box for indicating whether the
10011001 applicant is interested in working as an election judge;
10021002 (13) a statement warning that a conviction for making
10031003 a false statement may result in imprisonment for up to the maximum
10041004 amount of time provided by law, a fine of up to the maximum amount
10051005 provided by law, or both the imprisonment and the fine; and
10061006 (14) any other voter registration information
10071007 required by federal law or considered appropriate and required by
10081008 the secretary of state.
10091009 SECTION 53. Section 16.031(a), Election Code, is amended to
10101010 read as follows:
10111011 (a) The registrar shall cancel a voter's registration
10121012 immediately on receipt of:
10131013 (1) notice under Section 13.072(b) or 15.021 or a
10141014 response under Section 15.053 that the voter's residence is outside
10151015 the county;
10161016 (2) an abstract of the voter's death certificate under
10171017 Section 16.001(a) or an abstract of an application indicating that
10181018 the voter is deceased under Section 16.001(b);
10191019 (3) an abstract of a final judgment of the voter's
10201020 total mental incapacity, partial mental incapacity without the
10211021 right to vote, conviction of a felony, or disqualification under
10221022 Section 16.002, 16.003, or 16.004;
10231023 (4) notice under Section 112.012 that the voter has
10241024 applied for a limited ballot in another county;
10251025 (5) notice from a voter registration official in
10261026 another state that the voter has registered to vote outside this
10271027 state;
10281028 (6) notice from the early voting clerk under Section
10291029 101.053 that a federal postcard application submitted by an
10301030 applicant states a voting residence address located outside the
10311031 registrar's county; or
10321032 (7) notice from the secretary of state that the voter
10331033 has registered to vote in another county, as determined by the
10341034 voter's driver's license number or personal identification card
10351035 number issued by the Texas Department of Motor Vehicles [Public
10361036 Safety] or social security number.
10371037 SECTION 54. Section 20.001(b), Election Code, is amended to
10381038 read as follows:
10391039 (b) The Texas Department of Motor Vehicles [Public Safety]
10401040 is designated as a voter registration agency.
10411041 SECTION 55. The heading to Subchapter C, Chapter 20,
10421042 Election Code, is amended to read as follows:
10431043 SUBCHAPTER C. TEXAS DEPARTMENT OF MOTOR VEHICLES [PUBLIC SAFETY]
10441044 SECTION 56. Section 20.061, Election Code, is amended to
10451045 read as follows:
10461046 Sec. 20.061. APPLICABILITY OF OTHER PROVISIONS. The other
10471047 provisions of this chapter apply to the Texas Department of Motor
10481048 Vehicles [Public Safety] except provisions that conflict with this
10491049 subchapter.
10501050 SECTION 57. Section 20.062(a), Election Code, is amended to
10511051 read as follows:
10521052 (a) The Texas Department of Motor Vehicles [Public Safety]
10531053 shall prescribe and use a form and procedure that combines the
10541054 department's application form for a license or card with an
10551055 officially prescribed voter registration application form.
10561056 SECTION 58. Section 20.063(a), Election Code, is amended to
10571057 read as follows:
10581058 (a) The Texas Department of Motor Vehicles [Public Safety]
10591059 shall provide to each person who applies in person at the
10601060 department's offices for an original or renewal of a driver's
10611061 license, a personal identification card, or a duplicate or
10621062 corrected license or card an opportunity to complete a voter
10631063 registration application form.
10641064 SECTION 59. Section 20.064, Election Code, is amended to
10651065 read as follows:
10661066 Sec. 20.064. DECLINATION FORM NOT REQUIRED. The Texas
10671067 Department of Motor Vehicles [Public Safety] is not required to
10681068 comply with the procedures prescribed by this chapter relating to
10691069 the form for a declination of voter registration.
10701070 SECTION 60. Section 20.065(a), Election Code, is amended to
10711071 read as follows:
10721072 (a) At the end of each day a Texas Department of Motor
10731073 Vehicles [Public Safety] office is regularly open for business, the
10741074 manager of the office shall deliver by mail or in person to the
10751075 voter registrar of the county in which the office is located each
10761076 completed voter registration application and applicable change of
10771077 address submitted to a department employee.
10781078 SECTION 61. Section 20.066(a), Election Code, is amended to
10791079 read as follows:
10801080 (a) If a person completes a voter registration application
10811081 as provided by Section 20.063, the Texas Department of Motor
10821082 Vehicles [Public Safety] shall:
10831083 (1) input the information provided on the application
10841084 into the department's electronic data system; and
10851085 (2) inform the applicant that the applicant's
10861086 electronic signature provided to the department will be used for
10871087 submitting the applicant's voter registration application.
10881088 SECTION 62. Section 31.013(b), Election Code, is amended to
10891089 read as follows:
10901090 (b) In establishing the program, the secretary of state
10911091 shall consult with the Department of Public Safety and Texas
10921092 Department of Motor Vehicles on the creation of the program,
10931093 security relating to the issuance of an election identification
10941094 certificate, best practices in issuing an election identification
10951095 certificate, and equipment required to issue an election
10961096 identification certificate.
10971097 SECTION 63. Section 63.0101(a), Election Code, is amended
10981098 to read as follows:
10991099 (a) The following documentation is an acceptable form of
11001100 photo identification under this chapter:
11011101 (1) a driver's license, election identification
11021102 certificate, or personal identification card issued to the person
11031103 by the Texas Department of Motor Vehicles [Public Safety] that has
11041104 not expired or that expired no earlier than four years before the
11051105 date of presentation;
11061106 (2) a United States military identification card that
11071107 contains the person's photograph that has not expired or that
11081108 expired no earlier than four years before the date of presentation;
11091109 (3) a United States citizenship certificate issued to
11101110 the person that contains the person's photograph;
11111111 (4) a United States passport book or card issued to the
11121112 person that has not expired or that expired no earlier than four
11131113 years before the date of presentation; or
11141114 (5) a license to carry a handgun issued to the person
11151115 by the Department of Public Safety that has not expired or that
11161116 expired no earlier than four years before the date of presentation.
11171117 SECTION 64. Section 65.060, Election Code, is amended to
11181118 read as follows:
11191119 Sec. 65.060. DISCLOSURE OF SOCIAL SECURITY, DRIVER'S
11201120 LICENSE, OR PERSONAL IDENTIFICATION NUMBER ON PROVISIONAL BALLOT
11211121 AFFIDAVIT. A social security number, Texas driver's license
11221122 number, or number of a personal identification card issued by the
11231123 Texas Department of Motor Vehicles [Public Safety] furnished on a
11241124 provisional ballot affidavit is confidential and does not
11251125 constitute public information for purposes of Chapter 552,
11261126 Government Code. The general custodian of election records shall
11271127 ensure that a social security number, Texas driver's license
11281128 number, or number of a personal identification card issued by the
11291129 Texas Department of Motor Vehicles [Public Safety] is excluded from
11301130 disclosure.
11311131 SECTION 65. Section 2.005(b), Family Code, is amended to
11321132 read as follows:
11331133 (b) The proof must be established by:
11341134 (1) a driver's license or identification card issued
11351135 by this state, another state, or a Canadian province that is current
11361136 or has expired not more than two years preceding the date the
11371137 identification is submitted to the county clerk in connection with
11381138 an application for a license;
11391139 (2) a United States passport;
11401140 (3) a current passport issued by a foreign country or a
11411141 consular document issued by a state or national government;
11421142 (4) an unexpired Certificate of United States
11431143 Citizenship, Certificate of Naturalization, United States Citizen
11441144 Identification Card, Permanent Resident Card, Temporary Resident
11451145 Card, Employment Authorization Card, or other document issued by
11461146 the federal Department of Homeland Security or the United States
11471147 Department of State including an identification photograph;
11481148 (5) an unexpired military identification card for
11491149 active duty, reserve, or retired personnel with an identification
11501150 photograph;
11511151 (6) an original or certified copy of a birth
11521152 certificate issued by a bureau of vital statistics for a state or a
11531153 foreign government;
11541154 (7) an original or certified copy of a Consular Report
11551155 of Birth Abroad or Certificate of Birth Abroad issued by the United
11561156 States Department of State;
11571157 (8) an original or certified copy of a court order
11581158 relating to the applicant's name change or sex change;
11591159 (9) school records from a secondary school or
11601160 institution of higher education;
11611161 (10) an insurance policy continuously valid for the
11621162 two years preceding the date of the application for a license;
11631163 (11) a motor vehicle certificate of title;
11641164 (12) military records, including documentation of
11651165 release or discharge from active duty or a draft record;
11661166 (13) an unexpired military dependent identification
11671167 card;
11681168 (14) an original or certified copy of the applicant's
11691169 marriage license or divorce decree;
11701170 (15) a voter registration certificate;
11711171 (16) a pilot's license issued by the Federal Aviation
11721172 Administration or another authorized agency of the United States;
11731173 (17) a license to carry a handgun under Subchapter H,
11741174 Chapter 411, Government Code;
11751175 (18) a temporary driving permit or a temporary
11761176 identification card issued by the Texas Department of Motor
11771177 Vehicles [Public Safety]; or
11781178 (19) an offender identification card issued by the
11791179 Texas Department of Criminal Justice.
11801180 SECTION 66. Sections 54.042(a), (b), (f), and (g), Family
11811181 Code, are amended to read as follows:
11821182 (a) A juvenile court, in a disposition hearing under Section
11831183 54.04, shall:
11841184 (1) order the Texas Department of Motor Vehicles
11851185 [Public Safety] to suspend a child's driver's license or permit, or
11861186 if the child does not have a license or permit, to deny the issuance
11871187 of a license or permit to the child if the court finds that the child
11881188 has engaged in conduct that:
11891189 (A) violates a law of this state enumerated in
11901190 Section 521.342(a), Transportation Code; or
11911191 (B) violates a penal law of this state or the
11921192 United States, an element or elements of which involve a severe form
11931193 of trafficking in persons, as defined by 22 U.S.C. Section 7102; or
11941194 (2) notify the Texas Department of Motor Vehicles
11951195 [Public Safety] of the adjudication, if the court finds that the
11961196 child has engaged in conduct that violates a law of this state
11971197 enumerated in Section 521.372(a), Transportation Code.
11981198 (b) A juvenile court, in a disposition hearing under Section
11991199 54.04, may order the Texas Department of Motor Vehicles [Public
12001200 Safety] to suspend a child's driver's license or permit or, if the
12011201 child does not have a license or permit, to deny the issuance of a
12021202 license or permit to the child, if the court finds that the child
12031203 has engaged in conduct that violates Section 28.08, Penal Code.
12041204 (f) A juvenile court, in a disposition hearing under Section
12051205 54.04, may order the Texas Department of Motor Vehicles [Public
12061206 Safety] to suspend a child's driver's license or permit or, if the
12071207 child does not have a license or permit, to deny the issuance of a
12081208 license or permit to the child for a period not to exceed 12 months
12091209 if the court finds that the child has engaged in conduct in need of
12101210 supervision or delinquent conduct other than the conduct described
12111211 by Subsection (a).
12121212 (g) A juvenile court that places a child on probation under
12131213 Section 54.04 may require as a reasonable condition of the
12141214 probation that if the child violates the probation, the court may
12151215 order the Texas Department of Motor Vehicles [Public Safety] to
12161216 suspend the child's driver's license or permit or, if the child does
12171217 not have a license or permit, to deny the issuance of a license or
12181218 permit to the child for a period not to exceed 12 months. The court
12191219 may make this order if a child that is on probation under this
12201220 condition violates the probation. A suspension under this
12211221 subsection is cumulative of any other suspension under this
12221222 section.
12231223 SECTION 67. Section 54.0482(c), Family Code, is amended to
12241224 read as follows:
12251225 (c) On or before the fifth anniversary of the date the
12261226 juvenile probation department receives a payment for a victim that
12271227 is not claimed by the victim, the department shall make and document
12281228 a good faith effort to locate and notify the victim that an
12291229 unclaimed payment exists, including:
12301230 (1) confirming, if possible, the victim's most recent
12311231 address with the Texas Department of Motor Vehicles [Public
12321232 Safety]; and
12331233 (2) making at least one additional certified mailing
12341234 to the victim.
12351235 SECTION 68. Section 65.103(c), Family Code, is amended to
12361236 read as follows:
12371237 (c) In addition to any other order authorized by this
12381238 section, a truancy court may order the Texas Department of Motor
12391239 Vehicles [Public Safety] to suspend the driver's license or permit
12401240 of a child who has been found to have engaged in truant conduct. If
12411241 the child does not have a driver's license or permit, the court may
12421242 order the Texas Department of Motor Vehicles [Public Safety] to
12431243 deny the issuance of a license or permit to the child. The period of
12441244 the license or permit suspension or the order that the issuance of a
12451245 license or permit be denied may not extend beyond the maximum time
12461246 period that a remedial order is effective as provided by Section
12471247 65.104.
12481248 SECTION 69. Section 65.251(a), Family Code, is amended to
12491249 read as follows:
12501250 (a) If a child fails to obey an order issued by a truancy
12511251 court under Section 65.103(a) or a child is in direct contempt of
12521252 court, the truancy court, after providing notice and an opportunity
12531253 for a hearing, may hold the child in contempt of court and order
12541254 either or both of the following:
12551255 (1) that the child pay a fine not to exceed $100; or
12561256 (2) that the Texas Department of Motor Vehicles
12571257 [Public Safety] suspend the child's driver's license or permit or,
12581258 if the child does not have a license or permit, order that the Texas
12591259 Department of Motor Vehicles [Public Safety] deny the issuance of a
12601260 license or permit to the child until the child fully complies with
12611261 the court's orders.
12621262 SECTION 70. Sections 203.007(b) and (g), Family Code, are
12631263 amended to read as follows:
12641264 (b) A domestic relations office is entitled to obtain from
12651265 the Texas Department of Motor Vehicles and the Department of Public
12661266 Safety records that relate to:
12671267 (1) a person's date of birth;
12681268 (2) a person's most recent address;
12691269 (3) a person's current driver's license status;
12701270 (4) motor vehicle accidents involving a person;
12711271 (5) reported traffic-law violations of which a person
12721272 has been convicted; and
12731273 (6) a person's criminal history record information.
12741274 (g) The Texas Department of Motor Vehicles, the Department
12751275 of Public Safety, the Texas Workforce Commission, or the office of
12761276 the secretary of state may charge a domestic relations office a fee
12771277 not to exceed the charge paid by the Title IV-D agency for
12781278 furnishing records under this section.
12791279 SECTION 71. Section 264.1211, Family Code, as added by
12801280 Chapter 1076 (H.B. 3338), Acts of the 85th Legislature, Regular
12811281 Session, 2017, is amended to read as follows:
12821282 Sec. 264.1211. RECORDS AND DOCUMENTS FOR CHILDREN AGING OUT
12831283 OF FOSTER CARE. The department in cooperation with volunteer
12841284 advocates from a charitable organization described by Subchapter C,
12851285 Chapter 107, and the Texas Department of Motor Vehicles [Public
12861286 Safety] shall develop procedures to ensure that a foster child
12871287 obtains a driver's license or personal identification card before
12881288 the child leaves the conservatorship of the department.
12891289 SECTION 72. Section 277.002(a), Finance Code, is amended to
12901290 read as follows:
12911291 (a) A financial institution shall require, as a condition of
12921292 opening or maintaining a business checking account, that the
12931293 applicant or account holder provide:
12941294 (1) if the business is a sole proprietorship:
12951295 (A) the name of the business owner;
12961296 (B) the physical address of the business;
12971297 (C) the home address of the business owner; and
12981298 (D) the driver's license number of the business
12991299 owner or the personal identification card number issued to the
13001300 business owner by the Texas Department of Motor Vehicles [Public
13011301 Safety]; or
13021302 (2) if the business is a corporation or other legal
13031303 entity, a copy of the business's certificate of incorporation or a
13041304 comparable document and an assumed name certificate, if any.
13051305 SECTION 73. Sections 62.001(a), (f), (h), and (i),
13061306 Government Code, are amended to read as follows:
13071307 (a) The jury wheel must be reconstituted by using, as the
13081308 source:
13091309 (1) the names of all persons on the current voter
13101310 registration lists from all the precincts in the county; and
13111311 (2) all names on a current list to be furnished by the
13121312 Texas Department of Motor Vehicles [Public Safety], showing the
13131313 citizens of the county who:
13141314 (A) hold a valid Texas driver's license or a
13151315 valid personal identification card or certificate issued by the
13161316 department; and
13171317 (B) are not disqualified from jury service under
13181318 Section 62.102(1), (2), or (7).
13191319 (f) The Texas Department of Motor Vehicles [Public Safety]
13201320 shall furnish a list to the secretary of state that shows the names
13211321 required under Subsection (a)(2) and that contains any of the
13221322 information enumerated in Subsection (c) that is available to the
13231323 department, including citizenship status and county of residence.
13241324 The list shall exclude the names of convicted felons, persons who
13251325 are not citizens of the United States, persons residing outside the
13261326 county, and the duplicate name of any registrant. The department
13271327 shall furnish the list to the secretary of state on or before the
13281328 first Monday in October of each year.
13291329 (h) If the secretary of state is unable to furnish the list
13301330 as provided in this section because of the failure of the voter
13311331 registrar to furnish the county voter registration list to the
13321332 secretary of state, the county tax assessor-collector, sheriff,
13331333 county clerk, and district clerk in the county shall meet at the
13341334 county courthouse between January 1 and January 15 of the following
13351335 year and shall reconstitute the jury wheel for the county, except as
13361336 provided under a plan adopted under Section 62.011. The deadlines
13371337 included in the plan control for preparing the list and
13381338 reconstituting the wheel. The secretary of state shall send the
13391339 list furnished by the Texas Department of Motor Vehicles [Public
13401340 Safety] as provided by Subsection (f) to the voter registrar, who
13411341 shall combine the lists as described in this section for use as the
13421342 juror source and certify the combined list as required of the
13431343 secretary of state under Subsection (g).
13441344 (i) The commissioners court may, instead of using the method
13451345 provided by Subsections (c) through (h), contract with another
13461346 governmental unit or a private person to combine the voter
13471347 registration list with the list furnished by the Texas Department
13481348 of Motor Vehicles [Public Safety]. Subsections (c) through (h) do
13491349 not apply to a county in which the commissioners court has
13501350 contracted with another governmental unit or a private person under
13511351 this subsection. The Texas Department of Motor Vehicles [Public
13521352 Safety] may not charge a fee for furnishing a list under this
13531353 subsection. Each list must contain the name, date of birth,
13541354 address, county of residence, and citizenship status of each person
13551355 listed. If practical, each list must contain any other information
13561356 useful in determining if the person is qualified to serve as a
13571357 juror.
13581358 SECTION 74. Section 72.016, Government Code, is amended to
13591359 read as follows:
13601360 Sec. 72.016. NOTIFICATION PROCEDURE FOR JUDICIAL PRIVACY.
13611361 The director shall develop a procedure to regularly notify county
13621362 registrars, the Texas Department of Motor Vehicles [Public Safety],
13631363 the Texas Ethics Commission, and any other state agency the office
13641364 determines should be notified of the judges, judges' spouses, and
13651365 related family members whose personal information must be kept from
13661366 public records, as provided under Sections 552.117 and 572.035 of
13671367 this code, Sections 13.0021 and 15.0215, Election Code, and Section
13681368 521.121, Transportation Code.
13691369 SECTION 75. Section 103.021, Government Code, is amended to
13701370 read as follows:
13711371 Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
13721372 CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant,
13731373 or a party to a civil suit, as applicable, shall pay the following
13741374 fees and costs under the Code of Criminal Procedure if ordered by
13751375 the court or otherwise required:
13761376 (1) a personal bond fee (Art. 17.42, Code of Criminal
13771377 Procedure) . . . the greater of $20 or three percent of the amount
13781378 of the bail fixed for the accused;
13791379 (2) cost of electronic monitoring as a condition of
13801380 release on personal bond (Art. 17.43, Code of Criminal Procedure)
13811381 . . . actual cost;
13821382 (3) a fee for verification of and monitoring of motor
13831383 vehicle ignition interlock (Art. 17.441, Code of Criminal
13841384 Procedure) . . . not to exceed $10;
13851385 (3-a) costs associated with operating a global
13861386 positioning monitoring system as a condition of release on bond
13871387 (Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs,
13881388 subject to a determination of indigency;
13891389 (3-b) costs associated with providing a defendant's
13901390 victim with an electronic receptor device as a condition of the
13911391 defendant's release on bond (Art. 17.49(b)(3), Code of Criminal
13921392 Procedure) . . . actual costs, subject to a determination of
13931393 indigency;
13941394 (4) repayment of reward paid by a crime stoppers
13951395 organization on conviction of a felony (Art. 37.073, Code of
13961396 Criminal Procedure) . . . amount ordered;
13971397 (5) reimbursement to general revenue fund for payments
13981398 made to victim of an offense as condition of community supervision
13991399 (Art. 42A.301(b)(17) [42A.301(17)], Code of Criminal Procedure)
14001400 . . . not to exceed $50 for a misdemeanor offense or $100 for a
14011401 felony offense;
14021402 (6) payment to a crime stoppers organization as
14031403 condition of community supervision (Art. 42A.301(b)(20)
14041404 [42A.301(20)], Code of Criminal Procedure) . . . not to exceed $50;
14051405 (7) children's advocacy center fee (Art. 42A.455, Code
14061406 of Criminal Procedure) . . . not to exceed $50;
14071407 (8) family violence center fee (Art. 42A.504(b), Code
14081408 of Criminal Procedure) . . . $100;
14091409 (9) community supervision fee (Art. 42A.652(a), Code
14101410 of Criminal Procedure) . . . not less than $25 or more than $60 per
14111411 month;
14121412 (10) additional community supervision fee for certain
14131413 offenses (Art. 42A.653(a), Code of Criminal Procedure) . . . $5 per
14141414 month;
14151415 (11) for certain financially able sex offenders as a
14161416 condition of community supervision, the costs of treatment,
14171417 specialized supervision, or rehabilitation (Art. 42A.452, Code of
14181418 Criminal Procedure) . . . all or part of the reasonable and
14191419 necessary costs of the treatment, supervision, or rehabilitation as
14201420 determined by the judge;
14211421 (12) fee for failure to appear for trial in a justice
14221422 or municipal court if a jury trial is not waived (Art. 45.026, Code
14231423 of Criminal Procedure) . . . costs incurred for impaneling the
14241424 jury;
14251425 (13) costs of certain testing, assessments, or
14261426 programs during a deferral period (Art. 45.051, Code of Criminal
14271427 Procedure) . . . amount ordered;
14281428 (14) special expense on dismissal of certain
14291429 misdemeanor complaints (Art. 45.051, Code of Criminal Procedure)
14301430 . . . not to exceed amount of fine assessed;
14311431 (15) an additional fee:
14321432 (A) for a copy of the defendant's driving record
14331433 to be requested from the Texas Department of Motor Vehicles [Public
14341434 Safety] by the judge (Art. 45.0511(c-1), Code of Criminal
14351435 Procedure) . . . amount equal to the sum of the fee established by
14361436 Section 521.048, Transportation Code, and the state electronic
14371437 Internet portal fee;
14381438 (B) as an administrative fee for requesting a
14391439 driving safety course or a course under the motorcycle operator
14401440 training and safety program for certain traffic offenses to cover
14411441 the cost of administering the article (Art. 45.0511(f)(1), Code of
14421442 Criminal Procedure) . . . not to exceed $10; or
14431443 (C) for requesting a driving safety course or a
14441444 course under the motorcycle operator training and safety program
14451445 before the final disposition of the case (Art. 45.0511(f)(2), Code
14461446 of Criminal Procedure) . . . not to exceed the maximum amount of the
14471447 fine for the offense committed by the defendant;
14481448 (16) a request fee for teen court program (Art.
14491449 45.052, Code of Criminal Procedure) . . . $20, if the court
14501450 ordering the fee is located in the Texas-Louisiana border region,
14511451 but otherwise not to exceed $10;
14521452 (17) a fee to cover costs of required duties of teen
14531453 court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the
14541454 court ordering the fee is located in the Texas-Louisiana border
14551455 region, but otherwise $10;
14561456 (18) a mileage fee for officer performing certain
14571457 services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per
14581458 mile;
14591459 (19) certified mailing of notice of hearing date (Art.
14601460 102.006, Code of Criminal Procedure) . . . $1, plus postage;
14611461 (20) certified mailing of certified copies of an order
14621462 of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2,
14631463 plus postage;
14641464 (20-a) a fee to defray the cost of notifying state
14651465 agencies of orders of expungement (Art. 45.0216, Code of Criminal
14661466 Procedure) . . . $30 per application;
14671467 (21) sight orders:
14681468 (A) if the face amount of the check or sight order
14691469 does not exceed $10 (Art. 102.007, Code of Criminal Procedure)
14701470 . . . not to exceed $10;
14711471 (B) if the face amount of the check or sight order
14721472 is greater than $10 but does not exceed $100 (Art. 102.007, Code of
14731473 Criminal Procedure) . . . not to exceed $15;
14741474 (C) if the face amount of the check or sight order
14751475 is greater than $100 but does not exceed $300 (Art. 102.007, Code of
14761476 Criminal Procedure) . . . not to exceed $30;
14771477 (D) if the face amount of the check or sight order
14781478 is greater than $300 but does not exceed $500 (Art. 102.007, Code of
14791479 Criminal Procedure) . . . not to exceed $50; and
14801480 (E) if the face amount of the check or sight order
14811481 is greater than $500 (Art. 102.007, Code of Criminal Procedure)
14821482 . . . not to exceed $75;
14831483 (22) fees for a pretrial intervention program:
14841484 (A) a supervision fee (Art. 102.012(a), Code of
14851485 Criminal Procedure) . . . $60 a month plus expenses; and
14861486 (B) a district attorney, criminal district
14871487 attorney, or county attorney administrative fee (Art. 102.0121,
14881488 Code of Criminal Procedure) . . . not to exceed $500;
14891489 (23) parking fee violations for child safety fund in
14901490 municipalities with populations:
14911491 (A) greater than 850,000 (Art. 102.014, Code of
14921492 Criminal Procedure) . . . not less than $2 and not to exceed $5; and
14931493 (B) less than 850,000 (Art. 102.014, Code of
14941494 Criminal Procedure) . . . not to exceed $5;
14951495 (24) an administrative fee for collection of fines,
14961496 fees, restitution, or other costs (Art. 102.072, Code of Criminal
14971497 Procedure) . . . not to exceed $2 for each transaction;
14981498 (25) a collection fee, if authorized by the
14991499 commissioners court of a county or the governing body of a
15001500 municipality, for certain debts and accounts receivable, including
15011501 unpaid fines, fees, court costs, forfeited bonds, and restitution
15021502 ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30
15031503 percent of an amount more than 60 days past due; and
15041504 (26) a cost on conviction for the truancy prevention
15051505 and diversion fund (Art. 102.015, Code of Criminal Procedure) . . .
15061506 $2.
15071507 SECTION 76. Section 411.082(2), Government Code, is amended
15081508 to read as follows:
15091509 (2) "Criminal history record information" means
15101510 information collected about a person by a criminal justice agency
15111511 that consists of identifiable descriptions and notations of
15121512 arrests, detentions, indictments, informations, and other formal
15131513 criminal charges and their dispositions. The term does not
15141514 include:
15151515 (A) identification information, including
15161516 fingerprint records, to the extent that the identification
15171517 information does not indicate involvement of the person in the
15181518 criminal justice system; or
15191519 (B) driving record information maintained by the
15201520 Texas Department of Motor Vehicles [department] under Subchapter C,
15211521 Chapter 521, Transportation Code.
15221522 SECTION 77. Section 411.174(b), Government Code, is amended
15231523 to read as follows:
15241524 (b) An applicant must provide on the application a statement
15251525 of the applicant's:
15261526 (1) full name and place and date of birth;
15271527 (2) race and sex;
15281528 (3) residence and business addresses for the preceding
15291529 five years;
15301530 (4) hair and eye color;
15311531 (5) height and weight;
15321532 (6) driver's license number or identification
15331533 certificate number issued by the Texas Department of Motor Vehicles
15341534 [department];
15351535 (7) criminal history record information of the type
15361536 maintained by the department under this chapter, including a list
15371537 of offenses for which the applicant was arrested, charged, or under
15381538 an information or indictment and the disposition of the offenses;
15391539 and
15401540 (8) history, if any, of treatment received by,
15411541 commitment to, or residence in:
15421542 (A) a drug or alcohol treatment center licensed
15431543 to provide drug or alcohol treatment under the laws of this state or
15441544 another state, but only if the treatment, commitment, or residence
15451545 occurred during the preceding five years; or
15461546 (B) a psychiatric hospital.
15471547 SECTION 78. Section 411.179(a), Government Code, is amended
15481548 to read as follows:
15491549 (a) The department by rule shall adopt the form of the
15501550 license. A license must include:
15511551 (1) a number assigned to the license holder by the
15521552 department;
15531553 (2) a statement of the period for which the license is
15541554 effective;
15551555 (3) a color photograph of the license holder;
15561556 (4) the license holder's full name, date of birth, hair
15571557 and eye color, height, weight, and signature;
15581558 (5) the license holder's residence address or, as
15591559 provided by Subsection (d), the street address of the courthouse in
15601560 which the license holder or license holder's spouse serves as a
15611561 federal judge or the license holder serves as a state judge;
15621562 (6) the number of a driver's license or an
15631563 identification certificate issued to the license holder by the
15641564 Texas Department of Motor Vehicles [department]; and
15651565 (7) the designation "VETERAN" if required under
15661566 Subsection (e).
15671567 SECTION 79. Section 411.205, Government Code, is amended to
15681568 read as follows:
15691569 Sec. 411.205. REQUIREMENT TO DISPLAY LICENSE. If a license
15701570 holder is carrying a handgun on or about the license holder's person
15711571 when a magistrate or a peace officer demands that the license holder
15721572 display identification, the license holder shall display both the
15731573 license holder's driver's license or identification certificate
15741574 issued by the Texas Department of Motor Vehicles [department] and
15751575 the license holder's handgun license.
15761576 SECTION 80. Sections 501.0165(a), (c), and (d), Government
15771577 Code, are amended to read as follows:
15781578 (a) Before discharging an inmate or releasing an inmate on
15791579 parole, mandatory supervision, or conditional pardon, the
15801580 department shall:
15811581 (1) determine whether the inmate has:
15821582 (A) a valid license issued under Chapter 521 or
15831583 522, Transportation Code; or
15841584 (B) a valid personal identification certificate
15851585 issued under Chapter 521, Transportation Code; and
15861586 (2) if the inmate does not have a valid license or
15871587 certificate described by Subdivision (1), submit to the Texas
15881588 Department of Motor Vehicles [Public Safety] on behalf of the
15891589 inmate a request for the issuance of a personal identification
15901590 certificate under Chapter 521, Transportation Code.
15911591 (c) The department, the Texas Department of Motor Vehicles
15921592 [Public Safety], and the bureau of vital statistics of the
15931593 Department of State Health Services shall by rule adopt a
15941594 memorandum of understanding that establishes their respective
15951595 responsibilities with respect to the issuance of a personal
15961596 identification certificate to an inmate, including
15971597 responsibilities related to verification of the inmate's identity.
15981598 The memorandum of understanding must require the Department of
15991599 State Health Services to electronically verify the birth record of
16001600 an inmate whose name and any other personal information is provided
16011601 by the department and to electronically report the recorded filing
16021602 information to the Texas Department of Motor Vehicles [Public
16031603 Safety] to validate the identity of an inmate under this section.
16041604 (d) The department shall reimburse the Texas Department of
16051605 Motor Vehicles [Public Safety] or the Department of State Health
16061606 Services for the actual costs incurred by those agencies in
16071607 performing responsibilities established under this section. The
16081608 department may charge an inmate for the actual costs incurred under
16091609 this section or the fees required by Section 521.421,
16101610 Transportation Code.
16111611 SECTION 81. Section 509.004(a), Government Code, is amended
16121612 to read as follows:
16131613 (a) The division shall require each department to:
16141614 (1) keep financial and statistical records determined
16151615 necessary by the division;
16161616 (2) submit a strategic plan and all supporting
16171617 information requested by the division;
16181618 (3) present data requested by the division as
16191619 necessary to determine the amount of state aid for which the
16201620 department is eligible;
16211621 (4) submit periodic financial audits and statistical
16221622 reports to the division; and
16231623 (5) submit to the Texas Department of Motor Vehicles
16241624 [Public Safety] the full name, address, date of birth, social
16251625 security number, and driver's license number of each person
16261626 restricted to the operation of a motor vehicle equipped with a
16271627 device that uses a deep-lung breath analysis mechanism to make
16281628 impractical the operation of the motor vehicle if ethyl alcohol is
16291629 detected in the breath of the restricted operator.
16301630 SECTION 82. Sections 531.02414(e) and (g), Government Code,
16311631 are amended to read as follows:
16321632 (e) The executive commissioner shall adopt rules to ensure
16331633 the safe and efficient provision of nonemergency transportation
16341634 services under the medical transportation program by regional
16351635 contracted brokers and subcontractors of regional contracted
16361636 brokers. The rules must include:
16371637 (1) minimum standards regarding the physical
16381638 condition and maintenance of motor vehicles used to provide the
16391639 services, including standards regarding the accessibility of motor
16401640 vehicles by persons with disabilities;
16411641 (2) a requirement that a regional contracted broker
16421642 verify that each motor vehicle operator providing the services or
16431643 seeking to provide the services has a valid driver's license;
16441644 (3) a requirement that a regional contracted broker
16451645 check the driving record information maintained by the Texas
16461646 Department of Motor Vehicles [Public Safety] under Subchapter C,
16471647 Chapter 521, Transportation Code, of each motor vehicle operator
16481648 providing the services or seeking to provide the services;
16491649 (4) a requirement that a regional contracted broker
16501650 check the public criminal record information maintained by the
16511651 Department of Public Safety and made available to the public
16521652 through the department's Internet website of each motor vehicle
16531653 operator providing the services or seeking to provide the services;
16541654 and
16551655 (5) training requirements for motor vehicle operators
16561656 providing the services through a regional contracted broker,
16571657 including training on the following topics:
16581658 (A) passenger safety;
16591659 (B) passenger assistance;
16601660 (C) assistive devices, including wheelchair
16611661 lifts, tie-down equipment, and child safety seats;
16621662 (D) sensitivity and diversity;
16631663 (E) customer service;
16641664 (F) defensive driving techniques; and
16651665 (G) prohibited behavior by motor vehicle
16661666 operators.
16671667 (g) The commission shall enter into a memorandum of
16681668 understanding with the Texas Department of Motor Vehicles [and the
16691669 Department of Public Safety] for purposes of obtaining the motor
16701670 vehicle registration and driver's license information of a provider
16711671 of medical transportation services, including a regional
16721672 contracted broker and a subcontractor of the broker, to confirm
16731673 that the provider complies with applicable requirements adopted
16741674 under Subsection (e).
16751675 SECTION 83. Section 531.1533, Government Code, is amended
16761676 to read as follows:
16771677 Sec. 531.1533. REQUIREMENTS ON ADMISSIONS OF CHILDREN TO
16781678 CERTAIN INSTITUTIONS. On the admission of a child to an institution
16791679 described by Section 531.151(3)(A), (B), or (D), the Department of
16801680 Aging and Disability Services shall require the child's parent or
16811681 guardian to submit:
16821682 (1) an admission form that includes:
16831683 (A) the parent's or guardian's:
16841684 (i) name, address, and telephone number;
16851685 (ii) driver's license number and state of
16861686 issuance or personal identification card number issued by the Texas
16871687 Department of Motor Vehicles [Public Safety]; and
16881688 (iii) place of employment and the
16891689 employer's address and telephone number; and
16901690 (B) the name, address, and telephone number of a
16911691 relative of the child or other person whom the department or
16921692 institution may contact in an emergency, a statement indicating the
16931693 relation between that person and the child, and at the parent's or
16941694 guardian's option, that person's:
16951695 (i) driver's license number and state of
16961696 issuance or personal identification card number issued by the Texas
16971697 Department of Motor Vehicles [Public Safety]; and
16981698 (ii) the name, address, and telephone
16991699 number of that person's employer; and
17001700 (2) a signed acknowledgment of responsibility stating
17011701 that the parent or guardian agrees to:
17021702 (A) notify the institution in which the child is
17031703 placed of any changes to the information submitted under
17041704 Subdivision (1)(A); and
17051705 (B) make reasonable efforts to participate in the
17061706 child's life and in planning activities for the child.
17071707 SECTION 84. Section 555.003, Government Code, is amended to
17081708 read as follows:
17091709 Sec. 555.003. EXCEPTION. This chapter does not apply to
17101710 files that relate to drivers of motor vehicles and that are
17111711 maintained by the Texas Department of Motor Vehicles [Public
17121712 Safety] under Subchapter C, Chapter 521, Transportation Code.
17131713 SECTION 85. Section 12.013(b), Health and Safety Code, is
17141714 amended to read as follows:
17151715 (b) Based on the studies and investigations, the department
17161716 periodically shall recommend to the Department of Public Safety and
17171717 the Texas Department of Motor Vehicles appropriate policies,
17181718 standards, and procedures relating to those medical aspects.
17191719 SECTION 86. Section 12.092(b), Health and Safety Code, is
17201720 amended to read as follows:
17211721 (b) The medical advisory board shall assist:
17221722 (1) the Texas Department of Motor Vehicles [Public
17231723 Safety of the State of Texas] in determining whether[:
17241724 [(1)] an applicant for a driver's license or a license
17251725 holder is capable of safely operating a motor vehicle; and [or]
17261726 (2) the Department of Public Safety in determining
17271727 whether an applicant for or holder of a license to carry a handgun
17281728 under the authority of Subchapter H, Chapter 411, Government Code,
17291729 or an applicant for or holder of a commission as a security officer
17301730 under Chapter 1702, Occupations Code, is capable of exercising
17311731 sound judgment with respect to the proper use and storage of a
17321732 handgun.
17331733 SECTION 87. Sections 12.095(a) and (c), Health and Safety
17341734 Code, are amended to read as follows:
17351735 (a) If the Department of Public Safety of the State of Texas
17361736 or Texas Department of Motor Vehicles requests an opinion or
17371737 recommendation from the medical advisory board as to the ability of
17381738 an applicant or license holder to operate a motor vehicle safely or
17391739 to exercise sound judgment with respect to the proper use and
17401740 storage of a handgun, the commissioner or a person designated by the
17411741 commissioner shall convene a panel to consider the case or question
17421742 submitted by that department.
17431743 (c) Each panel member shall prepare an individual
17441744 independent written report for the Department of Public Safety of
17451745 the State of Texas or Texas Department of Motor Vehicles, as
17461746 appropriate, that states the member's opinion as to the ability of
17471747 the applicant or license holder to operate a motor vehicle safely or
17481748 to exercise sound judgment with respect to the proper use and
17491749 storage of a handgun, as appropriate. In the report the panel
17501750 member may also make recommendations relating to that department's
17511751 subsequent action.
17521752 SECTION 88. Section 12.096(a), Health and Safety Code, is
17531753 amended to read as follows:
17541754 (a) A physician licensed to practice medicine in this state
17551755 may inform the Department of Public Safety of the State of Texas,
17561756 the Texas Department of Motor Vehicles, or the medical advisory
17571757 board, orally or in writing, of the name, date of birth, and address
17581758 of a patient older than 15 years of age whom the physician has
17591759 diagnosed as having a disorder or disability specified in a rule of
17601760 the Department of Public Safety of the State of Texas or Texas
17611761 Department of Motor Vehicles.
17621762 SECTION 89. Section 12.097, Health and Safety Code, is
17631763 amended to read as follows:
17641764 Sec. 12.097. CONFIDENTIALITY REQUIREMENTS. (a) All
17651765 records, reports, and testimony relating to the medical condition
17661766 of an applicant or license holder:
17671767 (1) are for the confidential use of the medical
17681768 advisory board, a panel, the Texas Department of Motor Vehicles, or
17691769 the Department of Public Safety of the State of Texas;
17701770 (2) are privileged information; and
17711771 (3) may not be disclosed to any person or used as
17721772 evidence in a trial except as provided by Subsection (b).
17731773 (b) In a subsequent proceeding under Subchapter H, Chapter
17741774 411, Government Code, or Subchapter N, Chapter 521, Transportation
17751775 Code, the department may provide a copy of the report of the medical
17761776 advisory board or panel and a medical record or report relating to
17771777 an applicant or license holder to:
17781778 (1) the Department of Public Safety of the State of
17791779 Texas or Texas Department of Motor Vehicles, as appropriate;
17801780 (2) the applicant or license holder; and
17811781 (3) the officer who presides at the hearing.
17821782 SECTION 90. Section 81.011, Health and Safety Code, is
17831783 amended to read as follows:
17841784 Sec. 81.011. REQUEST FOR INFORMATION. In times of
17851785 emergency or epidemic declared by the commissioner, the department
17861786 is authorized to request information pertaining to names, dates of
17871787 birth, and most recent addresses of individuals from the driver's
17881788 license records of the Texas Department of Motor Vehicles [Public
17891789 Safety] for the purpose of notification to individuals of the need
17901790 to receive certain immunizations or diagnostic, evaluation, or
17911791 treatment services for suspected communicable diseases.
17921792 SECTION 91. Section 161.254, Health and Safety Code, is
17931793 amended to read as follows:
17941794 Sec. 161.254. DRIVER'S LICENSE SUSPENSION OR DENIAL. (a)
17951795 If the defendant does not provide the evidence required under
17961796 Section 161.253(e) within the period specified by that subsection,
17971797 the court shall order the Texas Department of Motor Vehicles
17981798 [Public Safety] to suspend or deny issuance of any driver's license
17991799 or permit to the defendant. The order must specify the period of
18001800 the suspension or denial, which may not exceed 180 days after the
18011801 date of the order.
18021802 (b) The Texas Department of Motor Vehicles [Public Safety]
18031803 shall send to the defendant notice of court action under Subsection
18041804 (a) by first class mail. The notice must include the date of the
18051805 order and the reason for the order and must specify the period of
18061806 the suspension or denial.
18071807 SECTION 92. Section 191.009, Health and Safety Code, as
18081808 added by Chapter 737 (S.B. 1205), Acts of the 85th Legislature,
18091809 Regular Session, 2017, is amended to read as follows:
18101810 Sec. 191.009. DEATH INFORMATION FOR TEXAS DEPARTMENT OF
18111811 MOTOR VEHICLES [PUBLIC SAFETY]. (a) The department shall
18121812 implement an efficient and effective method to verify death
18131813 information to assist the Texas Department of Motor Vehicles
18141814 [Public Safety] with maintaining records of holders of driver's
18151815 licenses and personal identification certificates in this state.
18161816 (b) The department shall enter into a memorandum of
18171817 understanding with the Texas Department of Motor Vehicles [Public
18181818 Safety] to implement this section. The memorandum of understanding
18191819 must include a mechanism for the department to provide to the Texas
18201820 Department of Motor Vehicles [Public Safety] death information that
18211821 includes unique identifiers, including social security numbers,
18221822 necessary to accurately match death records with driver's license
18231823 and personal identification certificate records.
18241824 SECTION 93. Section 481.077(d), Health and Safety Code, is
18251825 amended to read as follows:
18261826 (d) Before selling, transferring, or otherwise furnishing
18271827 to a person in this state a chemical precursor subject to Subsection
18281828 (a), a manufacturer, wholesaler, retailer, or other person shall:
18291829 (1) if the recipient does not represent a business,
18301830 obtain from the recipient:
18311831 (A) the recipient's driver's license number or
18321832 other personal identification certificate number, date of birth,
18331833 and residential or mailing address, other than a post office box
18341834 number, from a driver's license or personal identification
18351835 certificate issued by the Texas Department of Motor Vehicles
18361836 [department] that contains a photograph of the recipient;
18371837 (B) the year, state, and number of the motor
18381838 vehicle license of the motor vehicle owned or operated by the
18391839 recipient;
18401840 (C) a complete description of how the chemical
18411841 precursor is to be used; and
18421842 (D) the recipient's signature; or
18431843 (2) if the recipient represents a business, obtain
18441844 from the recipient:
18451845 (A) a letter of authorization from the business
18461846 that includes the business license or comptroller tax
18471847 identification number, address, area code, and telephone number and
18481848 a complete description of how the chemical precursor is to be used;
18491849 and
18501850 (B) the recipient's signature; and
18511851 (3) for any recipient, sign as a witness to the
18521852 signature and identification of the recipient.
18531853 SECTION 94. Section 481.080(e), Health and Safety Code, is
18541854 amended to read as follows:
18551855 (e) Before selling, transferring, or otherwise furnishing
18561856 to a person in this state a chemical laboratory apparatus subject to
18571857 Subsection (a), a manufacturer, wholesaler, retailer, or other
18581858 person shall:
18591859 (1) if the recipient does not represent a business,
18601860 obtain from the recipient:
18611861 (A) the recipient's driver's license number or
18621862 other personal identification certificate number, date of birth,
18631863 and residential or mailing address, other than a post office box
18641864 number, from a driver's license or personal identification
18651865 certificate issued by the Texas Department of Motor Vehicles
18661866 [department] that contains a photograph of the recipient;
18671867 (B) the year, state, and number of the motor
18681868 vehicle license of the motor vehicle owned or operated by the
18691869 recipient;
18701870 (C) a complete description of how the apparatus
18711871 is to be used; and
18721872 (D) the recipient's signature; or
18731873 (2) if the recipient represents a business, obtain
18741874 from the recipient:
18751875 (A) a letter of authorization from the business
18761876 that includes the business license or comptroller tax
18771877 identification number, address, area code, and telephone number and
18781878 a complete description of how the apparatus is to be used; and
18791879 (B) the recipient's signature; and
18801880 (3) for any recipient, sign as a witness to the
18811881 signature and identification of the recipient.
18821882 SECTION 95. Section 485.032(c), Health and Safety Code, is
18831883 amended to read as follows:
18841884 (c) It is an affirmative defense to prosecution under this
18851885 section that:
18861886 (1) the person making the delivery is an adult having
18871887 supervisory responsibility over the person younger than 18 years of
18881888 age and:
18891889 (A) the adult permits the use of the abusable
18901890 volatile chemical only under the adult's direct supervision and in
18911891 the adult's presence and only for its intended purpose; and
18921892 (B) the adult removes the chemical from the
18931893 person younger than 18 years of age on completion of that use; or
18941894 (2) the person to whom the abusable volatile chemical
18951895 was delivered presented to the defendant an apparently valid Texas
18961896 driver's license or an identification certificate, issued by the
18971897 Texas Department of Motor Vehicles [Public Safety of the State of
18981898 Texas] and containing a physical description consistent with the
18991899 person's appearance, that purported to establish that the person
19001900 was 18 years of age or older.
19011901 SECTION 96. Sections 692A.002(11) and (15), Health and
19021902 Safety Code, are amended to read as follows:
19031903 (11) "Driver's license" means a license or permit
19041904 issued by the Texas Department of Motor Vehicles [Public Safety] to
19051905 operate a vehicle, whether or not conditions are attached to the
19061906 license or permit.
19071907 (15) "Identification card" means an identification
19081908 card issued by the Texas Department of Motor Vehicles [Public
19091909 Safety].
19101910 SECTION 97. Sections 692A.014(a) and (b), Health and Safety
19111911 Code, are amended to read as follows:
19121912 (a) When a hospital refers an individual at or near death to
19131913 a procurement organization, the organization shall make a
19141914 reasonable search of the records of the Texas Department of Motor
19151915 Vehicles [Public Safety] and any donor registry that it knows
19161916 exists for the geographical area in which the individual resides to
19171917 ascertain whether the individual has made an anatomical gift.
19181918 (b) A procurement organization must be allowed reasonable
19191919 access to information in the records of the Texas Department of
19201920 Motor Vehicles [Public Safety] to ascertain whether an individual
19211921 at or near death is a donor.
19221922 SECTION 98. Sections 692A.020(a), (d), (e), (f), (g), (h),
19231923 (i), and (m), Health and Safety Code, are amended to read as
19241924 follows:
19251925 (a) A nonprofit organization designated by the Texas
19261926 Department of Motor Vehicles [Public Safety] shall maintain and
19271927 administer a statewide donor registry, to be known as the Glenda
19281928 Dawson Donate Life-Texas Registry.
19291929 (d) The Texas Department of Motor Vehicles [Public Safety]
19301930 at least monthly shall electronically transfer to the nonprofit
19311931 organization administering the registry the name, date of birth,
19321932 driver's license number, most recent address, and any other
19331933 relevant information in the possession of the Texas Department of
19341934 Motor Vehicles [Public Safety] for any person who indicates on the
19351935 person's driver's license application under Section 521.401,
19361936 Transportation Code, that the person would like to make an
19371937 anatomical gift.
19381938 (e) The nonprofit organization administering the registry
19391939 shall:
19401940 (1) make information obtained from the Texas
19411941 Department of Motor Vehicles [Public Safety] under Subsection (d)
19421942 available to procurement organizations;
19431943 (2) allow potential donors to submit information in
19441944 writing directly to the organization for inclusion in the
19451945 Internet-based registry;
19461946 (3) maintain the Internet-based registry in a manner
19471947 that allows procurement organizations to immediately access organ,
19481948 tissue, and eye donation information 24 hours a day, seven days a
19491949 week through electronic and telephonic methods; and
19501950 (4) protect the confidentiality and privacy of the
19511951 individuals providing information to the Internet-based registry,
19521952 regardless of the manner in which the information is provided.
19531953 (f) Except as otherwise provided by Subsection (e)(3) or
19541954 this subsection, the Texas Department of Motor Vehicles [Public
19551955 Safety], the nonprofit organization administering the registry, or
19561956 a procurement organization may not sell, rent, or otherwise share
19571957 any information provided to the Internet-based registry. A
19581958 procurement organization may share any information provided to the
19591959 registry with an organ procurement organization or a health care
19601960 provider or facility providing medical care to a potential donor as
19611961 necessary to properly identify an individual at the time of
19621962 donation.
19631963 (g) The Texas Department of Motor Vehicles [Public Safety],
19641964 the nonprofit organization administering the registry, or the
19651965 procurement organizations may not use any demographic or specific
19661966 data provided to the Internet-based registry for any fund-raising
19671967 activities. Data may only be transmitted from the selected
19681968 organization to procurement organizations through electronic and
19691969 telephonic methods using secure, encrypted technology to preserve
19701970 the integrity of the data and the privacy of the individuals
19711971 providing information.
19721972 (h) In each office authorized to issue driver's licenses or
19731973 personal identification certificates, the Texas Department of
19741974 Motor Vehicles [Public Safety] shall make available educational
19751975 materials developed by the nonprofit organization administering
19761976 the registry.
19771977 (i) The Glenda Dawson Donate Life-Texas Registry fund is
19781978 created as a trust fund outside the state treasury to be held by the
19791979 comptroller and administered by the Texas Department of Motor
19801980 Vehicles [Public Safety] as trustee on behalf of the statewide
19811981 donor registry maintained for the benefit of the citizens of this
19821982 state. The fund is composed of money deposited to the credit of the
19831983 fund under Sections 502.405(b), 521.008, and 521.422(c),
19841984 Transportation Code, as provided by those subsections. Money in
19851985 the fund shall be disbursed at least monthly, without
19861986 appropriation, to the nonprofit organization administering the
19871987 registry to pay the costs of:
19881988 (1) maintaining, operating, and updating the
19891989 Internet-based registry and establishing procedures for an
19901990 individual to be added to the registry;
19911991 (2) designing and distributing educational materials
19921992 for prospective donors as required under this section; and
19931993 (3) providing education under this chapter.
19941994 (m) The nonprofit organization administering the registry
19951995 may:
19961996 (1) implement a training program for all appropriate
19971997 Texas Department of Motor Vehicles [Public Safety] and Texas
19981998 Department of Transportation employees on the benefits of organ,
19991999 tissue, and eye donation and the procedures for individuals to be
20002000 added to the Internet-based registry; and
20012001 (2) conduct the training described by Subdivision (1)
20022002 on an ongoing basis for new employees.
20032003 SECTION 99. Sections 780.002(a) and (b), Health and Safety
20042004 Code, are amended to read as follows:
20052005 (a) On the first Monday of each month, the Texas Department
20062006 of Motor Vehicles [Public Safety] shall remit the surcharges
20072007 collected during the previous month under the driver responsibility
20082008 program operated by that department under Chapter 708,
20092009 Transportation Code, to the comptroller.
20102010 (b) The comptroller shall deposit 49.5 percent of the money
20112011 received under Subsection (a) to the credit of the account
20122012 established under this chapter and 49.5 percent of the money to the
20132013 general revenue fund. The remaining one percent of the amount of
20142014 the surcharges shall be deposited to the general revenue fund and
20152015 may be appropriated only to the Texas Department of Motor Vehicles
20162016 [Public Safety] for administration of the driver responsibility
20172017 program operated by that department under Chapter 708,
20182018 Transportation Code.
20192019 SECTION 100. Section 841.0822, Health and Safety Code, is
20202020 amended to read as follows:
20212021 Sec. 841.0822. REQUIRED PROCEDURES BEFORE RELEASE FROM
20222022 SECURE CORRECTIONAL FACILITY. Before a committed person is
20232023 released from a secure correctional facility, the Texas Department
20242024 of Criminal Justice shall ensure that:
20252025 (1) the Texas Department of Motor Vehicles [Public
20262026 Safety] issues a personal identification card to the person; and
20272027 (2) the person completes an application for the
20282028 following federal benefits, as appropriate, for which the person
20292029 may be eligible:
20302030 (A) social security benefits, including
20312031 disability benefits, administered by the United States Social
20322032 Security Administration; and
20332033 (B) veterans benefits administered by the United
20342034 States Department of Veterans Affairs.
20352035 SECTION 101. Sections 841.153(a), (c), and (d), Health and
20362036 Safety Code, are amended to read as follows:
20372037 (a) On the release of a committed person from a correctional
20382038 facility, secure correctional facility, or secure detention
20392039 facility, as those terms are defined by Section 841.151, the office
20402040 shall:
20412041 (1) determine whether the person has:
20422042 (A) a valid license issued under Chapter 521 or
20432043 522, Transportation Code; or
20442044 (B) a valid personal identification certificate
20452045 issued under Chapter 521, Transportation Code; and
20462046 (2) if the person does not have a valid license or
20472047 certificate described by Subdivision (1), submit to the Texas
20482048 Department of Motor Vehicles [Public Safety] on behalf of the
20492049 person a request for the issuance of a personal identification
20502050 certificate under Chapter 521, Transportation Code.
20512051 (c) The office, the Texas Department of Motor Vehicles
20522052 [Public Safety], and the vital statistics unit of the Department of
20532053 State Health Services by rule shall adopt a memorandum of
20542054 understanding that establishes their respective responsibilities
20552055 with respect to the issuance of a personal identification
20562056 certificate to a committed person, including responsibilities
20572057 related to verification of the person's identity. The memorandum
20582058 of understanding must require the Department of State Health
20592059 Services to electronically verify the birth record of a committed
20602060 person whose name and any other personal information is provided by
20612061 the office and to electronically report the recorded filing
20622062 information to the Texas Department of Motor Vehicles [Public
20632063 Safety] to validate the identity of a committed person under this
20642064 section.
20652065 (d) The office shall reimburse the Texas Department of Motor
20662066 Vehicles [Public Safety] or the Department of State Health
20672067 Services, as applicable, for the actual costs incurred by those
20682068 agencies in performing responsibilities established under this
20692069 section. The office may charge a committed person for the actual
20702070 costs incurred under this section or for the fees required by
20712071 Section 521.421, Transportation Code.
20722072 SECTION 102. Section 23.002, Human Resources Code, is
20732073 amended to read as follows:
20742074 Sec. 23.002. LICENSING AUTHORITIES SUBJECT TO CHAPTER. In
20752075 this chapter, "licensing authority" means:
20762076 (1) the Parks and Wildlife Department; and
20772077 (2) the Texas Department of Motor Vehicles [Public
20782078 Safety of the State of Texas].
20792079 SECTION 103. Section 1805.051(d), Occupations Code, is
20802080 amended to read as follows:
20812081 (d) The list required by Subsection (c) must contain:
20822082 (1) the proposed seller's driver's license number or
20832083 Texas Department of Motor Vehicles [Public Safety] identification
20842084 card number, as recorded by the dealer on physical presentation of
20852085 the license or identification card by the seller;
20862086 (2) a complete and accurate description of each
20872087 business machine, including its serial number or other identifying
20882088 marks or symbols;
20892089 (3) the proposed seller's certification that the
20902090 information is true and complete; and
20912091 (4) if the business machine is delivered to the
20922092 secondhand dealer for sale or exchange at an auction, the make,
20932093 year, model, color, and registration number of the vehicle in which
20942094 the business machine is transported to the auction.
20952095 SECTION 104. Section 1805.052(b), Occupations Code, is
20962096 amended to read as follows:
20972097 (b) Except as provided by Section 1805.053, a report
20982098 required by this chapter must contain:
20992099 (1) the name and address of the seller of the business
21002100 machine;
21012101 (2) a complete and accurate description of the
21022102 business machine for which the report is made, including the serial
21032103 number or other identifying marks or symbols;
21042104 (3) the seller's certification that the information is
21052105 true and complete; and
21062106 (4) the seller's driver's license number or Texas
21072107 Department of Motor Vehicles [Public Safety] identification card
21082108 number, as recorded by the dealer on physical presentation of the
21092109 license or identification card by the seller.
21102110 SECTION 105. Section 1956.001(8), Occupations Code, is
21112111 amended to read as follows:
21122112 (8) "Personal identification document" means:
21132113 (A) a valid driver's license issued by a state in
21142114 the United States;
21152115 (B) a United States military identification
21162116 card; or
21172117 (C) a personal identification certificate issued
21182118 by the Texas Department of Motor Vehicles [department] under
21192119 Section 521.101, Transportation Code, or a corresponding card or
21202120 certificate issued by another state.
21212121 SECTION 106. Section 1956.062(c), Occupations Code, is
21222122 amended to read as follows:
21232123 (c) The dealer shall record the proposed seller's driver's
21242124 license number or [department] personal identification certificate
21252125 number on physical presentation of the license or personal
21262126 identification certificate by the seller. The record must
21272127 accompany the list.
21282128 SECTION 107. Section 2033.017(f), Occupations Code, is
21292129 amended to read as follows:
21302130 (f) It is an affirmative defense to prosecution of an
21312131 offense under Subsection (a) that the minor falsely represented the
21322132 minor's age by displaying to the person an apparently valid Texas
21332133 driver's license or identification card issued by the Texas
21342134 Department of Motor Vehicles [Public Safety] that contains a
21352135 physical description consistent with the minor's appearance.
21362136 SECTION 108. Section 2402.107(b), Occupations Code, is
21372137 amended to read as follows:
21382138 (b) A transportation network company may not permit an
21392139 individual to log in as a driver on the company's digital network if
21402140 the individual:
21412141 (1) has been convicted in the three-year period
21422142 preceding the issue date of the driving record obtained under
21432143 Subsection (a)(3) of:
21442144 (A) more than three offenses classified by the
21452145 Texas Department of Motor Vehicles [Public Safety] as moving
21462146 violations; or
21472147 (B) one or more of the following offenses:
21482148 (i) fleeing or attempting to elude a police
21492149 officer under Section 545.421, Transportation Code;
21502150 (ii) reckless driving under Section
21512151 545.401, Transportation Code;
21522152 (iii) driving without a valid driver's
21532153 license under Section 521.025, Transportation Code; or
21542154 (iv) driving with an invalid driver's
21552155 license under Section 521.457, Transportation Code;
21562156 (2) has been convicted in the preceding seven-year
21572157 period of any of the following:
21582158 (A) driving while intoxicated under Section
21592159 49.04 or 49.045, Penal Code;
21602160 (B) use of a motor vehicle to commit a felony;
21612161 (C) a felony crime involving property damage;
21622162 (D) fraud;
21632163 (E) theft;
21642164 (F) an act of violence; or
21652165 (G) an act of terrorism; or
21662166 (3) is found to be registered in the national sex
21672167 offender public website maintained by the United States Department
21682168 of Justice or a successor agency.
21692169 SECTION 109. Sections 11.43(f) and (m), Tax Code, are
21702170 amended to read as follows:
21712171 (f) The comptroller, in prescribing the contents of the
21722172 application form for each kind of exemption, shall ensure that the
21732173 form requires an applicant to furnish the information necessary to
21742174 determine the validity of the exemption claim. The form must
21752175 require an applicant to provide the applicant's name and driver's
21762176 license number, personal identification certificate number, or
21772177 social security account number. If the applicant is a charitable
21782178 organization with a federal tax identification number, the form
21792179 must allow the applicant to provide the organization's federal tax
21802180 identification number in lieu of a driver's license number,
21812181 personal identification certificate number, or social security
21822182 account number. The comptroller shall include on the forms a notice
21832183 of the penalties prescribed by Section 37.10, Penal Code, for
21842184 making or filing an application containing a false statement. The
21852185 comptroller shall include, on application forms for exemptions that
21862186 do not have to be claimed annually, a statement explaining that the
21872187 application need not be made annually and that if the exemption is
21882188 allowed, the applicant has a duty to notify the chief appraiser when
21892189 the applicant's entitlement to the exemption ends. In this
21902190 subsection:
21912191 (1) "Driver's license" has the meaning assigned that
21922192 term by Section 521.001, Transportation Code.
21932193 (2) "Personal identification certificate" means a
21942194 certificate issued by the Texas Department of Motor Vehicles
21952195 [Public Safety] under Subchapter E, Chapter 521, Transportation
21962196 Code.
21972197 (m) Notwithstanding Subsections (a) and (k), a person who
21982198 receives an exemption under Section 11.13, other than an exemption
21992199 under Section 11.13(c) or (d) for an individual 65 years of age or
22002200 older, in a tax year is entitled to receive an exemption under
22012201 Section 11.13(c) or (d) for an individual 65 years of age or older
22022202 in the next tax year on the same property without applying for the
22032203 exemption if the person becomes 65 years of age in that next year as
22042204 shown by:
22052205 (1) information in the records of the appraisal
22062206 district that was provided to the appraisal district by the
22072207 individual in an application for an exemption under Section 11.13
22082208 on the property or in correspondence relating to the property; or
22092209 (2) the information provided by the Texas Department
22102210 of Motor Vehicles [Public Safety] to the appraisal district under
22112211 Section 521.049, Transportation Code.
22122212 SECTION 110. Section 411.0085, Government Code, is
22132213 repealed.
22142214 SECTION 111. (a) Effective January 1, 2021, the powers and
22152215 duties of the Department of Public Safety with regard to driver's
22162216 licenses, personal identification cards, the driver responsibility
22172217 program, and other miscellaneous powers and duties are transferred
22182218 to the Texas Department of Motor Vehicles in accordance with this
22192219 Act.
22202220 (b) Effective January 1, 2021, all rules of the Department
22212221 of Public Safety are continued in effect as rules of the Texas
22222222 Department of Motor Vehicles until superseded by a rule of the Texas
22232223 Department of Motor Vehicles. A license or certification issued by
22242224 the Department of Public Safety is continued in effect as provided
22252225 by the law in effect immediately before the effective date of this
22262226 Act. A complaint, investigation, contested case, or other
22272227 proceeding pending on the effective date of this Act is continued
22282228 without change in status after the effective date of this Act. An
22292229 activity conducted by the Department of Public Safety is considered
22302230 to be an activity conducted by the Texas Department of Motor
22312231 Vehicles.
22322232 (c) On September 1, 2019, or as soon as is possible after
22332233 that date, the public safety director of the Department of Public
22342234 Safety shall adopt a comprehensive plan to ensure the smooth
22352235 transition of all programs operated by the Department of Public
22362236 Safety relating to driver's licenses, personal identification
22372237 cards, the driver responsibility program, and other miscellaneous
22382238 powers and duties before January 1, 2021, from the Department of
22392239 Public Safety to the Texas Department of Motor Vehicles.
22402240 SECTION 112. Effective January 1, 2021:
22412241 (1) all money, contracts, leases, rights, property,
22422242 records, and bonds and other obligations of the Department of
22432243 Public Safety relating to driver's licenses, personal
22442244 identification cards, the driver responsibility program, and other
22452245 miscellaneous powers and duties are transferred to the Texas
22462246 Department of Motor Vehicles; and
22472247 (2) an employee of the Department of Public Safety
22482248 Driver License Division and any employee of the Department of
22492249 Public Safety who primarily performs duties related to a power or
22502250 duty transferred under this Act become employees of the Texas
22512251 Department of Motor Vehicles.
22522252 SECTION 113. (a) The unobligated and unexpended balance of
22532253 any appropriations made to the Department of Public Safety in
22542254 connection with or relating to driver's licenses, personal
22552255 identification cards, the driver responsibility program, or other
22562256 powers or duties transferred under this Act, for the state fiscal
22572257 biennium ending August 31, 2019, is transferred and reappropriated
22582258 to the Texas Department of Motor Vehicles for the purpose of
22592259 implementing the powers, duties, obligations, and rights of action
22602260 transferred to that department under this Act.
22612261 (b) The Department of Public Safety shall continue, as
22622262 necessary, to perform the duties and functions being transferred to
22632263 the Texas Department of Motor Vehicles until the transfer of agency
22642264 duties and functions is complete.
22652265 SECTION 114. (a) The governing bodies of the Texas
22662266 Department of Motor Vehicles and the Department of Public Safety
22672267 shall enter into or revise a joint memorandum of understanding to
22682268 coordinate the Texas Department of Motor Vehicles' and the
22692269 Department of Public Safety's information systems to allow for the
22702270 sharing of information so that each department may effectively and
22712271 efficiently perform the functions and duties assigned to it.
22722272 Neither the Texas Department of Motor Vehicles nor the Department
22732273 of Public Safety may impose or collect a fee or charge in connection
22742274 with the sharing of information under the joint memorandum of
22752275 understanding entered into or revised under this section.
22762276 (b) The Texas Department of Motor Vehicles and the
22772277 Department of Public Safety shall implement the joint memorandum of
22782278 understanding using existing personnel and resources.
22792279 (c) Otherwise confidential information shared under the
22802280 memorandum of understanding remains subject to the same
22812281 confidentiality requirements and legal restrictions on access to
22822282 the information that are imposed by law on the department that
22832283 originally obtained or collected the information.
22842284 (d) Information may be shared under the memorandum of
22852285 understanding without the consent of the person who is the subject
22862286 of the information.
22872287 (e) The memorandum of understanding required by Subsection
22882288 (a) of this section must be entered into or revised at the first
22892289 official meeting of the board of the Texas Department of Motor
22902290 Vehicles occurring after the effective date of this Act.
22912291 SECTION 115. (a) In addition to the memorandum of
22922292 understanding required by this Act, the boards of the Texas
22932293 Department of Motor Vehicles and the Department of Public Safety
22942294 may enter into or revise one or more other joint memoranda of
22952295 understanding necessary to effect the transfer of the powers and
22962296 duties of the Department of Public Safety to the Texas Department of
22972297 Motor Vehicles under this Act. A memorandum of understanding may
22982298 include an agreement for the provision of office space, utilities,
22992299 and other facility services; the need for full-time equivalent
23002300 positions of the Department of Public Safety to provide support
23012301 services in addition to the positions transferred to the Texas
23022302 Department of Motor Vehicles under this Act; support services; and
23032303 the transfer of information technology as necessary or appropriate
23042304 to effect the transfer of the powers and duties of the Department of
23052305 Public Safety to the Texas Department of Motor Vehicles.
23062306 (b) Subsections (b), (c), and (d) of Section 114 of this Act
23072307 apply to a memorandum of understanding entered into or revised
23082308 under Subsection (a) of this section.
23092309 SECTION 116. To the extent of any conflict, this Act
23102310 prevails over another Act of the 86th Legislature, Regular Session,
23112311 2019, relating to nonsubstantive additions to and corrections in
23122312 enacted codes.
23132313 SECTION 117. This Act takes effect September 1, 2019.