Texas 2021 - 87th Regular

Texas Senate Bill SB1771 Compare Versions

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11 87R4841 CXP-D
22 By: Paxton S.B. No. 1771
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the assumption by the office of the secretary of state
88 of the powers and duties relating to driver's licenses, personal
99 identification certificates, and other related programs, powers,
1010 and duties and to the provision of some of those services by certain
1111 vendors; authorizing a fee.
1212 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1313 SECTION 1. Section 192.005, Transportation Code, is amended
1414 to read as follows:
1515 Sec. 192.005. RECORD OF ACCIDENT OR VIOLATION. If a person
1616 operating a railroad locomotive or train is involved in an accident
1717 with another train or a motor vehicle or is arrested for violation
1818 of a law relating to the person's operation of a railroad locomotive
1919 or train:
2020 (1) the number of or other identifying information on
2121 the person's driver's license or commercial driver's license may not
2222 be included in any report of the accident or violation; and
2323 (2) the person's involvement in the accident or
2424 violation may not be recorded in the person's individual driving
2525 record maintained by the office [Department] of the secretary of
2626 state [Public Safety].
2727 SECTION 2. Section 201.806(b), Transportation Code, is
2828 amended to read as follows:
2929 (b) The department shall provide electronic access to the
3030 system containing the accident reports so that the office
3131 [Department] of the secretary of state [Public Safety] can perform
3232 its duties, including the duty to make timely entries on driver
3333 records.
3434 SECTION 3. Sections 502.357(b), (c), and (d),
3535 Transportation Code, are amended to read as follows:
3636 (b) Fees collected under this section shall be deposited to
3737 the credit of the state highway fund except that the comptroller
3838 shall provide for a portion of the fees to be deposited first to the
3939 credit of a special fund in the state treasury outside the general
4040 revenue fund to be known as the TexasSure Fund in a total amount
4141 that is necessary to cover the total amount appropriated to the
4242 Texas Department of Insurance from that fund and for the remaining
4343 fees to be deposited to the state highway fund. Subject to
4444 appropriations, the money deposited to the credit of the state
4545 highway fund under this section may be used by the office of the
4646 secretary of state [Department of Public Safety] to:
4747 (1) support the office of the secretary of state's
4848 [Department of Public Safety's] reengineering of the driver's
4949 license system to provide for the issuance by the office of the
5050 secretary of state [Department of Public Safety] of a driver's
5151 license or personal identification certificate, to include use of
5252 image comparison technology; and
5353 (2) make lease payments to the master lease purchase
5454 program for the financing of the driver's license reengineering
5555 project.
5656 (c) Subject to appropriation, fees collected under this
5757 section may be used by the office of the secretary of state
5858 [Department of Public Safety], the Texas Department of Insurance,
5959 the Department of Information Resources, and the department to
6060 carry out Subchapter N, Chapter 601.
6161 (d) The office of the secretary of state [Department of
6262 Public Safety], the Texas Department of Insurance, the Department
6363 of Information Resources, and the department shall jointly adopt
6464 rules and develop forms necessary to administer this section.
6565 SECTION 4. Sections 521.001(a)(1-a) and (2),
6666 Transportation Code, are amended to read as follows:
6767 (1-a) "Department" means the office [Department] of
6868 the secretary of state [Public Safety].
6969 (2) "Director" means the secretary of state [public
7070 safety director].
7171 SECTION 5. Section 521.009, Transportation Code, is amended
7272 by amending Subsections (a), (a-1), (b), and (c) and adding
7373 Subsections (a-2), (e-1), (e-2), and (g) to read as follows:
7474 (a) The department may establish a program for the provision
7575 of renewal and duplicate driver's license, election identification
7676 certificate, and personal identification certificate services by
7777 [in] counties, [and] municipalities, and vendors that enter into an
7878 agreement with the department under Subsection (a-1).
7979 (a-1) Under the program, the department may enter into an
8080 agreement with the commissioners court of a county, [or] the
8181 governing body of a municipality, or a vendor, subject to
8282 Subsection (a-2), to permit county, [or] municipal, or vendor
8383 employees to provide services at a county or municipal office or at
8484 a location determined by the vendor relating to the issuance of
8585 renewal and duplicate driver's licenses, election identification
8686 certificates, and personal identification certificates, including:
8787 (1) taking photographs;
8888 (2) administering vision tests;
8989 (3) updating a driver's license, election
9090 identification certificate, or personal identification certificate
9191 to change a name, address, or photograph;
9292 (4) distributing and collecting information relating
9393 to donations under Section 521.401;
9494 (5) collecting fees; and
9595 (6) performing other basic ministerial functions and
9696 tasks necessary to issue renewal and duplicate driver's licenses,
9797 election identification certificates, and personal identification
9898 certificates.
9999 (a-2) The department may enter into an agreement with a
100100 vendor under Subsection (a-1) only if the vendor:
101101 (1) is a driver education school authorized under
102102 Section 521.165(e) to administer the examination required by
103103 Section 521.161(b)(2); or
104104 (2) otherwise performs customer service functions for
105105 the public.
106106 (b) An agreement under Subsection (a-1) may not include the
107107 administration of [training to administer] an examination for
108108 driver's license applicants under Subchapter H unless the agreement
109109 is with a driver education school described by Subsection (a-2)(1).
110110 (c) A participating county, [or] municipality, or vendor
111111 must remit to the department for deposit as required by this chapter
112112 fees collected for the issuance of a renewal or duplicate driver's
113113 license or personal identification certificate.
114114 (e-1) An agreement under Subsection (a-1) with a vendor must
115115 require the vendor to:
116116 (1) comply with training requirements developed by the
117117 department under Subsection (e-2);
118118 (2) agree to serve as a voter registration agency in a
119119 manner that ensures compliance with federal law; and
120120 (3) comply with the same privacy and information
121121 security standards required of the department, including standards
122122 required under:
123123 (A) this chapter;
124124 (B) Chapter 2054, Government Code;
125125 (C) Chapter 2059, Government Code; or
126126 (D) other law.
127127 (e-2) The department shall develop training requirements
128128 for a vendor relating to the services provided by the vendor under
129129 this section.
130130 (g) The department may perform periodic audits of a vendor
131131 that has entered into an agreement with the department under
132132 Subsection (a-1) to ensure compliance with this section, the
133133 agreement entered into under this section, and any rules adopted by
134134 the department under this section.
135135 SECTION 6. Section 521.044(a), Transportation Code, is
136136 amended to read as follows:
137137 (a) Information provided on a driver's license or personal
138138 identification certificate application that relates to the
139139 applicant's social security number may be used only by the
140140 department or disclosed only to:
141141 (1) the child support enforcement division of the
142142 attorney general's office;
143143 (2) another state entity responsible for enforcing the
144144 payment of child support;
145145 (3) the United States Selective Service System as
146146 provided by Section 521.147;
147147 (4) the unclaimed property division of the
148148 comptroller's office;
149149 (5) the Health and Human Services Commission; or
150150 (6) [the secretary of state for the purposes of voter
151151 registration or the administration of elections; or
152152 [(7)] an agency of another state responsible for
153153 issuing driver's licenses or identification documents.
154154 SECTION 7. Section 521.044(c)(1), Transportation Code, is
155155 amended to read as follows:
156156 (1) On the request of a state entity responsible for
157157 investigating or enforcing the payment of child support [or the
158158 secretary of state], the department shall disclose information
159159 regarding an applicant's social security number.
160160 SECTION 8. Subchapter C, Chapter 521, Transportation Code,
161161 is amended by adding Section 521.064 to read as follows:
162162 Sec. 521.064. REPRODUCTION OF RECORDS. (a) Except as
163163 provided by Subsection (b), the department may photograph,
164164 microphotograph, or film any record in connection with the issuance
165165 of a driver's license or commercial driver's license.
166166 (b) An original fingerprint card may not be photographed or
167167 filmed to dispose of the original record.
168168 (c) The department may create original records in
169169 micrographic form on media, such as computer output microfilm.
170170 (d) A photograph, microphotograph, or film of a record
171171 reproduced under Subsection (a) is equivalent to the original
172172 record for all purposes, including introduction as evidence in all
173173 courts and administrative agency proceedings. A certified or
174174 authenticated copy of such a photograph, microphotograph, or film
175175 is admissible as evidence equally with the original photograph,
176176 microphotograph, or film.
177177 (e) The director or an authorized representative may
178178 certify the authenticity of a photograph, microphotograph, or film
179179 of a record reproduced under this section and shall charge a fee for
180180 the certified photograph, microphotograph, or film as provided by
181181 law.
182182 (f) Certified records shall be furnished to any person who
183183 is authorized by law to receive them.
184184 SECTION 9. Section 521.103, Transportation Code, is amended
185185 by adding Subsection (d) to read as follows:
186186 (d) The Department of Public Safety may access any
187187 photograph of a person described by Subsection (a) that is made
188188 available to the department through the process of issuing a
189189 personal identification certificate under this section, including
190190 a renewal, duplicate, or corrected certificate, for use by the
191191 Department of Public Safety for purposes of Article 62.005(c), Code
192192 of Criminal Procedure.
193193 SECTION 10. Section 521.247, Transportation Code, is
194194 amended to read as follows:
195195 Sec. 521.247. APPROVAL OF IGNITION INTERLOCK DEVICES BY
196196 DEPARTMENT OF PUBLIC SAFETY. (a) The Department of Public Safety
197197 [department] shall adopt rules for the approval of ignition
198198 interlock devices used under this subchapter.
199199 (b) The Department of Public Safety [department] by rule
200200 shall establish general standards for the calibration and
201201 maintenance of the devices. The manufacturer or an authorized
202202 representative of the manufacturer is responsible for calibrating
203203 and maintaining the device.
204204 (c) If the Department of Public Safety [department]
205205 approves a device, the Department of Public Safety [department]
206206 shall notify the manufacturer of that approval in writing. Written
207207 notice from the Department of Public Safety [department] to a
208208 manufacturer is admissible in a civil or criminal proceeding in
209209 this state. The manufacturer shall reimburse the Department of
210210 Public Safety [department] for any cost incurred by the Department
211211 of Public Safety [department] in approving the device.
212212 (d) The Department of Public Safety [department] is not
213213 liable in a civil or criminal proceeding that arises from the use of
214214 an approved device.
215215 SECTION 11. Section 521.2475, Transportation Code, is
216216 amended to read as follows:
217217 Sec. 521.2475. IGNITION INTERLOCK DEVICE EVALUATION. (a)
218218 On January 1 of each year, the Department of Public Safety
219219 [department] shall issue an evaluation of each ignition interlock
220220 device approved under Section 521.247 using guidelines established
221221 by the National Highway Traffic Safety Administration, including:
222222 (1) whether the device provides accurate detection of
223223 alveolar air;
224224 (2) the moving retest abilities of the device;
225225 (3) the use of tamper-proof blood alcohol content
226226 level software by the device;
227227 (4) the anticircumvention design of the device;
228228 (5) the recalibration requirements of the device; and
229229 (6) the breath action required by the operator.
230230 (b) The Department of Public Safety [department] shall
231231 assess the cost of preparing the evaluation equally against each
232232 manufacturer of an approved device.
233233 SECTION 12. Sections 521.2476(a), (b), (c), and (d),
234234 Transportation Code, are amended to read as follows:
235235 (a) The Department of Public Safety [department] by rule
236236 shall establish:
237237 (1) minimum standards for vendors of ignition
238238 interlock devices who conduct business in this state; and
239239 (2) procedures to ensure compliance with those
240240 standards, including procedures for the inspection of a vendor's
241241 facilities.
242242 (b) The minimum standards shall require each vendor to:
243243 (1) be authorized by the Department of Public Safety
244244 [department] to do business in this state;
245245 (2) install a device only if the device is approved
246246 under Section 521.247;
247247 (3) obtain liability insurance providing coverage for
248248 damages arising out of the operation or use of devices in amounts
249249 and under the terms specified by the Department of Public Safety
250250 [department];
251251 (4) install the device and activate any
252252 anticircumvention feature of the device within a reasonable time
253253 after the vendor receives notice that installation is ordered by a
254254 court;
255255 (5) install and inspect the device in accordance with
256256 any applicable court order;
257257 (6) repair or replace a device not later than 48 hours
258258 after receiving notice of a complaint regarding the operation of
259259 the device;
260260 (7) submit a written report of any violation of a court
261261 order to that court and to the person's supervising officer, if any,
262262 not later than 48 hours after the vendor discovers the violation;
263263 (8) maintain a record of each action taken by the
264264 vendor with respect to each device installed by the vendor,
265265 including each action taken as a result of an attempt to circumvent
266266 the device, until at least the fifth anniversary after the date of
267267 installation;
268268 (9) make a copy of the record available for inspection
269269 by or send a copy of the record to any court, supervising officer,
270270 or the Department of Public Safety [department] on request; and
271271 (10) annually provide to the Department of Public
272272 Safety [department] a written report of each service and ignition
273273 interlock device feature made available by the vendor.
274274 (c) The Department of Public Safety [department] may revoke
275275 its [the department's] authorization for a vendor to do business in
276276 this state if the vendor or an officer or employee of the vendor
277277 violates:
278278 (1) any law of this state that applies to the vendor;
279279 or
280280 (2) any rule adopted by the Department of Public
281281 Safety [department] under this section or another law that applies
282282 to the vendor.
283283 (d) A vendor shall reimburse the Department of Public Safety
284284 [department] for the reasonable cost of conducting each inspection
285285 of the vendor's facilities under this section.
286286 SECTION 13. Section 521.272, Transportation Code, is
287287 amended by adding Subsection (e) to read as follows:
288288 (e) The Department of Public Safety may access any
289289 photograph of a person described by Subsection (a) that is made
290290 available to the department through the process of issuing a
291291 driver's license under this section, including a renewal,
292292 duplicate, or corrected license, for use by the Department of
293293 Public Safety for purposes of Article 62.005(c), Code of Criminal
294294 Procedure.
295295 SECTION 14. Section 521.428, Transportation Code, is
296296 amended to read as follows:
297297 Sec. 521.428. COUNTY, [OR] MUNICIPAL, OR VENDOR FEE. (a) A
298298 county, [or] municipality, or vendor that provides services under
299299 an agreement described by Section 521.009 may collect an additional
300300 fee of up to $5 for each transaction provided that relates to
301301 driver's license and personal identification certificate services
302302 only.
303303 (b) No portion of a fee authorized under this section may be
304304 charged for performing a function in connection with voter
305305 registration.
306306 SECTION 15. Sections 521A.001(a), (b), (e), (f), (g), and
307307 (h), Transportation Code, are amended to read as follows:
308308 (a) The office of the secretary of state [department] shall
309309 issue an election identification certificate to a person who states
310310 that the person is obtaining the certificate for the purpose of
311311 satisfying Section 63.001(b), Election Code, and does not have
312312 another form of identification described by Section 63.0101(a),
313313 Election Code, and:
314314 (1) who is a registered voter in this state and
315315 presents a valid voter registration certificate; or
316316 (2) who is eligible for registration under Section
317317 13.001, Election Code, and submits a registration application to
318318 the department.
319319 (b) The office of the secretary of state [department] may
320320 not collect a fee for an election identification certificate or a
321321 duplicate election identification certificate issued under this
322322 section.
323323 (e) An election identification certificate must be similar
324324 in form to, but distinguishable in color from, a driver's license
325325 and a personal identification certificate. [The department may
326326 cooperate with the secretary of state in developing the form and
327327 appearance of an election identification certificate.]
328328 (f) The office of the secretary of state [department] may
329329 require each applicant for an original or renewal election
330330 identification certificate to furnish to the office [department]
331331 the information required by Section 521.142.
332332 (g) The office of the secretary of state [department] may
333333 cancel and require surrender of an election identification
334334 certificate after determining that the holder was not entitled to
335335 the certificate or gave incorrect or incomplete information in the
336336 application for the certificate.
337337 (h) A certificate expires on a date specified by the office
338338 of the secretary of state [department], except that a certificate
339339 issued to a person 70 years of age or older does not expire.
340340 SECTION 16. Section 522.003(8), Transportation Code, is
341341 amended to read as follows:
342342 (8) "Department" means the office [Department] of the
343343 secretary of state [Public Safety].
344344 SECTION 17. Section 522.007, Transportation Code, is
345345 amended to read as follows:
346346 Sec. 522.007. EXEMPTION FOR NEIGHBORING STATES. (a) The
347347 secretary of state [public safety director] shall enter
348348 negotiations with an appropriate person or entity of a state
349349 bordering this state for the purpose of applying the exemption
350350 contained in Section 522.004(a)(1) to residents of that state.
351351 (b) The secretary of state [public safety director] may
352352 enter an agreement to apply the exemption contained in Section
353353 522.004(a)(1) to residents of a bordering state only if that state
354354 extends a similar exemption to residents of this state.
355355 SECTION 18. Section 522.152(d), Transportation Code, is
356356 amended to read as follows:
357357 (d) The organization shall submit an annual report to the
358358 secretary [director] of state [the department] that includes the
359359 total dollar amount of contributions received by the organization
360360 under this section.
361361 SECTION 19. Sections 523.003(2) and (5), Transportation
362362 Code, are amended to read as follows:
363363 (2) "Executive director" means the secretary
364364 [director] of state [the Department of Public Safety] or the
365365 equivalent officer of another state.
366366 (5) "Licensing authority" means the office
367367 [Department] of the secretary of state [Public Safety] or the
368368 equivalent agency of another state.
369369 SECTION 20. Sections 524.001(8) and (9), Transportation
370370 Code, are amended to read as follows:
371371 (8) "Department" means the office [Department] of the
372372 secretary of state [Public Safety].
373373 (9) "Director" means the secretary [public safety
374374 director] of state [the department].
375375 SECTION 21. Section 525.001(b), Transportation Code, is
376376 amended to read as follows:
377377 (b) The office [Department] of the secretary of state
378378 [Public Safety] shall include motorcycle and bicycle awareness
379379 information in [any edition of] the Texas driver's handbook
380380 [published after the department exhausts the supply of the handbook
381381 that the department had on September 1, 1993].
382382 SECTION 22. Section 542.304(a), Transportation Code, is
383383 amended to read as follows:
384384 (a) The department by rule shall designate the offenses
385385 involving the operation of a motor vehicle that constitute a moving
386386 violation of the traffic law for the purposes of:
387387 (1) [Article 102.022(a), Code of Criminal Procedure;
388388 [(2)] Section 1001.112(a-2), Education Code;
389389 (2) [(3)] Section 411.110(f), Government Code; and
390390 (3) [(4)] Sections 773.0614(b) and 773.06141(a),
391391 Health and Safety Code.
392392 SECTION 23. Section 543.112(b), Transportation Code, is
393393 amended to read as follows:
394394 (b) The uniform certificate of course completion must
395395 include an identifying number by which the Texas Department of
396396 Licensing and Regulation, the court, [or] the department, or the
397397 office of the secretary of state may verify its authenticity with
398398 the course provider and must be in a form adopted by the Texas
399399 Department of Licensing and Regulation.
400400 SECTION 24. Section 601.002(1), Transportation Code, is
401401 amended to read as follows:
402402 (1) "Department" means the office [Department] of the
403403 secretary of state [Public Safety].
404404 SECTION 25. Subchapter A, Chapter 601, Transportation Code,
405405 is amended by adding Section 601.010 to read as follows:
406406 Sec. 601.010. ACCESS TO RECORDS BY DEPARTMENT OF PUBLIC
407407 SAFETY. The Department of Public Safety may access the
408408 department's records relating to the suspension of a driver's
409409 license and vehicle registration under this chapter.
410410 SECTION 26. Section 601.233(a), Transportation Code, is
411411 amended to read as follows:
412412 (a) A citation for an offense under Section 601.191 issued
413413 as a result of Section 601.053 must include, in type larger than
414414 other type on the citation, the following statement:
415415 "A second or subsequent conviction of an offense under the Texas
416416 Motor Vehicle Safety Responsibility Act will result in the
417417 suspension of your driver's license and motor vehicle registration
418418 unless you file and maintain evidence of financial responsibility
419419 with the office [Department] of the secretary of state [Public
420420 Safety] for two years from the date of conviction. The office
421421 [department] may waive the requirement to file evidence of
422422 financial responsibility if you file satisfactory evidence with the
423423 office [department] showing that at the time this citation was
424424 issued, the vehicle was covered by a motor vehicle liability
425425 insurance policy or that you were otherwise exempt from the
426426 requirements to provide evidence of financial responsibility."
427427 SECTION 27. Sections 643.253(g) and (h), Transportation
428428 Code, are amended to read as follows:
429429 (g) As soon as practicable after the date a person is
430430 convicted of an offense under Subsection (b), the convicting court
431431 shall notify the office of the secretary of state [Department of
432432 Public Safety] of the conviction. The notice must be in a form
433433 prescribed by the office of the secretary of state [Department of
434434 Public Safety] and must contain the person's driver's license
435435 number.
436436 (h) A conviction under Subsection (b) shall be recorded in
437437 the person's driving record maintained by the office of the
438438 secretary of state [Department of Public Safety].
439439 SECTION 28. Section 662.011(a), Transportation Code, is
440440 amended to read as follows:
441441 (a) Of each fee collected under Sections 521.421(b) and (g)
442442 and Sections 522.029(f) and (g), the office [Department] of the
443443 secretary of state [Public Safety] shall send $5 to the comptroller
444444 for deposit to the credit of the motorcycle education fund account.
445445 SECTION 29. Section 703.001(2), Transportation Code, is
446446 amended to read as follows:
447447 (2) "Department" and "licensing authority" mean the
448448 office [Department] of the secretary of state [Public Safety].
449449 SECTION 30. Section 706.001(2), Transportation Code, is
450450 amended to read as follows:
451451 (2) "Department" means the office [Department] of the
452452 secretary of state [Public Safety].
453453 SECTION 31. Section 706.008(c), Transportation Code, is
454454 amended to read as follows:
455455 (c) Except for an action based on a citation issued by a
456456 peace officer employed by the Department of Public Safety
457457 [department], the vendor may not be compensated with state money.
458458 SECTION 32. Section 724.001(7), Transportation Code, is
459459 amended to read as follows:
460460 (7) "Department" means the office [Department] of the
461461 secretary of state [Public Safety].
462462 SECTION 33. Section 724.016, Transportation Code, is
463463 amended to read as follows:
464464 Sec. 724.016. BREATH SPECIMEN. (a) A breath specimen taken
465465 at the request or order of a peace officer must be taken and
466466 analyzed under rules of the Department of Public Safety
467467 [department] by an individual possessing a certificate issued by
468468 the Department of Public Safety [department] certifying that the
469469 individual is qualified to perform the analysis.
470470 (b) The Department of Public Safety [department] may:
471471 (1) adopt rules approving satisfactory analytical
472472 methods; and
473473 (2) ascertain the qualifications of an individual to
474474 perform the analysis.
475475 (c) The Department of Public Safety [department] may revoke
476476 a certificate for cause.
477477 SECTION 34. Sections 724.032(a) and (b), Transportation
478478 Code, are amended to read as follows:
479479 (a) If a person refuses to submit to the taking of a
480480 specimen, whether expressly or because of an intentional failure of
481481 the person to give the specimen, the peace officer shall:
482482 (1) serve notice of license suspension or denial on
483483 the person;
484484 (2) take possession of any license issued by this
485485 state and held by the person arrested;
486486 (3) issue a temporary driving permit to the person
487487 unless department records show or the officer otherwise determines
488488 that the person does not hold a license to operate a motor vehicle
489489 in this state; and
490490 (4) make a written report of the refusal to the
491491 secretary of state [director of the department].
492492 (b) The secretary of state [director] must approve the form
493493 of the refusal report. The report must:
494494 (1) show the grounds for the officer's belief that the
495495 person had been operating a motor vehicle or watercraft powered
496496 with an engine having a manufacturer's rating of 50 horsepower or
497497 above while intoxicated; and
498498 (2) contain a copy of:
499499 (A) the refusal statement requested under
500500 Section 724.031; or
501501 (B) a statement signed by the officer that the
502502 person refused to:
503503 (i) submit to the taking of the requested
504504 specimen; and
505505 (ii) sign the requested statement under
506506 Section 724.031.
507507 SECTION 35. Subchapter C, Chapter 724, Transportation Code,
508508 is amended by adding Section 724.0345 to read as follows:
509509 Sec. 724.0345. ACCESS TO RECORDS BY DEPARTMENT OF PUBLIC
510510 SAFETY. The Department of Public Safety may access the
511511 department's records relating to the suspension or denial of a
512512 driver's license.
513513 SECTION 36. Section 106.03(b), Alcoholic Beverage Code, is
514514 amended to read as follows:
515515 (b) A person who sells a minor an alcoholic beverage does
516516 not commit an offense if the minor falsely represents himself to be
517517 21 years old or older by displaying an apparently valid proof of
518518 identification that contains a physical description and photograph
519519 consistent with the minor's appearance, purports to establish that
520520 the minor is 21 years of age or older, and was issued by a
521521 governmental agency. The proof of identification may include a
522522 driver's license or identification card issued by the office
523523 [Department] of the secretary of state [Public Safety], a passport,
524524 or a military identification card.
525525 SECTION 37. Section 106.06(d), Alcoholic Beverage Code, is
526526 amended to read as follows:
527527 (d) A judge, acting under Chapter 42A, Code of Criminal
528528 Procedure, who places a defendant charged with an offense under
529529 this section on community supervision under that chapter shall, if
530530 the defendant committed the offense at a gathering where
531531 participants were involved in the abuse of alcohol, including binge
532532 drinking or forcing or coercing individuals to consume alcohol, in
533533 addition to any other condition imposed by the judge:
534534 (1) require the defendant to:
535535 (A) perform community service for not less than
536536 20 or more than 40 hours; and
537537 (B) attend an alcohol awareness program approved
538538 under Section 106.115; and
539539 (2) order the office [Department] of the secretary of
540540 state [Public Safety] to suspend the driver's license or permit of
541541 the defendant or, if the defendant does not have a driver's license
542542 or permit, to deny the issuance of a driver's license or permit to
543543 the defendant for 180 days.
544544 SECTION 38. Section 106.071(d), Alcoholic Beverage Code, is
545545 amended to read as follows:
546546 (d) In addition to any fine and any order issued under
547547 Section 106.115:
548548 (1) the court shall order a minor placed on deferred
549549 disposition for or convicted of an offense to which this section
550550 applies to perform community service for:
551551 (A) not less than eight or more than 12 hours, if
552552 the minor has not been previously convicted of an offense to which
553553 this section applies; or
554554 (B) not less than 20 or more than 40 hours, if the
555555 minor has been previously convicted once of an offense to which this
556556 section applies; and
557557 (2) the court shall order the office [Department] of
558558 the secretary of state [Public Safety] to suspend the driver's
559559 license or permit of a minor convicted of an offense to which this
560560 section applies or, if the minor does not have a driver's license or
561561 permit, to deny the issuance of a driver's license or permit for:
562562 (A) 30 days, if the minor has not been previously
563563 convicted of an offense to which this section applies;
564564 (B) 60 days, if the minor has been previously
565565 convicted once of an offense to which this section applies; or
566566 (C) 180 days, if the minor has been previously
567567 convicted twice or more of an offense to which this section applies.
568568 SECTION 39. Sections 106.115(b-2), (d), and (e), Alcoholic
569569 Beverage Code, are amended to read as follows:
570570 (b-2) For purposes of Subsection (b-1), if the defendant is
571571 enrolled in an institution of higher education located in a county
572572 in which access to an alcohol awareness program is readily
573573 available, the court may consider the defendant to be a resident of
574574 that county. If the defendant is not enrolled in such an
575575 institution of higher education or if the court does not consider
576576 the defendant to be a resident of the county in which the
577577 institution is located, the defendant's residence is the residence
578578 listed on the defendant's driver's license or personal
579579 identification certificate issued by the office [Department] of the
580580 secretary of state [Public Safety]. If the defendant does not have
581581 a driver's license or personal identification certificate issued by
582582 the office [Department] of the secretary of state [Public Safety],
583583 the defendant's residence is the residence on the defendant's voter
584584 registration certificate. If the defendant is not registered to
585585 vote, the defendant's residence is the residence on file with the
586586 public school district on which the defendant's enrollment is
587587 based. If the defendant is not enrolled in public school, the
588588 defendant's residence is determined as provided by commission rule.
589589 (d) If the defendant does not present the required evidence
590590 within the prescribed period, the court:
591591 (1) shall order the office [Department] of the
592592 secretary of state [Public Safety] to:
593593 (A) suspend the defendant's driver's license or
594594 permit for a period not to exceed six months or, if the defendant
595595 does not have a license or permit, to deny the issuance of a license
596596 or permit to the defendant for that period; or
597597 (B) if the defendant has been previously
598598 convicted of an offense under one or more of the sections listed in
599599 Subsection (a), suspend the defendant's driver's license or permit
600600 for a period not to exceed one year or, if the defendant does not
601601 have a license or permit, to deny the issuance of a license or
602602 permit to the defendant for that period; and
603603 (2) may order the defendant or the parent, managing
604604 conservator, or guardian of the defendant to do any act or refrain
605605 from doing any act if the court determines that doing the act or
606606 refraining from doing the act will increase the likelihood that the
607607 defendant will present evidence to the court that the defendant has
608608 satisfactorily completed an alcohol awareness program or performed
609609 the required hours of community service.
610610 (e) The office [Department] of the secretary of state
611611 [Public Safety] shall send notice of the suspension or prohibition
612612 order issued under Subsection (d) by first class mail to the
613613 defendant. The notice must include the date of the suspension or
614614 prohibition order, the reason for the suspension or prohibition,
615615 and the period covered by the suspension or prohibition.
616616 SECTION 40. Section 106.15(e), Alcoholic Beverage Code, is
617617 amended to read as follows:
618618 (e) A person does not commit an offense under Subsection (a)
619619 if the person younger than 18 years of age falsely represents the
620620 person's age to be at least 18 years of age by displaying an
621621 apparently valid Texas driver's license or an identification card
622622 issued by the office [Department] of the secretary of state [Public
623623 Safety] containing a physical description consistent with the
624624 person's appearance.
625625 SECTION 41. Section 20.23(b), Business & Commerce Code, is
626626 amended to read as follows:
627627 (b) Information or documentation that identifies a
628628 protected consumer or a representative of a protected consumer is
629629 considered sufficient proof of identity for purposes of this
630630 subchapter, including:
631631 (1) a social security number or a copy of the social
632632 security card issued by the United States Social Security
633633 Administration;
634634 (2) a certified or official copy of a birth
635635 certificate issued by the entity authorized to issue the birth
636636 certificate;
637637 (3) a copy of a driver's license or identification card
638638 issued by the office [Department] of the secretary of state [Public
639639 Safety]; or
640640 (4) any other government-issued identification.
641641 SECTION 42. Article 42.016, Code of Criminal Procedure, is
642642 amended to read as follows:
643643 Art. 42.016. SPECIAL DRIVER'S LICENSE OR IDENTIFICATION
644644 REQUIREMENTS FOR CERTAIN SEX OFFENDERS. If a person is convicted
645645 of, receives a grant of deferred adjudication for, or is
646646 adjudicated as having engaged in delinquent conduct based on a
647647 violation of an offense for which a conviction or adjudication
648648 requires registration as a sex offender under Chapter 62, the court
649649 shall:
650650 (1) issue an order requiring the office [Texas
651651 Department] of the secretary of state [Public Safety] to include in
652652 any driver's license record or personal identification certificate
653653 record maintained by the office [department] for the person an
654654 indication that the person is subject to the registration
655655 requirements of Chapter 62;
656656 (2) require the person to apply to the office [Texas
657657 Department] of the secretary of state [Public Safety] in person for
658658 an original or renewal driver's license or personal identification
659659 certificate not later than the 30th day after the date the person is
660660 released or the date the office [department] sends written notice
661661 to the person of the requirements of Article 62.060, as applicable,
662662 and to annually renew the license or certificate;
663663 (3) notify the person of the consequence of the
664664 conviction or order of deferred adjudication as it relates to the
665665 order issued under this article; and
666666 (4) send to the office [Texas Department] of the
667667 secretary of state [Public Safety] a copy of the record of
668668 conviction, a copy of the order granting deferred adjudication, or
669669 a copy of the juvenile adjudication, as applicable, and a copy of
670670 the order issued under this article.
671671 SECTION 43. Article 42A.403(a), Code of Criminal Procedure,
672672 is amended to read as follows:
673673 (a) A judge who places on community supervision a defendant
674674 convicted of an offense under Sections 49.04-49.08, Penal Code,
675675 shall require as a condition of community supervision that the
676676 defendant attend and successfully complete, before the 181st day
677677 after the date community supervision is granted, an educational
678678 program designed to rehabilitate persons who have driven while
679679 intoxicated that is jointly approved by:
680680 (1) the Texas Department of Licensing and Regulation;
681681 (2) the office [Department] of the secretary of state
682682 [Public Safety];
683683 (3) the traffic safety section of the traffic
684684 operations division of the Texas Department of Transportation; and
685685 (4) the community justice assistance division of the
686686 Texas Department of Criminal Justice.
687687 SECTION 44. Article 42A.406, Code of Criminal Procedure, is
688688 amended to read as follows:
689689 Art. 42A.406. EFFECT OF EDUCATIONAL PROGRAM REQUIREMENTS ON
690690 DRIVING RECORD AND LICENSE. (a) If a defendant is required as a
691691 condition of community supervision to attend an educational program
692692 under Article 42A.403 or 42A.404, or if the court waives the
693693 educational program requirement under Article 42A.403 or the
694694 defendant successfully completes equivalent education under
695695 Article 42A.4045, the court clerk shall immediately report that
696696 fact to the office [Department] of the secretary of state [Public
697697 Safety], on a form prescribed by the office [department], for
698698 inclusion in the defendant's driving record. If the court grants an
699699 extension of time in which the defendant may complete the
700700 educational program under Article 42A.403, the court clerk shall
701701 immediately report that fact to the office [Department] of the
702702 secretary of state [Public Safety] on a form prescribed by the
703703 office [department]. The clerk's report under this subsection must
704704 include the beginning date of the defendant's community
705705 supervision.
706706 (b) On the defendant's successful completion of an
707707 educational program under Article 42A.403 or 42A.404, the
708708 defendant's instructor shall give notice to the office [Department]
709709 of the secretary of state [Public Safety] for inclusion in the
710710 defendant's driving record and to the community supervision and
711711 corrections department. The community supervision and corrections
712712 department shall forward the notice to the court clerk for filing.
713713 (c) [(b-1)] Upon release from a residential treatment
714714 facility at which the person successfully completed equivalent
715715 education under Article 42A.4045, at the request of the court
716716 clerk, the director of the residential treatment facility shall
717717 give notice to the office [Department] of the secretary of state
718718 [Public Safety] for inclusion in the person's driving record.
719719 (d) [(c)] If the office [Department] of the secretary of
720720 state [Public Safety] does not receive notice that a defendant
721721 required to complete an educational program has successfully
722722 completed the program within the period required by the judge under
723723 this subchapter, as shown on office [department] records, the
724724 office [department], as provided by Sections 521.344(e) and (f),
725725 Transportation Code, shall:
726726 (1) revoke the defendant's driver's license; or
727727 (2) prohibit the defendant from obtaining a license.
728728 (e) [(d)] The office [Department] of the secretary of state
729729 [Public Safety] may not reinstate a license revoked under
730730 Subsection (d) [(c)] as the result of an educational program
731731 requirement imposed under Article 42A.403 unless the defendant
732732 whose license was revoked applies to the office [department] for
733733 reinstatement of the license and pays to the office [department] a
734734 reinstatement fee of $100. The office [Department] of the
735735 secretary of state [Public Safety] shall remit all fees collected
736736 under this subsection to the comptroller for deposit in the general
737737 revenue fund.
738738 SECTION 45. Articles 42A.407(c) and (e), Code of Criminal
739739 Procedure, are amended to read as follows:
740740 (c) If the office [Department] of the secretary of state
741741 [Public Safety] receives notice that a defendant has been required
742742 to attend a subsequent educational program under Article 42A.403 or
743743 42A.404, although the previously required attendance had been
744744 waived, but the judge has not ordered a period of suspension, the
745745 office [department] shall:
746746 (1) suspend the defendant's driver's license; or
747747 (2) issue an order prohibiting the defendant from
748748 obtaining a license for a period of one year.
749749 (e) The suspension of a defendant's driver's license under
750750 Subsection (d) shall be reported to the office [Department] of the
751751 secretary of state [Public Safety] as provided under Section
752752 521.347, Transportation Code.
753753 SECTION 46. Articles 45.050(c) and (f), Code of Criminal
754754 Procedure, are amended to read as follows:
755755 (c) If a child fails to obey an order of a justice or
756756 municipal court under circumstances that would constitute contempt
757757 of court, the justice or municipal court, after providing notice
758758 and an opportunity to be heard, may:
759759 (1) refer the child to the appropriate juvenile court
760760 for delinquent conduct for contempt of the justice or municipal
761761 court order; or
762762 (2) retain jurisdiction of the case, hold the child in
763763 contempt of the justice or municipal court, and order either or both
764764 of the following:
765765 (A) that the contemnor pay a fine not to exceed
766766 $500; or
767767 (B) that the office [Department] of the secretary
768768 of state [Public Safety] suspend the contemnor's driver's license
769769 or permit or, if the contemnor does not have a license or permit, to
770770 deny the issuance of a license or permit to the contemnor until the
771771 contemnor fully complies with the orders of the court.
772772 (f) A court that orders suspension or denial of a driver's
773773 license or permit under Subsection (c)(2)(B) shall notify the
774774 office [Department] of the secretary of state [Public Safety] on
775775 receiving proof of compliance with the orders of the court.
776776 SECTION 47. Articles 45.051(b-1) and (b-3), Code of
777777 Criminal Procedure, are amended to read as follows:
778778 (b-1) If the defendant is younger than 25 years of age and
779779 the offense committed by the defendant is a traffic offense
780780 classified as a moving violation:
781781 (1) Subsection (b)(8) does not apply;
782782 (2) during the deferral period, the judge:
783783 (A) shall require the defendant to complete a
784784 driving safety course approved under Chapter 1001, Education Code;
785785 and
786786 (B) may require the defendant to complete an
787787 additional driving safety course designed for drivers younger than
788788 25 years of age and approved under Section 1001.111, Education
789789 Code; and
790790 (3) if the defendant holds a provisional license,
791791 during the deferral period the judge shall require that the
792792 defendant be examined by the office [Department] of the secretary
793793 of state [Public Safety] as required by Section 521.161(b)(2),
794794 Transportation Code; a defendant is not exempt from the examination
795795 regardless of whether the defendant was examined previously.
796796 (b-3) The reimbursement fee collected under Subsection
797797 (b-2) must be deposited to the credit of a special account in the
798798 general revenue fund and may be used only by the office [Department]
799799 of the secretary of state [Public Safety] for the administration of
800800 Chapter 521, Transportation Code.
801801 SECTION 48. Articles 45.0511(c), (c-1), and (l), Code of
802802 Criminal Procedure, are amended to read as follows:
803803 (c) The court shall enter judgment on the defendant's plea
804804 of no contest or guilty at the time the plea is made, defer
805805 imposition of the judgment, and allow the defendant 90 days to
806806 successfully complete the approved driving safety course or
807807 motorcycle operator training course and present to the court:
808808 (1) a uniform certificate of completion of the driving
809809 safety course or a verification of completion of the motorcycle
810810 operator training course;
811811 (2) unless the judge proceeds under Subsection (c-1),
812812 the defendant's driving record as maintained by the office
813813 [Department] of the secretary of state [Public Safety], if any,
814814 showing that the defendant had not completed an approved driving
815815 safety course or motorcycle operator training course, as
816816 applicable, within the 12 months preceding the date of the offense;
817817 (3) an affidavit stating that the defendant was not
818818 taking a driving safety course or motorcycle operator training
819819 course, as applicable, under this article on the date the request to
820820 take the course was made and had not completed such a course that is
821821 not shown on the defendant's driving record within the 12 months
822822 preceding the date of the offense; and
823823 (4) if the defendant does not have a valid Texas
824824 driver's license or permit and is a member, or the spouse or
825825 dependent child of a member, of the United States military forces
826826 serving on active duty, an affidavit stating that the defendant was
827827 not taking a driving safety course or motorcycle operator training
828828 course, as appropriate, in another state on the date the request to
829829 take the course was made and had not completed such a course within
830830 the 12 months preceding the date of the offense.
831831 (c-1) In this subsection, "state electronic Internet
832832 portal" has the meaning assigned by Section 2054.003, Government
833833 Code. As an alternative to receiving the defendant's driving
834834 record under Subsection (c)(2), the judge, at the time the
835835 defendant requests a driving safety course or motorcycle operator
836836 training course dismissal under this article, may require the
837837 defendant to pay a reimbursement fee in an amount equal to the sum
838838 of the amount of the fee established by Section 521.048,
839839 Transportation Code, and the state electronic Internet portal fee
840840 and, using the state electronic Internet portal, may request the
841841 office [Texas Department] of the secretary of state [Public Safety]
842842 to provide the judge with a copy of the defendant's driving record
843843 that shows the information described by Section 521.047(b),
844844 Transportation Code. As soon as practicable and using the state
845845 electronic Internet portal, the office [Texas Department] of the
846846 secretary of state [Public Safety] shall provide the judge with the
847847 requested copy of the defendant's driving record. The
848848 reimbursement fee authorized by this subsection is in addition to
849849 any other fee required under this article. If the copy of the
850850 defendant's driving record provided to the judge under this
851851 subsection shows that the defendant has not completed an approved
852852 driving safety course or motorcycle operator training course, as
853853 appropriate, within the 12 months preceding the date of the
854854 offense, the judge shall allow the defendant to complete the
855855 appropriate course as provided by this article. The custodian of a
856856 municipal or county treasury who receives reimbursement fees
857857 collected under this subsection shall keep a record of the fees and,
858858 without deduction or proration, forward the fees to the
859859 comptroller, with and in the manner required for other fees and
860860 costs received in connection with criminal cases. The comptroller
861861 shall credit fees received under this subsection to the office
862862 [Texas Department] of the secretary of state [Public Safety].
863863 (l) When a defendant complies with Subsection (c), the court
864864 shall:
865865 (1) remove the judgment and dismiss the charge;
866866 (2) report the fact that the defendant successfully
867867 completed a driving safety course or a motorcycle operator training
868868 course and the date of completion to the office [Texas Department]
869869 of the secretary of state [Public Safety] for inclusion in the
870870 person's driving record; and
871871 (3) state in that report whether the course was taken
872872 under this article to provide information necessary to determine
873873 eligibility to take a subsequent course under Subsection (b).
874874 SECTION 49. Article 45.052(d), Code of Criminal Procedure,
875875 is amended to read as follows:
876876 (d) A charge dismissed under this article may not be part of
877877 the defendant's criminal record or driving record or used for any
878878 purpose. However, if the charge was for a traffic offense, the
879879 court shall report to the office [Department] of the secretary of
880880 state [Public Safety] that the defendant successfully completed the
881881 teen court program and the date of completion for inclusion in the
882882 defendant's driving record.
883883 SECTION 50. Article 62.053(a), Code of Criminal Procedure,
884884 is amended to read as follows:
885885 (a) Before a person who will be subject to registration
886886 under this chapter is due to be released from a penal institution,
887887 the Texas Department of Criminal Justice or the Texas Juvenile
888888 Justice Department shall determine the person's level of risk to
889889 the community using the sex offender screening tool developed or
890890 selected under Article 62.007 and assign to the person a numeric
891891 risk level of one, two, or three. Before releasing the person, an
892892 official of the penal institution shall:
893893 (1) inform the person that:
894894 (A) not later than the later of the seventh day
895895 after the date on which the person is released or after the date on
896896 which the person moves from a previous residence to a new residence
897897 in this state or not later than the first date the applicable local
898898 law enforcement authority by policy allows the person to register
899899 or verify registration, the person must register or verify
900900 registration with the local law enforcement authority in the
901901 municipality or county in which the person intends to reside;
902902 (B) not later than the seventh day after the date
903903 on which the person is released or the date on which the person
904904 moves from a previous residence to a new residence in this state,
905905 the person must, if the person has not moved to an intended
906906 residence, report to the applicable entity or entities as required
907907 by Article 62.051(h) or (j) or 62.055(e);
908908 (C) not later than the seventh day before the
909909 date on which the person moves to a new residence in this state or
910910 another state, the person must report in person to the local law
911911 enforcement authority designated as the person's primary
912912 registration authority by the department and to the juvenile
913913 probation officer, community supervision and corrections
914914 department officer, or parole officer supervising the person;
915915 (D) not later than the 10th day after the date on
916916 which the person arrives in another state in which the person
917917 intends to reside, the person must register with the law
918918 enforcement agency that is identified by the department as the
919919 agency designated by that state to receive registration
920920 information, if the other state has a registration requirement for
921921 sex offenders;
922922 (E) not later than the 30th day after the date on
923923 which the person is released, the person must apply to the office of
924924 the secretary of state [department] in person for the issuance of an
925925 original or renewal driver's license or personal identification
926926 certificate and a failure to apply to the office [department] as
927927 required by this paragraph results in the automatic revocation of
928928 any driver's license or personal identification certificate issued
929929 by the office [department] to the person;
930930 (F) the person must notify appropriate entities
931931 of any change in status as described by Article 62.057;
932932 (G) certain types of employment are prohibited
933933 under Article 62.063 for a person with a reportable conviction or
934934 adjudication for a sexually violent offense involving a victim
935935 younger than 14 years of age and occurring on or after September 1,
936936 2013;
937937 (H) certain locations of residence are
938938 prohibited under Article 62.064 for a person with a reportable
939939 conviction or adjudication for an offense occurring on or after
940940 September 1, 2017, except as otherwise provided by that article;
941941 and
942942 (I) if the person enters the premises of a school
943943 as described by Article 62.065 and is subject to the requirements of
944944 that article, the person must immediately notify the administrative
945945 office of the school of the person's presence and the person's
946946 registration status under this chapter;
947947 (2) require the person to sign a written statement
948948 that the person was informed of the person's duties as described by
949949 Subdivision (1) or Subsection (g) or, if the person refuses to sign
950950 the statement, certify that the person was so informed;
951951 (3) obtain the address or, if applicable, a detailed
952952 description of each geographical location where the person expects
953953 to reside on the person's release and other registration
954954 information, including a photograph and complete set of
955955 fingerprints; and
956956 (4) complete the registration form for the person.
957957 SECTION 51. Article 62.060, Code of Criminal Procedure, is
958958 amended to read as follows:
959959 Art. 62.060. REQUIREMENTS RELATING TO DRIVER'S LICENSE OR
960960 PERSONAL IDENTIFICATION CERTIFICATE. (a) A person subject to
961961 registration under this chapter shall apply to the office of the
962962 secretary of state [department] in person for the issuance of, as
963963 applicable, an original or renewal driver's license under Section
964964 521.272, Transportation Code, an original or renewal personal
965965 identification certificate under Section 521.103, Transportation
966966 Code, or an original or renewal commercial driver's license or
967967 commercial learner's permit under Section 522.033, Transportation
968968 Code, not later than the 30th day after the date:
969969 (1) the person is released from a penal institution or
970970 is released by a court on community supervision or juvenile
971971 probation; or
972972 (2) the office of the secretary of state [department]
973973 sends written notice to the person of the requirements of this
974974 article.
975975 (b) The person shall annually renew in person each driver's
976976 license or personal identification certificate issued by the office
977977 of the secretary of state [department] to the person, including
978978 each renewal, duplicate, or corrected license or certificate, until
979979 the person's duty to register under this chapter expires.
980980 SECTION 52. Article 62.2021(a), Code of Criminal Procedure,
981981 is amended to read as follows:
982982 (a) Notwithstanding Article 62.060(b), a person subject to
983983 registration who is civilly committed as a sexually violent
984984 predator and resides at a civil commitment center shall renew the
985985 person's state-issued [department-issued] driver's license or
986986 personal identification certificate as prescribed by Section
987987 521.103, 521.272, or 522.033, Transportation Code, as applicable.
988988 SECTION 53. Section 1001.056(d), Education Code, is amended
989989 to read as follows:
990990 (d) A certificate under this section must:
991991 (1) be in a form required by the department; and
992992 (2) include an identifying number by which the
993993 department, a court, [or] the Department of Public Safety, or the
994994 office of the secretary of state may verify its authenticity with
995995 the course provider.
996996 SECTION 54. Section 1001.058(b), Education Code, is amended
997997 to read as follows:
998998 (b) The advisory committee consists of 12 [eleven] members
999999 appointed for staggered six-year terms by the presiding officer of
10001000 the commission, with the approval of the commission, as follows:
10011001 (1) one member representing a driver education school
10021002 that offers a traditional classroom course and in-car training;
10031003 (2) one member representing a driver education school
10041004 that offers a traditional classroom course, alternative methods of
10051005 instruction, or in-car training;
10061006 (3) one member representing a driving safety school
10071007 offering a traditional classroom course or providing an alternative
10081008 method of instruction;
10091009 (4) one member representing a driving safety course
10101010 provider approved for a traditional classroom course and for an
10111011 alternative method of instruction;
10121012 (5) one member representing a driving safety course
10131013 provider approved for a traditional classroom course or for an
10141014 alternative method of instruction;
10151015 (6) one licensed instructor;
10161016 (7) one representative of the Department of Public
10171017 Safety;
10181018 (8) one member representing a drug and alcohol driving
10191019 awareness program course provider;
10201020 (9) one member representing a parent-taught course
10211021 provider; [and]
10221022 (10) two members representing the public; and
10231023 (11) one representative of the office of the secretary
10241024 of state.
10251025 SECTION 55. Section 13.002(c), Election Code, is amended to
10261026 read as follows:
10271027 (c) A registration application must include:
10281028 (1) the applicant's first name, middle name, if any,
10291029 last name, and former name, if any;
10301030 (2) the month, day, and year of the applicant's birth;
10311031 (3) a statement that the applicant is a United States
10321032 citizen;
10331033 (4) a statement that the applicant is a resident of the
10341034 county;
10351035 (5) a statement that the applicant has not been
10361036 determined by a final judgment of a court exercising probate
10371037 jurisdiction to be:
10381038 (A) totally mentally incapacitated; or
10391039 (B) partially mentally incapacitated without the
10401040 right to vote;
10411041 (6) a statement that the applicant has not been
10421042 finally convicted of a felony or that the applicant is a felon
10431043 eligible for registration under Section 13.001;
10441044 (7) the applicant's residence address or, if the
10451045 residence has no address, the address at which the applicant
10461046 receives mail and a concise description of the location of the
10471047 applicant's residence;
10481048 (8) the following information:
10491049 (A) the applicant's Texas driver's license number
10501050 or the number of a personal identification card issued by the office
10511051 [Department] of the secretary of state [Public Safety];
10521052 (B) if the applicant has not been issued a number
10531053 described by Paragraph (A), the last four digits of the applicant's
10541054 social security number; or
10551055 (C) a statement by the applicant that the
10561056 applicant has not been issued a number described by Paragraph (A) or
10571057 (B);
10581058 (9) if the application is made by an agent, a statement
10591059 of the agent's relationship to the applicant; and
10601060 (10) the city and county in which the applicant
10611061 formerly resided.
10621062 SECTION 56. Section 13.004(c), Election Code, as amended by
10631063 Chapters 469 (H.B. 4173), 489 (H.B. 3100), and 1146 (H.B. 2910),
10641064 Acts of the 86th Legislature, Regular Session, 2019, is reenacted
10651065 and amended to read as follows:
10661066 (c) The following information furnished on a registration
10671067 application is confidential and does not constitute public
10681068 information for purposes of Chapter 552, Government Code:
10691069 (1) a social security number;
10701070 (2) a Texas driver's license number;
10711071 (3) a number of a personal identification card issued
10721072 by the office [Department] of the secretary of state [Public
10731073 Safety];
10741074 (4) an indication that an applicant is interested in
10751075 working as an election judge;
10761076 (5) the residence address of the applicant, if the
10771077 applicant is a federal judge or state judge, the spouse of a federal
10781078 judge or state judge, the spouse of a peace officer as defined by
10791079 Article 2.12, Code of Criminal Procedure, or an individual to whom
10801080 Section 552.1175, Government Code, or Section 521.1211,
10811081 Transportation Code, applies and the applicant:
10821082 (A) included an affidavit with the registration
10831083 application describing the applicant's status under this
10841084 subdivision, if the applicant is a federal judge or state judge or
10851085 the spouse of a federal judge or state judge;
10861086 (B) provided the registrar with an affidavit
10871087 describing the applicant's status under this subdivision, if the
10881088 applicant is a federal judge or state judge or the spouse of a
10891089 federal judge or state judge; or
10901090 (C) provided the registrar with a completed form
10911091 approved by the secretary of state for the purpose of notifying the
10921092 registrar of the applicant's status under this subdivision;
10931093 (6) the residence address of the applicant, if the
10941094 applicant, the applicant's child, or another person in the
10951095 applicant's household is a victim of family violence as defined by
10961096 Section 71.004, Family Code, who provided the registrar with:
10971097 (A) a copy of a protective order issued under
10981098 Chapter 85, Family Code, or a magistrate's order for emergency
10991099 protection issued under Article 17.292, Code of Criminal Procedure;
11001100 or
11011101 (B) other independent documentary evidence
11021102 necessary to show that the applicant, the applicant's child, or
11031103 another person in the applicant's household is a victim of family
11041104 violence;
11051105 (7) the residence address of the applicant, if the
11061106 applicant, the applicant's child, or another person in the
11071107 applicant's household is a victim of sexual assault or abuse,
11081108 stalking, or trafficking of persons who provided the registrar
11091109 with:
11101110 (A) a copy of a protective order issued under
11111111 Subchapter A or B, Chapter 7B, Code of Criminal Procedure, or a
11121112 magistrate's order for emergency protection issued under Article
11131113 17.292, Code of Criminal Procedure; or
11141114 (B) other independent documentary evidence
11151115 necessary to show that the applicant, the applicant's child, or
11161116 another person in the applicant's household is a victim of sexual
11171117 assault or abuse, stalking, or trafficking of persons;
11181118 (8) the residence address of the applicant, if the
11191119 applicant:
11201120 (A) is a participant in the address
11211121 confidentiality program administered by the attorney general under
11221122 Subchapter B, Chapter 58, Code of Criminal Procedure; and
11231123 (B) provided the registrar with proof of
11241124 certification under Article 58.059, Code of Criminal Procedure; or
11251125 (9) the telephone number of any applicant submitting
11261126 documentation under Subdivision (5), (6), (7), or (8).
11271127 SECTION 57. Section 13.072(a), Election Code, is amended to
11281128 read as follows:
11291129 (a) Unless the registrar challenges the applicant, the
11301130 registrar shall approve the application if:
11311131 (1) the registrar determines that an application
11321132 complies with Section 13.002 and indicates that the applicant is
11331133 eligible for registration; and
11341134 (2) for an applicant who has not included a statement
11351135 described by Section 13.002(c)(8)(C), the registrar verifies with
11361136 the secretary of state:
11371137 (A) the applicant's Texas driver's license number
11381138 or number of a personal identification card issued by the office
11391139 [Department] of the secretary of state [Public Safety]; or
11401140 (B) the last four digits of the applicant's
11411141 social security number.
11421142 SECTION 58. Section 13.122(a), Election Code, is amended to
11431143 read as follows:
11441144 (a) In addition to the other statements and spaces for
11451145 entering information that appear on an officially prescribed
11461146 registration application form, each official form must include:
11471147 (1) the statement: "I understand that giving false
11481148 information to procure a voter registration is perjury and a crime
11491149 under state and federal law.";
11501150 (2) a space for the applicant's registration number;
11511151 (3) a space for the applicant's Texas driver's license
11521152 number or number of a personal identification card issued by the
11531153 office [Department] of the secretary of state [Public Safety];
11541154 (4) a space for the applicant's telephone number;
11551155 (5) a space for the applicant's social security
11561156 number;
11571157 (6) a space for the applicant's sex;
11581158 (7) a statement indicating that the furnishing of the
11591159 applicant's telephone number and sex is optional;
11601160 (8) a space or box for indicating whether the
11611161 applicant or voter is submitting new registration information or a
11621162 change in current registration information;
11631163 (9) a statement instructing a voter who is using the
11641164 form to make a change in current registration information to enter
11651165 the voter's name and the changed information in the appropriate
11661166 spaces on the form;
11671167 (10) a statement that if the applicant declines to
11681168 register to vote, that fact will remain confidential and will be
11691169 used only for voter registration purposes;
11701170 (11) a statement that if the applicant does register
11711171 to vote, information regarding the agency or office to which the
11721172 application is submitted will remain confidential and will be used
11731173 only for voter registration purposes;
11741174 (12) a space or box for indicating whether the
11751175 applicant is interested in working as an election judge;
11761176 (13) a statement warning that a conviction for making
11771177 a false statement may result in imprisonment for up to the maximum
11781178 amount of time provided by law, a fine of up to the maximum amount
11791179 provided by law, or both the imprisonment and the fine; and
11801180 (14) any other voter registration information
11811181 required by federal law or considered appropriate and required by
11821182 the secretary of state.
11831183 SECTION 59. Section 16.031(a), Election Code, is amended to
11841184 read as follows:
11851185 (a) The registrar shall cancel a voter's registration
11861186 immediately on receipt of:
11871187 (1) notice under Section 13.072(b) or 15.021 or a
11881188 response under Section 15.053 that the voter's residence is outside
11891189 the county;
11901190 (2) an abstract of the voter's death certificate under
11911191 Section 16.001(a) or an abstract of an application indicating that
11921192 the voter is deceased under Section 16.001(b);
11931193 (3) an abstract of a final judgment of the voter's
11941194 total mental incapacity, partial mental incapacity without the
11951195 right to vote, conviction of a felony, or disqualification under
11961196 Section 16.002, 16.003, or 16.004;
11971197 (4) notice under Section 112.012 that the voter has
11981198 applied for a limited ballot in another county;
11991199 (5) notice from a voter registration official in
12001200 another state that the voter has registered to vote outside this
12011201 state;
12021202 (6) notice from the early voting clerk under Section
12031203 101.053 that a federal postcard application submitted by an
12041204 applicant states a voting residence address located outside the
12051205 registrar's county; or
12061206 (7) notice from the secretary of state that the voter
12071207 has registered to vote in another county, as determined by the
12081208 voter's driver's license number or personal identification card
12091209 number issued by the office [Department] of the secretary of state
12101210 [Public Safety] or social security number.
12111211 SECTION 60. Sections 20.001(a) and (b), Election Code, are
12121212 amended to read as follows:
12131213 (a) The following state agencies or offices are designated
12141214 as voter registration agencies:
12151215 (1) office of the secretary of state;
12161216 (2) Health and Human Services Commission;
12171217 (3) [(2)] Department of Aging and Disability
12181218 Services;
12191219 (4) [(3)] Department of Assistive and Rehabilitative
12201220 Services;
12211221 (5) [(4)] Department of State Health Services; and
12221222 (6) [(5)] any other agency or program as determined by
12231223 the secretary of state that primarily provides:
12241224 (A) public assistance; or
12251225 (B) services to persons with disabilities.
12261226 (b) Each vendor that provides services under an agreement
12271227 described by Section 521.009, Transportation Code, [The Department
12281228 of Public Safety] is designated as a voter registration agency.
12291229 SECTION 61. The heading to Subchapter C, Chapter 20,
12301230 Election Code, is amended to read as follows:
12311231 SUBCHAPTER C. OFFICE OF SECRETARY [DEPARTMENT] OF STATE AND
12321232 VENDORS [PUBLIC SAFETY]
12331233 SECTION 62. Section 20.061, Election Code, is amended to
12341234 read as follows:
12351235 Sec. 20.061. APPLICABILITY [OF OTHER PROVISIONS]. (a) The
12361236 other provisions of this chapter apply to the office [Department]
12371237 of the secretary of state and vendors described by Section
12381238 20.001(b) [Public Safety] except provisions that conflict with this
12391239 subchapter.
12401240 (b) The provisions of this subchapter apply to vendors
12411241 described by Section 20.001(b) in the same manner as those
12421242 provisions apply to the office of the secretary of state.
12431243 SECTION 63. Section 20.062, Election Code, is amended to
12441244 read as follows:
12451245 Sec. 20.062. OFFICE AND VENDOR [DEPARTMENT] FORMS AND
12461246 PROCEDURE. (a) The office [Department] of the secretary of state
12471247 [Public Safety] shall prescribe and use a form and procedure that
12481248 combines the office's [department's] application form for a license
12491249 or card with an officially prescribed voter registration
12501250 application form.
12511251 (b) The office [department] shall prescribe and use a change
12521252 of address form and procedure that combines office [department] and
12531253 voter registration functions. The form must allow a licensee or
12541254 cardholder to indicate whether the change of address is also to be
12551255 used for voter registration purposes.
12561256 (c) The design, content, and physical characteristics of
12571257 the [department] forms of vendors described by Section 20.001(b)
12581258 must be approved by the secretary of state.
12591259 SECTION 64. Section 20.063, Election Code, is amended to
12601260 read as follows:
12611261 Sec. 20.063. REGISTRATION PROCEDURES. (a) The office
12621262 [Department] of the secretary of state [Public Safety] shall
12631263 provide to each person who applies in person to the office [at the
12641264 department's offices] for an original or renewal of a driver's
12651265 license, a personal identification card, or a duplicate or
12661266 corrected license or card an opportunity to complete a voter
12671267 registration application form.
12681268 (b) When the office [department] processes a license or card
12691269 for renewal by mail, the office [department] shall deliver to the
12701270 applicant by mail a voter registration application form.
12711271 (c) A change of address that relates to a license or card and
12721272 that is submitted to the office [department] in person or by mail
12731273 serves as a change of address for voter registration unless the
12741274 licensee or cardholder indicates that the change is not for voter
12751275 registration purposes. The date of submission of a change of
12761276 address to an office [a department] employee is considered to be the
12771277 date of submission to the voter registrar for the purpose of
12781278 determining the effective date of registration only.
12791279 (d) If a completed voter registration application submitted
12801280 to an office [a department] employee does not include the
12811281 applicant's correct driver's license number or personal
12821282 identification card number, an office [a department] employee shall
12831283 enter the appropriate information on the application. If a
12841284 completed application does not include the applicant's correct
12851285 residence address or mailing address, an office [a department]
12861286 employee shall obtain the appropriate information from the
12871287 applicant and enter the information on the application.
12881288 SECTION 65. Section 20.064, Election Code, is amended to
12891289 read as follows:
12901290 Sec. 20.064. DECLINATION FORM NOT REQUIRED. The office
12911291 [Department] of the secretary of state [Public Safety] is not
12921292 required to comply with the procedures prescribed by this chapter
12931293 relating to the form for a declination of voter registration.
12941294 SECTION 66. Section 20.065, Election Code, is amended to
12951295 read as follows:
12961296 Sec. 20.065. DELIVERY OF APPLICATIONS AND CHANGES OF
12971297 ADDRESS. [(a)] At the end of each day the [a Department of Public
12981298 Safety] office of the secretary of state is regularly open for
12991299 business, the [manager of the] office shall deliver by mail or in
13001300 person to the voter registrar of the applicable county [in which the
13011301 office is located] each completed voter registration application
13021302 and applicable change of address submitted to an office [a
13031303 department] employee.
13041304 [(b) Each weekday the department is regularly open for
13051305 business, the department shall electronically transfer to the
13061306 secretary of state the name of each person who completes a voter
13071307 registration application submitted to the department. The
13081308 secretary shall prescribe procedures necessary to implement this
13091309 subsection.
13101310 [(c) On the weekday the secretary of state is regularly open
13111311 for business following the date the secretary receives information
13121312 under Subsection (b), the secretary shall inform the appropriate
13131313 voter registrar of the name of each person who completes a voter
13141314 registration application submitted to the department. The
13151315 registrar may verify that the registrar has received each
13161316 application as indicated by the information provided by the
13171317 secretary under this subsection.]
13181318 SECTION 67. Section 20.066(a), Election Code, is amended to
13191319 read as follows:
13201320 (a) If a person completes a voter registration application
13211321 as provided by Section 20.063, the office [Department] of the
13221322 secretary of state [Public Safety] shall:
13231323 (1) input the information provided on the application
13241324 into the office's [department's] electronic data system; and
13251325 (2) inform the applicant that the applicant's
13261326 electronic signature provided to the office [department] will be
13271327 used for submitting the applicant's voter registration
13281328 application.
13291329 SECTION 68. Section 63.0101(a), Election Code, is amended
13301330 to read as follows:
13311331 (a) The following documentation is an acceptable form of
13321332 photo identification under this chapter:
13331333 (1) a driver's license, election identification
13341334 certificate, or personal identification card issued to the person
13351335 by the office [Department] of the secretary of state [Public
13361336 Safety] that has not expired or that expired no earlier than four
13371337 years before the date of presentation;
13381338 (2) a United States military identification card that
13391339 contains the person's photograph that has not expired or that
13401340 expired no earlier than four years before the date of presentation;
13411341 (3) a United States citizenship certificate issued to
13421342 the person that contains the person's photograph;
13431343 (4) a United States passport book or card issued to the
13441344 person that has not expired or that expired no earlier than four
13451345 years before the date of presentation; or
13461346 (5) a license to carry a handgun issued to the person
13471347 by the Department of Public Safety that has not expired or that
13481348 expired no earlier than four years before the date of presentation.
13491349 SECTION 69. Section 65.060, Election Code, is amended to
13501350 read as follows:
13511351 Sec. 65.060. DISCLOSURE OF SOCIAL SECURITY, DRIVER'S
13521352 LICENSE, OR PERSONAL IDENTIFICATION NUMBER ON PROVISIONAL BALLOT
13531353 AFFIDAVIT. A social security number, Texas driver's license
13541354 number, or number of a personal identification card issued by the
13551355 office [Department] of the secretary of state [Public Safety]
13561356 furnished on a provisional ballot affidavit is confidential and
13571357 does not constitute public information for purposes of Chapter 552,
13581358 Government Code. The general custodian of election records shall
13591359 ensure that a social security number, Texas driver's license
13601360 number, or number of a personal identification card issued by the
13611361 office [Department] of the secretary of state [Public Safety] is
13621362 excluded from disclosure.
13631363 SECTION 70. Section 2.005(b), Family Code, is amended to
13641364 read as follows:
13651365 (b) The proof must be established by:
13661366 (1) a driver's license or identification card issued
13671367 by this state, another state, or a Canadian province that is current
13681368 or has expired not more than two years preceding the date the
13691369 identification is submitted to the county clerk in connection with
13701370 an application for a license;
13711371 (2) a United States passport;
13721372 (3) a current passport issued by a foreign country or a
13731373 consular document issued by a state or national government;
13741374 (4) an unexpired Certificate of United States
13751375 Citizenship, Certificate of Naturalization, United States Citizen
13761376 Identification Card, Permanent Resident Card, Temporary Resident
13771377 Card, Employment Authorization Card, or other document issued by
13781378 the federal Department of Homeland Security or the United States
13791379 Department of State including an identification photograph;
13801380 (5) an unexpired military identification card for
13811381 active duty, reserve, or retired personnel with an identification
13821382 photograph;
13831383 (6) an original or certified copy of a birth
13841384 certificate issued by a bureau of vital statistics for a state or a
13851385 foreign government;
13861386 (7) an original or certified copy of a Consular Report
13871387 of Birth Abroad or Certificate of Birth Abroad issued by the United
13881388 States Department of State;
13891389 (8) an original or certified copy of a court order
13901390 relating to the applicant's name change or sex change;
13911391 (9) school records from a secondary school or
13921392 institution of higher education;
13931393 (10) an insurance policy continuously valid for the
13941394 two years preceding the date of the application for a license;
13951395 (11) a motor vehicle certificate of title;
13961396 (12) military records, including documentation of
13971397 release or discharge from active duty or a draft record;
13981398 (13) an unexpired military dependent identification
13991399 card;
14001400 (14) an original or certified copy of the applicant's
14011401 marriage license or divorce decree;
14021402 (15) a voter registration certificate;
14031403 (16) a pilot's license issued by the Federal Aviation
14041404 Administration or another authorized agency of the United States;
14051405 (17) a license to carry a handgun under Subchapter H,
14061406 Chapter 411, Government Code;
14071407 (18) a temporary driving permit or a temporary
14081408 identification card issued by the office [Department] of the
14091409 secretary of state [Public Safety]; or
14101410 (19) an offender identification card issued by the
14111411 Texas Department of Criminal Justice.
14121412 SECTION 71. Sections 54.042(a), (b), (f), and (g), Family
14131413 Code, are amended to read as follows:
14141414 (a) A juvenile court, in a disposition hearing under Section
14151415 54.04, shall:
14161416 (1) order the office [Department] of the secretary of
14171417 state [Public Safety] to suspend a child's driver's license or
14181418 permit, or if the child does not have a license or permit, to deny
14191419 the issuance of a license or permit to the child if the court finds
14201420 that the child has engaged in conduct that:
14211421 (A) violates a law of this state enumerated in
14221422 Section 521.342(a), Transportation Code; or
14231423 (B) violates a penal law of this state or the
14241424 United States, an element or elements of which involve a severe form
14251425 of trafficking in persons, as defined by 22 U.S.C. Section 7102; or
14261426 (2) notify the office [Department] of the secretary of
14271427 state [Public Safety] of the adjudication, if the court finds that
14281428 the child has engaged in conduct that violates a law of this state
14291429 enumerated in Section 521.372(a), Transportation Code.
14301430 (b) A juvenile court, in a disposition hearing under Section
14311431 54.04, may order the office [Department] of the secretary of state
14321432 [Public Safety] to suspend a child's driver's license or permit or,
14331433 if the child does not have a license or permit, to deny the issuance
14341434 of a license or permit to the child, if the court finds that the
14351435 child has engaged in conduct that violates Section 28.08, Penal
14361436 Code.
14371437 (f) A juvenile court, in a disposition hearing under Section
14381438 54.04, may order the office [Department] of the secretary of state
14391439 [Public Safety] to suspend a child's driver's license or permit or,
14401440 if the child does not have a license or permit, to deny the issuance
14411441 of a license or permit to the child for a period not to exceed 12
14421442 months if the court finds that the child has engaged in conduct in
14431443 need of supervision or delinquent conduct other than the conduct
14441444 described by Subsection (a).
14451445 (g) A juvenile court that places a child on probation under
14461446 Section 54.04 may require as a reasonable condition of the
14471447 probation that if the child violates the probation, the court may
14481448 order the office [Department] of the secretary of state [Public
14491449 Safety] to suspend the child's driver's license or permit or, if the
14501450 child does not have a license or permit, to deny the issuance of a
14511451 license or permit to the child for a period not to exceed 12 months.
14521452 The court may make this order if a child that is on probation under
14531453 this condition violates the probation. A suspension under this
14541454 subsection is cumulative of any other suspension under this
14551455 section.
14561456 SECTION 72. Section 54.0482(c), Family Code, is amended to
14571457 read as follows:
14581458 (c) On or before the fifth anniversary of the date the
14591459 juvenile probation department receives a payment for a victim that
14601460 is not claimed by the victim, the department shall make and document
14611461 a good faith effort to locate and notify the victim that an
14621462 unclaimed payment exists, including:
14631463 (1) confirming, if possible, the victim's most recent
14641464 address with the office [Department] of the secretary of state
14651465 [Public Safety]; and
14661466 (2) making at least one additional certified mailing
14671467 to the victim.
14681468 SECTION 73. Section 65.103(c), Family Code, is amended to
14691469 read as follows:
14701470 (c) In addition to any other order authorized by this
14711471 section, a truancy court may order the office [Department] of the
14721472 secretary of state [Public Safety] to suspend the driver's license
14731473 or permit of a child who has been found to have engaged in truant
14741474 conduct. If the child does not have a driver's license or permit,
14751475 the court may order the office [Department] of the secretary of
14761476 state [Public Safety] to deny the issuance of a license or permit to
14771477 the child. The period of the license or permit suspension or the
14781478 order that the issuance of a license or permit be denied may not
14791479 extend beyond the maximum time period that a remedial order is
14801480 effective as provided by Section 65.104.
14811481 SECTION 74. Section 65.251(a), Family Code, is amended to
14821482 read as follows:
14831483 (a) If a child fails to obey an order issued by a truancy
14841484 court under Section 65.103(a) or a child is in direct contempt of
14851485 court, the truancy court, after providing notice and an opportunity
14861486 for a hearing, may hold the child in contempt of court and order
14871487 either or both of the following:
14881488 (1) that the child pay a fine not to exceed $100; or
14891489 (2) that the office [Department] of the secretary of
14901490 state [Public Safety] suspend the child's driver's license or
14911491 permit or, if the child does not have a license or permit, order
14921492 that the office [Department] of the secretary of state [Public
14931493 Safety] deny the issuance of a license or permit to the child until
14941494 the child fully complies with the court's orders.
14951495 SECTION 75. Section 203.007(b), Family Code, is amended to
14961496 read as follows:
14971497 (b) A domestic relations office is entitled to obtain from
14981498 the office of the secretary of state and the Department of Public
14991499 Safety records that relate to:
15001500 (1) a person's date of birth;
15011501 (2) a person's most recent address;
15021502 (3) a person's current driver's license status;
15031503 (4) motor vehicle accidents involving a person;
15041504 (5) reported traffic-law violations of which a person
15051505 has been convicted; and
15061506 (6) a person's criminal history record information.
15071507 SECTION 76. Section 264.1213, Family Code, is amended to
15081508 read as follows:
15091509 Sec. 264.1213. RECORDS AND DOCUMENTS FOR CHILDREN AGING OUT
15101510 OF FOSTER CARE. The department in cooperation with volunteer
15111511 advocates from a charitable organization described by Subchapter C,
15121512 Chapter 107, and the office [Department] of the secretary of state
15131513 [Public Safety] shall develop procedures to ensure that a foster
15141514 child obtains a driver's license or personal identification card
15151515 before the child leaves the conservatorship of the department.
15161516 SECTION 77. Section 277.002(a), Finance Code, is amended to
15171517 read as follows:
15181518 (a) A financial institution shall require, as a condition of
15191519 opening or maintaining a business checking account, that the
15201520 applicant or account holder provide:
15211521 (1) if the business is a sole proprietorship:
15221522 (A) the name of the business owner;
15231523 (B) the physical address of the business;
15241524 (C) the home address of the business owner; and
15251525 (D) the driver's license number of the business
15261526 owner or the personal identification card number issued to the
15271527 business owner by the office [Department] of the secretary of state
15281528 [Public Safety]; or
15291529 (2) if the business is a corporation or other legal
15301530 entity, a copy of the business's certificate of incorporation or a
15311531 comparable document and an assumed name certificate, if any.
15321532 SECTION 78. Sections 62.001(a), (f), (g), (h), and (i),
15331533 Government Code, are amended to read as follows:
15341534 (a) The jury wheel must be reconstituted by using, as the
15351535 source:
15361536 (1) the names of all persons on the current voter
15371537 registration lists from all the precincts in the county; and
15381538 (2) all names on the [a] current list created [to be
15391539 furnished] by the office [Department] of the secretary of state
15401540 under Subsection (f) [Public Safety], showing the citizens of the
15411541 county who:
15421542 (A) hold a valid Texas driver's license or a
15431543 valid personal identification card or certificate issued by the
15441544 office [department]; and
15451545 (B) are not disqualified from jury service under
15461546 Section 62.102(1), (2), or (7).
15471547 (f) The office [Department] of the secretary of state
15481548 [Public Safety] shall create [furnish] a list from the office's
15491549 driver's license database [to the secretary of state] that shows
15501550 the names required under Subsection (a)(2) and that contains any of
15511551 the information enumerated in Subsection (c) that is available to
15521552 the office [department], including citizenship status and county of
15531553 residence. The list shall exclude the names of convicted felons,
15541554 persons who are not citizens of the United States, persons residing
15551555 outside the county, and the duplicate name of any registrant. The
15561556 office [department] shall create [furnish] the list [to the
15571557 secretary of state] on or before the first Monday in October of each
15581558 year.
15591559 (g) [The secretary of state shall accept the lists furnished
15601560 as provided by Subsections (c) through (f).] The secretary of state
15611561 shall combine the list furnished as provided by Subsections (c)
15621562 through (e) and the list created under Subsection (f) [lists],
15631563 eliminate duplicate names, and send the combined list to each
15641564 county on or before December 31 of each year or as may be required
15651565 under a plan developed in accordance with Section 62.011. The
15661566 district clerk or bailiff designated as the officer in charge of the
15671567 jury selection process for a county that has adopted a plan under
15681568 Section 62.011 shall give the secretary of state notice not later
15691569 than the 90th day before the date the list is required. The list
15701570 furnished the county must be in a format, electronic or printed
15711571 copy, as requested by the county and must be certified by the
15721572 secretary of state stating that the list contains the names
15731573 required by Subsections (c) through (f), eliminating duplications.
15741574 The secretary of state shall furnish the list free of charge.
15751575 (h) If the secretary of state is unable to furnish the list
15761576 as provided in this section because of the failure of the voter
15771577 registrar to furnish the county voter registration list to the
15781578 secretary of state, the county tax assessor-collector, sheriff,
15791579 county clerk, and district clerk in the county shall meet at the
15801580 county courthouse between January 1 and January 15 of the following
15811581 year and shall reconstitute the jury wheel for the county, except as
15821582 provided under a plan adopted under Section 62.011. The deadlines
15831583 included in the plan control for preparing the list and
15841584 reconstituting the wheel. The secretary of state shall send the
15851585 list created under [furnished by the Department of Public Safety as
15861586 provided by] Subsection (f) to the voter registrar, who shall
15871587 combine the lists as described in this section for use as the juror
15881588 source and certify the combined list as required of the secretary of
15891589 state under Subsection (g).
15901590 (i) The commissioners court may, instead of using the method
15911591 provided by Subsections (c) through (h), contract with another
15921592 governmental unit or a private person to combine the voter
15931593 registration list with the list created [furnished] by the office
15941594 of the secretary of state under Subsection (f) [Department of
15951595 Public Safety]. Subsections (c) through (h) do not apply to a
15961596 county in which the commissioners court has contracted with another
15971597 governmental unit or a private person under this subsection. The
15981598 office of the secretary [Department] of state [Public Safety] may
15991599 not charge a fee for furnishing a list under this subsection. Each
16001600 list must contain the name, date of birth, address, county of
16011601 residence, and citizenship status of each person listed. If
16021602 practical, each list must contain any other information useful in
16031603 determining if the person is qualified to serve as a juror.
16041604 SECTION 79. Section 72.016, Government Code, is amended to
16051605 read as follows:
16061606 Sec. 72.016. NOTIFICATION PROCEDURE FOR JUDICIAL PRIVACY.
16071607 The director shall develop a procedure to regularly notify county
16081608 registrars, the office [Department] of the secretary of state
16091609 [Public Safety], the Texas Ethics Commission, and any other state
16101610 agency the office determines should be notified of the judges,
16111611 judges' spouses, and related family members whose personal
16121612 information must be kept from public records, as provided under
16131613 Sections 552.117 and 572.035 of this code, Sections 13.0021 and
16141614 15.0215, Election Code, and Section 521.121, Transportation Code.
16151615 SECTION 80. Section 411.0111, Government Code, is
16161616 transferred to Subchapter B, Chapter 405, Government Code,
16171617 redesignated as Section 405.024, Government Code, and amended to
16181618 read as follows:
16191619 Sec. 405.024 [411.0111]. PROVISION OF CERTAIN INFORMATION
16201620 TO COMPTROLLER. (a) Not later than June 1 of every fifth year, the
16211621 office of the secretary of state [department] shall provide to the
16221622 comptroller, for the purpose of assisting the comptroller in the
16231623 identification of persons entitled to unclaimed property reported
16241624 to the comptroller, the name, address, social security number, date
16251625 of birth, and driver's license or state identification number of
16261626 each person about whom the office of the secretary of state
16271627 [department] has such information in its records.
16281628 (b) Information provided to the comptroller under this
16291629 section is confidential and may not be disclosed to the public.
16301630 (c) The office of the secretary of state [department] shall
16311631 provide the information in the format prescribed by rule of the
16321632 comptroller.
16331633 SECTION 81. Section 411.082(2), Government Code, is amended
16341634 to read as follows:
16351635 (2) "Criminal history record information" means
16361636 information collected about a person by a criminal justice agency
16371637 that consists of identifiable descriptions and notations of
16381638 arrests, detentions, indictments, informations, and other formal
16391639 criminal charges and their dispositions. The term does not
16401640 include:
16411641 (A) identification information, including
16421642 fingerprint records, to the extent that the identification
16431643 information does not indicate involvement of the person in the
16441644 criminal justice system; or
16451645 (B) driving record information maintained by the
16461646 office of the secretary of state [department] under Subchapter C,
16471647 Chapter 521, Transportation Code.
16481648 SECTION 82. Section 411.174(b), Government Code, is amended
16491649 to read as follows:
16501650 (b) An applicant must provide on the application a statement
16511651 of the applicant's:
16521652 (1) full name and place and date of birth;
16531653 (2) race and sex;
16541654 (3) residence and business addresses for the preceding
16551655 five years;
16561656 (4) hair and eye color;
16571657 (5) height and weight;
16581658 (6) driver's license number or identification
16591659 certificate number issued by the office of the secretary of state
16601660 [department];
16611661 (7) criminal history record information of the type
16621662 maintained by the department under this chapter, including a list
16631663 of offenses for which the applicant was arrested, charged, or under
16641664 an information or indictment and the disposition of the offenses;
16651665 and
16661666 (8) history, if any, of treatment received by,
16671667 commitment to, or residence in:
16681668 (A) a drug or alcohol treatment center licensed
16691669 to provide drug or alcohol treatment under the laws of this state or
16701670 another state, but only if the treatment, commitment, or residence
16711671 occurred during the preceding five years; or
16721672 (B) a psychiatric hospital.
16731673 SECTION 83. Section 411.179(a), Government Code, is amended
16741674 to read as follows:
16751675 (a) The department by rule shall adopt the form of the
16761676 license. A license must include:
16771677 (1) a number assigned to the license holder by the
16781678 department;
16791679 (2) a statement of the period for which the license is
16801680 effective;
16811681 (3) a photograph of the license holder;
16821682 (4) the license holder's full name, date of birth, hair
16831683 and eye color, height, weight, and signature;
16841684 (5) the license holder's residence address or, as
16851685 provided by Subsection (d), the street address of the courthouse in
16861686 which the license holder or license holder's spouse serves as a
16871687 federal judge or the license holder serves as a state judge;
16881688 (6) the number of a driver's license or an
16891689 identification certificate issued to the license holder by the
16901690 office of the secretary of state [department]; and
16911691 (7) the designation "VETERAN" if required under
16921692 Subsection (e).
16931693 SECTION 84. Section 411.205, Government Code, is amended to
16941694 read as follows:
16951695 Sec. 411.205. REQUIREMENT TO DISPLAY LICENSE. If a license
16961696 holder is carrying a handgun on or about the license holder's person
16971697 when a magistrate or a peace officer demands that the license holder
16981698 display identification, the license holder shall display both the
16991699 license holder's driver's license or identification certificate
17001700 issued by the office of the secretary of state [department] and the
17011701 license holder's handgun license.
17021702 SECTION 85. Sections 501.0165(a), (c), and (d), Government
17031703 Code, are amended to read as follows:
17041704 (a) Before discharging an inmate or releasing an inmate on
17051705 parole, mandatory supervision, or conditional pardon, the
17061706 department shall:
17071707 (1) determine whether the inmate has:
17081708 (A) a valid license issued under Chapter 521 or
17091709 522, Transportation Code; or
17101710 (B) a valid personal identification certificate
17111711 issued under Chapter 521, Transportation Code; and
17121712 (2) if the inmate does not have a valid license or
17131713 certificate described by Subdivision (1), submit to the office
17141714 [Department] of the secretary of state [Public Safety] on behalf of
17151715 the inmate a request for the issuance of a personal identification
17161716 certificate under Chapter 521, Transportation Code.
17171717 (c) The department, the office [Department] of the
17181718 secretary of state [Public Safety], and the bureau of vital
17191719 statistics of the Department of State Health Services shall by rule
17201720 adopt a memorandum of understanding that establishes their
17211721 respective responsibilities with respect to the issuance of a
17221722 personal identification certificate to an inmate, including
17231723 responsibilities related to verification of the inmate's identity.
17241724 The memorandum of understanding must require the Department of
17251725 State Health Services to electronically verify the birth record of
17261726 an inmate whose name and any other personal information is provided
17271727 by the department and to electronically report the recorded filing
17281728 information to the office [Department] of the secretary of state
17291729 [Public Safety] to validate the identity of an inmate under this
17301730 section.
17311731 (d) The department shall reimburse the office [Department]
17321732 of the secretary of state [Public Safety] or the Department of State
17331733 Health Services for the actual costs incurred by those agencies in
17341734 performing responsibilities established under this section. The
17351735 department may charge an inmate for the actual costs incurred under
17361736 this section or the fees required by Section 521.421,
17371737 Transportation Code.
17381738 SECTION 86. Section 509.004(a), Government Code, is amended
17391739 to read as follows:
17401740 (a) The division shall require each department to:
17411741 (1) keep financial and statistical records determined
17421742 necessary by the division;
17431743 (2) submit a strategic plan and all supporting
17441744 information requested by the division;
17451745 (3) present data requested by the division as
17461746 necessary to determine the amount of state aid for which the
17471747 department is eligible;
17481748 (4) submit periodic financial audits and statistical
17491749 reports to the division; and
17501750 (5) submit to the office [Department] of the secretary
17511751 of state [Public Safety] the full name, address, date of birth,
17521752 social security number, and driver's license number of each person
17531753 restricted to the operation of a motor vehicle equipped with a
17541754 device that uses a deep-lung breath analysis mechanism to make
17551755 impractical the operation of the motor vehicle if ethyl alcohol is
17561756 detected in the breath of the restricted operator.
17571757 SECTION 87. Sections 531.02414(e) and (g), Government Code,
17581758 are amended to read as follows:
17591759 (e) The executive commissioner shall adopt rules to ensure
17601760 the safe and efficient provision of nonemergency transportation
17611761 services under this section. The rules must include:
17621762 (1) minimum standards regarding the physical
17631763 condition and maintenance of motor vehicles used to provide the
17641764 services, including standards regarding the accessibility of motor
17651765 vehicles by persons with disabilities;
17661766 (2) a requirement that a regional contracted broker
17671767 verify that each motor vehicle operator providing the services or
17681768 seeking to provide the services has a valid driver's license;
17691769 (3) a requirement that a regional contracted broker
17701770 check the driving record information maintained by the office
17711771 [Department] of the secretary of state [Public Safety] under
17721772 Subchapter C, Chapter 521, Transportation Code, of each motor
17731773 vehicle operator providing the services or seeking to provide the
17741774 services;
17751775 (4) a requirement that a regional contracted broker
17761776 check the public criminal record information maintained by the
17771777 Department of Public Safety and made available to the public
17781778 through the department's Internet website of each motor vehicle
17791779 operator providing the services or seeking to provide the services;
17801780 and
17811781 (5) training requirements for motor vehicle operators
17821782 providing the services through a regional contracted broker,
17831783 including training on the following topics:
17841784 (A) passenger safety;
17851785 (B) passenger assistance;
17861786 (C) assistive devices, including wheelchair
17871787 lifts, tie-down equipment, and child safety seats;
17881788 (D) sensitivity and diversity;
17891789 (E) customer service;
17901790 (F) defensive driving techniques; and
17911791 (G) prohibited behavior by motor vehicle
17921792 operators.
17931793 (g) The commission shall enter into a memorandum of
17941794 understanding with the Texas Department of Motor Vehicles and the
17951795 office of the secretary of state [Department of Public Safety] for
17961796 purposes of obtaining the motor vehicle registration and driver's
17971797 license information of a provider of medical transportation
17981798 services, including a regional contracted broker and a
17991799 subcontractor of the broker, to confirm that the provider complies
18001800 with applicable requirements adopted under Subsection (e).
18011801 SECTION 88. Section 531.1533, Government Code, is amended
18021802 to read as follows:
18031803 Sec. 531.1533. REQUIREMENTS ON ADMISSIONS OF CHILDREN TO
18041804 CERTAIN INSTITUTIONS. On the admission of a child to an institution
18051805 described by Section 531.151(3)(A), (B), or (D), the Department of
18061806 Aging and Disability Services shall require the child's parent or
18071807 guardian to submit:
18081808 (1) an admission form that includes:
18091809 (A) the parent's or guardian's:
18101810 (i) name, address, and telephone number;
18111811 (ii) driver's license number and state of
18121812 issuance or personal identification card number issued by the
18131813 office [Department] of the secretary of state [Public Safety]; and
18141814 (iii) place of employment and the
18151815 employer's address and telephone number; and
18161816 (B) the name, address, and telephone number of a
18171817 relative of the child or other person whom the department or
18181818 institution may contact in an emergency, a statement indicating the
18191819 relation between that person and the child, and at the parent's or
18201820 guardian's option, that person's:
18211821 (i) driver's license number and state of
18221822 issuance or personal identification card number issued by the
18231823 office [Department] of the secretary of state [Public Safety]; and
18241824 (ii) the name, address, and telephone
18251825 number of that person's employer; and
18261826 (2) a signed acknowledgment of responsibility stating
18271827 that the parent or guardian agrees to:
18281828 (A) notify the institution in which the child is
18291829 placed of any changes to the information submitted under
18301830 Subdivision (1)(A); and
18311831 (B) make reasonable efforts to participate in the
18321832 child's life and in planning activities for the child.
18331833 SECTION 89. Section 533.00258(f), Government Code, is
18341834 amended to read as follows:
18351835 (f) The rules may not permit a motor vehicle operator to
18361836 provide nonmedical transportation services if the operator:
18371837 (1) has been convicted in the three-year period
18381838 preceding the issue date of the driving record obtained under
18391839 Subsection (e)(4) of:
18401840 (A) more than three offenses classified by the
18411841 office [Department] of the secretary of state [Public Safety] as
18421842 moving violations; or
18431843 (B) one or more of the following offenses:
18441844 (i) fleeing or attempting to elude a police
18451845 officer under Section 545.421, Transportation Code;
18461846 (ii) reckless driving under Section
18471847 545.401, Transportation Code;
18481848 (iii) driving without a valid driver's
18491849 license under Section 521.025, Transportation Code; or
18501850 (iv) driving with an invalid driver's
18511851 license under Section 521.457, Transportation Code;
18521852 (2) has been convicted in the preceding seven-year
18531853 period of any of the following:
18541854 (A) driving while intoxicated under Section
18551855 49.04 or 49.045, Penal Code;
18561856 (B) use of a motor vehicle to commit a felony;
18571857 (C) a felony crime involving property damage;
18581858 (D) fraud;
18591859 (E) theft;
18601860 (F) an act of violence; or
18611861 (G) an act of terrorism; or
18621862 (3) is found to be registered in the national sex
18631863 offender public website maintained by the United States Department
18641864 of Justice or a successor agency.
18651865 SECTION 90. Section 555.003, Government Code, is amended to
18661866 read as follows:
18671867 Sec. 555.003. EXCEPTION. This chapter does not apply to
18681868 files that relate to drivers of motor vehicles and that are
18691869 maintained by the office [Department] of the secretary of state
18701870 [Public Safety] under Subchapter C, Chapter 521, Transportation
18711871 Code.
18721872 SECTION 91. Section 12.013(b), Health and Safety Code, is
18731873 amended to read as follows:
18741874 (b) Based on the studies and investigations, the department
18751875 periodically shall recommend to the Department of Public Safety and
18761876 the office of the secretary of state appropriate policies,
18771877 standards, and procedures relating to those medical aspects.
18781878 SECTION 92. Section 12.092(b), Health and Safety Code, is
18791879 amended to read as follows:
18801880 (b) The medical advisory board shall assist:
18811881 (1) the office [Department] of the secretary of state
18821882 [Public Safety of the State of Texas] in determining whether[:
18831883 [(1)] an applicant for a driver's license or a license
18841884 holder is capable of safely operating a motor vehicle; and [or]
18851885 (2) the Department of Public Safety in determining
18861886 whether an applicant for or holder of a license to carry a handgun
18871887 under the authority of Subchapter H, Chapter 411, Government Code,
18881888 or an applicant for or holder of a commission as a security officer
18891889 under Chapter 1702, Occupations Code, is capable of exercising
18901890 sound judgment with respect to the proper use and storage of a
18911891 handgun.
18921892 SECTION 93. Sections 12.095(a) and (c), Health and Safety
18931893 Code, are amended to read as follows:
18941894 (a) If the Department of Public Safety of the State of Texas
18951895 or the office of the secretary of state requests an opinion or
18961896 recommendation from the medical advisory board as to the ability of
18971897 an applicant or license holder to operate a motor vehicle safely or
18981898 to exercise sound judgment with respect to the proper use and
18991899 storage of a handgun, the commissioner or a person designated by the
19001900 commissioner shall convene a panel to consider the case or question
19011901 submitted by that department or office.
19021902 (c) Each panel member shall prepare an individual
19031903 independent written report for the Department of Public Safety of
19041904 the State of Texas or the office of the secretary of state, as
19051905 appropriate, that states the member's opinion as to the ability of
19061906 the applicant or license holder to operate a motor vehicle safely or
19071907 to exercise sound judgment with respect to the proper use and
19081908 storage of a handgun, as appropriate. In the report the panel
19091909 member may also make recommendations relating to that department's
19101910 or office's subsequent action.
19111911 SECTION 94. Section 12.096(a), Health and Safety Code, is
19121912 amended to read as follows:
19131913 (a) A physician licensed to practice medicine in this state
19141914 may inform the Department of Public Safety of the State of Texas,
19151915 the office of the secretary of state, or the medical advisory board,
19161916 orally or in writing, of the name, date of birth, and address of a
19171917 patient older than 15 years of age whom the physician has diagnosed
19181918 as having a disorder or disability specified in a rule of the
19191919 Department of Public Safety of the State of Texas or the office of
19201920 the secretary of state.
19211921 SECTION 95. Section 12.097, Health and Safety Code, is
19221922 amended to read as follows:
19231923 Sec. 12.097. CONFIDENTIALITY REQUIREMENTS. (a) All
19241924 records, reports, and testimony relating to the medical condition
19251925 of an applicant or license holder:
19261926 (1) are for the confidential use of the medical
19271927 advisory board, a panel, the office of the secretary of state, or
19281928 the Department of Public Safety of the State of Texas;
19291929 (2) are privileged information; and
19301930 (3) may not be disclosed to any person or used as
19311931 evidence in a trial except as provided by Subsection (b).
19321932 (b) In a subsequent proceeding under Subchapter H, Chapter
19331933 411, Government Code, or Subchapter N, Chapter 521, Transportation
19341934 Code, the department may provide a copy of the report of the medical
19351935 advisory board or panel and a medical record or report relating to
19361936 an applicant or license holder to:
19371937 (1) the Department of Public Safety of the State of
19381938 Texas or the office of the secretary of state, as appropriate;
19391939 (2) the applicant or license holder; and
19401940 (3) the officer who presides at the hearing.
19411941 SECTION 96. Section 81.011, Health and Safety Code, is
19421942 amended to read as follows:
19431943 Sec. 81.011. REQUEST FOR INFORMATION. In times of
19441944 emergency or epidemic declared by the commissioner, the department
19451945 is authorized to request information pertaining to names, dates of
19461946 birth, and most recent addresses of individuals from the driver's
19471947 license records of the office [Department] of the secretary of
19481948 state [Public Safety] for the purpose of notification to
19491949 individuals of the need to receive certain immunizations or
19501950 diagnostic, evaluation, or treatment services for suspected
19511951 communicable diseases.
19521952 SECTION 97. Section 191.010, Health and Safety Code, is
19531953 amended to read as follows:
19541954 Sec. 191.010. DEATH INFORMATION FOR OFFICE OF SECRETARY
19551955 [DEPARTMENT] OF STATE [PUBLIC SAFETY]. (a) The department shall
19561956 implement an efficient and effective method to verify death
19571957 information to assist the office [Department] of the secretary of
19581958 state [Public Safety] with maintaining records of holders of
19591959 driver's licenses and personal identification certificates in this
19601960 state.
19611961 (b) The department shall enter into a memorandum of
19621962 understanding with the office [Department] of the secretary of
19631963 state [Public Safety] to implement this section. The memorandum of
19641964 understanding must include a mechanism for the department to
19651965 provide to the office [Department] of the secretary of state
19661966 [Public Safety] death information that includes unique
19671967 identifiers, including social security numbers, necessary to
19681968 accurately match death records with driver's license and personal
19691969 identification certificate records.
19701970 SECTION 98. Section 481.077(d), Health and Safety Code, is
19711971 amended to read as follows:
19721972 (d) Before selling, transferring, or otherwise furnishing
19731973 to a person in this state a chemical precursor subject to Subsection
19741974 (a), a manufacturer, wholesaler, retailer, or other person shall:
19751975 (1) if the recipient does not represent a business,
19761976 obtain from the recipient:
19771977 (A) the recipient's driver's license number or
19781978 other personal identification certificate number, date of birth,
19791979 and residential or mailing address, other than a post office box
19801980 number, from a driver's license or personal identification
19811981 certificate issued by the office of the secretary of state
19821982 [department] that contains a photograph of the recipient;
19831983 (B) the year, state, and number of the motor
19841984 vehicle license of the motor vehicle owned or operated by the
19851985 recipient;
19861986 (C) a complete description of how the chemical
19871987 precursor is to be used; and
19881988 (D) the recipient's signature; or
19891989 (2) if the recipient represents a business, obtain
19901990 from the recipient:
19911991 (A) a letter of authorization from the business
19921992 that includes the business license or comptroller tax
19931993 identification number, address, area code, and telephone number and
19941994 a complete description of how the chemical precursor is to be used;
19951995 and
19961996 (B) the recipient's signature; and
19971997 (3) for any recipient, sign as a witness to the
19981998 signature and identification of the recipient.
19991999 SECTION 99. Section 481.080(e), Health and Safety Code, is
20002000 amended to read as follows:
20012001 (e) Before selling, transferring, or otherwise furnishing
20022002 to a person in this state a chemical laboratory apparatus subject to
20032003 Subsection (a), a manufacturer, wholesaler, retailer, or other
20042004 person shall:
20052005 (1) if the recipient does not represent a business,
20062006 obtain from the recipient:
20072007 (A) the recipient's driver's license number or
20082008 other personal identification certificate number, date of birth,
20092009 and residential or mailing address, other than a post office box
20102010 number, from a driver's license or personal identification
20112011 certificate issued by the office of the secretary of state
20122012 [department] that contains a photograph of the recipient;
20132013 (B) the year, state, and number of the motor
20142014 vehicle license of the motor vehicle owned or operated by the
20152015 recipient;
20162016 (C) a complete description of how the apparatus
20172017 is to be used; and
20182018 (D) the recipient's signature; or
20192019 (2) if the recipient represents a business, obtain
20202020 from the recipient:
20212021 (A) a letter of authorization from the business
20222022 that includes the business license or comptroller tax
20232023 identification number, address, area code, and telephone number and
20242024 a complete description of how the apparatus is to be used; and
20252025 (B) the recipient's signature; and
20262026 (3) for any recipient, sign as a witness to the
20272027 signature and identification of the recipient.
20282028 SECTION 100. Section 485.032(c), Health and Safety Code, is
20292029 amended to read as follows:
20302030 (c) It is an affirmative defense to prosecution under this
20312031 section that:
20322032 (1) the person making the delivery is an adult having
20332033 supervisory responsibility over the person younger than 18 years of
20342034 age and:
20352035 (A) the adult permits the use of the abusable
20362036 volatile chemical only under the adult's direct supervision and in
20372037 the adult's presence and only for its intended purpose; and
20382038 (B) the adult removes the chemical from the
20392039 person younger than 18 years of age on completion of that use; or
20402040 (2) the person to whom the abusable volatile chemical
20412041 was delivered presented to the defendant an apparently valid Texas
20422042 driver's license or an identification certificate, issued by the
20432043 office [Department] of the secretary of state [Public Safety of the
20442044 State of Texas] and containing a physical description consistent
20452045 with the person's appearance, that purported to establish that the
20462046 person was 18 years of age or older.
20472047 SECTION 101. Sections 692A.002(11) and (15), Health and
20482048 Safety Code, are amended to read as follows:
20492049 (11) "Driver's license" means a license or permit
20502050 issued by the office [Department] of the secretary of state [Public
20512051 Safety] to operate a vehicle, whether or not conditions are
20522052 attached to the license or permit.
20532053 (15) "Identification card" means an identification
20542054 card issued by the office [Department] of the secretary of state
20552055 [Public Safety].
20562056 SECTION 102. Sections 692A.014(a) and (b), Health and
20572057 Safety Code, are amended to read as follows:
20582058 (a) When a hospital refers an individual at or near death to
20592059 a procurement organization, the organization shall make a
20602060 reasonable search of the records of the office [Department] of the
20612061 secretary of state [Public Safety] and any donor registry that it
20622062 knows exists for the geographical area in which the individual
20632063 resides to ascertain whether the individual has made an anatomical
20642064 gift.
20652065 (b) A procurement organization must be allowed reasonable
20662066 access to information in the records of the office [Department] of
20672067 the secretary of state [Public Safety] to ascertain whether an
20682068 individual at or near death is a donor.
20692069 SECTION 103. Sections 692A.020(a), (d), (e), (f), (g), (h),
20702070 (i), and (m), Health and Safety Code, are amended to read as
20712071 follows:
20722072 (a) A nonprofit organization designated by the office
20732073 [Department] of the secretary of state [Public Safety] shall
20742074 maintain and administer a statewide donor registry, to be known as
20752075 the Glenda Dawson Donate Life-Texas Registry.
20762076 (d) The office [Department] of the secretary of state
20772077 [Public Safety] at least monthly shall electronically transfer to
20782078 the nonprofit organization administering the registry the name,
20792079 date of birth, driver's license number, most recent address, and
20802080 any other relevant information in the possession of the office
20812081 [Department] of the secretary of state [Public Safety] for any
20822082 person who indicates on the person's driver's license application
20832083 under Section 521.401, Transportation Code, that the person would
20842084 like to make an anatomical gift.
20852085 (e) The nonprofit organization administering the registry
20862086 shall:
20872087 (1) make information obtained from the office
20882088 [Department] of the secretary of state [Public Safety] under
20892089 Subsection (d) available to procurement organizations;
20902090 (2) allow potential donors to submit information in
20912091 writing directly to the organization for inclusion in the
20922092 Internet-based registry;
20932093 (3) maintain the Internet-based registry in a manner
20942094 that allows procurement organizations to immediately access organ,
20952095 tissue, and eye donation information 24 hours a day, seven days a
20962096 week through electronic and telephonic methods; and
20972097 (4) protect the confidentiality and privacy of the
20982098 individuals providing information to the Internet-based registry,
20992099 regardless of the manner in which the information is provided.
21002100 (f) Except as otherwise provided by Subsection (e)(3) or
21012101 this subsection, the office [Department] of the secretary of state
21022102 [Public Safety], the nonprofit organization administering the
21032103 registry, or a procurement organization may not sell, rent, or
21042104 otherwise share any information provided to the Internet-based
21052105 registry. A procurement organization may share any information
21062106 provided to the registry with an organ procurement organization or
21072107 a health care provider or facility providing medical care to a
21082108 potential donor as necessary to properly identify an individual at
21092109 the time of donation.
21102110 (g) The office [Department] of the secretary of state
21112111 [Public Safety], the nonprofit organization administering the
21122112 registry, or the procurement organizations may not use any
21132113 demographic or specific data provided to the Internet-based
21142114 registry for any fund-raising activities. Data may only be
21152115 transmitted from the selected organization to procurement
21162116 organizations through electronic and telephonic methods using
21172117 secure, encrypted technology to preserve the integrity of the data
21182118 and the privacy of the individuals providing information.
21192119 (h) In each office authorized to issue driver's licenses or
21202120 personal identification certificates, the office [Department] of
21212121 the secretary of state [Public Safety] shall make available
21222122 educational materials developed by the nonprofit organization
21232123 administering the registry.
21242124 (i) The Glenda Dawson Donate Life-Texas Registry fund is
21252125 created as a trust fund outside the state treasury to be held by the
21262126 comptroller and administered by the office [Department] of the
21272127 secretary of state [Public Safety] as trustee on behalf of the
21282128 statewide donor registry maintained for the benefit of the citizens
21292129 of this state. The fund is composed of money deposited to the
21302130 credit of the fund under Sections 502.405(b), 521.008, and
21312131 521.422(c), Transportation Code, as provided by those subsections.
21322132 Money in the fund shall be disbursed at least monthly, without
21332133 appropriation, to the nonprofit organization administering the
21342134 registry to pay the costs of:
21352135 (1) maintaining, operating, and updating the
21362136 Internet-based registry and establishing procedures for an
21372137 individual to be added to the registry;
21382138 (2) designing and distributing educational materials
21392139 for prospective donors as required under this section; and
21402140 (3) providing education under this chapter.
21412141 (m) The nonprofit organization administering the registry
21422142 may:
21432143 (1) implement a training program for all appropriate
21442144 office [Department] of the secretary of state [Public Safety] and
21452145 Texas Department of Transportation employees on the benefits of
21462146 organ, tissue, and eye donation and the procedures for individuals
21472147 to be added to the Internet-based registry; and
21482148 (2) conduct the training described by Subdivision (1)
21492149 on an ongoing basis for new employees.
21502150 SECTION 104. Section 841.0822, Health and Safety Code, is
21512151 amended to read as follows:
21522152 Sec. 841.0822. REQUIRED PROCEDURES BEFORE RELEASE FROM
21532153 SECURE CORRECTIONAL FACILITY. Before a committed person is
21542154 released from a secure correctional facility, the Texas Department
21552155 of Criminal Justice shall ensure that:
21562156 (1) the office [Department] of the secretary of state
21572157 [Public Safety] issues a personal identification card to the
21582158 person; and
21592159 (2) the person completes an application for the
21602160 following federal benefits, as appropriate, for which the person
21612161 may be eligible:
21622162 (A) social security benefits, including
21632163 disability benefits, administered by the United States Social
21642164 Security Administration; and
21652165 (B) veterans benefits administered by the United
21662166 States Department of Veterans Affairs.
21672167 SECTION 105. Sections 841.153(a), (c), and (d), Health and
21682168 Safety Code, are amended to read as follows:
21692169 (a) On the release of a committed person from a correctional
21702170 facility, secure correctional facility, or secure detention
21712171 facility, as those terms are defined by Section 841.151, the office
21722172 shall:
21732173 (1) determine whether the person has:
21742174 (A) a valid license issued under Chapter 521 or
21752175 522, Transportation Code; or
21762176 (B) a valid personal identification certificate
21772177 issued under Chapter 521, Transportation Code; and
21782178 (2) if the person does not have a valid license or
21792179 certificate described by Subdivision (1), submit to the office
21802180 [Department] of the secretary of state [Public Safety] on behalf of
21812181 the person a request for the issuance of a personal identification
21822182 certificate under Chapter 521, Transportation Code.
21832183 (c) The office, the office [Department] of the secretary of
21842184 state [Public Safety], and the vital statistics unit of the
21852185 Department of State Health Services by rule shall adopt a
21862186 memorandum of understanding that establishes their respective
21872187 responsibilities with respect to the issuance of a personal
21882188 identification certificate to a committed person, including
21892189 responsibilities related to verification of the person's identity.
21902190 The memorandum of understanding must require the Department of
21912191 State Health Services to electronically verify the birth record of
21922192 a committed person whose name and any other personal information is
21932193 provided by the office and to electronically report the recorded
21942194 filing information to the office [Department] of the secretary of
21952195 state [Public Safety] to validate the identity of a committed
21962196 person under this section.
21972197 (d) The office shall reimburse the office [Department] of
21982198 the secretary of state [Public Safety] or the Department of State
21992199 Health Services, as applicable, for the actual costs incurred by
22002200 those agencies in performing responsibilities established under
22012201 this section. The office may charge a committed person for the
22022202 actual costs incurred under this section or for the fees required by
22032203 Section 521.421, Transportation Code.
22042204 SECTION 106. Section 23.002, Human Resources Code, is
22052205 amended to read as follows:
22062206 Sec. 23.002. LICENSING AUTHORITIES SUBJECT TO CHAPTER. In
22072207 this chapter, "licensing authority" means:
22082208 (1) the Parks and Wildlife Department; and
22092209 (2) the office [Department] of the secretary of state
22102210 [Public Safety of the State of Texas].
22112211 SECTION 107. Section 133.124, Local Government Code, is
22122212 amended to read as follows:
22132213 Sec. 133.124. ALLOCATION OF FEES TO TRANSPORTATION
22142214 ADMINISTRATIVE FEE ACCOUNT. The transportation administrative fee
22152215 account is an account in the general revenue fund. The account
22162216 consists of money allocated to the account under Section
22172217 133.102(e). Money in the account may be appropriated only to the
22182218 office [Department] of the secretary of state [Public Safety] to
22192219 defray the administrative costs associated with implementing
22202220 Chapter 706, Transportation Code.
22212221 SECTION 108. Section 1805.051(d), Occupations Code, is
22222222 amended to read as follows:
22232223 (d) The list required by Subsection (c) must contain:
22242224 (1) the proposed seller's driver's license number or
22252225 office [Department] of the secretary of state [Public Safety]
22262226 identification card number, as recorded by the dealer on physical
22272227 presentation of the license or identification card by the seller;
22282228 (2) a complete and accurate description of each
22292229 business machine, including its serial number or other identifying
22302230 marks or symbols;
22312231 (3) the proposed seller's certification that the
22322232 information is true and complete; and
22332233 (4) if the business machine is delivered to the
22342234 secondhand dealer for sale or exchange at an auction, the make,
22352235 year, model, color, and registration number of the vehicle in which
22362236 the business machine is transported to the auction.
22372237 SECTION 109. Section 1805.052(b), Occupations Code, is
22382238 amended to read as follows:
22392239 (b) Except as provided by Section 1805.053, a report
22402240 required by this chapter must contain:
22412241 (1) the name and address of the seller of the business
22422242 machine;
22432243 (2) a complete and accurate description of the
22442244 business machine for which the report is made, including the serial
22452245 number or other identifying marks or symbols;
22462246 (3) the seller's certification that the information is
22472247 true and complete; and
22482248 (4) the seller's driver's license number or office
22492249 [Department] of the secretary of state [Public Safety]
22502250 identification card number, as recorded by the dealer on physical
22512251 presentation of the license or identification card by the seller.
22522252 SECTION 110. Section 1956.001(8), Occupations Code, is
22532253 amended to read as follows:
22542254 (8) "Personal identification document" means:
22552255 (A) a valid driver's license issued by a state in
22562256 the United States;
22572257 (B) a United States military identification
22582258 card; or
22592259 (C) a personal identification certificate issued
22602260 by the office of the secretary of state [department] under Section
22612261 521.101, Transportation Code, or a corresponding card or
22622262 certificate issued by another state.
22632263 SECTION 111. Section 1956.062(c), Occupations Code, is
22642264 amended to read as follows:
22652265 (c) The dealer shall record the proposed seller's driver's
22662266 license number or [department] personal identification certificate
22672267 number on physical presentation of the license or personal
22682268 identification certificate by the seller. The record must
22692269 accompany the list.
22702270 SECTION 112. Section 2033.017(f), Occupations Code, is
22712271 amended to read as follows:
22722272 (f) It is an affirmative defense to prosecution of an
22732273 offense under Subsection (a) that the minor falsely represented the
22742274 minor's age by displaying to the person an apparently valid Texas
22752275 driver's license or identification card issued by the office
22762276 [Department] of the secretary of state [Public Safety] that
22772277 contains a physical description consistent with the minor's
22782278 appearance.
22792279 SECTION 113. Section 2402.107(b), Occupations Code, is
22802280 amended to read as follows:
22812281 (b) A transportation network company may not permit an
22822282 individual to log in as a driver on the company's digital network if
22832283 the individual:
22842284 (1) has been convicted in the three-year period
22852285 preceding the issue date of the driving record obtained under
22862286 Subsection (a)(3) of:
22872287 (A) more than three offenses classified by the
22882288 office [Department] of the secretary of state [Public Safety] as
22892289 moving violations; or
22902290 (B) one or more of the following offenses:
22912291 (i) fleeing or attempting to elude a police
22922292 officer under Section 545.421, Transportation Code;
22932293 (ii) reckless driving under Section
22942294 545.401, Transportation Code;
22952295 (iii) driving without a valid driver's
22962296 license under Section 521.025, Transportation Code; or
22972297 (iv) driving with an invalid driver's
22982298 license under Section 521.457, Transportation Code;
22992299 (2) has been convicted in the preceding seven-year
23002300 period of any of the following:
23012301 (A) driving while intoxicated under Section
23022302 49.04 or 49.045, Penal Code;
23032303 (B) use of a motor vehicle to commit a felony;
23042304 (C) a felony crime involving property damage;
23052305 (D) fraud;
23062306 (E) theft;
23072307 (F) an act of violence; or
23082308 (G) an act of terrorism; or
23092309 (3) is found to be registered in the national sex
23102310 offender public website maintained by the United States Department
23112311 of Justice or a successor agency.
23122312 SECTION 114. Sections 11.43(f) and (m), Tax Code, are
23132313 amended to read as follows:
23142314 (f) The comptroller, in prescribing the contents of the
23152315 application form for each kind of exemption, shall ensure that the
23162316 form requires an applicant to furnish the information necessary to
23172317 determine the validity of the exemption claim. The form must
23182318 require an applicant to provide the applicant's name and driver's
23192319 license number, personal identification certificate number, or
23202320 social security account number. If the applicant is a charitable
23212321 organization with a federal tax identification number, the form
23222322 must allow the applicant to provide the organization's federal tax
23232323 identification number in lieu of a driver's license number,
23242324 personal identification certificate number, or social security
23252325 account number. The comptroller shall include on the forms a notice
23262326 of the penalties prescribed by Section 37.10, Penal Code, for
23272327 making or filing an application containing a false statement. The
23282328 comptroller shall include, on application forms for exemptions that
23292329 do not have to be claimed annually, a statement explaining that the
23302330 application need not be made annually and that if the exemption is
23312331 allowed, the applicant has a duty to notify the chief appraiser when
23322332 the applicant's entitlement to the exemption ends. In this
23332333 subsection:
23342334 (1) "Driver's license" has the meaning assigned that
23352335 term by Section 521.001, Transportation Code.
23362336 (2) "Personal identification certificate" means a
23372337 certificate issued by the office [Department] of the secretary of
23382338 state [Public Safety] under Subchapter E, Chapter 521,
23392339 Transportation Code.
23402340 (m) Notwithstanding Subsections (a) and (k), a person who
23412341 receives an exemption under Section 11.13, other than an exemption
23422342 under Section 11.13(c) or (d) for an individual 65 years of age or
23432343 older, in a tax year is entitled to receive an exemption under
23442344 Section 11.13(c) or (d) for an individual 65 years of age or older
23452345 in the next tax year on the same property without applying for the
23462346 exemption if the person becomes 65 years of age in that next year as
23472347 shown by:
23482348 (1) information in the records of the appraisal
23492349 district that was provided to the appraisal district by the
23502350 individual in an application for an exemption under Section 11.13
23512351 on the property or in correspondence relating to the property; or
23522352 (2) the information provided by the office [Texas
23532353 Department] of the secretary of state [Public Safety] to the
23542354 appraisal district under Section 521.049, Transportation Code.
23552355 SECTION 115. The following laws are repealed:
23562356 (1) Article 102.022(a), Code of Criminal Procedure;
23572357 (2) Section 20.066(b), Election Code; and
23582358 (3) Section 411.0085, Government Code.
23592359 SECTION 116. (a) This section applies to the following
23602360 duties of the office of the secretary of state, as transferred by
23612361 this Act:
23622362 (1) the issuance of driver's licenses under Chapters
23632363 521 and 522, Transportation Code;
23642364 (2) the issuance of personal identification
23652365 certificates under Chapter 521, Transportation Code;
23662366 (3) the issuance of election identification
23672367 certificates under Chapter 521A, Transportation Code; and
23682368 (4) the registration of voters during the issuance or
23692369 renewal of a driver's license or personal identification
23702370 certificate.
23712371 (b) The Department of Public Safety shall contract with an
23722372 institution of higher education, as defined by Section 61.003,
23732373 Education Code, to conduct a study on the most effective use of
23742374 available state and county resources, including personnel,
23752375 property, and technology resources potentially available through
23762376 the adoption of intergovernmental agreements, to perform the duties
23772377 described by Subsection (a) of this section, prioritizing:
23782378 (1) customer service satisfaction, including reducing
23792379 wait times for customers to be issued driver's licenses, personal
23802380 identification certificates, and election identification
23812381 certificates;
23822382 (2) accessibility for citizens of this state,
23832383 including citizens residing in rural areas of this state, to
23842384 facilities performing the duties described by Subsection (a) of
23852385 this section; and
23862386 (3) administrative efficiency and cost savings.
23872387 (c) Not later than September 1, 2021, the Department of
23882388 Public Safety shall begin the process of advertising or otherwise
23892389 soliciting bids, proposals, offers, or qualifications for a
23902390 contract with an institution of higher education, as defined by
23912391 Section 61.003, Education Code, to conduct the study required by
23922392 Subsection (b) of this section.
23932393 (d) Not later than March 1, 2022, the institution of higher
23942394 education with which the Department of Public Safety contracts
23952395 under Subsection (b) of this section shall submit to the department
23962396 and the office of the secretary of state a report on the results of
23972397 the study conducted under Subsection (b) of this section and any
23982398 recommendations based on the study.
23992399 (e) The Department of Public Safety, the office of the
24002400 secretary of state, and the county tax assessor-collectors in this
24012401 state shall assist and provide input in the study conducted under
24022402 Subsection (b) of this section.
24032403 SECTION 117. (a) Effective January 1, 2023, the powers and
24042404 duties of the Department of Public Safety with regard to driver's
24052405 licenses, personal identification certificates, and other
24062406 miscellaneous programs, powers, and duties are transferred to the
24072407 office of the secretary of state in accordance with this Act.
24082408 (b) Effective January 1, 2023, all rules of the Department
24092409 of Public Safety relating to driver's licenses, personal
24102410 identification certificates, and other miscellaneous programs,
24112411 powers, and duties are continued in effect as rules of the office of
24122412 the secretary of state until superseded by a rule of the office of
24132413 the secretary of state. A license or certification issued by the
24142414 Department of Public Safety relating to driver's licenses, personal
24152415 identification certificates, and other miscellaneous programs,
24162416 powers, and duties is continued in effect as provided by the law in
24172417 effect immediately before the effective date of this Act. A
24182418 complaint, investigation, contested case, or other proceeding
24192419 relating to driver's licenses, personal identification
24202420 certificates, and other miscellaneous programs, powers, and duties
24212421 that is pending on the effective date of this Act is continued
24222422 without change in status after the effective date of this Act. An
24232423 activity conducted by the Department of Public Safety relating to
24242424 driver's licenses, personal identification certificates, and other
24252425 miscellaneous programs, powers, and duties is considered to be an
24262426 activity conducted by the office of the secretary of state.
24272427 (c) On September 1, 2021, or as soon as is possible after
24282428 that date, the public safety director of the Department of Public
24292429 Safety shall adopt a comprehensive plan to ensure the smooth
24302430 transition of all programs operated by the Department of Public
24312431 Safety relating to driver's licenses, personal identification
24322432 certificates, and other miscellaneous programs, powers, and duties
24332433 before January 1, 2023, from the Department of Public Safety to the
24342434 office of the secretary of state.
24352435 (d) As soon as practicable after the Department of Public
24362436 Safety and the office of the secretary of state receive the report
24372437 on the study conducted under Section 116 of this Act, the Department
24382438 of Public Safety and the office of the secretary of state shall
24392439 establish a work group to evaluate and revise, if necessary, the
24402440 comprehensive plan under Subsection (c) of this section to reflect
24412441 the recommendations made in the report that would provide for the
24422442 smooth transition of the programs described by that subsection.
24432443 SECTION 118. Effective January 1, 2023:
24442444 (1) all money, contracts, leases, rights, property,
24452445 records, and bonds and other obligations of the Department of
24462446 Public Safety relating to driver's licenses, personal
24472447 identification certificates, and other miscellaneous programs,
24482448 powers, and duties are transferred to the office of the secretary of
24492449 state; and
24502450 (2) an employee of the Department of Public Safety
24512451 Driver License Division and any employee of the Department of
24522452 Public Safety who primarily performs duties related to a power or
24532453 duty transferred under this Act become employees of the office of
24542454 the secretary of state.
24552455 SECTION 119. (a) The unobligated and unexpended balance of
24562456 any appropriations made to the Department of Public Safety in
24572457 connection with or relating to driver's licenses, personal
24582458 identification certificates, or other programs, powers, or duties
24592459 transferred under this Act, for the state fiscal biennium ending
24602460 August 31, 2023, is transferred to the office of the secretary of
24612461 state for the purpose of implementing the powers, duties,
24622462 obligations, and rights of action transferred to that department
24632463 under this Act.
24642464 (b) The Department of Public Safety shall continue, as
24652465 necessary, to perform the duties and functions being transferred to
24662466 the office of the secretary of state until the transfer of agency
24672467 duties and functions is complete.
24682468 SECTION 120. (a) The secretary of state and the Public
24692469 Safety Commission shall enter into or revise a joint memorandum of
24702470 understanding to coordinate the office of the secretary of state's
24712471 and the Department of Public Safety's information systems to allow
24722472 for the sharing of information so that each entity may effectively
24732473 and efficiently perform the functions and duties assigned to it.
24742474 Neither the office of the secretary of state nor the Department of
24752475 Public Safety may impose or collect a fee or charge in connection
24762476 with the sharing of information under the joint memorandum of
24772477 understanding entered into or revised under this section.
24782478 (b) The office of the secretary of state and the Department
24792479 of Public Safety shall implement the joint memorandum of
24802480 understanding using existing personnel and resources.
24812481 (c) Otherwise confidential information shared under the
24822482 memorandum of understanding remains subject to the same
24832483 confidentiality requirements and legal restrictions on access to
24842484 the information that are imposed by law on the entity that
24852485 originally obtained or collected the information.
24862486 (d) Information may be shared under the memorandum of
24872487 understanding without the consent of the person who is the subject
24882488 of the information.
24892489 SECTION 121. (a) In addition to the memorandum of
24902490 understanding required by this Act, the secretary of state and the
24912491 Public Safety Commission may enter into or revise one or more other
24922492 joint memoranda of understanding necessary to effect the transfer
24932493 of the powers and duties of the Department of Public Safety to the
24942494 office of the secretary of state under this Act. A memorandum of
24952495 understanding may include an agreement for the provision of office
24962496 space, utilities, and other facility services; the need for
24972497 full-time equivalent positions of the Department of Public Safety
24982498 to provide support services in addition to the positions
24992499 transferred to the office of the secretary of state under this Act;
25002500 other support services; and the transfer of information technology
25012501 as necessary or appropriate to effect the transfer of the powers and
25022502 duties of the Department of Public Safety to the office of the
25032503 secretary of state.
25042504 (b) Subsections (b), (c), and (d) of Section 120 of this Act
25052505 apply to a memorandum of understanding entered into or revised
25062506 under Subsection (a) of this section.
25072507 SECTION 122. An employee of the office of the secretary of
25082508 state employed by the office before the effective date of this Act
25092509 may not be transferred to perform the duties described by Section
25102510 116(a) of this Act. Only full-time equivalent positions for which
25112511 the 87th Legislature made appropriations to the office for the
25122512 purpose of administering those duties in S.B. No. 1 (General
25132513 Appropriations Act) or similar legislation of the 87th Legislature,
25142514 Regular Session, 2021, may perform those duties.
25152515 SECTION 123. As soon as practicable after the effective
25162516 date of this Act, the secretary of state shall adopt rules as
25172517 necessary to implement Section 521.009, Transportation Code, as
25182518 amended by this Act.
25192519 SECTION 124. To the extent of any conflict, this Act
25202520 prevails over another Act of the 87th Legislature, Regular Session,
25212521 2021, relating to nonsubstantive additions to and corrections in
25222522 enacted codes.
25232523 SECTION 125. This Act takes effect immediately if it
25242524 receives a vote of two-thirds of all the members elected to each
25252525 house, as provided by Section 39, Article III, Texas Constitution.
25262526 If this Act does not receive the vote necessary for immediate
25272527 effect, this Act takes effect September 1, 2021.