Texas 2025 - 89th Regular

Texas Senate Bill SB2048 Compare Versions

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11 89R12650 MZM-D
22 By: Bettencourt S.B. No. 2048
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the assumption of the powers and duties relating to
1010 driver's licenses, personal identification certificates, and other
1111 related programs, powers, and duties by the Texas Department of
1212 Motor Vehicles.
1313 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1414 SECTION 1. Section 192.005, Transportation Code, is amended
1515 to read as follows:
1616 Sec. 192.005. RECORD OF COLLISION OR VIOLATION. If a person
1717 operating a railroad locomotive or train is involved in a collision
1818 with another train or a motor vehicle or is arrested for violation
1919 of a law relating to the person's operation of a railroad locomotive
2020 or train:
2121 (1) the number of or other identifying information on
2222 the person's driver's license or commercial driver's license may not
2323 be included in any report of the collision or violation; and
2424 (2) the person's involvement in the collision or
2525 violation may not be recorded in the person's individual driving
2626 record maintained by the Texas Department of Motor Vehicles [Public
2727 Safety].
2828 SECTION 2. Section 201.806(b), Transportation Code, is
2929 amended to read as follows:
3030 (b) The department shall provide electronic access to the
3131 system containing the collision reports so that the Texas
3232 Department of Motor Vehicles [Public Safety] can perform its
3333 duties, including the duty to make timely entries on driver
3434 records.
3535 SECTION 3. Sections 502.357(b), (c), and (d),
3636 Transportation Code, are amended to read as follows:
3737 (b) Fees collected under this section shall be deposited to
3838 the credit of the state highway fund except that the comptroller
3939 shall provide for a portion of the fees to be deposited first to the
4040 credit of a special fund in the state treasury outside the general
4141 revenue fund to be known as the TexasSure Fund in a total amount
4242 that is necessary to cover the total amount appropriated to the
4343 Texas Department of Insurance from that fund and for the remaining
4444 fees to be deposited to the state highway fund. Subject to
4545 appropriations, the money deposited to the credit of the state
4646 highway fund under this section may be used by the department
4747 [Department of Public Safety] to:
4848 (1) support the department's [Department of Public
4949 Safety's] reengineering of the driver's license system to provide
5050 for the issuance by the department [Department of Public Safety] of
5151 a driver's license or personal identification certificate, to
5252 include use of 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 [Department of Public Safety, the] Texas
5858 Department of Insurance, the Department of Information Resources,
5959 and the department to carry out Subchapter N, Chapter 601.
6060 (d) The [Department of Public Safety, the] Texas Department
6161 of Insurance, the Department of Information Resources, and the
6262 department shall jointly adopt rules and develop forms necessary to
6363 administer this section.
6464 SECTION 4. Sections 521.001(a)(1-a) and (2),
6565 Transportation Code, are amended to read as follows:
6666 (1-a) "Department" means the Texas Department of Motor
6767 Vehicles [Public Safety].
6868 (2) "Director" means the executive [public safety]
6969 director of the department.
7070 SECTION 5. Section 521.001(c), Transportation Code, is
7171 amended to read as follows:
7272 (c) The department by rule may define types of vehicles that
7373 are "motorcycles" for the purposes of this chapter, in addition to
7474 those defined under Subsection (a)(6-a), and[. The Texas
7575 Department of Motor Vehicles by rule may define the types of
7676 vehicles that are "motorcycles"] for the purposes of Chapters 501,
7777 502, and 503. This subsection applies only to vehicles
7878 manufactured by a manufacturer licensed under Chapter 2301,
7979 Occupations Code.
8080 SECTION 6. Subchapter C, Chapter 521, Transportation Code,
8181 is amended by adding Section 521.064 to read as follows:
8282 Sec. 521.064. REPRODUCTION OF RECORDS. (a) Except as
8383 provided by Subsection (b), the department may photograph,
8484 microphotograph, or film any record in connection with the issuance
8585 of a driver's license or commercial driver's license.
8686 (b) An original fingerprint card may not be photographed or
8787 filmed to dispose of the original record.
8888 (c) The department may create original records in
8989 micrographic form on media, such as computer output microfilm.
9090 (d) A photograph, microphotograph, or film of a record
9191 reproduced under Subsection (a) is equivalent to the original
9292 record for all purposes, including introduction as evidence in all
9393 courts and administrative agency proceedings. A certified or
9494 authenticated copy of such a photograph, microphotograph, or film
9595 is admissible as evidence equally with the original photograph,
9696 microphotograph, or film.
9797 (e) The director or an authorized representative may
9898 certify the authenticity of a photograph, microphotograph, or film
9999 of a record reproduced under this section and shall charge a fee for
100100 the certified photograph, microphotograph, or film as provided by
101101 law.
102102 (f) Certified records shall be furnished to any person who
103103 is authorized by law to receive them.
104104 SECTION 7. Section 521.103, Transportation Code, is amended
105105 by adding Subsection (d) to read as follows:
106106 (d) The Department of Public Safety may access any
107107 photograph of a person described by Subsection (a) that is made
108108 available to the department through the process of issuing a
109109 personal identification certificate under this section, including
110110 a renewal, duplicate, or corrected certificate, for use by the
111111 Department of Public Safety for purposes of Article 62.005(c), Code
112112 of Criminal Procedure.
113113 SECTION 8. Section 521.247, Transportation Code, is amended
114114 to read as follows:
115115 Sec. 521.247. APPROVAL OF IGNITION INTERLOCK DEVICES BY
116116 DEPARTMENT OF PUBLIC SAFETY. (a) The Department of Public Safety
117117 [department] shall adopt rules for the approval of ignition
118118 interlock devices used under this subchapter.
119119 (b) The Department of Public Safety [department] by rule
120120 shall establish general standards for the calibration and
121121 maintenance of the devices. The manufacturer or an authorized
122122 representative of the manufacturer is responsible for calibrating
123123 and maintaining the device.
124124 (c) If the Department of Public Safety [department]
125125 approves a device, the Department of Public Safety [department]
126126 shall notify the manufacturer of that approval in writing. Written
127127 notice from the Department of Public Safety [department] to a
128128 manufacturer is admissible in a civil or criminal proceeding in
129129 this state. The manufacturer shall reimburse the Department of
130130 Public Safety [department] for any cost incurred by the Department
131131 of Public Safety [department] in approving the device.
132132 (d) The Department of Public Safety [department] is not
133133 liable in a civil or criminal proceeding that arises from the use of
134134 an approved device.
135135 SECTION 9. Section 521.2475, Transportation Code, is
136136 amended to read as follows:
137137 Sec. 521.2475. IGNITION INTERLOCK DEVICE EVALUATION. (a)
138138 On January 1 of each year, the Department of Public Safety
139139 [department] shall issue an evaluation of each ignition interlock
140140 device approved under Section 521.247 using guidelines established
141141 by the National Highway Traffic Safety Administration, including:
142142 (1) whether the device provides accurate detection of
143143 alveolar air;
144144 (2) the moving retest abilities of the device;
145145 (3) the use of tamper-proof blood alcohol content
146146 level software by the device;
147147 (4) the anticircumvention design of the device;
148148 (5) the recalibration requirements of the device; and
149149 (6) the breath action required by the operator.
150150 (b) The Department of Public Safety [department] shall
151151 assess the cost of preparing the evaluation equally against each
152152 manufacturer of an approved device.
153153 SECTION 10. Sections 521.2476(a), (b), (c), and (d),
154154 Transportation Code, are amended to read as follows:
155155 (a) The Department of Public Safety [department] by rule
156156 shall establish:
157157 (1) minimum standards for vendors of ignition
158158 interlock devices who conduct business in this state; and
159159 (2) procedures to ensure compliance with those
160160 standards, including procedures for the inspection of a vendor's
161161 facilities.
162162 (b) The minimum standards shall require each vendor to:
163163 (1) be authorized by the Department of Public Safety
164164 [department] to do business in this state;
165165 (2) install a device only if the device is approved
166166 under Section 521.247;
167167 (3) obtain liability insurance providing coverage for
168168 damages arising out of the operation or use of devices in amounts
169169 and under the terms specified by the Department of Public Safety
170170 [department];
171171 (4) install the device and activate any
172172 anticircumvention feature of the device within a reasonable time
173173 after the vendor receives notice that installation is ordered by a
174174 court;
175175 (5) install and inspect the device in accordance with
176176 any applicable court order;
177177 (6) repair or replace a device not later than 48 hours
178178 after receiving notice of a complaint regarding the operation of
179179 the device;
180180 (7) submit a written report of any violation of a court
181181 order to that court and to the person's supervising officer, if any,
182182 not later than 48 hours after the vendor discovers the violation;
183183 (8) maintain a record of each action taken by the
184184 vendor with respect to each device installed by the vendor,
185185 including each action taken as a result of an attempt to circumvent
186186 the device, until at least the fifth anniversary after the date of
187187 installation;
188188 (9) make a copy of the record available for inspection
189189 by or send a copy of the record to any court, supervising officer,
190190 or the Department of Public Safety [department] on request; and
191191 (10) annually provide to the Department of Public
192192 Safety [department] a written report of each service and ignition
193193 interlock device feature made available by the vendor.
194194 (c) The Department of Public Safety [department] may revoke
195195 its [the department's] authorization for a vendor to do business in
196196 this state if the vendor or an officer or employee of the vendor
197197 violates:
198198 (1) any law of this state that applies to the vendor;
199199 or
200200 (2) any rule adopted by the Department of Public
201201 Safety [department] under this section or another law that applies
202202 to the vendor.
203203 (d) A vendor shall reimburse the Department of Public Safety
204204 [department] for the reasonable cost of conducting each inspection
205205 of the vendor's facilities under this section.
206206 SECTION 11. Section 521.272, Transportation Code, is
207207 amended by adding Subsection (e) to read as follows:
208208 (e) The Department of Public Safety may access any
209209 photograph of a person described by Subsection (a) that is made
210210 available to the department through the process of issuing a
211211 driver's license under this section, including a renewal,
212212 duplicate, or corrected license, for use by the Department of
213213 Public Safety for purposes of Article 62.005(c), Code of Criminal
214214 Procedure.
215215 SECTION 12. Section 521A.001, Transportation Code, is
216216 amended by adding Subsection (i) to read as follows:
217217 (i) In this section, "department" means the Texas
218218 Department of Motor Vehicles.
219219 SECTION 13. Section 522.003(8), Transportation Code, is
220220 amended to read as follows:
221221 (8) "Department" means the Texas Department of Motor
222222 Vehicles [Public Safety].
223223 SECTION 14. Section 522.007, Transportation Code, is
224224 amended to read as follows:
225225 Sec. 522.007. EXEMPTION FOR NEIGHBORING STATES. (a) The
226226 executive [public safety] director of the department shall enter
227227 negotiations with an appropriate person or entity of a state
228228 bordering this state for the purpose of applying the exemption
229229 contained in Section 522.004(a)(1) to residents of that state.
230230 (b) The executive [public safety] director of the
231231 department may enter an agreement to apply the exemption contained
232232 in Section 522.004(a)(1) to residents of a bordering state only if
233233 that state extends a similar exemption to residents of this state.
234234 SECTION 15. Sections 523.003(2) and (5), Transportation
235235 Code, are amended to read as follows:
236236 (2) "Executive director" means the executive director
237237 of the Texas Department of Motor Vehicles [Public Safety] or the
238238 equivalent officer of another state.
239239 (5) "Licensing authority" means the Texas Department
240240 of Motor Vehicles [Public Safety] or the equivalent agency of
241241 another state.
242242 SECTION 16. Sections 524.001(8) and (9), Transportation
243243 Code, are amended to read as follows:
244244 (8) "Department" means the Texas Department of Motor
245245 Vehicles [Public Safety].
246246 (9) "Director" means the executive [public safety]
247247 director of the department.
248248 SECTION 17. Section 525.001(b), Transportation Code, is
249249 amended to read as follows:
250250 (b) The Texas Department of Motor Vehicles [Public Safety]
251251 shall include motorcycle and bicycle awareness information in [any
252252 edition of] the Texas driver's handbook [published after the
253253 department exhausts the supply of the handbook that the department
254254 had on September 1, 1993].
255255 SECTION 18. Section 543.112(b), Transportation Code, is
256256 amended to read as follows:
257257 (b) The uniform certificate of course completion must
258258 include an identifying number by which the Texas Department of
259259 Licensing and Regulation, the court, [or] the department, or the
260260 Texas Department of Motor Vehicles may verify its authenticity with
261261 the course provider and must be in a form adopted by the Texas
262262 Department of Licensing and Regulation.
263263 SECTION 19. Section 601.002(1), Transportation Code, is
264264 amended to read as follows:
265265 (1) "Department" means the Texas Department of Motor
266266 Vehicles [Public Safety].
267267 SECTION 20. Subchapter A, Chapter 601, Transportation Code,
268268 is amended by adding Section 601.010 to read as follows:
269269 Sec. 601.010. ACCESS TO RECORDS BY DEPARTMENT OF PUBLIC
270270 SAFETY. The Department of Public Safety may access the
271271 department's records relating to the suspension of a driver's
272272 license and vehicle registration under this chapter.
273273 SECTION 21. Section 601.023, Transportation Code, is
274274 amended to read as follows:
275275 Sec. 601.023. PAYMENT OF STATUTORY FEES. The department
276276 may pay[:
277277 [(1) a statutory fee required by the Texas Department
278278 of Motor Vehicles for a certified abstract or in connection with
279279 suspension of a vehicle registration; or
280280 [(2)] a statutory fee payable to the comptroller for
281281 issuance of a certificate of deposit required by Section 601.122.
282282 SECTION 22. Section 601.233(a), Transportation Code, is
283283 amended to read as follows:
284284 (a) A citation for an offense under Section 601.191 issued
285285 as a result of Section 601.053 must include, in type larger than
286286 other type on the citation, the following statement:
287287 "A second or subsequent conviction of an offense under the Texas
288288 Motor Vehicle Safety Responsibility Act will result in the
289289 suspension of your driver's license unless you file and maintain
290290 evidence of financial responsibility with the Texas Department of
291291 Motor Vehicles [Public Safety] for two years from the date of
292292 conviction. The department may waive the requirement to file
293293 evidence of financial responsibility if you file satisfactory
294294 evidence with the department showing that at the time this citation
295295 was issued, the vehicle was covered by a motor vehicle liability
296296 insurance policy or that you were otherwise exempt from the
297297 requirements to provide evidence of financial responsibility."
298298 SECTION 23. Section 601.451, Transportation Code, is
299299 amended to read as follows:
300300 Sec. 601.451. DEFINITION. In this subchapter,
301301 "implementing agencies" means:
302302 (1) the department;
303303 (2) [the Texas Department of Motor Vehicles;
304304 [(3)] the Texas Department of Insurance; and
305305 (3) [(4)] the Department of Information Resources.
306306 SECTION 24. Sections 643.253(g) and (h), Transportation
307307 Code, are amended to read as follows:
308308 (g) As soon as practicable after the date a person is
309309 convicted of an offense under Subsection (b), the convicting court
310310 shall notify the department [Department of Public Safety] of the
311311 conviction. The notice must be in a form prescribed by the
312312 department [Department of Public Safety] and must contain the
313313 person's driver's license number.
314314 (h) A conviction under Subsection (b) shall be recorded in
315315 the person's driving record maintained by the department
316316 [Department of Public Safety].
317317 SECTION 25. Section 662.011(a), Transportation Code, is
318318 amended to read as follows:
319319 (a) Of each fee collected under Sections 521.421(b) and (g)
320320 and Sections 522.029(f) and (g), the Texas Department of Motor
321321 Vehicles [Public Safety] shall send $5 to the comptroller for
322322 deposit to the credit of the motorcycle education fund account.
323323 SECTION 26. Section 703.001(2), Transportation Code, is
324324 amended to read as follows:
325325 (2) "Department" and "licensing authority" mean the
326326 Texas Department of Motor Vehicles [Public Safety].
327327 SECTION 27. Section 706.001(2), Transportation Code, is
328328 amended to read as follows:
329329 (2) "Department" means the Texas Department of Motor
330330 Vehicles [Public Safety].
331331 SECTION 28. Section 706.008(c), Transportation Code, is
332332 amended to read as follows:
333333 (c) Except for an action based on a citation issued by a
334334 peace officer employed by the Department of Public Safety
335335 [department], the vendor may not be compensated with state money.
336336 SECTION 29. Section 724.001(7), Transportation Code, is
337337 amended to read as follows:
338338 (7) "Department" means the Texas Department of Motor
339339 Vehicles [Public Safety].
340340 SECTION 30. Section 724.016, Transportation Code, is
341341 amended to read as follows:
342342 Sec. 724.016. BREATH SPECIMEN. (a) A breath specimen taken
343343 at the request or order of a peace officer must be taken and
344344 analyzed under rules of the Department of Public Safety
345345 [department] by an individual possessing a certificate issued by
346346 the Department of Public Safety [department] certifying that the
347347 individual is qualified to perform the analysis.
348348 (b) The Department of Public Safety [department] may:
349349 (1) adopt rules approving satisfactory analytical
350350 methods; and
351351 (2) ascertain the qualifications of an individual to
352352 perform the analysis.
353353 (c) The Department of Public Safety [department] may revoke
354354 a certificate for cause.
355355 SECTION 31. Sections 724.032(a) and (b), Transportation
356356 Code, are amended to read as follows:
357357 (a) If a person refuses to submit to the taking of a
358358 specimen, whether expressly or because of an intentional failure of
359359 the person to give the specimen, the peace officer shall:
360360 (1) serve notice of license suspension or denial on
361361 the person; and
362362 (2) make a written report of the refusal to the
363363 executive director of the department.
364364 (b) The executive director of the department must approve
365365 the form of the refusal report. The report must:
366366 (1) show the grounds for the officer's belief that the
367367 person had been operating a motor vehicle or watercraft powered
368368 with an engine having a manufacturer's rating of 50 horsepower or
369369 above while intoxicated; and
370370 (2) contain a copy of:
371371 (A) the refusal statement requested under
372372 Section 724.031; or
373373 (B) a statement signed by the officer that the
374374 person refused to:
375375 (i) submit to the taking of the requested
376376 specimen; and
377377 (ii) sign the requested statement under
378378 Section 724.031.
379379 SECTION 32. Subchapter C, Chapter 724, Transportation Code,
380380 is amended by adding Section 724.0345 to read as follows:
381381 Sec. 724.0345. ACCESS TO RECORDS BY DEPARTMENT OF PUBLIC
382382 SAFETY. The Department of Public Safety may access the
383383 department's records relating to the suspension or denial of a
384384 driver's license.
385385 SECTION 33. Section 1001.004, Transportation Code, is
386386 amended to read as follows:
387387 Sec. 1001.004. DIVISIONS. The executive director shall
388388 organize the department into divisions to accomplish the
389389 department's functions and the duties assigned to the department,
390390 including a division reporting directly to the executive director
391391 and the deputy executive director that administers the following
392392 duties:
393393 (1) the issuance of driver's licenses under Chapters
394394 521 and 522;
395395 (2) the issuance of personal identification
396396 certificates under Chapter 521;
397397 (3) the issuance of election identification
398398 certificates under Chapter 521A; and
399399 (4) the registration of voters during the issuance or
400400 renewal of a driver's license or personal identification
401401 certificate.
402402 SECTION 34. Section 411.0111, Government Code, is
403403 transferred to Chapter 1003, Transportation Code, and redesignated
404404 as Section 1003.009, Transportation Code, to read as follows:
405405 Sec. 1003.009 [411.0111]. PROVISION OF CERTAIN INFORMATION
406406 TO COMPTROLLER. (a) Not later than June 1 of every fifth year, the
407407 department shall provide to the comptroller, for the purpose of
408408 assisting the comptroller in the identification of persons entitled
409409 to unclaimed property reported to the comptroller, the name,
410410 address, social security number, date of birth, and driver's
411411 license or state identification number of each person about whom
412412 the department has such information in its records.
413413 (b) Information provided to the comptroller under this
414414 section is confidential and may not be disclosed to the public.
415415 (c) The department shall provide the information in the
416416 format prescribed by rule of the comptroller.
417417 SECTION 35. Section 106.03(b), Alcoholic Beverage Code, is
418418 amended to read as follows:
419419 (b) A person who sells a minor an alcoholic beverage does
420420 not commit an offense if the minor falsely represents himself to be
421421 21 years old or older by displaying an apparently valid proof of
422422 identification that contains a physical description and photograph
423423 consistent with the minor's appearance, purports to establish that
424424 the minor is 21 years of age or older, and was issued by a
425425 governmental agency. The proof of identification may include a
426426 driver's license or identification card issued by the Texas
427427 Department of Motor Vehicles [Public Safety], a passport, or a
428428 military identification card.
429429 SECTION 36. Section 106.06(d), Alcoholic Beverage Code, is
430430 amended to read as follows:
431431 (d) A judge, acting under Chapter 42A, Code of Criminal
432432 Procedure, who places a defendant charged with an offense under
433433 this section on community supervision under that chapter shall, if
434434 the defendant committed the offense at a gathering where
435435 participants were involved in the abuse of alcohol, including binge
436436 drinking or forcing or coercing individuals to consume alcohol, in
437437 addition to any other condition imposed by the judge:
438438 (1) require the defendant to:
439439 (A) perform community service for not less than
440440 20 or more than 40 hours; and
441441 (B) attend an alcohol awareness program approved
442442 under Section 106.115; and
443443 (2) order the Texas Department of Motor Vehicles
444444 [Public Safety] to suspend the driver's license or permit of the
445445 defendant or, if the defendant does not have a driver's license or
446446 permit, to deny the issuance of a driver's license or permit to the
447447 defendant for 180 days.
448448 SECTION 37. Section 106.071(d), Alcoholic Beverage Code, is
449449 amended to read as follows:
450450 (d) In addition to any fine and any order issued under
451451 Section 106.115:
452452 (1) the court shall order a minor placed on deferred
453453 disposition for or convicted of an offense to which this section
454454 applies to perform community service for:
455455 (A) not less than eight or more than 12 hours, if
456456 the minor has not been previously convicted of an offense to which
457457 this section applies; or
458458 (B) not less than 20 or more than 40 hours, if the
459459 minor has been previously convicted once of an offense to which this
460460 section applies; and
461461 (2) the court shall order the Texas Department of
462462 Motor Vehicles [Public Safety] to suspend the driver's license or
463463 permit of a minor convicted of an offense to which this section
464464 applies or, if the minor does not have a driver's license or permit,
465465 to deny the issuance of a driver's license or permit for:
466466 (A) 30 days, if the minor has not been previously
467467 convicted of an offense to which this section applies;
468468 (B) 60 days, if the minor has been previously
469469 convicted once of an offense to which this section applies; or
470470 (C) 180 days, if the minor has been previously
471471 convicted twice or more of an offense to which this section applies.
472472 SECTION 38. Sections 106.115(b-2), (d), and (e), Alcoholic
473473 Beverage Code, are amended to read as follows:
474474 (b-2) For purposes of Subsection (b-1), if the defendant is
475475 enrolled in an institution of higher education located in a county
476476 in which access to an alcohol awareness program is readily
477477 available, the court may consider the defendant to be a resident of
478478 that county. If the defendant is not enrolled in such an
479479 institution of higher education or if the court does not consider
480480 the defendant to be a resident of the county in which the
481481 institution is located, the defendant's residence is the residence
482482 listed on the defendant's driver's license or personal
483483 identification certificate issued by the Texas Department of Motor
484484 Vehicles [Public Safety]. If the defendant does not have a
485485 driver's license or personal identification certificate issued by
486486 the Texas Department of Motor Vehicles [Public Safety], the
487487 defendant's residence is the residence on the defendant's voter
488488 registration certificate. If the defendant is not registered to
489489 vote, the defendant's residence is the residence on file with the
490490 public school district on which the defendant's enrollment is
491491 based. If the defendant is not enrolled in public school, the
492492 defendant's residence is determined by the court.
493493 (d) If the defendant does not present the required evidence
494494 within the prescribed period, the court:
495495 (1) shall order the Texas Department of Motor Vehicles
496496 [Public Safety] to:
497497 (A) suspend the defendant's driver's license or
498498 permit for a period not to exceed six months or, if the defendant
499499 does not have a license or permit, to deny the issuance of a license
500500 or permit to the defendant for that period; or
501501 (B) if the defendant has been previously
502502 convicted of an offense under one or more of the sections listed in
503503 Subsection (a), suspend the defendant's driver's license or permit
504504 for a period not to exceed one year or, if the defendant does not
505505 have a license or permit, to deny the issuance of a license or
506506 permit to the defendant for that period; and
507507 (2) may order the defendant or the parent, managing
508508 conservator, or guardian of the defendant to do any act or refrain
509509 from doing any act if the court determines that doing the act or
510510 refraining from doing the act will increase the likelihood that the
511511 defendant will present evidence to the court that the defendant has
512512 satisfactorily completed an alcohol awareness program or performed
513513 the required hours of community service.
514514 (e) The Texas Department of Motor Vehicles [Public Safety]
515515 shall send notice of the suspension or prohibition order issued
516516 under Subsection (d) by first class mail to the defendant. The
517517 notice must include the date of the suspension or prohibition
518518 order, the reason for the suspension or prohibition, and the period
519519 covered by the suspension or prohibition.
520520 SECTION 39. Section 106.15(e), Alcoholic Beverage Code, is
521521 amended to read as follows:
522522 (e) A person does not commit an offense under Subsection (a)
523523 if the person younger than 18 years of age falsely represents the
524524 person's age to be at least 18 years of age by displaying an
525525 apparently valid Texas driver's license or an identification card
526526 issued by the Texas Department of Motor Vehicles [Public Safety]
527527 containing a physical description consistent with the person's
528528 appearance.
529529 SECTION 40. Section 20.23(b), Business & Commerce Code, is
530530 amended to read as follows:
531531 (b) Information or documentation that identifies a
532532 protected consumer or a representative of a protected consumer is
533533 considered sufficient proof of identity for purposes of this
534534 subchapter, including:
535535 (1) a social security number or a copy of the social
536536 security card issued by the United States Social Security
537537 Administration;
538538 (2) a certified or official copy of a birth
539539 certificate issued by the entity authorized to issue the birth
540540 certificate;
541541 (3) a copy of a driver's license or identification card
542542 issued by the Texas Department of Motor Vehicles [Public Safety];
543543 or
544544 (4) any other government-issued identification.
545545 SECTION 41. Article 42.016, Code of Criminal Procedure, is
546546 amended to read as follows:
547547 Art. 42.016. SPECIAL DRIVER'S LICENSE OR IDENTIFICATION
548548 REQUIREMENTS FOR CERTAIN SEX OFFENDERS. If a person is convicted
549549 of, receives a grant of deferred adjudication for, or is
550550 adjudicated as having engaged in delinquent conduct based on a
551551 violation of an offense for which a conviction or adjudication
552552 requires registration as a sex offender under Chapter 62, the court
553553 shall:
554554 (1) issue an order requiring the Texas Department of
555555 Motor Vehicles [Public Safety] to include in any driver's license
556556 record or personal identification certificate record maintained by
557557 the department for the person:
558558 (A) an indication that the person is subject to
559559 the registration requirements of Chapter 62; and
560560 (B) if applicable, an indication that the person
561561 is subject to registration because the person was convicted of an
562562 offense involving human trafficking under Chapter 20A, Penal Code;
563563 (2) require the person to apply to the Texas
564564 Department of Motor Vehicles [Public Safety] in person for an
565565 original or renewal driver's license or personal identification
566566 certificate not later than the 30th day after the date the person is
567567 released or the date the department sends written notice to the
568568 person of the requirements of Article 62.060, as applicable, and to
569569 annually renew the license or certificate;
570570 (3) notify the person of the consequence of the
571571 conviction or order of deferred adjudication as it relates to the
572572 order issued under this article; and
573573 (4) send to the Texas Department of Motor Vehicles
574574 [Public Safety] a copy of the record of conviction, a copy of the
575575 order granting deferred adjudication, or a copy of the juvenile
576576 adjudication, as applicable, and a copy of the order issued under
577577 this article.
578578 SECTION 42. Article 42A.406, Code of Criminal Procedure, is
579579 amended to read as follows:
580580 Art. 42A.406. EFFECT OF EDUCATIONAL PROGRAM REQUIREMENTS ON
581581 DRIVING RECORD AND LICENSE. (a) If a defendant is required as a
582582 condition of community supervision to successfully complete an
583583 educational program under Article 42A.403 or 42A.404, or if the
584584 court waives the educational program requirement under Article
585585 42A.403 or the defendant successfully completes education under
586586 Article 42A.4045, the court clerk shall immediately report that
587587 fact to the Texas Department of Motor Vehicles [Public Safety], on a
588588 form prescribed by the department, for inclusion in the defendant's
589589 driving record. If the court grants an extension of time in which
590590 the defendant may complete the educational program under Article
591591 42A.403, the court clerk shall immediately report that fact to the
592592 Texas Department of Motor Vehicles [Public Safety] on a form
593593 prescribed by the department. The clerk's report under this
594594 subsection must include the beginning date of the defendant's
595595 community supervision.
596596 (b) On the defendant's successful completion of an
597597 educational program under Article 42A.403 or 42A.404, the
598598 defendant's instructor shall give notice to the Texas Department of
599599 Motor Vehicles [Public Safety] for inclusion in the defendant's
600600 driving record and to the community supervision and corrections
601601 department. The community supervision and corrections department
602602 shall forward the notice to the court clerk for filing.
603603 (c) [(b-1)] Upon release from a residential treatment
604604 facility at which the person successfully completed education under
605605 Article 42A.4045, at the request of the court clerk, the director of
606606 the residential treatment facility shall give notice to the Texas
607607 Department of Motor Vehicles [Public Safety] for inclusion in the
608608 person's driving record.
609609 (d) [(c)] If the Texas Department of Motor Vehicles [Public
610610 Safety] does not receive notice that a defendant required to
611611 complete an educational program has successfully completed the
612612 program within the period required by the judge under this
613613 subchapter, as shown on department records, the department, as
614614 provided by Sections 521.344(e) and (f), Transportation Code,
615615 shall:
616616 (1) revoke the defendant's driver's license; or
617617 (2) prohibit the defendant from obtaining a license.
618618 (e) [(d)] The Texas Department of Motor Vehicles [Public
619619 Safety] may not reinstate a license revoked under Subsection (d)
620620 [(c)] as the result of an educational program requirement imposed
621621 under Article 42A.403 unless the defendant whose license was
622622 revoked applies to the department for reinstatement of the license
623623 and pays to the department a reinstatement fee of $100. The Texas
624624 Department of Motor Vehicles [Public Safety] shall remit all fees
625625 collected under this subsection to the comptroller for deposit in
626626 the general revenue fund.
627627 SECTION 43. Articles 42A.407(c) and (e), Code of Criminal
628628 Procedure, are amended to read as follows:
629629 (c) If the Texas Department of Motor Vehicles [Public
630630 Safety] receives notice that a defendant has been required to
631631 successfully complete a subsequent educational program under
632632 Article 42A.403 or 42A.404, although the previously required
633633 completion had been waived, but the judge has not ordered a period
634634 of suspension, the department shall:
635635 (1) suspend the defendant's driver's license; or
636636 (2) issue an order prohibiting the defendant from
637637 obtaining a license for a period of one year.
638638 (e) The suspension of a defendant's driver's license under
639639 Subsection (d) shall be reported to the Texas Department of Motor
640640 Vehicles [Public Safety] as provided under Section 521.347,
641641 Transportation Code.
642642 SECTION 44. Articles 45A.304(b) and (e), Code of Criminal
643643 Procedure, are amended to read as follows:
644644 (b) Notwithstanding Article 45A.303(b)(8), during a
645645 deferral period ordered under this subchapter, the judge shall
646646 require that a defendant described by Subsection (a):
647647 (1) complete a driving safety course approved under
648648 Chapter 1001, Education Code; and
649649 (2) if the defendant holds a provisional license, be
650650 examined by the Texas Department of Motor Vehicles [Public Safety]
651651 as required by Section 521.161(b)(2), Transportation Code.
652652 (e) The reimbursement fee collected under Subsection (d)
653653 must be deposited to the credit of a special account in the general
654654 revenue fund and may be used only by the Texas Department of Motor
655655 Vehicles [Public Safety] for the administration of Chapter 521,
656656 Transportation Code.
657657 SECTION 45. Articles 45A.356(a) and (c), Code of Criminal
658658 Procedure, are amended to read as follows:
659659 (a) The court shall enter judgment on a defendant's plea of
660660 nolo contendere or guilty at the time the plea is made, defer
661661 imposition of the judgment, and allow the defendant a 90-day period
662662 to successfully complete the approved driving safety course or
663663 motorcycle operator training course and present to the court:
664664 (1) a uniform certificate of completion of the driving
665665 safety course or a verification of completion of the motorcycle
666666 operator training course;
667667 (2) unless the judge proceeds under Article 45A.359,
668668 the defendant's driving record as maintained by the Texas
669669 Department of Motor Vehicles [Public Safety], if any, showing that
670670 the defendant has not completed an approved driving safety course
671671 or motorcycle operator training course, as applicable, within the
672672 12-month period preceding the date of the offense;
673673 (3) an affidavit stating that the defendant:
674674 (A) was not taking a driving safety course or
675675 motorcycle operator training course, as applicable, under this
676676 subchapter on the date the request to take the course was made; and
677677 (B) has not completed, within the 12-month period
678678 preceding the date of the offense, a course described by Paragraph
679679 (A) that is not shown on the defendant's driving record; and
680680 (4) if the defendant does not have a Texas driver's
681681 license or permit and is a member, or the spouse or dependent child
682682 of a member, of the United States military forces serving on active
683683 duty, an affidavit stating that the defendant:
684684 (A) was not taking a driving safety course or
685685 motorcycle operator training course, as applicable, in another
686686 state on the date the request to take the course was made; and
687687 (B) has not completed a course described by
688688 Paragraph (A) within the 12-month period preceding the date of the
689689 offense.
690690 (c) If a defendant satisfies the requirements of Subsection
691691 (a), the court shall:
692692 (1) remove the judgment and dismiss the charge;
693693 (2) report the fact that the defendant successfully
694694 completed a driving safety course or a motorcycle operator training
695695 course and the date of completion to the Texas Department of Motor
696696 Vehicles [Public Safety] for inclusion in the defendant's driving
697697 record; and
698698 (3) state in the report under Subdivision (2) whether
699699 the course was taken under this subchapter to provide information
700700 necessary to determine eligibility to take a subsequent course
701701 under Article 45A.352(a).
702702 SECTION 46. Articles 45A.359(b), (c), and (f), Code of
703703 Criminal Procedure, are amended to read as follows:
704704 (b) As an alternative to receiving the defendant's driving
705705 record under Article 45A.356(a)(2), the judge, at the time the
706706 defendant requests a driving safety course or motorcycle operator
707707 training course dismissal under this subchapter, may:
708708 (1) require the defendant to pay a reimbursement fee
709709 in an amount equal to the sum of the amount of:
710710 (A) the fee established by Section 521.048,
711711 Transportation Code; and
712712 (B) the state electronic Internet portal fee; and
713713 (2) use the state electronic Internet portal to
714714 request that the Texas Department of Motor Vehicles [Public Safety]
715715 provide the judge with a copy of the defendant's driving record
716716 showing the information described by Section 521.047(b),
717717 Transportation Code.
718718 (c) As soon as practicable, the Texas Department of Motor
719719 Vehicles [Public Safety] shall use the state electronic Internet
720720 portal to provide the judge with the requested copy of the
721721 defendant's driving record.
722722 (f) The comptroller shall credit fees collected under
723723 Subsection (e) to the Texas Department of Motor Vehicles [Public
724724 Safety].
725725 SECTION 47. Article 45A.401(f), Code of Criminal Procedure,
726726 is amended to read as follows:
727727 (f) A charge dismissed under this article may not be part of
728728 the defendant's criminal record or driving record or used for any
729729 purpose, except that if the charge was for a traffic offense, the
730730 court shall report to the Texas Department of Motor Vehicles
731731 [Public Safety] the fact that the defendant successfully completed
732732 the teen court program and the date of completion for inclusion in
733733 the defendant's driving record.
734734 SECTION 48. Articles 45A.461(c) and (f), Code of Criminal
735735 Procedure, are amended to read as follows:
736736 (c) If a child fails to obey an order of a justice or
737737 municipal court under circumstances that would constitute contempt
738738 of court, the justice or municipal court, after providing notice
739739 and an opportunity to be heard, may:
740740 (1) refer the child to the appropriate juvenile court
741741 for delinquent conduct for contempt of the order; or
742742 (2) retain jurisdiction of the case, hold the child in
743743 contempt of court, and order that:
744744 (A) the contemnor pay a fine not to exceed $500;
745745 or
746746 (B) the Texas Department of Motor Vehicles
747747 [Public Safety] suspend the contemnor's driver's license or permit
748748 or, if the contemnor does not have a license or permit, deny the
749749 issuance of a license or permit to the contemnor until the contemnor
750750 fully complies with the order.
751751 (f) A justice or municipal court that orders suspension or
752752 denial of a driver's license or permit under Subsection (c)(2)(B)
753753 shall notify the Texas Department of Motor Vehicles [Public Safety]
754754 on receiving proof of compliance with the orders of the justice or
755755 municipal court.
756756 SECTION 49. Article 62.053(a), Code of Criminal Procedure,
757757 is amended to read as follows:
758758 (a) Before a person who will be subject to registration
759759 under this chapter is due to be released from a penal institution,
760760 the Texas Department of Criminal Justice or the Texas Juvenile
761761 Justice Department shall determine the person's level of risk to
762762 the community using the sex offender screening tool developed or
763763 selected under Article 62.007 and assign to the person a numeric
764764 risk level of one, two, or three. Before releasing the person, an
765765 official of the penal institution shall:
766766 (1) inform the person that:
767767 (A) not later than the later of the seventh day
768768 after the date on which the person is released or after the date on
769769 which the person moves from a previous residence to a new residence
770770 in this state or not later than the first date the applicable local
771771 law enforcement authority by policy allows the person to register
772772 or verify registration, the person must register or verify
773773 registration with the local law enforcement authority in the
774774 municipality or county in which the person intends to reside;
775775 (B) not later than the seventh day after the date
776776 on which the person is released or the date on which the person
777777 moves from a previous residence to a new residence in this state,
778778 the person must, if the person has not moved to an intended
779779 residence, report to the applicable entity or entities as required
780780 by Article 62.051(h) or (j) or 62.055(e);
781781 (C) not later than the seventh day before the
782782 date on which the person moves to a new residence in this state or
783783 another state, the person must report in person to the local law
784784 enforcement authority designated as the person's primary
785785 registration authority by the department and to the juvenile
786786 probation officer, community supervision and corrections
787787 department officer, or parole officer supervising the person;
788788 (D) not later than the 10th day after the date on
789789 which the person arrives in another state in which the person
790790 intends to reside, the person must register with the law
791791 enforcement agency that is identified by the department as the
792792 agency designated by that state to receive registration
793793 information, if the other state has a registration requirement for
794794 sex offenders;
795795 (E) not later than the 30th day after the date on
796796 which the person is released, the person must apply to the Texas
797797 Department of Motor Vehicles [department] in person for the
798798 issuance of an original or renewal driver's license or personal
799799 identification certificate and a failure to apply to the Texas
800800 Department of Motor Vehicles [department] as required by this
801801 paragraph results in the automatic revocation of any driver's
802802 license or personal identification certificate issued by the Texas
803803 Department of Motor Vehicles [department] to the person;
804804 (F) the person must notify appropriate entities
805805 of any change in status as described by Article 62.057;
806806 (G) certain types of employment are prohibited
807807 under Article 62.063 for a person with a reportable conviction or
808808 adjudication for a sexually violent offense involving a victim
809809 younger than 14 years of age and occurring on or after September 1,
810810 2013;
811811 (H) certain locations of residence are
812812 prohibited under Article 62.064 for a person with a reportable
813813 conviction or adjudication for an offense occurring on or after
814814 September 1, 2017, except as otherwise provided by that article;
815815 and
816816 (I) if the person enters the premises of a school
817817 as described by Article 62.065 and is subject to the requirements of
818818 that article, the person must immediately notify the administrative
819819 office of the school of the person's presence and the person's
820820 registration status under this chapter;
821821 (2) require the person to sign a written statement
822822 that the person was informed of the person's duties as described by
823823 Subdivision (1) or Subsection (g) or, if the person refuses to sign
824824 the statement, certify that the person was so informed;
825825 (3) obtain the address or, if applicable, a detailed
826826 description of each geographical location where the person expects
827827 to reside on the person's release and other registration
828828 information, including a photograph and complete set of
829829 fingerprints; and
830830 (4) complete the registration form for the person.
831831 SECTION 50. Article 62.060, Code of Criminal Procedure, is
832832 amended to read as follows:
833833 Art. 62.060. REQUIREMENTS RELATING TO DRIVER'S LICENSE OR
834834 PERSONAL IDENTIFICATION CERTIFICATE. (a) A person subject to
835835 registration under this chapter shall apply to the Texas Department
836836 of Motor Vehicles [department] in person for the issuance of, as
837837 applicable, an original or renewal driver's license under Section
838838 521.272, Transportation Code, an original or renewal personal
839839 identification certificate under Section 521.103, Transportation
840840 Code, or an original or renewal commercial driver's license or
841841 commercial learner's permit under Section 522.033, Transportation
842842 Code, not later than the 30th day after the date:
843843 (1) the person is released from a penal institution or
844844 is released by a court on community supervision or juvenile
845845 probation; or
846846 (2) the Texas Department of Motor Vehicles
847847 [department] sends written notice to the person of the requirements
848848 of this article.
849849 (b) The person shall annually renew in person each driver's
850850 license or personal identification certificate issued by the Texas
851851 Department of Motor Vehicles [department] to the person, including
852852 each renewal, duplicate, or corrected license or certificate, until
853853 the person's duty to register under this chapter expires.
854854 SECTION 51. Article 62.2021(a), Code of Criminal Procedure,
855855 is amended to read as follows:
856856 (a) Notwithstanding Article 62.060(b), a person subject to
857857 registration who is civilly committed as a sexually violent
858858 predator and resides at a civil commitment center shall renew the
859859 person's state-issued [department-issued] driver's license or
860860 personal identification certificate as prescribed by Section
861861 521.103, 521.272, or 522.033, Transportation Code, as applicable.
862862 SECTION 52. Article 65.053(a), Code of Criminal Procedure,
863863 is amended to read as follows:
864864 (a) Before a person who will be subject to registration
865865 under this chapter is due to be released from a penal institution,
866866 an official of the penal institution shall:
867867 (1) inform the person that:
868868 (A) not later than the seventh day after the date
869869 on which the person is released or after the date on which the
870870 person moves from a previous residence to a new residence in this
871871 state, or not later than the first date the applicable local law
872872 enforcement authority by policy allows the person to register or
873873 verify registration, the person must register or verify
874874 registration with the local law enforcement authority in the
875875 municipality or county in which the person intends to reside;
876876 (B) not later than the seventh day after the date
877877 on which the person is released or the date on which the person
878878 moves from a previous residence to a new residence in this state,
879879 the person must, if the person has not moved to an intended
880880 residence, report to the applicable entity or entities as required
881881 by Article 65.051 or 65.054;
882882 (C) not later than the seventh day before the
883883 date on which the person moves to a new residence in this state or
884884 another state, the person must report in person to the local law
885885 enforcement authority designated as the person's registration
886886 authority and to the officer supervising the person;
887887 (D) not later than the 10th day after the date on
888888 which the person arrives in another state in which the person
889889 intends to reside, the person must register with the law
890890 enforcement agency that is identified by the department as the
891891 agency designated in that state to receive registration
892892 information, if the other state has a registration requirement;
893893 (E) not later than the 30th day after the date on
894894 which the person is released, the person must apply to the Texas
895895 Department of Motor Vehicles [department] in person for the
896896 issuance of an original or renewal driver's license or personal
897897 identification certificate and a failure to apply to the Texas
898898 Department of Motor Vehicles [department] as required by this
899899 paragraph results in the automatic revocation of any driver's
900900 license or personal identification certificate issued by the Texas
901901 Department of Motor Vehicles [department] to the person; and
902902 (F) the person must notify appropriate entities
903903 of any change in status as described by Article 65.055;
904904 (2) require the person to sign a written statement
905905 confirming that the person was informed of the person's duties as
906906 described by Subdivision (1) or, if the person refuses to sign the
907907 statement, certify that the person was so informed;
908908 (3) obtain the address or, if applicable, a detailed
909909 description of the geographical location where the person expects
910910 to reside on the person's release and other registration
911911 information, including a photograph and complete set of
912912 fingerprints; and
913913 (4) complete the registration form for the person.
914914 SECTION 53. Article 65.058(a), Code of Criminal Procedure,
915915 is amended to read as follows:
916916 (a) A person subject to registration under this chapter
917917 shall apply to the Texas Department of Motor Vehicles [department]
918918 in person for the issuance of an original or renewal driver's
919919 license under Section 521.272, Transportation Code, a personal
920920 identification certificate under Section 521.103, Transportation
921921 Code, or a commercial driver's license or commercial learner's
922922 permit under Section 522.033, Transportation Code, not later than
923923 the 30th day after the date:
924924 (1) the person is released from a penal institution or
925925 by a court; or
926926 (2) the department sends written notice to the person
927927 of the requirements of this article.
928928 SECTION 54. Section 1001.056(d), Education Code, is amended
929929 to read as follows:
930930 (d) A certificate under this section must:
931931 (1) be in a form required by the department; and
932932 (2) include an identifying number by which the
933933 department, a court, [or] the Department of Public Safety, or the
934934 Texas Department of Motor Vehicles may verify its authenticity with
935935 the driving safety provider.
936936 SECTION 55. Section 1001.058(b), Education Code, is amended
937937 to read as follows:
938938 (b) The advisory committee consists of nine members
939939 appointed for staggered six-year terms by the presiding officer of
940940 the commission, with the approval of the commission, as follows:
941941 (1) three driver education providers;
942942 (2) three driving safety providers;
943943 (3) one driver education instructor;
944944 (4) the division head of the Texas Department of Motor
945945 Vehicles [Public Safety] driver license division or the division
946946 head's designee; and
947947 (5) one member of the public.
948948 SECTION 56. Section 1001.060, Education Code, is amended to
949949 read as follows:
950950 Sec. 1001.060. COORDINATION WITH TEXAS DEPARTMENT OF MOTOR
951951 VEHICLES [PUBLIC SAFETY]. (a) The department shall enter into a
952952 memorandum of understanding with the Texas Department of Motor
953953 Vehicles [Public Safety] for:
954954 (1) the interagency development of the content of
955955 driver's license examinations and examination reference materials;
956956 and
957957 (2) any other matter the agencies consider
958958 appropriate.
959959 (b) The memorandum of understanding must authorize the
960960 Texas Department of Motor Vehicles [Public Safety] to share with
961961 the department any relevant information, including information
962962 related to examination results.
963963 SECTION 57. Section 13.002(c), Election Code, is amended to
964964 read as follows:
965965 (c) A registration application must include:
966966 (1) the applicant's first name, middle name, if any,
967967 last name, and former name, if any;
968968 (2) the month, day, and year of the applicant's birth;
969969 (3) a statement that the applicant is a United States
970970 citizen;
971971 (4) a statement that the applicant is a resident of the
972972 county;
973973 (5) a statement that the applicant has not been
974974 determined by a final judgment of a court exercising probate
975975 jurisdiction to be:
976976 (A) totally mentally incapacitated; or
977977 (B) partially mentally incapacitated without the
978978 right to vote;
979979 (6) a statement that the applicant has not been
980980 finally convicted of a felony or that the applicant is a felon
981981 eligible for registration under Section 13.001;
982982 (7) the applicant's residence address or, if the
983983 residence has no address, the address at which the applicant
984984 receives mail and a concise description of the location of the
985985 applicant's residence;
986986 (8) the following information:
987987 (A) the applicant's Texas driver's license number
988988 or the number of a personal identification card issued by the Texas
989989 Department of Motor Vehicles [Public Safety];
990990 (B) if the applicant has not been issued a number
991991 described by Paragraph (A), the last four digits of the applicant's
992992 social security number; or
993993 (C) a statement by the applicant that the
994994 applicant has not been issued a number described by Paragraph (A) or
995995 (B);
996996 (9) if the application is made by an agent, a statement
997997 of the agent's relationship to the applicant; and
998998 (10) the city and county in which the applicant
999999 formerly resided.
10001000 SECTION 58. Section 13.004(c), Election Code, is amended to
10011001 read as follows:
10021002 (c) The following information furnished on a registration
10031003 application is confidential and does not constitute public
10041004 information for purposes of Chapter 552, Government Code:
10051005 (1) a social security number;
10061006 (2) a Texas driver's license number;
10071007 (3) a number of a personal identification card issued
10081008 by the Texas Department of Motor Vehicles [Public Safety];
10091009 (4) the residence address of the applicant, if the
10101010 applicant is a federal judge, including a federal bankruptcy judge,
10111011 a marshal of the United States Marshals Service, a United States
10121012 attorney, or a state judge, a family member of a federal judge,
10131013 including a federal bankruptcy judge, a marshal of the United
10141014 States Marshals Service, a United States attorney, or a state
10151015 judge, the spouse of a peace officer as defined by Article 2A.001,
10161016 Code of Criminal Procedure, or an individual to whom Section
10171017 552.1175, Government Code, or Section 521.1211, Transportation
10181018 Code, applies and the applicant:
10191019 (A) included an affidavit with the registration
10201020 application describing the applicant's status under this
10211021 subdivision, if the applicant is a federal judge, including a
10221022 federal bankruptcy judge, a marshal of the United States Marshals
10231023 Service, a United States attorney, or a state judge or a family
10241024 member of a federal judge, including a federal bankruptcy judge, a
10251025 marshal of the United States Marshals Service, a United States
10261026 attorney, or a state judge;
10271027 (B) provided the registrar with an affidavit
10281028 describing the applicant's status under this subdivision, if the
10291029 applicant is a federal judge, including a federal bankruptcy judge,
10301030 a marshal of the United States Marshals Service, a United States
10311031 attorney, or a state judge or a family member of a federal judge,
10321032 including a federal bankruptcy judge, a marshal of the United
10331033 States Marshals Service, a United States attorney, or a state
10341034 judge; or
10351035 (C) provided the registrar with a completed form
10361036 approved by the secretary of state for the purpose of notifying the
10371037 registrar of the applicant's status under this subdivision;
10381038 (5) the residence address of the applicant, if the
10391039 applicant, the applicant's child, or another person in the
10401040 applicant's household is a victim of family violence as defined by
10411041 Section 71.004, Family Code, who provided the registrar with:
10421042 (A) a copy of a protective order issued under
10431043 Chapter 85, Family Code, or a magistrate's order for emergency
10441044 protection issued under Article 17.292, Code of Criminal Procedure;
10451045 or
10461046 (B) other independent documentary evidence
10471047 necessary to show that the applicant, the applicant's child, or
10481048 another person in the applicant's household is a victim of family
10491049 violence;
10501050 (6) the residence address of the applicant, if the
10511051 applicant, the applicant's child, or another person in the
10521052 applicant's household is a victim of sexual assault or abuse,
10531053 stalking, or trafficking of persons who provided the registrar
10541054 with:
10551055 (A) a copy of a protective order issued under
10561056 Subchapter A or B, Chapter 7B, Code of Criminal Procedure, or a
10571057 magistrate's order for emergency protection issued under Article
10581058 17.292, Code of Criminal Procedure; or
10591059 (B) other independent documentary evidence
10601060 necessary to show that the applicant, the applicant's child, or
10611061 another person in the applicant's household is a victim of sexual
10621062 assault or abuse, stalking, or trafficking of persons;
10631063 (7) the residence address of the applicant, if the
10641064 applicant:
10651065 (A) is a participant in the address
10661066 confidentiality program administered by the attorney general under
10671067 Subchapter B, Chapter 58, Code of Criminal Procedure; and
10681068 (B) provided the registrar with proof of
10691069 certification under Article 58.059, Code of Criminal Procedure; or
10701070 (8) the telephone number of any applicant submitting
10711071 documentation under Subdivision (4), (5), (6), or (7).
10721072 SECTION 59. Section 13.072(a), Election Code, is amended to
10731073 read as follows:
10741074 (a) Unless the registrar challenges the applicant, the
10751075 registrar shall approve the application if:
10761076 (1) the registrar determines that an application
10771077 complies with Section 13.002 and indicates that the applicant is
10781078 eligible for registration; and
10791079 (2) for an applicant who has not included a statement
10801080 described by Section 13.002(c)(8)(C), the registrar verifies with
10811081 the secretary of state:
10821082 (A) the applicant's Texas driver's license number
10831083 or number of a personal identification card issued by the Texas
10841084 Department of Motor Vehicles [Public Safety]; or
10851085 (B) the last four digits of the applicant's
10861086 social security number.
10871087 SECTION 60. Section 13.122(a), Election Code, is amended to
10881088 read as follows:
10891089 (a) In addition to the other statements and spaces for
10901090 entering information that appear on an officially prescribed
10911091 registration application form, each official form must include:
10921092 (1) the statement: "I understand that giving false
10931093 information to procure a voter registration is perjury and a crime
10941094 under state and federal law.";
10951095 (2) a space for the applicant's registration number;
10961096 (3) a space for the applicant's Texas driver's license
10971097 number or number of a personal identification card issued by the
10981098 Texas Department of Motor Vehicles [Public Safety];
10991099 (4) a space for the applicant's telephone number;
11001100 (5) a space for the applicant's social security
11011101 number;
11021102 (6) a space for the applicant's sex;
11031103 (7) a statement indicating that the furnishing of the
11041104 applicant's telephone number and sex is optional;
11051105 (8) a space or box for indicating whether the
11061106 applicant or voter is submitting new registration information or a
11071107 change in current registration information;
11081108 (9) a statement instructing a voter who is using the
11091109 form to make a change in current registration information to enter
11101110 the voter's name and the changed information in the appropriate
11111111 spaces on the form;
11121112 (10) a statement that if the applicant declines to
11131113 register to vote, that fact will remain confidential and will be
11141114 used only for voter registration purposes;
11151115 (11) a statement that if the applicant does register
11161116 to vote, information regarding the agency or office to which the
11171117 application is submitted will remain confidential and will be used
11181118 only for voter registration purposes;
11191119 (12) a space or box for indicating whether the
11201120 applicant is interested in working as an election judge;
11211121 (13) a statement warning that a conviction for making
11221122 a false statement may result in imprisonment for up to the maximum
11231123 amount of time provided by law, a fine of up to the maximum amount
11241124 provided by law, or both the imprisonment and the fine; and
11251125 (14) any other voter registration information
11261126 required by federal law or considered appropriate and required by
11271127 the secretary of state.
11281128 SECTION 61. Section 15.054(a), Election Code, is amended to
11291129 read as follows:
11301130 (a) For purposes of Section 15.053, a voter's residence may
11311131 be documented by providing a photocopy of the first document,
11321132 beginning with Subdivision (1) and continuing through Subdivision
11331133 (6), in the following list that corresponds to the voter's
11341134 residence under Section 1.015:
11351135 (1) a driver's license issued to the voter by the Texas
11361136 Department of Motor Vehicles [Public Safety] that has not expired
11371137 or, if the voter has notified the department of a change of address
11381138 under Section 521.054, Transportation Code, an affidavit from the
11391139 voter stating the new address contained in the notification;
11401140 (2) a personal identification card issued to the voter
11411141 by the Texas Department of Motor Vehicles [Public Safety] that has
11421142 not expired or, if the voter has notified the department of a change
11431143 of address under Section 521.054, Transportation Code, an affidavit
11441144 from the voter stating the new address contained in the
11451145 notification;
11461146 (3) a license to carry a concealed handgun issued to
11471147 the voter by the Department of Public Safety that has not expired
11481148 or, if the voter has notified the department of a change of address
11491149 under Section 411.181, Government Code, an affidavit from the voter
11501150 stating the new address contained in the notification;
11511151 (4) an appraisal district document showing the address
11521152 the voter claims as a homestead in this state;
11531153 (5) a utility bill addressed to the voter's residence
11541154 address; or
11551155 (6) an official tax document or Texas Department of
11561156 Motor Vehicles document showing the registration address of a
11571157 vehicle the voter owns.
11581158 SECTION 62. Section 16.031(a), Election Code, is amended to
11591159 read as follows:
11601160 (a) The registrar shall cancel a voter's registration
11611161 immediately on receipt of:
11621162 (1) notice under Section 13.072(b), 15.021, or
11631163 18.0681(d) or a response under Section 15.053 that the voter's
11641164 residence is outside the county;
11651165 (2) an abstract of the voter's death certificate under
11661166 Section 16.001(a) or an abstract of an application indicating that
11671167 the voter is deceased under Section 16.001(b);
11681168 (3) an abstract of a final judgment of the voter's
11691169 total mental incapacity, partial mental incapacity without the
11701170 right to vote, conviction of a felony, or disqualification under
11711171 Section 16.002, 16.003, or 16.004;
11721172 (4) notice under Section 112.012 that the voter has
11731173 applied for a limited ballot in another county;
11741174 (5) notice from a voter registration official in
11751175 another state that the voter has registered to vote outside this
11761176 state;
11771177 (6) notice from the early voting clerk under Section
11781178 101.053 that a federal postcard application submitted by an
11791179 applicant states a voting residence address located outside the
11801180 registrar's county; or
11811181 (7) notice from the secretary of state that the voter
11821182 has registered to vote in another county, as determined by the
11831183 voter's driver's license number or personal identification card
11841184 number issued by the Texas Department of Motor Vehicles [Public
11851185 Safety] or social security number.
11861186 SECTION 63. Section 20.001(b), Election Code, is amended to
11871187 read as follows:
11881188 (b) The Texas Department of Motor Vehicles [Public Safety]
11891189 is designated as a voter registration agency.
11901190 SECTION 64. The heading to Subchapter C, Chapter 20,
11911191 Election Code, is amended to read as follows:
11921192 SUBCHAPTER C. TEXAS DEPARTMENT OF MOTOR VEHICLES [PUBLIC SAFETY]
11931193 SECTION 65. Section 20.061, Election Code, is amended to
11941194 read as follows:
11951195 Sec. 20.061. APPLICABILITY OF OTHER PROVISIONS. The other
11961196 provisions of this chapter apply to the Texas Department of Motor
11971197 Vehicles [Public Safety] except provisions that conflict with this
11981198 subchapter.
11991199 SECTION 66. Section 20.062(a), Election Code, is amended to
12001200 read as follows:
12011201 (a) The Texas Department of Motor Vehicles [Public Safety]
12021202 shall prescribe and use a form and procedure that combines the
12031203 department's application form for a license or card with an
12041204 officially prescribed voter registration application form.
12051205 SECTION 67. Section 20.063(a), Election Code, is amended to
12061206 read as follows:
12071207 (a) The Texas Department of Motor Vehicles [Public Safety]
12081208 shall provide to each person who applies in person at the
12091209 department's offices for an original or renewal of a driver's
12101210 license, a personal identification card, or a duplicate or
12111211 corrected license or card an opportunity to complete a voter
12121212 registration application form.
12131213 SECTION 68. Section 20.064, Election Code, is amended to
12141214 read as follows:
12151215 Sec. 20.064. DECLINATION FORM NOT REQUIRED. The Texas
12161216 Department of Motor Vehicles [Public Safety] is not required to
12171217 comply with the procedures prescribed by this chapter relating to
12181218 the form for a declination of voter registration.
12191219 SECTION 69. Section 20.065(a), Election Code, is amended to
12201220 read as follows:
12211221 (a) At the end of each day a Texas Department of Motor
12221222 Vehicles [Public Safety] office is regularly open for business, the
12231223 manager of the office shall deliver by mail or in person to the
12241224 voter registrar of the county in which the office is located each
12251225 completed voter registration application and applicable change of
12261226 address submitted to a department employee.
12271227 SECTION 70. Section 20.066(a), Election Code, is amended to
12281228 read as follows:
12291229 (a) If a person completes a voter registration application
12301230 as provided by Section 20.063, the Texas Department of Motor
12311231 Vehicles [Public Safety] shall:
12321232 (1) input the information provided on the application
12331233 into the department's electronic data system; and
12341234 (2) inform the applicant that the applicant's
12351235 electronic signature provided to the department will be used for
12361236 submitting the applicant's voter registration application.
12371237 SECTION 71. Section 31.013(b), Election Code, is amended to
12381238 read as follows:
12391239 (b) In establishing the program, the secretary of state
12401240 shall consult with the Department of Public Safety and Texas
12411241 Department of Motor Vehicles on the creation of the program,
12421242 security relating to the issuance of an election identification
12431243 certificate, best practices in issuing an election identification
12441244 certificate, and equipment required to issue an election
12451245 identification certificate.
12461246 SECTION 72. Section 63.0101(a), Election Code, is amended
12471247 to read as follows:
12481248 (a) The following documentation is an acceptable form of
12491249 photo identification under this chapter:
12501250 (1) a driver's license, election identification
12511251 certificate, or personal identification card issued to the person
12521252 by the Texas Department of Motor Vehicles [Public Safety] that has
12531253 not expired or that expired no earlier than four years before the
12541254 date of presentation;
12551255 (2) a United States military identification card that
12561256 contains the person's photograph that has not expired or that
12571257 expired no earlier than four years before the date of presentation;
12581258 (3) a United States citizenship certificate issued to
12591259 the person that contains the person's photograph;
12601260 (4) a United States passport book or card issued to the
12611261 person that has not expired or that expired no earlier than four
12621262 years before the date of presentation; or
12631263 (5) a license to carry a handgun issued to the person
12641264 by the Department of Public Safety that has not expired or that
12651265 expired no earlier than four years before the date of presentation.
12661266 SECTION 73. Section 65.060, Election Code, is amended to
12671267 read as follows:
12681268 Sec. 65.060. DISCLOSURE OF SOCIAL SECURITY, DRIVER'S
12691269 LICENSE, OR PERSONAL IDENTIFICATION NUMBER ON PROVISIONAL BALLOT
12701270 AFFIDAVIT. A social security number, Texas driver's license
12711271 number, or number of a personal identification card issued by the
12721272 Texas Department of Motor Vehicles [Public Safety] furnished on a
12731273 provisional ballot affidavit is confidential and does not
12741274 constitute public information for purposes of Chapter 552,
12751275 Government Code. The general custodian of election records shall
12761276 ensure that a social security number, Texas driver's license
12771277 number, or number of a personal identification card issued by the
12781278 Texas Department of Motor Vehicles [Public Safety] is excluded from
12791279 disclosure.
12801280 SECTION 74. Section 84.002(a), Election Code, is amended to
12811281 read as follows:
12821282 (a) An early voting ballot application must include:
12831283 (1) the applicant's name and the address at which the
12841284 applicant is registered to vote;
12851285 (1-a) the following information:
12861286 (A) the number of the applicant's driver's
12871287 license, election identification certificate, or personal
12881288 identification card issued by the Texas Department of Motor
12891289 Vehicles [Public Safety];
12901290 (B) if the applicant has not been issued a number
12911291 described by Paragraph (A), the last four digits of the applicant's
12921292 social security number; or
12931293 (C) a statement by the applicant that the
12941294 applicant has not been issued a number described by Paragraph (A) or
12951295 (B);
12961296 (2) for an application for a ballot to be voted by mail
12971297 on the ground of absence from the county of residence, the address
12981298 outside the applicant's county of residence to which the ballot is
12991299 to be mailed;
13001300 (3) for an application for a ballot to be voted by mail
13011301 on the ground of age or disability, the address of the hospital,
13021302 nursing home or other long-term care facility, or retirement
13031303 center, or of a person related to the applicant within the second
13041304 degree by affinity or the third degree by consanguinity, as
13051305 determined under Chapter 573, Government Code, if the applicant is
13061306 living at that address and that address is different from the
13071307 address at which the applicant is registered to vote;
13081308 (4) for an application for a ballot to be voted by mail
13091309 on the ground of confinement in jail, the address of the jail or of a
13101310 person related to the applicant within the degree described by
13111311 Subdivision (3);
13121312 (5) for an application for a ballot to be voted by mail
13131313 on any ground, an indication of each election for which the
13141314 applicant is applying for a ballot;
13151315 (6) an indication of the ground of eligibility for
13161316 early voting; and
13171317 (7) for an application for a ballot to be voted by mail
13181318 on the ground of involuntary civil commitment, the address of the
13191319 facility operated by or under contract with the Texas Civil
13201320 Commitment Office or of a person related to the applicant within the
13211321 degree of consanguinity described by Subdivision (3).
13221322 SECTION 75. Section 86.002(g), Election Code, is amended to
13231323 read as follows:
13241324 (g) The carrier envelope must include a space that is hidden
13251325 from view when the envelope is sealed for the voter to enter the
13261326 following information:
13271327 (1) the number of the voter's driver's license,
13281328 election identification certificate, or personal identification
13291329 card issued by the Texas Department of Motor Vehicles [Public
13301330 Safety];
13311331 (2) if the voter has not been issued a number described
13321332 by Subdivision (1), the last four digits of the voter's social
13331333 security number; or
13341334 (3) a statement by the applicant that the applicant
13351335 has not been issued a number described by Subdivision (1) or (2).
13361336 SECTION 76. Section 86.015(b), Election Code, is amended to
13371337 read as follows:
13381338 (b) The online tool developed or provided under Subsection
13391339 (a) must require the voter to provide, before permitting the voter
13401340 to access information described by that subsection:
13411341 (1) the voter's name and date of birth and the last
13421342 four digits of the voter's social security number; and
13431343 (2) the voter's:
13441344 (A) driver's license number; or
13451345 (B) personal identification card number issued
13461346 by the Texas Department of Motor Vehicles [Public Safety].
13471347 SECTION 77. Section 2.005(b), Family Code, is amended to
13481348 read as follows:
13491349 (b) The proof must be established by:
13501350 (1) a driver's license or identification card issued
13511351 by this state, another state, or a Canadian province that is current
13521352 or has expired not more than two years preceding the date the
13531353 identification is submitted to the county clerk in connection with
13541354 an application for a license;
13551355 (2) a United States passport;
13561356 (3) a current passport issued by a foreign country or a
13571357 consular document issued by a state or national government;
13581358 (4) an unexpired Certificate of United States
13591359 Citizenship, Certificate of Naturalization, United States Citizen
13601360 Identification Card, Permanent Resident Card, Temporary Resident
13611361 Card, Employment Authorization Card, or other document issued by
13621362 the federal Department of Homeland Security or the United States
13631363 Department of State including an identification photograph;
13641364 (5) an unexpired military identification card for
13651365 active duty, reserve, or retired personnel with an identification
13661366 photograph;
13671367 (6) an original or certified copy of a birth
13681368 certificate issued by a bureau of vital statistics for a state or a
13691369 foreign government;
13701370 (7) an original or certified copy of a Consular Report
13711371 of Birth Abroad or Certificate of Birth Abroad issued by the United
13721372 States Department of State;
13731373 (8) an original or certified copy of a court order
13741374 relating to the applicant's name change or sex change;
13751375 (9) school records from a secondary school or
13761376 institution of higher education;
13771377 (10) an insurance policy continuously valid for the
13781378 two years preceding the date of the application for a license;
13791379 (11) a motor vehicle certificate of title;
13801380 (12) military records, including documentation of
13811381 release or discharge from active duty or a draft record;
13821382 (13) an unexpired military dependent identification
13831383 card;
13841384 (14) an original or certified copy of the applicant's
13851385 marriage license or divorce decree;
13861386 (15) a voter registration certificate;
13871387 (16) a pilot's license issued by the Federal Aviation
13881388 Administration or another authorized agency of the United States;
13891389 (17) a license to carry a handgun under Subchapter H,
13901390 Chapter 411, Government Code;
13911391 (18) a temporary identification card issued by the
13921392 Texas Department of Motor Vehicles [Public Safety]; or
13931393 (19) an offender identification card issued by the
13941394 Texas Department of Criminal Justice.
13951395 SECTION 78. Sections 54.042(a), (b), (f), and (g), Family
13961396 Code, are amended to read as follows:
13971397 (a) A juvenile court, in a disposition hearing under Section
13981398 54.04, shall:
13991399 (1) order the Texas Department of Motor Vehicles
14001400 [Public Safety] to suspend a child's driver's license or permit, or
14011401 if the child does not have a license or permit, to deny the issuance
14021402 of a license or permit to the child if the court finds that the child
14031403 has engaged in conduct that:
14041404 (A) violates a law of this state enumerated in
14051405 Section 521.342(a), Transportation Code; or
14061406 (B) violates a penal law of this state or the
14071407 United States, an element or elements of which involve a severe form
14081408 of trafficking in persons, as defined by 22 U.S.C. Section 7102; or
14091409 (2) notify the Texas Department of Motor Vehicles
14101410 [Public Safety] of the adjudication, if the court finds that the
14111411 child has engaged in conduct that violates a law of this state
14121412 enumerated in Section 521.372(a), Transportation Code.
14131413 (b) A juvenile court, in a disposition hearing under Section
14141414 54.04, may order the Texas Department of Motor Vehicles [Public
14151415 Safety] to suspend a child's driver's license or permit or, if the
14161416 child does not have a license or permit, to deny the issuance of a
14171417 license or permit to the child, if the court finds that the child
14181418 has engaged in conduct that violates Section 28.08, Penal Code.
14191419 (f) A juvenile court, in a disposition hearing under Section
14201420 54.04, may order the Texas Department of Motor Vehicles [Public
14211421 Safety] to suspend a child's driver's license or permit or, if the
14221422 child does not have a license or permit, to deny the issuance of a
14231423 license or permit to the child for a period not to exceed 12 months
14241424 if the court finds that the child has engaged in conduct in need of
14251425 supervision or delinquent conduct other than the conduct described
14261426 by Subsection (a).
14271427 (g) A juvenile court that places a child on probation under
14281428 Section 54.04 may require as a reasonable condition of the
14291429 probation that if the child violates the probation, the court may
14301430 order the Texas Department of Motor Vehicles [Public Safety] to
14311431 suspend the child's driver's license or permit or, if the child does
14321432 not have a license or permit, to deny the issuance of a license or
14331433 permit to the child for a period not to exceed 12 months. The court
14341434 may make this order if a child that is on probation under this
14351435 condition violates the probation. A suspension under this
14361436 subsection is cumulative of any other suspension under this
14371437 section.
14381438 SECTION 79. Section 54.0482(c), Family Code, is amended to
14391439 read as follows:
14401440 (c) On or before the fifth anniversary of the date the
14411441 juvenile probation department receives a payment for a victim that
14421442 is not claimed by the victim, the department shall make and document
14431443 a good faith effort to locate and notify the victim that an
14441444 unclaimed payment exists, including:
14451445 (1) confirming, if possible, the victim's most recent
14461446 address with the Texas Department of Motor Vehicles [Public
14471447 Safety]; and
14481448 (2) making at least one additional certified mailing
14491449 to the victim.
14501450 SECTION 80. Section 65.103(c), Family Code, is amended to
14511451 read as follows:
14521452 (c) In addition to any other order authorized by this
14531453 section, a truancy court may order the Texas Department of Motor
14541454 Vehicles [Public Safety] to suspend the driver's license or permit
14551455 of a child who has been found to have engaged in truant conduct. If
14561456 the child does not have a driver's license or permit, the court may
14571457 order the Texas Department of Motor Vehicles [Public Safety] to
14581458 deny the issuance of a license or permit to the child. The period of
14591459 the license or permit suspension or the order that the issuance of a
14601460 license or permit be denied may not extend beyond the maximum time
14611461 period that a remedial order is effective as provided by Section
14621462 65.104.
14631463 SECTION 81. Section 65.251(a), Family Code, is amended to
14641464 read as follows:
14651465 (a) If a child fails to obey an order issued by a truancy
14661466 court under Section 65.103(a) or a child is in direct contempt of
14671467 court, the truancy court, after providing notice and an opportunity
14681468 for a hearing, may hold the child in contempt of court and order
14691469 either or both of the following:
14701470 (1) that the child pay a fine not to exceed $100; or
14711471 (2) that the Texas Department of Motor Vehicles
14721472 [Public Safety] suspend the child's driver's license or permit or,
14731473 if the child does not have a license or permit, order that the Texas
14741474 Department of Motor Vehicles [Public Safety] deny the issuance of a
14751475 license or permit to the child until the child fully complies with
14761476 the court's orders.
14771477 SECTION 82. Sections 203.007(b) and (g), Family Code, are
14781478 amended to read as follows:
14791479 (b) A domestic relations office is entitled to obtain from
14801480 the Texas Department of Motor Vehicles and the Department of Public
14811481 Safety records that relate to:
14821482 (1) a person's date of birth;
14831483 (2) a person's most recent address;
14841484 (3) a person's current driver's license status;
14851485 (4) motor vehicle collisions involving a person;
14861486 (5) reported traffic-law violations of which a person
14871487 has been convicted; and
14881488 (6) a person's criminal history record information.
14891489 (g) The Texas Department of Motor Vehicles, the Department
14901490 of Public Safety, the Texas Workforce Commission, or the office of
14911491 the secretary of state may charge a domestic relations office a fee
14921492 not to exceed the charge paid by the Title IV-D agency for
14931493 furnishing records under this section.
14941494 SECTION 83. Section 264.1213, Family Code, is amended to
14951495 read as follows:
14961496 Sec. 264.1213. RECORDS AND DOCUMENTS FOR CHILDREN AGING OUT
14971497 OF FOSTER CARE. The department in cooperation with volunteer
14981498 advocates from a charitable organization described by Subchapter C,
14991499 Chapter 107, and the Texas Department of Motor Vehicles [Public
15001500 Safety] shall develop procedures to ensure that a foster child
15011501 obtains a driver's license or personal identification card before
15021502 the child leaves the conservatorship of the department.
15031503 SECTION 84. Section 277.002(a), Finance Code, is amended to
15041504 read as follows:
15051505 (a) A financial institution shall require, as a condition of
15061506 opening or maintaining a business checking account, that the
15071507 applicant or account holder provide:
15081508 (1) if the business is a sole proprietorship:
15091509 (A) the name of the business owner;
15101510 (B) the physical address of the business;
15111511 (C) the home address of the business owner; and
15121512 (D) the driver's license number of the business
15131513 owner or the personal identification card number issued to the
15141514 business owner by the Texas Department of Motor Vehicles [Public
15151515 Safety]; or
15161516 (2) if the business is a corporation or other legal
15171517 entity, a copy of the business's certificate of incorporation or a
15181518 comparable document and an assumed name certificate, if any.
15191519 SECTION 85. Sections 62.001(a), (f), (h), and (i),
15201520 Government Code, are amended to read as follows:
15211521 (a) The jury wheel must be reconstituted by using, as the
15221522 source:
15231523 (1) the names of all persons on the current voter
15241524 registration lists from all the precincts in the county; and
15251525 (2) all names on a current list to be furnished by the
15261526 Texas Department of Motor Vehicles [Public Safety], showing the
15271527 citizens of the county who:
15281528 (A) hold a valid Texas driver's license or a
15291529 valid personal identification card or certificate issued by the
15301530 department; and
15311531 (B) are not disqualified from jury service under
15321532 Section 62.102(1), (2), or (8).
15331533 (f) The Texas Department of Motor Vehicles [Public Safety]
15341534 shall furnish a list to the secretary of state that shows the names
15351535 required under Subsection (a)(2) and that contains any of the
15361536 information enumerated in Subsection (c) that is available to the
15371537 department, including citizenship status and county of residence.
15381538 The list shall exclude the names of convicted felons, persons who
15391539 are not citizens of the United States, persons residing outside the
15401540 county, and the duplicate name of any registrant. The department
15411541 shall furnish the list to the secretary of state on or before the
15421542 first Monday in October of each year.
15431543 (h) If the secretary of state is unable to furnish the list
15441544 as provided in this section because of the failure of the voter
15451545 registrar to furnish the county voter registration list to the
15461546 secretary of state, the county tax assessor-collector, sheriff,
15471547 county clerk, and district clerk in the county shall meet at the
15481548 county courthouse between January 1 and January 15 of the following
15491549 year and shall reconstitute the jury wheel for the county, except as
15501550 provided under a plan adopted under Section 62.011. The deadlines
15511551 included in the plan control for preparing the list and
15521552 reconstituting the wheel. The secretary of state shall send the
15531553 list furnished by the Texas Department of Motor Vehicles [Public
15541554 Safety] as provided by Subsection (f) to the voter registrar, who
15551555 shall combine the lists as described in this section for use as the
15561556 juror source and certify the combined list as required of the
15571557 secretary of state under Subsection (g).
15581558 (i) The commissioners court may, instead of using the method
15591559 provided by Subsections (c) through (h), contract with another
15601560 governmental unit or a private person to combine the voter
15611561 registration list with the list furnished by the Texas Department
15621562 of Motor Vehicles [Public Safety]. Subsections (c) through (h) do
15631563 not apply to a county in which the commissioners court has
15641564 contracted with another governmental unit or a private person under
15651565 this subsection. The Texas Department of Motor Vehicles [Public
15661566 Safety] may not charge a fee for furnishing a list under this
15671567 subsection. Each list must contain the name, date of birth,
15681568 address, county of residence, and citizenship status of each person
15691569 listed. If practical, each list must contain any other information
15701570 useful in determining if the person is qualified to serve as a
15711571 juror.
15721572 SECTION 86. Section 72.016, Government Code, is amended to
15731573 read as follows:
15741574 Sec. 72.016. NOTIFICATION PROCEDURE FOR JUDICIAL PRIVACY.
15751575 The director shall develop a procedure to regularly notify county
15761576 registrars, the Texas Department of Motor Vehicles [Public Safety],
15771577 the Texas Ethics Commission, and any other state agency the office
15781578 determines should be notified of the judges, judges' spouses, and
15791579 related family members whose personal information must be kept from
15801580 public records, as provided under Sections 552.117 and 572.035 of
15811581 this code, Sections 13.0021 and 15.0215, Election Code, and Section
15821582 521.121, Transportation Code.
15831583 SECTION 87. Section 411.0201(a), Government Code, is
15841584 amended to read as follows:
15851585 (a) Except as provided by Subsection (b), the department may
15861586 photograph, microphotograph, or film [any record in connection with
15871587 the issuance of a driver's license or commercial driver's license
15881588 and] any record of any division of the department.
15891589 SECTION 88. Section 411.082(2), Government Code, is amended
15901590 to read as follows:
15911591 (2) "Criminal history record information" means
15921592 information collected about a person by a criminal justice agency
15931593 that consists of identifiable descriptions and notations of
15941594 arrests, detentions, indictments, informations, and other formal
15951595 criminal charges and their dispositions. The term does not
15961596 include:
15971597 (A) identification information, including
15981598 fingerprint records, to the extent that the identification
15991599 information does not indicate involvement of the person in the
16001600 criminal justice system; or
16011601 (B) driving record information maintained by the
16021602 Texas Department of Motor Vehicles [department] under Subchapter C,
16031603 Chapter 521, Transportation Code.
16041604 SECTION 89. Section 411.174(b), Government Code, is amended
16051605 to read as follows:
16061606 (b) An applicant must provide on the application a statement
16071607 of the applicant's:
16081608 (1) full name and place and date of birth;
16091609 (2) race and sex;
16101610 (3) residence and business addresses for the preceding
16111611 five years;
16121612 (4) hair and eye color;
16131613 (5) height and weight;
16141614 (6) driver's license number or identification
16151615 certificate number issued by the Texas Department of Motor Vehicles
16161616 [department];
16171617 (7) criminal history record information of the type
16181618 maintained by the department under this chapter, including a list
16191619 of offenses for which the applicant was arrested, charged, or under
16201620 an information or indictment and the disposition of the offenses;
16211621 and
16221622 (8) history, if any, of treatment received by,
16231623 commitment to, or residence in:
16241624 (A) a drug or alcohol treatment center licensed
16251625 to provide drug or alcohol treatment under the laws of this state or
16261626 another state, but only if the treatment, commitment, or residence
16271627 occurred during the preceding five years; or
16281628 (B) a psychiatric hospital.
16291629 SECTION 90. Section 411.179(a), Government Code, is amended
16301630 to read as follows:
16311631 (a) The department by rule shall adopt the form of the
16321632 license. A license must include:
16331633 (1) a number assigned to the license holder by the
16341634 department;
16351635 (2) a statement of the period for which the license is
16361636 effective;
16371637 (3) a photograph of the license holder;
16381638 (4) the license holder's full name, date of birth, hair
16391639 and eye color, height, weight, and signature;
16401640 (5) the license holder's residence address or, as
16411641 provided by Subsection (d), the street address of the courthouse in
16421642 which the license holder or license holder's spouse or parent
16431643 serves as a federal judge or the license holder serves as a state
16441644 judge;
16451645 (6) the number of a driver's license or an
16461646 identification certificate issued to the license holder by the
16471647 Texas Department of Motor Vehicles [department];
16481648 (7) the designation "VETERAN" if required under
16491649 Subsection (e);
16501650 (8) any at-risk designation for which the license
16511651 holder has established eligibility under Section 411.184; and
16521652 (9) if applicable, a protective order designation
16531653 under Section 411.1735.
16541654 SECTION 91. Section 411.205, Government Code, is amended to
16551655 read as follows:
16561656 Sec. 411.205. REQUIREMENT TO DISPLAY LICENSE. If a license
16571657 holder is carrying a handgun on or about the license holder's person
16581658 when a magistrate or a peace officer demands that the license holder
16591659 display identification, the license holder shall display:
16601660 (1) both the license holder's driver's license or
16611661 identification certificate issued by the Texas Department of Motor
16621662 Vehicles [department] and the license holder's handgun license; and
16631663 (2) if the license holder's handgun license bears a
16641664 protective order designation, a copy of the applicable court order
16651665 under which the license holder is protected.
16661666 SECTION 92. Sections 501.0165(a), (c), and (d), Government
16671667 Code, are amended to read as follows:
16681668 (a) Before discharging an inmate or releasing an inmate on
16691669 parole, mandatory supervision, or conditional pardon, the
16701670 department shall:
16711671 (1) determine whether the inmate has:
16721672 (A) a valid license issued under Chapter 521 or
16731673 522, Transportation Code; or
16741674 (B) a valid personal identification certificate
16751675 issued under Chapter 521, Transportation Code; and
16761676 (2) if the inmate does not have a valid license or
16771677 certificate described by Subdivision (1), submit to the Texas
16781678 Department of Motor Vehicles [Public Safety] on behalf of the
16791679 inmate a request for the issuance of a personal identification
16801680 certificate under Chapter 521, Transportation Code.
16811681 (c) The department, the Texas Department of Motor Vehicles
16821682 [Public Safety], and the bureau of vital statistics of the
16831683 Department of State Health Services shall by rule adopt a
16841684 memorandum of understanding that establishes their respective
16851685 responsibilities with respect to the issuance of a personal
16861686 identification certificate to an inmate, including
16871687 responsibilities related to verification of the inmate's identity.
16881688 The memorandum of understanding must require the Department of
16891689 State Health Services to electronically verify the birth record of
16901690 an inmate whose name and any other personal information is provided
16911691 by the department and to electronically report the recorded filing
16921692 information to the Texas Department of Motor Vehicles [Public
16931693 Safety] to validate the identity of an inmate under this section.
16941694 (d) The department shall reimburse the Texas Department of
16951695 Motor Vehicles [Public Safety] or the Department of State Health
16961696 Services for the actual costs incurred by those agencies in
16971697 performing responsibilities established under this section. The
16981698 department may charge an inmate for the actual costs incurred under
16991699 this section or the fees required by Section 521.421,
17001700 Transportation Code.
17011701 SECTION 93. Section 509.004(a), Government Code, is amended
17021702 to read as follows:
17031703 (a) The division shall require each department to:
17041704 (1) keep financial and statistical records determined
17051705 necessary by the division;
17061706 (2) submit a strategic plan and all supporting
17071707 information requested by the division;
17081708 (3) present data requested by the division as
17091709 necessary to determine the amount of state aid for which the
17101710 department is eligible;
17111711 (4) submit periodic financial audits and statistical
17121712 reports to the division; and
17131713 (5) submit to the Texas Department of Motor Vehicles
17141714 [Public Safety] the full name, address, date of birth, social
17151715 security number, and driver's license number of each person
17161716 restricted to the operation of a motor vehicle equipped with a
17171717 device that uses a deep-lung breath analysis mechanism to make
17181718 impractical the operation of the motor vehicle if ethyl alcohol is
17191719 detected in the breath of the restricted operator.
17201720 SECTION 94. Section 526.0356(a), Government Code, as
17211721 effective April 1, 2025, is amended to read as follows:
17221722 (a) The executive commissioner shall adopt rules to ensure
17231723 the safe and efficient provision of nonemergency transportation
17241724 services under this subchapter. The rules must:
17251725 (1) include minimum standards regarding the physical
17261726 condition and maintenance of motor vehicles used to provide the
17271727 services, including standards regarding the accessibility of motor
17281728 vehicles by individuals with disabilities;
17291729 (2) require a regional contracted broker to:
17301730 (A) verify that each motor vehicle operator
17311731 providing the services or seeking to provide the services has a
17321732 valid driver's license;
17331733 (B) check the driving record information
17341734 maintained by the Texas Department of Motor Vehicles [Public
17351735 Safety] under Subchapter C, Chapter 521, Transportation Code, of
17361736 each motor vehicle operator providing the services or seeking to
17371737 provide the services; and
17381738 (C) check the public criminal record information
17391739 maintained by the Department of Public Safety and made available to
17401740 the public through the department's Internet website of each motor
17411741 vehicle operator providing the services or seeking to provide the
17421742 services; and
17431743 (3) include training requirements for motor vehicle
17441744 operators providing the services through a regional contracted
17451745 broker, including training on:
17461746 (A) passenger safety;
17471747 (B) passenger assistance;
17481748 (C) assistive devices, including wheelchair
17491749 lifts, tie-down equipment, and child safety seats;
17501750 (D) sensitivity and diversity;
17511751 (E) customer service;
17521752 (F) defensive driving techniques; and
17531753 (G) prohibited behavior by motor vehicle
17541754 operators.
17551755 SECTION 95. Section 526.0357(a), Government Code, as
17561756 effective April 1, 2025, is amended to read as follows:
17571757 (a) The commission shall enter into a memorandum of
17581758 understanding with the Texas Department of Motor Vehicles [and the
17591759 Department of Public Safety] for purposes of obtaining the motor
17601760 vehicle registration and driver's license information of a medical
17611761 transportation services provider, including a regional contracted
17621762 broker and a subcontractor of the broker, to confirm the provider
17631763 complies with applicable requirements adopted under Section
17641764 526.0356(a).
17651765 SECTION 96. Section 540A.0152(d), Government Code, as
17661766 effective April 1, 2025, is amended to read as follows:
17671767 (d) The rules may not permit a motor vehicle operator to
17681768 provide nonmedical transportation services if the operator:
17691769 (1) has been convicted in the three-year period
17701770 preceding the issue date of the driving record obtained under
17711771 Subsection (c)(4) of:
17721772 (A) more than three offenses the Texas Department
17731773 of Motor Vehicles [Public Safety] classifies as moving violations;
17741774 or
17751775 (B) one or more of the following offenses:
17761776 (i) fleeing or attempting to elude a police
17771777 officer under Section 545.421, Transportation Code;
17781778 (ii) reckless driving under Section
17791779 545.401, Transportation Code;
17801780 (iii) driving without a valid driver's
17811781 license under Section 521.025, Transportation Code; or
17821782 (iv) driving with an invalid driver's
17831783 license under Section 521.457, Transportation Code;
17841784 (2) has been convicted in the preceding seven-year
17851785 period of any of the following:
17861786 (A) driving while intoxicated under Section
17871787 49.04 or 49.045, Penal Code;
17881788 (B) use of a motor vehicle to commit a felony;
17891789 (C) a felony crime involving property damage;
17901790 (D) fraud;
17911791 (E) theft;
17921792 (F) an act of violence; or
17931793 (G) an act of terrorism; or
17941794 (3) is found to be registered in the national sex
17951795 offender public website the United States Department of Justice or
17961796 a successor agency maintains.
17971797 SECTION 97. Section 546.0209, Government Code, as effective
17981798 April 1, 2025, is amended to read as follows:
17991799 Sec. 546.0209. REQUIREMENTS OF PARENT OR GUARDIAN ON
18001800 CHILD'S ADMISSION TO CERTAIN INSTITUTIONS. On the admission of a
18011801 child to an institution described by Section 546.0201(4)(A), (B),
18021802 or (D), the commission shall require the child's parent or guardian
18031803 to submit:
18041804 (1) an admission form that includes:
18051805 (A) the parent's or guardian's:
18061806 (i) name, address, and telephone number;
18071807 (ii) driver's license number and state of
18081808 issuance or personal identification card number the Texas
18091809 Department of Motor Vehicles [Public Safety] issued; and
18101810 (iii) place of employment and the
18111811 employer's address and telephone number; and
18121812 (B) the name, address, and telephone number of a
18131813 relative of the child or other individual whom the commission or
18141814 institution may contact in an emergency, a statement indicating the
18151815 relation between that individual and the child, and at the parent's
18161816 or guardian's option:
18171817 (i) that individual's driver's license
18181818 number and state of issuance or personal identification card number
18191819 the Texas Department of Motor Vehicles [Public Safety] issued; and
18201820 (ii) the name, address, and telephone
18211821 number of that individual's employer; and
18221822 (2) a signed acknowledgment of responsibility stating
18231823 that the parent or guardian agrees to:
18241824 (A) notify the institution in which the child is
18251825 placed of any changes to the information submitted under
18261826 Subdivision (1)(A); and
18271827 (B) make reasonable efforts to participate in the
18281828 child's life and in planning activities for the child.
18291829 SECTION 98. Section 555.003, Government Code, is amended to
18301830 read as follows:
18311831 Sec. 555.003. EXCEPTION. This chapter does not apply to
18321832 files that relate to drivers of motor vehicles and that are
18331833 maintained by the Texas Department of Motor Vehicles [Public
18341834 Safety] under Subchapter C, Chapter 521, Transportation Code.
18351835 SECTION 99. Section 12.013(b), Health and Safety Code, is
18361836 amended to read as follows:
18371837 (b) Based on the studies and investigations, the department
18381838 periodically shall recommend to the Department of Public Safety and
18391839 the Texas Department of Motor Vehicles appropriate policies,
18401840 standards, and procedures relating to those medical aspects.
18411841 SECTION 100. Section 12.092(b), Health and Safety Code, is
18421842 amended to read as follows:
18431843 (b) The medical advisory board shall assist:
18441844 (1) the Texas Department of Motor Vehicles [Public
18451845 Safety of the State of Texas] in determining whether[:
18461846 [(1)] an applicant for a driver's license or a license
18471847 holder is capable of safely operating a motor vehicle; and [or]
18481848 (2) the Department of Public Safety in determining
18491849 whether an applicant for or holder of a license to carry a handgun
18501850 under the authority of Subchapter H, Chapter 411, Government Code,
18511851 or an applicant for or holder of a commission as a security officer
18521852 under Chapter 1702, Occupations Code, is capable of exercising
18531853 sound judgment with respect to the proper use and storage of a
18541854 handgun.
18551855 SECTION 101. Sections 12.095(a) and (c), Health and Safety
18561856 Code, are amended to read as follows:
18571857 (a) If the Department of Public Safety of the State of Texas
18581858 or Texas Department of Motor Vehicles requests an opinion or
18591859 recommendation from the medical advisory board as to the ability of
18601860 an applicant or license holder to operate a motor vehicle safely or
18611861 to exercise sound judgment with respect to the proper use and
18621862 storage of a handgun, the commissioner or a person designated by the
18631863 commissioner shall convene a panel to consider the case or question
18641864 submitted by that department.
18651865 (c) Each panel member shall prepare an individual
18661866 independent written report for the Department of Public Safety of
18671867 the State of Texas or Texas Department of Motor Vehicles, as
18681868 appropriate, that states the member's opinion as to the ability of
18691869 the applicant or license holder to operate a motor vehicle safely or
18701870 to exercise sound judgment with respect to the proper use and
18711871 storage of a handgun, as appropriate. In the report the panel
18721872 member may also make recommendations relating to that department's
18731873 subsequent action.
18741874 SECTION 102. Section 12.096(a), Health and Safety Code, is
18751875 amended to read as follows:
18761876 (a) A physician licensed to practice medicine in this state
18771877 may inform the Department of Public Safety of the State of Texas,
18781878 the Texas Department of Motor Vehicles, or the medical advisory
18791879 board, orally or in writing, of the name, date of birth, and address
18801880 of a patient older than 15 years of age whom the physician has
18811881 diagnosed as having a disorder or disability specified in a rule of
18821882 the Department of Public Safety of the State of Texas or Texas
18831883 Department of Motor Vehicles.
18841884 SECTION 103. Section 12.097, Health and Safety Code, is
18851885 amended to read as follows:
18861886 Sec. 12.097. CONFIDENTIALITY REQUIREMENTS. (a) All
18871887 records, reports, and testimony relating to the medical condition
18881888 of an applicant or license holder:
18891889 (1) are for the confidential use of the medical
18901890 advisory board, a panel, the Texas Department of Motor Vehicles, or
18911891 the Department of Public Safety of the State of Texas;
18921892 (2) are privileged information; and
18931893 (3) may not be disclosed to any person or used as
18941894 evidence in a trial except as provided by Subsection (b).
18951895 (b) In a subsequent proceeding under Subchapter H, Chapter
18961896 411, Government Code, or Subchapter N, Chapter 521, Transportation
18971897 Code, the department may provide a copy of the report of the medical
18981898 advisory board or panel and a medical record or report relating to
18991899 an applicant or license holder to:
19001900 (1) the Department of Public Safety of the State of
19011901 Texas or Texas Department of Motor Vehicles, as appropriate;
19021902 (2) the applicant or license holder; and
19031903 (3) the officer who presides at the hearing.
19041904 SECTION 104. Sections 53.001(d) and (e), Health and Safety
19051905 Code, are amended to read as follows:
19061906 (d) The department, the Texas Department of Motor Vehicles,
19071907 and the Department of Public Safety shall post the information
19081908 described by Subsection (b) on each agency's respective Internet
19091909 websites.
19101910 (e) Appropriate health care facilities, blood banks, and
19111911 driver's license offices may access the informational materials
19121912 described by Subsection (b) on the Internet websites of the
19131913 department, the Texas Department of Motor Vehicles, and the
19141914 Department of Public Safety and print the materials to place in
19151915 their facilities, banks, or offices to provide to residents of this
19161916 state.
19171917 SECTION 105. Sections 54.002(c) and (d), Health and Safety
19181918 Code, as added by Chapter 88 (S.B. 1249), Acts of the 88th
19191919 Legislature, Regular Session, 2023, are amended to read as follows:
19201920 (c) The department and the Texas Department of Motor
19211921 Vehicles [Public Safety] shall post the information described by
19221922 Subsection (a) on each of the agency's Internet websites.
19231923 (d) Appropriate health care facilities, transplant centers,
19241924 organ procurement organizations, tissue banks, eye banks, and
19251925 driver's license offices may access the informational materials
19261926 described by Subsection (a) on the Internet websites of the
19271927 department and the Texas Department of Motor Vehicles [Public
19281928 Safety] and print the materials to place in their facilities or
19291929 offices to provide to residents of this state.
19301930 SECTION 106. Section 81.011, Health and Safety Code, is
19311931 amended to read as follows:
19321932 Sec. 81.011. REQUEST FOR INFORMATION. In times of
19331933 emergency or epidemic declared by the commissioner, the department
19341934 is authorized to request information pertaining to names, dates of
19351935 birth, and most recent addresses of individuals from the driver's
19361936 license records of the Texas Department of Motor Vehicles [Public
19371937 Safety] for the purpose of notification to individuals of the need
19381938 to receive certain immunizations or diagnostic, evaluation, or
19391939 treatment services for suspected communicable diseases.
19401940 SECTION 107. Section 191.010, Health and Safety Code, is
19411941 amended to read as follows:
19421942 Sec. 191.010. DEATH INFORMATION FOR TEXAS DEPARTMENT OF
19431943 MOTOR VEHICLES [PUBLIC SAFETY]. (a) The department shall
19441944 implement an efficient and effective method to verify death
19451945 information to assist the Texas Department of Motor Vehicles
19461946 [Public Safety] with maintaining records of holders of driver's
19471947 licenses and personal identification certificates in this state.
19481948 (b) The department shall enter into a memorandum of
19491949 understanding with the Texas Department of Motor Vehicles [Public
19501950 Safety] to implement this section. The memorandum of understanding
19511951 must include a mechanism for the department to provide to the Texas
19521952 Department of Motor Vehicles [Public Safety] death information that
19531953 includes unique identifiers, including social security numbers,
19541954 necessary to accurately match death records with driver's license
19551955 and personal identification certificate records.
19561956 SECTION 108. Section 481.077(d), Health and Safety Code, is
19571957 amended to read as follows:
19581958 (d) Before selling, transferring, or otherwise furnishing
19591959 to a person in this state a chemical precursor subject to Subsection
19601960 (a), a manufacturer, wholesaler, retailer, or other person shall:
19611961 (1) if the recipient does not represent a business,
19621962 obtain from the recipient:
19631963 (A) the recipient's driver's license number or
19641964 other personal identification certificate number, date of birth,
19651965 and residential or mailing address, other than a post office box
19661966 number, from a driver's license or personal identification
19671967 certificate issued by the Texas Department of Motor Vehicles
19681968 [department] that contains a photograph of the recipient;
19691969 (B) the year, state, and number of the motor
19701970 vehicle license of the motor vehicle owned or operated by the
19711971 recipient;
19721972 (C) a complete description of how the chemical
19731973 precursor is to be used; and
19741974 (D) the recipient's signature; or
19751975 (2) if the recipient represents a business, obtain
19761976 from the recipient:
19771977 (A) a letter of authorization from the business
19781978 that includes the business license or comptroller tax
19791979 identification number, address, area code, and telephone number and
19801980 a complete description of how the chemical precursor is to be used;
19811981 and
19821982 (B) the recipient's signature; and
19831983 (3) for any recipient, sign as a witness to the
19841984 signature and identification of the recipient.
19851985 SECTION 109. Section 481.080(e), Health and Safety Code, is
19861986 amended to read as follows:
19871987 (e) Before selling, transferring, or otherwise furnishing
19881988 to a person in this state a chemical laboratory apparatus subject to
19891989 Subsection (a), a manufacturer, wholesaler, retailer, or other
19901990 person shall:
19911991 (1) if the recipient does not represent a business,
19921992 obtain from the recipient:
19931993 (A) the recipient's driver's license number or
19941994 other personal identification certificate number, date of birth,
19951995 and residential or mailing address, other than a post office box
19961996 number, from a driver's license or personal identification
19971997 certificate issued by the Texas Department of Motor Vehicles
19981998 [department] that contains a photograph of the recipient;
19991999 (B) the year, state, and number of the motor
20002000 vehicle license of the motor vehicle owned or operated by the
20012001 recipient;
20022002 (C) a complete description of how the apparatus
20032003 is to be used; and
20042004 (D) the recipient's signature; or
20052005 (2) if the recipient represents a business, obtain
20062006 from the recipient:
20072007 (A) a letter of authorization from the business
20082008 that includes the business license or comptroller tax
20092009 identification number, address, area code, and telephone number and
20102010 a complete description of how the apparatus is to be used; and
20112011 (B) the recipient's signature; and
20122012 (3) for any recipient, sign as a witness to the
20132013 signature and identification of the recipient.
20142014 SECTION 110. Section 485.032(c), Health and Safety Code, is
20152015 amended to read as follows:
20162016 (c) It is an affirmative defense to prosecution under this
20172017 section that:
20182018 (1) the person making the delivery is an adult having
20192019 supervisory responsibility over the person younger than 18 years of
20202020 age and:
20212021 (A) the adult permits the use of the abusable
20222022 volatile chemical only under the adult's direct supervision and in
20232023 the adult's presence and only for its intended purpose; and
20242024 (B) the adult removes the chemical from the
20252025 person younger than 18 years of age on completion of that use; or
20262026 (2) the person to whom the abusable volatile chemical
20272027 was delivered presented to the defendant an apparently valid Texas
20282028 driver's license or an identification certificate, issued by the
20292029 Texas Department of Motor Vehicles [Public Safety of the State of
20302030 Texas] and containing a physical description consistent with the
20312031 person's appearance, that purported to establish that the person
20322032 was 18 years of age or older.
20332033 SECTION 111. Sections 692A.002(11) and (15), Health and
20342034 Safety Code, are amended to read as follows:
20352035 (11) "Driver's license" means a license or permit
20362036 issued by the Texas Department of Motor Vehicles [Public Safety] to
20372037 operate a vehicle, whether or not conditions are attached to the
20382038 license or permit.
20392039 (15) "Identification card" means an identification
20402040 card issued by the Texas Department of Motor Vehicles [Public
20412041 Safety].
20422042 SECTION 112. Sections 692A.014(a) and (b), Health and
20432043 Safety Code, are amended to read as follows:
20442044 (a) When a hospital refers an individual at or near death to
20452045 a procurement organization, the organization shall make a
20462046 reasonable search of the records of the Texas Department of Motor
20472047 Vehicles [Public Safety] and any donor registry that it knows
20482048 exists for the geographical area in which the individual resides to
20492049 ascertain whether the individual has made an anatomical gift.
20502050 (b) A procurement organization must be allowed reasonable
20512051 access to information in the records of the Texas Department of
20522052 Motor Vehicles [Public Safety] to ascertain whether an individual
20532053 at or near death is a donor.
20542054 SECTION 113. Sections 692A.020(a), (d), (e), (f), (g), (h),
20552055 (i), and (m), Health and Safety Code, are amended to read as
20562056 follows:
20572057 (a) A nonprofit organization designated by the Texas
20582058 Department of Motor Vehicles [Public Safety] shall maintain and
20592059 administer a statewide donor registry, to be known as the Glenda
20602060 Dawson Donate Life-Texas Registry.
20612061 (d) The Texas Department of Motor Vehicles [Public Safety]
20622062 at least monthly shall electronically transfer to the nonprofit
20632063 organization administering the registry the name, date of birth,
20642064 driver's license number, most recent address, and any other
20652065 relevant information in the possession of the Texas Department of
20662066 Motor Vehicles [Public Safety] for any person who indicates on the
20672067 person's driver's license application under Section 521.401,
20682068 Transportation Code, that the person would like to make an
20692069 anatomical gift.
20702070 (e) The nonprofit organization administering the registry
20712071 shall:
20722072 (1) make information obtained from the Texas
20732073 Department of Motor Vehicles [Public Safety] under Subsection (d)
20742074 available to procurement organizations;
20752075 (2) allow potential donors to submit information in
20762076 writing directly to the organization for inclusion in the
20772077 Internet-based registry;
20782078 (3) maintain the Internet-based registry in a manner
20792079 that allows procurement organizations to immediately access organ,
20802080 tissue, and eye donation information 24 hours a day, seven days a
20812081 week through electronic and telephonic methods; and
20822082 (4) protect the confidentiality and privacy of the
20832083 individuals providing information to the Internet-based registry,
20842084 regardless of the manner in which the information is provided.
20852085 (f) Except as otherwise provided by Subsection (e)(3) or
20862086 this subsection, the Texas Department of Motor Vehicles [Public
20872087 Safety], the nonprofit organization administering the registry, or
20882088 a procurement organization may not sell, rent, or otherwise share
20892089 any information provided to the Internet-based registry. A
20902090 procurement organization may share any information provided to the
20912091 registry with an organ procurement organization or a health care
20922092 provider or facility providing medical care to a potential donor as
20932093 necessary to properly identify an individual at the time of
20942094 donation.
20952095 (g) The Texas Department of Motor Vehicles [Public Safety],
20962096 the nonprofit organization administering the registry, or the
20972097 procurement organizations may not use any demographic or specific
20982098 data provided to the Internet-based registry for any fund-raising
20992099 activities. Data may only be transmitted from the selected
21002100 organization to procurement organizations through electronic and
21012101 telephonic methods using secure, encrypted technology to preserve
21022102 the integrity of the data and the privacy of the individuals
21032103 providing information.
21042104 (h) In each office authorized to issue driver's licenses or
21052105 personal identification certificates, the Texas Department of
21062106 Motor Vehicles [Public Safety] shall make available educational
21072107 materials developed by the nonprofit organization administering
21082108 the registry.
21092109 (i) The Glenda Dawson Donate Life-Texas Registry fund is
21102110 created as a trust fund outside the state treasury to be held by the
21112111 comptroller and administered by the Texas Department of Motor
21122112 Vehicles [Public Safety] as trustee on behalf of the statewide
21132113 donor registry maintained for the benefit of the citizens of this
21142114 state. The fund is composed of money deposited to the credit of the
21152115 fund under Sections 502.405(b), 521.008, and 522.0295,
21162116 Transportation Code, as provided by those sections. Money in the
21172117 fund shall be disbursed at least monthly, without appropriation, to
21182118 the nonprofit organization administering the registry to pay the
21192119 costs of:
21202120 (1) maintaining, operating, and updating the
21212121 Internet-based registry and establishing procedures for an
21222122 individual to be added to the registry;
21232123 (2) designing and distributing educational materials
21242124 for prospective donors as required under this section; and
21252125 (3) providing education under this chapter.
21262126 (m) The nonprofit organization administering the registry
21272127 may:
21282128 (1) implement a training program for all appropriate
21292129 Texas Department of Motor Vehicles [Public Safety] and Texas
21302130 Department of Transportation employees on the benefits of organ,
21312131 tissue, and eye donation and the procedures for individuals to be
21322132 added to the Internet-based registry; and
21332133 (2) conduct the training described by Subdivision (1)
21342134 on an ongoing basis for new employees.
21352135 SECTION 114. Section 841.0822, Health and Safety Code, is
21362136 amended to read as follows:
21372137 Sec. 841.0822. REQUIRED PROCEDURES BEFORE RELEASE FROM
21382138 SECURE CORRECTIONAL FACILITY. Before a committed person is
21392139 released from a secure correctional facility, the Texas Department
21402140 of Criminal Justice shall ensure that:
21412141 (1) the Texas Department of Motor Vehicles [Public
21422142 Safety] issues a personal identification card to the person; and
21432143 (2) the person completes an application for the
21442144 following federal benefits, as appropriate, for which the person
21452145 may be eligible:
21462146 (A) social security benefits, including
21472147 disability benefits, administered by the United States Social
21482148 Security Administration; and
21492149 (B) veterans benefits administered by the United
21502150 States Department of Veterans Affairs.
21512151 SECTION 115. Sections 841.153(a), (c), and (d), Health and
21522152 Safety Code, are amended to read as follows:
21532153 (a) On the release of a committed person from a correctional
21542154 facility, secure correctional facility, or secure detention
21552155 facility, as those terms are defined by Section 841.151, the office
21562156 shall:
21572157 (1) determine whether the person has:
21582158 (A) a valid license issued under Chapter 521 or
21592159 522, Transportation Code; or
21602160 (B) a valid personal identification certificate
21612161 issued under Chapter 521, Transportation Code; and
21622162 (2) if the person does not have a valid license or
21632163 certificate described by Subdivision (1), submit to the Texas
21642164 Department of Motor Vehicles [Public Safety] on behalf of the
21652165 person a request for the issuance of a personal identification
21662166 certificate under Chapter 521, Transportation Code.
21672167 (c) The office, the Texas Department of Motor Vehicles
21682168 [Public Safety], and the vital statistics unit of the Department of
21692169 State Health Services by rule shall adopt a memorandum of
21702170 understanding that establishes their respective responsibilities
21712171 with respect to the issuance of a personal identification
21722172 certificate to a committed person, including responsibilities
21732173 related to verification of the person's identity. The memorandum
21742174 of understanding must require the Department of State Health
21752175 Services to electronically verify the birth record of a committed
21762176 person whose name and any other personal information is provided by
21772177 the office and to electronically report the recorded filing
21782178 information to the Texas Department of Motor Vehicles [Public
21792179 Safety] to validate the identity of a committed person under this
21802180 section.
21812181 (d) The office shall reimburse the Texas Department of Motor
21822182 Vehicles [Public Safety] or the Department of State Health
21832183 Services, as applicable, for the actual costs incurred by those
21842184 agencies in performing responsibilities established under this
21852185 section. The office may charge a committed person for the actual
21862186 costs incurred under this section or for the fees required by
21872187 Section 521.421, Transportation Code.
21882188 SECTION 116. Section 23.002, Human Resources Code, is
21892189 amended to read as follows:
21902190 Sec. 23.002. LICENSING AUTHORITIES SUBJECT TO CHAPTER. In
21912191 this chapter, "licensing authority" means:
21922192 (1) the Parks and Wildlife Department; and
21932193 (2) the Texas Department of Motor Vehicles [Public
21942194 Safety of the State of Texas].
21952195 SECTION 117. Sections 245.0536(a), (c), and (d), Human
21962196 Resources Code, are amended to read as follows:
21972197 (a) Before releasing a child under supervision or finally
21982198 discharging a child, the department shall:
21992199 (1) determine whether the child has:
22002200 (A) a valid license issued under Chapter 521,
22012201 Transportation Code; or
22022202 (B) a valid personal identification certificate
22032203 issued under Chapter 521, Transportation Code; and
22042204 (2) if the child does not have a valid license or
22052205 certificate described by Subdivision (1), submit to the Texas
22062206 Department of Motor Vehicles [Public Safety] on behalf of the child
22072207 a request for the issuance of a personal identification certificate
22082208 under Chapter 521, Transportation Code.
22092209 (c) The department, the Texas Department of Motor Vehicles
22102210 [Public Safety], and the vital statistics unit of the Department of
22112211 State Health Services shall adopt a memorandum of understanding
22122212 that establishes their respective responsibilities with respect to
22132213 the issuance of a personal identification certificate to a child,
22142214 including responsibilities related to verification of the child's
22152215 identity. The memorandum of understanding must require the
22162216 Department of State Health Services to electronically verify the
22172217 birth record of a child whose name and any other personal
22182218 information is provided by the department and to electronically
22192219 report the recorded filing information to the Department of Public
22202220 Safety to validate the identity of a child under this section.
22212221 (d) The department shall reimburse the Texas Department of
22222222 Motor Vehicles [Public Safety] or the Department of State Health
22232223 Services for the actual costs incurred by those agencies in
22242224 performing responsibilities established under this section. The
22252225 department may charge the child's parent or guardian for the actual
22262226 costs incurred under this section or the fees required by Section
22272227 521.421, Transportation Code.
22282228 SECTION 118. Section 133.124, Local Government Code, is
22292229 amended to read as follows:
22302230 Sec. 133.124. ALLOCATION OF FEES TO TRANSPORTATION
22312231 ADMINISTRATIVE FEE ACCOUNT. The transportation administrative fee
22322232 account is an account in the general revenue fund. The account
22332233 consists of money allocated to the account under Section
22342234 133.102(e). Money in the account may be appropriated only to the
22352235 Texas Department of Motor Vehicles [Public Safety] to defray the
22362236 administrative costs associated with implementing Chapter 706,
22372237 Transportation Code.
22382238 SECTION 119. Section 1701.451(a), Occupations Code, is
22392239 amended to read as follows:
22402240 (a) Before a law enforcement agency may hire a person
22412241 licensed under this chapter, the agency must, on a form and in the
22422242 manner prescribed by the commission:
22432243 (1) obtain the person's written consent for the agency
22442244 to review the information required to be reviewed under this
22452245 section;
22462246 (2) request from the commission and any other
22472247 applicable person information required to be reviewed under this
22482248 section; and
22492249 (3) submit to the commission confirmation that the
22502250 agency, to the best of the agency's ability before hiring the
22512251 person:
22522252 (A) contacted each entity or individual
22532253 necessary to obtain the information required to be reviewed under
22542254 this section; and
22552255 (B) except as provided by Subsection (b),
22562256 obtained and reviewed as related to the person, as applicable:
22572257 (i) personnel files, as described by
22582258 Section 1701.4535, and other employee records from each previous
22592259 law enforcement agency employer, including the employment
22602260 application submitted to the previous employer;
22612261 (ii) employment termination reports and
22622262 misconduct investigation reports maintained by the commission
22632263 under this subchapter;
22642264 (iii) service records maintained by the
22652265 commission;
22662266 (iv) proof that the person meets the
22672267 minimum qualifications for enrollment in a training program under
22682268 Section 1701.251(a);
22692269 (v) a military veteran's United States
22702270 Department of Defense Form DD-214 or other military discharge
22712271 record;
22722272 (vi) criminal history record information;
22732273 (vii) information on pending warrants as
22742274 available through the Texas Crime Information Center and National
22752275 Crime Information Center;
22762276 (viii) evidence of financial
22772277 responsibility as required by Section 601.051, Transportation
22782278 Code;
22792279 (ix) a driving record from the Texas
22802280 Department of Motor Vehicles [Public Safety];
22812281 (x) proof of United States citizenship or,
22822282 if the person is an honorably discharged veteran of the armed forces
22832283 of the United States with at least two years of service before
22842284 discharge, proof of legal permanent residence and proof that the
22852285 person has applied for United States citizenship;
22862286 (xi) information on the person's background
22872287 from at least three personal references and at least two
22882288 professional references; and
22892289 (xii) information on the person's law
22902290 enforcement background as available through a database designated
22912291 by the commission under Section 1701.169 and, if applicable, a file
22922292 or record obtained by the commission under Section 1701.3035.
22932293 SECTION 120. Section 1805.051(d), Occupations Code, is
22942294 amended to read as follows:
22952295 (d) The list required by Subsection (c) must contain:
22962296 (1) the proposed seller's driver's license number or
22972297 Texas Department of Motor Vehicles [Public Safety] identification
22982298 card number, as recorded by the dealer on physical presentation of
22992299 the license or identification card by the seller;
23002300 (2) a complete and accurate description of each
23012301 business machine, including its serial number or other identifying
23022302 marks or symbols;
23032303 (3) the proposed seller's certification that the
23042304 information is true and complete; and
23052305 (4) if the business machine is delivered to the
23062306 secondhand dealer for sale or exchange at an auction, the make,
23072307 year, model, color, and registration number of the vehicle in which
23082308 the business machine is transported to the auction.
23092309 SECTION 121. Section 1805.052(b), Occupations Code, is
23102310 amended to read as follows:
23112311 (b) Except as provided by Section 1805.053, a report
23122312 required by this chapter must contain:
23132313 (1) the name and address of the seller of the business
23142314 machine;
23152315 (2) a complete and accurate description of the
23162316 business machine for which the report is made, including the serial
23172317 number or other identifying marks or symbols;
23182318 (3) the seller's certification that the information is
23192319 true and complete; and
23202320 (4) the seller's driver's license number or Texas
23212321 Department of Motor Vehicles [Public Safety] identification card
23222322 number, as recorded by the dealer on physical presentation of the
23232323 license or identification card by the seller.
23242324 SECTION 122. Section 1956.001(8), Occupations Code, is
23252325 amended to read as follows:
23262326 (8) "Personal identification document" means:
23272327 (A) a valid driver's license issued by a state in
23282328 the United States;
23292329 (B) a United States military identification
23302330 card; or
23312331 (C) a personal identification certificate issued
23322332 by the Texas Department of Motor Vehicles [department] under
23332333 Section 521.101, Transportation Code, or a corresponding card or
23342334 certificate issued by another state.
23352335 SECTION 123. Section 1956.062(c), Occupations Code, is
23362336 amended to read as follows:
23372337 (c) The dealer shall record the proposed seller's driver's
23382338 license number or [department] personal identification certificate
23392339 number on physical presentation of the license or personal
23402340 identification certificate by the seller. The record must
23412341 accompany the list.
23422342 SECTION 124. Section 2033.017(f), Occupations Code, is
23432343 amended to read as follows:
23442344 (f) It is an affirmative defense to prosecution of an
23452345 offense under Subsection (a) that the minor falsely represented the
23462346 minor's age by displaying to the person an apparently valid Texas
23472347 driver's license or identification card issued by the Texas
23482348 Department of Motor Vehicles [Public Safety] that contains a
23492349 physical description consistent with the minor's appearance.
23502350 SECTION 125. Section 2402.107(b), Occupations Code, is
23512351 amended to read as follows:
23522352 (b) A transportation network company may not permit an
23532353 individual to log in as a driver on the company's digital network if
23542354 the individual:
23552355 (1) has been convicted in the three-year period
23562356 preceding the issue date of the driving record obtained under
23572357 Subsection (a)(3) of:
23582358 (A) more than three offenses classified by the
23592359 Texas Department of Motor Vehicles [Public Safety] as moving
23602360 violations; or
23612361 (B) one or more of the following offenses:
23622362 (i) fleeing or attempting to elude a police
23632363 officer under Section 545.421, Transportation Code;
23642364 (ii) reckless driving under Section
23652365 545.401, Transportation Code;
23662366 (iii) driving without a valid driver's
23672367 license under Section 521.025, Transportation Code; or
23682368 (iv) driving with an invalid driver's
23692369 license under Section 521.457, Transportation Code;
23702370 (2) has been convicted in the preceding seven-year
23712371 period of any of the following:
23722372 (A) driving while intoxicated under Section
23732373 49.04 or 49.045, Penal Code;
23742374 (B) use of a motor vehicle to commit a felony;
23752375 (C) a felony crime involving property damage;
23762376 (D) fraud;
23772377 (E) theft;
23782378 (F) an act of violence; or
23792379 (G) an act of terrorism; or
23802380 (3) is found to be registered in the national sex
23812381 offender public website maintained by the United States Department
23822382 of Justice or a successor agency.
23832383 SECTION 126. Sections 11.43(f) and (m), Tax Code, are
23842384 amended to read as follows:
23852385 (f) The comptroller, in prescribing the contents of the
23862386 application form for each kind of exemption, shall ensure that the
23872387 form requires an applicant to furnish the information necessary to
23882388 determine the validity of the exemption claim. The form must
23892389 require an applicant to provide the applicant's name and driver's
23902390 license number, personal identification certificate number, or
23912391 social security account number. If the applicant is a charitable
23922392 organization with a federal tax identification number, the form
23932393 must allow the applicant to provide the organization's federal tax
23942394 identification number in lieu of a driver's license number,
23952395 personal identification certificate number, or social security
23962396 account number. The comptroller shall include on the forms a notice
23972397 of the penalties prescribed by Section 37.10, Penal Code, for
23982398 making or filing an application containing a false statement. The
23992399 comptroller shall include, on application forms for exemptions that
24002400 do not have to be claimed annually, a statement explaining that the
24012401 application need not be made annually and that if the exemption is
24022402 allowed, the applicant has a duty to notify the chief appraiser when
24032403 the applicant's entitlement to the exemption ends. In this
24042404 subsection:
24052405 (1) "Driver's license" has the meaning assigned that
24062406 term by Section 521.001, Transportation Code.
24072407 (2) "Personal identification certificate" means a
24082408 certificate issued by the Texas Department of Motor Vehicles
24092409 [Public Safety] under Subchapter E, Chapter 521, Transportation
24102410 Code.
24112411 (m) Notwithstanding Subsections (a) and (k), if a person who
24122412 receives an exemption under Section 11.13, other than an exemption
24132413 under Section 11.13(c) or (d) for an individual 65 years of age or
24142414 older, in a tax year becomes 65 years of age in the next tax year,
24152415 the person is entitled to receive and the chief appraiser shall
24162416 allow an exemption under Section 11.13(c) or (d) for an individual
24172417 65 years of age or older in that next tax year on the same property
24182418 without requiring the person to apply for or otherwise request the
24192419 exemption if the person's age is shown by:
24202420 (1) information in the records of the appraisal
24212421 district that was provided to the appraisal district by the
24222422 individual in an application for an exemption under Section 11.13
24232423 on the property or in correspondence relating to the property; or
24242424 (2) the information provided by the Texas Department
24252425 of Motor Vehicles [Public Safety] to the appraisal district under
24262426 Section 521.049, Transportation Code.
24272427 SECTION 127. Section 411.0085, Government Code, is
24282428 repealed.
24292429 SECTION 128. (a) Effective January 1, 2027, the powers and
24302430 duties of the Department of Public Safety with regard to driver's
24312431 licenses, personal identification certificates, and other
24322432 miscellaneous programs, powers, and duties are transferred to the
24332433 Texas Department of Motor Vehicles in accordance with this Act.
24342434 (b) Effective January 1, 2027, all rules of the Department
24352435 of Public Safety relating to driver's licenses, personal
24362436 identification certificates, and other miscellaneous programs,
24372437 powers, and duties are continued in effect as rules of the Texas
24382438 Department of Motor Vehicles until superseded by a rule of the Texas
24392439 Department of Motor Vehicles. A license or certification issued by
24402440 the Department of Public Safety relating to driver's licenses,
24412441 personal identification certificates, and other miscellaneous
24422442 programs, powers, and duties is continued in effect as provided by
24432443 the law in effect immediately before the effective date of this Act.
24442444 A complaint, investigation, contested case, or other proceeding
24452445 relating to driver's licenses, personal identification
24462446 certificates, and other miscellaneous programs, powers, and duties
24472447 that is pending on the effective date of this Act is continued
24482448 without change in status after the effective date of this Act. An
24492449 activity conducted by the Department of Public Safety relating to
24502450 driver's licenses, personal identification certificates, and other
24512451 miscellaneous programs, powers, and duties is considered to be an
24522452 activity conducted by the Texas Department of Motor Vehicles.
24532453 (c) On September 1, 2025, or as soon as possible after that
24542454 date, the public safety director of the Department of Public Safety
24552455 shall adopt a comprehensive plan to ensure the smooth transition of
24562456 all programs operated by the Department of Public Safety relating
24572457 to driver's licenses, personal identification certificates, and
24582458 other miscellaneous programs, powers, and duties before January 1,
24592459 2027, from the Department of Public Safety to the Texas Department
24602460 of Motor Vehicles.
24612461 SECTION 129. Effective January 1, 2027:
24622462 (1) all money, contracts, leases, rights, property,
24632463 records, and bonds and other obligations of the Department of
24642464 Public Safety relating to driver's licenses, personal
24652465 identification certificates, and other miscellaneous programs,
24662466 powers, and duties are transferred to the Texas Department of Motor
24672467 Vehicles; and
24682468 (2) an employee of the Department of Public Safety
24692469 driver license division and any employee of the Department of
24702470 Public Safety who primarily performs duties related to a power or
24712471 duty transferred under this Act become employees of the Texas
24722472 Department of Motor Vehicles.
24732473 SECTION 130. (a) The unobligated and unexpended balance of
24742474 any appropriations made to the Department of Public Safety in
24752475 connection with or relating to driver's licenses, personal
24762476 identification certificates, or other programs, powers, or duties
24772477 transferred under this Act, for the state fiscal biennium ending
24782478 August 31, 2027, is transferred to the Texas Department of Motor
24792479 Vehicles for the purpose of implementing the powers, duties,
24802480 obligations, and rights of action transferred to that department
24812481 under this Act.
24822482 (b) The Department of Public Safety shall continue, as
24832483 necessary, to perform the duties and functions being transferred to
24842484 the Texas Department of Motor Vehicles until the transfer of agency
24852485 duties and functions is complete.
24862486 SECTION 131. (a) The governing bodies of the Texas
24872487 Department of Motor Vehicles and the Department of Public Safety
24882488 shall enter into or revise a joint memorandum of understanding to
24892489 coordinate the Texas Department of Motor Vehicles' and the
24902490 Department of Public Safety's information systems to allow for the
24912491 sharing of information so that each department may effectively and
24922492 efficiently perform the functions and duties assigned to it.
24932493 Neither the Texas Department of Motor Vehicles nor the Department
24942494 of Public Safety may impose or collect a fee or charge in connection
24952495 with the sharing of information under the joint memorandum of
24962496 understanding entered into or revised under this section.
24972497 (b) The Texas Department of Motor Vehicles and the
24982498 Department of Public Safety shall implement the joint memorandum of
24992499 understanding using existing personnel and resources.
25002500 (c) Otherwise confidential information shared under the
25012501 memorandum of understanding remains subject to the same
25022502 confidentiality requirements and legal restrictions on access to
25032503 the information that are imposed by law on the department that
25042504 originally obtained or collected the information.
25052505 (d) Information may be shared under the memorandum of
25062506 understanding without the consent of the person who is the subject
25072507 of the information.
25082508 (e) The memorandum of understanding required by Subsection
25092509 (a) of this section must be entered into or revised at the first
25102510 official meeting of the board of the Texas Department of Motor
25112511 Vehicles occurring after the effective date of this Act.
25122512 SECTION 132. (a) In addition to the memorandum of
25132513 understanding required by this Act, the governing bodies of the
25142514 Texas Department of Motor Vehicles and the Department of Public
25152515 Safety may enter into or revise one or more other joint memoranda of
25162516 understanding necessary to effect the transfer of the powers and
25172517 duties of the Department of Public Safety to the Texas Department of
25182518 Motor Vehicles under this Act. A memorandum of understanding may
25192519 include an agreement for the provision of office space, utilities,
25202520 and other facility services; the need for full-time equivalent
25212521 positions of the Department of Public Safety to provide support
25222522 services in addition to the positions transferred to the Texas
25232523 Department of Motor Vehicles under this Act; other support
25242524 services; and the transfer of information technology as necessary
25252525 or appropriate to effect the transfer of the powers and duties of
25262526 the Department of Public Safety to the Texas Department of Motor
25272527 Vehicles.
25282528 (b) Subsections (b), (c), and (d) of Section 131 of this Act
25292529 apply to a memorandum of understanding entered into or revised
25302530 under Subsection (a) of this section.
25312531 SECTION 133. It is the intent of the 89th Legislature,
25322532 Regular Session, 2025, that the amendments made by this Act to
25332533 Section 54.002, Health and Safety Code, as added by Chapter 88 (S.B.
25342534 1249), Acts of the 88th Legislature, Regular Session, 2023, be
25352535 harmonized with another Act of the 89th Legislature, Regular
25362536 Session, 2025, relating to nonsubstantive additions to and
25372537 corrections in enacted codes.
25382538 SECTION 134. This Act takes effect immediately if it
25392539 receives a vote of two-thirds of all the members elected to each
25402540 house, as provided by Section 39, Article III, Texas Constitution.
25412541 If this Act does not receive the vote necessary for immediate
25422542 effect, this Act takes effect September 1, 2025.