1 | 1 | | 89R12650 MZM-D |
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2 | 2 | | By: Bettencourt S.B. No. 2048 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the assumption of the powers and duties relating to |
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10 | 10 | | driver's licenses, personal identification certificates, and other |
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11 | 11 | | related programs, powers, and duties by the Texas Department of |
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12 | 12 | | Motor Vehicles. |
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13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 14 | | SECTION 1. Section 192.005, Transportation Code, is amended |
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15 | 15 | | to read as follows: |
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16 | 16 | | Sec. 192.005. RECORD OF COLLISION OR VIOLATION. If a person |
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17 | 17 | | operating a railroad locomotive or train is involved in a collision |
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18 | 18 | | with another train or a motor vehicle or is arrested for violation |
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19 | 19 | | of a law relating to the person's operation of a railroad locomotive |
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20 | 20 | | or train: |
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21 | 21 | | (1) the number of or other identifying information on |
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22 | 22 | | the person's driver's license or commercial driver's license may not |
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23 | 23 | | be included in any report of the collision or violation; and |
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24 | 24 | | (2) the person's involvement in the collision or |
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25 | 25 | | violation may not be recorded in the person's individual driving |
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26 | 26 | | record maintained by the Texas Department of Motor Vehicles [Public |
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27 | 27 | | Safety]. |
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28 | 28 | | SECTION 2. Section 201.806(b), Transportation Code, is |
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29 | 29 | | amended to read as follows: |
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30 | 30 | | (b) The department shall provide electronic access to the |
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31 | 31 | | system containing the collision reports so that the Texas |
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32 | 32 | | Department of Motor Vehicles [Public Safety] can perform its |
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33 | 33 | | duties, including the duty to make timely entries on driver |
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34 | 34 | | records. |
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35 | 35 | | SECTION 3. Sections 502.357(b), (c), and (d), |
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36 | 36 | | Transportation Code, are amended to read as follows: |
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37 | 37 | | (b) Fees collected under this section shall be deposited to |
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38 | 38 | | the credit of the state highway fund except that the comptroller |
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39 | 39 | | shall provide for a portion of the fees to be deposited first to the |
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40 | 40 | | credit of a special fund in the state treasury outside the general |
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41 | 41 | | revenue fund to be known as the TexasSure Fund in a total amount |
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42 | 42 | | that is necessary to cover the total amount appropriated to the |
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43 | 43 | | Texas Department of Insurance from that fund and for the remaining |
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44 | 44 | | fees to be deposited to the state highway fund. Subject to |
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45 | 45 | | appropriations, the money deposited to the credit of the state |
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46 | 46 | | highway fund under this section may be used by the department |
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47 | 47 | | [Department of Public Safety] to: |
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48 | 48 | | (1) support the department's [Department of Public |
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49 | 49 | | Safety's] reengineering of the driver's license system to provide |
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50 | 50 | | for the issuance by the department [Department of Public Safety] of |
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51 | 51 | | a driver's license or personal identification certificate, to |
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52 | 52 | | include use of image comparison technology; and |
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53 | 53 | | (2) make lease payments to the master lease purchase |
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54 | 54 | | program for the financing of the driver's license reengineering |
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55 | 55 | | project. |
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56 | 56 | | (c) Subject to appropriation, fees collected under this |
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57 | 57 | | section may be used by the [Department of Public Safety, the] Texas |
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58 | 58 | | Department of Insurance, the Department of Information Resources, |
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59 | 59 | | and the department to carry out Subchapter N, Chapter 601. |
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60 | 60 | | (d) The [Department of Public Safety, the] Texas Department |
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61 | 61 | | of Insurance, the Department of Information Resources, and the |
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62 | 62 | | department shall jointly adopt rules and develop forms necessary to |
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63 | 63 | | administer this section. |
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64 | 64 | | SECTION 4. Sections 521.001(a)(1-a) and (2), |
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65 | 65 | | Transportation Code, are amended to read as follows: |
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66 | 66 | | (1-a) "Department" means the Texas Department of Motor |
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67 | 67 | | Vehicles [Public Safety]. |
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68 | 68 | | (2) "Director" means the executive [public safety] |
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69 | 69 | | director of the department. |
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70 | 70 | | SECTION 5. Section 521.001(c), Transportation Code, is |
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71 | 71 | | amended to read as follows: |
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72 | 72 | | (c) The department by rule may define types of vehicles that |
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73 | 73 | | are "motorcycles" for the purposes of this chapter, in addition to |
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74 | 74 | | those defined under Subsection (a)(6-a), and[. The Texas |
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75 | 75 | | Department of Motor Vehicles by rule may define the types of |
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76 | 76 | | vehicles that are "motorcycles"] for the purposes of Chapters 501, |
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77 | 77 | | 502, and 503. This subsection applies only to vehicles |
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78 | 78 | | manufactured by a manufacturer licensed under Chapter 2301, |
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79 | 79 | | Occupations Code. |
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80 | 80 | | SECTION 6. Subchapter C, Chapter 521, Transportation Code, |
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81 | 81 | | is amended by adding Section 521.064 to read as follows: |
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82 | 82 | | Sec. 521.064. REPRODUCTION OF RECORDS. (a) Except as |
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83 | 83 | | provided by Subsection (b), the department may photograph, |
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84 | 84 | | microphotograph, or film any record in connection with the issuance |
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85 | 85 | | of a driver's license or commercial driver's license. |
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86 | 86 | | (b) An original fingerprint card may not be photographed or |
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87 | 87 | | filmed to dispose of the original record. |
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88 | 88 | | (c) The department may create original records in |
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89 | 89 | | micrographic form on media, such as computer output microfilm. |
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90 | 90 | | (d) A photograph, microphotograph, or film of a record |
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91 | 91 | | reproduced under Subsection (a) is equivalent to the original |
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92 | 92 | | record for all purposes, including introduction as evidence in all |
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93 | 93 | | courts and administrative agency proceedings. A certified or |
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94 | 94 | | authenticated copy of such a photograph, microphotograph, or film |
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95 | 95 | | is admissible as evidence equally with the original photograph, |
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96 | 96 | | microphotograph, or film. |
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97 | 97 | | (e) The director or an authorized representative may |
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98 | 98 | | certify the authenticity of a photograph, microphotograph, or film |
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99 | 99 | | of a record reproduced under this section and shall charge a fee for |
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100 | 100 | | the certified photograph, microphotograph, or film as provided by |
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101 | 101 | | law. |
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102 | 102 | | (f) Certified records shall be furnished to any person who |
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103 | 103 | | is authorized by law to receive them. |
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104 | 104 | | SECTION 7. Section 521.103, Transportation Code, is amended |
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105 | 105 | | by adding Subsection (d) to read as follows: |
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106 | 106 | | (d) The Department of Public Safety may access any |
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107 | 107 | | photograph of a person described by Subsection (a) that is made |
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108 | 108 | | available to the department through the process of issuing a |
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109 | 109 | | personal identification certificate under this section, including |
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110 | 110 | | a renewal, duplicate, or corrected certificate, for use by the |
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111 | 111 | | Department of Public Safety for purposes of Article 62.005(c), Code |
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112 | 112 | | of Criminal Procedure. |
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113 | 113 | | SECTION 8. Section 521.247, Transportation Code, is amended |
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114 | 114 | | to read as follows: |
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115 | 115 | | Sec. 521.247. APPROVAL OF IGNITION INTERLOCK DEVICES BY |
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116 | 116 | | DEPARTMENT OF PUBLIC SAFETY. (a) The Department of Public Safety |
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117 | 117 | | [department] shall adopt rules for the approval of ignition |
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118 | 118 | | interlock devices used under this subchapter. |
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119 | 119 | | (b) The Department of Public Safety [department] by rule |
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120 | 120 | | shall establish general standards for the calibration and |
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121 | 121 | | maintenance of the devices. The manufacturer or an authorized |
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122 | 122 | | representative of the manufacturer is responsible for calibrating |
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123 | 123 | | and maintaining the device. |
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124 | 124 | | (c) If the Department of Public Safety [department] |
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125 | 125 | | approves a device, the Department of Public Safety [department] |
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126 | 126 | | shall notify the manufacturer of that approval in writing. Written |
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127 | 127 | | notice from the Department of Public Safety [department] to a |
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128 | 128 | | manufacturer is admissible in a civil or criminal proceeding in |
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129 | 129 | | this state. The manufacturer shall reimburse the Department of |
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130 | 130 | | Public Safety [department] for any cost incurred by the Department |
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131 | 131 | | of Public Safety [department] in approving the device. |
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132 | 132 | | (d) The Department of Public Safety [department] is not |
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133 | 133 | | liable in a civil or criminal proceeding that arises from the use of |
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134 | 134 | | an approved device. |
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135 | 135 | | SECTION 9. Section 521.2475, Transportation Code, is |
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136 | 136 | | amended to read as follows: |
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137 | 137 | | Sec. 521.2475. IGNITION INTERLOCK DEVICE EVALUATION. (a) |
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138 | 138 | | On January 1 of each year, the Department of Public Safety |
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139 | 139 | | [department] shall issue an evaluation of each ignition interlock |
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140 | 140 | | device approved under Section 521.247 using guidelines established |
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141 | 141 | | by the National Highway Traffic Safety Administration, including: |
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142 | 142 | | (1) whether the device provides accurate detection of |
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143 | 143 | | alveolar air; |
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144 | 144 | | (2) the moving retest abilities of the device; |
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145 | 145 | | (3) the use of tamper-proof blood alcohol content |
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146 | 146 | | level software by the device; |
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147 | 147 | | (4) the anticircumvention design of the device; |
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148 | 148 | | (5) the recalibration requirements of the device; and |
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149 | 149 | | (6) the breath action required by the operator. |
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150 | 150 | | (b) The Department of Public Safety [department] shall |
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151 | 151 | | assess the cost of preparing the evaluation equally against each |
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152 | 152 | | manufacturer of an approved device. |
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153 | 153 | | SECTION 10. Sections 521.2476(a), (b), (c), and (d), |
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154 | 154 | | Transportation Code, are amended to read as follows: |
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155 | 155 | | (a) The Department of Public Safety [department] by rule |
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156 | 156 | | shall establish: |
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157 | 157 | | (1) minimum standards for vendors of ignition |
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158 | 158 | | interlock devices who conduct business in this state; and |
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159 | 159 | | (2) procedures to ensure compliance with those |
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160 | 160 | | standards, including procedures for the inspection of a vendor's |
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161 | 161 | | facilities. |
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162 | 162 | | (b) The minimum standards shall require each vendor to: |
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163 | 163 | | (1) be authorized by the Department of Public Safety |
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164 | 164 | | [department] to do business in this state; |
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165 | 165 | | (2) install a device only if the device is approved |
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166 | 166 | | under Section 521.247; |
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167 | 167 | | (3) obtain liability insurance providing coverage for |
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168 | 168 | | damages arising out of the operation or use of devices in amounts |
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169 | 169 | | and under the terms specified by the Department of Public Safety |
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170 | 170 | | [department]; |
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171 | 171 | | (4) install the device and activate any |
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172 | 172 | | anticircumvention feature of the device within a reasonable time |
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173 | 173 | | after the vendor receives notice that installation is ordered by a |
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174 | 174 | | court; |
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175 | 175 | | (5) install and inspect the device in accordance with |
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176 | 176 | | any applicable court order; |
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177 | 177 | | (6) repair or replace a device not later than 48 hours |
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178 | 178 | | after receiving notice of a complaint regarding the operation of |
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179 | 179 | | the device; |
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180 | 180 | | (7) submit a written report of any violation of a court |
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181 | 181 | | order to that court and to the person's supervising officer, if any, |
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182 | 182 | | not later than 48 hours after the vendor discovers the violation; |
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183 | 183 | | (8) maintain a record of each action taken by the |
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184 | 184 | | vendor with respect to each device installed by the vendor, |
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185 | 185 | | including each action taken as a result of an attempt to circumvent |
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186 | 186 | | the device, until at least the fifth anniversary after the date of |
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187 | 187 | | installation; |
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188 | 188 | | (9) make a copy of the record available for inspection |
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189 | 189 | | by or send a copy of the record to any court, supervising officer, |
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190 | 190 | | or the Department of Public Safety [department] on request; and |
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191 | 191 | | (10) annually provide to the Department of Public |
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192 | 192 | | Safety [department] a written report of each service and ignition |
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193 | 193 | | interlock device feature made available by the vendor. |
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194 | 194 | | (c) The Department of Public Safety [department] may revoke |
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195 | 195 | | its [the department's] authorization for a vendor to do business in |
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196 | 196 | | this state if the vendor or an officer or employee of the vendor |
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197 | 197 | | violates: |
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198 | 198 | | (1) any law of this state that applies to the vendor; |
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199 | 199 | | or |
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200 | 200 | | (2) any rule adopted by the Department of Public |
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201 | 201 | | Safety [department] under this section or another law that applies |
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202 | 202 | | to the vendor. |
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203 | 203 | | (d) A vendor shall reimburse the Department of Public Safety |
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204 | 204 | | [department] for the reasonable cost of conducting each inspection |
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205 | 205 | | of the vendor's facilities under this section. |
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206 | 206 | | SECTION 11. Section 521.272, Transportation Code, is |
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207 | 207 | | amended by adding Subsection (e) to read as follows: |
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208 | 208 | | (e) The Department of Public Safety may access any |
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209 | 209 | | photograph of a person described by Subsection (a) that is made |
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210 | 210 | | available to the department through the process of issuing a |
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211 | 211 | | driver's license under this section, including a renewal, |
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212 | 212 | | duplicate, or corrected license, for use by the Department of |
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213 | 213 | | Public Safety for purposes of Article 62.005(c), Code of Criminal |
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214 | 214 | | Procedure. |
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215 | 215 | | SECTION 12. Section 521A.001, Transportation Code, is |
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216 | 216 | | amended by adding Subsection (i) to read as follows: |
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217 | 217 | | (i) In this section, "department" means the Texas |
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218 | 218 | | Department of Motor Vehicles. |
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219 | 219 | | SECTION 13. Section 522.003(8), Transportation Code, is |
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220 | 220 | | amended to read as follows: |
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221 | 221 | | (8) "Department" means the Texas Department of Motor |
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222 | 222 | | Vehicles [Public Safety]. |
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223 | 223 | | SECTION 14. Section 522.007, Transportation Code, is |
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224 | 224 | | amended to read as follows: |
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225 | 225 | | Sec. 522.007. EXEMPTION FOR NEIGHBORING STATES. (a) The |
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226 | 226 | | executive [public safety] director of the department shall enter |
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227 | 227 | | negotiations with an appropriate person or entity of a state |
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228 | 228 | | bordering this state for the purpose of applying the exemption |
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229 | 229 | | contained in Section 522.004(a)(1) to residents of that state. |
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230 | 230 | | (b) The executive [public safety] director of the |
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231 | 231 | | department may enter an agreement to apply the exemption contained |
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232 | 232 | | in Section 522.004(a)(1) to residents of a bordering state only if |
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233 | 233 | | that state extends a similar exemption to residents of this state. |
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234 | 234 | | SECTION 15. Sections 523.003(2) and (5), Transportation |
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235 | 235 | | Code, are amended to read as follows: |
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236 | 236 | | (2) "Executive director" means the executive director |
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237 | 237 | | of the Texas Department of Motor Vehicles [Public Safety] or the |
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238 | 238 | | equivalent officer of another state. |
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239 | 239 | | (5) "Licensing authority" means the Texas Department |
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240 | 240 | | of Motor Vehicles [Public Safety] or the equivalent agency of |
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241 | 241 | | another state. |
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242 | 242 | | SECTION 16. Sections 524.001(8) and (9), Transportation |
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243 | 243 | | Code, are amended to read as follows: |
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244 | 244 | | (8) "Department" means the Texas Department of Motor |
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245 | 245 | | Vehicles [Public Safety]. |
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246 | 246 | | (9) "Director" means the executive [public safety] |
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247 | 247 | | director of the department. |
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248 | 248 | | SECTION 17. Section 525.001(b), Transportation Code, is |
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249 | 249 | | amended to read as follows: |
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250 | 250 | | (b) The Texas Department of Motor Vehicles [Public Safety] |
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251 | 251 | | shall include motorcycle and bicycle awareness information in [any |
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252 | 252 | | edition of] the Texas driver's handbook [published after the |
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253 | 253 | | department exhausts the supply of the handbook that the department |
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254 | 254 | | had on September 1, 1993]. |
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255 | 255 | | SECTION 18. Section 543.112(b), Transportation Code, is |
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256 | 256 | | amended to read as follows: |
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257 | 257 | | (b) The uniform certificate of course completion must |
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258 | 258 | | include an identifying number by which the Texas Department of |
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259 | 259 | | Licensing and Regulation, the court, [or] the department, or the |
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260 | 260 | | Texas Department of Motor Vehicles may verify its authenticity with |
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261 | 261 | | the course provider and must be in a form adopted by the Texas |
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262 | 262 | | Department of Licensing and Regulation. |
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263 | 263 | | SECTION 19. Section 601.002(1), Transportation Code, is |
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264 | 264 | | amended to read as follows: |
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265 | 265 | | (1) "Department" means the Texas Department of Motor |
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266 | 266 | | Vehicles [Public Safety]. |
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267 | 267 | | SECTION 20. Subchapter A, Chapter 601, Transportation Code, |
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268 | 268 | | is amended by adding Section 601.010 to read as follows: |
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269 | 269 | | Sec. 601.010. ACCESS TO RECORDS BY DEPARTMENT OF PUBLIC |
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270 | 270 | | SAFETY. The Department of Public Safety may access the |
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271 | 271 | | department's records relating to the suspension of a driver's |
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272 | 272 | | license and vehicle registration under this chapter. |
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273 | 273 | | SECTION 21. Section 601.023, Transportation Code, is |
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274 | 274 | | amended to read as follows: |
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275 | 275 | | Sec. 601.023. PAYMENT OF STATUTORY FEES. The department |
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276 | 276 | | may pay[: |
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277 | 277 | | [(1) a statutory fee required by the Texas Department |
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278 | 278 | | of Motor Vehicles for a certified abstract or in connection with |
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279 | 279 | | suspension of a vehicle registration; or |
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280 | 280 | | [(2)] a statutory fee payable to the comptroller for |
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281 | 281 | | issuance of a certificate of deposit required by Section 601.122. |
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282 | 282 | | SECTION 22. Section 601.233(a), Transportation Code, is |
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283 | 283 | | amended to read as follows: |
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284 | 284 | | (a) A citation for an offense under Section 601.191 issued |
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285 | 285 | | as a result of Section 601.053 must include, in type larger than |
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286 | 286 | | other type on the citation, the following statement: |
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287 | 287 | | "A second or subsequent conviction of an offense under the Texas |
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288 | 288 | | Motor Vehicle Safety Responsibility Act will result in the |
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289 | 289 | | suspension of your driver's license unless you file and maintain |
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290 | 290 | | evidence of financial responsibility with the Texas Department of |
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291 | 291 | | Motor Vehicles [Public Safety] for two years from the date of |
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292 | 292 | | conviction. The department may waive the requirement to file |
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293 | 293 | | evidence of financial responsibility if you file satisfactory |
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294 | 294 | | evidence with the department showing that at the time this citation |
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295 | 295 | | was issued, the vehicle was covered by a motor vehicle liability |
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296 | 296 | | insurance policy or that you were otherwise exempt from the |
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297 | 297 | | requirements to provide evidence of financial responsibility." |
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298 | 298 | | SECTION 23. Section 601.451, Transportation Code, is |
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299 | 299 | | amended to read as follows: |
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300 | 300 | | Sec. 601.451. DEFINITION. In this subchapter, |
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301 | 301 | | "implementing agencies" means: |
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302 | 302 | | (1) the department; |
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303 | 303 | | (2) [the Texas Department of Motor Vehicles; |
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304 | 304 | | [(3)] the Texas Department of Insurance; and |
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305 | 305 | | (3) [(4)] the Department of Information Resources. |
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306 | 306 | | SECTION 24. Sections 643.253(g) and (h), Transportation |
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307 | 307 | | Code, are amended to read as follows: |
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308 | 308 | | (g) As soon as practicable after the date a person is |
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309 | 309 | | convicted of an offense under Subsection (b), the convicting court |
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310 | 310 | | shall notify the department [Department of Public Safety] of the |
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311 | 311 | | conviction. The notice must be in a form prescribed by the |
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312 | 312 | | department [Department of Public Safety] and must contain the |
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313 | 313 | | person's driver's license number. |
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314 | 314 | | (h) A conviction under Subsection (b) shall be recorded in |
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315 | 315 | | the person's driving record maintained by the department |
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316 | 316 | | [Department of Public Safety]. |
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317 | 317 | | SECTION 25. Section 662.011(a), Transportation Code, is |
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318 | 318 | | amended to read as follows: |
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319 | 319 | | (a) Of each fee collected under Sections 521.421(b) and (g) |
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320 | 320 | | and Sections 522.029(f) and (g), the Texas Department of Motor |
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321 | 321 | | Vehicles [Public Safety] shall send $5 to the comptroller for |
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322 | 322 | | deposit to the credit of the motorcycle education fund account. |
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323 | 323 | | SECTION 26. Section 703.001(2), Transportation Code, is |
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324 | 324 | | amended to read as follows: |
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325 | 325 | | (2) "Department" and "licensing authority" mean the |
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326 | 326 | | Texas Department of Motor Vehicles [Public Safety]. |
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327 | 327 | | SECTION 27. Section 706.001(2), Transportation Code, is |
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328 | 328 | | amended to read as follows: |
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329 | 329 | | (2) "Department" means the Texas Department of Motor |
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330 | 330 | | Vehicles [Public Safety]. |
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331 | 331 | | SECTION 28. Section 706.008(c), Transportation Code, is |
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332 | 332 | | amended to read as follows: |
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333 | 333 | | (c) Except for an action based on a citation issued by a |
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334 | 334 | | peace officer employed by the Department of Public Safety |
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335 | 335 | | [department], the vendor may not be compensated with state money. |
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336 | 336 | | SECTION 29. Section 724.001(7), Transportation Code, is |
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337 | 337 | | amended to read as follows: |
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338 | 338 | | (7) "Department" means the Texas Department of Motor |
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339 | 339 | | Vehicles [Public Safety]. |
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340 | 340 | | SECTION 30. Section 724.016, Transportation Code, is |
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341 | 341 | | amended to read as follows: |
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342 | 342 | | Sec. 724.016. BREATH SPECIMEN. (a) A breath specimen taken |
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343 | 343 | | at the request or order of a peace officer must be taken and |
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344 | 344 | | analyzed under rules of the Department of Public Safety |
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345 | 345 | | [department] by an individual possessing a certificate issued by |
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346 | 346 | | the Department of Public Safety [department] certifying that the |
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347 | 347 | | individual is qualified to perform the analysis. |
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348 | 348 | | (b) The Department of Public Safety [department] may: |
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349 | 349 | | (1) adopt rules approving satisfactory analytical |
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350 | 350 | | methods; and |
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351 | 351 | | (2) ascertain the qualifications of an individual to |
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352 | 352 | | perform the analysis. |
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353 | 353 | | (c) The Department of Public Safety [department] may revoke |
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354 | 354 | | a certificate for cause. |
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355 | 355 | | SECTION 31. Sections 724.032(a) and (b), Transportation |
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356 | 356 | | Code, are amended to read as follows: |
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357 | 357 | | (a) If a person refuses to submit to the taking of a |
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358 | 358 | | specimen, whether expressly or because of an intentional failure of |
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359 | 359 | | the person to give the specimen, the peace officer shall: |
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360 | 360 | | (1) serve notice of license suspension or denial on |
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361 | 361 | | the person; and |
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362 | 362 | | (2) make a written report of the refusal to the |
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363 | 363 | | executive director of the department. |
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364 | 364 | | (b) The executive director of the department must approve |
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365 | 365 | | the form of the refusal report. The report must: |
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366 | 366 | | (1) show the grounds for the officer's belief that the |
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367 | 367 | | person had been operating a motor vehicle or watercraft powered |
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368 | 368 | | with an engine having a manufacturer's rating of 50 horsepower or |
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369 | 369 | | above while intoxicated; and |
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370 | 370 | | (2) contain a copy of: |
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371 | 371 | | (A) the refusal statement requested under |
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372 | 372 | | Section 724.031; or |
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373 | 373 | | (B) a statement signed by the officer that the |
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374 | 374 | | person refused to: |
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375 | 375 | | (i) submit to the taking of the requested |
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376 | 376 | | specimen; and |
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377 | 377 | | (ii) sign the requested statement under |
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378 | 378 | | Section 724.031. |
---|
379 | 379 | | SECTION 32. Subchapter C, Chapter 724, Transportation Code, |
---|
380 | 380 | | is amended by adding Section 724.0345 to read as follows: |
---|
381 | 381 | | Sec. 724.0345. ACCESS TO RECORDS BY DEPARTMENT OF PUBLIC |
---|
382 | 382 | | SAFETY. The Department of Public Safety may access the |
---|
383 | 383 | | department's records relating to the suspension or denial of a |
---|
384 | 384 | | driver's license. |
---|
385 | 385 | | SECTION 33. Section 1001.004, Transportation Code, is |
---|
386 | 386 | | amended to read as follows: |
---|
387 | 387 | | Sec. 1001.004. DIVISIONS. The executive director shall |
---|
388 | 388 | | organize the department into divisions to accomplish the |
---|
389 | 389 | | department's functions and the duties assigned to the department, |
---|
390 | 390 | | including a division reporting directly to the executive director |
---|
391 | 391 | | and the deputy executive director that administers the following |
---|
392 | 392 | | duties: |
---|
393 | 393 | | (1) the issuance of driver's licenses under Chapters |
---|
394 | 394 | | 521 and 522; |
---|
395 | 395 | | (2) the issuance of personal identification |
---|
396 | 396 | | certificates under Chapter 521; |
---|
397 | 397 | | (3) the issuance of election identification |
---|
398 | 398 | | certificates under Chapter 521A; and |
---|
399 | 399 | | (4) the registration of voters during the issuance or |
---|
400 | 400 | | renewal of a driver's license or personal identification |
---|
401 | 401 | | certificate. |
---|
402 | 402 | | SECTION 34. Section 411.0111, Government Code, is |
---|
403 | 403 | | transferred to Chapter 1003, Transportation Code, and redesignated |
---|
404 | 404 | | as Section 1003.009, Transportation Code, to read as follows: |
---|
405 | 405 | | Sec. 1003.009 [411.0111]. PROVISION OF CERTAIN INFORMATION |
---|
406 | 406 | | TO COMPTROLLER. (a) Not later than June 1 of every fifth year, the |
---|
407 | 407 | | department shall provide to the comptroller, for the purpose of |
---|
408 | 408 | | assisting the comptroller in the identification of persons entitled |
---|
409 | 409 | | to unclaimed property reported to the comptroller, the name, |
---|
410 | 410 | | address, social security number, date of birth, and driver's |
---|
411 | 411 | | license or state identification number of each person about whom |
---|
412 | 412 | | the department has such information in its records. |
---|
413 | 413 | | (b) Information provided to the comptroller under this |
---|
414 | 414 | | section is confidential and may not be disclosed to the public. |
---|
415 | 415 | | (c) The department shall provide the information in the |
---|
416 | 416 | | format prescribed by rule of the comptroller. |
---|
417 | 417 | | SECTION 35. Section 106.03(b), Alcoholic Beverage Code, is |
---|
418 | 418 | | amended to read as follows: |
---|
419 | 419 | | (b) A person who sells a minor an alcoholic beverage does |
---|
420 | 420 | | not commit an offense if the minor falsely represents himself to be |
---|
421 | 421 | | 21 years old or older by displaying an apparently valid proof of |
---|
422 | 422 | | identification that contains a physical description and photograph |
---|
423 | 423 | | consistent with the minor's appearance, purports to establish that |
---|
424 | 424 | | the minor is 21 years of age or older, and was issued by a |
---|
425 | 425 | | governmental agency. The proof of identification may include a |
---|
426 | 426 | | driver's license or identification card issued by the Texas |
---|
427 | 427 | | Department of Motor Vehicles [Public Safety], a passport, or a |
---|
428 | 428 | | military identification card. |
---|
429 | 429 | | SECTION 36. Section 106.06(d), Alcoholic Beverage Code, is |
---|
430 | 430 | | amended to read as follows: |
---|
431 | 431 | | (d) A judge, acting under Chapter 42A, Code of Criminal |
---|
432 | 432 | | Procedure, who places a defendant charged with an offense under |
---|
433 | 433 | | this section on community supervision under that chapter shall, if |
---|
434 | 434 | | the defendant committed the offense at a gathering where |
---|
435 | 435 | | participants were involved in the abuse of alcohol, including binge |
---|
436 | 436 | | drinking or forcing or coercing individuals to consume alcohol, in |
---|
437 | 437 | | addition to any other condition imposed by the judge: |
---|
438 | 438 | | (1) require the defendant to: |
---|
439 | 439 | | (A) perform community service for not less than |
---|
440 | 440 | | 20 or more than 40 hours; and |
---|
441 | 441 | | (B) attend an alcohol awareness program approved |
---|
442 | 442 | | under Section 106.115; and |
---|
443 | 443 | | (2) order the Texas Department of Motor Vehicles |
---|
444 | 444 | | [Public Safety] to suspend the driver's license or permit of the |
---|
445 | 445 | | defendant or, if the defendant does not have a driver's license or |
---|
446 | 446 | | permit, to deny the issuance of a driver's license or permit to the |
---|
447 | 447 | | defendant for 180 days. |
---|
448 | 448 | | SECTION 37. Section 106.071(d), Alcoholic Beverage Code, is |
---|
449 | 449 | | amended to read as follows: |
---|
450 | 450 | | (d) In addition to any fine and any order issued under |
---|
451 | 451 | | Section 106.115: |
---|
452 | 452 | | (1) the court shall order a minor placed on deferred |
---|
453 | 453 | | disposition for or convicted of an offense to which this section |
---|
454 | 454 | | applies to perform community service for: |
---|
455 | 455 | | (A) not less than eight or more than 12 hours, if |
---|
456 | 456 | | the minor has not been previously convicted of an offense to which |
---|
457 | 457 | | this section applies; or |
---|
458 | 458 | | (B) not less than 20 or more than 40 hours, if the |
---|
459 | 459 | | minor has been previously convicted once of an offense to which this |
---|
460 | 460 | | section applies; and |
---|
461 | 461 | | (2) the court shall order the Texas Department of |
---|
462 | 462 | | Motor Vehicles [Public Safety] to suspend the driver's license or |
---|
463 | 463 | | permit of a minor convicted of an offense to which this section |
---|
464 | 464 | | applies or, if the minor does not have a driver's license or permit, |
---|
465 | 465 | | to deny the issuance of a driver's license or permit for: |
---|
466 | 466 | | (A) 30 days, if the minor has not been previously |
---|
467 | 467 | | convicted of an offense to which this section applies; |
---|
468 | 468 | | (B) 60 days, if the minor has been previously |
---|
469 | 469 | | convicted once of an offense to which this section applies; or |
---|
470 | 470 | | (C) 180 days, if the minor has been previously |
---|
471 | 471 | | convicted twice or more of an offense to which this section applies. |
---|
472 | 472 | | SECTION 38. Sections 106.115(b-2), (d), and (e), Alcoholic |
---|
473 | 473 | | Beverage Code, are amended to read as follows: |
---|
474 | 474 | | (b-2) For purposes of Subsection (b-1), if the defendant is |
---|
475 | 475 | | enrolled in an institution of higher education located in a county |
---|
476 | 476 | | in which access to an alcohol awareness program is readily |
---|
477 | 477 | | available, the court may consider the defendant to be a resident of |
---|
478 | 478 | | that county. If the defendant is not enrolled in such an |
---|
479 | 479 | | institution of higher education or if the court does not consider |
---|
480 | 480 | | the defendant to be a resident of the county in which the |
---|
481 | 481 | | institution is located, the defendant's residence is the residence |
---|
482 | 482 | | listed on the defendant's driver's license or personal |
---|
483 | 483 | | identification certificate issued by the Texas Department of Motor |
---|
484 | 484 | | Vehicles [Public Safety]. If the defendant does not have a |
---|
485 | 485 | | driver's license or personal identification certificate issued by |
---|
486 | 486 | | the Texas Department of Motor Vehicles [Public Safety], the |
---|
487 | 487 | | defendant's residence is the residence on the defendant's voter |
---|
488 | 488 | | registration certificate. If the defendant is not registered to |
---|
489 | 489 | | vote, the defendant's residence is the residence on file with the |
---|
490 | 490 | | public school district on which the defendant's enrollment is |
---|
491 | 491 | | based. If the defendant is not enrolled in public school, the |
---|
492 | 492 | | defendant's residence is determined by the court. |
---|
493 | 493 | | (d) If the defendant does not present the required evidence |
---|
494 | 494 | | within the prescribed period, the court: |
---|
495 | 495 | | (1) shall order the Texas Department of Motor Vehicles |
---|
496 | 496 | | [Public Safety] to: |
---|
497 | 497 | | (A) suspend the defendant's driver's license or |
---|
498 | 498 | | permit for a period not to exceed six months or, if the defendant |
---|
499 | 499 | | does not have a license or permit, to deny the issuance of a license |
---|
500 | 500 | | or permit to the defendant for that period; or |
---|
501 | 501 | | (B) if the defendant has been previously |
---|
502 | 502 | | convicted of an offense under one or more of the sections listed in |
---|
503 | 503 | | Subsection (a), suspend the defendant's driver's license or permit |
---|
504 | 504 | | for a period not to exceed one year or, if the defendant does not |
---|
505 | 505 | | have a license or permit, to deny the issuance of a license or |
---|
506 | 506 | | permit to the defendant for that period; and |
---|
507 | 507 | | (2) may order the defendant or the parent, managing |
---|
508 | 508 | | conservator, or guardian of the defendant to do any act or refrain |
---|
509 | 509 | | from doing any act if the court determines that doing the act or |
---|
510 | 510 | | refraining from doing the act will increase the likelihood that the |
---|
511 | 511 | | defendant will present evidence to the court that the defendant has |
---|
512 | 512 | | satisfactorily completed an alcohol awareness program or performed |
---|
513 | 513 | | the required hours of community service. |
---|
514 | 514 | | (e) The Texas Department of Motor Vehicles [Public Safety] |
---|
515 | 515 | | shall send notice of the suspension or prohibition order issued |
---|
516 | 516 | | under Subsection (d) by first class mail to the defendant. The |
---|
517 | 517 | | notice must include the date of the suspension or prohibition |
---|
518 | 518 | | order, the reason for the suspension or prohibition, and the period |
---|
519 | 519 | | covered by the suspension or prohibition. |
---|
520 | 520 | | SECTION 39. Section 106.15(e), Alcoholic Beverage Code, is |
---|
521 | 521 | | amended to read as follows: |
---|
522 | 522 | | (e) A person does not commit an offense under Subsection (a) |
---|
523 | 523 | | if the person younger than 18 years of age falsely represents the |
---|
524 | 524 | | person's age to be at least 18 years of age by displaying an |
---|
525 | 525 | | apparently valid Texas driver's license or an identification card |
---|
526 | 526 | | issued by the Texas Department of Motor Vehicles [Public Safety] |
---|
527 | 527 | | containing a physical description consistent with the person's |
---|
528 | 528 | | appearance. |
---|
529 | 529 | | SECTION 40. Section 20.23(b), Business & Commerce Code, is |
---|
530 | 530 | | amended to read as follows: |
---|
531 | 531 | | (b) Information or documentation that identifies a |
---|
532 | 532 | | protected consumer or a representative of a protected consumer is |
---|
533 | 533 | | considered sufficient proof of identity for purposes of this |
---|
534 | 534 | | subchapter, including: |
---|
535 | 535 | | (1) a social security number or a copy of the social |
---|
536 | 536 | | security card issued by the United States Social Security |
---|
537 | 537 | | Administration; |
---|
538 | 538 | | (2) a certified or official copy of a birth |
---|
539 | 539 | | certificate issued by the entity authorized to issue the birth |
---|
540 | 540 | | certificate; |
---|
541 | 541 | | (3) a copy of a driver's license or identification card |
---|
542 | 542 | | issued by the Texas Department of Motor Vehicles [Public Safety]; |
---|
543 | 543 | | or |
---|
544 | 544 | | (4) any other government-issued identification. |
---|
545 | 545 | | SECTION 41. Article 42.016, Code of Criminal Procedure, is |
---|
546 | 546 | | amended to read as follows: |
---|
547 | 547 | | Art. 42.016. SPECIAL DRIVER'S LICENSE OR IDENTIFICATION |
---|
548 | 548 | | REQUIREMENTS FOR CERTAIN SEX OFFENDERS. If a person is convicted |
---|
549 | 549 | | of, receives a grant of deferred adjudication for, or is |
---|
550 | 550 | | adjudicated as having engaged in delinquent conduct based on a |
---|
551 | 551 | | violation of an offense for which a conviction or adjudication |
---|
552 | 552 | | requires registration as a sex offender under Chapter 62, the court |
---|
553 | 553 | | shall: |
---|
554 | 554 | | (1) issue an order requiring the Texas Department of |
---|
555 | 555 | | Motor Vehicles [Public Safety] to include in any driver's license |
---|
556 | 556 | | record or personal identification certificate record maintained by |
---|
557 | 557 | | the department for the person: |
---|
558 | 558 | | (A) an indication that the person is subject to |
---|
559 | 559 | | the registration requirements of Chapter 62; and |
---|
560 | 560 | | (B) if applicable, an indication that the person |
---|
561 | 561 | | is subject to registration because the person was convicted of an |
---|
562 | 562 | | offense involving human trafficking under Chapter 20A, Penal Code; |
---|
563 | 563 | | (2) require the person to apply to the Texas |
---|
564 | 564 | | Department of Motor Vehicles [Public Safety] in person for an |
---|
565 | 565 | | original or renewal driver's license or personal identification |
---|
566 | 566 | | certificate not later than the 30th day after the date the person is |
---|
567 | 567 | | released or the date the department sends written notice to the |
---|
568 | 568 | | person of the requirements of Article 62.060, as applicable, and to |
---|
569 | 569 | | annually renew the license or certificate; |
---|
570 | 570 | | (3) notify the person of the consequence of the |
---|
571 | 571 | | conviction or order of deferred adjudication as it relates to the |
---|
572 | 572 | | order issued under this article; and |
---|
573 | 573 | | (4) send to the Texas Department of Motor Vehicles |
---|
574 | 574 | | [Public Safety] a copy of the record of conviction, a copy of the |
---|
575 | 575 | | order granting deferred adjudication, or a copy of the juvenile |
---|
576 | 576 | | adjudication, as applicable, and a copy of the order issued under |
---|
577 | 577 | | this article. |
---|
578 | 578 | | SECTION 42. Article 42A.406, Code of Criminal Procedure, is |
---|
579 | 579 | | amended to read as follows: |
---|
580 | 580 | | Art. 42A.406. EFFECT OF EDUCATIONAL PROGRAM REQUIREMENTS ON |
---|
581 | 581 | | DRIVING RECORD AND LICENSE. (a) If a defendant is required as a |
---|
582 | 582 | | condition of community supervision to successfully complete an |
---|
583 | 583 | | educational program under Article 42A.403 or 42A.404, or if the |
---|
584 | 584 | | court waives the educational program requirement under Article |
---|
585 | 585 | | 42A.403 or the defendant successfully completes education under |
---|
586 | 586 | | Article 42A.4045, the court clerk shall immediately report that |
---|
587 | 587 | | fact to the Texas Department of Motor Vehicles [Public Safety], on a |
---|
588 | 588 | | form prescribed by the department, for inclusion in the defendant's |
---|
589 | 589 | | driving record. If the court grants an extension of time in which |
---|
590 | 590 | | the defendant may complete the educational program under Article |
---|
591 | 591 | | 42A.403, the court clerk shall immediately report that fact to the |
---|
592 | 592 | | Texas Department of Motor Vehicles [Public Safety] on a form |
---|
593 | 593 | | prescribed by the department. The clerk's report under this |
---|
594 | 594 | | subsection must include the beginning date of the defendant's |
---|
595 | 595 | | community supervision. |
---|
596 | 596 | | (b) On the defendant's successful completion of an |
---|
597 | 597 | | educational program under Article 42A.403 or 42A.404, the |
---|
598 | 598 | | defendant's instructor shall give notice to the Texas Department of |
---|
599 | 599 | | Motor Vehicles [Public Safety] for inclusion in the defendant's |
---|
600 | 600 | | driving record and to the community supervision and corrections |
---|
601 | 601 | | department. The community supervision and corrections department |
---|
602 | 602 | | shall forward the notice to the court clerk for filing. |
---|
603 | 603 | | (c) [(b-1)] Upon release from a residential treatment |
---|
604 | 604 | | facility at which the person successfully completed education under |
---|
605 | 605 | | Article 42A.4045, at the request of the court clerk, the director of |
---|
606 | 606 | | the residential treatment facility shall give notice to the Texas |
---|
607 | 607 | | Department of Motor Vehicles [Public Safety] for inclusion in the |
---|
608 | 608 | | person's driving record. |
---|
609 | 609 | | (d) [(c)] If the Texas Department of Motor Vehicles [Public |
---|
610 | 610 | | Safety] does not receive notice that a defendant required to |
---|
611 | 611 | | complete an educational program has successfully completed the |
---|
612 | 612 | | program within the period required by the judge under this |
---|
613 | 613 | | subchapter, as shown on department records, the department, as |
---|
614 | 614 | | provided by Sections 521.344(e) and (f), Transportation Code, |
---|
615 | 615 | | shall: |
---|
616 | 616 | | (1) revoke the defendant's driver's license; or |
---|
617 | 617 | | (2) prohibit the defendant from obtaining a license. |
---|
618 | 618 | | (e) [(d)] The Texas Department of Motor Vehicles [Public |
---|
619 | 619 | | Safety] may not reinstate a license revoked under Subsection (d) |
---|
620 | 620 | | [(c)] as the result of an educational program requirement imposed |
---|
621 | 621 | | under Article 42A.403 unless the defendant whose license was |
---|
622 | 622 | | revoked applies to the department for reinstatement of the license |
---|
623 | 623 | | and pays to the department a reinstatement fee of $100. The Texas |
---|
624 | 624 | | Department of Motor Vehicles [Public Safety] shall remit all fees |
---|
625 | 625 | | collected under this subsection to the comptroller for deposit in |
---|
626 | 626 | | the general revenue fund. |
---|
627 | 627 | | SECTION 43. Articles 42A.407(c) and (e), Code of Criminal |
---|
628 | 628 | | Procedure, are amended to read as follows: |
---|
629 | 629 | | (c) If the Texas Department of Motor Vehicles [Public |
---|
630 | 630 | | Safety] receives notice that a defendant has been required to |
---|
631 | 631 | | successfully complete a subsequent educational program under |
---|
632 | 632 | | Article 42A.403 or 42A.404, although the previously required |
---|
633 | 633 | | completion had been waived, but the judge has not ordered a period |
---|
634 | 634 | | of suspension, the department shall: |
---|
635 | 635 | | (1) suspend the defendant's driver's license; or |
---|
636 | 636 | | (2) issue an order prohibiting the defendant from |
---|
637 | 637 | | obtaining a license for a period of one year. |
---|
638 | 638 | | (e) The suspension of a defendant's driver's license under |
---|
639 | 639 | | Subsection (d) shall be reported to the Texas Department of Motor |
---|
640 | 640 | | Vehicles [Public Safety] as provided under Section 521.347, |
---|
641 | 641 | | Transportation Code. |
---|
642 | 642 | | SECTION 44. Articles 45A.304(b) and (e), Code of Criminal |
---|
643 | 643 | | Procedure, are amended to read as follows: |
---|
644 | 644 | | (b) Notwithstanding Article 45A.303(b)(8), during a |
---|
645 | 645 | | deferral period ordered under this subchapter, the judge shall |
---|
646 | 646 | | require that a defendant described by Subsection (a): |
---|
647 | 647 | | (1) complete a driving safety course approved under |
---|
648 | 648 | | Chapter 1001, Education Code; and |
---|
649 | 649 | | (2) if the defendant holds a provisional license, be |
---|
650 | 650 | | examined by the Texas Department of Motor Vehicles [Public Safety] |
---|
651 | 651 | | as required by Section 521.161(b)(2), Transportation Code. |
---|
652 | 652 | | (e) The reimbursement fee collected under Subsection (d) |
---|
653 | 653 | | must be deposited to the credit of a special account in the general |
---|
654 | 654 | | revenue fund and may be used only by the Texas Department of Motor |
---|
655 | 655 | | Vehicles [Public Safety] for the administration of Chapter 521, |
---|
656 | 656 | | Transportation Code. |
---|
657 | 657 | | SECTION 45. Articles 45A.356(a) and (c), Code of Criminal |
---|
658 | 658 | | Procedure, are amended to read as follows: |
---|
659 | 659 | | (a) The court shall enter judgment on a defendant's plea of |
---|
660 | 660 | | nolo contendere or guilty at the time the plea is made, defer |
---|
661 | 661 | | imposition of the judgment, and allow the defendant a 90-day period |
---|
662 | 662 | | to successfully complete the approved driving safety course or |
---|
663 | 663 | | motorcycle operator training course and present to the court: |
---|
664 | 664 | | (1) a uniform certificate of completion of the driving |
---|
665 | 665 | | safety course or a verification of completion of the motorcycle |
---|
666 | 666 | | operator training course; |
---|
667 | 667 | | (2) unless the judge proceeds under Article 45A.359, |
---|
668 | 668 | | the defendant's driving record as maintained by the Texas |
---|
669 | 669 | | Department of Motor Vehicles [Public Safety], if any, showing that |
---|
670 | 670 | | the defendant has not completed an approved driving safety course |
---|
671 | 671 | | or motorcycle operator training course, as applicable, within the |
---|
672 | 672 | | 12-month period preceding the date of the offense; |
---|
673 | 673 | | (3) an affidavit stating that the defendant: |
---|
674 | 674 | | (A) was not taking a driving safety course or |
---|
675 | 675 | | motorcycle operator training course, as applicable, under this |
---|
676 | 676 | | subchapter on the date the request to take the course was made; and |
---|
677 | 677 | | (B) has not completed, within the 12-month period |
---|
678 | 678 | | preceding the date of the offense, a course described by Paragraph |
---|
679 | 679 | | (A) that is not shown on the defendant's driving record; and |
---|
680 | 680 | | (4) if the defendant does not have a Texas driver's |
---|
681 | 681 | | license or permit and is a member, or the spouse or dependent child |
---|
682 | 682 | | of a member, of the United States military forces serving on active |
---|
683 | 683 | | duty, an affidavit stating that the defendant: |
---|
684 | 684 | | (A) was not taking a driving safety course or |
---|
685 | 685 | | motorcycle operator training course, as applicable, in another |
---|
686 | 686 | | state on the date the request to take the course was made; and |
---|
687 | 687 | | (B) has not completed a course described by |
---|
688 | 688 | | Paragraph (A) within the 12-month period preceding the date of the |
---|
689 | 689 | | offense. |
---|
690 | 690 | | (c) If a defendant satisfies the requirements of Subsection |
---|
691 | 691 | | (a), the court shall: |
---|
692 | 692 | | (1) remove the judgment and dismiss the charge; |
---|
693 | 693 | | (2) report the fact that the defendant successfully |
---|
694 | 694 | | completed a driving safety course or a motorcycle operator training |
---|
695 | 695 | | course and the date of completion to the Texas Department of Motor |
---|
696 | 696 | | Vehicles [Public Safety] for inclusion in the defendant's driving |
---|
697 | 697 | | record; and |
---|
698 | 698 | | (3) state in the report under Subdivision (2) whether |
---|
699 | 699 | | the course was taken under this subchapter to provide information |
---|
700 | 700 | | necessary to determine eligibility to take a subsequent course |
---|
701 | 701 | | under Article 45A.352(a). |
---|
702 | 702 | | SECTION 46. Articles 45A.359(b), (c), and (f), Code of |
---|
703 | 703 | | Criminal Procedure, are amended to read as follows: |
---|
704 | 704 | | (b) As an alternative to receiving the defendant's driving |
---|
705 | 705 | | record under Article 45A.356(a)(2), the judge, at the time the |
---|
706 | 706 | | defendant requests a driving safety course or motorcycle operator |
---|
707 | 707 | | training course dismissal under this subchapter, may: |
---|
708 | 708 | | (1) require the defendant to pay a reimbursement fee |
---|
709 | 709 | | in an amount equal to the sum of the amount of: |
---|
710 | 710 | | (A) the fee established by Section 521.048, |
---|
711 | 711 | | Transportation Code; and |
---|
712 | 712 | | (B) the state electronic Internet portal fee; and |
---|
713 | 713 | | (2) use the state electronic Internet portal to |
---|
714 | 714 | | request that the Texas Department of Motor Vehicles [Public Safety] |
---|
715 | 715 | | provide the judge with a copy of the defendant's driving record |
---|
716 | 716 | | showing the information described by Section 521.047(b), |
---|
717 | 717 | | Transportation Code. |
---|
718 | 718 | | (c) As soon as practicable, the Texas Department of Motor |
---|
719 | 719 | | Vehicles [Public Safety] shall use the state electronic Internet |
---|
720 | 720 | | portal to provide the judge with the requested copy of the |
---|
721 | 721 | | defendant's driving record. |
---|
722 | 722 | | (f) The comptroller shall credit fees collected under |
---|
723 | 723 | | Subsection (e) to the Texas Department of Motor Vehicles [Public |
---|
724 | 724 | | Safety]. |
---|
725 | 725 | | SECTION 47. Article 45A.401(f), Code of Criminal Procedure, |
---|
726 | 726 | | is amended to read as follows: |
---|
727 | 727 | | (f) A charge dismissed under this article may not be part of |
---|
728 | 728 | | the defendant's criminal record or driving record or used for any |
---|
729 | 729 | | purpose, except that if the charge was for a traffic offense, the |
---|
730 | 730 | | court shall report to the Texas Department of Motor Vehicles |
---|
731 | 731 | | [Public Safety] the fact that the defendant successfully completed |
---|
732 | 732 | | the teen court program and the date of completion for inclusion in |
---|
733 | 733 | | the defendant's driving record. |
---|
734 | 734 | | SECTION 48. Articles 45A.461(c) and (f), Code of Criminal |
---|
735 | 735 | | Procedure, are amended to read as follows: |
---|
736 | 736 | | (c) If a child fails to obey an order of a justice or |
---|
737 | 737 | | municipal court under circumstances that would constitute contempt |
---|
738 | 738 | | of court, the justice or municipal court, after providing notice |
---|
739 | 739 | | and an opportunity to be heard, may: |
---|
740 | 740 | | (1) refer the child to the appropriate juvenile court |
---|
741 | 741 | | for delinquent conduct for contempt of the order; or |
---|
742 | 742 | | (2) retain jurisdiction of the case, hold the child in |
---|
743 | 743 | | contempt of court, and order that: |
---|
744 | 744 | | (A) the contemnor pay a fine not to exceed $500; |
---|
745 | 745 | | or |
---|
746 | 746 | | (B) the Texas Department of Motor Vehicles |
---|
747 | 747 | | [Public Safety] suspend the contemnor's driver's license or permit |
---|
748 | 748 | | or, if the contemnor does not have a license or permit, deny the |
---|
749 | 749 | | issuance of a license or permit to the contemnor until the contemnor |
---|
750 | 750 | | fully complies with the order. |
---|
751 | 751 | | (f) A justice or municipal court that orders suspension or |
---|
752 | 752 | | denial of a driver's license or permit under Subsection (c)(2)(B) |
---|
753 | 753 | | shall notify the Texas Department of Motor Vehicles [Public Safety] |
---|
754 | 754 | | on receiving proof of compliance with the orders of the justice or |
---|
755 | 755 | | municipal court. |
---|
756 | 756 | | SECTION 49. Article 62.053(a), Code of Criminal Procedure, |
---|
757 | 757 | | is amended to read as follows: |
---|
758 | 758 | | (a) Before a person who will be subject to registration |
---|
759 | 759 | | under this chapter is due to be released from a penal institution, |
---|
760 | 760 | | the Texas Department of Criminal Justice or the Texas Juvenile |
---|
761 | 761 | | Justice Department shall determine the person's level of risk to |
---|
762 | 762 | | the community using the sex offender screening tool developed or |
---|
763 | 763 | | selected under Article 62.007 and assign to the person a numeric |
---|
764 | 764 | | risk level of one, two, or three. Before releasing the person, an |
---|
765 | 765 | | official of the penal institution shall: |
---|
766 | 766 | | (1) inform the person that: |
---|
767 | 767 | | (A) not later than the later of the seventh day |
---|
768 | 768 | | after the date on which the person is released or after the date on |
---|
769 | 769 | | which the person moves from a previous residence to a new residence |
---|
770 | 770 | | in this state or not later than the first date the applicable local |
---|
771 | 771 | | law enforcement authority by policy allows the person to register |
---|
772 | 772 | | or verify registration, the person must register or verify |
---|
773 | 773 | | registration with the local law enforcement authority in the |
---|
774 | 774 | | municipality or county in which the person intends to reside; |
---|
775 | 775 | | (B) not later than the seventh day after the date |
---|
776 | 776 | | on which the person is released or the date on which the person |
---|
777 | 777 | | moves from a previous residence to a new residence in this state, |
---|
778 | 778 | | the person must, if the person has not moved to an intended |
---|
779 | 779 | | residence, report to the applicable entity or entities as required |
---|
780 | 780 | | by Article 62.051(h) or (j) or 62.055(e); |
---|
781 | 781 | | (C) not later than the seventh day before the |
---|
782 | 782 | | date on which the person moves to a new residence in this state or |
---|
783 | 783 | | another state, the person must report in person to the local law |
---|
784 | 784 | | enforcement authority designated as the person's primary |
---|
785 | 785 | | registration authority by the department and to the juvenile |
---|
786 | 786 | | probation officer, community supervision and corrections |
---|
787 | 787 | | department officer, or parole officer supervising the person; |
---|
788 | 788 | | (D) not later than the 10th day after the date on |
---|
789 | 789 | | which the person arrives in another state in which the person |
---|
790 | 790 | | intends to reside, the person must register with the law |
---|
791 | 791 | | enforcement agency that is identified by the department as the |
---|
792 | 792 | | agency designated by that state to receive registration |
---|
793 | 793 | | information, if the other state has a registration requirement for |
---|
794 | 794 | | sex offenders; |
---|
795 | 795 | | (E) not later than the 30th day after the date on |
---|
796 | 796 | | which the person is released, the person must apply to the Texas |
---|
797 | 797 | | Department of Motor Vehicles [department] in person for the |
---|
798 | 798 | | issuance of an original or renewal driver's license or personal |
---|
799 | 799 | | identification certificate and a failure to apply to the Texas |
---|
800 | 800 | | Department of Motor Vehicles [department] as required by this |
---|
801 | 801 | | paragraph results in the automatic revocation of any driver's |
---|
802 | 802 | | license or personal identification certificate issued by the Texas |
---|
803 | 803 | | Department of Motor Vehicles [department] to the person; |
---|
804 | 804 | | (F) the person must notify appropriate entities |
---|
805 | 805 | | of any change in status as described by Article 62.057; |
---|
806 | 806 | | (G) certain types of employment are prohibited |
---|
807 | 807 | | under Article 62.063 for a person with a reportable conviction or |
---|
808 | 808 | | adjudication for a sexually violent offense involving a victim |
---|
809 | 809 | | younger than 14 years of age and occurring on or after September 1, |
---|
810 | 810 | | 2013; |
---|
811 | 811 | | (H) certain locations of residence are |
---|
812 | 812 | | prohibited under Article 62.064 for a person with a reportable |
---|
813 | 813 | | conviction or adjudication for an offense occurring on or after |
---|
814 | 814 | | September 1, 2017, except as otherwise provided by that article; |
---|
815 | 815 | | and |
---|
816 | 816 | | (I) if the person enters the premises of a school |
---|
817 | 817 | | as described by Article 62.065 and is subject to the requirements of |
---|
818 | 818 | | that article, the person must immediately notify the administrative |
---|
819 | 819 | | office of the school of the person's presence and the person's |
---|
820 | 820 | | registration status under this chapter; |
---|
821 | 821 | | (2) require the person to sign a written statement |
---|
822 | 822 | | that the person was informed of the person's duties as described by |
---|
823 | 823 | | Subdivision (1) or Subsection (g) or, if the person refuses to sign |
---|
824 | 824 | | the statement, certify that the person was so informed; |
---|
825 | 825 | | (3) obtain the address or, if applicable, a detailed |
---|
826 | 826 | | description of each geographical location where the person expects |
---|
827 | 827 | | to reside on the person's release and other registration |
---|
828 | 828 | | information, including a photograph and complete set of |
---|
829 | 829 | | fingerprints; and |
---|
830 | 830 | | (4) complete the registration form for the person. |
---|
831 | 831 | | SECTION 50. Article 62.060, Code of Criminal Procedure, is |
---|
832 | 832 | | amended to read as follows: |
---|
833 | 833 | | Art. 62.060. REQUIREMENTS RELATING TO DRIVER'S LICENSE OR |
---|
834 | 834 | | PERSONAL IDENTIFICATION CERTIFICATE. (a) A person subject to |
---|
835 | 835 | | registration under this chapter shall apply to the Texas Department |
---|
836 | 836 | | of Motor Vehicles [department] in person for the issuance of, as |
---|
837 | 837 | | applicable, an original or renewal driver's license under Section |
---|
838 | 838 | | 521.272, Transportation Code, an original or renewal personal |
---|
839 | 839 | | identification certificate under Section 521.103, Transportation |
---|
840 | 840 | | Code, or an original or renewal commercial driver's license or |
---|
841 | 841 | | commercial learner's permit under Section 522.033, Transportation |
---|
842 | 842 | | Code, not later than the 30th day after the date: |
---|
843 | 843 | | (1) the person is released from a penal institution or |
---|
844 | 844 | | is released by a court on community supervision or juvenile |
---|
845 | 845 | | probation; or |
---|
846 | 846 | | (2) the Texas Department of Motor Vehicles |
---|
847 | 847 | | [department] sends written notice to the person of the requirements |
---|
848 | 848 | | of this article. |
---|
849 | 849 | | (b) The person shall annually renew in person each driver's |
---|
850 | 850 | | license or personal identification certificate issued by the Texas |
---|
851 | 851 | | Department of Motor Vehicles [department] to the person, including |
---|
852 | 852 | | each renewal, duplicate, or corrected license or certificate, until |
---|
853 | 853 | | the person's duty to register under this chapter expires. |
---|
854 | 854 | | SECTION 51. Article 62.2021(a), Code of Criminal Procedure, |
---|
855 | 855 | | is amended to read as follows: |
---|
856 | 856 | | (a) Notwithstanding Article 62.060(b), a person subject to |
---|
857 | 857 | | registration who is civilly committed as a sexually violent |
---|
858 | 858 | | predator and resides at a civil commitment center shall renew the |
---|
859 | 859 | | person's state-issued [department-issued] driver's license or |
---|
860 | 860 | | personal identification certificate as prescribed by Section |
---|
861 | 861 | | 521.103, 521.272, or 522.033, Transportation Code, as applicable. |
---|
862 | 862 | | SECTION 52. Article 65.053(a), Code of Criminal Procedure, |
---|
863 | 863 | | is amended to read as follows: |
---|
864 | 864 | | (a) Before a person who will be subject to registration |
---|
865 | 865 | | under this chapter is due to be released from a penal institution, |
---|
866 | 866 | | an official of the penal institution shall: |
---|
867 | 867 | | (1) inform the person that: |
---|
868 | 868 | | (A) not later than the seventh day after the date |
---|
869 | 869 | | on which the person is released or after the date on which the |
---|
870 | 870 | | person moves from a previous residence to a new residence in this |
---|
871 | 871 | | state, or not later than the first date the applicable local law |
---|
872 | 872 | | enforcement authority by policy allows the person to register or |
---|
873 | 873 | | verify registration, the person must register or verify |
---|
874 | 874 | | registration with the local law enforcement authority in the |
---|
875 | 875 | | municipality or county in which the person intends to reside; |
---|
876 | 876 | | (B) not later than the seventh day after the date |
---|
877 | 877 | | on which the person is released or the date on which the person |
---|
878 | 878 | | moves from a previous residence to a new residence in this state, |
---|
879 | 879 | | the person must, if the person has not moved to an intended |
---|
880 | 880 | | residence, report to the applicable entity or entities as required |
---|
881 | 881 | | by Article 65.051 or 65.054; |
---|
882 | 882 | | (C) not later than the seventh day before the |
---|
883 | 883 | | date on which the person moves to a new residence in this state or |
---|
884 | 884 | | another state, the person must report in person to the local law |
---|
885 | 885 | | enforcement authority designated as the person's registration |
---|
886 | 886 | | authority and to the officer supervising the person; |
---|
887 | 887 | | (D) not later than the 10th day after the date on |
---|
888 | 888 | | which the person arrives in another state in which the person |
---|
889 | 889 | | intends to reside, the person must register with the law |
---|
890 | 890 | | enforcement agency that is identified by the department as the |
---|
891 | 891 | | agency designated in that state to receive registration |
---|
892 | 892 | | information, if the other state has a registration requirement; |
---|
893 | 893 | | (E) not later than the 30th day after the date on |
---|
894 | 894 | | which the person is released, the person must apply to the Texas |
---|
895 | 895 | | Department of Motor Vehicles [department] in person for the |
---|
896 | 896 | | issuance of an original or renewal driver's license or personal |
---|
897 | 897 | | identification certificate and a failure to apply to the Texas |
---|
898 | 898 | | Department of Motor Vehicles [department] as required by this |
---|
899 | 899 | | paragraph results in the automatic revocation of any driver's |
---|
900 | 900 | | license or personal identification certificate issued by the Texas |
---|
901 | 901 | | Department of Motor Vehicles [department] to the person; and |
---|
902 | 902 | | (F) the person must notify appropriate entities |
---|
903 | 903 | | of any change in status as described by Article 65.055; |
---|
904 | 904 | | (2) require the person to sign a written statement |
---|
905 | 905 | | confirming that the person was informed of the person's duties as |
---|
906 | 906 | | described by Subdivision (1) or, if the person refuses to sign the |
---|
907 | 907 | | statement, certify that the person was so informed; |
---|
908 | 908 | | (3) obtain the address or, if applicable, a detailed |
---|
909 | 909 | | description of the geographical location where the person expects |
---|
910 | 910 | | to reside on the person's release and other registration |
---|
911 | 911 | | information, including a photograph and complete set of |
---|
912 | 912 | | fingerprints; and |
---|
913 | 913 | | (4) complete the registration form for the person. |
---|
914 | 914 | | SECTION 53. Article 65.058(a), Code of Criminal Procedure, |
---|
915 | 915 | | is amended to read as follows: |
---|
916 | 916 | | (a) A person subject to registration under this chapter |
---|
917 | 917 | | shall apply to the Texas Department of Motor Vehicles [department] |
---|
918 | 918 | | in person for the issuance of an original or renewal driver's |
---|
919 | 919 | | license under Section 521.272, Transportation Code, a personal |
---|
920 | 920 | | identification certificate under Section 521.103, Transportation |
---|
921 | 921 | | Code, or a commercial driver's license or commercial learner's |
---|
922 | 922 | | permit under Section 522.033, Transportation Code, not later than |
---|
923 | 923 | | the 30th day after the date: |
---|
924 | 924 | | (1) the person is released from a penal institution or |
---|
925 | 925 | | by a court; or |
---|
926 | 926 | | (2) the department sends written notice to the person |
---|
927 | 927 | | of the requirements of this article. |
---|
928 | 928 | | SECTION 54. Section 1001.056(d), Education Code, is amended |
---|
929 | 929 | | to read as follows: |
---|
930 | 930 | | (d) A certificate under this section must: |
---|
931 | 931 | | (1) be in a form required by the department; and |
---|
932 | 932 | | (2) include an identifying number by which the |
---|
933 | 933 | | department, a court, [or] the Department of Public Safety, or the |
---|
934 | 934 | | Texas Department of Motor Vehicles may verify its authenticity with |
---|
935 | 935 | | the driving safety provider. |
---|
936 | 936 | | SECTION 55. Section 1001.058(b), Education Code, is amended |
---|
937 | 937 | | to read as follows: |
---|
938 | 938 | | (b) The advisory committee consists of nine members |
---|
939 | 939 | | appointed for staggered six-year terms by the presiding officer of |
---|
940 | 940 | | the commission, with the approval of the commission, as follows: |
---|
941 | 941 | | (1) three driver education providers; |
---|
942 | 942 | | (2) three driving safety providers; |
---|
943 | 943 | | (3) one driver education instructor; |
---|
944 | 944 | | (4) the division head of the Texas Department of Motor |
---|
945 | 945 | | Vehicles [Public Safety] driver license division or the division |
---|
946 | 946 | | head's designee; and |
---|
947 | 947 | | (5) one member of the public. |
---|
948 | 948 | | SECTION 56. Section 1001.060, Education Code, is amended to |
---|
949 | 949 | | read as follows: |
---|
950 | 950 | | Sec. 1001.060. COORDINATION WITH TEXAS DEPARTMENT OF MOTOR |
---|
951 | 951 | | VEHICLES [PUBLIC SAFETY]. (a) The department shall enter into a |
---|
952 | 952 | | memorandum of understanding with the Texas Department of Motor |
---|
953 | 953 | | Vehicles [Public Safety] for: |
---|
954 | 954 | | (1) the interagency development of the content of |
---|
955 | 955 | | driver's license examinations and examination reference materials; |
---|
956 | 956 | | and |
---|
957 | 957 | | (2) any other matter the agencies consider |
---|
958 | 958 | | appropriate. |
---|
959 | 959 | | (b) The memorandum of understanding must authorize the |
---|
960 | 960 | | Texas Department of Motor Vehicles [Public Safety] to share with |
---|
961 | 961 | | the department any relevant information, including information |
---|
962 | 962 | | related to examination results. |
---|
963 | 963 | | SECTION 57. Section 13.002(c), Election Code, is amended to |
---|
964 | 964 | | read as follows: |
---|
965 | 965 | | (c) A registration application must include: |
---|
966 | 966 | | (1) the applicant's first name, middle name, if any, |
---|
967 | 967 | | last name, and former name, if any; |
---|
968 | 968 | | (2) the month, day, and year of the applicant's birth; |
---|
969 | 969 | | (3) a statement that the applicant is a United States |
---|
970 | 970 | | citizen; |
---|
971 | 971 | | (4) a statement that the applicant is a resident of the |
---|
972 | 972 | | county; |
---|
973 | 973 | | (5) a statement that the applicant has not been |
---|
974 | 974 | | determined by a final judgment of a court exercising probate |
---|
975 | 975 | | jurisdiction to be: |
---|
976 | 976 | | (A) totally mentally incapacitated; or |
---|
977 | 977 | | (B) partially mentally incapacitated without the |
---|
978 | 978 | | right to vote; |
---|
979 | 979 | | (6) a statement that the applicant has not been |
---|
980 | 980 | | finally convicted of a felony or that the applicant is a felon |
---|
981 | 981 | | eligible for registration under Section 13.001; |
---|
982 | 982 | | (7) the applicant's residence address or, if the |
---|
983 | 983 | | residence has no address, the address at which the applicant |
---|
984 | 984 | | receives mail and a concise description of the location of the |
---|
985 | 985 | | applicant's residence; |
---|
986 | 986 | | (8) the following information: |
---|
987 | 987 | | (A) the applicant's Texas driver's license number |
---|
988 | 988 | | or the number of a personal identification card issued by the Texas |
---|
989 | 989 | | Department of Motor Vehicles [Public Safety]; |
---|
990 | 990 | | (B) if the applicant has not been issued a number |
---|
991 | 991 | | described by Paragraph (A), the last four digits of the applicant's |
---|
992 | 992 | | social security number; or |
---|
993 | 993 | | (C) a statement by the applicant that the |
---|
994 | 994 | | applicant has not been issued a number described by Paragraph (A) or |
---|
995 | 995 | | (B); |
---|
996 | 996 | | (9) if the application is made by an agent, a statement |
---|
997 | 997 | | of the agent's relationship to the applicant; and |
---|
998 | 998 | | (10) the city and county in which the applicant |
---|
999 | 999 | | formerly resided. |
---|
1000 | 1000 | | SECTION 58. Section 13.004(c), Election Code, is amended to |
---|
1001 | 1001 | | read as follows: |
---|
1002 | 1002 | | (c) The following information furnished on a registration |
---|
1003 | 1003 | | application is confidential and does not constitute public |
---|
1004 | 1004 | | information for purposes of Chapter 552, Government Code: |
---|
1005 | 1005 | | (1) a social security number; |
---|
1006 | 1006 | | (2) a Texas driver's license number; |
---|
1007 | 1007 | | (3) a number of a personal identification card issued |
---|
1008 | 1008 | | by the Texas Department of Motor Vehicles [Public Safety]; |
---|
1009 | 1009 | | (4) the residence address of the applicant, if the |
---|
1010 | 1010 | | applicant is a federal judge, including a federal bankruptcy judge, |
---|
1011 | 1011 | | a marshal of the United States Marshals Service, a United States |
---|
1012 | 1012 | | attorney, or a state judge, a family member of a federal judge, |
---|
1013 | 1013 | | including a federal bankruptcy judge, a marshal of the United |
---|
1014 | 1014 | | States Marshals Service, a United States attorney, or a state |
---|
1015 | 1015 | | judge, the spouse of a peace officer as defined by Article 2A.001, |
---|
1016 | 1016 | | Code of Criminal Procedure, or an individual to whom Section |
---|
1017 | 1017 | | 552.1175, Government Code, or Section 521.1211, Transportation |
---|
1018 | 1018 | | Code, applies and the applicant: |
---|
1019 | 1019 | | (A) included an affidavit with the registration |
---|
1020 | 1020 | | application describing the applicant's status under this |
---|
1021 | 1021 | | subdivision, if the applicant is a federal judge, including a |
---|
1022 | 1022 | | federal bankruptcy judge, a marshal of the United States Marshals |
---|
1023 | 1023 | | Service, a United States attorney, or a state judge or a family |
---|
1024 | 1024 | | member of a federal judge, including a federal bankruptcy judge, a |
---|
1025 | 1025 | | marshal of the United States Marshals Service, a United States |
---|
1026 | 1026 | | attorney, or a state judge; |
---|
1027 | 1027 | | (B) provided the registrar with an affidavit |
---|
1028 | 1028 | | describing the applicant's status under this subdivision, if the |
---|
1029 | 1029 | | applicant is a federal judge, including a federal bankruptcy judge, |
---|
1030 | 1030 | | a marshal of the United States Marshals Service, a United States |
---|
1031 | 1031 | | attorney, or a state judge or a family member of a federal judge, |
---|
1032 | 1032 | | including a federal bankruptcy judge, a marshal of the United |
---|
1033 | 1033 | | States Marshals Service, a United States attorney, or a state |
---|
1034 | 1034 | | judge; or |
---|
1035 | 1035 | | (C) provided the registrar with a completed form |
---|
1036 | 1036 | | approved by the secretary of state for the purpose of notifying the |
---|
1037 | 1037 | | registrar of the applicant's status under this subdivision; |
---|
1038 | 1038 | | (5) the residence address of the applicant, if the |
---|
1039 | 1039 | | applicant, the applicant's child, or another person in the |
---|
1040 | 1040 | | applicant's household is a victim of family violence as defined by |
---|
1041 | 1041 | | Section 71.004, Family Code, who provided the registrar with: |
---|
1042 | 1042 | | (A) a copy of a protective order issued under |
---|
1043 | 1043 | | Chapter 85, Family Code, or a magistrate's order for emergency |
---|
1044 | 1044 | | protection issued under Article 17.292, Code of Criminal Procedure; |
---|
1045 | 1045 | | or |
---|
1046 | 1046 | | (B) other independent documentary evidence |
---|
1047 | 1047 | | necessary to show that the applicant, the applicant's child, or |
---|
1048 | 1048 | | another person in the applicant's household is a victim of family |
---|
1049 | 1049 | | violence; |
---|
1050 | 1050 | | (6) the residence address of the applicant, if the |
---|
1051 | 1051 | | applicant, the applicant's child, or another person in the |
---|
1052 | 1052 | | applicant's household is a victim of sexual assault or abuse, |
---|
1053 | 1053 | | stalking, or trafficking of persons who provided the registrar |
---|
1054 | 1054 | | with: |
---|
1055 | 1055 | | (A) a copy of a protective order issued under |
---|
1056 | 1056 | | Subchapter A or B, Chapter 7B, Code of Criminal Procedure, or a |
---|
1057 | 1057 | | magistrate's order for emergency protection issued under Article |
---|
1058 | 1058 | | 17.292, Code of Criminal Procedure; or |
---|
1059 | 1059 | | (B) other independent documentary evidence |
---|
1060 | 1060 | | necessary to show that the applicant, the applicant's child, or |
---|
1061 | 1061 | | another person in the applicant's household is a victim of sexual |
---|
1062 | 1062 | | assault or abuse, stalking, or trafficking of persons; |
---|
1063 | 1063 | | (7) the residence address of the applicant, if the |
---|
1064 | 1064 | | applicant: |
---|
1065 | 1065 | | (A) is a participant in the address |
---|
1066 | 1066 | | confidentiality program administered by the attorney general under |
---|
1067 | 1067 | | Subchapter B, Chapter 58, Code of Criminal Procedure; and |
---|
1068 | 1068 | | (B) provided the registrar with proof of |
---|
1069 | 1069 | | certification under Article 58.059, Code of Criminal Procedure; or |
---|
1070 | 1070 | | (8) the telephone number of any applicant submitting |
---|
1071 | 1071 | | documentation under Subdivision (4), (5), (6), or (7). |
---|
1072 | 1072 | | SECTION 59. Section 13.072(a), Election Code, is amended to |
---|
1073 | 1073 | | read as follows: |
---|
1074 | 1074 | | (a) Unless the registrar challenges the applicant, the |
---|
1075 | 1075 | | registrar shall approve the application if: |
---|
1076 | 1076 | | (1) the registrar determines that an application |
---|
1077 | 1077 | | complies with Section 13.002 and indicates that the applicant is |
---|
1078 | 1078 | | eligible for registration; and |
---|
1079 | 1079 | | (2) for an applicant who has not included a statement |
---|
1080 | 1080 | | described by Section 13.002(c)(8)(C), the registrar verifies with |
---|
1081 | 1081 | | the secretary of state: |
---|
1082 | 1082 | | (A) the applicant's Texas driver's license number |
---|
1083 | 1083 | | or number of a personal identification card issued by the Texas |
---|
1084 | 1084 | | Department of Motor Vehicles [Public Safety]; or |
---|
1085 | 1085 | | (B) the last four digits of the applicant's |
---|
1086 | 1086 | | social security number. |
---|
1087 | 1087 | | SECTION 60. Section 13.122(a), Election Code, is amended to |
---|
1088 | 1088 | | read as follows: |
---|
1089 | 1089 | | (a) In addition to the other statements and spaces for |
---|
1090 | 1090 | | entering information that appear on an officially prescribed |
---|
1091 | 1091 | | registration application form, each official form must include: |
---|
1092 | 1092 | | (1) the statement: "I understand that giving false |
---|
1093 | 1093 | | information to procure a voter registration is perjury and a crime |
---|
1094 | 1094 | | under state and federal law."; |
---|
1095 | 1095 | | (2) a space for the applicant's registration number; |
---|
1096 | 1096 | | (3) a space for the applicant's Texas driver's license |
---|
1097 | 1097 | | number or number of a personal identification card issued by the |
---|
1098 | 1098 | | Texas Department of Motor Vehicles [Public Safety]; |
---|
1099 | 1099 | | (4) a space for the applicant's telephone number; |
---|
1100 | 1100 | | (5) a space for the applicant's social security |
---|
1101 | 1101 | | number; |
---|
1102 | 1102 | | (6) a space for the applicant's sex; |
---|
1103 | 1103 | | (7) a statement indicating that the furnishing of the |
---|
1104 | 1104 | | applicant's telephone number and sex is optional; |
---|
1105 | 1105 | | (8) a space or box for indicating whether the |
---|
1106 | 1106 | | applicant or voter is submitting new registration information or a |
---|
1107 | 1107 | | change in current registration information; |
---|
1108 | 1108 | | (9) a statement instructing a voter who is using the |
---|
1109 | 1109 | | form to make a change in current registration information to enter |
---|
1110 | 1110 | | the voter's name and the changed information in the appropriate |
---|
1111 | 1111 | | spaces on the form; |
---|
1112 | 1112 | | (10) a statement that if the applicant declines to |
---|
1113 | 1113 | | register to vote, that fact will remain confidential and will be |
---|
1114 | 1114 | | used only for voter registration purposes; |
---|
1115 | 1115 | | (11) a statement that if the applicant does register |
---|
1116 | 1116 | | to vote, information regarding the agency or office to which the |
---|
1117 | 1117 | | application is submitted will remain confidential and will be used |
---|
1118 | 1118 | | only for voter registration purposes; |
---|
1119 | 1119 | | (12) a space or box for indicating whether the |
---|
1120 | 1120 | | applicant is interested in working as an election judge; |
---|
1121 | 1121 | | (13) a statement warning that a conviction for making |
---|
1122 | 1122 | | a false statement may result in imprisonment for up to the maximum |
---|
1123 | 1123 | | amount of time provided by law, a fine of up to the maximum amount |
---|
1124 | 1124 | | provided by law, or both the imprisonment and the fine; and |
---|
1125 | 1125 | | (14) any other voter registration information |
---|
1126 | 1126 | | required by federal law or considered appropriate and required by |
---|
1127 | 1127 | | the secretary of state. |
---|
1128 | 1128 | | SECTION 61. Section 15.054(a), Election Code, is amended to |
---|
1129 | 1129 | | read as follows: |
---|
1130 | 1130 | | (a) For purposes of Section 15.053, a voter's residence may |
---|
1131 | 1131 | | be documented by providing a photocopy of the first document, |
---|
1132 | 1132 | | beginning with Subdivision (1) and continuing through Subdivision |
---|
1133 | 1133 | | (6), in the following list that corresponds to the voter's |
---|
1134 | 1134 | | residence under Section 1.015: |
---|
1135 | 1135 | | (1) a driver's license issued to the voter by the Texas |
---|
1136 | 1136 | | Department of Motor Vehicles [Public Safety] that has not expired |
---|
1137 | 1137 | | or, if the voter has notified the department of a change of address |
---|
1138 | 1138 | | under Section 521.054, Transportation Code, an affidavit from the |
---|
1139 | 1139 | | voter stating the new address contained in the notification; |
---|
1140 | 1140 | | (2) a personal identification card issued to the voter |
---|
1141 | 1141 | | by the Texas Department of Motor Vehicles [Public Safety] that has |
---|
1142 | 1142 | | not expired or, if the voter has notified the department of a change |
---|
1143 | 1143 | | of address under Section 521.054, Transportation Code, an affidavit |
---|
1144 | 1144 | | from the voter stating the new address contained in the |
---|
1145 | 1145 | | notification; |
---|
1146 | 1146 | | (3) a license to carry a concealed handgun issued to |
---|
1147 | 1147 | | the voter by the Department of Public Safety that has not expired |
---|
1148 | 1148 | | or, if the voter has notified the department of a change of address |
---|
1149 | 1149 | | under Section 411.181, Government Code, an affidavit from the voter |
---|
1150 | 1150 | | stating the new address contained in the notification; |
---|
1151 | 1151 | | (4) an appraisal district document showing the address |
---|
1152 | 1152 | | the voter claims as a homestead in this state; |
---|
1153 | 1153 | | (5) a utility bill addressed to the voter's residence |
---|
1154 | 1154 | | address; or |
---|
1155 | 1155 | | (6) an official tax document or Texas Department of |
---|
1156 | 1156 | | Motor Vehicles document showing the registration address of a |
---|
1157 | 1157 | | vehicle the voter owns. |
---|
1158 | 1158 | | SECTION 62. Section 16.031(a), Election Code, is amended to |
---|
1159 | 1159 | | read as follows: |
---|
1160 | 1160 | | (a) The registrar shall cancel a voter's registration |
---|
1161 | 1161 | | immediately on receipt of: |
---|
1162 | 1162 | | (1) notice under Section 13.072(b), 15.021, or |
---|
1163 | 1163 | | 18.0681(d) or a response under Section 15.053 that the voter's |
---|
1164 | 1164 | | residence is outside the county; |
---|
1165 | 1165 | | (2) an abstract of the voter's death certificate under |
---|
1166 | 1166 | | Section 16.001(a) or an abstract of an application indicating that |
---|
1167 | 1167 | | the voter is deceased under Section 16.001(b); |
---|
1168 | 1168 | | (3) an abstract of a final judgment of the voter's |
---|
1169 | 1169 | | total mental incapacity, partial mental incapacity without the |
---|
1170 | 1170 | | right to vote, conviction of a felony, or disqualification under |
---|
1171 | 1171 | | Section 16.002, 16.003, or 16.004; |
---|
1172 | 1172 | | (4) notice under Section 112.012 that the voter has |
---|
1173 | 1173 | | applied for a limited ballot in another county; |
---|
1174 | 1174 | | (5) notice from a voter registration official in |
---|
1175 | 1175 | | another state that the voter has registered to vote outside this |
---|
1176 | 1176 | | state; |
---|
1177 | 1177 | | (6) notice from the early voting clerk under Section |
---|
1178 | 1178 | | 101.053 that a federal postcard application submitted by an |
---|
1179 | 1179 | | applicant states a voting residence address located outside the |
---|
1180 | 1180 | | registrar's county; or |
---|
1181 | 1181 | | (7) notice from the secretary of state that the voter |
---|
1182 | 1182 | | has registered to vote in another county, as determined by the |
---|
1183 | 1183 | | voter's driver's license number or personal identification card |
---|
1184 | 1184 | | number issued by the Texas Department of Motor Vehicles [Public |
---|
1185 | 1185 | | Safety] or social security number. |
---|
1186 | 1186 | | SECTION 63. Section 20.001(b), Election Code, is amended to |
---|
1187 | 1187 | | read as follows: |
---|
1188 | 1188 | | (b) The Texas Department of Motor Vehicles [Public Safety] |
---|
1189 | 1189 | | is designated as a voter registration agency. |
---|
1190 | 1190 | | SECTION 64. The heading to Subchapter C, Chapter 20, |
---|
1191 | 1191 | | Election Code, is amended to read as follows: |
---|
1192 | 1192 | | SUBCHAPTER C. TEXAS DEPARTMENT OF MOTOR VEHICLES [PUBLIC SAFETY] |
---|
1193 | 1193 | | SECTION 65. Section 20.061, Election Code, is amended to |
---|
1194 | 1194 | | read as follows: |
---|
1195 | 1195 | | Sec. 20.061. APPLICABILITY OF OTHER PROVISIONS. The other |
---|
1196 | 1196 | | provisions of this chapter apply to the Texas Department of Motor |
---|
1197 | 1197 | | Vehicles [Public Safety] except provisions that conflict with this |
---|
1198 | 1198 | | subchapter. |
---|
1199 | 1199 | | SECTION 66. Section 20.062(a), Election Code, is amended to |
---|
1200 | 1200 | | read as follows: |
---|
1201 | 1201 | | (a) The Texas Department of Motor Vehicles [Public Safety] |
---|
1202 | 1202 | | shall prescribe and use a form and procedure that combines the |
---|
1203 | 1203 | | department's application form for a license or card with an |
---|
1204 | 1204 | | officially prescribed voter registration application form. |
---|
1205 | 1205 | | SECTION 67. Section 20.063(a), Election Code, is amended to |
---|
1206 | 1206 | | read as follows: |
---|
1207 | 1207 | | (a) The Texas Department of Motor Vehicles [Public Safety] |
---|
1208 | 1208 | | shall provide to each person who applies in person at the |
---|
1209 | 1209 | | department's offices for an original or renewal of a driver's |
---|
1210 | 1210 | | license, a personal identification card, or a duplicate or |
---|
1211 | 1211 | | corrected license or card an opportunity to complete a voter |
---|
1212 | 1212 | | registration application form. |
---|
1213 | 1213 | | SECTION 68. Section 20.064, Election Code, is amended to |
---|
1214 | 1214 | | read as follows: |
---|
1215 | 1215 | | Sec. 20.064. DECLINATION FORM NOT REQUIRED. The Texas |
---|
1216 | 1216 | | Department of Motor Vehicles [Public Safety] is not required to |
---|
1217 | 1217 | | comply with the procedures prescribed by this chapter relating to |
---|
1218 | 1218 | | the form for a declination of voter registration. |
---|
1219 | 1219 | | SECTION 69. Section 20.065(a), Election Code, is amended to |
---|
1220 | 1220 | | read as follows: |
---|
1221 | 1221 | | (a) At the end of each day a Texas Department of Motor |
---|
1222 | 1222 | | Vehicles [Public Safety] office is regularly open for business, the |
---|
1223 | 1223 | | manager of the office shall deliver by mail or in person to the |
---|
1224 | 1224 | | voter registrar of the county in which the office is located each |
---|
1225 | 1225 | | completed voter registration application and applicable change of |
---|
1226 | 1226 | | address submitted to a department employee. |
---|
1227 | 1227 | | SECTION 70. Section 20.066(a), Election Code, is amended to |
---|
1228 | 1228 | | read as follows: |
---|
1229 | 1229 | | (a) If a person completes a voter registration application |
---|
1230 | 1230 | | as provided by Section 20.063, the Texas Department of Motor |
---|
1231 | 1231 | | Vehicles [Public Safety] shall: |
---|
1232 | 1232 | | (1) input the information provided on the application |
---|
1233 | 1233 | | into the department's electronic data system; and |
---|
1234 | 1234 | | (2) inform the applicant that the applicant's |
---|
1235 | 1235 | | electronic signature provided to the department will be used for |
---|
1236 | 1236 | | submitting the applicant's voter registration application. |
---|
1237 | 1237 | | SECTION 71. Section 31.013(b), Election Code, is amended to |
---|
1238 | 1238 | | read as follows: |
---|
1239 | 1239 | | (b) In establishing the program, the secretary of state |
---|
1240 | 1240 | | shall consult with the Department of Public Safety and Texas |
---|
1241 | 1241 | | Department of Motor Vehicles on the creation of the program, |
---|
1242 | 1242 | | security relating to the issuance of an election identification |
---|
1243 | 1243 | | certificate, best practices in issuing an election identification |
---|
1244 | 1244 | | certificate, and equipment required to issue an election |
---|
1245 | 1245 | | identification certificate. |
---|
1246 | 1246 | | SECTION 72. Section 63.0101(a), Election Code, is amended |
---|
1247 | 1247 | | to read as follows: |
---|
1248 | 1248 | | (a) The following documentation is an acceptable form of |
---|
1249 | 1249 | | photo identification under this chapter: |
---|
1250 | 1250 | | (1) a driver's license, election identification |
---|
1251 | 1251 | | certificate, or personal identification card issued to the person |
---|
1252 | 1252 | | by the Texas Department of Motor Vehicles [Public Safety] that has |
---|
1253 | 1253 | | not expired or that expired no earlier than four years before the |
---|
1254 | 1254 | | date of presentation; |
---|
1255 | 1255 | | (2) a United States military identification card that |
---|
1256 | 1256 | | contains the person's photograph that has not expired or that |
---|
1257 | 1257 | | expired no earlier than four years before the date of presentation; |
---|
1258 | 1258 | | (3) a United States citizenship certificate issued to |
---|
1259 | 1259 | | the person that contains the person's photograph; |
---|
1260 | 1260 | | (4) a United States passport book or card issued to the |
---|
1261 | 1261 | | person that has not expired or that expired no earlier than four |
---|
1262 | 1262 | | years before the date of presentation; or |
---|
1263 | 1263 | | (5) a license to carry a handgun issued to the person |
---|
1264 | 1264 | | by the Department of Public Safety that has not expired or that |
---|
1265 | 1265 | | expired no earlier than four years before the date of presentation. |
---|
1266 | 1266 | | SECTION 73. Section 65.060, Election Code, is amended to |
---|
1267 | 1267 | | read as follows: |
---|
1268 | 1268 | | Sec. 65.060. DISCLOSURE OF SOCIAL SECURITY, DRIVER'S |
---|
1269 | 1269 | | LICENSE, OR PERSONAL IDENTIFICATION NUMBER ON PROVISIONAL BALLOT |
---|
1270 | 1270 | | AFFIDAVIT. A social security number, Texas driver's license |
---|
1271 | 1271 | | number, or number of a personal identification card issued by the |
---|
1272 | 1272 | | Texas Department of Motor Vehicles [Public Safety] furnished on a |
---|
1273 | 1273 | | provisional ballot affidavit is confidential and does not |
---|
1274 | 1274 | | constitute public information for purposes of Chapter 552, |
---|
1275 | 1275 | | Government Code. The general custodian of election records shall |
---|
1276 | 1276 | | ensure that a social security number, Texas driver's license |
---|
1277 | 1277 | | number, or number of a personal identification card issued by the |
---|
1278 | 1278 | | Texas Department of Motor Vehicles [Public Safety] is excluded from |
---|
1279 | 1279 | | disclosure. |
---|
1280 | 1280 | | SECTION 74. Section 84.002(a), Election Code, is amended to |
---|
1281 | 1281 | | read as follows: |
---|
1282 | 1282 | | (a) An early voting ballot application must include: |
---|
1283 | 1283 | | (1) the applicant's name and the address at which the |
---|
1284 | 1284 | | applicant is registered to vote; |
---|
1285 | 1285 | | (1-a) the following information: |
---|
1286 | 1286 | | (A) the number of the applicant's driver's |
---|
1287 | 1287 | | license, election identification certificate, or personal |
---|
1288 | 1288 | | identification card issued by the Texas Department of Motor |
---|
1289 | 1289 | | Vehicles [Public Safety]; |
---|
1290 | 1290 | | (B) if the applicant has not been issued a number |
---|
1291 | 1291 | | described by Paragraph (A), the last four digits of the applicant's |
---|
1292 | 1292 | | social security number; or |
---|
1293 | 1293 | | (C) a statement by the applicant that the |
---|
1294 | 1294 | | applicant has not been issued a number described by Paragraph (A) or |
---|
1295 | 1295 | | (B); |
---|
1296 | 1296 | | (2) for an application for a ballot to be voted by mail |
---|
1297 | 1297 | | on the ground of absence from the county of residence, the address |
---|
1298 | 1298 | | outside the applicant's county of residence to which the ballot is |
---|
1299 | 1299 | | to be mailed; |
---|
1300 | 1300 | | (3) for an application for a ballot to be voted by mail |
---|
1301 | 1301 | | on the ground of age or disability, the address of the hospital, |
---|
1302 | 1302 | | nursing home or other long-term care facility, or retirement |
---|
1303 | 1303 | | center, or of a person related to the applicant within the second |
---|
1304 | 1304 | | degree by affinity or the third degree by consanguinity, as |
---|
1305 | 1305 | | determined under Chapter 573, Government Code, if the applicant is |
---|
1306 | 1306 | | living at that address and that address is different from the |
---|
1307 | 1307 | | address at which the applicant is registered to vote; |
---|
1308 | 1308 | | (4) for an application for a ballot to be voted by mail |
---|
1309 | 1309 | | on the ground of confinement in jail, the address of the jail or of a |
---|
1310 | 1310 | | person related to the applicant within the degree described by |
---|
1311 | 1311 | | Subdivision (3); |
---|
1312 | 1312 | | (5) for an application for a ballot to be voted by mail |
---|
1313 | 1313 | | on any ground, an indication of each election for which the |
---|
1314 | 1314 | | applicant is applying for a ballot; |
---|
1315 | 1315 | | (6) an indication of the ground of eligibility for |
---|
1316 | 1316 | | early voting; and |
---|
1317 | 1317 | | (7) for an application for a ballot to be voted by mail |
---|
1318 | 1318 | | on the ground of involuntary civil commitment, the address of the |
---|
1319 | 1319 | | facility operated by or under contract with the Texas Civil |
---|
1320 | 1320 | | Commitment Office or of a person related to the applicant within the |
---|
1321 | 1321 | | degree of consanguinity described by Subdivision (3). |
---|
1322 | 1322 | | SECTION 75. Section 86.002(g), Election Code, is amended to |
---|
1323 | 1323 | | read as follows: |
---|
1324 | 1324 | | (g) The carrier envelope must include a space that is hidden |
---|
1325 | 1325 | | from view when the envelope is sealed for the voter to enter the |
---|
1326 | 1326 | | following information: |
---|
1327 | 1327 | | (1) the number of the voter's driver's license, |
---|
1328 | 1328 | | election identification certificate, or personal identification |
---|
1329 | 1329 | | card issued by the Texas Department of Motor Vehicles [Public |
---|
1330 | 1330 | | Safety]; |
---|
1331 | 1331 | | (2) if the voter has not been issued a number described |
---|
1332 | 1332 | | by Subdivision (1), the last four digits of the voter's social |
---|
1333 | 1333 | | security number; or |
---|
1334 | 1334 | | (3) a statement by the applicant that the applicant |
---|
1335 | 1335 | | has not been issued a number described by Subdivision (1) or (2). |
---|
1336 | 1336 | | SECTION 76. Section 86.015(b), Election Code, is amended to |
---|
1337 | 1337 | | read as follows: |
---|
1338 | 1338 | | (b) The online tool developed or provided under Subsection |
---|
1339 | 1339 | | (a) must require the voter to provide, before permitting the voter |
---|
1340 | 1340 | | to access information described by that subsection: |
---|
1341 | 1341 | | (1) the voter's name and date of birth and the last |
---|
1342 | 1342 | | four digits of the voter's social security number; and |
---|
1343 | 1343 | | (2) the voter's: |
---|
1344 | 1344 | | (A) driver's license number; or |
---|
1345 | 1345 | | (B) personal identification card number issued |
---|
1346 | 1346 | | by the Texas Department of Motor Vehicles [Public Safety]. |
---|
1347 | 1347 | | SECTION 77. Section 2.005(b), Family Code, is amended to |
---|
1348 | 1348 | | read as follows: |
---|
1349 | 1349 | | (b) The proof must be established by: |
---|
1350 | 1350 | | (1) a driver's license or identification card issued |
---|
1351 | 1351 | | by this state, another state, or a Canadian province that is current |
---|
1352 | 1352 | | or has expired not more than two years preceding the date the |
---|
1353 | 1353 | | identification is submitted to the county clerk in connection with |
---|
1354 | 1354 | | an application for a license; |
---|
1355 | 1355 | | (2) a United States passport; |
---|
1356 | 1356 | | (3) a current passport issued by a foreign country or a |
---|
1357 | 1357 | | consular document issued by a state or national government; |
---|
1358 | 1358 | | (4) an unexpired Certificate of United States |
---|
1359 | 1359 | | Citizenship, Certificate of Naturalization, United States Citizen |
---|
1360 | 1360 | | Identification Card, Permanent Resident Card, Temporary Resident |
---|
1361 | 1361 | | Card, Employment Authorization Card, or other document issued by |
---|
1362 | 1362 | | the federal Department of Homeland Security or the United States |
---|
1363 | 1363 | | Department of State including an identification photograph; |
---|
1364 | 1364 | | (5) an unexpired military identification card for |
---|
1365 | 1365 | | active duty, reserve, or retired personnel with an identification |
---|
1366 | 1366 | | photograph; |
---|
1367 | 1367 | | (6) an original or certified copy of a birth |
---|
1368 | 1368 | | certificate issued by a bureau of vital statistics for a state or a |
---|
1369 | 1369 | | foreign government; |
---|
1370 | 1370 | | (7) an original or certified copy of a Consular Report |
---|
1371 | 1371 | | of Birth Abroad or Certificate of Birth Abroad issued by the United |
---|
1372 | 1372 | | States Department of State; |
---|
1373 | 1373 | | (8) an original or certified copy of a court order |
---|
1374 | 1374 | | relating to the applicant's name change or sex change; |
---|
1375 | 1375 | | (9) school records from a secondary school or |
---|
1376 | 1376 | | institution of higher education; |
---|
1377 | 1377 | | (10) an insurance policy continuously valid for the |
---|
1378 | 1378 | | two years preceding the date of the application for a license; |
---|
1379 | 1379 | | (11) a motor vehicle certificate of title; |
---|
1380 | 1380 | | (12) military records, including documentation of |
---|
1381 | 1381 | | release or discharge from active duty or a draft record; |
---|
1382 | 1382 | | (13) an unexpired military dependent identification |
---|
1383 | 1383 | | card; |
---|
1384 | 1384 | | (14) an original or certified copy of the applicant's |
---|
1385 | 1385 | | marriage license or divorce decree; |
---|
1386 | 1386 | | (15) a voter registration certificate; |
---|
1387 | 1387 | | (16) a pilot's license issued by the Federal Aviation |
---|
1388 | 1388 | | Administration or another authorized agency of the United States; |
---|
1389 | 1389 | | (17) a license to carry a handgun under Subchapter H, |
---|
1390 | 1390 | | Chapter 411, Government Code; |
---|
1391 | 1391 | | (18) a temporary identification card issued by the |
---|
1392 | 1392 | | Texas Department of Motor Vehicles [Public Safety]; or |
---|
1393 | 1393 | | (19) an offender identification card issued by the |
---|
1394 | 1394 | | Texas Department of Criminal Justice. |
---|
1395 | 1395 | | SECTION 78. Sections 54.042(a), (b), (f), and (g), Family |
---|
1396 | 1396 | | Code, are amended to read as follows: |
---|
1397 | 1397 | | (a) A juvenile court, in a disposition hearing under Section |
---|
1398 | 1398 | | 54.04, shall: |
---|
1399 | 1399 | | (1) order the Texas Department of Motor Vehicles |
---|
1400 | 1400 | | [Public Safety] to suspend a child's driver's license or permit, or |
---|
1401 | 1401 | | if the child does not have a license or permit, to deny the issuance |
---|
1402 | 1402 | | of a license or permit to the child if the court finds that the child |
---|
1403 | 1403 | | has engaged in conduct that: |
---|
1404 | 1404 | | (A) violates a law of this state enumerated in |
---|
1405 | 1405 | | Section 521.342(a), Transportation Code; or |
---|
1406 | 1406 | | (B) violates a penal law of this state or the |
---|
1407 | 1407 | | United States, an element or elements of which involve a severe form |
---|
1408 | 1408 | | of trafficking in persons, as defined by 22 U.S.C. Section 7102; or |
---|
1409 | 1409 | | (2) notify the Texas Department of Motor Vehicles |
---|
1410 | 1410 | | [Public Safety] of the adjudication, if the court finds that the |
---|
1411 | 1411 | | child has engaged in conduct that violates a law of this state |
---|
1412 | 1412 | | enumerated in Section 521.372(a), Transportation Code. |
---|
1413 | 1413 | | (b) A juvenile court, in a disposition hearing under Section |
---|
1414 | 1414 | | 54.04, may order the Texas Department of Motor Vehicles [Public |
---|
1415 | 1415 | | Safety] to suspend a child's driver's license or permit or, if the |
---|
1416 | 1416 | | child does not have a license or permit, to deny the issuance of a |
---|
1417 | 1417 | | license or permit to the child, if the court finds that the child |
---|
1418 | 1418 | | has engaged in conduct that violates Section 28.08, Penal Code. |
---|
1419 | 1419 | | (f) A juvenile court, in a disposition hearing under Section |
---|
1420 | 1420 | | 54.04, may order the Texas Department of Motor Vehicles [Public |
---|
1421 | 1421 | | Safety] to suspend a child's driver's license or permit or, if the |
---|
1422 | 1422 | | child does not have a license or permit, to deny the issuance of a |
---|
1423 | 1423 | | license or permit to the child for a period not to exceed 12 months |
---|
1424 | 1424 | | if the court finds that the child has engaged in conduct in need of |
---|
1425 | 1425 | | supervision or delinquent conduct other than the conduct described |
---|
1426 | 1426 | | by Subsection (a). |
---|
1427 | 1427 | | (g) A juvenile court that places a child on probation under |
---|
1428 | 1428 | | Section 54.04 may require as a reasonable condition of the |
---|
1429 | 1429 | | probation that if the child violates the probation, the court may |
---|
1430 | 1430 | | order the Texas Department of Motor Vehicles [Public Safety] to |
---|
1431 | 1431 | | suspend the child's driver's license or permit or, if the child does |
---|
1432 | 1432 | | not have a license or permit, to deny the issuance of a license or |
---|
1433 | 1433 | | permit to the child for a period not to exceed 12 months. The court |
---|
1434 | 1434 | | may make this order if a child that is on probation under this |
---|
1435 | 1435 | | condition violates the probation. A suspension under this |
---|
1436 | 1436 | | subsection is cumulative of any other suspension under this |
---|
1437 | 1437 | | section. |
---|
1438 | 1438 | | SECTION 79. Section 54.0482(c), Family Code, is amended to |
---|
1439 | 1439 | | read as follows: |
---|
1440 | 1440 | | (c) On or before the fifth anniversary of the date the |
---|
1441 | 1441 | | juvenile probation department receives a payment for a victim that |
---|
1442 | 1442 | | is not claimed by the victim, the department shall make and document |
---|
1443 | 1443 | | a good faith effort to locate and notify the victim that an |
---|
1444 | 1444 | | unclaimed payment exists, including: |
---|
1445 | 1445 | | (1) confirming, if possible, the victim's most recent |
---|
1446 | 1446 | | address with the Texas Department of Motor Vehicles [Public |
---|
1447 | 1447 | | Safety]; and |
---|
1448 | 1448 | | (2) making at least one additional certified mailing |
---|
1449 | 1449 | | to the victim. |
---|
1450 | 1450 | | SECTION 80. Section 65.103(c), Family Code, is amended to |
---|
1451 | 1451 | | read as follows: |
---|
1452 | 1452 | | (c) In addition to any other order authorized by this |
---|
1453 | 1453 | | section, a truancy court may order the Texas Department of Motor |
---|
1454 | 1454 | | Vehicles [Public Safety] to suspend the driver's license or permit |
---|
1455 | 1455 | | of a child who has been found to have engaged in truant conduct. If |
---|
1456 | 1456 | | the child does not have a driver's license or permit, the court may |
---|
1457 | 1457 | | order the Texas Department of Motor Vehicles [Public Safety] to |
---|
1458 | 1458 | | deny the issuance of a license or permit to the child. The period of |
---|
1459 | 1459 | | the license or permit suspension or the order that the issuance of a |
---|
1460 | 1460 | | license or permit be denied may not extend beyond the maximum time |
---|
1461 | 1461 | | period that a remedial order is effective as provided by Section |
---|
1462 | 1462 | | 65.104. |
---|
1463 | 1463 | | SECTION 81. Section 65.251(a), Family Code, is amended to |
---|
1464 | 1464 | | read as follows: |
---|
1465 | 1465 | | (a) If a child fails to obey an order issued by a truancy |
---|
1466 | 1466 | | court under Section 65.103(a) or a child is in direct contempt of |
---|
1467 | 1467 | | court, the truancy court, after providing notice and an opportunity |
---|
1468 | 1468 | | for a hearing, may hold the child in contempt of court and order |
---|
1469 | 1469 | | either or both of the following: |
---|
1470 | 1470 | | (1) that the child pay a fine not to exceed $100; or |
---|
1471 | 1471 | | (2) that the Texas Department of Motor Vehicles |
---|
1472 | 1472 | | [Public Safety] suspend the child's driver's license or permit or, |
---|
1473 | 1473 | | if the child does not have a license or permit, order that the Texas |
---|
1474 | 1474 | | Department of Motor Vehicles [Public Safety] deny the issuance of a |
---|
1475 | 1475 | | license or permit to the child until the child fully complies with |
---|
1476 | 1476 | | the court's orders. |
---|
1477 | 1477 | | SECTION 82. Sections 203.007(b) and (g), Family Code, are |
---|
1478 | 1478 | | amended to read as follows: |
---|
1479 | 1479 | | (b) A domestic relations office is entitled to obtain from |
---|
1480 | 1480 | | the Texas Department of Motor Vehicles and the Department of Public |
---|
1481 | 1481 | | Safety records that relate to: |
---|
1482 | 1482 | | (1) a person's date of birth; |
---|
1483 | 1483 | | (2) a person's most recent address; |
---|
1484 | 1484 | | (3) a person's current driver's license status; |
---|
1485 | 1485 | | (4) motor vehicle collisions involving a person; |
---|
1486 | 1486 | | (5) reported traffic-law violations of which a person |
---|
1487 | 1487 | | has been convicted; and |
---|
1488 | 1488 | | (6) a person's criminal history record information. |
---|
1489 | 1489 | | (g) The Texas Department of Motor Vehicles, the Department |
---|
1490 | 1490 | | of Public Safety, the Texas Workforce Commission, or the office of |
---|
1491 | 1491 | | the secretary of state may charge a domestic relations office a fee |
---|
1492 | 1492 | | not to exceed the charge paid by the Title IV-D agency for |
---|
1493 | 1493 | | furnishing records under this section. |
---|
1494 | 1494 | | SECTION 83. Section 264.1213, Family Code, is amended to |
---|
1495 | 1495 | | read as follows: |
---|
1496 | 1496 | | Sec. 264.1213. RECORDS AND DOCUMENTS FOR CHILDREN AGING OUT |
---|
1497 | 1497 | | OF FOSTER CARE. The department in cooperation with volunteer |
---|
1498 | 1498 | | advocates from a charitable organization described by Subchapter C, |
---|
1499 | 1499 | | Chapter 107, and the Texas Department of Motor Vehicles [Public |
---|
1500 | 1500 | | Safety] shall develop procedures to ensure that a foster child |
---|
1501 | 1501 | | obtains a driver's license or personal identification card before |
---|
1502 | 1502 | | the child leaves the conservatorship of the department. |
---|
1503 | 1503 | | SECTION 84. Section 277.002(a), Finance Code, is amended to |
---|
1504 | 1504 | | read as follows: |
---|
1505 | 1505 | | (a) A financial institution shall require, as a condition of |
---|
1506 | 1506 | | opening or maintaining a business checking account, that the |
---|
1507 | 1507 | | applicant or account holder provide: |
---|
1508 | 1508 | | (1) if the business is a sole proprietorship: |
---|
1509 | 1509 | | (A) the name of the business owner; |
---|
1510 | 1510 | | (B) the physical address of the business; |
---|
1511 | 1511 | | (C) the home address of the business owner; and |
---|
1512 | 1512 | | (D) the driver's license number of the business |
---|
1513 | 1513 | | owner or the personal identification card number issued to the |
---|
1514 | 1514 | | business owner by the Texas Department of Motor Vehicles [Public |
---|
1515 | 1515 | | Safety]; or |
---|
1516 | 1516 | | (2) if the business is a corporation or other legal |
---|
1517 | 1517 | | entity, a copy of the business's certificate of incorporation or a |
---|
1518 | 1518 | | comparable document and an assumed name certificate, if any. |
---|
1519 | 1519 | | SECTION 85. Sections 62.001(a), (f), (h), and (i), |
---|
1520 | 1520 | | Government Code, are amended to read as follows: |
---|
1521 | 1521 | | (a) The jury wheel must be reconstituted by using, as the |
---|
1522 | 1522 | | source: |
---|
1523 | 1523 | | (1) the names of all persons on the current voter |
---|
1524 | 1524 | | registration lists from all the precincts in the county; and |
---|
1525 | 1525 | | (2) all names on a current list to be furnished by the |
---|
1526 | 1526 | | Texas Department of Motor Vehicles [Public Safety], showing the |
---|
1527 | 1527 | | citizens of the county who: |
---|
1528 | 1528 | | (A) hold a valid Texas driver's license or a |
---|
1529 | 1529 | | valid personal identification card or certificate issued by the |
---|
1530 | 1530 | | department; and |
---|
1531 | 1531 | | (B) are not disqualified from jury service under |
---|
1532 | 1532 | | Section 62.102(1), (2), or (8). |
---|
1533 | 1533 | | (f) The Texas Department of Motor Vehicles [Public Safety] |
---|
1534 | 1534 | | shall furnish a list to the secretary of state that shows the names |
---|
1535 | 1535 | | required under Subsection (a)(2) and that contains any of the |
---|
1536 | 1536 | | information enumerated in Subsection (c) that is available to the |
---|
1537 | 1537 | | department, including citizenship status and county of residence. |
---|
1538 | 1538 | | The list shall exclude the names of convicted felons, persons who |
---|
1539 | 1539 | | are not citizens of the United States, persons residing outside the |
---|
1540 | 1540 | | county, and the duplicate name of any registrant. The department |
---|
1541 | 1541 | | shall furnish the list to the secretary of state on or before the |
---|
1542 | 1542 | | first Monday in October of each year. |
---|
1543 | 1543 | | (h) If the secretary of state is unable to furnish the list |
---|
1544 | 1544 | | as provided in this section because of the failure of the voter |
---|
1545 | 1545 | | registrar to furnish the county voter registration list to the |
---|
1546 | 1546 | | secretary of state, the county tax assessor-collector, sheriff, |
---|
1547 | 1547 | | county clerk, and district clerk in the county shall meet at the |
---|
1548 | 1548 | | county courthouse between January 1 and January 15 of the following |
---|
1549 | 1549 | | year and shall reconstitute the jury wheel for the county, except as |
---|
1550 | 1550 | | provided under a plan adopted under Section 62.011. The deadlines |
---|
1551 | 1551 | | included in the plan control for preparing the list and |
---|
1552 | 1552 | | reconstituting the wheel. The secretary of state shall send the |
---|
1553 | 1553 | | list furnished by the Texas Department of Motor Vehicles [Public |
---|
1554 | 1554 | | Safety] as provided by Subsection (f) to the voter registrar, who |
---|
1555 | 1555 | | shall combine the lists as described in this section for use as the |
---|
1556 | 1556 | | juror source and certify the combined list as required of the |
---|
1557 | 1557 | | secretary of state under Subsection (g). |
---|
1558 | 1558 | | (i) The commissioners court may, instead of using the method |
---|
1559 | 1559 | | provided by Subsections (c) through (h), contract with another |
---|
1560 | 1560 | | governmental unit or a private person to combine the voter |
---|
1561 | 1561 | | registration list with the list furnished by the Texas Department |
---|
1562 | 1562 | | of Motor Vehicles [Public Safety]. Subsections (c) through (h) do |
---|
1563 | 1563 | | not apply to a county in which the commissioners court has |
---|
1564 | 1564 | | contracted with another governmental unit or a private person under |
---|
1565 | 1565 | | this subsection. The Texas Department of Motor Vehicles [Public |
---|
1566 | 1566 | | Safety] may not charge a fee for furnishing a list under this |
---|
1567 | 1567 | | subsection. Each list must contain the name, date of birth, |
---|
1568 | 1568 | | address, county of residence, and citizenship status of each person |
---|
1569 | 1569 | | listed. If practical, each list must contain any other information |
---|
1570 | 1570 | | useful in determining if the person is qualified to serve as a |
---|
1571 | 1571 | | juror. |
---|
1572 | 1572 | | SECTION 86. Section 72.016, Government Code, is amended to |
---|
1573 | 1573 | | read as follows: |
---|
1574 | 1574 | | Sec. 72.016. NOTIFICATION PROCEDURE FOR JUDICIAL PRIVACY. |
---|
1575 | 1575 | | The director shall develop a procedure to regularly notify county |
---|
1576 | 1576 | | registrars, the Texas Department of Motor Vehicles [Public Safety], |
---|
1577 | 1577 | | the Texas Ethics Commission, and any other state agency the office |
---|
1578 | 1578 | | determines should be notified of the judges, judges' spouses, and |
---|
1579 | 1579 | | related family members whose personal information must be kept from |
---|
1580 | 1580 | | public records, as provided under Sections 552.117 and 572.035 of |
---|
1581 | 1581 | | this code, Sections 13.0021 and 15.0215, Election Code, and Section |
---|
1582 | 1582 | | 521.121, Transportation Code. |
---|
1583 | 1583 | | SECTION 87. Section 411.0201(a), Government Code, is |
---|
1584 | 1584 | | amended to read as follows: |
---|
1585 | 1585 | | (a) Except as provided by Subsection (b), the department may |
---|
1586 | 1586 | | photograph, microphotograph, or film [any record in connection with |
---|
1587 | 1587 | | the issuance of a driver's license or commercial driver's license |
---|
1588 | 1588 | | and] any record of any division of the department. |
---|
1589 | 1589 | | SECTION 88. Section 411.082(2), Government Code, is amended |
---|
1590 | 1590 | | to read as follows: |
---|
1591 | 1591 | | (2) "Criminal history record information" means |
---|
1592 | 1592 | | information collected about a person by a criminal justice agency |
---|
1593 | 1593 | | that consists of identifiable descriptions and notations of |
---|
1594 | 1594 | | arrests, detentions, indictments, informations, and other formal |
---|
1595 | 1595 | | criminal charges and their dispositions. The term does not |
---|
1596 | 1596 | | include: |
---|
1597 | 1597 | | (A) identification information, including |
---|
1598 | 1598 | | fingerprint records, to the extent that the identification |
---|
1599 | 1599 | | information does not indicate involvement of the person in the |
---|
1600 | 1600 | | criminal justice system; or |
---|
1601 | 1601 | | (B) driving record information maintained by the |
---|
1602 | 1602 | | Texas Department of Motor Vehicles [department] under Subchapter C, |
---|
1603 | 1603 | | Chapter 521, Transportation Code. |
---|
1604 | 1604 | | SECTION 89. Section 411.174(b), Government Code, is amended |
---|
1605 | 1605 | | to read as follows: |
---|
1606 | 1606 | | (b) An applicant must provide on the application a statement |
---|
1607 | 1607 | | of the applicant's: |
---|
1608 | 1608 | | (1) full name and place and date of birth; |
---|
1609 | 1609 | | (2) race and sex; |
---|
1610 | 1610 | | (3) residence and business addresses for the preceding |
---|
1611 | 1611 | | five years; |
---|
1612 | 1612 | | (4) hair and eye color; |
---|
1613 | 1613 | | (5) height and weight; |
---|
1614 | 1614 | | (6) driver's license number or identification |
---|
1615 | 1615 | | certificate number issued by the Texas Department of Motor Vehicles |
---|
1616 | 1616 | | [department]; |
---|
1617 | 1617 | | (7) criminal history record information of the type |
---|
1618 | 1618 | | maintained by the department under this chapter, including a list |
---|
1619 | 1619 | | of offenses for which the applicant was arrested, charged, or under |
---|
1620 | 1620 | | an information or indictment and the disposition of the offenses; |
---|
1621 | 1621 | | and |
---|
1622 | 1622 | | (8) history, if any, of treatment received by, |
---|
1623 | 1623 | | commitment to, or residence in: |
---|
1624 | 1624 | | (A) a drug or alcohol treatment center licensed |
---|
1625 | 1625 | | to provide drug or alcohol treatment under the laws of this state or |
---|
1626 | 1626 | | another state, but only if the treatment, commitment, or residence |
---|
1627 | 1627 | | occurred during the preceding five years; or |
---|
1628 | 1628 | | (B) a psychiatric hospital. |
---|
1629 | 1629 | | SECTION 90. Section 411.179(a), Government Code, is amended |
---|
1630 | 1630 | | to read as follows: |
---|
1631 | 1631 | | (a) The department by rule shall adopt the form of the |
---|
1632 | 1632 | | license. A license must include: |
---|
1633 | 1633 | | (1) a number assigned to the license holder by the |
---|
1634 | 1634 | | department; |
---|
1635 | 1635 | | (2) a statement of the period for which the license is |
---|
1636 | 1636 | | effective; |
---|
1637 | 1637 | | (3) a photograph of the license holder; |
---|
1638 | 1638 | | (4) the license holder's full name, date of birth, hair |
---|
1639 | 1639 | | and eye color, height, weight, and signature; |
---|
1640 | 1640 | | (5) the license holder's residence address or, as |
---|
1641 | 1641 | | provided by Subsection (d), the street address of the courthouse in |
---|
1642 | 1642 | | which the license holder or license holder's spouse or parent |
---|
1643 | 1643 | | serves as a federal judge or the license holder serves as a state |
---|
1644 | 1644 | | judge; |
---|
1645 | 1645 | | (6) the number of a driver's license or an |
---|
1646 | 1646 | | identification certificate issued to the license holder by the |
---|
1647 | 1647 | | Texas Department of Motor Vehicles [department]; |
---|
1648 | 1648 | | (7) the designation "VETERAN" if required under |
---|
1649 | 1649 | | Subsection (e); |
---|
1650 | 1650 | | (8) any at-risk designation for which the license |
---|
1651 | 1651 | | holder has established eligibility under Section 411.184; and |
---|
1652 | 1652 | | (9) if applicable, a protective order designation |
---|
1653 | 1653 | | under Section 411.1735. |
---|
1654 | 1654 | | SECTION 91. Section 411.205, Government Code, is amended to |
---|
1655 | 1655 | | read as follows: |
---|
1656 | 1656 | | Sec. 411.205. REQUIREMENT TO DISPLAY LICENSE. If a license |
---|
1657 | 1657 | | holder is carrying a handgun on or about the license holder's person |
---|
1658 | 1658 | | when a magistrate or a peace officer demands that the license holder |
---|
1659 | 1659 | | display identification, the license holder shall display: |
---|
1660 | 1660 | | (1) both the license holder's driver's license or |
---|
1661 | 1661 | | identification certificate issued by the Texas Department of Motor |
---|
1662 | 1662 | | Vehicles [department] and the license holder's handgun license; and |
---|
1663 | 1663 | | (2) if the license holder's handgun license bears a |
---|
1664 | 1664 | | protective order designation, a copy of the applicable court order |
---|
1665 | 1665 | | under which the license holder is protected. |
---|
1666 | 1666 | | SECTION 92. Sections 501.0165(a), (c), and (d), Government |
---|
1667 | 1667 | | Code, are amended to read as follows: |
---|
1668 | 1668 | | (a) Before discharging an inmate or releasing an inmate on |
---|
1669 | 1669 | | parole, mandatory supervision, or conditional pardon, the |
---|
1670 | 1670 | | department shall: |
---|
1671 | 1671 | | (1) determine whether the inmate has: |
---|
1672 | 1672 | | (A) a valid license issued under Chapter 521 or |
---|
1673 | 1673 | | 522, Transportation Code; or |
---|
1674 | 1674 | | (B) a valid personal identification certificate |
---|
1675 | 1675 | | issued under Chapter 521, Transportation Code; and |
---|
1676 | 1676 | | (2) if the inmate does not have a valid license or |
---|
1677 | 1677 | | certificate described by Subdivision (1), submit to the Texas |
---|
1678 | 1678 | | Department of Motor Vehicles [Public Safety] on behalf of the |
---|
1679 | 1679 | | inmate a request for the issuance of a personal identification |
---|
1680 | 1680 | | certificate under Chapter 521, Transportation Code. |
---|
1681 | 1681 | | (c) The department, the Texas Department of Motor Vehicles |
---|
1682 | 1682 | | [Public Safety], and the bureau of vital statistics of the |
---|
1683 | 1683 | | Department of State Health Services shall by rule adopt a |
---|
1684 | 1684 | | memorandum of understanding that establishes their respective |
---|
1685 | 1685 | | responsibilities with respect to the issuance of a personal |
---|
1686 | 1686 | | identification certificate to an inmate, including |
---|
1687 | 1687 | | responsibilities related to verification of the inmate's identity. |
---|
1688 | 1688 | | The memorandum of understanding must require the Department of |
---|
1689 | 1689 | | State Health Services to electronically verify the birth record of |
---|
1690 | 1690 | | an inmate whose name and any other personal information is provided |
---|
1691 | 1691 | | by the department and to electronically report the recorded filing |
---|
1692 | 1692 | | information to the Texas Department of Motor Vehicles [Public |
---|
1693 | 1693 | | Safety] to validate the identity of an inmate under this section. |
---|
1694 | 1694 | | (d) The department shall reimburse the Texas Department of |
---|
1695 | 1695 | | Motor Vehicles [Public Safety] or the Department of State Health |
---|
1696 | 1696 | | Services for the actual costs incurred by those agencies in |
---|
1697 | 1697 | | performing responsibilities established under this section. The |
---|
1698 | 1698 | | department may charge an inmate for the actual costs incurred under |
---|
1699 | 1699 | | this section or the fees required by Section 521.421, |
---|
1700 | 1700 | | Transportation Code. |
---|
1701 | 1701 | | SECTION 93. Section 509.004(a), Government Code, is amended |
---|
1702 | 1702 | | to read as follows: |
---|
1703 | 1703 | | (a) The division shall require each department to: |
---|
1704 | 1704 | | (1) keep financial and statistical records determined |
---|
1705 | 1705 | | necessary by the division; |
---|
1706 | 1706 | | (2) submit a strategic plan and all supporting |
---|
1707 | 1707 | | information requested by the division; |
---|
1708 | 1708 | | (3) present data requested by the division as |
---|
1709 | 1709 | | necessary to determine the amount of state aid for which the |
---|
1710 | 1710 | | department is eligible; |
---|
1711 | 1711 | | (4) submit periodic financial audits and statistical |
---|
1712 | 1712 | | reports to the division; and |
---|
1713 | 1713 | | (5) submit to the Texas Department of Motor Vehicles |
---|
1714 | 1714 | | [Public Safety] the full name, address, date of birth, social |
---|
1715 | 1715 | | security number, and driver's license number of each person |
---|
1716 | 1716 | | restricted to the operation of a motor vehicle equipped with a |
---|
1717 | 1717 | | device that uses a deep-lung breath analysis mechanism to make |
---|
1718 | 1718 | | impractical the operation of the motor vehicle if ethyl alcohol is |
---|
1719 | 1719 | | detected in the breath of the restricted operator. |
---|
1720 | 1720 | | SECTION 94. Section 526.0356(a), Government Code, as |
---|
1721 | 1721 | | effective April 1, 2025, is amended to read as follows: |
---|
1722 | 1722 | | (a) The executive commissioner shall adopt rules to ensure |
---|
1723 | 1723 | | the safe and efficient provision of nonemergency transportation |
---|
1724 | 1724 | | services under this subchapter. The rules must: |
---|
1725 | 1725 | | (1) include minimum standards regarding the physical |
---|
1726 | 1726 | | condition and maintenance of motor vehicles used to provide the |
---|
1727 | 1727 | | services, including standards regarding the accessibility of motor |
---|
1728 | 1728 | | vehicles by individuals with disabilities; |
---|
1729 | 1729 | | (2) require a regional contracted broker to: |
---|
1730 | 1730 | | (A) verify that each motor vehicle operator |
---|
1731 | 1731 | | providing the services or seeking to provide the services has a |
---|
1732 | 1732 | | valid driver's license; |
---|
1733 | 1733 | | (B) check the driving record information |
---|
1734 | 1734 | | maintained by the Texas Department of Motor Vehicles [Public |
---|
1735 | 1735 | | Safety] under Subchapter C, Chapter 521, Transportation Code, of |
---|
1736 | 1736 | | each motor vehicle operator providing the services or seeking to |
---|
1737 | 1737 | | provide the services; and |
---|
1738 | 1738 | | (C) check the public criminal record information |
---|
1739 | 1739 | | maintained by the Department of Public Safety and made available to |
---|
1740 | 1740 | | the public through the department's Internet website of each motor |
---|
1741 | 1741 | | vehicle operator providing the services or seeking to provide the |
---|
1742 | 1742 | | services; and |
---|
1743 | 1743 | | (3) include training requirements for motor vehicle |
---|
1744 | 1744 | | operators providing the services through a regional contracted |
---|
1745 | 1745 | | broker, including training on: |
---|
1746 | 1746 | | (A) passenger safety; |
---|
1747 | 1747 | | (B) passenger assistance; |
---|
1748 | 1748 | | (C) assistive devices, including wheelchair |
---|
1749 | 1749 | | lifts, tie-down equipment, and child safety seats; |
---|
1750 | 1750 | | (D) sensitivity and diversity; |
---|
1751 | 1751 | | (E) customer service; |
---|
1752 | 1752 | | (F) defensive driving techniques; and |
---|
1753 | 1753 | | (G) prohibited behavior by motor vehicle |
---|
1754 | 1754 | | operators. |
---|
1755 | 1755 | | SECTION 95. Section 526.0357(a), Government Code, as |
---|
1756 | 1756 | | effective April 1, 2025, is amended to read as follows: |
---|
1757 | 1757 | | (a) The commission shall enter into a memorandum of |
---|
1758 | 1758 | | understanding with the Texas Department of Motor Vehicles [and the |
---|
1759 | 1759 | | Department of Public Safety] for purposes of obtaining the motor |
---|
1760 | 1760 | | vehicle registration and driver's license information of a medical |
---|
1761 | 1761 | | transportation services provider, including a regional contracted |
---|
1762 | 1762 | | broker and a subcontractor of the broker, to confirm the provider |
---|
1763 | 1763 | | complies with applicable requirements adopted under Section |
---|
1764 | 1764 | | 526.0356(a). |
---|
1765 | 1765 | | SECTION 96. Section 540A.0152(d), Government Code, as |
---|
1766 | 1766 | | effective April 1, 2025, is amended to read as follows: |
---|
1767 | 1767 | | (d) The rules may not permit a motor vehicle operator to |
---|
1768 | 1768 | | provide nonmedical transportation services if the operator: |
---|
1769 | 1769 | | (1) has been convicted in the three-year period |
---|
1770 | 1770 | | preceding the issue date of the driving record obtained under |
---|
1771 | 1771 | | Subsection (c)(4) of: |
---|
1772 | 1772 | | (A) more than three offenses the Texas Department |
---|
1773 | 1773 | | of Motor Vehicles [Public Safety] classifies as moving violations; |
---|
1774 | 1774 | | or |
---|
1775 | 1775 | | (B) one or more of the following offenses: |
---|
1776 | 1776 | | (i) fleeing or attempting to elude a police |
---|
1777 | 1777 | | officer under Section 545.421, Transportation Code; |
---|
1778 | 1778 | | (ii) reckless driving under Section |
---|
1779 | 1779 | | 545.401, Transportation Code; |
---|
1780 | 1780 | | (iii) driving without a valid driver's |
---|
1781 | 1781 | | license under Section 521.025, Transportation Code; or |
---|
1782 | 1782 | | (iv) driving with an invalid driver's |
---|
1783 | 1783 | | license under Section 521.457, Transportation Code; |
---|
1784 | 1784 | | (2) has been convicted in the preceding seven-year |
---|
1785 | 1785 | | period of any of the following: |
---|
1786 | 1786 | | (A) driving while intoxicated under Section |
---|
1787 | 1787 | | 49.04 or 49.045, Penal Code; |
---|
1788 | 1788 | | (B) use of a motor vehicle to commit a felony; |
---|
1789 | 1789 | | (C) a felony crime involving property damage; |
---|
1790 | 1790 | | (D) fraud; |
---|
1791 | 1791 | | (E) theft; |
---|
1792 | 1792 | | (F) an act of violence; or |
---|
1793 | 1793 | | (G) an act of terrorism; or |
---|
1794 | 1794 | | (3) is found to be registered in the national sex |
---|
1795 | 1795 | | offender public website the United States Department of Justice or |
---|
1796 | 1796 | | a successor agency maintains. |
---|
1797 | 1797 | | SECTION 97. Section 546.0209, Government Code, as effective |
---|
1798 | 1798 | | April 1, 2025, is amended to read as follows: |
---|
1799 | 1799 | | Sec. 546.0209. REQUIREMENTS OF PARENT OR GUARDIAN ON |
---|
1800 | 1800 | | CHILD'S ADMISSION TO CERTAIN INSTITUTIONS. On the admission of a |
---|
1801 | 1801 | | child to an institution described by Section 546.0201(4)(A), (B), |
---|
1802 | 1802 | | or (D), the commission shall require the child's parent or guardian |
---|
1803 | 1803 | | to submit: |
---|
1804 | 1804 | | (1) an admission form that includes: |
---|
1805 | 1805 | | (A) the parent's or guardian's: |
---|
1806 | 1806 | | (i) name, address, and telephone number; |
---|
1807 | 1807 | | (ii) driver's license number and state of |
---|
1808 | 1808 | | issuance or personal identification card number the Texas |
---|
1809 | 1809 | | Department of Motor Vehicles [Public Safety] issued; and |
---|
1810 | 1810 | | (iii) place of employment and the |
---|
1811 | 1811 | | employer's address and telephone number; and |
---|
1812 | 1812 | | (B) the name, address, and telephone number of a |
---|
1813 | 1813 | | relative of the child or other individual whom the commission or |
---|
1814 | 1814 | | institution may contact in an emergency, a statement indicating the |
---|
1815 | 1815 | | relation between that individual and the child, and at the parent's |
---|
1816 | 1816 | | or guardian's option: |
---|
1817 | 1817 | | (i) that individual's driver's license |
---|
1818 | 1818 | | number and state of issuance or personal identification card number |
---|
1819 | 1819 | | the Texas Department of Motor Vehicles [Public Safety] issued; and |
---|
1820 | 1820 | | (ii) the name, address, and telephone |
---|
1821 | 1821 | | number of that individual's employer; and |
---|
1822 | 1822 | | (2) a signed acknowledgment of responsibility stating |
---|
1823 | 1823 | | that the parent or guardian agrees to: |
---|
1824 | 1824 | | (A) notify the institution in which the child is |
---|
1825 | 1825 | | placed of any changes to the information submitted under |
---|
1826 | 1826 | | Subdivision (1)(A); and |
---|
1827 | 1827 | | (B) make reasonable efforts to participate in the |
---|
1828 | 1828 | | child's life and in planning activities for the child. |
---|
1829 | 1829 | | SECTION 98. Section 555.003, Government Code, is amended to |
---|
1830 | 1830 | | read as follows: |
---|
1831 | 1831 | | Sec. 555.003. EXCEPTION. This chapter does not apply to |
---|
1832 | 1832 | | files that relate to drivers of motor vehicles and that are |
---|
1833 | 1833 | | maintained by the Texas Department of Motor Vehicles [Public |
---|
1834 | 1834 | | Safety] under Subchapter C, Chapter 521, Transportation Code. |
---|
1835 | 1835 | | SECTION 99. Section 12.013(b), Health and Safety Code, is |
---|
1836 | 1836 | | amended to read as follows: |
---|
1837 | 1837 | | (b) Based on the studies and investigations, the department |
---|
1838 | 1838 | | periodically shall recommend to the Department of Public Safety and |
---|
1839 | 1839 | | the Texas Department of Motor Vehicles appropriate policies, |
---|
1840 | 1840 | | standards, and procedures relating to those medical aspects. |
---|
1841 | 1841 | | SECTION 100. Section 12.092(b), Health and Safety Code, is |
---|
1842 | 1842 | | amended to read as follows: |
---|
1843 | 1843 | | (b) The medical advisory board shall assist: |
---|
1844 | 1844 | | (1) the Texas Department of Motor Vehicles [Public |
---|
1845 | 1845 | | Safety of the State of Texas] in determining whether[: |
---|
1846 | 1846 | | [(1)] an applicant for a driver's license or a license |
---|
1847 | 1847 | | holder is capable of safely operating a motor vehicle; and [or] |
---|
1848 | 1848 | | (2) the Department of Public Safety in determining |
---|
1849 | 1849 | | whether an applicant for or holder of a license to carry a handgun |
---|
1850 | 1850 | | under the authority of Subchapter H, Chapter 411, Government Code, |
---|
1851 | 1851 | | or an applicant for or holder of a commission as a security officer |
---|
1852 | 1852 | | under Chapter 1702, Occupations Code, is capable of exercising |
---|
1853 | 1853 | | sound judgment with respect to the proper use and storage of a |
---|
1854 | 1854 | | handgun. |
---|
1855 | 1855 | | SECTION 101. Sections 12.095(a) and (c), Health and Safety |
---|
1856 | 1856 | | Code, are amended to read as follows: |
---|
1857 | 1857 | | (a) If the Department of Public Safety of the State of Texas |
---|
1858 | 1858 | | or Texas Department of Motor Vehicles requests an opinion or |
---|
1859 | 1859 | | recommendation from the medical advisory board as to the ability of |
---|
1860 | 1860 | | an applicant or license holder to operate a motor vehicle safely or |
---|
1861 | 1861 | | to exercise sound judgment with respect to the proper use and |
---|
1862 | 1862 | | storage of a handgun, the commissioner or a person designated by the |
---|
1863 | 1863 | | commissioner shall convene a panel to consider the case or question |
---|
1864 | 1864 | | submitted by that department. |
---|
1865 | 1865 | | (c) Each panel member shall prepare an individual |
---|
1866 | 1866 | | independent written report for the Department of Public Safety of |
---|
1867 | 1867 | | the State of Texas or Texas Department of Motor Vehicles, as |
---|
1868 | 1868 | | appropriate, that states the member's opinion as to the ability of |
---|
1869 | 1869 | | the applicant or license holder to operate a motor vehicle safely or |
---|
1870 | 1870 | | to exercise sound judgment with respect to the proper use and |
---|
1871 | 1871 | | storage of a handgun, as appropriate. In the report the panel |
---|
1872 | 1872 | | member may also make recommendations relating to that department's |
---|
1873 | 1873 | | subsequent action. |
---|
1874 | 1874 | | SECTION 102. Section 12.096(a), Health and Safety Code, is |
---|
1875 | 1875 | | amended to read as follows: |
---|
1876 | 1876 | | (a) A physician licensed to practice medicine in this state |
---|
1877 | 1877 | | may inform the Department of Public Safety of the State of Texas, |
---|
1878 | 1878 | | the Texas Department of Motor Vehicles, or the medical advisory |
---|
1879 | 1879 | | board, orally or in writing, of the name, date of birth, and address |
---|
1880 | 1880 | | of a patient older than 15 years of age whom the physician has |
---|
1881 | 1881 | | diagnosed as having a disorder or disability specified in a rule of |
---|
1882 | 1882 | | the Department of Public Safety of the State of Texas or Texas |
---|
1883 | 1883 | | Department of Motor Vehicles. |
---|
1884 | 1884 | | SECTION 103. Section 12.097, Health and Safety Code, is |
---|
1885 | 1885 | | amended to read as follows: |
---|
1886 | 1886 | | Sec. 12.097. CONFIDENTIALITY REQUIREMENTS. (a) All |
---|
1887 | 1887 | | records, reports, and testimony relating to the medical condition |
---|
1888 | 1888 | | of an applicant or license holder: |
---|
1889 | 1889 | | (1) are for the confidential use of the medical |
---|
1890 | 1890 | | advisory board, a panel, the Texas Department of Motor Vehicles, or |
---|
1891 | 1891 | | the Department of Public Safety of the State of Texas; |
---|
1892 | 1892 | | (2) are privileged information; and |
---|
1893 | 1893 | | (3) may not be disclosed to any person or used as |
---|
1894 | 1894 | | evidence in a trial except as provided by Subsection (b). |
---|
1895 | 1895 | | (b) In a subsequent proceeding under Subchapter H, Chapter |
---|
1896 | 1896 | | 411, Government Code, or Subchapter N, Chapter 521, Transportation |
---|
1897 | 1897 | | Code, the department may provide a copy of the report of the medical |
---|
1898 | 1898 | | advisory board or panel and a medical record or report relating to |
---|
1899 | 1899 | | an applicant or license holder to: |
---|
1900 | 1900 | | (1) the Department of Public Safety of the State of |
---|
1901 | 1901 | | Texas or Texas Department of Motor Vehicles, as appropriate; |
---|
1902 | 1902 | | (2) the applicant or license holder; and |
---|
1903 | 1903 | | (3) the officer who presides at the hearing. |
---|
1904 | 1904 | | SECTION 104. Sections 53.001(d) and (e), Health and Safety |
---|
1905 | 1905 | | Code, are amended to read as follows: |
---|
1906 | 1906 | | (d) The department, the Texas Department of Motor Vehicles, |
---|
1907 | 1907 | | and the Department of Public Safety shall post the information |
---|
1908 | 1908 | | described by Subsection (b) on each agency's respective Internet |
---|
1909 | 1909 | | websites. |
---|
1910 | 1910 | | (e) Appropriate health care facilities, blood banks, and |
---|
1911 | 1911 | | driver's license offices may access the informational materials |
---|
1912 | 1912 | | described by Subsection (b) on the Internet websites of the |
---|
1913 | 1913 | | department, the Texas Department of Motor Vehicles, and the |
---|
1914 | 1914 | | Department of Public Safety and print the materials to place in |
---|
1915 | 1915 | | their facilities, banks, or offices to provide to residents of this |
---|
1916 | 1916 | | state. |
---|
1917 | 1917 | | SECTION 105. Sections 54.002(c) and (d), Health and Safety |
---|
1918 | 1918 | | Code, as added by Chapter 88 (S.B. 1249), Acts of the 88th |
---|
1919 | 1919 | | Legislature, Regular Session, 2023, are amended to read as follows: |
---|
1920 | 1920 | | (c) The department and the Texas Department of Motor |
---|
1921 | 1921 | | Vehicles [Public Safety] shall post the information described by |
---|
1922 | 1922 | | Subsection (a) on each of the agency's Internet websites. |
---|
1923 | 1923 | | (d) Appropriate health care facilities, transplant centers, |
---|
1924 | 1924 | | organ procurement organizations, tissue banks, eye banks, and |
---|
1925 | 1925 | | driver's license offices may access the informational materials |
---|
1926 | 1926 | | described by Subsection (a) on the Internet websites of the |
---|
1927 | 1927 | | department and the Texas Department of Motor Vehicles [Public |
---|
1928 | 1928 | | Safety] and print the materials to place in their facilities or |
---|
1929 | 1929 | | offices to provide to residents of this state. |
---|
1930 | 1930 | | SECTION 106. Section 81.011, Health and Safety Code, is |
---|
1931 | 1931 | | amended to read as follows: |
---|
1932 | 1932 | | Sec. 81.011. REQUEST FOR INFORMATION. In times of |
---|
1933 | 1933 | | emergency or epidemic declared by the commissioner, the department |
---|
1934 | 1934 | | is authorized to request information pertaining to names, dates of |
---|
1935 | 1935 | | birth, and most recent addresses of individuals from the driver's |
---|
1936 | 1936 | | license records of the Texas Department of Motor Vehicles [Public |
---|
1937 | 1937 | | Safety] for the purpose of notification to individuals of the need |
---|
1938 | 1938 | | to receive certain immunizations or diagnostic, evaluation, or |
---|
1939 | 1939 | | treatment services for suspected communicable diseases. |
---|
1940 | 1940 | | SECTION 107. Section 191.010, Health and Safety Code, is |
---|
1941 | 1941 | | amended to read as follows: |
---|
1942 | 1942 | | Sec. 191.010. DEATH INFORMATION FOR TEXAS DEPARTMENT OF |
---|
1943 | 1943 | | MOTOR VEHICLES [PUBLIC SAFETY]. (a) The department shall |
---|
1944 | 1944 | | implement an efficient and effective method to verify death |
---|
1945 | 1945 | | information to assist the Texas Department of Motor Vehicles |
---|
1946 | 1946 | | [Public Safety] with maintaining records of holders of driver's |
---|
1947 | 1947 | | licenses and personal identification certificates in this state. |
---|
1948 | 1948 | | (b) The department shall enter into a memorandum of |
---|
1949 | 1949 | | understanding with the Texas Department of Motor Vehicles [Public |
---|
1950 | 1950 | | Safety] to implement this section. The memorandum of understanding |
---|
1951 | 1951 | | must include a mechanism for the department to provide to the Texas |
---|
1952 | 1952 | | Department of Motor Vehicles [Public Safety] death information that |
---|
1953 | 1953 | | includes unique identifiers, including social security numbers, |
---|
1954 | 1954 | | necessary to accurately match death records with driver's license |
---|
1955 | 1955 | | and personal identification certificate records. |
---|
1956 | 1956 | | SECTION 108. Section 481.077(d), Health and Safety Code, is |
---|
1957 | 1957 | | amended to read as follows: |
---|
1958 | 1958 | | (d) Before selling, transferring, or otherwise furnishing |
---|
1959 | 1959 | | to a person in this state a chemical precursor subject to Subsection |
---|
1960 | 1960 | | (a), a manufacturer, wholesaler, retailer, or other person shall: |
---|
1961 | 1961 | | (1) if the recipient does not represent a business, |
---|
1962 | 1962 | | obtain from the recipient: |
---|
1963 | 1963 | | (A) the recipient's driver's license number or |
---|
1964 | 1964 | | other personal identification certificate number, date of birth, |
---|
1965 | 1965 | | and residential or mailing address, other than a post office box |
---|
1966 | 1966 | | number, from a driver's license or personal identification |
---|
1967 | 1967 | | certificate issued by the Texas Department of Motor Vehicles |
---|
1968 | 1968 | | [department] that contains a photograph of the recipient; |
---|
1969 | 1969 | | (B) the year, state, and number of the motor |
---|
1970 | 1970 | | vehicle license of the motor vehicle owned or operated by the |
---|
1971 | 1971 | | recipient; |
---|
1972 | 1972 | | (C) a complete description of how the chemical |
---|
1973 | 1973 | | precursor is to be used; and |
---|
1974 | 1974 | | (D) the recipient's signature; or |
---|
1975 | 1975 | | (2) if the recipient represents a business, obtain |
---|
1976 | 1976 | | from the recipient: |
---|
1977 | 1977 | | (A) a letter of authorization from the business |
---|
1978 | 1978 | | that includes the business license or comptroller tax |
---|
1979 | 1979 | | identification number, address, area code, and telephone number and |
---|
1980 | 1980 | | a complete description of how the chemical precursor is to be used; |
---|
1981 | 1981 | | and |
---|
1982 | 1982 | | (B) the recipient's signature; and |
---|
1983 | 1983 | | (3) for any recipient, sign as a witness to the |
---|
1984 | 1984 | | signature and identification of the recipient. |
---|
1985 | 1985 | | SECTION 109. Section 481.080(e), Health and Safety Code, is |
---|
1986 | 1986 | | amended to read as follows: |
---|
1987 | 1987 | | (e) Before selling, transferring, or otherwise furnishing |
---|
1988 | 1988 | | to a person in this state a chemical laboratory apparatus subject to |
---|
1989 | 1989 | | Subsection (a), a manufacturer, wholesaler, retailer, or other |
---|
1990 | 1990 | | person shall: |
---|
1991 | 1991 | | (1) if the recipient does not represent a business, |
---|
1992 | 1992 | | obtain from the recipient: |
---|
1993 | 1993 | | (A) the recipient's driver's license number or |
---|
1994 | 1994 | | other personal identification certificate number, date of birth, |
---|
1995 | 1995 | | and residential or mailing address, other than a post office box |
---|
1996 | 1996 | | number, from a driver's license or personal identification |
---|
1997 | 1997 | | certificate issued by the Texas Department of Motor Vehicles |
---|
1998 | 1998 | | [department] that contains a photograph of the recipient; |
---|
1999 | 1999 | | (B) the year, state, and number of the motor |
---|
2000 | 2000 | | vehicle license of the motor vehicle owned or operated by the |
---|
2001 | 2001 | | recipient; |
---|
2002 | 2002 | | (C) a complete description of how the apparatus |
---|
2003 | 2003 | | is to be used; and |
---|
2004 | 2004 | | (D) the recipient's signature; or |
---|
2005 | 2005 | | (2) if the recipient represents a business, obtain |
---|
2006 | 2006 | | from the recipient: |
---|
2007 | 2007 | | (A) a letter of authorization from the business |
---|
2008 | 2008 | | that includes the business license or comptroller tax |
---|
2009 | 2009 | | identification number, address, area code, and telephone number and |
---|
2010 | 2010 | | a complete description of how the apparatus is to be used; and |
---|
2011 | 2011 | | (B) the recipient's signature; and |
---|
2012 | 2012 | | (3) for any recipient, sign as a witness to the |
---|
2013 | 2013 | | signature and identification of the recipient. |
---|
2014 | 2014 | | SECTION 110. Section 485.032(c), Health and Safety Code, is |
---|
2015 | 2015 | | amended to read as follows: |
---|
2016 | 2016 | | (c) It is an affirmative defense to prosecution under this |
---|
2017 | 2017 | | section that: |
---|
2018 | 2018 | | (1) the person making the delivery is an adult having |
---|
2019 | 2019 | | supervisory responsibility over the person younger than 18 years of |
---|
2020 | 2020 | | age and: |
---|
2021 | 2021 | | (A) the adult permits the use of the abusable |
---|
2022 | 2022 | | volatile chemical only under the adult's direct supervision and in |
---|
2023 | 2023 | | the adult's presence and only for its intended purpose; and |
---|
2024 | 2024 | | (B) the adult removes the chemical from the |
---|
2025 | 2025 | | person younger than 18 years of age on completion of that use; or |
---|
2026 | 2026 | | (2) the person to whom the abusable volatile chemical |
---|
2027 | 2027 | | was delivered presented to the defendant an apparently valid Texas |
---|
2028 | 2028 | | driver's license or an identification certificate, issued by the |
---|
2029 | 2029 | | Texas Department of Motor Vehicles [Public Safety of the State of |
---|
2030 | 2030 | | Texas] and containing a physical description consistent with the |
---|
2031 | 2031 | | person's appearance, that purported to establish that the person |
---|
2032 | 2032 | | was 18 years of age or older. |
---|
2033 | 2033 | | SECTION 111. Sections 692A.002(11) and (15), Health and |
---|
2034 | 2034 | | Safety Code, are amended to read as follows: |
---|
2035 | 2035 | | (11) "Driver's license" means a license or permit |
---|
2036 | 2036 | | issued by the Texas Department of Motor Vehicles [Public Safety] to |
---|
2037 | 2037 | | operate a vehicle, whether or not conditions are attached to the |
---|
2038 | 2038 | | license or permit. |
---|
2039 | 2039 | | (15) "Identification card" means an identification |
---|
2040 | 2040 | | card issued by the Texas Department of Motor Vehicles [Public |
---|
2041 | 2041 | | Safety]. |
---|
2042 | 2042 | | SECTION 112. Sections 692A.014(a) and (b), Health and |
---|
2043 | 2043 | | Safety Code, are amended to read as follows: |
---|
2044 | 2044 | | (a) When a hospital refers an individual at or near death to |
---|
2045 | 2045 | | a procurement organization, the organization shall make a |
---|
2046 | 2046 | | reasonable search of the records of the Texas Department of Motor |
---|
2047 | 2047 | | Vehicles [Public Safety] and any donor registry that it knows |
---|
2048 | 2048 | | exists for the geographical area in which the individual resides to |
---|
2049 | 2049 | | ascertain whether the individual has made an anatomical gift. |
---|
2050 | 2050 | | (b) A procurement organization must be allowed reasonable |
---|
2051 | 2051 | | access to information in the records of the Texas Department of |
---|
2052 | 2052 | | Motor Vehicles [Public Safety] to ascertain whether an individual |
---|
2053 | 2053 | | at or near death is a donor. |
---|
2054 | 2054 | | SECTION 113. Sections 692A.020(a), (d), (e), (f), (g), (h), |
---|
2055 | 2055 | | (i), and (m), Health and Safety Code, are amended to read as |
---|
2056 | 2056 | | follows: |
---|
2057 | 2057 | | (a) A nonprofit organization designated by the Texas |
---|
2058 | 2058 | | Department of Motor Vehicles [Public Safety] shall maintain and |
---|
2059 | 2059 | | administer a statewide donor registry, to be known as the Glenda |
---|
2060 | 2060 | | Dawson Donate Life-Texas Registry. |
---|
2061 | 2061 | | (d) The Texas Department of Motor Vehicles [Public Safety] |
---|
2062 | 2062 | | at least monthly shall electronically transfer to the nonprofit |
---|
2063 | 2063 | | organization administering the registry the name, date of birth, |
---|
2064 | 2064 | | driver's license number, most recent address, and any other |
---|
2065 | 2065 | | relevant information in the possession of the Texas Department of |
---|
2066 | 2066 | | Motor Vehicles [Public Safety] for any person who indicates on the |
---|
2067 | 2067 | | person's driver's license application under Section 521.401, |
---|
2068 | 2068 | | Transportation Code, that the person would like to make an |
---|
2069 | 2069 | | anatomical gift. |
---|
2070 | 2070 | | (e) The nonprofit organization administering the registry |
---|
2071 | 2071 | | shall: |
---|
2072 | 2072 | | (1) make information obtained from the Texas |
---|
2073 | 2073 | | Department of Motor Vehicles [Public Safety] under Subsection (d) |
---|
2074 | 2074 | | available to procurement organizations; |
---|
2075 | 2075 | | (2) allow potential donors to submit information in |
---|
2076 | 2076 | | writing directly to the organization for inclusion in the |
---|
2077 | 2077 | | Internet-based registry; |
---|
2078 | 2078 | | (3) maintain the Internet-based registry in a manner |
---|
2079 | 2079 | | that allows procurement organizations to immediately access organ, |
---|
2080 | 2080 | | tissue, and eye donation information 24 hours a day, seven days a |
---|
2081 | 2081 | | week through electronic and telephonic methods; and |
---|
2082 | 2082 | | (4) protect the confidentiality and privacy of the |
---|
2083 | 2083 | | individuals providing information to the Internet-based registry, |
---|
2084 | 2084 | | regardless of the manner in which the information is provided. |
---|
2085 | 2085 | | (f) Except as otherwise provided by Subsection (e)(3) or |
---|
2086 | 2086 | | this subsection, the Texas Department of Motor Vehicles [Public |
---|
2087 | 2087 | | Safety], the nonprofit organization administering the registry, or |
---|
2088 | 2088 | | a procurement organization may not sell, rent, or otherwise share |
---|
2089 | 2089 | | any information provided to the Internet-based registry. A |
---|
2090 | 2090 | | procurement organization may share any information provided to the |
---|
2091 | 2091 | | registry with an organ procurement organization or a health care |
---|
2092 | 2092 | | provider or facility providing medical care to a potential donor as |
---|
2093 | 2093 | | necessary to properly identify an individual at the time of |
---|
2094 | 2094 | | donation. |
---|
2095 | 2095 | | (g) The Texas Department of Motor Vehicles [Public Safety], |
---|
2096 | 2096 | | the nonprofit organization administering the registry, or the |
---|
2097 | 2097 | | procurement organizations may not use any demographic or specific |
---|
2098 | 2098 | | data provided to the Internet-based registry for any fund-raising |
---|
2099 | 2099 | | activities. Data may only be transmitted from the selected |
---|
2100 | 2100 | | organization to procurement organizations through electronic and |
---|
2101 | 2101 | | telephonic methods using secure, encrypted technology to preserve |
---|
2102 | 2102 | | the integrity of the data and the privacy of the individuals |
---|
2103 | 2103 | | providing information. |
---|
2104 | 2104 | | (h) In each office authorized to issue driver's licenses or |
---|
2105 | 2105 | | personal identification certificates, the Texas Department of |
---|
2106 | 2106 | | Motor Vehicles [Public Safety] shall make available educational |
---|
2107 | 2107 | | materials developed by the nonprofit organization administering |
---|
2108 | 2108 | | the registry. |
---|
2109 | 2109 | | (i) The Glenda Dawson Donate Life-Texas Registry fund is |
---|
2110 | 2110 | | created as a trust fund outside the state treasury to be held by the |
---|
2111 | 2111 | | comptroller and administered by the Texas Department of Motor |
---|
2112 | 2112 | | Vehicles [Public Safety] as trustee on behalf of the statewide |
---|
2113 | 2113 | | donor registry maintained for the benefit of the citizens of this |
---|
2114 | 2114 | | state. The fund is composed of money deposited to the credit of the |
---|
2115 | 2115 | | fund under Sections 502.405(b), 521.008, and 522.0295, |
---|
2116 | 2116 | | Transportation Code, as provided by those sections. Money in the |
---|
2117 | 2117 | | fund shall be disbursed at least monthly, without appropriation, to |
---|
2118 | 2118 | | the nonprofit organization administering the registry to pay the |
---|
2119 | 2119 | | costs of: |
---|
2120 | 2120 | | (1) maintaining, operating, and updating the |
---|
2121 | 2121 | | Internet-based registry and establishing procedures for an |
---|
2122 | 2122 | | individual to be added to the registry; |
---|
2123 | 2123 | | (2) designing and distributing educational materials |
---|
2124 | 2124 | | for prospective donors as required under this section; and |
---|
2125 | 2125 | | (3) providing education under this chapter. |
---|
2126 | 2126 | | (m) The nonprofit organization administering the registry |
---|
2127 | 2127 | | may: |
---|
2128 | 2128 | | (1) implement a training program for all appropriate |
---|
2129 | 2129 | | Texas Department of Motor Vehicles [Public Safety] and Texas |
---|
2130 | 2130 | | Department of Transportation employees on the benefits of organ, |
---|
2131 | 2131 | | tissue, and eye donation and the procedures for individuals to be |
---|
2132 | 2132 | | added to the Internet-based registry; and |
---|
2133 | 2133 | | (2) conduct the training described by Subdivision (1) |
---|
2134 | 2134 | | on an ongoing basis for new employees. |
---|
2135 | 2135 | | SECTION 114. Section 841.0822, Health and Safety Code, is |
---|
2136 | 2136 | | amended to read as follows: |
---|
2137 | 2137 | | Sec. 841.0822. REQUIRED PROCEDURES BEFORE RELEASE FROM |
---|
2138 | 2138 | | SECURE CORRECTIONAL FACILITY. Before a committed person is |
---|
2139 | 2139 | | released from a secure correctional facility, the Texas Department |
---|
2140 | 2140 | | of Criminal Justice shall ensure that: |
---|
2141 | 2141 | | (1) the Texas Department of Motor Vehicles [Public |
---|
2142 | 2142 | | Safety] issues a personal identification card to the person; and |
---|
2143 | 2143 | | (2) the person completes an application for the |
---|
2144 | 2144 | | following federal benefits, as appropriate, for which the person |
---|
2145 | 2145 | | may be eligible: |
---|
2146 | 2146 | | (A) social security benefits, including |
---|
2147 | 2147 | | disability benefits, administered by the United States Social |
---|
2148 | 2148 | | Security Administration; and |
---|
2149 | 2149 | | (B) veterans benefits administered by the United |
---|
2150 | 2150 | | States Department of Veterans Affairs. |
---|
2151 | 2151 | | SECTION 115. Sections 841.153(a), (c), and (d), Health and |
---|
2152 | 2152 | | Safety Code, are amended to read as follows: |
---|
2153 | 2153 | | (a) On the release of a committed person from a correctional |
---|
2154 | 2154 | | facility, secure correctional facility, or secure detention |
---|
2155 | 2155 | | facility, as those terms are defined by Section 841.151, the office |
---|
2156 | 2156 | | shall: |
---|
2157 | 2157 | | (1) determine whether the person has: |
---|
2158 | 2158 | | (A) a valid license issued under Chapter 521 or |
---|
2159 | 2159 | | 522, Transportation Code; or |
---|
2160 | 2160 | | (B) a valid personal identification certificate |
---|
2161 | 2161 | | issued under Chapter 521, Transportation Code; and |
---|
2162 | 2162 | | (2) if the person does not have a valid license or |
---|
2163 | 2163 | | certificate described by Subdivision (1), submit to the Texas |
---|
2164 | 2164 | | Department of Motor Vehicles [Public Safety] on behalf of the |
---|
2165 | 2165 | | person a request for the issuance of a personal identification |
---|
2166 | 2166 | | certificate under Chapter 521, Transportation Code. |
---|
2167 | 2167 | | (c) The office, the Texas Department of Motor Vehicles |
---|
2168 | 2168 | | [Public Safety], and the vital statistics unit of the Department of |
---|
2169 | 2169 | | State Health Services by rule shall adopt a memorandum of |
---|
2170 | 2170 | | understanding that establishes their respective responsibilities |
---|
2171 | 2171 | | with respect to the issuance of a personal identification |
---|
2172 | 2172 | | certificate to a committed person, including responsibilities |
---|
2173 | 2173 | | related to verification of the person's identity. The memorandum |
---|
2174 | 2174 | | of understanding must require the Department of State Health |
---|
2175 | 2175 | | Services to electronically verify the birth record of a committed |
---|
2176 | 2176 | | person whose name and any other personal information is provided by |
---|
2177 | 2177 | | the office and to electronically report the recorded filing |
---|
2178 | 2178 | | information to the Texas Department of Motor Vehicles [Public |
---|
2179 | 2179 | | Safety] to validate the identity of a committed person under this |
---|
2180 | 2180 | | section. |
---|
2181 | 2181 | | (d) The office shall reimburse the Texas Department of Motor |
---|
2182 | 2182 | | Vehicles [Public Safety] or the Department of State Health |
---|
2183 | 2183 | | Services, as applicable, for the actual costs incurred by those |
---|
2184 | 2184 | | agencies in performing responsibilities established under this |
---|
2185 | 2185 | | section. The office may charge a committed person for the actual |
---|
2186 | 2186 | | costs incurred under this section or for the fees required by |
---|
2187 | 2187 | | Section 521.421, Transportation Code. |
---|
2188 | 2188 | | SECTION 116. Section 23.002, Human Resources Code, is |
---|
2189 | 2189 | | amended to read as follows: |
---|
2190 | 2190 | | Sec. 23.002. LICENSING AUTHORITIES SUBJECT TO CHAPTER. In |
---|
2191 | 2191 | | this chapter, "licensing authority" means: |
---|
2192 | 2192 | | (1) the Parks and Wildlife Department; and |
---|
2193 | 2193 | | (2) the Texas Department of Motor Vehicles [Public |
---|
2194 | 2194 | | Safety of the State of Texas]. |
---|
2195 | 2195 | | SECTION 117. Sections 245.0536(a), (c), and (d), Human |
---|
2196 | 2196 | | Resources Code, are amended to read as follows: |
---|
2197 | 2197 | | (a) Before releasing a child under supervision or finally |
---|
2198 | 2198 | | discharging a child, the department shall: |
---|
2199 | 2199 | | (1) determine whether the child has: |
---|
2200 | 2200 | | (A) a valid license issued under Chapter 521, |
---|
2201 | 2201 | | Transportation Code; or |
---|
2202 | 2202 | | (B) a valid personal identification certificate |
---|
2203 | 2203 | | issued under Chapter 521, Transportation Code; and |
---|
2204 | 2204 | | (2) if the child does not have a valid license or |
---|
2205 | 2205 | | certificate described by Subdivision (1), submit to the Texas |
---|
2206 | 2206 | | Department of Motor Vehicles [Public Safety] on behalf of the child |
---|
2207 | 2207 | | a request for the issuance of a personal identification certificate |
---|
2208 | 2208 | | under Chapter 521, Transportation Code. |
---|
2209 | 2209 | | (c) The department, the Texas Department of Motor Vehicles |
---|
2210 | 2210 | | [Public Safety], and the vital statistics unit of the Department of |
---|
2211 | 2211 | | State Health Services shall adopt a memorandum of understanding |
---|
2212 | 2212 | | that establishes their respective responsibilities with respect to |
---|
2213 | 2213 | | the issuance of a personal identification certificate to a child, |
---|
2214 | 2214 | | including responsibilities related to verification of the child's |
---|
2215 | 2215 | | identity. The memorandum of understanding must require the |
---|
2216 | 2216 | | Department of State Health Services to electronically verify the |
---|
2217 | 2217 | | birth record of a child whose name and any other personal |
---|
2218 | 2218 | | information is provided by the department and to electronically |
---|
2219 | 2219 | | report the recorded filing information to the Department of Public |
---|
2220 | 2220 | | Safety to validate the identity of a child under this section. |
---|
2221 | 2221 | | (d) The department shall reimburse the Texas Department of |
---|
2222 | 2222 | | Motor Vehicles [Public Safety] or the Department of State Health |
---|
2223 | 2223 | | Services for the actual costs incurred by those agencies in |
---|
2224 | 2224 | | performing responsibilities established under this section. The |
---|
2225 | 2225 | | department may charge the child's parent or guardian for the actual |
---|
2226 | 2226 | | costs incurred under this section or the fees required by Section |
---|
2227 | 2227 | | 521.421, Transportation Code. |
---|
2228 | 2228 | | SECTION 118. Section 133.124, Local Government Code, is |
---|
2229 | 2229 | | amended to read as follows: |
---|
2230 | 2230 | | Sec. 133.124. ALLOCATION OF FEES TO TRANSPORTATION |
---|
2231 | 2231 | | ADMINISTRATIVE FEE ACCOUNT. The transportation administrative fee |
---|
2232 | 2232 | | account is an account in the general revenue fund. The account |
---|
2233 | 2233 | | consists of money allocated to the account under Section |
---|
2234 | 2234 | | 133.102(e). Money in the account may be appropriated only to the |
---|
2235 | 2235 | | Texas Department of Motor Vehicles [Public Safety] to defray the |
---|
2236 | 2236 | | administrative costs associated with implementing Chapter 706, |
---|
2237 | 2237 | | Transportation Code. |
---|
2238 | 2238 | | SECTION 119. Section 1701.451(a), Occupations Code, is |
---|
2239 | 2239 | | amended to read as follows: |
---|
2240 | 2240 | | (a) Before a law enforcement agency may hire a person |
---|
2241 | 2241 | | licensed under this chapter, the agency must, on a form and in the |
---|
2242 | 2242 | | manner prescribed by the commission: |
---|
2243 | 2243 | | (1) obtain the person's written consent for the agency |
---|
2244 | 2244 | | to review the information required to be reviewed under this |
---|
2245 | 2245 | | section; |
---|
2246 | 2246 | | (2) request from the commission and any other |
---|
2247 | 2247 | | applicable person information required to be reviewed under this |
---|
2248 | 2248 | | section; and |
---|
2249 | 2249 | | (3) submit to the commission confirmation that the |
---|
2250 | 2250 | | agency, to the best of the agency's ability before hiring the |
---|
2251 | 2251 | | person: |
---|
2252 | 2252 | | (A) contacted each entity or individual |
---|
2253 | 2253 | | necessary to obtain the information required to be reviewed under |
---|
2254 | 2254 | | this section; and |
---|
2255 | 2255 | | (B) except as provided by Subsection (b), |
---|
2256 | 2256 | | obtained and reviewed as related to the person, as applicable: |
---|
2257 | 2257 | | (i) personnel files, as described by |
---|
2258 | 2258 | | Section 1701.4535, and other employee records from each previous |
---|
2259 | 2259 | | law enforcement agency employer, including the employment |
---|
2260 | 2260 | | application submitted to the previous employer; |
---|
2261 | 2261 | | (ii) employment termination reports and |
---|
2262 | 2262 | | misconduct investigation reports maintained by the commission |
---|
2263 | 2263 | | under this subchapter; |
---|
2264 | 2264 | | (iii) service records maintained by the |
---|
2265 | 2265 | | commission; |
---|
2266 | 2266 | | (iv) proof that the person meets the |
---|
2267 | 2267 | | minimum qualifications for enrollment in a training program under |
---|
2268 | 2268 | | Section 1701.251(a); |
---|
2269 | 2269 | | (v) a military veteran's United States |
---|
2270 | 2270 | | Department of Defense Form DD-214 or other military discharge |
---|
2271 | 2271 | | record; |
---|
2272 | 2272 | | (vi) criminal history record information; |
---|
2273 | 2273 | | (vii) information on pending warrants as |
---|
2274 | 2274 | | available through the Texas Crime Information Center and National |
---|
2275 | 2275 | | Crime Information Center; |
---|
2276 | 2276 | | (viii) evidence of financial |
---|
2277 | 2277 | | responsibility as required by Section 601.051, Transportation |
---|
2278 | 2278 | | Code; |
---|
2279 | 2279 | | (ix) a driving record from the Texas |
---|
2280 | 2280 | | Department of Motor Vehicles [Public Safety]; |
---|
2281 | 2281 | | (x) proof of United States citizenship or, |
---|
2282 | 2282 | | if the person is an honorably discharged veteran of the armed forces |
---|
2283 | 2283 | | of the United States with at least two years of service before |
---|
2284 | 2284 | | discharge, proof of legal permanent residence and proof that the |
---|
2285 | 2285 | | person has applied for United States citizenship; |
---|
2286 | 2286 | | (xi) information on the person's background |
---|
2287 | 2287 | | from at least three personal references and at least two |
---|
2288 | 2288 | | professional references; and |
---|
2289 | 2289 | | (xii) information on the person's law |
---|
2290 | 2290 | | enforcement background as available through a database designated |
---|
2291 | 2291 | | by the commission under Section 1701.169 and, if applicable, a file |
---|
2292 | 2292 | | or record obtained by the commission under Section 1701.3035. |
---|
2293 | 2293 | | SECTION 120. Section 1805.051(d), Occupations Code, is |
---|
2294 | 2294 | | amended to read as follows: |
---|
2295 | 2295 | | (d) The list required by Subsection (c) must contain: |
---|
2296 | 2296 | | (1) the proposed seller's driver's license number or |
---|
2297 | 2297 | | Texas Department of Motor Vehicles [Public Safety] identification |
---|
2298 | 2298 | | card number, as recorded by the dealer on physical presentation of |
---|
2299 | 2299 | | the license or identification card by the seller; |
---|
2300 | 2300 | | (2) a complete and accurate description of each |
---|
2301 | 2301 | | business machine, including its serial number or other identifying |
---|
2302 | 2302 | | marks or symbols; |
---|
2303 | 2303 | | (3) the proposed seller's certification that the |
---|
2304 | 2304 | | information is true and complete; and |
---|
2305 | 2305 | | (4) if the business machine is delivered to the |
---|
2306 | 2306 | | secondhand dealer for sale or exchange at an auction, the make, |
---|
2307 | 2307 | | year, model, color, and registration number of the vehicle in which |
---|
2308 | 2308 | | the business machine is transported to the auction. |
---|
2309 | 2309 | | SECTION 121. Section 1805.052(b), Occupations Code, is |
---|
2310 | 2310 | | amended to read as follows: |
---|
2311 | 2311 | | (b) Except as provided by Section 1805.053, a report |
---|
2312 | 2312 | | required by this chapter must contain: |
---|
2313 | 2313 | | (1) the name and address of the seller of the business |
---|
2314 | 2314 | | machine; |
---|
2315 | 2315 | | (2) a complete and accurate description of the |
---|
2316 | 2316 | | business machine for which the report is made, including the serial |
---|
2317 | 2317 | | number or other identifying marks or symbols; |
---|
2318 | 2318 | | (3) the seller's certification that the information is |
---|
2319 | 2319 | | true and complete; and |
---|
2320 | 2320 | | (4) the seller's driver's license number or Texas |
---|
2321 | 2321 | | Department of Motor Vehicles [Public Safety] identification card |
---|
2322 | 2322 | | number, as recorded by the dealer on physical presentation of the |
---|
2323 | 2323 | | license or identification card by the seller. |
---|
2324 | 2324 | | SECTION 122. Section 1956.001(8), Occupations Code, is |
---|
2325 | 2325 | | amended to read as follows: |
---|
2326 | 2326 | | (8) "Personal identification document" means: |
---|
2327 | 2327 | | (A) a valid driver's license issued by a state in |
---|
2328 | 2328 | | the United States; |
---|
2329 | 2329 | | (B) a United States military identification |
---|
2330 | 2330 | | card; or |
---|
2331 | 2331 | | (C) a personal identification certificate issued |
---|
2332 | 2332 | | by the Texas Department of Motor Vehicles [department] under |
---|
2333 | 2333 | | Section 521.101, Transportation Code, or a corresponding card or |
---|
2334 | 2334 | | certificate issued by another state. |
---|
2335 | 2335 | | SECTION 123. Section 1956.062(c), Occupations Code, is |
---|
2336 | 2336 | | amended to read as follows: |
---|
2337 | 2337 | | (c) The dealer shall record the proposed seller's driver's |
---|
2338 | 2338 | | license number or [department] personal identification certificate |
---|
2339 | 2339 | | number on physical presentation of the license or personal |
---|
2340 | 2340 | | identification certificate by the seller. The record must |
---|
2341 | 2341 | | accompany the list. |
---|
2342 | 2342 | | SECTION 124. Section 2033.017(f), Occupations Code, is |
---|
2343 | 2343 | | amended to read as follows: |
---|
2344 | 2344 | | (f) It is an affirmative defense to prosecution of an |
---|
2345 | 2345 | | offense under Subsection (a) that the minor falsely represented the |
---|
2346 | 2346 | | minor's age by displaying to the person an apparently valid Texas |
---|
2347 | 2347 | | driver's license or identification card issued by the Texas |
---|
2348 | 2348 | | Department of Motor Vehicles [Public Safety] that contains a |
---|
2349 | 2349 | | physical description consistent with the minor's appearance. |
---|
2350 | 2350 | | SECTION 125. Section 2402.107(b), Occupations Code, is |
---|
2351 | 2351 | | amended to read as follows: |
---|
2352 | 2352 | | (b) A transportation network company may not permit an |
---|
2353 | 2353 | | individual to log in as a driver on the company's digital network if |
---|
2354 | 2354 | | the individual: |
---|
2355 | 2355 | | (1) has been convicted in the three-year period |
---|
2356 | 2356 | | preceding the issue date of the driving record obtained under |
---|
2357 | 2357 | | Subsection (a)(3) of: |
---|
2358 | 2358 | | (A) more than three offenses classified by the |
---|
2359 | 2359 | | Texas Department of Motor Vehicles [Public Safety] as moving |
---|
2360 | 2360 | | violations; or |
---|
2361 | 2361 | | (B) one or more of the following offenses: |
---|
2362 | 2362 | | (i) fleeing or attempting to elude a police |
---|
2363 | 2363 | | officer under Section 545.421, Transportation Code; |
---|
2364 | 2364 | | (ii) reckless driving under Section |
---|
2365 | 2365 | | 545.401, Transportation Code; |
---|
2366 | 2366 | | (iii) driving without a valid driver's |
---|
2367 | 2367 | | license under Section 521.025, Transportation Code; or |
---|
2368 | 2368 | | (iv) driving with an invalid driver's |
---|
2369 | 2369 | | license under Section 521.457, Transportation Code; |
---|
2370 | 2370 | | (2) has been convicted in the preceding seven-year |
---|
2371 | 2371 | | period of any of the following: |
---|
2372 | 2372 | | (A) driving while intoxicated under Section |
---|
2373 | 2373 | | 49.04 or 49.045, Penal Code; |
---|
2374 | 2374 | | (B) use of a motor vehicle to commit a felony; |
---|
2375 | 2375 | | (C) a felony crime involving property damage; |
---|
2376 | 2376 | | (D) fraud; |
---|
2377 | 2377 | | (E) theft; |
---|
2378 | 2378 | | (F) an act of violence; or |
---|
2379 | 2379 | | (G) an act of terrorism; or |
---|
2380 | 2380 | | (3) is found to be registered in the national sex |
---|
2381 | 2381 | | offender public website maintained by the United States Department |
---|
2382 | 2382 | | of Justice or a successor agency. |
---|
2383 | 2383 | | SECTION 126. Sections 11.43(f) and (m), Tax Code, are |
---|
2384 | 2384 | | amended to read as follows: |
---|
2385 | 2385 | | (f) The comptroller, in prescribing the contents of the |
---|
2386 | 2386 | | application form for each kind of exemption, shall ensure that the |
---|
2387 | 2387 | | form requires an applicant to furnish the information necessary to |
---|
2388 | 2388 | | determine the validity of the exemption claim. The form must |
---|
2389 | 2389 | | require an applicant to provide the applicant's name and driver's |
---|
2390 | 2390 | | license number, personal identification certificate number, or |
---|
2391 | 2391 | | social security account number. If the applicant is a charitable |
---|
2392 | 2392 | | organization with a federal tax identification number, the form |
---|
2393 | 2393 | | must allow the applicant to provide the organization's federal tax |
---|
2394 | 2394 | | identification number in lieu of a driver's license number, |
---|
2395 | 2395 | | personal identification certificate number, or social security |
---|
2396 | 2396 | | account number. The comptroller shall include on the forms a notice |
---|
2397 | 2397 | | of the penalties prescribed by Section 37.10, Penal Code, for |
---|
2398 | 2398 | | making or filing an application containing a false statement. The |
---|
2399 | 2399 | | comptroller shall include, on application forms for exemptions that |
---|
2400 | 2400 | | do not have to be claimed annually, a statement explaining that the |
---|
2401 | 2401 | | application need not be made annually and that if the exemption is |
---|
2402 | 2402 | | allowed, the applicant has a duty to notify the chief appraiser when |
---|
2403 | 2403 | | the applicant's entitlement to the exemption ends. In this |
---|
2404 | 2404 | | subsection: |
---|
2405 | 2405 | | (1) "Driver's license" has the meaning assigned that |
---|
2406 | 2406 | | term by Section 521.001, Transportation Code. |
---|
2407 | 2407 | | (2) "Personal identification certificate" means a |
---|
2408 | 2408 | | certificate issued by the Texas Department of Motor Vehicles |
---|
2409 | 2409 | | [Public Safety] under Subchapter E, Chapter 521, Transportation |
---|
2410 | 2410 | | Code. |
---|
2411 | 2411 | | (m) Notwithstanding Subsections (a) and (k), if a person who |
---|
2412 | 2412 | | receives an exemption under Section 11.13, other than an exemption |
---|
2413 | 2413 | | under Section 11.13(c) or (d) for an individual 65 years of age or |
---|
2414 | 2414 | | older, in a tax year becomes 65 years of age in the next tax year, |
---|
2415 | 2415 | | the person is entitled to receive and the chief appraiser shall |
---|
2416 | 2416 | | allow an exemption under Section 11.13(c) or (d) for an individual |
---|
2417 | 2417 | | 65 years of age or older in that next tax year on the same property |
---|
2418 | 2418 | | without requiring the person to apply for or otherwise request the |
---|
2419 | 2419 | | exemption if the person's age is shown by: |
---|
2420 | 2420 | | (1) information in the records of the appraisal |
---|
2421 | 2421 | | district that was provided to the appraisal district by the |
---|
2422 | 2422 | | individual in an application for an exemption under Section 11.13 |
---|
2423 | 2423 | | on the property or in correspondence relating to the property; or |
---|
2424 | 2424 | | (2) the information provided by the Texas Department |
---|
2425 | 2425 | | of Motor Vehicles [Public Safety] to the appraisal district under |
---|
2426 | 2426 | | Section 521.049, Transportation Code. |
---|
2427 | 2427 | | SECTION 127. Section 411.0085, Government Code, is |
---|
2428 | 2428 | | repealed. |
---|
2429 | 2429 | | SECTION 128. (a) Effective January 1, 2027, the powers and |
---|
2430 | 2430 | | duties of the Department of Public Safety with regard to driver's |
---|
2431 | 2431 | | licenses, personal identification certificates, and other |
---|
2432 | 2432 | | miscellaneous programs, powers, and duties are transferred to the |
---|
2433 | 2433 | | Texas Department of Motor Vehicles in accordance with this Act. |
---|
2434 | 2434 | | (b) Effective January 1, 2027, all rules of the Department |
---|
2435 | 2435 | | of Public Safety relating to driver's licenses, personal |
---|
2436 | 2436 | | identification certificates, and other miscellaneous programs, |
---|
2437 | 2437 | | powers, and duties are continued in effect as rules of the Texas |
---|
2438 | 2438 | | Department of Motor Vehicles until superseded by a rule of the Texas |
---|
2439 | 2439 | | Department of Motor Vehicles. A license or certification issued by |
---|
2440 | 2440 | | the Department of Public Safety relating to driver's licenses, |
---|
2441 | 2441 | | personal identification certificates, and other miscellaneous |
---|
2442 | 2442 | | programs, powers, and duties is continued in effect as provided by |
---|
2443 | 2443 | | the law in effect immediately before the effective date of this Act. |
---|
2444 | 2444 | | A complaint, investigation, contested case, or other proceeding |
---|
2445 | 2445 | | relating to driver's licenses, personal identification |
---|
2446 | 2446 | | certificates, and other miscellaneous programs, powers, and duties |
---|
2447 | 2447 | | that is pending on the effective date of this Act is continued |
---|
2448 | 2448 | | without change in status after the effective date of this Act. An |
---|
2449 | 2449 | | activity conducted by the Department of Public Safety relating to |
---|
2450 | 2450 | | driver's licenses, personal identification certificates, and other |
---|
2451 | 2451 | | miscellaneous programs, powers, and duties is considered to be an |
---|
2452 | 2452 | | activity conducted by the Texas Department of Motor Vehicles. |
---|
2453 | 2453 | | (c) On September 1, 2025, or as soon as possible after that |
---|
2454 | 2454 | | date, the public safety director of the Department of Public Safety |
---|
2455 | 2455 | | shall adopt a comprehensive plan to ensure the smooth transition of |
---|
2456 | 2456 | | all programs operated by the Department of Public Safety relating |
---|
2457 | 2457 | | to driver's licenses, personal identification certificates, and |
---|
2458 | 2458 | | other miscellaneous programs, powers, and duties before January 1, |
---|
2459 | 2459 | | 2027, from the Department of Public Safety to the Texas Department |
---|
2460 | 2460 | | of Motor Vehicles. |
---|
2461 | 2461 | | SECTION 129. Effective January 1, 2027: |
---|
2462 | 2462 | | (1) all money, contracts, leases, rights, property, |
---|
2463 | 2463 | | records, and bonds and other obligations of the Department of |
---|
2464 | 2464 | | Public Safety relating to driver's licenses, personal |
---|
2465 | 2465 | | identification certificates, and other miscellaneous programs, |
---|
2466 | 2466 | | powers, and duties are transferred to the Texas Department of Motor |
---|
2467 | 2467 | | Vehicles; and |
---|
2468 | 2468 | | (2) an employee of the Department of Public Safety |
---|
2469 | 2469 | | driver license division and any employee of the Department of |
---|
2470 | 2470 | | Public Safety who primarily performs duties related to a power or |
---|
2471 | 2471 | | duty transferred under this Act become employees of the Texas |
---|
2472 | 2472 | | Department of Motor Vehicles. |
---|
2473 | 2473 | | SECTION 130. (a) The unobligated and unexpended balance of |
---|
2474 | 2474 | | any appropriations made to the Department of Public Safety in |
---|
2475 | 2475 | | connection with or relating to driver's licenses, personal |
---|
2476 | 2476 | | identification certificates, or other programs, powers, or duties |
---|
2477 | 2477 | | transferred under this Act, for the state fiscal biennium ending |
---|
2478 | 2478 | | August 31, 2027, is transferred to the Texas Department of Motor |
---|
2479 | 2479 | | Vehicles for the purpose of implementing the powers, duties, |
---|
2480 | 2480 | | obligations, and rights of action transferred to that department |
---|
2481 | 2481 | | under this Act. |
---|
2482 | 2482 | | (b) The Department of Public Safety shall continue, as |
---|
2483 | 2483 | | necessary, to perform the duties and functions being transferred to |
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2484 | 2484 | | the Texas Department of Motor Vehicles until the transfer of agency |
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2485 | 2485 | | duties and functions is complete. |
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2486 | 2486 | | SECTION 131. (a) The governing bodies of the Texas |
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2487 | 2487 | | Department of Motor Vehicles and the Department of Public Safety |
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2488 | 2488 | | shall enter into or revise a joint memorandum of understanding to |
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2489 | 2489 | | coordinate the Texas Department of Motor Vehicles' and the |
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2490 | 2490 | | Department of Public Safety's information systems to allow for the |
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2491 | 2491 | | sharing of information so that each department may effectively and |
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2492 | 2492 | | efficiently perform the functions and duties assigned to it. |
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2493 | 2493 | | Neither the Texas Department of Motor Vehicles nor the Department |
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2494 | 2494 | | of Public Safety may impose or collect a fee or charge in connection |
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2495 | 2495 | | with the sharing of information under the joint memorandum of |
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2496 | 2496 | | understanding entered into or revised under this section. |
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2497 | 2497 | | (b) The Texas Department of Motor Vehicles and the |
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2498 | 2498 | | Department of Public Safety shall implement the joint memorandum of |
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2499 | 2499 | | understanding using existing personnel and resources. |
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2500 | 2500 | | (c) Otherwise confidential information shared under the |
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2501 | 2501 | | memorandum of understanding remains subject to the same |
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2502 | 2502 | | confidentiality requirements and legal restrictions on access to |
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2503 | 2503 | | the information that are imposed by law on the department that |
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2504 | 2504 | | originally obtained or collected the information. |
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2505 | 2505 | | (d) Information may be shared under the memorandum of |
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2506 | 2506 | | understanding without the consent of the person who is the subject |
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2507 | 2507 | | of the information. |
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2508 | 2508 | | (e) The memorandum of understanding required by Subsection |
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2509 | 2509 | | (a) of this section must be entered into or revised at the first |
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2510 | 2510 | | official meeting of the board of the Texas Department of Motor |
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2511 | 2511 | | Vehicles occurring after the effective date of this Act. |
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2512 | 2512 | | SECTION 132. (a) In addition to the memorandum of |
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2513 | 2513 | | understanding required by this Act, the governing bodies of the |
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2514 | 2514 | | Texas Department of Motor Vehicles and the Department of Public |
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2515 | 2515 | | Safety may enter into or revise one or more other joint memoranda of |
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2516 | 2516 | | understanding necessary to effect the transfer of the powers and |
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2517 | 2517 | | duties of the Department of Public Safety to the Texas Department of |
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2518 | 2518 | | Motor Vehicles under this Act. A memorandum of understanding may |
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2519 | 2519 | | include an agreement for the provision of office space, utilities, |
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2520 | 2520 | | and other facility services; the need for full-time equivalent |
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2521 | 2521 | | positions of the Department of Public Safety to provide support |
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2522 | 2522 | | services in addition to the positions transferred to the Texas |
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2523 | 2523 | | Department of Motor Vehicles under this Act; other support |
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2524 | 2524 | | services; and the transfer of information technology as necessary |
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2525 | 2525 | | or appropriate to effect the transfer of the powers and duties of |
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2526 | 2526 | | the Department of Public Safety to the Texas Department of Motor |
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2527 | 2527 | | Vehicles. |
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2528 | 2528 | | (b) Subsections (b), (c), and (d) of Section 131 of this Act |
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2529 | 2529 | | apply to a memorandum of understanding entered into or revised |
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2530 | 2530 | | under Subsection (a) of this section. |
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2531 | 2531 | | SECTION 133. It is the intent of the 89th Legislature, |
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2532 | 2532 | | Regular Session, 2025, that the amendments made by this Act to |
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2533 | 2533 | | Section 54.002, Health and Safety Code, as added by Chapter 88 (S.B. |
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2534 | 2534 | | 1249), Acts of the 88th Legislature, Regular Session, 2023, be |
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2535 | 2535 | | harmonized with another Act of the 89th Legislature, Regular |
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2536 | 2536 | | Session, 2025, relating to nonsubstantive additions to and |
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2537 | 2537 | | corrections in enacted codes. |
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2538 | 2538 | | SECTION 134. This Act takes effect immediately if it |
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2539 | 2539 | | receives a vote of two-thirds of all the members elected to each |
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2540 | 2540 | | house, as provided by Section 39, Article III, Texas Constitution. |
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2541 | 2541 | | If this Act does not receive the vote necessary for immediate |
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2542 | 2542 | | effect, this Act takes effect September 1, 2025. |
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