|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the assumption of the powers and duties relating to |
|
driver's licenses, personal identification certificates, and other |
|
related programs, powers, and duties by the Texas Department of |
|
Motor Vehicles. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 192.005, Transportation Code, is amended |
|
to read as follows: |
|
Sec. 192.005. RECORD OF ACCIDENT OR VIOLATION. If a person |
|
operating a railroad locomotive or train is involved in an accident |
|
with another train or a motor vehicle or is arrested for violation |
|
of a law relating to the person's operation of a railroad locomotive |
|
or train: |
|
(1) the number of or other identifying information on |
|
the person's driver's license or commercial driver's license may not |
|
be included in any report of the accident or violation; and |
|
(2) the person's involvement in the accident or |
|
violation may not be recorded in the person's individual driving |
|
record maintained by the Texas Department of Motor Vehicles [Public
|
|
Safety]. |
|
SECTION 2. Section 201.806(b), Transportation Code, is |
|
amended to read as follows: |
|
(b) The department shall provide electronic access to the |
|
system containing the accident reports so that the Texas Department |
|
of Motor Vehicles [Public Safety] can perform its duties, including |
|
the duty to make timely entries on driver records. |
|
SECTION 3. Sections 502.357(b), (c), and (d), |
|
Transportation Code, are amended to read as follows: |
|
(b) Fees collected under this section shall be deposited to |
|
the credit of the state highway fund except that the comptroller |
|
shall provide for a portion of the fees to be deposited first to the |
|
credit of a special fund in the state treasury outside the general |
|
revenue fund to be known as the TexasSure Fund in a total amount |
|
that is necessary to cover the total amount appropriated to the |
|
Texas Department of Insurance from that fund and for the remaining |
|
fees to be deposited to the state highway fund. Subject to |
|
appropriations, the money deposited to the credit of the state |
|
highway fund under this section may be used by the department |
|
[Department of Public Safety] to: |
|
(1) support the department's [Department of Public
|
|
Safety's] reengineering of the driver's license system to provide |
|
for the issuance by the department [Department of Public Safety] of |
|
a driver's license or personal identification certificate, to |
|
include use of image comparison technology; |
|
(2) establish and maintain a system to support the |
|
driver responsibility program under Chapter 708; and |
|
(3) make lease payments to the master lease purchase |
|
program for the financing of the driver's license reengineering |
|
project. |
|
(c) Subject to appropriation, fees collected under this |
|
section may be used by the [Department of Public Safety, the] Texas |
|
Department of Insurance, the Department of Information Resources, |
|
and the department to carry out Subchapter N, Chapter 601. |
|
(d) The [Department of Public Safety, the] Texas Department |
|
of Insurance, the Department of Information Resources, and the |
|
department shall jointly adopt rules and develop forms necessary to |
|
administer this section. |
|
SECTION 4. Sections 521.001(a)(1-a) and (2), |
|
Transportation Code, are amended to read as follows: |
|
(1-a) "Department" means the Texas Department of Motor |
|
Vehicles [Public Safety]. |
|
(2) "Director" means the executive [public safety] |
|
director of the department. |
|
SECTION 5. Section 521.001(c), Transportation Code, is |
|
amended to read as follows: |
|
(c) The department by rule may define types of vehicles that |
|
are "motorcycles" for the purposes of this chapter, in addition to |
|
those defined under Subsection (a)(6-a), and[. The Texas
|
|
Department of Motor Vehicles by rule may define the types of
|
|
vehicles that are "motorcycles"] for the purposes of Chapters 501, |
|
502, and 503. This subsection applies only to vehicles |
|
manufactured by a manufacturer licensed under Chapter 2301, |
|
Occupations Code. |
|
SECTION 6. Subchapter C, Chapter 521, Transportation Code, |
|
is amended by adding Section 521.064 to read as follows: |
|
Sec. 521.064. REPRODUCTION OF RECORDS. (a) Except as |
|
provided by Subsection (b), the department may photograph, |
|
microphotograph, or film any record in connection with the issuance |
|
of a driver's license or commercial driver's license. |
|
(b) An original fingerprint card may not be photographed or |
|
filmed to dispose of the original record. |
|
(c) The department may create original records in |
|
micrographic form on media, such as computer output microfilm. |
|
(d) A photograph, microphotograph, or film of a record |
|
reproduced under Subsection (a) is equivalent to the original |
|
record for all purposes, including introduction as evidence in all |
|
courts and administrative agency proceedings. A certified or |
|
authenticated copy of such a photograph, microphotograph, or film |
|
is admissible as evidence equally with the original photograph, |
|
microphotograph, or film. |
|
(e) The director or an authorized representative may |
|
certify the authenticity of a photograph, microphotograph, or film |
|
of a record reproduced under this section and shall charge a fee for |
|
the certified photograph, microphotograph, or film as provided by |
|
law. |
|
(f) Certified records shall be furnished to any person who |
|
is authorized by law to receive them. |
|
SECTION 7. Section 521.103, Transportation Code, is amended |
|
by adding Subsection (d) to read as follows: |
|
(d) The department shall promptly send to the Department of |
|
Public Safety any photograph of a person described by Subsection |
|
(a) that is made available to the department through the process of |
|
issuing a personal identification certificate under this section, |
|
including a renewal, duplicate, or corrected certificate, for use |
|
by the Department of Public Safety for purposes of Article |
|
62.005(c), Code of Criminal Procedure. |
|
SECTION 8. Section 521.247, Transportation Code, is amended |
|
to read as follows: |
|
Sec. 521.247. APPROVAL OF IGNITION INTERLOCK DEVICES BY |
|
DEPARTMENT OF PUBLIC SAFETY. (a) The Department of Public Safety |
|
[department] shall adopt rules for the approval of ignition |
|
interlock devices used under this subchapter. |
|
(b) The Department of Public Safety [department] by rule |
|
shall establish general standards for the calibration and |
|
maintenance of the devices. The manufacturer or an authorized |
|
representative of the manufacturer is responsible for calibrating |
|
and maintaining the device. |
|
(c) If the Department of Public Safety [department] |
|
approves a device, the Department of Public Safety [department] |
|
shall notify the manufacturer of that approval in writing. Written |
|
notice from the Department of Public Safety [department] to a |
|
manufacturer is admissible in a civil or criminal proceeding in |
|
this state. The manufacturer shall reimburse the Department of |
|
Public Safety [department] for any cost incurred by the Department |
|
of Public Safety [department] in approving the device. |
|
(d) The Department of Public Safety [department] is not |
|
liable in a civil or criminal proceeding that arises from the use of |
|
an approved device. |
|
SECTION 9. Section 521.2475, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 521.2475. IGNITION INTERLOCK DEVICE EVALUATION. (a) |
|
On January 1 of each year, the Department of Public Safety |
|
[department] shall issue an evaluation of each ignition interlock |
|
device approved under Section 521.247 using guidelines established |
|
by the National Highway Traffic Safety Administration, including: |
|
(1) whether the device provides accurate detection of |
|
alveolar air; |
|
(2) the moving retest abilities of the device; |
|
(3) the use of tamper-proof blood alcohol content |
|
level software by the device; |
|
(4) the anticircumvention design of the device; |
|
(5) the recalibration requirements of the device; and |
|
(6) the breath action required by the operator. |
|
(b) The Department of Public Safety [department] shall |
|
assess the cost of preparing the evaluation equally against each |
|
manufacturer of an approved device. |
|
SECTION 10. Sections 521.2476(a), (b), (c), and (d), |
|
Transportation Code, are amended to read as follows: |
|
(a) The Department of Public Safety [department] by rule |
|
shall establish: |
|
(1) minimum standards for vendors of ignition |
|
interlock devices who conduct business in this state; and |
|
(2) procedures to ensure compliance with those |
|
standards, including procedures for the inspection of a vendor's |
|
facilities. |
|
(b) The minimum standards shall require each vendor to: |
|
(1) be authorized by the Department of Public Safety |
|
[department] to do business in this state; |
|
(2) install a device only if the device is approved |
|
under Section 521.247; |
|
(3) obtain liability insurance providing coverage for |
|
damages arising out of the operation or use of devices in amounts |
|
and under the terms specified by the Department of Public Safety |
|
[department]; |
|
(4) install the device and activate any |
|
anticircumvention feature of the device within a reasonable time |
|
after the vendor receives notice that installation is ordered by a |
|
court; |
|
(5) install and inspect the device in accordance with |
|
any applicable court order; |
|
(6) repair or replace a device not later than 48 hours |
|
after receiving notice of a complaint regarding the operation of |
|
the device; |
|
(7) submit a written report of any violation of a court |
|
order to that court and to the person's supervising officer, if any, |
|
not later than 48 hours after the vendor discovers the violation; |
|
(8) maintain a record of each action taken by the |
|
vendor with respect to each device installed by the vendor, |
|
including each action taken as a result of an attempt to circumvent |
|
the device, until at least the fifth anniversary after the date of |
|
installation; |
|
(9) make a copy of the record available for inspection |
|
by or send a copy of the record to any court, supervising officer, |
|
or the Department of Public Safety [department] on request; and |
|
(10) annually provide to the Department of Public |
|
Safety [department] a written report of each service and ignition |
|
interlock device feature made available by the vendor. |
|
(c) The Department of Public Safety [department] may revoke |
|
its [the department's] authorization for a vendor to do business in |
|
this state if the vendor or an officer or employee of the vendor |
|
violates: |
|
(1) any law of this state that applies to the vendor; |
|
or |
|
(2) any rule adopted by the Department of Public |
|
Safety [department] under this section or another law that applies |
|
to the vendor. |
|
(d) A vendor shall reimburse the Department of Public Safety |
|
[department] for the reasonable cost of conducting each inspection |
|
of the vendor's facilities under this section. |
|
SECTION 11. Section 521.272, Transportation Code, is |
|
amended by adding Subsection (e) to read as follows: |
|
(e) The department shall promptly send to the Department of |
|
Public Safety any photograph of a person described by Subsection |
|
(a) that is made available to the department through the process of |
|
issuing a driver's license under this section, including a renewal, |
|
duplicate, or corrected license, for use by the Department of |
|
Public Safety for purposes of Article 62.005(c), Code of Criminal |
|
Procedure. |
|
SECTION 12. Section 522.003(8), Transportation Code, is |
|
amended to read as follows: |
|
(8) "Department" means the Texas Department of Motor |
|
Vehicles [Public Safety]. |
|
SECTION 13. Section 522.007, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 522.007. EXEMPTION FOR NEIGHBORING STATES. (a) The |
|
executive [public safety] director of the department shall enter |
|
negotiations with an appropriate person or entity of a state |
|
bordering this state for the purpose of applying the exemption |
|
contained in Section 522.004(a)(1) to residents of that state. |
|
(b) The executive [public safety] director of the |
|
department may enter an agreement to apply the exemption contained |
|
in Section 522.004(a)(1) to residents of a bordering state only if |
|
that state extends a similar exemption to residents of this state. |
|
SECTION 14. Section 522.152(d), Transportation Code, is |
|
amended to read as follows: |
|
(d) The organization shall submit an annual report to the |
|
executive director of the department that includes the total dollar |
|
amount of contributions received by the organization under this |
|
section. |
|
SECTION 15. Sections 523.003(2) and (5), Transportation |
|
Code, are amended to read as follows: |
|
(2) "Executive director" means the executive director |
|
of the Texas Department of Motor Vehicles [Public Safety] or the |
|
equivalent officer of another state. |
|
(5) "Licensing authority" means the Texas Department |
|
of Motor Vehicles [Public Safety] or the equivalent agency of |
|
another state. |
|
SECTION 16. Sections 524.001(8) and (9), Transportation |
|
Code, are amended to read as follows: |
|
(8) "Department" means the Texas Department of Motor |
|
Vehicles [Public Safety]. |
|
(9) "Director" means the executive [public safety] |
|
director of the department. |
|
SECTION 17. Section 525.001(b), Transportation Code, is |
|
amended to read as follows: |
|
(b) The Texas Department of Motor Vehicles [Public Safety] |
|
shall include motorcycle and bicycle awareness information in [any
|
|
edition of] the Texas driver's handbook [published after the
|
|
department exhausts the supply of the handbook that the department
|
|
had on September 1, 1993]. |
|
SECTION 18. Section 543.112(b), Transportation Code, is |
|
amended to read as follows: |
|
(b) The uniform certificate of course completion must |
|
include an identifying number by which the Texas Department of |
|
Licensing and Regulation, the court, [or] the department, or the |
|
Texas Department of Motor Vehicles may verify its authenticity with |
|
the course provider and must be in a form adopted by the Texas |
|
Department of Licensing and Regulation. |
|
SECTION 19. Section 601.002(1), Transportation Code, is |
|
amended to read as follows: |
|
(1) "Department" means the Texas Department of Motor |
|
Vehicles [Public Safety]. |
|
SECTION 20. Subchapter A, Chapter 601, Transportation Code, |
|
is amended by adding Section 601.010 to read as follows: |
|
Sec. 601.010. NOTICE TO DEPARTMENT OF PUBLIC SAFETY. The |
|
department shall promptly send notice to the Department of Public |
|
Safety of the suspension of a driver's license and vehicle |
|
registration under this chapter. |
|
SECTION 21. Section 601.023, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 601.023. PAYMENT OF STATUTORY FEES. The department |
|
may pay[:
|
|
[(1)
a statutory fee required by the Texas Department
|
|
of Motor Vehicles for a certified abstract or in connection with
|
|
suspension of a vehicle registration; or
|
|
[(2)] a statutory fee payable to the comptroller for |
|
issuance of a certificate of deposit required by Section 601.122. |
|
SECTION 22. Section 601.233(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) A citation for an offense under Section 601.191 issued |
|
as a result of Section 601.053 must include, in type larger than |
|
other type on the citation, except for the type of the statement |
|
required by Section 708.105, the following statement: |
|
"A second or subsequent conviction of an offense under |
|
the Texas Motor Vehicle Safety Responsibility Act will |
|
result in the suspension of your driver's license and |
|
motor vehicle registration unless you file and |
|
maintain evidence of financial responsibility with the |
|
Texas Department of Motor Vehicles [Public Safety] for |
|
two years from the date of conviction. The department |
|
may waive the requirement to file evidence of |
|
financial responsibility if you file satisfactory |
|
evidence with the department showing that at the time |
|
this citation was issued, the vehicle was covered by a |
|
motor vehicle liability insurance policy or that you |
|
were otherwise exempt from the requirements to provide |
|
evidence of financial responsibility." |
|
SECTION 23. Section 601.451, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 601.451. DEFINITION. In this subchapter, |
|
"implementing agencies" means: |
|
(1) the department; |
|
(2) [the Texas Department of Motor Vehicles;
|
|
[(3)] the Texas Department of Insurance; and |
|
(3) [(4)] the Department of Information Resources. |
|
SECTION 24. Section 662.011(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) Of each fee collected under Sections 521.421(b) and (f) |
|
and Sections 522.029(f) and (g), the Texas Department of Motor |
|
Vehicles [Public Safety] shall send $5 to the comptroller for |
|
deposit to the credit of the motorcycle education fund account. |
|
SECTION 25. Section 703.001(2), Transportation Code, is |
|
amended to read as follows: |
|
(2) "Department" and "licensing authority" mean the |
|
Texas Department of Motor Vehicles [Public Safety]. |
|
SECTION 26. Section 706.001(2), Transportation Code, is |
|
amended to read as follows: |
|
(2) "Department" means the Texas Department of Motor |
|
Vehicles [Public Safety]. |
|
SECTION 27. Section 706.008(c), Transportation Code, is |
|
amended to read as follows: |
|
(c) Except for an action based on a citation issued by a |
|
peace officer employed by the Department of Public Safety |
|
[department], the vendor may not be compensated with state money. |
|
SECTION 28. Section 724.001(7), Transportation Code, is |
|
amended to read as follows: |
|
(7) "Department" means the Texas Department of Motor |
|
Vehicles [Public Safety]. |
|
SECTION 29. Section 724.016, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 724.016. BREATH SPECIMEN. (a) A breath specimen taken |
|
at the request or order of a peace officer must be taken and |
|
analyzed under rules of the Department of Public Safety |
|
[department] by an individual possessing a certificate issued by |
|
the Department of Public Safety [department] certifying that the |
|
individual is qualified to perform the analysis. |
|
(b) The Department of Public Safety [department] may: |
|
(1) adopt rules approving satisfactory analytical |
|
methods; and |
|
(2) ascertain the qualifications of an individual to |
|
perform the analysis. |
|
(c) The Department of Public Safety [department] may revoke |
|
a certificate for cause. |
|
SECTION 30. Sections 724.032(a) and (b), Transportation |
|
Code, are amended to read as follows: |
|
(a) If a person refuses to submit to the taking of a |
|
specimen, whether expressly or because of an intentional failure of |
|
the person to give the specimen, the peace officer shall: |
|
(1) serve notice of license suspension or denial on |
|
the person; |
|
(2) take possession of any license issued by this |
|
state and held by the person arrested; |
|
(3) issue a temporary driving permit to the person |
|
unless department records show or the officer otherwise determines |
|
that the person does not hold a license to operate a motor vehicle |
|
in this state; and |
|
(4) make a written report of the refusal to the |
|
executive director of the department. |
|
(b) The executive director of the department must approve |
|
the form of the refusal report. The report must: |
|
(1) show the grounds for the officer's belief that the |
|
person had been operating a motor vehicle or watercraft powered |
|
with an engine having a manufacturer's rating of 50 horsepower or |
|
above while intoxicated; and |
|
(2) contain a copy of: |
|
(A) the refusal statement requested under |
|
Section 724.031; or |
|
(B) a statement signed by the officer that the |
|
person refused to: |
|
(i) submit to the taking of the requested |
|
specimen; and |
|
(ii) sign the requested statement under |
|
Section 724.031. |
|
SECTION 31. Subchapter C, Chapter 724, Transportation Code, |
|
is amended by adding Section 724.0345 to read as follows: |
|
Sec. 724.0345. NOTICE TO DEPARTMENT OF PUBLIC SAFETY. The |
|
department shall promptly send a copy of each notice of suspension |
|
or denial of a license to the Department of Public Safety. |
|
SECTION 32. Section 411.0111, Government Code, is |
|
transferred to Chapter 1003, Transportation Code, and redesignated |
|
as Section 1003.008, Transportation Code, to read as follows: |
|
Sec. 1003.008 [411.0111]. PROVISION OF CERTAIN INFORMATION |
|
TO COMPTROLLER. (a) Not later than June 1 of every fifth year, the |
|
department shall provide to the comptroller, for the purpose of |
|
assisting the comptroller in the identification of persons entitled |
|
to unclaimed property reported to the comptroller, the name, |
|
address, social security number, date of birth, and driver's |
|
license or state identification number of each person about whom |
|
the department has such information in its records. |
|
(b) Information provided to the comptroller under this |
|
section is confidential and may not be disclosed to the public. |
|
(c) The department shall provide the information in the |
|
format prescribed by rule of the comptroller. |
|
SECTION 33. Sections 106.115(b-2), (d), and (e), Alcoholic |
|
Beverage Code, are amended to read as follows: |
|
(b-2) For purposes of Subsection (b-1), if the defendant is |
|
enrolled in an institution of higher education located in a county |
|
in which access to an alcohol awareness program is readily |
|
available, the court may consider the defendant to be a resident of |
|
that county. If the defendant is not enrolled in such an |
|
institution of higher education or if the court does not consider |
|
the defendant to be a resident of the county in which the |
|
institution is located, the defendant's residence is the residence |
|
listed on the defendant's driver's license or personal |
|
identification certificate issued by the Texas Department of Motor |
|
Vehicles [Public Safety]. If the defendant does not have a driver's |
|
license or personal identification certificate issued by the Texas |
|
Department of Motor Vehicles [Public Safety], the defendant's |
|
residence is the residence on the defendant's voter registration |
|
certificate. If the defendant is not registered to vote, the |
|
defendant's residence is the residence on file with the public |
|
school district on which the defendant's enrollment is based. If |
|
the defendant is not enrolled in public school, the defendant's |
|
residence is determined as provided by commission rule. |
|
(d) If the defendant does not present the required evidence |
|
within the prescribed period, the court: |
|
(1) shall order the Texas Department of Motor Vehicles |
|
[Public Safety] to: |
|
(A) suspend the defendant's driver's license or |
|
permit for a period not to exceed six months or, if the defendant |
|
does not have a license or permit, to deny the issuance of a license |
|
or permit to the defendant for that period; or |
|
(B) if the defendant has been previously |
|
convicted of an offense under one or more of the sections listed in |
|
Subsection (a), suspend the defendant's driver's license or permit |
|
for a period not to exceed one year or, if the defendant does not |
|
have a license or permit, to deny the issuance of a license or |
|
permit to the defendant for that period; and |
|
(2) may order the defendant or the parent, managing |
|
conservator, or guardian of the defendant to do any act or refrain |
|
from doing any act if the court determines that doing the act or |
|
refraining from doing the act will increase the likelihood that the |
|
defendant will present evidence to the court that the defendant has |
|
satisfactorily completed an alcohol awareness program or performed |
|
the required hours of community service. |
|
(e) The Texas Department of Motor Vehicles [Public Safety] |
|
shall send notice of the suspension or prohibition order issued |
|
under Subsection (d) by first class mail to the defendant. The |
|
notice must include the date of the suspension or prohibition |
|
order, the reason for the suspension or prohibition, and the period |
|
covered by the suspension or prohibition. |
|
SECTION 34. Section 106.15(e), Alcoholic Beverage Code, is |
|
amended to read as follows: |
|
(e) A person does not commit an offense under Subsection (a) |
|
if the person younger than 18 years of age falsely represents the |
|
person's age to be at least 18 years of age by displaying an |
|
apparently valid Texas driver's license or an identification card |
|
issued by the Texas Department of Motor Vehicles [Public Safety] |
|
containing a physical description consistent with the person's |
|
appearance. |
|
SECTION 35. Section 20.23(b), Business & Commerce Code, is |
|
amended to read as follows: |
|
(b) Information or documentation that identifies a |
|
protected consumer or a representative of a protected consumer is |
|
considered sufficient proof of identity for purposes of this |
|
subchapter, including: |
|
(1) a social security number or a copy of the social |
|
security card issued by the United States Social Security |
|
Administration; |
|
(2) a certified or official copy of a birth |
|
certificate issued by the entity authorized to issue the birth |
|
certificate; |
|
(3) a copy of a driver's license or identification card |
|
issued by the Texas Department of Motor Vehicles [Public Safety]; |
|
or |
|
(4) any other government-issued identification. |
|
SECTION 36. Article 42.016, Code of Criminal Procedure, is |
|
amended to read as follows: |
|
Art. 42.016. SPECIAL DRIVER'S LICENSE OR IDENTIFICATION |
|
REQUIREMENTS FOR CERTAIN SEX OFFENDERS. If a person is convicted |
|
of, receives a grant of deferred adjudication for, or is |
|
adjudicated as having engaged in delinquent conduct based on a |
|
violation of an offense for which a conviction or adjudication |
|
requires registration as a sex offender under Chapter 62, the court |
|
shall: |
|
(1) issue an order requiring the Texas Department of |
|
Motor Vehicles [Public Safety] to include in any driver's license |
|
record or personal identification certificate record maintained by |
|
the department for the person an indication that the person is |
|
subject to the registration requirements of Chapter 62; |
|
(2) require the person to apply to the Texas |
|
Department of Motor Vehicles [Public Safety] in person for an |
|
original or renewal driver's license or personal identification |
|
certificate not later than the 30th day after the date the person is |
|
released or the date the department sends written notice to the |
|
person of the requirements of Article 62.060, as applicable, and to |
|
annually renew the license or certificate; |
|
(3) notify the person of the consequence of the |
|
conviction or order of deferred adjudication as it relates to the |
|
order issued under this article; and |
|
(4) send to the Texas Department of Motor Vehicles |
|
[Public Safety] a copy of the record of conviction, a copy of the |
|
order granting deferred adjudication, or a copy of the juvenile |
|
adjudication, as applicable, and a copy of the order issued under |
|
this article. |
|
SECTION 37. Article 42A.403(a), Code of Criminal Procedure, |
|
is amended to read as follows: |
|
(a) A judge who places on community supervision a defendant |
|
convicted of an offense under Sections 49.04-49.08, Penal Code, |
|
shall require as a condition of community supervision that the |
|
defendant attend and successfully complete, before the 181st day |
|
after the date community supervision is granted, an educational |
|
program designed to rehabilitate persons who have driven while |
|
intoxicated that is jointly approved by: |
|
(1) the Texas Department of Licensing and Regulation; |
|
(2) the Texas Department of Motor Vehicles [Public
|
|
Safety]; |
|
(3) the traffic safety section of the traffic |
|
operations division of the Texas Department of Transportation; and |
|
(4) the community justice assistance division of the |
|
Texas Department of Criminal Justice. |
|
SECTION 38. Article 42A.406, Code of Criminal Procedure, is |
|
amended to read as follows: |
|
Art. 42A.406. EFFECT OF EDUCATIONAL PROGRAM REQUIREMENTS ON |
|
DRIVING RECORD AND LICENSE. (a) If a defendant is required as a |
|
condition of community supervision to attend an educational program |
|
under Article 42A.403 or 42A.404, or if the court waives the |
|
educational program requirement under Article 42A.403 or the |
|
defendant successfully completes equivalent education under |
|
Article 42A.4045, the court clerk shall immediately report that |
|
fact to the Texas Department of Motor Vehicles [Public Safety], on a |
|
form prescribed by the department, for inclusion in the defendant's |
|
driving record. If the court grants an extension of time in which |
|
the defendant may complete the educational program under Article |
|
42A.403, the court clerk shall immediately report that fact to the |
|
Texas Department of Motor Vehicles [Public Safety] on a form |
|
prescribed by the department. The clerk's report under this |
|
subsection must include the beginning date of the defendant's |
|
community supervision. |
|
(b) On the defendant's successful completion of an |
|
educational program under Article 42A.403 or 42A.404, the |
|
defendant's instructor shall give notice to the Texas Department of |
|
Motor Vehicles [Public Safety] for inclusion in the defendant's |
|
driving record and to the community supervision and corrections |
|
department. The community supervision and corrections department |
|
shall forward the notice to the court clerk for filing. |
|
(c) [(b-1)] Upon release from a residential treatment |
|
facility at which the person successfully completed equivalent |
|
education under Article 42A.4045, at the request of the court |
|
clerk, the director of the residential treatment facility shall |
|
give notice to the Texas Department of Motor Vehicles [Public
|
|
Safety] for inclusion in the person's driving record. |
|
(d) [(c)] If the Texas Department of Motor Vehicles [Public
|
|
Safety] does not receive notice that a defendant required to |
|
complete an educational program has successfully completed the |
|
program within the period required by the judge under this |
|
subchapter, as shown on department records, the department, as |
|
provided by Sections 521.344(e) and (f), Transportation Code, |
|
shall: |
|
(1) revoke the defendant's driver's license; or |
|
(2) prohibit the defendant from obtaining a license. |
|
(e) [(d)] The Texas Department of Motor Vehicles [Public
|
|
Safety] may not reinstate a license revoked under Subsection (d) |
|
[(c)] as the result of an educational program requirement imposed |
|
under Article 42A.403 unless the defendant whose license was |
|
revoked applies to the department for reinstatement of the license |
|
and pays to the department a reinstatement fee of $100. The Texas |
|
Department of Motor Vehicles [Public Safety] shall remit all fees |
|
collected under this subsection to the comptroller for deposit in |
|
the general revenue fund. |
|
SECTION 39. Articles 42A.407(c) and (e), Code of Criminal |
|
Procedure, are amended to read as follows: |
|
(c) If the Texas Department of Motor Vehicles [Public
|
|
Safety] receives notice that a defendant has been required to |
|
attend a subsequent educational program under Article 42A.403 or |
|
42A.404, although the previously required attendance had been |
|
waived, but the judge has not ordered a period of suspension, the |
|
department shall: |
|
(1) suspend the defendant's driver's license; or |
|
(2) issue an order prohibiting the defendant from |
|
obtaining a license for a period of one year. |
|
(e) The suspension of a defendant's driver's license under |
|
Subsection (d) shall be reported to the Texas Department of Motor |
|
Vehicles [Public Safety] as provided under Section 521.347, |
|
Transportation Code. |
|
SECTION 40. Articles 45.050(c) and (f), Code of Criminal |
|
Procedure, are amended to read as follows: |
|
(c) If a child fails to obey an order of a justice or |
|
municipal court under circumstances that would constitute contempt |
|
of court, the justice or municipal court, after providing notice |
|
and an opportunity to be heard, may: |
|
(1) refer the child to the appropriate juvenile court |
|
for delinquent conduct for contempt of the justice or municipal |
|
court order; or |
|
(2) retain jurisdiction of the case, hold the child in |
|
contempt of the justice or municipal court, and order either or both |
|
of the following: |
|
(A) that the contemnor pay a fine not to exceed |
|
$500; or |
|
(B) that the Texas Department of Motor Vehicles |
|
[Public Safety] suspend the contemnor's driver's license or permit |
|
or, if the contemnor does not have a license or permit, to deny the |
|
issuance of a license or permit to the contemnor until the contemnor |
|
fully complies with the orders of the court. |
|
(f) A court that orders suspension or denial of a driver's |
|
license or permit under Subsection (c)(2)(B) shall notify the Texas |
|
Department of Motor Vehicles [Public Safety] on receiving proof of |
|
compliance with the orders of the court. |
|
SECTION 41. Articles 45.051(b-1) and (b-3), Code of |
|
Criminal Procedure, are amended to read as follows: |
|
(b-1) If the defendant is younger than 25 years of age and |
|
the offense committed by the defendant is a traffic offense |
|
classified as a moving violation: |
|
(1) Subsection (b)(8) does not apply; |
|
(2) during the deferral period, the judge: |
|
(A) shall require the defendant to complete a |
|
driving safety course approved under Chapter 1001, Education Code; |
|
and |
|
(B) may require the defendant to complete an |
|
additional driving safety course designed for drivers younger than |
|
25 years of age and approved under Section 1001.111, Education |
|
Code; and |
|
(3) if the defendant holds a provisional license, |
|
during the deferral period the judge shall require that the |
|
defendant be examined by the Texas Department of Motor Vehicles |
|
[Public Safety] as required by Section 521.161(b)(2), |
|
Transportation Code; a defendant is not exempt from the examination |
|
regardless of whether the defendant was examined previously. |
|
(b-3) The fee collected under Subsection (b-2) must be |
|
deposited to the credit of the Texas Department of Motor Vehicles |
|
fund [a special account in the general revenue fund] and may be used |
|
only by the Texas Department of Motor Vehicles [Public Safety] for |
|
the administration of Chapter 521, Transportation Code. |
|
SECTION 42. Articles 45.0511(c), (c-1), and (l), Code of |
|
Criminal Procedure, are amended to read as follows: |
|
(c) The court shall enter judgment on the defendant's plea |
|
of no contest or guilty at the time the plea is made, defer |
|
imposition of the judgment, and allow the defendant 90 days to |
|
successfully complete the approved driving safety course or |
|
motorcycle operator training course and present to the court: |
|
(1) a uniform certificate of completion of the driving |
|
safety course or a verification of completion of the motorcycle |
|
operator training course; |
|
(2) unless the judge proceeds under Subsection (c-1), |
|
the defendant's driving record as maintained by the Texas |
|
Department of Motor Vehicles [Public Safety], if any, showing that |
|
the defendant had not completed an approved driving safety course |
|
or motorcycle operator training course, as applicable, within the |
|
12 months preceding the date of the offense; |
|
(3) an affidavit stating that the defendant was not |
|
taking a driving safety course or motorcycle operator training |
|
course, as applicable, under this article on the date the request to |
|
take the course was made and had not completed such a course that is |
|
not shown on the defendant's driving record within the 12 months |
|
preceding the date of the offense; and |
|
(4) if the defendant does not have a valid Texas |
|
driver's license or permit and is a member, or the spouse or |
|
dependent child of a member, of the United States military forces |
|
serving on active duty, an affidavit stating that the defendant was |
|
not taking a driving safety course or motorcycle operator training |
|
course, as appropriate, in another state on the date the request to |
|
take the course was made and had not completed such a course within |
|
the 12 months preceding the date of the offense. |
|
(c-1) In this subsection, "state electronic Internet |
|
portal" has the meaning assigned by Section 2054.003, Government |
|
Code. As an alternative to receiving the defendant's driving |
|
record under Subsection (c)(2), the judge, at the time the |
|
defendant requests a driving safety course or motorcycle operator |
|
training course dismissal under this article, may require the |
|
defendant to pay a fee in an amount equal to the sum of the amount of |
|
the fee established by Section 521.048, Transportation Code, and |
|
the state electronic Internet portal fee and, using the state |
|
electronic Internet portal, may request the Texas Department of |
|
Motor Vehicles [Public Safety] to provide the judge with a copy of |
|
the defendant's driving record that shows the information described |
|
by Section 521.047(b), Transportation Code. As soon as |
|
practicable and using the state electronic Internet portal, the |
|
Texas Department of Motor Vehicles [Public Safety] shall provide |
|
the judge with the requested copy of the defendant's driving |
|
record. The fee authorized by this subsection is in addition to |
|
any other fee required under this article. If the copy of the |
|
defendant's driving record provided to the judge under this |
|
subsection shows that the defendant has not completed an approved |
|
driving safety course or motorcycle operator training course, as |
|
appropriate, within the 12 months preceding the date of the |
|
offense, the judge shall allow the defendant to complete the |
|
appropriate course as provided by this article. The custodian of a |
|
municipal or county treasury who receives fees collected under this |
|
subsection shall keep a record of the fees and, without deduction or |
|
proration, forward the fees to the comptroller, with and in the |
|
manner required for other fees and costs received in connection |
|
with criminal cases. The comptroller shall credit fees received |
|
under this subsection to the Texas Department of Motor Vehicles |
|
[Public Safety]. |
|
(l) When a defendant complies with Subsection (c), the court |
|
shall: |
|
(1) remove the judgment and dismiss the charge; |
|
(2) report the fact that the defendant successfully |
|
completed a driving safety course or a motorcycle operator training |
|
course and the date of completion to the Texas Department of Motor |
|
Vehicles [Public Safety] for inclusion in the person's driving |
|
record; and |
|
(3) state in that report whether the course was taken |
|
under this article to provide information necessary to determine |
|
eligibility to take a subsequent course under Subsection (b). |
|
SECTION 43. Article 45.052(d), Code of Criminal Procedure, |
|
is amended to read as follows: |
|
(d) A charge dismissed under this article may not be part of |
|
the defendant's criminal record or driving record or used for any |
|
purpose. However, if the charge was for a traffic offense, the |
|
court shall report to the Texas Department of Motor Vehicles |
|
[Public Safety] that the defendant successfully completed the teen |
|
court program and the date of completion for inclusion in the |
|
defendant's driving record. |
|
SECTION 44. (a) This section takes effect only if the Act |
|
of the 86th Legislature, Regular Session, 2019, relating to |
|
nonsubstantive additions to and corrections in enacted codes |
|
becomes law. |
|
(b) Article 62.053(a), Code of Criminal Procedure, as |
|
amended by Chapters 329 (H.B. 355) and 924 (S.B. 1553), Acts of the |
|
85th Legislature, Regular Session, 2017, is reenacted and amended |
|
to read as follows: |
|
(a) Before a person who will be subject to registration |
|
under this chapter is due to be released from a penal institution, |
|
the Texas Department of Criminal Justice or the Texas Juvenile |
|
Justice Department shall determine the person's level of risk to |
|
the community using the sex offender screening tool developed or |
|
selected under Article 62.007 and assign to the person a numeric |
|
risk level of one, two, or three. Before releasing the person, an |
|
official of the penal institution shall: |
|
(1) inform the person that: |
|
(A) not later than the later of the seventh day |
|
after the date on which the person is released or after the date on |
|
which the person moves from a previous residence to a new residence |
|
in this state or not later than the first date the applicable local |
|
law enforcement authority by policy allows the person to register |
|
or verify registration, the person must register or verify |
|
registration with the local law enforcement authority in the |
|
municipality or county in which the person intends to reside; |
|
(B) not later than the seventh day after the date |
|
on which the person is released or the date on which the person |
|
moves from a previous residence to a new residence in this state, |
|
the person must, if the person has not moved to an intended |
|
residence, report to the applicable entity or entities as required |
|
by Article 62.051(h) or (j) or 62.055(e); |
|
(C) not later than the seventh day before the |
|
date on which the person moves to a new residence in this state or |
|
another state, the person must report in person to the local law |
|
enforcement authority designated as the person's primary |
|
registration authority by the department and to the juvenile |
|
probation officer, community supervision and corrections |
|
department officer, or parole officer supervising the person; |
|
(D) not later than the 10th day after the date on |
|
which the person arrives in another state in which the person |
|
intends to reside, the person must register with the law |
|
enforcement agency that is identified by the department as the |
|
agency designated by that state to receive registration |
|
information, if the other state has a registration requirement for |
|
sex offenders; |
|
(E) not later than the 30th day after the date on |
|
which the person is released, the person must apply to the Texas |
|
Department of Motor Vehicles [department] in person for the |
|
issuance of an original or renewal driver's license or personal |
|
identification certificate and a failure to apply to the Texas |
|
Department of Motor Vehicles [department] as required by this |
|
paragraph results in the automatic revocation of any driver's |
|
license or personal identification certificate issued by the Texas |
|
Department of Motor Vehicles [department] to the person; |
|
(F) the person must notify appropriate entities |
|
of any change in status as described by Article 62.057; |
|
(G) certain types of employment are prohibited |
|
under Article 62.063 for a person with a reportable conviction or |
|
adjudication for a sexually violent offense involving a victim |
|
younger than 14 years of age and occurring on or after September 1, |
|
2013; [and] |
|
(H) certain locations of residence are |
|
prohibited under Article 62.064 for a person with a reportable |
|
conviction or adjudication for an offense occurring on or after |
|
September 1, 2017, except as otherwise provided by that article; |
|
and |
|
(I) [(H)] if the person enters the premises of a |
|
school as described by Article 62.065 [62.064] and is subject to the |
|
requirements of that article, the person must immediately notify |
|
the administrative office of the school of the person's presence |
|
and the person's registration status under this chapter; |
|
(2) require the person to sign a written statement |
|
that the person was informed of the person's duties as described by |
|
Subdivision (1) or Subsection (g) or, if the person refuses to sign |
|
the statement, certify that the person was so informed; |
|
(3) obtain the address or, if applicable, a detailed |
|
description of each geographical location where the person expects |
|
to reside on the person's release and other registration |
|
information, including a photograph and complete set of |
|
fingerprints; and |
|
(4) complete the registration form for the person. |
|
SECTION 45. (a) This section takes effect only if the Act |
|
of the 86th Legislature, Regular Session, 2019, relating to |
|
nonsubstantive additions to and corrections in enacted codes does |
|
not become law. |
|
(b) Article 62.053(a), Code of Criminal Procedure, as |
|
amended by Chapters 329 (H.B. 355) and 924 (S.B. 1553), Acts of the |
|
85th Legislature, Regular Session, 2017, is reenacted and amended |
|
to read as follows: |
|
(a) Before a person who will be subject to registration |
|
under this chapter is due to be released from a penal institution, |
|
the Texas Department of Criminal Justice or the Texas Juvenile |
|
Justice Department shall determine the person's level of risk to |
|
the community using the sex offender screening tool developed or |
|
selected under Article 62.007 and assign to the person a numeric |
|
risk level of one, two, or three. Before releasing the person, an |
|
official of the penal institution shall: |
|
(1) inform the person that: |
|
(A) not later than the later of the seventh day |
|
after the date on which the person is released or after the date on |
|
which the person moves from a previous residence to a new residence |
|
in this state or not later than the first date the applicable local |
|
law enforcement authority by policy allows the person to register |
|
or verify registration, the person must register or verify |
|
registration with the local law enforcement authority in the |
|
municipality or county in which the person intends to reside; |
|
(B) not later than the seventh day after the date |
|
on which the person is released or the date on which the person |
|
moves from a previous residence to a new residence in this state, |
|
the person must, if the person has not moved to an intended |
|
residence, report to the applicable entity or entities as required |
|
by Article 62.051(h) or (j) or 62.055(e); |
|
(C) not later than the seventh day before the |
|
date on which the person moves to a new residence in this state or |
|
another state, the person must report in person to the local law |
|
enforcement authority designated as the person's primary |
|
registration authority by the department and to the juvenile |
|
probation officer, community supervision and corrections |
|
department officer, or parole officer supervising the person; |
|
(D) not later than the 10th day after the date on |
|
which the person arrives in another state in which the person |
|
intends to reside, the person must register with the law |
|
enforcement agency that is identified by the department as the |
|
agency designated by that state to receive registration |
|
information, if the other state has a registration requirement for |
|
sex offenders; |
|
(E) not later than the 30th day after the date on |
|
which the person is released, the person must apply to the Texas |
|
Department of Motor Vehicles [department] in person for the |
|
issuance of an original or renewal driver's license or personal |
|
identification certificate and a failure to apply to the Texas |
|
Department of Motor Vehicles [department] as required by this |
|
paragraph results in the automatic revocation of any driver's |
|
license or personal identification certificate issued by the Texas |
|
Department of Motor Vehicles [department] to the person; |
|
(F) the person must notify appropriate entities |
|
of any change in status as described by Article 62.057; |
|
(G) certain types of employment are prohibited |
|
under Article 62.063 for a person with a reportable conviction or |
|
adjudication for a sexually violent offense involving a victim |
|
younger than 14 years of age and occurring on or after September 1, |
|
2013; [and] |
|
(H) certain locations of residence are |
|
prohibited under Article 62.064, as added by Chapter 329 (H.B. |
|
355), Acts of the 85th Legislature, Regular Session, 2017, for a |
|
person with a reportable conviction or adjudication for an offense |
|
occurring on or after September 1, 2017, except as otherwise |
|
provided by that article; and |
|
(I) [(H)] if the person enters the premises of a |
|
school as described by Article 62.064, as added by Chapter 924 (S.B. |
|
1553), Acts of the 85th Legislature, Regular Session, 2017, and is |
|
subject to the requirements of that article, the person must |
|
immediately notify the administrative office of the school of the |
|
person's presence and the person's registration status under this |
|
chapter; |
|
(2) require the person to sign a written statement |
|
that the person was informed of the person's duties as described by |
|
Subdivision (1) or Subsection (g) or, if the person refuses to sign |
|
the statement, certify that the person was so informed; |
|
(3) obtain the address or, if applicable, a detailed |
|
description of each geographical location where the person expects |
|
to reside on the person's release and other registration |
|
information, including a photograph and complete set of |
|
fingerprints; and |
|
(4) complete the registration form for the person. |
|
SECTION 46. Article 62.060, Code of Criminal Procedure, is |
|
amended to read as follows: |
|
Art. 62.060. REQUIREMENTS RELATING TO DRIVER'S LICENSE OR |
|
PERSONAL IDENTIFICATION CERTIFICATE. (a) A person subject to |
|
registration under this chapter shall apply to the Texas Department |
|
of Motor Vehicles [department] in person for the issuance of, as |
|
applicable, an original or renewal driver's license under Section |
|
521.272, Transportation Code, an original or renewal personal |
|
identification certificate under Section 521.103, Transportation |
|
Code, or an original or renewal commercial driver's license or |
|
commercial learner's permit under Section 522.033, Transportation |
|
Code, not later than the 30th day after the date: |
|
(1) the person is released from a penal institution or |
|
is released by a court on community supervision or juvenile |
|
probation; or |
|
(2) the Texas Department of Motor Vehicles |
|
[department] sends written notice to the person of the requirements |
|
of this article. |
|
(b) The person shall annually renew in person each driver's |
|
license or personal identification certificate issued by the Texas |
|
Department of Motor Vehicles [department] to the person, including |
|
each renewal, duplicate, or corrected license or certificate, until |
|
the person's duty to register under this chapter expires. |
|
SECTION 47. Article 62.2021(a), Code of Criminal Procedure, |
|
is amended to read as follows: |
|
(a) Notwithstanding Article 62.060(b), a person subject to |
|
registration who is civilly committed as a sexually violent |
|
predator and resides at a civil commitment center shall renew the |
|
person's state-issued [department-issued] driver's license or |
|
personal identification certificate as prescribed by Section |
|
521.103, 521.272, or 522.033, Transportation Code, as applicable. |
|
SECTION 48. Article 102.022(a), Code of Criminal Procedure, |
|
is amended to read as follows: |
|
(a) In this article, "moving violation" means an offense |
|
that: |
|
(1) involves the operation of a motor vehicle; and |
|
(2) is classified as a moving violation by the Texas |
|
Department of Motor Vehicles [Public Safety] under Section 708.052, |
|
Transportation Code. |
|
SECTION 49. Section 1001.056(d), Education Code, is amended |
|
to read as follows: |
|
(d) A certificate under this section must: |
|
(1) be in a form required by the department; and |
|
(2) include an identifying number by which the |
|
department, a court, [or] the Department of Public Safety, or the |
|
Texas Department of Motor Vehicles may verify its authenticity with |
|
the course provider. |
|
SECTION 50. Section 1001.058(b), Education Code, is amended |
|
to read as follows: |
|
(b) The advisory committee consists of 12 [eleven] members |
|
appointed for staggered six-year terms by the presiding officer of |
|
the commission, with the approval of the commission, as follows: |
|
(1) one member representing a driver education school |
|
that offers a traditional classroom course and in-car training; |
|
(2) one member representing a driver education school |
|
that offers a traditional classroom course, alternative methods of |
|
instruction, or in-car training; |
|
(3) one member representing a driving safety school |
|
offering a traditional classroom course or providing an alternative |
|
method of instruction; |
|
(4) one member representing a driving safety course |
|
provider approved for a traditional classroom course and for an |
|
alternative method of instruction; |
|
(5) one member representing a driving safety course |
|
provider approved for a traditional classroom course or for an |
|
alternative method of instruction; |
|
(6) one licensed instructor; |
|
(7) one representative of the Department of Public |
|
Safety; |
|
(8) one member representing a drug and alcohol driving |
|
awareness program course provider; |
|
(9) one member representing a parent-taught course |
|
provider; [and] |
|
(10) two members representing the public; and |
|
(11) one representative of the Texas Department of |
|
Motor Vehicles. |
|
SECTION 51. Section 13.002(c), Election Code, is amended to |
|
read as follows: |
|
(c) A registration application must include: |
|
(1) the applicant's first name, middle name, if any, |
|
last name, and former name, if any; |
|
(2) the month, day, and year of the applicant's birth; |
|
(3) a statement that the applicant is a United States |
|
citizen; |
|
(4) a statement that the applicant is a resident of the |
|
county; |
|
(5) a statement that the applicant has not been |
|
determined by a final judgment of a court exercising probate |
|
jurisdiction to be: |
|
(A) totally mentally incapacitated; or |
|
(B) partially mentally incapacitated without the |
|
right to vote; |
|
(6) a statement that the applicant has not been |
|
finally convicted of a felony or that the applicant is a felon |
|
eligible for registration under Section 13.001; |
|
(7) the applicant's residence address or, if the |
|
residence has no address, the address at which the applicant |
|
receives mail and a concise description of the location of the |
|
applicant's residence; |
|
(8) the following information: |
|
(A) the applicant's Texas driver's license number |
|
or the number of a personal identification card issued by the Texas |
|
Department of Motor Vehicles [Public Safety]; |
|
(B) if the applicant has not been issued a number |
|
described by Paragraph (A), the last four digits of the applicant's |
|
social security number; or |
|
(C) a statement by the applicant that the |
|
applicant has not been issued a number described by Paragraph (A) or |
|
(B); |
|
(9) if the application is made by an agent, a statement |
|
of the agent's relationship to the applicant; and |
|
(10) the city and county in which the applicant |
|
formerly resided. |
|
SECTION 52. Section 13.004(c), Election Code, is amended to |
|
read as follows: |
|
(c) The following information furnished on a registration |
|
application is confidential and does not constitute public |
|
information for purposes of Chapter 552, Government Code: |
|
(1) a social security number; |
|
(2) a Texas driver's license number; |
|
(3) a number of a personal identification card issued |
|
by the Texas Department of Motor Vehicles [Public Safety]; |
|
(4) an indication that an applicant is interested in |
|
working as an election judge; |
|
(5) the residence address of the applicant, if the |
|
applicant is a federal judge or state judge, as defined by Section |
|
13.0021, the spouse of a federal judge or state judge, or an |
|
individual to whom Section 552.1175, Government Code, applies and |
|
the applicant: |
|
(A) included an affidavit with the registration |
|
application describing the applicant's status under this |
|
subdivision, including an affidavit under Section 13.0021 if the |
|
applicant is a federal judge or state judge or the spouse of a |
|
federal judge or state judge; |
|
(B) provided the registrar with an affidavit |
|
describing the applicant's status under this subdivision, |
|
including an affidavit under Section 15.0215 if the applicant is a |
|
federal judge or state judge or the spouse of a federal judge or |
|
state judge; or |
|
(C) provided the registrar with a completed form |
|
approved by the secretary of state for the purpose of notifying the |
|
registrar of the applicant's status under this subdivision; |
|
(6) the residence address of the applicant, if the |
|
applicant, the applicant's child, or another person in the |
|
applicant's household is a victim of family violence as defined by |
|
Section 71.004, Family Code, who provided the registrar with: |
|
(A) a copy of a protective order issued under |
|
Chapter 85, Family Code, or a magistrate's order for emergency |
|
protection issued under Article 17.292, Code of Criminal Procedure; |
|
or |
|
(B) other independent documentary evidence |
|
necessary to show that the applicant, the applicant's child, or |
|
another person in the applicant's household is a victim of family |
|
violence; |
|
(7) the residence address of the applicant, if the |
|
applicant, the applicant's child, or another person in the |
|
applicant's household is a victim of sexual assault or abuse, |
|
stalking, or trafficking of persons who provided the registrar |
|
with: |
|
(A) a copy of a protective order issued under |
|
Chapter 7A or Article 6.09, Code of Criminal Procedure, or a |
|
magistrate's order for emergency protection issued under Article |
|
17.292, Code of Criminal Procedure; or |
|
(B) other independent documentary evidence |
|
necessary to show that the applicant, the applicant's child, or |
|
another person in the applicant's household is a victim of sexual |
|
assault or abuse, stalking, or trafficking of persons; or |
|
(8) the residence address of the applicant, if the |
|
applicant: |
|
(A) is a participant in the address |
|
confidentiality program administered by the attorney general under |
|
Subchapter C, Chapter 56, Code of Criminal Procedure; and |
|
(B) provided the registrar with proof of |
|
certification under Article 56.84, Code of Criminal Procedure. |
|
SECTION 53. Section 13.072(a), Election Code, is amended to |
|
read as follows: |
|
(a) Unless the registrar challenges the applicant, the |
|
registrar shall approve the application if: |
|
(1) the registrar determines that an application |
|
complies with Section 13.002 and indicates that the applicant is |
|
eligible for registration; and |
|
(2) for an applicant who has not included a statement |
|
described by Section 13.002(c)(8)(C), the registrar verifies with |
|
the secretary of state: |
|
(A) the applicant's Texas driver's license number |
|
or number of a personal identification card issued by the Texas |
|
Department of Motor Vehicles [Public Safety]; or |
|
(B) the last four digits of the applicant's |
|
social security number. |
|
SECTION 54. Section 13.122(a), Election Code, is amended to |
|
read as follows: |
|
(a) In addition to the other statements and spaces for |
|
entering information that appear on an officially prescribed |
|
registration application form, each official form must include: |
|
(1) the statement: "I understand that giving false |
|
information to procure a voter registration is perjury and a crime |
|
under state and federal law."; |
|
(2) a space for the applicant's registration number; |
|
(3) a space for the applicant's Texas driver's license |
|
number or number of a personal identification card issued by the |
|
Texas Department of Motor Vehicles [Public Safety]; |
|
(4) a space for the applicant's telephone number; |
|
(5) a space for the applicant's social security |
|
number; |
|
(6) a space for the applicant's sex; |
|
(7) a statement indicating that the furnishing of the |
|
applicant's telephone number and sex is optional; |
|
(8) a space or box for indicating whether the |
|
applicant or voter is submitting new registration information or a |
|
change in current registration information; |
|
(9) a statement instructing a voter who is using the |
|
form to make a change in current registration information to enter |
|
the voter's name and the changed information in the appropriate |
|
spaces on the form; |
|
(10) a statement that if the applicant declines to |
|
register to vote, that fact will remain confidential and will be |
|
used only for voter registration purposes; |
|
(11) a statement that if the applicant does register |
|
to vote, information regarding the agency or office to which the |
|
application is submitted will remain confidential and will be used |
|
only for voter registration purposes; |
|
(12) a space or box for indicating whether the |
|
applicant is interested in working as an election judge; |
|
(13) a statement warning that a conviction for making |
|
a false statement may result in imprisonment for up to the maximum |
|
amount of time provided by law, a fine of up to the maximum amount |
|
provided by law, or both the imprisonment and the fine; and |
|
(14) any other voter registration information |
|
required by federal law or considered appropriate and required by |
|
the secretary of state. |
|
SECTION 55. Section 16.031(a), Election Code, is amended to |
|
read as follows: |
|
(a) The registrar shall cancel a voter's registration |
|
immediately on receipt of: |
|
(1) notice under Section 13.072(b) or 15.021 or a |
|
response under Section 15.053 that the voter's residence is outside |
|
the county; |
|
(2) an abstract of the voter's death certificate under |
|
Section 16.001(a) or an abstract of an application indicating that |
|
the voter is deceased under Section 16.001(b); |
|
(3) an abstract of a final judgment of the voter's |
|
total mental incapacity, partial mental incapacity without the |
|
right to vote, conviction of a felony, or disqualification under |
|
Section 16.002, 16.003, or 16.004; |
|
(4) notice under Section 112.012 that the voter has |
|
applied for a limited ballot in another county; |
|
(5) notice from a voter registration official in |
|
another state that the voter has registered to vote outside this |
|
state; |
|
(6) notice from the early voting clerk under Section |
|
101.053 that a federal postcard application submitted by an |
|
applicant states a voting residence address located outside the |
|
registrar's county; or |
|
(7) notice from the secretary of state that the voter |
|
has registered to vote in another county, as determined by the |
|
voter's driver's license number or personal identification card |
|
number issued by the Texas Department of Motor Vehicles [Public
|
|
Safety] or social security number. |
|
SECTION 56. Section 20.001(b), Election Code, is amended to |
|
read as follows: |
|
(b) The Texas Department of Motor Vehicles [Public Safety] |
|
is designated as a voter registration agency. |
|
SECTION 57. The heading to Subchapter C, Chapter 20, |
|
Election Code, is amended to read as follows: |
|
SUBCHAPTER C. TEXAS DEPARTMENT OF MOTOR VEHICLES [PUBLIC SAFETY] |
|
SECTION 58. Section 20.061, Election Code, is amended to |
|
read as follows: |
|
Sec. 20.061. APPLICABILITY OF OTHER PROVISIONS. The other |
|
provisions of this chapter apply to the Texas Department of Motor |
|
Vehicles [Public Safety] except provisions that conflict with this |
|
subchapter. |
|
SECTION 59. Section 20.062(a), Election Code, is amended to |
|
read as follows: |
|
(a) The Texas Department of Motor Vehicles [Public Safety] |
|
shall prescribe and use a form and procedure that combines the |
|
department's application form for a license or card with an |
|
officially prescribed voter registration application form. |
|
SECTION 60. Section 20.063(a), Election Code, is amended to |
|
read as follows: |
|
(a) The Texas Department of Motor Vehicles [Public Safety] |
|
shall provide to each person who applies in person at the |
|
department's offices for an original or renewal of a driver's |
|
license, a personal identification card, or a duplicate or |
|
corrected license or card an opportunity to complete a voter |
|
registration application form. |
|
SECTION 61. Section 20.064, Election Code, is amended to |
|
read as follows: |
|
Sec. 20.064. DECLINATION FORM NOT REQUIRED. The Texas |
|
Department of Motor Vehicles [Public Safety] is not required to |
|
comply with the procedures prescribed by this chapter relating to |
|
the form for a declination of voter registration. |
|
SECTION 62. Section 20.065(a), Election Code, is amended to |
|
read as follows: |
|
(a) At the end of each day a Texas Department of Motor |
|
Vehicles [Public Safety] office is regularly open for business, the |
|
manager of the office shall deliver by mail or in person to the |
|
voter registrar of the county in which the office is located each |
|
completed voter registration application and applicable change of |
|
address submitted to a department employee. |
|
SECTION 63. Section 20.066(a), Election Code, is amended to |
|
read as follows: |
|
(a) If a person completes a voter registration application |
|
as provided by Section 20.063, the Texas Department of Motor |
|
Vehicles [Public Safety] shall: |
|
(1) input the information provided on the application |
|
into the department's electronic data system; and |
|
(2) inform the applicant that the applicant's |
|
electronic signature provided to the department will be used for |
|
submitting the applicant's voter registration application. |
|
SECTION 64. Section 31.013(b), Election Code, is amended to |
|
read as follows: |
|
(b) In establishing the program, the secretary of state |
|
shall consult with the Department of Public Safety and Texas |
|
Department of Motor Vehicles on the creation of the program, |
|
security relating to the issuance of an election identification |
|
certificate, best practices in issuing an election identification |
|
certificate, and equipment required to issue an election |
|
identification certificate. |
|
SECTION 65. Section 63.0101(a), Election Code, is amended |
|
to read as follows: |
|
(a) The following documentation is an acceptable form of |
|
photo identification under this chapter: |
|
(1) a driver's license, election identification |
|
certificate, or personal identification card issued to the person |
|
by the Texas Department of Motor Vehicles [Public Safety] that has |
|
not expired or that expired no earlier than four years before the |
|
date of presentation; |
|
(2) a United States military identification card that |
|
contains the person's photograph that has not expired or that |
|
expired no earlier than four years before the date of presentation; |
|
(3) a United States citizenship certificate issued to |
|
the person that contains the person's photograph; |
|
(4) a United States passport book or card issued to the |
|
person that has not expired or that expired no earlier than four |
|
years before the date of presentation; or |
|
(5) a license to carry a handgun issued to the person |
|
by the Department of Public Safety that has not expired or that |
|
expired no earlier than four years before the date of presentation. |
|
SECTION 66. Section 65.060, Election Code, is amended to |
|
read as follows: |
|
Sec. 65.060. DISCLOSURE OF SOCIAL SECURITY, DRIVER'S |
|
LICENSE, OR PERSONAL IDENTIFICATION NUMBER ON PROVISIONAL BALLOT |
|
AFFIDAVIT. A social security number, Texas driver's license |
|
number, or number of a personal identification card issued by the |
|
Texas Department of Motor Vehicles [Public Safety] furnished on a |
|
provisional ballot affidavit is confidential and does not |
|
constitute public information for purposes of Chapter 552, |
|
Government Code. The general custodian of election records shall |
|
ensure that a social security number, Texas driver's license |
|
number, or number of a personal identification card issued by the |
|
Texas Department of Motor Vehicles [Public Safety] is excluded from |
|
disclosure. |
|
SECTION 67. Section 2.005(b), Family Code, is amended to |
|
read as follows: |
|
(b) The proof must be established by: |
|
(1) a driver's license or identification card issued |
|
by this state, another state, or a Canadian province that is current |
|
or has expired not more than two years preceding the date the |
|
identification is submitted to the county clerk in connection with |
|
an application for a license; |
|
(2) a United States passport; |
|
(3) a current passport issued by a foreign country or a |
|
consular document issued by a state or national government; |
|
(4) an unexpired Certificate of United States |
|
Citizenship, Certificate of Naturalization, United States Citizen |
|
Identification Card, Permanent Resident Card, Temporary Resident |
|
Card, Employment Authorization Card, or other document issued by |
|
the federal Department of Homeland Security or the United States |
|
Department of State including an identification photograph; |
|
(5) an unexpired military identification card for |
|
active duty, reserve, or retired personnel with an identification |
|
photograph; |
|
(6) an original or certified copy of a birth |
|
certificate issued by a bureau of vital statistics for a state or a |
|
foreign government; |
|
(7) an original or certified copy of a Consular Report |
|
of Birth Abroad or Certificate of Birth Abroad issued by the United |
|
States Department of State; |
|
(8) an original or certified copy of a court order |
|
relating to the applicant's name change or sex change; |
|
(9) school records from a secondary school or |
|
institution of higher education; |
|
(10) an insurance policy continuously valid for the |
|
two years preceding the date of the application for a license; |
|
(11) a motor vehicle certificate of title; |
|
(12) military records, including documentation of |
|
release or discharge from active duty or a draft record; |
|
(13) an unexpired military dependent identification |
|
card; |
|
(14) an original or certified copy of the applicant's |
|
marriage license or divorce decree; |
|
(15) a voter registration certificate; |
|
(16) a pilot's license issued by the Federal Aviation |
|
Administration or another authorized agency of the United States; |
|
(17) a license to carry a handgun under Subchapter H, |
|
Chapter 411, Government Code; |
|
(18) a temporary driving permit or a temporary |
|
identification card issued by the Texas Department of Motor |
|
Vehicles [Public Safety]; or |
|
(19) an offender identification card issued by the |
|
Texas Department of Criminal Justice. |
|
SECTION 68. Sections 54.042(a), (b), (f), and (g), Family |
|
Code, are amended to read as follows: |
|
(a) A juvenile court, in a disposition hearing under Section |
|
54.04, shall: |
|
(1) order the Texas Department of Motor Vehicles |
|
[Public Safety] to suspend a child's driver's license or permit, or |
|
if the child does not have a license or permit, to deny the issuance |
|
of a license or permit to the child if the court finds that the child |
|
has engaged in conduct that: |
|
(A) violates a law of this state enumerated in |
|
Section 521.342(a), Transportation Code; or |
|
(B) violates a penal law of this state or the |
|
United States, an element or elements of which involve a severe form |
|
of trafficking in persons, as defined by 22 U.S.C. Section 7102; or |
|
(2) notify the Texas Department of Motor Vehicles |
|
[Public Safety] of the adjudication, if the court finds that the |
|
child has engaged in conduct that violates a law of this state |
|
enumerated in Section 521.372(a), Transportation Code. |
|
(b) A juvenile court, in a disposition hearing under Section |
|
54.04, may order the Texas Department of Motor Vehicles [Public
|
|
Safety] to suspend a child's driver's license or permit or, if the |
|
child does not have a license or permit, to deny the issuance of a |
|
license or permit to the child, if the court finds that the child |
|
has engaged in conduct that violates Section 28.08, Penal Code. |
|
(f) A juvenile court, in a disposition hearing under Section |
|
54.04, may order the Texas Department of Motor Vehicles [Public
|
|
Safety] to suspend a child's driver's license or permit or, if the |
|
child does not have a license or permit, to deny the issuance of a |
|
license or permit to the child for a period not to exceed 12 months |
|
if the court finds that the child has engaged in conduct in need of |
|
supervision or delinquent conduct other than the conduct described |
|
by Subsection (a). |
|
(g) A juvenile court that places a child on probation under |
|
Section 54.04 may require as a reasonable condition of the |
|
probation that if the child violates the probation, the court may |
|
order the Texas Department of Motor Vehicles [Public Safety] to |
|
suspend the child's driver's license or permit or, if the child does |
|
not have a license or permit, to deny the issuance of a license or |
|
permit to the child for a period not to exceed 12 months. The court |
|
may make this order if a child that is on probation under this |
|
condition violates the probation. A suspension under this |
|
subsection is cumulative of any other suspension under this |
|
section. |
|
SECTION 69. Section 54.0482(c), Family Code, is amended to |
|
read as follows: |
|
(c) On or before the fifth anniversary of the date the |
|
juvenile probation department receives a payment for a victim that |
|
is not claimed by the victim, the department shall make and document |
|
a good faith effort to locate and notify the victim that an |
|
unclaimed payment exists, including: |
|
(1) confirming, if possible, the victim's most recent |
|
address with the Texas Department of Motor Vehicles [Public
|
|
Safety]; and |
|
(2) making at least one additional certified mailing |
|
to the victim. |
|
SECTION 70. Section 65.103(c), Family Code, is amended to |
|
read as follows: |
|
(c) In addition to any other order authorized by this |
|
section, a truancy court may order the Texas Department of Motor |
|
Vehicles [Public Safety] to suspend the driver's license or permit |
|
of a child who has been found to have engaged in truant conduct. If |
|
the child does not have a driver's license or permit, the court may |
|
order the Texas Department of Motor Vehicles [Public Safety] to |
|
deny the issuance of a license or permit to the child. The period of |
|
the license or permit suspension or the order that the issuance of a |
|
license or permit be denied may not extend beyond the maximum time |
|
period that a remedial order is effective as provided by Section |
|
65.104. |
|
SECTION 71. Section 65.251(a), Family Code, is amended to |
|
read as follows: |
|
(a) If a child fails to obey an order issued by a truancy |
|
court under Section 65.103(a) or a child is in direct contempt of |
|
court, the truancy court, after providing notice and an opportunity |
|
for a hearing, may hold the child in contempt of court and order |
|
either or both of the following: |
|
(1) that the child pay a fine not to exceed $100; or |
|
(2) that the Texas Department of Motor Vehicles |
|
[Public Safety] suspend the child's driver's license or permit or, |
|
if the child does not have a license or permit, order that the Texas |
|
Department of Motor Vehicles [Public Safety] deny the issuance of a |
|
license or permit to the child until the child fully complies with |
|
the court's orders. |
|
SECTION 72. Sections 203.007(b) and (g), Family Code, are |
|
amended to read as follows: |
|
(b) A domestic relations office is entitled to obtain from |
|
the Texas Department of Motor Vehicles and the Department of Public |
|
Safety records that relate to: |
|
(1) a person's date of birth; |
|
(2) a person's most recent address; |
|
(3) a person's current driver's license status; |
|
(4) motor vehicle accidents involving a person; |
|
(5) reported traffic-law violations of which a person |
|
has been convicted; and |
|
(6) a person's criminal history record information. |
|
(g) The Texas Department of Motor Vehicles, the Department |
|
of Public Safety, the Texas Workforce Commission, or the office of |
|
the secretary of state may charge a domestic relations office a fee |
|
not to exceed the charge paid by the Title IV-D agency for |
|
furnishing records under this section. |
|
SECTION 73. Section 264.1211, Family Code, as added by |
|
Chapter 1076 (H.B. 3338), Acts of the 85th Legislature, Regular |
|
Session, 2017, is amended to read as follows: |
|
Sec. 264.1211. RECORDS AND DOCUMENTS FOR CHILDREN AGING OUT |
|
OF FOSTER CARE. The department in cooperation with volunteer |
|
advocates from a charitable organization described by Subchapter C, |
|
Chapter 107, and the Texas Department of Motor Vehicles [Public
|
|
Safety] shall develop procedures to ensure that a foster child |
|
obtains a driver's license or personal identification card before |
|
the child leaves the conservatorship of the department. |
|
SECTION 74. Section 277.002(a), Finance Code, is amended to |
|
read as follows: |
|
(a) A financial institution shall require, as a condition of |
|
opening or maintaining a business checking account, that the |
|
applicant or account holder provide: |
|
(1) if the business is a sole proprietorship: |
|
(A) the name of the business owner; |
|
(B) the physical address of the business; |
|
(C) the home address of the business owner; and |
|
(D) the driver's license number of the business |
|
owner or the personal identification card number issued to the |
|
business owner by the Texas Department of Motor Vehicles [Public
|
|
Safety]; or |
|
(2) if the business is a corporation or other legal |
|
entity, a copy of the business's certificate of incorporation or a |
|
comparable document and an assumed name certificate, if any. |
|
SECTION 75. Sections 62.001(a), (f), (h), and (i), |
|
Government Code, are amended to read as follows: |
|
(a) The jury wheel must be reconstituted by using, as the |
|
source: |
|
(1) the names of all persons on the current voter |
|
registration lists from all the precincts in the county; and |
|
(2) all names on a current list to be furnished by the |
|
Texas Department of Motor Vehicles [Public Safety], showing the |
|
citizens of the county who: |
|
(A) hold a valid Texas driver's license or a |
|
valid personal identification card or certificate issued by the |
|
department; and |
|
(B) are not disqualified from jury service under |
|
Section 62.102(1), (2), or (7). |
|
(f) The Texas Department of Motor Vehicles [Public Safety] |
|
shall furnish a list to the secretary of state that shows the names |
|
required under Subsection (a)(2) and that contains any of the |
|
information enumerated in Subsection (c) that is available to the |
|
department, including citizenship status and county of residence. |
|
The list shall exclude the names of convicted felons, persons who |
|
are not citizens of the United States, persons residing outside the |
|
county, and the duplicate name of any registrant. The department |
|
shall furnish the list to the secretary of state on or before the |
|
first Monday in October of each year. |
|
(h) If the secretary of state is unable to furnish the list |
|
as provided in this section because of the failure of the voter |
|
registrar to furnish the county voter registration list to the |
|
secretary of state, the county tax assessor-collector, sheriff, |
|
county clerk, and district clerk in the county shall meet at the |
|
county courthouse between January 1 and January 15 of the following |
|
year and shall reconstitute the jury wheel for the county, except as |
|
provided under a plan adopted under Section 62.011. The deadlines |
|
included in the plan control for preparing the list and |
|
reconstituting the wheel. The secretary of state shall send the |
|
list furnished by the Texas Department of Motor Vehicles [Public
|
|
Safety] as provided by Subsection (f) to the voter registrar, who |
|
shall combine the lists as described in this section for use as the |
|
juror source and certify the combined list as required of the |
|
secretary of state under Subsection (g). |
|
(i) The commissioners court may, instead of using the method |
|
provided by Subsections (c) through (h), contract with another |
|
governmental unit or a private person to combine the voter |
|
registration list with the list furnished by the Texas Department |
|
of Motor Vehicles [Public Safety]. Subsections (c) through (h) do |
|
not apply to a county in which the commissioners court has |
|
contracted with another governmental unit or a private person under |
|
this subsection. The Texas Department of Motor Vehicles [Public
|
|
Safety] may not charge a fee for furnishing a list under this |
|
subsection. Each list must contain the name, date of birth, |
|
address, county of residence, and citizenship status of each person |
|
listed. If practical, each list must contain any other information |
|
useful in determining if the person is qualified to serve as a |
|
juror. |
|
SECTION 76. Section 72.016, Government Code, is amended to |
|
read as follows: |
|
Sec. 72.016. NOTIFICATION PROCEDURE FOR JUDICIAL PRIVACY. |
|
The director shall develop a procedure to regularly notify county |
|
registrars, the Texas Department of Motor Vehicles [Public Safety], |
|
the Texas Ethics Commission, and any other state agency the office |
|
determines should be notified of the judges, judges' spouses, and |
|
related family members whose personal information must be kept from |
|
public records, as provided under Sections 552.117 and 572.035 of |
|
this code, Sections 13.0021 and 15.0215, Election Code, and Section |
|
521.121, Transportation Code. |
|
SECTION 77. Section 103.021, Government Code, is amended to |
|
read as follows: |
|
Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR |
|
CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant, |
|
or a party to a civil suit, as applicable, shall pay the following |
|
fees and costs under the Code of Criminal Procedure if ordered by |
|
the court or otherwise required: |
|
(1) a personal bond fee (Art. 17.42, Code of Criminal |
|
Procedure) . . . the greater of $20 or three percent of the amount |
|
of the bail fixed for the accused; |
|
(2) cost of electronic monitoring as a condition of |
|
release on personal bond (Art. 17.43, Code of Criminal Procedure) |
|
. . . actual cost; |
|
(3) a fee for verification of and monitoring of motor |
|
vehicle ignition interlock (Art. 17.441, Code of Criminal |
|
Procedure) . . . not to exceed $10; |
|
(3-a) costs associated with operating a global |
|
positioning monitoring system as a condition of release on bond |
|
(Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs, |
|
subject to a determination of indigency; |
|
(3-b) costs associated with providing a defendant's |
|
victim with an electronic receptor device as a condition of the |
|
defendant's release on bond (Art. 17.49(b)(3), Code of Criminal |
|
Procedure) . . . actual costs, subject to a determination of |
|
indigency; |
|
(4) repayment of reward paid by a crime stoppers |
|
organization on conviction of a felony (Art. 37.073, Code of |
|
Criminal Procedure) . . . amount ordered; |
|
(5) reimbursement to general revenue fund for payments |
|
made to victim of an offense as condition of community supervision |
|
(Art. 42A.301(b)(17) [42A.301(17)], Code of Criminal Procedure) |
|
. . . not to exceed $50 for a misdemeanor offense or $100 for a |
|
felony offense; |
|
(6) payment to a crime stoppers organization as |
|
condition of community supervision (Art. 42A.301(b)(20) |
|
[42A.301(20)], Code of Criminal Procedure) . . . not to exceed $50; |
|
(7) children's advocacy center fee (Art. 42A.455, Code |
|
of Criminal Procedure) . . . not to exceed $50; |
|
(8) family violence center fee (Art. 42A.504(b), Code |
|
of Criminal Procedure) . . . $100; |
|
(9) community supervision fee (Art. 42A.652(a), Code |
|
of Criminal Procedure) . . . not less than $25 or more than $60 per |
|
month; |
|
(10) additional community supervision fee for certain |
|
offenses (Art. 42A.653(a), Code of Criminal Procedure) . . . $5 per |
|
month; |
|
(11) for certain financially able sex offenders as a |
|
condition of community supervision, the costs of treatment, |
|
specialized supervision, or rehabilitation (Art. 42A.452, Code of |
|
Criminal Procedure) . . . all or part of the reasonable and |
|
necessary costs of the treatment, supervision, or rehabilitation as |
|
determined by the judge; |
|
(12) fee for failure to appear for trial in a justice |
|
or municipal court if a jury trial is not waived (Art. 45.026, Code |
|
of Criminal Procedure) . . . costs incurred for impaneling the |
|
jury; |
|
(13) costs of certain testing, assessments, or |
|
programs during a deferral period (Art. 45.051, Code of Criminal |
|
Procedure) . . . amount ordered; |
|
(14) special expense on dismissal of certain |
|
misdemeanor complaints (Art. 45.051, Code of Criminal Procedure) |
|
. . . not to exceed amount of fine assessed; |
|
(15) an additional fee: |
|
(A) for a copy of the defendant's driving record |
|
to be requested from the Texas Department of Motor Vehicles [Public
|
|
Safety] by the judge (Art. 45.0511(c-1), Code of Criminal |
|
Procedure) . . . amount equal to the sum of the fee established by |
|
Section 521.048, Transportation Code, and the state electronic |
|
Internet portal fee; |
|
(B) as an administrative fee for requesting a |
|
driving safety course or a course under the motorcycle operator |
|
training and safety program for certain traffic offenses to cover |
|
the cost of administering the article (Art. 45.0511(f)(1), Code of |
|
Criminal Procedure) . . . not to exceed $10; or |
|
(C) for requesting a driving safety course or a |
|
course under the motorcycle operator training and safety program |
|
before the final disposition of the case (Art. 45.0511(f)(2), Code |
|
of Criminal Procedure) . . . not to exceed the maximum amount of the |
|
fine for the offense committed by the defendant; |
|
(16) a request fee for teen court program (Art. |
|
45.052, Code of Criminal Procedure) . . . $20, if the court |
|
ordering the fee is located in the Texas-Louisiana border region, |
|
but otherwise not to exceed $10; |
|
(17) a fee to cover costs of required duties of teen |
|
court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the |
|
court ordering the fee is located in the Texas-Louisiana border |
|
region, but otherwise $10; |
|
(18) a mileage fee for officer performing certain |
|
services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per |
|
mile; |
|
(19) certified mailing of notice of hearing date (Art. |
|
102.006, Code of Criminal Procedure) . . . $1, plus postage; |
|
(20) certified mailing of certified copies of an order |
|
of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2, |
|
plus postage; |
|
(20-a) a fee to defray the cost of notifying state |
|
agencies of orders of expungement (Art. 45.0216, Code of Criminal |
|
Procedure) . . . $30 per application; |
|
(21) sight orders: |
|
(A) if the face amount of the check or sight order |
|
does not exceed $10 (Art. 102.007, Code of Criminal Procedure) |
|
. . . not to exceed $10; |
|
(B) if the face amount of the check or sight order |
|
is greater than $10 but does not exceed $100 (Art. 102.007, Code of |
|
Criminal Procedure) . . . not to exceed $15; |
|
(C) if the face amount of the check or sight order |
|
is greater than $100 but does not exceed $300 (Art. 102.007, Code of |
|
Criminal Procedure) . . . not to exceed $30; |
|
(D) if the face amount of the check or sight order |
|
is greater than $300 but does not exceed $500 (Art. 102.007, Code of |
|
Criminal Procedure) . . . not to exceed $50; and |
|
(E) if the face amount of the check or sight order |
|
is greater than $500 (Art. 102.007, Code of Criminal Procedure) |
|
. . . not to exceed $75; |
|
(22) fees for a pretrial intervention program: |
|
(A) a supervision fee (Art. 102.012(a), Code of |
|
Criminal Procedure) . . . $60 a month plus expenses; and |
|
(B) a district attorney, criminal district |
|
attorney, or county attorney administrative fee (Art. 102.0121, |
|
Code of Criminal Procedure) . . . not to exceed $500; |
|
(23) parking fee violations for child safety fund in |
|
municipalities with populations: |
|
(A) greater than 850,000 (Art. 102.014, Code of |
|
Criminal Procedure) . . . not less than $2 and not to exceed $5; and |
|
(B) less than 850,000 (Art. 102.014, Code of |
|
Criminal Procedure) . . . not to exceed $5; |
|
(24) an administrative fee for collection of fines, |
|
fees, restitution, or other costs (Art. 102.072, Code of Criminal |
|
Procedure) . . . not to exceed $2 for each transaction; |
|
(25) a collection fee, if authorized by the |
|
commissioners court of a county or the governing body of a |
|
municipality, for certain debts and accounts receivable, including |
|
unpaid fines, fees, court costs, forfeited bonds, and restitution |
|
ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30 |
|
percent of an amount more than 60 days past due; and |
|
(26) a cost on conviction for the truancy prevention |
|
and diversion fund (Art. 102.015, Code of Criminal Procedure) . . . |
|
$2. |
|
SECTION 78. Section 411.082(2), Government Code, is amended |
|
to read as follows: |
|
(2) "Criminal history record information" means |
|
information collected about a person by a criminal justice agency |
|
that consists of identifiable descriptions and notations of |
|
arrests, detentions, indictments, informations, and other formal |
|
criminal charges and their dispositions. The term does not |
|
include: |
|
(A) identification information, including |
|
fingerprint records, to the extent that the identification |
|
information does not indicate involvement of the person in the |
|
criminal justice system; or |
|
(B) driving record information maintained by the |
|
Texas Department of Motor Vehicles [department] under Subchapter C, |
|
Chapter 521, Transportation Code. |
|
SECTION 79. Section 411.174(b), Government Code, is amended |
|
to read as follows: |
|
(b) An applicant must provide on the application a statement |
|
of the applicant's: |
|
(1) full name and place and date of birth; |
|
(2) race and sex; |
|
(3) residence and business addresses for the preceding |
|
five years; |
|
(4) hair and eye color; |
|
(5) height and weight; |
|
(6) driver's license number or identification |
|
certificate number issued by the Texas Department of Motor Vehicles |
|
[department]; |
|
(7) criminal history record information of the type |
|
maintained by the department under this chapter, including a list |
|
of offenses for which the applicant was arrested, charged, or under |
|
an information or indictment and the disposition of the offenses; |
|
and |
|
(8) history, if any, of treatment received by, |
|
commitment to, or residence in: |
|
(A) a drug or alcohol treatment center licensed |
|
to provide drug or alcohol treatment under the laws of this state or |
|
another state, but only if the treatment, commitment, or residence |
|
occurred during the preceding five years; or |
|
(B) a psychiatric hospital. |
|
SECTION 80. Section 411.179(a), Government Code, is amended |
|
to read as follows: |
|
(a) The department by rule shall adopt the form of the |
|
license. A license must include: |
|
(1) a number assigned to the license holder by the |
|
department; |
|
(2) a statement of the period for which the license is |
|
effective; |
|
(3) a color photograph of the license holder; |
|
(4) the license holder's full name, date of birth, hair |
|
and eye color, height, weight, and signature; |
|
(5) the license holder's residence address or, as |
|
provided by Subsection (d), the street address of the courthouse in |
|
which the license holder or license holder's spouse serves as a |
|
federal judge or the license holder serves as a state judge; |
|
(6) the number of a driver's license or an |
|
identification certificate issued to the license holder by the |
|
Texas Department of Motor Vehicles [department]; and |
|
(7) the designation "VETERAN" if required under |
|
Subsection (e). |
|
SECTION 81. Section 411.205, Government Code, is amended to |
|
read as follows: |
|
Sec. 411.205. REQUIREMENT TO DISPLAY LICENSE. If a license |
|
holder is carrying a handgun on or about the license holder's person |
|
when a magistrate or a peace officer demands that the license holder |
|
display identification, the license holder shall display both the |
|
license holder's driver's license or identification certificate |
|
issued by the Texas Department of Motor Vehicles [department] and |
|
the license holder's handgun license. |
|
SECTION 82. Sections 501.0165(a), (c), and (d), Government |
|
Code, are amended to read as follows: |
|
(a) Before discharging an inmate or releasing an inmate on |
|
parole, mandatory supervision, or conditional pardon, the |
|
department shall: |
|
(1) determine whether the inmate has: |
|
(A) a valid license issued under Chapter 521 or |
|
522, Transportation Code; or |
|
(B) a valid personal identification certificate |
|
issued under Chapter 521, Transportation Code; and |
|
(2) if the inmate does not have a valid license or |
|
certificate described by Subdivision (1), submit to the Texas |
|
Department of Motor Vehicles [Public Safety] on behalf of the |
|
inmate a request for the issuance of a personal identification |
|
certificate under Chapter 521, Transportation Code. |
|
(c) The department, the Texas Department of Motor Vehicles |
|
[Public Safety], and the bureau of vital statistics of the |
|
Department of State Health Services shall by rule adopt a |
|
memorandum of understanding that establishes their respective |
|
responsibilities with respect to the issuance of a personal |
|
identification certificate to an inmate, including |
|
responsibilities related to verification of the inmate's identity. |
|
The memorandum of understanding must require the Department of |
|
State Health Services to electronically verify the birth record of |
|
an inmate whose name and any other personal information is provided |
|
by the department and to electronically report the recorded filing |
|
information to the Texas Department of Motor Vehicles [Public
|
|
Safety] to validate the identity of an inmate under this section. |
|
(d) The department shall reimburse the Texas Department of |
|
Motor Vehicles [Public Safety] or the Department of State Health |
|
Services for the actual costs incurred by those agencies in |
|
performing responsibilities established under this section. The |
|
department may charge an inmate for the actual costs incurred under |
|
this section or the fees required by Section 521.421, |
|
Transportation Code. |
|
SECTION 83. Section 509.004(a), Government Code, is amended |
|
to read as follows: |
|
(a) The division shall require each department to: |
|
(1) keep financial and statistical records determined |
|
necessary by the division; |
|
(2) submit a strategic plan and all supporting |
|
information requested by the division; |
|
(3) present data requested by the division as |
|
necessary to determine the amount of state aid for which the |
|
department is eligible; |
|
(4) submit periodic financial audits and statistical |
|
reports to the division; and |
|
(5) submit to the Texas Department of Motor Vehicles |
|
[Public Safety] the full name, address, date of birth, social |
|
security number, and driver's license number of each person |
|
restricted to the operation of a motor vehicle equipped with a |
|
device that uses a deep-lung breath analysis mechanism to make |
|
impractical the operation of the motor vehicle if ethyl alcohol is |
|
detected in the breath of the restricted operator. |
|
SECTION 84. Sections 531.02414(e) and (g), Government Code, |
|
are amended to read as follows: |
|
(e) The executive commissioner shall adopt rules to ensure |
|
the safe and efficient provision of nonemergency transportation |
|
services under the medical transportation program by regional |
|
contracted brokers and subcontractors of regional contracted |
|
brokers. The rules must include: |
|
(1) minimum standards regarding the physical |
|
condition and maintenance of motor vehicles used to provide the |
|
services, including standards regarding the accessibility of motor |
|
vehicles by persons with disabilities; |
|
(2) a requirement that a regional contracted broker |
|
verify that each motor vehicle operator providing the services or |
|
seeking to provide the services has a valid driver's license; |
|
(3) a requirement that a regional contracted broker |
|
check the driving record information maintained by the Texas |
|
Department of Motor Vehicles [Public Safety] under Subchapter C, |
|
Chapter 521, Transportation Code, of each motor vehicle operator |
|
providing the services or seeking to provide the services; |
|
(4) a requirement that a regional contracted broker |
|
check the public criminal record information maintained by the |
|
Department of Public Safety and made available to the public |
|
through the department's Internet website of each motor vehicle |
|
operator providing the services or seeking to provide the services; |
|
and |
|
(5) training requirements for motor vehicle operators |
|
providing the services through a regional contracted broker, |
|
including training on the following topics: |
|
(A) passenger safety; |
|
(B) passenger assistance; |
|
(C) assistive devices, including wheelchair |
|
lifts, tie-down equipment, and child safety seats; |
|
(D) sensitivity and diversity; |
|
(E) customer service; |
|
(F) defensive driving techniques; and |
|
(G) prohibited behavior by motor vehicle |
|
operators. |
|
(g) The commission shall enter into a memorandum of |
|
understanding with the Texas Department of Motor Vehicles [and the
|
|
Department of Public Safety] for purposes of obtaining the motor |
|
vehicle registration and driver's license information of a provider |
|
of medical transportation services, including a regional |
|
contracted broker and a subcontractor of the broker, to confirm |
|
that the provider complies with applicable requirements adopted |
|
under Subsection (e). |
|
SECTION 85. Section 531.1533, Government Code, is amended |
|
to read as follows: |
|
Sec. 531.1533. REQUIREMENTS ON ADMISSIONS OF CHILDREN TO |
|
CERTAIN INSTITUTIONS. On the admission of a child to an institution |
|
described by Section 531.151(3)(A), (B), or (D), the Department of |
|
Aging and Disability Services shall require the child's parent or |
|
guardian to submit: |
|
(1) an admission form that includes: |
|
(A) the parent's or guardian's: |
|
(i) name, address, and telephone number; |
|
(ii) driver's license number and state of |
|
issuance or personal identification card number issued by the Texas |
|
Department of Motor Vehicles [Public Safety]; and |
|
(iii) place of employment and the |
|
employer's address and telephone number; and |
|
(B) the name, address, and telephone number of a |
|
relative of the child or other person whom the department or |
|
institution may contact in an emergency, a statement indicating the |
|
relation between that person and the child, and at the parent's or |
|
guardian's option, that person's: |
|
(i) driver's license number and state of |
|
issuance or personal identification card number issued by the Texas |
|
Department of Motor Vehicles [Public Safety]; and |
|
(ii) the name, address, and telephone |
|
number of that person's employer; and |
|
(2) a signed acknowledgment of responsibility stating |
|
that the parent or guardian agrees to: |
|
(A) notify the institution in which the child is |
|
placed of any changes to the information submitted under |
|
Subdivision (1)(A); and |
|
(B) make reasonable efforts to participate in the |
|
child's life and in planning activities for the child. |
|
SECTION 86. Section 555.003, Government Code, is amended to |
|
read as follows: |
|
Sec. 555.003. EXCEPTION. This chapter does not apply to |
|
files that relate to drivers of motor vehicles and that are |
|
maintained by the Texas Department of Motor Vehicles [Public
|
|
Safety] under Subchapter C, Chapter 521, Transportation Code. |
|
SECTION 87. Section 12.013(b), Health and Safety Code, is |
|
amended to read as follows: |
|
(b) Based on the studies and investigations, the department |
|
periodically shall recommend to the Department of Public Safety and |
|
the Texas Department of Motor Vehicles appropriate policies, |
|
standards, and procedures relating to those medical aspects. |
|
SECTION 88. Section 12.092(b), Health and Safety Code, is |
|
amended to read as follows: |
|
(b) The medical advisory board shall assist: |
|
(1) the Texas Department of Motor Vehicles [Public
|
|
Safety of the State of Texas] in determining whether[:
|
|
[(1)] an applicant for a driver's license or a license |
|
holder is capable of safely operating a motor vehicle; and [or] |
|
(2) the Department of Public Safety in determining |
|
whether an applicant for or holder of a license to carry a handgun |
|
under the authority of Subchapter H, Chapter 411, Government Code, |
|
or an applicant for or holder of a commission as a security officer |
|
under Chapter 1702, Occupations Code, is capable of exercising |
|
sound judgment with respect to the proper use and storage of a |
|
handgun. |
|
SECTION 89. Sections 12.095(a) and (c), Health and Safety |
|
Code, are amended to read as follows: |
|
(a) If the Department of Public Safety of the State of Texas |
|
or Texas Department of Motor Vehicles requests an opinion or |
|
recommendation from the medical advisory board as to the ability of |
|
an applicant or license holder to operate a motor vehicle safely or |
|
to exercise sound judgment with respect to the proper use and |
|
storage of a handgun, the commissioner or a person designated by the |
|
commissioner shall convene a panel to consider the case or question |
|
submitted by that department. |
|
(c) Each panel member shall prepare an individual |
|
independent written report for the Department of Public Safety of |
|
the State of Texas or Texas Department of Motor Vehicles, as |
|
appropriate, that states the member's opinion as to the ability of |
|
the applicant or license holder to operate a motor vehicle safely or |
|
to exercise sound judgment with respect to the proper use and |
|
storage of a handgun, as appropriate. In the report the panel |
|
member may also make recommendations relating to that department's |
|
subsequent action. |
|
SECTION 90. Section 12.096(a), Health and Safety Code, is |
|
amended to read as follows: |
|
(a) A physician licensed to practice medicine in this state |
|
may inform the Department of Public Safety of the State of Texas, |
|
the Texas Department of Motor Vehicles, or the medical advisory |
|
board, orally or in writing, of the name, date of birth, and address |
|
of a patient older than 15 years of age whom the physician has |
|
diagnosed as having a disorder or disability specified in a rule of |
|
the Department of Public Safety of the State of Texas or Texas |
|
Department of Motor Vehicles. |
|
SECTION 91. Section 12.097, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 12.097. CONFIDENTIALITY REQUIREMENTS. (a) All |
|
records, reports, and testimony relating to the medical condition |
|
of an applicant or license holder: |
|
(1) are for the confidential use of the medical |
|
advisory board, a panel, the Texas Department of Motor Vehicles, or |
|
the Department of Public Safety of the State of Texas; |
|
(2) are privileged information; and |
|
(3) may not be disclosed to any person or used as |
|
evidence in a trial except as provided by Subsection (b). |
|
(b) In a subsequent proceeding under Subchapter H, Chapter |
|
411, Government Code, or Subchapter N, Chapter 521, Transportation |
|
Code, the department may provide a copy of the report of the medical |
|
advisory board or panel and a medical record or report relating to |
|
an applicant or license holder to: |
|
(1) the Department of Public Safety of the State of |
|
Texas or Texas Department of Motor Vehicles, as appropriate; |
|
(2) the applicant or license holder; and |
|
(3) the officer who presides at the hearing. |
|
SECTION 92. Section 81.011, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 81.011. REQUEST FOR INFORMATION. In times of |
|
emergency or epidemic declared by the commissioner, the department |
|
is authorized to request information pertaining to names, dates of |
|
birth, and most recent addresses of individuals from the driver's |
|
license records of the Texas Department of Motor Vehicles [Public
|
|
Safety] for the purpose of notification to individuals of the need |
|
to receive certain immunizations or diagnostic, evaluation, or |
|
treatment services for suspected communicable diseases. |
|
SECTION 93. Section 161.254, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 161.254. DRIVER'S LICENSE SUSPENSION OR DENIAL. (a) |
|
If the defendant does not provide the evidence required under |
|
Section 161.253(e) within the period specified by that subsection, |
|
the court shall order the Texas Department of Motor Vehicles |
|
[Public Safety] to suspend or deny issuance of any driver's license |
|
or permit to the defendant. The order must specify the period of |
|
the suspension or denial, which may not exceed 180 days after the |
|
date of the order. |
|
(b) The Texas Department of Motor Vehicles [Public Safety] |
|
shall send to the defendant notice of court action under Subsection |
|
(a) by first class mail. The notice must include the date of the |
|
order and the reason for the order and must specify the period of |
|
the suspension or denial. |
|
SECTION 94. Section 191.009, Health and Safety Code, as |
|
added by Chapter 737 (S.B. 1205), Acts of the 85th Legislature, |
|
Regular Session, 2017, is amended to read as follows: |
|
Sec. 191.009. DEATH INFORMATION FOR TEXAS DEPARTMENT OF |
|
MOTOR VEHICLES [PUBLIC SAFETY]. (a) The department shall |
|
implement an efficient and effective method to verify death |
|
information to assist the Texas Department of Motor Vehicles |
|
[Public Safety] with maintaining records of holders of driver's |
|
licenses and personal identification certificates in this state. |
|
(b) The department shall enter into a memorandum of |
|
understanding with the Texas Department of Motor Vehicles [Public
|
|
Safety] to implement this section. The memorandum of understanding |
|
must include a mechanism for the department to provide to the Texas |
|
Department of Motor Vehicles [Public Safety] death information that |
|
includes unique identifiers, including social security numbers, |
|
necessary to accurately match death records with driver's license |
|
and personal identification certificate records. |
|
SECTION 95. Section 481.077(d), Health and Safety Code, is |
|
amended to read as follows: |
|
(d) Before selling, transferring, or otherwise furnishing |
|
to a person in this state a chemical precursor subject to Subsection |
|
(a), a manufacturer, wholesaler, retailer, or other person shall: |
|
(1) if the recipient does not represent a business, |
|
obtain from the recipient: |
|
(A) the recipient's driver's license number or |
|
other personal identification certificate number, date of birth, |
|
and residential or mailing address, other than a post office box |
|
number, from a driver's license or personal identification |
|
certificate issued by the Texas Department of Motor Vehicles |
|
[department] that contains a photograph of the recipient; |
|
(B) the year, state, and number of the motor |
|
vehicle license of the motor vehicle owned or operated by the |
|
recipient; |
|
(C) a complete description of how the chemical |
|
precursor is to be used; and |
|
(D) the recipient's signature; or |
|
(2) if the recipient represents a business, obtain |
|
from the recipient: |
|
(A) a letter of authorization from the business |
|
that includes the business license or comptroller tax |
|
identification number, address, area code, and telephone number and |
|
a complete description of how the chemical precursor is to be used; |
|
and |
|
(B) the recipient's signature; and |
|
(3) for any recipient, sign as a witness to the |
|
signature and identification of the recipient. |
|
SECTION 96. Section 481.080(e), Health and Safety Code, is |
|
amended to read as follows: |
|
(e) Before selling, transferring, or otherwise furnishing |
|
to a person in this state a chemical laboratory apparatus subject to |
|
Subsection (a), a manufacturer, wholesaler, retailer, or other |
|
person shall: |
|
(1) if the recipient does not represent a business, |
|
obtain from the recipient: |
|
(A) the recipient's driver's license number or |
|
other personal identification certificate number, date of birth, |
|
and residential or mailing address, other than a post office box |
|
number, from a driver's license or personal identification |
|
certificate issued by the Texas Department of Motor Vehicles |
|
[department] that contains a photograph of the recipient; |
|
(B) the year, state, and number of the motor |
|
vehicle license of the motor vehicle owned or operated by the |
|
recipient; |
|
(C) a complete description of how the apparatus |
|
is to be used; and |
|
(D) the recipient's signature; or |
|
(2) if the recipient represents a business, obtain |
|
from the recipient: |
|
(A) a letter of authorization from the business |
|
that includes the business license or comptroller tax |
|
identification number, address, area code, and telephone number and |
|
a complete description of how the apparatus is to be used; and |
|
(B) the recipient's signature; and |
|
(3) for any recipient, sign as a witness to the |
|
signature and identification of the recipient. |
|
SECTION 97. Section 485.032(c), Health and Safety Code, is |
|
amended to read as follows: |
|
(c) It is an affirmative defense to prosecution under this |
|
section that: |
|
(1) the person making the delivery is an adult having |
|
supervisory responsibility over the person younger than 18 years of |
|
age and: |
|
(A) the adult permits the use of the abusable |
|
volatile chemical only under the adult's direct supervision and in |
|
the adult's presence and only for its intended purpose; and |
|
(B) the adult removes the chemical from the |
|
person younger than 18 years of age on completion of that use; or |
|
(2) the person to whom the abusable volatile chemical |
|
was delivered presented to the defendant an apparently valid Texas |
|
driver's license or an identification certificate, issued by the |
|
Texas Department of Motor Vehicles [Public Safety of the State of
|
|
Texas] and containing a physical description consistent with the |
|
person's appearance, that purported to establish that the person |
|
was 18 years of age or older. |
|
SECTION 98. Sections 692A.002(11) and (15), Health and |
|
Safety Code, are amended to read as follows: |
|
(11) "Driver's license" means a license or permit |
|
issued by the Texas Department of Motor Vehicles [Public Safety] to |
|
operate a vehicle, whether or not conditions are attached to the |
|
license or permit. |
|
(15) "Identification card" means an identification |
|
card issued by the Texas Department of Motor Vehicles [Public
|
|
Safety]. |
|
SECTION 99. Sections 692A.014(a) and (b), Health and Safety |
|
Code, are amended to read as follows: |
|
(a) When a hospital refers an individual at or near death to |
|
a procurement organization, the organization shall make a |
|
reasonable search of the records of the Texas Department of Motor |
|
Vehicles [Public Safety] and any donor registry that it knows |
|
exists for the geographical area in which the individual resides to |
|
ascertain whether the individual has made an anatomical gift. |
|
(b) A procurement organization must be allowed reasonable |
|
access to information in the records of the Texas Department of |
|
Motor Vehicles [Public Safety] to ascertain whether an individual |
|
at or near death is a donor. |
|
SECTION 100. Sections 692A.020(a), (d), (e), (f), (g), (h), |
|
(i), and (m), Health and Safety Code, are amended to read as |
|
follows: |
|
(a) A nonprofit organization designated by the Texas |
|
Department of Motor Vehicles [Public Safety] shall maintain and |
|
administer a statewide donor registry, to be known as the Glenda |
|
Dawson Donate Life-Texas Registry. |
|
(d) The Texas Department of Motor Vehicles [Public Safety] |
|
at least monthly shall electronically transfer to the nonprofit |
|
organization administering the registry the name, date of birth, |
|
driver's license number, most recent address, and any other |
|
relevant information in the possession of the Texas Department of |
|
Motor Vehicles [Public Safety] for any person who indicates on the |
|
person's driver's license application under Section 521.401, |
|
Transportation Code, that the person would like to make an |
|
anatomical gift. |
|
(e) The nonprofit organization administering the registry |
|
shall: |
|
(1) make information obtained from the Texas |
|
Department of Motor Vehicles [Public Safety] under Subsection (d) |
|
available to procurement organizations; |
|
(2) allow potential donors to submit information in |
|
writing directly to the organization for inclusion in the |
|
Internet-based registry; |
|
(3) maintain the Internet-based registry in a manner |
|
that allows procurement organizations to immediately access organ, |
|
tissue, and eye donation information 24 hours a day, seven days a |
|
week through electronic and telephonic methods; and |
|
(4) protect the confidentiality and privacy of the |
|
individuals providing information to the Internet-based registry, |
|
regardless of the manner in which the information is provided. |
|
(f) Except as otherwise provided by Subsection (e)(3) or |
|
this subsection, the Texas Department of Motor Vehicles [Public
|
|
Safety], the nonprofit organization administering the registry, or |
|
a procurement organization may not sell, rent, or otherwise share |
|
any information provided to the Internet-based registry. A |
|
procurement organization may share any information provided to the |
|
registry with an organ procurement organization or a health care |
|
provider or facility providing medical care to a potential donor as |
|
necessary to properly identify an individual at the time of |
|
donation. |
|
(g) The Texas Department of Motor Vehicles [Public Safety], |
|
the nonprofit organization administering the registry, or the |
|
procurement organizations may not use any demographic or specific |
|
data provided to the Internet-based registry for any fund-raising |
|
activities. Data may only be transmitted from the selected |
|
organization to procurement organizations through electronic and |
|
telephonic methods using secure, encrypted technology to preserve |
|
the integrity of the data and the privacy of the individuals |
|
providing information. |
|
(h) In each office authorized to issue driver's licenses or |
|
personal identification certificates, the Texas Department of |
|
Motor Vehicles [Public Safety] shall make available educational |
|
materials developed by the nonprofit organization administering |
|
the registry. |
|
(i) The Glenda Dawson Donate Life-Texas Registry fund is |
|
created as a trust fund outside the state treasury to be held by the |
|
comptroller and administered by the Texas Department of Motor |
|
Vehicles [Public Safety] as trustee on behalf of the statewide |
|
donor registry maintained for the benefit of the citizens of this |
|
state. The fund is composed of money deposited to the credit of the |
|
fund under Sections 502.405(b), 521.008, and 521.422(c), |
|
Transportation Code, as provided by those subsections. Money in |
|
the fund shall be disbursed at least monthly, without |
|
appropriation, to the nonprofit organization administering the |
|
registry to pay the costs of: |
|
(1) maintaining, operating, and updating the |
|
Internet-based registry and establishing procedures for an |
|
individual to be added to the registry; |
|
(2) designing and distributing educational materials |
|
for prospective donors as required under this section; and |
|
(3) providing education under this chapter. |
|
(m) The nonprofit organization administering the registry |
|
may: |
|
(1) implement a training program for all appropriate |
|
Texas Department of Motor Vehicles [Public Safety] and Texas |
|
Department of Transportation employees on the benefits of organ, |
|
tissue, and eye donation and the procedures for individuals to be |
|
added to the Internet-based registry; and |
|
(2) conduct the training described by Subdivision (1) |
|
on an ongoing basis for new employees. |
|
SECTION 101. Sections 780.002(a) and (b), Health and Safety |
|
Code, are amended to read as follows: |
|
(a) On the first Monday of each month, the Texas Department |
|
of Motor Vehicles [Public Safety] shall remit the surcharges |
|
collected during the previous month under the driver responsibility |
|
program operated by that department under Chapter 708, |
|
Transportation Code, to the comptroller. |
|
(b) The comptroller shall deposit 49.5 percent of the money |
|
received under Subsection (a) to the credit of the account |
|
established under this chapter and 49.5 percent of the money to the |
|
general revenue fund. The remaining one percent of the amount of |
|
the surcharges shall be deposited to the general revenue fund and |
|
may be appropriated only to the Texas Department of Motor Vehicles |
|
[Public Safety] for administration of the driver responsibility |
|
program operated by that department under Chapter 708, |
|
Transportation Code. |
|
SECTION 102. Section 841.0822, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 841.0822. REQUIRED PROCEDURES BEFORE RELEASE FROM |
|
SECURE CORRECTIONAL FACILITY. Before a committed person is |
|
released from a secure correctional facility, the Texas Department |
|
of Criminal Justice shall ensure that: |
|
(1) the Texas Department of Motor Vehicles [Public
|
|
Safety] issues a personal identification card to the person; and |
|
(2) the person completes an application for the |
|
following federal benefits, as appropriate, for which the person |
|
may be eligible: |
|
(A) social security benefits, including |
|
disability benefits, administered by the United States Social |
|
Security Administration; and |
|
(B) veterans benefits administered by the United |
|
States Department of Veterans Affairs. |
|
SECTION 103. Sections 841.153(a), (c), and (d), Health and |
|
Safety Code, are amended to read as follows: |
|
(a) On the release of a committed person from a correctional |
|
facility, secure correctional facility, or secure detention |
|
facility, as those terms are defined by Section 841.151, the office |
|
shall: |
|
(1) determine whether the person has: |
|
(A) a valid license issued under Chapter 521 or |
|
522, Transportation Code; or |
|
(B) a valid personal identification certificate |
|
issued under Chapter 521, Transportation Code; and |
|
(2) if the person does not have a valid license or |
|
certificate described by Subdivision (1), submit to the Texas |
|
Department of Motor Vehicles [Public Safety] on behalf of the |
|
person a request for the issuance of a personal identification |
|
certificate under Chapter 521, Transportation Code. |
|
(c) The office, the Texas Department of Motor Vehicles |
|
[Public Safety], and the vital statistics unit of the Department of |
|
State Health Services by rule shall adopt a memorandum of |
|
understanding that establishes their respective responsibilities |
|
with respect to the issuance of a personal identification |
|
certificate to a committed person, including responsibilities |
|
related to verification of the person's identity. The memorandum |
|
of understanding must require the Department of State Health |
|
Services to electronically verify the birth record of a committed |
|
person whose name and any other personal information is provided by |
|
the office and to electronically report the recorded filing |
|
information to the Texas Department of Motor Vehicles [Public
|
|
Safety] to validate the identity of a committed person under this |
|
section. |
|
(d) The office shall reimburse the Texas Department of Motor |
|
Vehicles [Public Safety] or the Department of State Health |
|
Services, as applicable, for the actual costs incurred by those |
|
agencies in performing responsibilities established under this |
|
section. The office may charge a committed person for the actual |
|
costs incurred under this section or for the fees required by |
|
Section 521.421, Transportation Code. |
|
SECTION 104. Section 23.002, Human Resources Code, is |
|
amended to read as follows: |
|
Sec. 23.002. LICENSING AUTHORITIES SUBJECT TO CHAPTER. In |
|
this chapter, "licensing authority" means: |
|
(1) the Parks and Wildlife Department; and |
|
(2) the Texas Department of Motor Vehicles [Public
|
|
Safety of the State of Texas]. |
|
SECTION 105. Section 1805.051(d), Occupations Code, is |
|
amended to read as follows: |
|
(d) The list required by Subsection (c) must contain: |
|
(1) the proposed seller's driver's license number or |
|
Texas Department of Motor Vehicles [Public Safety] identification |
|
card number, as recorded by the dealer on physical presentation of |
|
the license or identification card by the seller; |
|
(2) a complete and accurate description of each |
|
business machine, including its serial number or other identifying |
|
marks or symbols; |
|
(3) the proposed seller's certification that the |
|
information is true and complete; and |
|
(4) if the business machine is delivered to the |
|
secondhand dealer for sale or exchange at an auction, the make, |
|
year, model, color, and registration number of the vehicle in which |
|
the business machine is transported to the auction. |
|
SECTION 106. Section 1805.052(b), Occupations Code, is |
|
amended to read as follows: |
|
(b) Except as provided by Section 1805.053, a report |
|
required by this chapter must contain: |
|
(1) the name and address of the seller of the business |
|
machine; |
|
(2) a complete and accurate description of the |
|
business machine for which the report is made, including the serial |
|
number or other identifying marks or symbols; |
|
(3) the seller's certification that the information is |
|
true and complete; and |
|
(4) the seller's driver's license number or Texas |
|
Department of Motor Vehicles [Public Safety] identification card |
|
number, as recorded by the dealer on physical presentation of the |
|
license or identification card by the seller. |
|
SECTION 107. Section 1956.001(8), Occupations Code, is |
|
amended to read as follows: |
|
(8) "Personal identification document" means: |
|
(A) a valid driver's license issued by a state in |
|
the United States; |
|
(B) a United States military identification |
|
card; or |
|
(C) a personal identification certificate issued |
|
by the Texas Department of Motor Vehicles [department] under |
|
Section 521.101, Transportation Code, or a corresponding card or |
|
certificate issued by another state. |
|
SECTION 108. Section 1956.062(c), Occupations Code, is |
|
amended to read as follows: |
|
(c) The dealer shall record the proposed seller's driver's |
|
license number or [department] personal identification certificate |
|
number on physical presentation of the license or personal |
|
identification certificate by the seller. The record must |
|
accompany the list. |
|
SECTION 109. Section 2033.017(f), Occupations Code, is |
|
amended to read as follows: |
|
(f) It is an affirmative defense to prosecution of an |
|
offense under Subsection (a) that the minor falsely represented the |
|
minor's age by displaying to the person an apparently valid Texas |
|
driver's license or identification card issued by the Texas |
|
Department of Motor Vehicles [Public Safety] that contains a |
|
physical description consistent with the minor's appearance. |
|
SECTION 110. Section 2402.107(b), Occupations Code, is |
|
amended to read as follows: |
|
(b) A transportation network company may not permit an |
|
individual to log in as a driver on the company's digital network if |
|
the individual: |
|
(1) has been convicted in the three-year period |
|
preceding the issue date of the driving record obtained under |
|
Subsection (a)(3) of: |
|
(A) more than three offenses classified by the |
|
Texas Department of Motor Vehicles [Public Safety] as moving |
|
violations; or |
|
(B) one or more of the following offenses: |
|
(i) fleeing or attempting to elude a police |
|
officer under Section 545.421, Transportation Code; |
|
(ii) reckless driving under Section |
|
545.401, Transportation Code; |
|
(iii) driving without a valid driver's |
|
license under Section 521.025, Transportation Code; or |
|
(iv) driving with an invalid driver's |
|
license under Section 521.457, Transportation Code; |
|
(2) has been convicted in the preceding seven-year |
|
period of any of the following: |
|
(A) driving while intoxicated under Section |
|
49.04 or 49.045, Penal Code; |
|
(B) use of a motor vehicle to commit a felony; |
|
(C) a felony crime involving property damage; |
|
(D) fraud; |
|
(E) theft; |
|
(F) an act of violence; or |
|
(G) an act of terrorism; or |
|
(3) is found to be registered in the national sex |
|
offender public website maintained by the United States Department |
|
of Justice or a successor agency. |
|
SECTION 111. Sections 11.43(f) and (m), Tax Code, are |
|
amended to read as follows: |
|
(f) The comptroller, in prescribing the contents of the |
|
application form for each kind of exemption, shall ensure that the |
|
form requires an applicant to furnish the information necessary to |
|
determine the validity of the exemption claim. The form must |
|
require an applicant to provide the applicant's name and driver's |
|
license number, personal identification certificate number, or |
|
social security account number. If the applicant is a charitable |
|
organization with a federal tax identification number, the form |
|
must allow the applicant to provide the organization's federal tax |
|
identification number in lieu of a driver's license number, |
|
personal identification certificate number, or social security |
|
account number. The comptroller shall include on the forms a notice |
|
of the penalties prescribed by Section 37.10, Penal Code, for |
|
making or filing an application containing a false statement. The |
|
comptroller shall include, on application forms for exemptions that |
|
do not have to be claimed annually, a statement explaining that the |
|
application need not be made annually and that if the exemption is |
|
allowed, the applicant has a duty to notify the chief appraiser when |
|
the applicant's entitlement to the exemption ends. In this |
|
subsection: |
|
(1) "Driver's license" has the meaning assigned that |
|
term by Section 521.001, Transportation Code. |
|
(2) "Personal identification certificate" means a |
|
certificate issued by the Texas Department of Motor Vehicles |
|
[Public Safety] under Subchapter E, Chapter 521, Transportation |
|
Code. |
|
(m) Notwithstanding Subsections (a) and (k), a person who |
|
receives an exemption under Section 11.13, other than an exemption |
|
under Section 11.13(c) or (d) for an individual 65 years of age or |
|
older, in a tax year is entitled to receive an exemption under |
|
Section 11.13(c) or (d) for an individual 65 years of age or older |
|
in the next tax year on the same property without applying for the |
|
exemption if the person becomes 65 years of age in that next year as |
|
shown by: |
|
(1) information in the records of the appraisal |
|
district that was provided to the appraisal district by the |
|
individual in an application for an exemption under Section 11.13 |
|
on the property or in correspondence relating to the property; or |
|
(2) the information provided by the Texas Department |
|
of Motor Vehicles [Public Safety] to the appraisal district under |
|
Section 521.049, Transportation Code. |
|
SECTION 112. Section 411.0085, Government Code, is |
|
repealed. |
|
SECTION 113. (a) This section applies to the following |
|
duties of the Texas Department of Motor Vehicles, as transferred by |
|
this Act: |
|
(1) the issuance of driver's licenses under Chapters |
|
521 and 522, Transportation Code; |
|
(2) the issuance of personal identification |
|
certificates under Chapter 521, Transportation Code; |
|
(3) the issuance of election identification |
|
certificates under Chapter 521A, Transportation Code; and |
|
(4) the registration of voters during the issuance or |
|
renewal of a driver's license or personal identification |
|
certificate. |
|
(b) As soon as practicable after the effective date of this |
|
Act, the Texas Department of Motor Vehicles shall study the most |
|
effective use of available state and county resources, including |
|
personnel, property, and technology resources potentially |
|
available through the adoption of intergovernmental agreements, to |
|
perform the duties described by Subsection (a) of this section, |
|
prioritizing: |
|
(1) customer service satisfaction, including reducing |
|
wait times for customers to be issued driver's licenses, personal |
|
identification certificates, and election identification |
|
certificates; |
|
(2) accessibility for citizens of this state, |
|
including citizens residing in rural areas of this state, to |
|
facilities performing the duties described by Subsection (a) of |
|
this section; and |
|
(3) administrative efficiency and cost savings. |
|
(c) The Department of Public Safety shall assist in the |
|
study described by Subsection (b) of this section if requested by |
|
the Texas Department of Motor Vehicles. |
|
SECTION 114. (a) Effective January 1, 2021, the powers and |
|
duties of the Department of Public Safety with regard to driver's |
|
licenses, personal identification certificates, and other |
|
miscellaneous programs, powers, and duties are transferred to the |
|
Texas Department of Motor Vehicles in accordance with this Act. |
|
(b) Effective January 1, 2021, all rules of the Department |
|
of Public Safety are continued in effect as rules of the Texas |
|
Department of Motor Vehicles until superseded by a rule of the Texas |
|
Department of Motor Vehicles. A license or certification issued by |
|
the Department of Public Safety is continued in effect as provided |
|
by the law in effect immediately before the effective date of this |
|
Act. A complaint, investigation, contested case, or other |
|
proceeding pending on the effective date of this Act is continued |
|
without change in status after the effective date of this Act. An |
|
activity conducted by the Department of Public Safety is considered |
|
to be an activity conducted by the Texas Department of Motor |
|
Vehicles. |
|
(c) On September 1, 2019, or as soon as is possible after |
|
that date, the public safety director of the Department of Public |
|
Safety shall adopt a comprehensive plan to ensure the smooth |
|
transition of all programs operated by the Department of Public |
|
Safety relating to driver's licenses, personal identification |
|
certificates, and other miscellaneous programs, powers, and duties |
|
before January 1, 2021, from the Department of Public Safety to the |
|
Texas Department of Motor Vehicles. |
|
SECTION 115. Effective January 1, 2021: |
|
(1) all money, contracts, leases, rights, property, |
|
records, and bonds and other obligations of the Department of |
|
Public Safety relating to driver's licenses, personal |
|
identification certificates, and other miscellaneous programs, |
|
powers, and duties are transferred to the Texas Department of Motor |
|
Vehicles; and |
|
(2) an employee of the Department of Public Safety |
|
Driver License Division and any employee of the Department of |
|
Public Safety who primarily performs duties related to a power or |
|
duty transferred under this Act become employees of the Texas |
|
Department of Motor Vehicles. |
|
SECTION 116. (a) The unobligated and unexpended balance of |
|
any appropriations made to the Department of Public Safety in |
|
connection with or relating to driver's licenses, personal |
|
identification certificates, or other programs, powers, or duties |
|
transferred under this Act, for the state fiscal biennium ending |
|
August 31, 2021, is transferred and reappropriated to the Texas |
|
Department of Motor Vehicles for the purpose of implementing the |
|
powers, duties, obligations, and rights of action transferred to |
|
that department under this Act. |
|
(b) The Department of Public Safety shall continue, as |
|
necessary, to perform the duties and functions being transferred to |
|
the Texas Department of Motor Vehicles until the transfer of agency |
|
duties and functions is complete. |
|
SECTION 117. (a) The governing bodies of the Texas |
|
Department of Motor Vehicles and the Department of Public Safety |
|
shall enter into or revise a joint memorandum of understanding to |
|
coordinate the Texas Department of Motor Vehicles' and the |
|
Department of Public Safety's information systems to allow for the |
|
sharing of information so that each department may effectively and |
|
efficiently perform the functions and duties assigned to it. |
|
Neither the Texas Department of Motor Vehicles nor the Department |
|
of Public Safety may impose or collect a fee or charge in connection |
|
with the sharing of information under the joint memorandum of |
|
understanding entered into or revised under this section. |
|
(b) The Texas Department of Motor Vehicles and the |
|
Department of Public Safety shall implement the joint memorandum of |
|
understanding using existing personnel and resources. |
|
(c) Otherwise confidential information shared under the |
|
memorandum of understanding remains subject to the same |
|
confidentiality requirements and legal restrictions on access to |
|
the information that are imposed by law on the department that |
|
originally obtained or collected the information. |
|
(d) Information may be shared under the memorandum of |
|
understanding without the consent of the person who is the subject |
|
of the information. |
|
(e) The memorandum of understanding required by Subsection |
|
(a) of this section must be entered into or revised at the first |
|
official meeting of the board of the Texas Department of Motor |
|
Vehicles occurring after the effective date of this Act. |
|
SECTION 118. (a) In addition to the memorandum of |
|
understanding required by this Act, the governing bodies of the |
|
Texas Department of Motor Vehicles and the Department of Public |
|
Safety may enter into or revise one or more other joint memoranda of |
|
understanding necessary to effect the transfer of the powers and |
|
duties of the Department of Public Safety to the Texas Department of |
|
Motor Vehicles under this Act. A memorandum of understanding may |
|
include an agreement for the provision of office space, utilities, |
|
and other facility services; the need for full-time equivalent |
|
positions of the Department of Public Safety to provide support |
|
services in addition to the positions transferred to the Texas |
|
Department of Motor Vehicles under this Act; other support |
|
services; and the transfer of information technology as necessary |
|
or appropriate to effect the transfer of the powers and duties of |
|
the Department of Public Safety to the Texas Department of Motor |
|
Vehicles. |
|
(b) Subsections (b), (c), and (d) of Section 117 of this Act |
|
apply to a memorandum of understanding entered into or revised |
|
under Subsection (a) of this section. |
|
SECTION 119. To the extent of any conflict, this Act |
|
prevails over another Act of the 86th Legislature, Regular Session, |
|
2019, relating to nonsubstantive additions to and corrections in |
|
enacted codes. |
|
SECTION 120. This Act takes effect immediately if it |
|
receives a vote of two-thirds of all the members elected to each |
|
house, as provided by Section 39, Article III, Texas Constitution. |
|
If this Act does not receive the vote necessary for immediate |
|
effect, this Act takes effect September 1, 2019. |