|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the assumption of the powers and duties relating to |
|
driver's licenses and personal identification cards by the Texas |
|
Department of Motor Vehicles and the authority of a county to |
|
provide driver's licenses and other identification certificate |
|
services. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 502.357(b), Transportation Code, is |
|
amended to read as follows: |
|
(b) Fees collected under this section shall be deposited to |
|
the credit of the state highway fund. Subject to appropriations, |
|
the money shall 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. |
|
SECTION 2. 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 3. Subchapter A, Chapter 521, Transportation Code, |
|
is amended by adding Section 521.008 to read as follows: |
|
Sec. 521.008. AGREEMENT REGARDING THE PROVISION OF DRIVER'S |
|
LICENSES AND OTHER IDENTIFICATION CERTIFICATE SERVICES. (a) The |
|
department may enter into an agreement with a county |
|
assessor-collector to train county assessor-collector employees to |
|
provide services at county offices relating to the issuance of |
|
driver's licenses, election identification certificates, and |
|
personal identification certificates, including: |
|
(1) issuing renewal or duplicate driver's licenses; |
|
(2) taking photographs; |
|
(3) administering vision tests; |
|
(4) updating a driver's license, election |
|
identification certificate, or personal identification certificate |
|
to change a name, address, or photo; |
|
(5) distributing and collecting information relating |
|
to donations under Section 521.401; |
|
(6) collecting fees; and |
|
(7) performing other basic administrative functions |
|
and tasks necessary to issue renewal and duplicate driver's |
|
licenses, election identification certificates, and personal |
|
identification certificates. |
|
(b) An agreement under Subsection (a) may not include |
|
training to administer an examination for driver's license |
|
applicants under Subchapter H. |
|
(c) A participating county assessor-collector must remit to |
|
the department for deposit as required by this chapter fees |
|
collected for the issuance of a renewal or duplicate driver's |
|
license or personal identification certificate. |
|
(d) The department shall adopt rules to administer this |
|
section. |
|
SECTION 4. Section 522.003(8), Transportation Code, is |
|
amended to read as follows: |
|
(8) "Department" means the Texas Department of Motor |
|
Vehicles [Public Safety]. |
|
SECTION 5. 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 6. 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 7. 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 8. 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 9. 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 10. Section 411.0111, Government Code, is |
|
transferred to Chapter 1003, Transportation Code, and redesignated |
|
as Section 1003.006, Transportation Code, to read as follows: |
|
Sec. 1003.006 [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 11. Section 106.03(b), Alcoholic Beverage Code, is |
|
amended to read as follows: |
|
(b) A person who sells a minor an alcoholic beverage does |
|
not commit an offense if the minor falsely represents himself to be |
|
21 years old or older by displaying an apparently valid proof of |
|
identification that contains a physical description and photograph |
|
consistent with the minor's appearance, purports to establish that |
|
the minor is 21 years of age or older, and was issued by a |
|
governmental agency. The proof of identification may include a |
|
driver's license or identification card issued by the Texas |
|
Department of Motor Vehicles [Public Safety], a passport, or a |
|
military identification card. |
|
SECTION 12. Section 106.06(d), Alcoholic Beverage Code, is |
|
amended to read as follows: |
|
(d) A judge, acting under Article 42.12, Code of Criminal |
|
Procedure, who places a defendant charged with an offense under |
|
this section on community supervision under that article shall, if |
|
the defendant committed the offense at a gathering where |
|
participants were involved in the abuse of alcohol, including binge |
|
drinking or forcing or coercing individuals to consume alcohol, in |
|
addition to any other condition imposed by the judge: |
|
(1) require the defendant to: |
|
(A) perform community service for not less than |
|
20 or more than 40 hours; and |
|
(B) attend an alcohol awareness program approved |
|
under Section 106.115; and |
|
(2) order the Texas Department of Motor Vehicles |
|
[Public Safety] to suspend the driver's license or permit of the |
|
defendant or, if the defendant does not have a driver's license or |
|
permit, to deny the issuance of a driver's license or permit to the |
|
defendant for 180 days. |
|
SECTION 13. Section 106.071(d), Alcoholic Beverage Code, is |
|
amended to read as follows: |
|
(d) In addition to any fine and any order issued under |
|
Section 106.115: |
|
(1) the court shall order a minor placed on deferred |
|
disposition for or convicted of an offense to which this section |
|
applies to perform community service for: |
|
(A) not less than eight or more than 12 hours, if |
|
the minor has not been previously convicted of an offense to which |
|
this section applies; or |
|
(B) not less than 20 or more than 40 hours, if the |
|
minor has been previously convicted once of an offense to which this |
|
section applies; and |
|
(2) the court shall order the Texas Department of |
|
Motor Vehicles [Public Safety] to suspend the driver's license or |
|
permit of a minor convicted of an offense to which this section |
|
applies or, if the minor does not have a driver's license or permit, |
|
to deny the issuance of a driver's license or permit for: |
|
(A) 30 days, if the minor has not been previously |
|
convicted of an offense to which this section applies; |
|
(B) 60 days, if the minor has been previously |
|
convicted once of an offense to which this section applies; or |
|
(C) 180 days, if the minor has been previously |
|
convicted twice or more of an offense to which this section applies. |
|
SECTION 14. Sections 106.115(d) and (e), Alcoholic Beverage |
|
Code, are amended to read as follows: |
|
(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 15. 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 16. 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 17. Sections 13(h), (j), (l), and (m), Article |
|
42.12, Code of Criminal Procedure, are amended to read as follows: |
|
(h) If a person convicted of an offense under Sections |
|
49.04-49.08, Penal Code, is placed on community supervision, the |
|
judge shall require, as a condition of the community supervision, |
|
that the defendant attend and successfully complete before the |
|
181st day after the day community supervision is granted an |
|
educational program jointly approved by the Department of State |
|
Health Services [Texas Commission on Alcohol and Drug Abuse], the |
|
Texas Department of Motor Vehicles [Public Safety], the Traffic |
|
Safety Section of the Texas Department of Transportation, and the |
|
community justice assistance division of the Texas Department of |
|
Criminal Justice designed to rehabilitate persons who have driven |
|
while intoxicated. The Department of State Health Services [Texas
|
|
Commission on Alcohol and Drug Abuse] shall publish the jointly |
|
approved rules and shall monitor, coordinate, and provide training |
|
to persons providing the educational programs. The Department of |
|
State Health Services [Texas Commission on Alcohol and Drug Abuse] |
|
is responsible for the administration of the certification of |
|
approved educational programs and may charge a nonrefundable |
|
application fee for the initial certification of approval and for |
|
renewal of a certificate. The judge may waive the educational |
|
program requirement or may grant an extension of time to |
|
successfully complete the program that expires not later than one |
|
year after the beginning date of the person's community |
|
supervision, however, if the defendant by a motion in writing shows |
|
good cause. In determining good cause, the judge may consider but |
|
is not limited to: the defendant's school and work schedule, the |
|
defendant's health, the distance that the defendant must travel to |
|
attend an educational program, and the fact that the defendant |
|
resides out of state, has no valid driver's license, or does not |
|
have access to transportation. The judge shall set out the finding |
|
of good cause for waiver in the judgment. If a defendant is |
|
required, as a condition of community supervision, to attend an |
|
educational program or if the court waives the educational program |
|
requirement, 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 person's driving |
|
record. If the court grants an extension of time in which the |
|
person may complete the program, 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 report must |
|
include the beginning date of the person's community |
|
supervision. Upon the person's successful completion of the |
|
educational program, the person's instructor shall give notice to |
|
the Texas Department of Motor Vehicles [Public Safety] for |
|
inclusion in the person's driving record and to the community |
|
supervision and corrections department. The community supervision |
|
and corrections department shall then forward the notice to the |
|
court clerk for filing. 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 this section, as shown on |
|
department records, the department shall revoke the defendant's |
|
driver's license, permit, or privilege or prohibit the person from |
|
obtaining a license or permit, as provided by Sections 521.344(e) |
|
and (f), Transportation Code. The Texas Department of Motor |
|
Vehicles [Public Safety] may not reinstate a license suspended |
|
under this subsection unless the person whose license was suspended |
|
makes application to the department for reinstatement of the |
|
person's 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. This subsection does not |
|
apply to a defendant if a jury recommends community supervision for |
|
the defendant and also recommends that the defendant's driver's |
|
license not be suspended. |
|
(j) The judge shall require a defendant who is punished |
|
under Section 49.09, Penal Code, as a condition of community |
|
supervision, to attend and successfully complete an educational |
|
program for repeat offenders approved by the Department of State |
|
Health Services [Texas Commission on Alcohol and Drug Abuse]. The |
|
Department of State Health Services [Texas Commission on Alcohol
|
|
and Drug Abuse] shall adopt rules and shall monitor, coordinate, |
|
and provide training to persons providing the educational programs. |
|
The Department of State Health Services [Texas Commission on
|
|
Alcohol and Drug Abuse] is responsible for the administration of |
|
the certification of approved educational programs and may charge a |
|
nonrefundable application fee for initial certification of |
|
approval or for renewal of the certification. The judge may waive |
|
the educational program requirement only if the defendant by a |
|
motion in writing shows good cause. In determining good cause, the |
|
judge may consider the defendant's school and work schedule, the |
|
defendant's health, the distance that the defendant must travel to |
|
attend an educational program, and whether the defendant resides |
|
out of state or does not have access to transportation. The judge |
|
shall set out the finding of good cause in the judgment. If a |
|
defendant is required, as a condition of community supervision, to |
|
attend an educational program, 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. The report must include the |
|
beginning date of the defendant's community supervision. On the |
|
defendant's successful completion of the educational program for |
|
repeat offenders, 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 then forward the notice to the |
|
court clerk for filing. 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 for repeat offenders within the period required by the |
|
judge, as shown on department records, the department shall revoke |
|
the defendant's driver's license, permit, or privilege or prohibit |
|
the defendant from obtaining a license or permit, as provided by |
|
Sections 521.344(e) and (f), Transportation Code. |
|
(l) If the Texas Department of Motor Vehicles [Public
|
|
Safety] receives notice that a defendant has been required or |
|
permitted to attend a subsequent educational program under |
|
Subsection (h), (j), or (k) of this section, although the |
|
previously required attendance had been waived, but the judge has |
|
not ordered a period of suspension, the department shall suspend |
|
the defendant's driver's license, permit, or operating privilege, |
|
or shall issue an order prohibiting the defendant from obtaining a |
|
license or permit for a period of 365 days. |
|
(m) If a judge revokes the community supervision of a |
|
defendant for an offense under Section 49.04, Penal Code, or an |
|
offense involving the operation of a motor vehicle under Section |
|
49.07, Penal Code, and the driver's license or privilege to operate |
|
a motor vehicle has not previously been ordered by the judge to be |
|
suspended, or if the suspension was previously probated, the judge |
|
shall suspend the license or privilege for a period provided under |
|
Subchapter O, Chapter 521, Transportation Code. The suspension |
|
shall be reported to the Texas Department of Motor Vehicles [Public
|
|
Safety] as provided under Section 521.347, Transportation Code. |
|
SECTION 18. 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 19. 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 20. Article 45.054(f), Code of Criminal Procedure, |
|
is amended to read as follows: |
|
(f) In addition to any other order authorized by this |
|
article, the court may order the Texas Department of Motor Vehicles |
|
[Public Safety] to suspend the driver's license or permit of the |
|
individual who is the subject of the hearing or, if the individual |
|
does not have a license or permit, to deny the issuance of a license |
|
or permit to the individual for a period specified by the court not |
|
to exceed 365 days. |
|
SECTION 21. 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 22. 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; or |
|
(5) the residence address of the applicant, if the |
|
applicant is a federal judge or state judge, as defined by Section |
|
13.0021, or the spouse of a federal judge or state judge, and |
|
included an affidavit with the registration application under |
|
Section 13.0021 or the registrar has received an affidavit |
|
submitted under Section 15.0215. |
|
SECTION 23. 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 24. 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 25. 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 [101.0041] 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 26. 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 27. Section 63.0101, Election Code, is amended to |
|
read as follows: |
|
Sec. 63.0101. DOCUMENTATION OF PROOF OF IDENTIFICATION. |
|
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 60 days 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 60 days 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 issued to the person that |
|
has not expired or that expired no earlier than 60 days before the |
|
date of presentation; or |
|
(5) a license to carry a concealed handgun issued to |
|
the person by the Department of Public Safety that has not expired |
|
or that expired no earlier than 60 days before the date of |
|
presentation. |
|
SECTION 28. 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 29. 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 concealed 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 30. 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 31. 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 32. 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 33. 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 34. 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 35. 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 statement of the category or categories of |
|
handguns the license holder may carry as provided by Subsection |
|
(b); |
|
(4) a color photograph of the license holder; |
|
(5) the license holder's full name, date of birth, hair |
|
and eye color, height, weight, and signature; |
|
(6) 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; and |
|
(7) the number of a driver's license or an |
|
identification certificate issued to the license holder by the |
|
Texas Department of Motor Vehicles [department]. |
|
SECTION 36. 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 37. 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 community justice 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 38. 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 39. 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 concealed |
|
handgun under the authority of Subchapter H, Chapter 411, |
|
Government Code, is capable of exercising sound judgment with |
|
respect to the proper use and storage of a handgun. |
|
SECTION 40. 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 41. 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 42. 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 43. 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 44. Sections 692A.020(d), (e), (f), (g), (h), (i), |
|
and (m), Health and Safety Code, are amended to read as follows: |
|
(d) The Texas Department of Motor Vehicles [Public Safety] |
|
at least monthly shall electronically transfer to the nonprofit |
|
organization under contract with the department 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 contract between the department and the nonprofit |
|
organization administering the registry must require the |
|
organization to: |
|
(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 under contract to administer |
|
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 under contract with the department to |
|
administer 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 Texas Department of Motor Vehicles [Public Safety] |
|
shall remit to the comptroller the money collected under Sections |
|
521.421(g) and 521.422(c), Transportation Code, as provided by |
|
those subsections. A county assessor-collector shall remit to the |
|
comptroller any money collected under Section 502.405 [502.1745], |
|
Transportation Code, as provided by that section. Money remitted |
|
to the comptroller in accordance with those sections that is |
|
appropriated to the department shall be disbursed to the nonprofit |
|
organization administering the registry under this section under |
|
the terms of the contract between the department and the |
|
organization 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 department may require the nonprofit organization |
|
administering the registry to: |
|
(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 45. 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 46. 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 47. 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 48. 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 49. 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 50. Section 411.0085, Government Code, is repealed. |
|
SECTION 51. (a) Effective January 1, 2015, the powers and |
|
duties of the Department of Public Safety with regard to driver's |
|
licenses and personal identification cards are transferred to the |
|
Texas Department of Motor Vehicles in accordance with this Act. |
|
(b) Effective January 1, 2015, 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, 2013, or as soon as is possible after |
|
that date, the 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 or personal identification cards before January |
|
1, 2015, from the Department of Public Safety to the Texas |
|
Department of Motor Vehicles. |
|
SECTION 52. Effective January 1, 2015: |
|
(1) all money, contracts, leases, rights, property, |
|
records, and bonds and other obligations of the Department of |
|
Public Safety relating to driver's licenses and personal |
|
identification cards are transferred to the Texas Department of |
|
Motor Vehicles; and |
|
(2) an employee of the Department of Public Safety |
|
Driver License Division becomes an employee of the Texas Department |
|
of Motor Vehicles. |
|
SECTION 53. (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 and personal |
|
identification cards for the state fiscal biennium ending August |
|
31, 2013, 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 Section 51 of 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 54. (a) The boards 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 55. (a) In addition to the memorandum of |
|
understanding required by Section 54 of this Act, the boards 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; 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 54 of this Act |
|
apply to a memorandum of understanding entered into or revised |
|
under Subsection (a) of this section. |
|
SECTION 56. This Act takes effect September 1, 2013. |