|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the assumption by the office of the secretary of state |
|
of the powers and duties relating to driver's licenses, personal |
|
identification certificates, and other related programs, powers, |
|
and duties and to the provision of some of those services by certain |
|
vendors; authorizing a fee. |
|
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 office [Department] of the secretary of |
|
state [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 office |
|
[Department] of the secretary of state [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 office of the |
|
secretary of state [Department of Public Safety] to: |
|
(1) support the office of the secretary of state's |
|
[Department of Public Safety's] reengineering of the driver's |
|
license system to provide for the issuance by the office of the |
|
secretary of state [Department of Public Safety] of a driver's |
|
license or personal identification certificate, to include use of |
|
image comparison technology; and |
|
(2) 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 office of the secretary of state |
|
[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 office of the secretary of state [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 office [Department] of |
|
the secretary of state [Public Safety]. |
|
(2) "Director" means the secretary of state [public |
|
safety director]. |
|
SECTION 5. Section 521.009, Transportation Code, is amended |
|
by amending Subsections (a), (a-1), (b), and (c) and adding |
|
Subsections (a-2), (e-1), (e-2), and (g) to read as follows: |
|
(a) The department may establish a program for the provision |
|
of renewal and duplicate driver's license, election identification |
|
certificate, and personal identification certificate services by |
|
[in] counties, [and] municipalities, and vendors that enter into an |
|
agreement with the department under Subsection (a-1). |
|
(a-1) Under the program, the department may enter into an |
|
agreement with the commissioners court of a county, [or] the |
|
governing body of a municipality, or a vendor, subject to |
|
Subsection (a-2), to permit county, [or] municipal, or vendor |
|
employees to provide services at a county or municipal office or at |
|
a location determined by the vendor relating to the issuance of |
|
renewal and duplicate driver's licenses, election identification |
|
certificates, and personal identification certificates, including: |
|
(1) taking photographs; |
|
(2) administering vision tests; |
|
(3) updating a driver's license, election |
|
identification certificate, or personal identification certificate |
|
to change a name, address, or photograph; |
|
(4) distributing and collecting information relating |
|
to donations under Section 521.401; |
|
(5) collecting fees; and |
|
(6) performing other basic ministerial functions and |
|
tasks necessary to issue renewal and duplicate driver's licenses, |
|
election identification certificates, and personal identification |
|
certificates. |
|
(a-2) The department may enter into an agreement with a |
|
vendor under Subsection (a-1) only if the vendor: |
|
(1) is a driver education school authorized under |
|
Section 521.165(e) to administer the examination required by |
|
Section 521.161(b)(2); or |
|
(2) otherwise performs customer service functions for |
|
the public. |
|
(b) An agreement under Subsection (a-1) may not include the |
|
administration of [training to administer] an examination for |
|
driver's license applicants under Subchapter H unless the agreement |
|
is with a driver education school described by Subsection (a-2)(1). |
|
(c) A participating county, [or] municipality, or vendor |
|
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. |
|
(e-1) An agreement under Subsection (a-1) with a vendor must |
|
require the vendor to: |
|
(1) comply with training requirements developed by the |
|
department under Subsection (e-2); |
|
(2) agree to serve as a voter registration agency in a |
|
manner that ensures compliance with federal law; and |
|
(3) comply with the same privacy and information |
|
security standards required of the department, including standards |
|
required under: |
|
(A) this chapter; |
|
(B) Chapter 2054, Government Code; |
|
(C) Chapter 2059, Government Code; or |
|
(D) other law. |
|
(e-2) The department shall develop training requirements |
|
for a vendor relating to the services provided by the vendor under |
|
this section. |
|
(g) The department may perform periodic audits of a vendor |
|
that has entered into an agreement with the department under |
|
Subsection (a-1) to ensure compliance with this section, the |
|
agreement entered into under this section, and any rules adopted by |
|
the department under this section. |
|
SECTION 6. Section 521.044(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) Information provided on a driver's license or personal |
|
identification certificate application that relates to the |
|
applicant's social security number may be used only by the |
|
department or disclosed only to: |
|
(1) the child support enforcement division of the |
|
attorney general's office; |
|
(2) another state entity responsible for enforcing the |
|
payment of child support; |
|
(3) the United States Selective Service System as |
|
provided by Section 521.147; |
|
(4) the unclaimed property division of the |
|
comptroller's office; |
|
(5) the Health and Human Services Commission; or |
|
(6) [the secretary of state for the purposes of voter |
|
registration or the administration of elections; or |
|
[(7)] an agency of another state responsible for |
|
issuing driver's licenses or identification documents. |
|
SECTION 7. Section 521.044(c)(1), Transportation Code, is |
|
amended to read as follows: |
|
(1) On the request of a state entity responsible for |
|
investigating or enforcing the payment of child support [or the |
|
secretary of state], the department shall disclose information |
|
regarding an applicant's social security number. |
|
SECTION 8. 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 9. Section 521.103, Transportation Code, is amended |
|
by adding Subsection (d) to read as follows: |
|
(d) The Department of Public Safety may access 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 10. 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 11. 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 12. 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 13. Section 521.272, Transportation Code, is |
|
amended by adding Subsection (e) to read as follows: |
|
(e) The Department of Public Safety may access 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 14. Section 521.428, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 521.428. COUNTY, [OR] MUNICIPAL, OR VENDOR FEE. (a) A |
|
county, [or] municipality, or vendor that provides services under |
|
an agreement described by Section 521.009 may collect an additional |
|
fee of up to $5 for each transaction provided that relates to |
|
driver's license and personal identification certificate services |
|
only. |
|
(b) No portion of a fee authorized under this section may be |
|
charged for performing a function in connection with voter |
|
registration. |
|
SECTION 15. Sections 521A.001(a), (b), (e), (f), (g), and |
|
(h), Transportation Code, are amended to read as follows: |
|
(a) The office of the secretary of state [department] shall |
|
issue an election identification certificate to a person who states |
|
that the person is obtaining the certificate for the purpose of |
|
satisfying Section 63.001(b), Election Code, and does not have |
|
another form of identification described by Section 63.0101(a), |
|
Election Code, and: |
|
(1) who is a registered voter in this state and |
|
presents a valid voter registration certificate; or |
|
(2) who is eligible for registration under Section |
|
13.001, Election Code, and submits a registration application to |
|
the department. |
|
(b) The office of the secretary of state [department] may |
|
not collect a fee for an election identification certificate or a |
|
duplicate election identification certificate issued under this |
|
section. |
|
(e) An election identification certificate must be similar |
|
in form to, but distinguishable in color from, a driver's license |
|
and a personal identification certificate. [The department may |
|
cooperate with the secretary of state in developing the form and |
|
appearance of an election identification certificate.] |
|
(f) The office of the secretary of state [department] may |
|
require each applicant for an original or renewal election |
|
identification certificate to furnish to the office [department] |
|
the information required by Section 521.142. |
|
(g) The office of the secretary of state [department] may |
|
cancel and require surrender of an election identification |
|
certificate after determining that the holder was not entitled to |
|
the certificate or gave incorrect or incomplete information in the |
|
application for the certificate. |
|
(h) A certificate expires on a date specified by the office |
|
of the secretary of state [department], except that a certificate |
|
issued to a person 70 years of age or older does not expire. |
|
SECTION 16. Section 522.003(8), Transportation Code, is |
|
amended to read as follows: |
|
(8) "Department" means the office [Department] of the |
|
secretary of state [Public Safety]. |
|
SECTION 17. Section 522.007, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 522.007. EXEMPTION FOR NEIGHBORING STATES. (a) The |
|
secretary of state [public safety director] 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 secretary of state [public safety director] 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 18. Section 522.152(d), Transportation Code, is |
|
amended to read as follows: |
|
(d) The organization shall submit an annual report to the |
|
secretary [director] of state [the department] that includes the |
|
total dollar amount of contributions received by the organization |
|
under this section. |
|
SECTION 19. Sections 523.003(2) and (5), Transportation |
|
Code, are amended to read as follows: |
|
(2) "Executive director" means the secretary |
|
[director] of state [the Department of Public Safety] or the |
|
equivalent officer of another state. |
|
(5) "Licensing authority" means the office |
|
[Department] of the secretary of state [Public Safety] or the |
|
equivalent agency of another state. |
|
SECTION 20. Sections 524.001(8) and (9), Transportation |
|
Code, are amended to read as follows: |
|
(8) "Department" means the office [Department] of the |
|
secretary of state [Public Safety]. |
|
(9) "Director" means the secretary [public safety |
|
director] of state [the department]. |
|
SECTION 21. Section 525.001(b), Transportation Code, is |
|
amended to read as follows: |
|
(b) The office [Department] of the secretary of state |
|
[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 22. Section 542.304(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) The department by rule shall designate the offenses |
|
involving the operation of a motor vehicle that constitute a moving |
|
violation of the traffic law for the purposes of: |
|
(1) [Article 102.022(a), Code of Criminal Procedure; |
|
[(2)] Section 1001.112(a-2), Education Code; |
|
(2) [(3)] Section 411.110(f), Government Code; and |
|
(3) [(4)] Sections 773.0614(b) and 773.06141(a), |
|
Health and Safety Code. |
|
SECTION 23. 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 |
|
office of the secretary of state may verify its authenticity with |
|
the course provider and must be in a form adopted by the Texas |
|
Department of Licensing and Regulation. |
|
SECTION 24. Section 601.002(1), Transportation Code, is |
|
amended to read as follows: |
|
(1) "Department" means the office [Department] of the |
|
secretary of state [Public Safety]. |
|
SECTION 25. Subchapter A, Chapter 601, Transportation Code, |
|
is amended by adding Section 601.010 to read as follows: |
|
Sec. 601.010. ACCESS TO RECORDS BY DEPARTMENT OF PUBLIC |
|
SAFETY. The Department of Public Safety may access the |
|
department's records relating to the suspension of a driver's |
|
license and vehicle registration under this chapter. |
|
SECTION 26. 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, 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 office [Department] of the secretary of state [Public |
|
Safety] for two years from the date of conviction. The office |
|
[department] may waive the requirement to file evidence of |
|
financial responsibility if you file satisfactory evidence with the |
|
office [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 27. Sections 643.253(g) and (h), Transportation |
|
Code, are amended to read as follows: |
|
(g) As soon as practicable after the date a person is |
|
convicted of an offense under Subsection (b), the convicting court |
|
shall notify the office of the secretary of state [Department of |
|
Public Safety] of the conviction. The notice must be in a form |
|
prescribed by the office of the secretary of state [Department of |
|
Public Safety] and must contain the person's driver's license |
|
number. |
|
(h) A conviction under Subsection (b) shall be recorded in |
|
the person's driving record maintained by the office of the |
|
secretary of state [Department of Public Safety]. |
|
SECTION 28. Section 662.011(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) Of each fee collected under Sections 521.421(b) and (g) |
|
and Sections 522.029(f) and (g), the office [Department] of the |
|
secretary of state [Public Safety] shall send $5 to the comptroller |
|
for deposit to the credit of the motorcycle education fund account. |
|
SECTION 29. Section 703.001(2), Transportation Code, is |
|
amended to read as follows: |
|
(2) "Department" and "licensing authority" mean the |
|
office [Department] of the secretary of state [Public Safety]. |
|
SECTION 30. Section 706.001(2), Transportation Code, is |
|
amended to read as follows: |
|
(2) "Department" means the office [Department] of the |
|
secretary of state [Public Safety]. |
|
SECTION 31. 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 32. Section 724.001(7), Transportation Code, is |
|
amended to read as follows: |
|
(7) "Department" means the office [Department] of the |
|
secretary of state [Public Safety]. |
|
SECTION 33. 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 34. 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 |
|
secretary of state [director of the department]. |
|
(b) The secretary of state [director] 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 35. Subchapter C, Chapter 724, Transportation Code, |
|
is amended by adding Section 724.0345 to read as follows: |
|
Sec. 724.0345. ACCESS TO RECORDS BY DEPARTMENT OF PUBLIC |
|
SAFETY. The Department of Public Safety may access the |
|
department's records relating to the suspension or denial of a |
|
driver's license. |
|
SECTION 36. 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 office |
|
[Department] of the secretary of state [Public Safety], a passport, |
|
or a military identification card. |
|
SECTION 37. Section 106.06(d), Alcoholic Beverage Code, is |
|
amended to read as follows: |
|
(d) A judge, acting under Chapter 42A, Code of Criminal |
|
Procedure, who places a defendant charged with an offense under |
|
this section on community supervision under that chapter 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 office [Department] of the secretary of |
|
state [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 38. 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 office [Department] of |
|
the secretary of state [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 39. 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 office [Department] of the |
|
secretary of state [Public Safety]. If the defendant does not have |
|
a driver's license or personal identification certificate issued by |
|
the office [Department] of the secretary of state [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 office [Department] of the |
|
secretary of state [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 office [Department] of the secretary of state |
|
[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 40. 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 office [Department] of the secretary of state [Public |
|
Safety] containing a physical description consistent with the |
|
person's appearance. |
|
SECTION 41. 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 office [Department] of the secretary of state [Public |
|
Safety]; or |
|
(4) any other government-issued identification. |
|
SECTION 42. 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 office [Texas |
|
Department] of the secretary of state [Public Safety] to include in |
|
any driver's license record or personal identification certificate |
|
record maintained by the office [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 office [Texas |
|
Department] of the secretary of state [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 office [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 office [Texas Department] of the |
|
secretary of state [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 43. 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 office [Department] of the secretary of state |
|
[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 44. 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 office [Department] of the secretary of state [Public |
|
Safety], on a form prescribed by the office [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 office [Department] of the |
|
secretary of state [Public Safety] on a form prescribed by the |
|
office [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 office [Department] |
|
of the secretary of state [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 office [Department] of the secretary of state |
|
[Public Safety] for inclusion in the person's driving record. |
|
(d) [(c)] If the office [Department] of the secretary of |
|
state [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 office [department] records, the |
|
office [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 office [Department] of the secretary of state |
|
[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 office [department] for |
|
reinstatement of the license and pays to the office [department] a |
|
reinstatement fee of $100. The office [Department] of the |
|
secretary of state [Public Safety] shall remit all fees collected |
|
under this subsection to the comptroller for deposit in the general |
|
revenue fund. |
|
SECTION 45. Articles 42A.407(c) and (e), Code of Criminal |
|
Procedure, are amended to read as follows: |
|
(c) If the office [Department] of the secretary of state |
|
[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 |
|
office [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 office [Department] of the |
|
secretary of state [Public Safety] as provided under Section |
|
521.347, Transportation Code. |
|
SECTION 46. 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 office [Department] of the secretary |
|
of state [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 |
|
office [Department] of the secretary of state [Public Safety] on |
|
receiving proof of compliance with the orders of the court. |
|
SECTION 47. 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 office [Department] of the secretary |
|
of state [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 reimbursement fee collected under Subsection |
|
(b-2) must be deposited to the credit of a special account in the |
|
general revenue fund and may be used only by the office [Department] |
|
of the secretary of state [Public Safety] for the administration of |
|
Chapter 521, Transportation Code. |
|
SECTION 48. 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 office |
|
[Department] of the secretary of state [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 reimbursement 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 |
|
office [Texas Department] of the secretary of state [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 office [Texas Department] of the |
|
secretary of state [Public Safety] shall provide the judge with the |
|
requested copy of the defendant's driving record. The |
|
reimbursement 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 reimbursement 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 office |
|
[Texas Department] of the secretary of state [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 office [Texas Department] |
|
of the secretary of state [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 49. 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 office [Department] of the secretary of |
|
state [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 50. Article 62.053(a), Code of Criminal Procedure, |
|
is 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 office of |
|
the secretary of state [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 office [department] as |
|
required by this paragraph results in the automatic revocation of |
|
any driver's license or personal identification certificate issued |
|
by the office [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; |
|
(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) if the person enters the premises of a school |
|
as described by Article 62.065 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 51. 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 office of the |
|
secretary of state [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 office of the secretary of state [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 office |
|
of the secretary of state [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 52. 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 53. 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 |
|
office of the secretary of state may verify its authenticity with |
|
the course provider. |
|
SECTION 54. 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 office of the secretary |
|
of state. |
|
SECTION 55. 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 office |
|
[Department] of the secretary of state [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 56. Section 13.004(c), Election Code, as amended by |
|
Chapters 469 (H.B. 4173), 489 (H.B. 3100), and 1146 (H.B. 2910), |
|
Acts of the 86th Legislature, Regular Session, 2019, is reenacted |
|
and 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 office [Department] of the secretary of state [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, the spouse of a federal |
|
judge or state judge, the spouse of a peace officer as defined by |
|
Article 2.12, Code of Criminal Procedure, or an individual to whom |
|
Section 552.1175, Government Code, or Section 521.1211, |
|
Transportation Code, applies and the applicant: |
|
(A) included an affidavit with the registration |
|
application describing the applicant's status under this |
|
subdivision, 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, 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 |
|
Subchapter A or B, Chapter 7B, 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; |
|
(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 B, Chapter 58, Code of Criminal Procedure; and |
|
(B) provided the registrar with proof of |
|
certification under Article 58.059, Code of Criminal Procedure; or |
|
(9) the telephone number of any applicant submitting |
|
documentation under Subdivision (5), (6), (7), or (8). |
|
SECTION 57. 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 office |
|
[Department] of the secretary of state [Public Safety]; or |
|
(B) the last four digits of the applicant's |
|
social security number. |
|
SECTION 58. 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 |
|
office [Department] of the secretary of state [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 59. 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 office [Department] of the secretary of state |
|
[Public Safety] or social security number. |
|
SECTION 60. Sections 20.001(a) and (b), Election Code, are |
|
amended to read as follows: |
|
(a) The following state agencies or offices are designated |
|
as voter registration agencies: |
|
(1) office of the secretary of state; |
|
(2) Health and Human Services Commission; |
|
(3) [(2)] Department of Aging and Disability |
|
Services; |
|
(4) [(3)] Department of Assistive and Rehabilitative |
|
Services; |
|
(5) [(4)] Department of State Health Services; and |
|
(6) [(5)] any other agency or program as determined by |
|
the secretary of state that primarily provides: |
|
(A) public assistance; or |
|
(B) services to persons with disabilities. |
|
(b) Each vendor that provides services under an agreement |
|
described by Section 521.009, Transportation Code, [The Department |
|
of Public Safety] is designated as a voter registration agency. |
|
SECTION 61. The heading to Subchapter C, Chapter 20, |
|
Election Code, is amended to read as follows: |
|
SUBCHAPTER C. OFFICE OF SECRETARY [DEPARTMENT] OF STATE AND |
|
VENDORS [PUBLIC SAFETY] |
|
SECTION 62. Section 20.061, Election Code, is amended to |
|
read as follows: |
|
Sec. 20.061. APPLICABILITY [OF OTHER PROVISIONS]. (a) The |
|
other provisions of this chapter apply to the office [Department] |
|
of the secretary of state and vendors described by Section |
|
20.001(b) [Public Safety] except provisions that conflict with this |
|
subchapter. |
|
(b) The provisions of this subchapter apply to vendors |
|
described by Section 20.001(b) in the same manner as those |
|
provisions apply to the office of the secretary of state. |
|
SECTION 63. Section 20.062, Election Code, is amended to |
|
read as follows: |
|
Sec. 20.062. OFFICE AND VENDOR [DEPARTMENT] FORMS AND |
|
PROCEDURE. (a) The office [Department] of the secretary of state |
|
[Public Safety] shall prescribe and use a form and procedure that |
|
combines the office's [department's] application form for a license |
|
or card with an officially prescribed voter registration |
|
application form. |
|
(b) The office [department] shall prescribe and use a change |
|
of address form and procedure that combines office [department] and |
|
voter registration functions. The form must allow a licensee or |
|
cardholder to indicate whether the change of address is also to be |
|
used for voter registration purposes. |
|
(c) The design, content, and physical characteristics of |
|
the [department] forms of vendors described by Section 20.001(b) |
|
must be approved by the secretary of state. |
|
SECTION 64. Section 20.063, Election Code, is amended to |
|
read as follows: |
|
Sec. 20.063. REGISTRATION PROCEDURES. (a) The office |
|
[Department] of the secretary of state [Public Safety] shall |
|
provide to each person who applies in person to the office [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. |
|
(b) When the office [department] processes a license or card |
|
for renewal by mail, the office [department] shall deliver to the |
|
applicant by mail a voter registration application form. |
|
(c) A change of address that relates to a license or card and |
|
that is submitted to the office [department] in person or by mail |
|
serves as a change of address for voter registration unless the |
|
licensee or cardholder indicates that the change is not for voter |
|
registration purposes. The date of submission of a change of |
|
address to an office [a department] employee is considered to be the |
|
date of submission to the voter registrar for the purpose of |
|
determining the effective date of registration only. |
|
(d) If a completed voter registration application submitted |
|
to an office [a department] employee does not include the |
|
applicant's correct driver's license number or personal |
|
identification card number, an office [a department] employee shall |
|
enter the appropriate information on the application. If a |
|
completed application does not include the applicant's correct |
|
residence address or mailing address, an office [a department] |
|
employee shall obtain the appropriate information from the |
|
applicant and enter the information on the application. |
|
SECTION 65. Section 20.064, Election Code, is amended to |
|
read as follows: |
|
Sec. 20.064. DECLINATION FORM NOT REQUIRED. The office |
|
[Department] of the secretary of state [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 66. Section 20.065, Election Code, is amended to |
|
read as follows: |
|
Sec. 20.065. DELIVERY OF APPLICATIONS AND CHANGES OF |
|
ADDRESS. [(a)] At the end of each day the [a Department of Public |
|
Safety] office of the secretary of state is regularly open for |
|
business, the [manager of the] office shall deliver by mail or in |
|
person to the voter registrar of the applicable county [in which the |
|
office is located] each completed voter registration application |
|
and applicable change of address submitted to an office [a |
|
department] employee. |
|
[(b) Each weekday the department is regularly open for |
|
business, the department shall electronically transfer to the |
|
secretary of state the name of each person who completes a voter |
|
registration application submitted to the department. The |
|
secretary shall prescribe procedures necessary to implement this |
|
subsection. |
|
[(c) On the weekday the secretary of state is regularly open |
|
for business following the date the secretary receives information |
|
under Subsection (b), the secretary shall inform the appropriate |
|
voter registrar of the name of each person who completes a voter |
|
registration application submitted to the department. The |
|
registrar may verify that the registrar has received each |
|
application as indicated by the information provided by the |
|
secretary under this subsection.] |
|
SECTION 67. 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 office [Department] of the |
|
secretary of state [Public Safety] shall: |
|
(1) input the information provided on the application |
|
into the office's [department's] electronic data system; and |
|
(2) inform the applicant that the applicant's |
|
electronic signature provided to the office [department] will be |
|
used for submitting the applicant's voter registration |
|
application. |
|
SECTION 68. 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 office [Department] of the secretary of state [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 69. 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 |
|
office [Department] of the secretary of state [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 |
|
office [Department] of the secretary of state [Public Safety] is |
|
excluded from disclosure. |
|
SECTION 70. 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 office [Department] of the |
|
secretary of state [Public Safety]; or |
|
(19) an offender identification card issued by the |
|
Texas Department of Criminal Justice. |
|
SECTION 71. 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 office [Department] of the secretary of |
|
state [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 office [Department] of the secretary of |
|
state [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 office [Department] of the secretary of state |
|
[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 office [Department] of the secretary of state |
|
[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 office [Department] of the secretary of state [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 72. 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 office [Department] of the secretary of state |
|
[Public Safety]; and |
|
(2) making at least one additional certified mailing |
|
to the victim. |
|
SECTION 73. 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 office [Department] of the |
|
secretary of state [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 office [Department] of the secretary of |
|
state [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 74. 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 office [Department] of the secretary of |
|
state [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 office [Department] of the secretary of state [Public |
|
Safety] deny the issuance of a license or permit to the child until |
|
the child fully complies with the court's orders. |
|
SECTION 75. Section 203.007(b), Family Code, is amended to |
|
read as follows: |
|
(b) A domestic relations office is entitled to obtain from |
|
the office of the secretary of state 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. |
|
SECTION 76. Section 264.1213, Family Code, is amended to |
|
read as follows: |
|
Sec. 264.1213. 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 office [Department] of the secretary of state |
|
[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 77. 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 office [Department] of the secretary of state |
|
[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 78. Sections 62.001(a), (f), (g), (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 the [a] current list created [to be |
|
furnished] by the office [Department] of the secretary of state |
|
under Subsection (f) [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 |
|
office [department]; and |
|
(B) are not disqualified from jury service under |
|
Section 62.102(1), (2), or (7). |
|
(f) The office [Department] of the secretary of state |
|
[Public Safety] shall create [furnish] a list from the office's |
|
driver's license database [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 office [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 |
|
office [department] shall create [furnish] the list [to the |
|
secretary of state] on or before the first Monday in October of each |
|
year. |
|
(g) [The secretary of state shall accept the lists furnished |
|
as provided by Subsections (c) through (f).] The secretary of state |
|
shall combine the list furnished as provided by Subsections (c) |
|
through (e) and the list created under Subsection (f) [lists], |
|
eliminate duplicate names, and send the combined list to each |
|
county on or before December 31 of each year or as may be required |
|
under a plan developed in accordance with Section 62.011. The |
|
district clerk or bailiff designated as the officer in charge of the |
|
jury selection process for a county that has adopted a plan under |
|
Section 62.011 shall give the secretary of state notice not later |
|
than the 90th day before the date the list is required. The list |
|
furnished the county must be in a format, electronic or printed |
|
copy, as requested by the county and must be certified by the |
|
secretary of state stating that the list contains the names |
|
required by Subsections (c) through (f), eliminating duplications. |
|
The secretary of state shall furnish the list free of charge. |
|
(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 created under [furnished by the Department of 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 created [furnished] by the office |
|
of the secretary of state under Subsection (f) [Department of |
|
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 |
|
office of the secretary [Department] of state [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 79. 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 office [Department] of the secretary of state |
|
[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 80. Section 411.0111, Government Code, is |
|
transferred to Subchapter B, Chapter 405, Government Code, |
|
redesignated as Section 405.024, Government Code, and amended to |
|
read as follows: |
|
Sec. 405.024 [411.0111]. PROVISION OF CERTAIN INFORMATION |
|
TO COMPTROLLER. (a) Not later than June 1 of every fifth year, the |
|
office of the secretary of state [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 office of the secretary of state |
|
[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 office of the secretary of state [department] shall |
|
provide the information in the format prescribed by rule of the |
|
comptroller. |
|
SECTION 81. 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 |
|
office of the secretary of state [department] under Subchapter C, |
|
Chapter 521, Transportation Code. |
|
SECTION 82. 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 office of the secretary of state |
|
[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 83. 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 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 |
|
office of the secretary of state [department]; and |
|
(7) the designation "VETERAN" if required under |
|
Subsection (e). |
|
SECTION 84. 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 office of the secretary of state [department] and the |
|
license holder's handgun license. |
|
SECTION 85. 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 office |
|
[Department] of the secretary of state [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 office [Department] of the |
|
secretary of state [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 office [Department] of the secretary of state |
|
[Public Safety] to validate the identity of an inmate under this |
|
section. |
|
(d) The department shall reimburse the office [Department] |
|
of the secretary of state [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 86. 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 office [Department] of the secretary |
|
of state [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 87. 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 this section. 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 office |
|
[Department] of the secretary of state [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 |
|
office of the secretary of state [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 88. 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 |
|
office [Department] of the secretary of state [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 |
|
office [Department] of the secretary of state [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 89. Section 533.00258(f), Government Code, is |
|
amended to read as follows: |
|
(f) The rules may not permit a motor vehicle operator to |
|
provide nonmedical transportation services if the operator: |
|
(1) has been convicted in the three-year period |
|
preceding the issue date of the driving record obtained under |
|
Subsection (e)(4) of: |
|
(A) more than three offenses classified by the |
|
office [Department] of the secretary of state [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 90. 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 office [Department] of the secretary of state |
|
[Public Safety] under Subchapter C, Chapter 521, Transportation |
|
Code. |
|
SECTION 91. 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 office of the secretary of state appropriate policies, |
|
standards, and procedures relating to those medical aspects. |
|
SECTION 92. Section 12.092(b), Health and Safety Code, is |
|
amended to read as follows: |
|
(b) The medical advisory board shall assist: |
|
(1) the office [Department] of the secretary of state |
|
[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 93. 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 the office of the secretary of state 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 or office. |
|
(c) Each panel member shall prepare an individual |
|
independent written report for the Department of Public Safety of |
|
the State of Texas or the office of the secretary of state, 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 |
|
or office's subsequent action. |
|
SECTION 94. 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 office of the secretary of state, 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 the office of |
|
the secretary of state. |
|
SECTION 95. 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 office of the secretary of state, 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 the office of the secretary of state, as appropriate; |
|
(2) the applicant or license holder; and |
|
(3) the officer who presides at the hearing. |
|
SECTION 96. 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 office [Department] of the secretary of |
|
state [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 97. Section 191.010, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 191.010. DEATH INFORMATION FOR OFFICE OF SECRETARY |
|
[DEPARTMENT] OF STATE [PUBLIC SAFETY]. (a) The department shall |
|
implement an efficient and effective method to verify death |
|
information to assist the office [Department] of the secretary of |
|
state [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 office [Department] of the secretary of |
|
state [Public Safety] to implement this section. The memorandum of |
|
understanding must include a mechanism for the department to |
|
provide to the office [Department] of the secretary of state |
|
[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 98. 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 office of the secretary of state |
|
[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 99. 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 office of the secretary of state |
|
[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 100. 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 |
|
office [Department] of the secretary of state [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 101. 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 office [Department] of the secretary of state [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 office [Department] of the secretary of state |
|
[Public Safety]. |
|
SECTION 102. 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 office [Department] of the |
|
secretary of state [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 office [Department] of |
|
the secretary of state [Public Safety] to ascertain whether an |
|
individual at or near death is a donor. |
|
SECTION 103. 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 office |
|
[Department] of the secretary of state [Public Safety] shall |
|
maintain and administer a statewide donor registry, to be known as |
|
the Glenda Dawson Donate Life-Texas Registry. |
|
(d) The office [Department] of the secretary of state |
|
[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 office |
|
[Department] of the secretary of state [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 office |
|
[Department] of the secretary of state [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 office [Department] of the secretary of state |
|
[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 office [Department] of the secretary of state |
|
[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 office [Department] of |
|
the secretary of state [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 office [Department] of the |
|
secretary of state [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 |
|
office [Department] of the secretary of state [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 104. 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 office [Department] of the secretary of state |
|
[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 105. 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 office |
|
[Department] of the secretary of state [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 office [Department] of the secretary of |
|
state [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 office [Department] of the secretary of |
|
state [Public Safety] to validate the identity of a committed |
|
person under this section. |
|
(d) The office shall reimburse the office [Department] of |
|
the secretary of state [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 106. 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 office [Department] of the secretary of state |
|
[Public Safety of the State of Texas]. |
|
SECTION 107. Section 133.124, Local Government Code, is |
|
amended to read as follows: |
|
Sec. 133.124. ALLOCATION OF FEES TO TRANSPORTATION |
|
ADMINISTRATIVE FEE ACCOUNT. The transportation administrative fee |
|
account is an account in the general revenue fund. The account |
|
consists of money allocated to the account under Section |
|
133.102(e). Money in the account may be appropriated only to the |
|
office [Department] of the secretary of state [Public Safety] to |
|
defray the administrative costs associated with implementing |
|
Chapter 706, Transportation Code. |
|
SECTION 108. 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 |
|
office [Department] of the secretary of state [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 109. 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 office |
|
[Department] of the secretary of state [Public Safety] |
|
identification card number, as recorded by the dealer on physical |
|
presentation of the license or identification card by the seller. |
|
SECTION 110. 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 office of the secretary of state [department] under Section |
|
521.101, Transportation Code, or a corresponding card or |
|
certificate issued by another state. |
|
SECTION 111. 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 112. 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 office |
|
[Department] of the secretary of state [Public Safety] that |
|
contains a physical description consistent with the minor's |
|
appearance. |
|
SECTION 113. 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 |
|
office [Department] of the secretary of state [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 114. 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 office [Department] of the secretary of |
|
state [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 office [Texas |
|
Department] of the secretary of state [Public Safety] to the |
|
appraisal district under Section 521.049, Transportation Code. |
|
SECTION 115. The following laws are repealed: |
|
(1) Article 102.022(a), Code of Criminal Procedure; |
|
(2) Section 20.066(b), Election Code; and |
|
(3) Section 411.0085, Government Code. |
|
SECTION 116. (a) This section applies to the following |
|
duties of the office of the secretary of state, 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) The Department of Public Safety shall contract with an |
|
institution of higher education, as defined by Section 61.003, |
|
Education Code, to conduct a study on 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) Not later than September 1, 2021, the Department of |
|
Public Safety shall begin the process of advertising or otherwise |
|
soliciting bids, proposals, offers, or qualifications for a |
|
contract with an institution of higher education, as defined by |
|
Section 61.003, Education Code, to conduct the study required by |
|
Subsection (b) of this section. |
|
(d) Not later than March 1, 2022, the institution of higher |
|
education with which the Department of Public Safety contracts |
|
under Subsection (b) of this section shall submit to the department |
|
and the office of the secretary of state a report on the results of |
|
the study conducted under Subsection (b) of this section and any |
|
recommendations based on the study. |
|
(e) The Department of Public Safety, the office of the |
|
secretary of state, and the county tax assessor-collectors in this |
|
state shall assist and provide input in the study conducted under |
|
Subsection (b) of this section. |
|
SECTION 117. (a) Effective January 1, 2023, 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 |
|
office of the secretary of state in accordance with this Act. |
|
(b) Effective January 1, 2023, all rules of the Department |
|
of Public Safety relating to driver's licenses, personal |
|
identification certificates, and other miscellaneous programs, |
|
powers, and duties are continued in effect as rules of the office of |
|
the secretary of state until superseded by a rule of the office of |
|
the secretary of state. A license or certification issued by the |
|
Department of Public Safety relating to driver's licenses, personal |
|
identification certificates, and other miscellaneous programs, |
|
powers, and duties 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 |
|
relating to driver's licenses, personal identification |
|
certificates, and other miscellaneous programs, powers, and duties |
|
that is 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 relating to |
|
driver's licenses, personal identification certificates, and other |
|
miscellaneous programs, powers, and duties is considered to be an |
|
activity conducted by the office of the secretary of state. |
|
(c) On September 1, 2021, 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, 2023, from the Department of Public Safety to the |
|
office of the secretary of state. |
|
(d) As soon as practicable after the Department of Public |
|
Safety and the office of the secretary of state receive the report |
|
on the study conducted under Section 116 of this Act, the Department |
|
of Public Safety and the office of the secretary of state shall |
|
establish a work group to evaluate and revise, if necessary, the |
|
comprehensive plan under Subsection (c) of this section to reflect |
|
the recommendations made in the report that would provide for the |
|
smooth transition of the programs described by that subsection. |
|
SECTION 118. Effective January 1, 2023: |
|
(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 office of the secretary of |
|
state; 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 office of |
|
the secretary of state. |
|
SECTION 119. (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, 2023, is transferred to the office of the secretary of |
|
state 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 office of the secretary of state until the transfer of agency |
|
duties and functions is complete. |
|
SECTION 120. (a) The secretary of state and the Public |
|
Safety Commission shall enter into or revise a joint memorandum of |
|
understanding to coordinate the office of the secretary of state's |
|
and the Department of Public Safety's information systems to allow |
|
for the sharing of information so that each entity may effectively |
|
and efficiently perform the functions and duties assigned to it. |
|
Neither the office of the secretary of state 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 office of the secretary of state 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 entity 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. |
|
SECTION 121. (a) In addition to the memorandum of |
|
understanding required by this Act, the secretary of state and the |
|
Public Safety Commission 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 |
|
office of the secretary of state 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 office of the secretary of state 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 office of the |
|
secretary of state. |
|
(b) Subsections (b), (c), and (d) of Section 120 of this Act |
|
apply to a memorandum of understanding entered into or revised |
|
under Subsection (a) of this section. |
|
SECTION 122. An employee of the office of the secretary of |
|
state employed by the office before the effective date of this Act |
|
may not be transferred to perform the duties described by Section |
|
116(a) of this Act. Only full-time equivalent positions for which |
|
the 87th Legislature made appropriations to the office for the |
|
purpose of administering those duties in S.B. No. 1 (General |
|
Appropriations Act) or similar legislation of the 87th Legislature, |
|
Regular Session, 2021, may perform those duties. |
|
SECTION 123. As soon as practicable after the effective |
|
date of this Act, the secretary of state shall adopt rules as |
|
necessary to implement Section 521.009, Transportation Code, as |
|
amended by this Act. |
|
SECTION 124. To the extent of any conflict, this Act |
|
prevails over another Act of the 87th Legislature, Regular Session, |
|
2021, relating to nonsubstantive additions to and corrections in |
|
enacted codes. |
|
SECTION 125. 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, 2021. |