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�	H.B.�No.�2730

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�	AN ACT
�	relating to the continuation and functions of the Department of
�	Public Safety of the State of Texas and the Texas Private Security
�	Board; providing a penalty.
�	�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
�	ARTICLE 1. CHANGES TO VEHICLE INSPECTION PROGRAM
�	�������SECTION�1.01.��Section 548.006(i), Transportation Code, is
�	amended to read as follows:
�	�������(i)��The committee shall hold a meeting at least once [at
�	least two meetings] each quarter [year].
�	�������SECTION�1.02.��Subchapter A, Chapter 548, Transportation
�	Code, is amended by adding Section 548.008 to read as follows:
�	�������Sec.�548.008.��VEHICLE INSPECTION PROGRAM DIRECTOR. (a)
�	The vehicle inspection program is managed by a program director.
�	The program director may not be a commissioned officer.
�	�������(b)��The office of the vehicle inspection program director
�	must be located in Austin, Texas.
�	�������(c)��The duties of the program director include:
�	�������������(1)��responsibility for the quality of the vehicle
�	inspection program;
�	�������������(2)��coordination of the regional offices;
�	�������������(3)��compilation of regional and statewide performance
�	data;
�	�������������(4)��the establishment of best practices and
�	distribution of those practices to the regional offices;
�	�������������(5)��setting goals for the entire program, in
�	consultation with the public safety director or the public safety
�	director's designee, and setting goals for each regional office in
�	consultation with the regional managers;
�	�������������(6)��monitoring the progress toward the goals set in
�	Subdivision (5) and evaluating the program based on that progress;
�	and
�	�������������(7)��coordination with the Texas Highway Patrol to
�	enforce provisions related to vehicle inspection.
�	�������(d)��The regional offices shall make reports as requested by
�	the program director.
�	ARTICLE 2. DIVISION OF EMERGENCY MANAGEMENT
�	PART A. ORGANIZATION OF DIVISION
�	�������SECTION�2A.01.��Section 418.004, Government Code, is amended
�	by amending Subdivision (2) and adding Subdivision (9) to read as
�	follows:
�	�������������(2)��"Division" means the Texas Division of Emergency
�	Management [division of emergency management in the office of the
�	governor].
�	�������������(9)��"Department" means the Department of Public Safety
�	of the State of Texas.
�	�������SECTION�2A.02.��Sections 418.041(a), (b), and (c),
�	Government Code, are amended to read as follows:
�	�������(a)��The Texas Division of Emergency Management [division of
�	emergency management] is a division of the department [office of
�	the governor].
�	�������(b)��The division is managed by a chief [director] appointed
�	by the public safety director of the department, with the approval
�	of the governor. The chief [director] serves at the pleasure of the
�	public safety director [governor]. The chief must possess
�	professional training and knowledge consisting of not less than
�	five years of managerial or strategic planning experience in
�	matters relating to public safety, security, emergency services,
�	and emergency response.
�	�������(c)��At least once every two months, the following shall meet
�	to coordinate efforts, prevent overlap of activities, and ensure
�	that the state's approach to emergency management and homeland
�	security is unified:
�	�������������(1)��a representative of the department;
�	�������������(2)��a representative of the division;
�	�������������(3)��a representative of the governor's office of
�	homeland security;
�	�������������(4)��the presiding officer of the Homeland Security
�	Council; and
�	�������������(5)��a state agency representative from the emergency
�	management council, selected by the chair of the emergency
�	management council. [The director shall appoint a state
�	coordinator.]
�	�������SECTION�2A.03.��Section 418.072, Government Code, is amended
�	to read as follows:
�	�������Sec.�418.072.��DISASTER EMERGENCY FUNDING BOARD. The
�	disaster emergency funding board is composed of:
�	�������������(1)��the governor;
�	�������������(2)��the lieutenant governor;
�	�������������(3)��the commissioner of insurance;
�	�������������(4)��the executive commissioner of the Health and
�	[Department of] Human Services Commission; and
�	�������������(5)��the chief [director] of the division.
�	�������SECTION�2A.04.��Section 418.074(b), Government Code, is
�	amended to read as follows:
�	�������(b)��If a gift, grant, or loan is accepted by the state, the
�	governor, or the emergency management council or chief of the
�	division [state coordinator] if designated by the governor, may
�	dispense the gift, grant, or loan directly to accomplish the
�	purpose for which it was made or may allocate and transfer to a
�	political subdivision services, equipment, supplies, materials, or
�	funds in the amount the governor or the governor's designee may
�	determine.
�	PART B. OTHER AMENDMENTS, INCLUDING CONFORMING AMENDMENTS
�	REFLECTING DIVISION'S NAME CHANGE
�	�������SECTION�2B.01.��Section 12.0012, Agriculture Code, is
�	amended to read as follows:
�	�������Sec.�12.0012.��NOTIFICATION. The department shall, upon
�	submission for publication, notify the Texas Division of Emergency
�	Management [division of emergency management in the office of the
�	governor] of each quarantine it adopts. The department shall
�	thereafter cooperate with the Texas Division of Emergency
�	Management [division of emergency management] in implementing any
�	necessary safeguards to protect the state's agricultural resources
�	from potential economic, health, or ecological disaster that may
�	result from the quarantined pest or disease.
�	�������SECTION�2B.02.��Sections 88.303(a) and (d), Education Code,
�	are amended to read as follows:
�	�������(a)��Notwithstanding any other law, during any period in
�	which Texas Task Force 1 is activated by the Texas Division of
�	Emergency Management [governor's division of emergency
�	management], or during any training session sponsored or sanctioned
�	by Texas Task Force 1, a participating nongovernment member or
�	local government employee member is included in the coverage
�	provided under Chapter 501, Labor Code, in the same manner as an
�	employee, as defined by Section 501.001, Labor Code.
�	�������(d)��Notwithstanding Section 412.0123, Labor Code, as added
�	by Chapter 1098, Acts of the 75th Legislature, Regular Session,
�	1997, the Texas Division of Emergency Management [governor's
�	division of emergency management] shall reimburse the State Office
�	of Risk Management for the actual medical and indemnity benefits
�	paid on behalf of a covered member of Texas Task Force 1 at the
�	beginning of the next state fiscal year occurring after the date the
�	benefits are paid.
�	�������SECTION�2B.03.��Section 418.014(e), Government Code, is
�	amended to read as follows:
�	�������(e)��An executive order or proclamation shall be
�	disseminated promptly by means intended to bring its contents to
�	the attention of the general public. An order or proclamation shall
�	be filed promptly with the division [of emergency management], the
�	secretary of state, and the county clerk or city secretary in each
�	area to which it applies unless the circumstances attendant on the
�	disaster prevent or impede the filing.
�	�������SECTION�2B.04.��The heading to Subchapter C, Chapter 418,
�	Government Code, is amended to read as follows:
�	SUBCHAPTER C. TEXAS DIVISION OF EMERGENCY MANAGEMENT
�	�������SECTION�2B.05.��Section 418.073(d), Government Code, is
�	amended to read as follows:
�	�������(d)��The [governor's] division [of emergency management]
�	shall administer the disaster contingency fund and shall develop
�	and implement rules and procedures for providing emergency
�	assistance from the fund. The division shall annually report to the
�	speaker of the house of representatives and the lieutenant governor
�	expenditures from the fund, the overall status of the fund, and any
�	changes to rules and procedures regarding the fund.
�	�������SECTION�2B.051.��Subchapter C, Chapter 418, Government Code,
�	is amended by adding Section 418.050 to read as follows:
�	�������Sec.�418.050.��REENTRY CREDENTIALING PILOT PROGRAM. �(a) �
�	The division shall consider implementing a pilot program for a
�	reentry credentialing process for reentry into areas previously
�	evacuated because of a disaster or threat of disaster.
�	�������SECTION�2B.06.��Section 421.021(a), Government Code, is
�	amended to read as follows:
�	�������(a)��The Homeland Security Council is composed of the
�	governor or the governor's designee, the speaker of the house of
�	representatives or the speaker's designee, the lieutenant governor
�	or the lieutenant governor's designee, and one representative of
�	each of the following entities, appointed by the single statewide
�	elected or appointed governing officer, administrative head, or
�	chair, as appropriate, of the entity:
�	�������������(1)��Department of Agriculture;
�	�������������(2)��office of the attorney general;
�	�������������(3)��General Land Office;
�	�������������(4)��Public Utility Commission of Texas;
�	�������������(5)��Department of State Health Services;
�	�������������(6)��Department of Information Resources;
�	�������������(7)��Department of Public Safety of the State of Texas;
�	�������������(8)��Texas Division of Emergency Management [division
�	of emergency management of the office of the governor];
�	�������������(9)��adjutant general's department;
�	�������������(10)��Texas Commission on Environmental Quality;
�	�������������(11)��Railroad Commission of Texas;
�	�������������(12)��Texas Strategic Military Planning Commission;
�	�������������(13)��Texas Department of Transportation;
�	�������������(14)��Commission on State Emergency Communications;
�	�������������(15)��Office of State-Federal Relations;
�	�������������(16)��secretary of state;
�	�������������(17)��Senate Committee on Transportation and Homeland
�	Security;
�	�������������(18)��House Committee on Defense and Veterans' Affairs
�	[and State-Federal Relations];
�	�������������(19)��Texas Animal Health Commission;
�	�������������(20)��Texas Association of Regional Councils;
�	�������������(21)��Texas Commission on Law Enforcement Officer
�	Standards and Education;
�	�������������(22)��state fire marshal's office;
�	�������������(23)��Texas Education Agency;
�	�������������(24)��Texas Commission on Fire Protection;
�	�������������(25)��Parks and Wildlife Department;
�	�������������(26)��Texas Forest Service; and
�	�������������(27)��Texas Water Development Board.
�	�������SECTION�2B.07.��Section 661.907(b), Government Code, is
�	amended to read as follows:
�	�������(b)��The number of certified disaster service volunteers who
�	are eligible for leave under this section may not exceed 350 state
�	employees at any one time during a fiscal year. The Texas Division
�	of Emergency Management [division of emergency management in the
�	governor's office] shall coordinate the establishment and
�	maintenance of the list of eligible employees.
�	�������SECTION�2B.08.��Section 661.919(b), Government Code, is
�	amended to read as follows:
�	�������(b)��The number of amateur radio operators who are eligible
�	for leave under this section may not exceed 350 state employees at
�	any one time during a state fiscal year.��The Texas Division of
�	Emergency Management [division of emergency management in the
�	governor's office] shall coordinate the establishment and
�	maintenance of the list of eligible employees.
�	�������SECTION�2B.09.��Section 501.001(5), Labor Code, is amended
�	to read as follows:
�	�������������(5)��"Employee" means a person who is:
�	�������������������(A)��in the service of the state pursuant to an
�	election, appointment, or express oral or written contract of hire;
�	�������������������(B)��paid from state funds but whose duties
�	require that the person work and frequently receive supervision in
�	a political subdivision of the state;
�	�������������������(C)��a peace officer employed by a political
�	subdivision, while the peace officer is exercising authority
�	granted under:
�	�������������������������(i)��Article 2.12, Code of Criminal
�	Procedure; or
�	�������������������������(ii)��Articles 14.03(d) and (g), Code of
�	Criminal Procedure;
�	�������������������(D)��a member of the state military forces, as
�	defined by Section 431.001, Government Code, who is engaged in
�	authorized training or duty; or
�	�������������������(E)��a Texas Task Force 1 member, as defined by
�	Section 88.301, Education Code, who is activated by the Texas
�	Division of Emergency Management [governor's division of emergency
�	management] or is injured during [any] training [session] sponsored
�	or sanctioned by Texas Task Force 1.
�	�������SECTION�2B.10.��Sections 16.055(a) and (b), Water Code, are
�	amended to read as follows:
�	�������(a)��The chief [coordinator] of the Texas Division of
�	Emergency Management [division of emergency management of the
�	office of the governor] is the state drought manager. The state
�	drought manager is responsible for managing and coordinating the
�	drought response component of the state water plan.
�	�������(b)��The drought preparedness council is created and shall
�	meet as necessary to carry out the provisions of this section. The
�	council is composed of one representative from each of the
�	following entities, appointed by the administrative head of that
�	entity:
�	�������������(1)��the Texas Division of Emergency Management
�	[division of emergency management of the office of the governor];
�	�������������(2)��the board;
�	�������������(3)��the commission;
�	�������������(4)��the Parks and Wildlife Department;
�	�������������(5)��the Department of Agriculture;
�	�������������(6)��the Texas AgriLife [Agricultural] Extension
�	Service;
�	�������������(7)��the State Soil and Water Conservation Board;
�	�������������(8)��the Texas Department of Housing and Community
�	Affairs;
�	�������������(9)��the Texas Forest Service;
�	�������������(10)��the Texas Department of Transportation;
�	�������������(11)��the Texas Department of Economic Development; and
�	�������������(12)��a representative of groundwater management
�	interests who is appointed by the governor.
�	�������SECTION�2B.11.��Section 1(3), Chapter 350 (S.B. 1101), Acts
�	of the 71st Legislature, Regular Session, 1989 (Article 6419c,
�	Vernon's Texas Civil Statutes), is amended to read as follows:
�	�������������(3)��"Division of emergency management" means the Texas
�	Division of Emergency Management [division of emergency management
�	of the office of the governor].
�	�������SECTION�2B.12.��A reference in law or a rule to the
�	"governor's division of emergency management" or the "division of
�	emergency management in the office of the governor" means the Texas
�	Division of Emergency Management in the Department of Public Safety
�	of the State of Texas.
�	ARTICLE 3. ADMINISTRATIVE SUSPENSION OF DRIVER'S LICENSE
�	FOR INTOXICATION OFFENSES
�	�������SECTION�3.01.��Section 524.039, Transportation Code, is
�	amended to read as follows:
�	�������Sec.�524.039.��APPEARANCE OF TECHNICIANS AT HEARING. (a)
�	Not [Notwithstanding Section 524.038, if not] later than the fifth
�	day before the date of a scheduled hearing, [the department
�	receives from] the person who requested a hearing may apply to the
�	State Office of Administrative Hearings to issue a subpoena for the
�	attendance [written notice, including a facsimile transmission,
�	requesting the presence at the hearing] of the breath test operator
�	who took the specimen of the person's breath to determine alcohol
�	concentration or the certified breath test technical supervisor
�	responsible for maintaining and directing the operation of the
�	breath test instrument used to analyze the specimen of the person's
�	breath, or both[, each requested person must appear at the
�	hearing]. The State Office of Administrative Hearings shall issue
�	the subpoena only on a showing of good cause.
�	�������(b)��The department may reschedule a hearing once not less
�	than 48 hours before the hearing if a [the] person subpoenaed
�	[requested to attend] under Subsection (a) is unavailable. The
�	department may also reschedule the hearing on showing good cause
�	that a [the] person subpoenaed [requested] under Subsection (a) is
�	not available at the time of the hearing.
�	�������SECTION�3.02.��The changes in law made by this article by the
�	amendment of Section 524.039, Transportation Code, apply only to a
�	hearing conducted on or after September 1, 2009. A hearing
�	conducted before September 1, 2009, is covered by the law in effect
�	immediately before that date, and the former law is continued in
�	effect for that purpose.
�	�������SECTION�3.03.��This article takes effect September 1, 2009.
�	ARTICLE 4. CHANGES TO PRIVATE SECURITY ACT
�	�������SECTION�4.01.��Section 1702.002, Occupations Code, is
�	amended by amending Subdivisions (2), (3), (5), (11), (12), (13),
�	(17), (19), (20), and (21) and adding Subdivision (6-b) to read as
�	follows:
�	�������������(2)��"Branch office" means an office that is:
�	�������������������(A)��identified to the public as a place from
�	which business is conducted, solicited, or advertised; and
�	�������������������(B)��at a place other than the principal place of
�	business as shown in board [commission] records.
�	�������������(3)��"Branch office license" means a permit issued by
�	the board [commission] that entitles a person to operate at a branch
�	office as a security services contractor or investigations company.
�	�������������(5)��"Commissioned security officer" means a security
�	officer to whom a security officer commission has been issued by the
�	board [commission].
�	�������������(6-b)��"Endorsement" means a permit entitling an
�	individual holding a registration to perform a service regulated by
�	this chapter for an appropriately licensed company.
�	�������������(11)��"Letter of authority" means a permit issued by
�	the board [commission] that entitles the security department of a
�	private business or a political subdivision to employ a
�	commissioned security officer.
�	�������������(12)��"License" means a permit issued by the board
�	[commission] that entitles a person to operate as a security
�	services contractor or investigations company.
�	�������������(13)��"License holder" means a person to whom the board
�	[commission] issues a license.
�	�������������(17)��"Personal protection officer endorsement
�	[authorization]" means a permit issued by the board [commission]
�	that entitles an individual to act as a personal protection
�	officer.
�	�������������(19)��"Registrant" means an individual who has
�	registered with the board [commission] under Section 1702.221.
�	�������������(20)��"Registration" means a permit issued by the board
�	[commission] to an individual described by Section 1702.221.
�	�������������(21)��"Security officer commission" means an
�	authorization issued by the board [commission] that entitles a
�	security officer to carry a firearm.
�	�������SECTION�4.02.��Section 1702.004, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.004.��GENERAL SCOPE OF REGULATION. (a) The board,
�	in addition to performing duties required by other law or
�	exercising powers granted by other law:
�	�������������(1)��licenses investigations companies and security
�	services contractors;
�	�������������(2)��issues commissions to certain security officers;
�	�������������(3)��issues endorsements [authorizations] to certain
�	security officers engaged in the personal protection of
�	individuals;
�	�������������(4)��registers and endorses:
�	�������������������(A)��certain individuals connected with a license
�	holder; and
�	�������������������(B)��certain individuals employed in a field
�	connected to private investigation or private security; and
�	�������������(5)��regulates license holders, security officers,
�	[and] registrants, and endorsement holders under this chapter.
�	�������(b)��The board shall adopt rules necessary to comply with
�	Chapter 53 [does not apply to this chapter or to any licensing,
�	regulatory, or disciplinary determinations made under this
�	chapter]. In its rules under this section, the board shall list the
�	specific offenses for each category of regulated persons for which
�	a conviction would constitute grounds for the board to take action
�	under Section 53.021.
�	�������SECTION�4.03.��The heading to Subchapter B, Chapter 1702,
�	Occupations Code, is amended to read as follows:
�	SUBCHAPTER B. TEXAS [COMMISSION ON] PRIVATE SECURITY BOARD
�	�������SECTION�4.04.��Section 1702.021, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.021.��BOARD [COMMISSION] MEMBERSHIP. (a) The
�	Texas Private Security Board consists of seven members appointed by
�	the governor with the advice and consent of the senate as follows:
�	�������������(1)��four public members, each of whom is a citizen of
�	the United States;
�	�������������(2)��one member who is licensed under this chapter as a
�	private investigator;
�	�������������(3)��one member who is licensed under this chapter as an
�	alarm systems company; and
�	�������������(4)��one member who is licensed under this chapter as
�	the owner or operator of a guard company.
�	�������(b)��Appointments to the board [commission] shall be made
�	without regard to the race, color, disability, sex, religion, age,
�	or national origin of the appointee.
�	�������[(c) � � On presentation by a commission member of the
�	constitutional oath taken by the member, together with the
�	certificate of appointment, the secretary of state shall issue a
�	commission to the member as evidence of the member's authority to
�	act as a commission member.]
�	�������SECTION�4.05.��Section 1702.023, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.023.��ELIGIBILITY OF PUBLIC MEMBERS. The board's
�	[commission's] public members must be representatives of the
�	general public. A person may not be a public member of the board
�	[commission] if the person or the person's spouse:
�	�������������(1)��is registered, commissioned, certified, or
�	licensed by a regulatory agency in the field of private
�	investigations or private security;
�	�������������(2)��is employed by or participates in the management
�	of a business entity or other organization regulated by or
�	receiving money from the board [commission];
�	�������������(3)��owns or controls, directly or indirectly, more
�	than a 10 percent interest in a business entity or other
�	organization regulated by or receiving money from the board
�	[commission]; or
�	�������������(4)��uses or receives a substantial amount of tangible
�	goods, services, or money from the board [commission] other than
�	compensation or reimbursement authorized by law for board
�	[commission] membership, attendance, or expenses.
�	�������SECTION�4.06.��Sections 1702.024(b) and (c), Occupations
�	Code, are amended to read as follows:
�	�������(b)��A person may not be a board [commission] member, and may
�	not be a department [commission] employee whose primary duties
�	include private security regulation and who is employed in a "bona
�	fide executive, administrative, or professional capacity," as that
�	phrase is used for purposes of establishing an exemption to the
�	overtime provisions of the federal Fair Labor Standards Act of 1938
�	(29 U.S.C. Section 201 et seq.), and its subsequent amendments, if:
�	�������������(1)��the person is an officer, employee, or paid
�	consultant of a Texas trade association in the field of private
�	investigation or private security; or
�	�������������(2)��the person's spouse is an officer, manager, or paid
�	consultant of a Texas trade association in the field of private
�	investigation or private security.
�	�������(c)��A person may not be a board [commission] member or act as
�	general counsel to the board [commission] or agency if the person is
�	required to register as a lobbyist under Chapter 305, Government
�	Code, because of the person's activities for compensation on behalf
�	of a profession related to the operation of the agency.
�	�������SECTION�4.07.��Section 1702.027, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.027.��GROUNDS FOR REMOVAL. (a) It is a ground for
�	removal from the board [commission] that a member:
�	�������������(1)��does not have the qualifications required by
�	Section 1702.021 at the time of taking office;
�	�������������(2)��does not maintain the qualifications required by
�	Section 1702.021 during service on the board [commission];
�	�������������(3)��is ineligible for membership under Section
�	1702.023 or 1702.024;
�	�������������(4)��cannot, because of illness or disability,
�	discharge the member's duties for a substantial part of the member's
�	term; or
�	�������������(5)��is absent from more than half of the regularly
�	scheduled board [commission] meetings that the member is eligible
�	to attend during a calendar year without an excuse approved by a
�	majority vote of the board [commission].
�	�������(b)��The validity of an action of the board [commission] is
�	not affected by the fact that it is taken when a ground for removal
�	of a board [commission] member exists.
�	�������(c)��If the chief administrator [director] has knowledge
�	that a potential ground for removal exists, the chief administrator
�	[director] shall notify the presiding officer of the board
�	[commission] of the potential ground. The presiding officer shall
�	then notify the governor and the attorney general that a potential
�	ground for removal exists. If the potential ground for removal
�	involves the presiding officer, the chief administrator [director]
�	shall notify the next highest ranking officer of the board
�	[commission], who shall then notify the governor and the attorney
�	general that a potential ground for removal exists.
�	�������SECTION�4.08.��Section 1702.028, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.028.��PER DIEM; REIMBURSEMENT. (a) A board
�	[commission] member is entitled to a per diem as set by legislative
�	appropriation for each day the member engages in the business of the
�	board [commission].
�	�������(b)��A member is entitled to reimbursement for travel
�	[transportation] expenses incurred while conducting board
�	business, including expenses for transportation, meals, and
�	lodging, as prescribed by the General Appropriations Act. [A
�	member may not receive compensation for travel expenses, including
�	expenses for meals and lodging, other than transportation
�	expenses.]
�	�������SECTION�4.09.��Section 1702.029, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.029.��MEETINGS. The board [commission] shall meet
�	at regular intervals to be decided by the board [commission].
�	�������SECTION�4.10.��Section 1702.030, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.030.��TRAINING. (a) A person who is appointed to
�	and qualifies for office as a board [commission] member may not
�	vote, deliberate, or be counted as a member in attendance at a board
�	[commission] meeting until the person completes a training program
�	that complies with this section.
�	�������(b)��The training program must provide the person with
�	information regarding:
�	�������������(1)��this chapter;
�	�������������(2)��the programs operated by the board [commission];
�	�������������(3)��the role and functions of the board [commission];
�	�������������(4)��the rules of the board [commission], with an
�	emphasis on the rules that relate to disciplinary and investigatory
�	authority;
�	�������������(5)��the current budget for the board [commission];
�	�������������(6)��the results of the most recent formal audit of the
�	board [commission];
�	�������������(7)��the requirements of:
�	�������������������(A)��the open meetings law, Chapter 551,
�	Government Code;
�	�������������������(B)��the public information law, Chapter 552,
�	Government Code;
�	�������������������(C)��the administrative procedure law, Chapter
�	2001, Government Code; and
�	�������������������(D)��other laws relating to public officials,
�	including conflict of interest laws; and
�	�������������(8)��any applicable ethics policies adopted by the
�	board [commission] or the Texas Ethics Commission.
�	�������(c)��A person appointed to the board [commission] is entitled
�	to reimbursement, as provided by the General Appropriations Act,
�	for the travel expenses incurred in attending the training program
�	regardless of whether the attendance at the program occurs before
�	or after the person qualifies for office.
�	�������SECTION�4.11.��The heading to Subchapter C, Chapter 1702,
�	Occupations Code, is amended to read as follows:
�	SUBCHAPTER C. CHIEF ADMINISTRATOR [DIRECTOR] AND PERSONNEL
�	�������SECTION�4.12.��Section 1702.041, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.041.��CHIEF ADMINISTRATOR [DIRECTOR]. (a) The
�	[director is the] chief administrator is responsible for the
�	administration of this chapter under the direction of the board
�	[commission]. The chief administrator [director] shall perform
�	duties as prescribed by the board and the department [commission].
�	�������(b)��The chief administrator [director] is a full-time
�	employee of the department [commission]. A board [commission]
�	member may not serve as chief administrator [director].
�	�������SECTION�4.13.��Section 1702.042, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.042.��PERSONNEL; CONFLICT OF INTEREST. An
�	employee of the department whose primary duties include private
�	security regulation [commission] may not:
�	�������������(1)��have a financial or business interest, contingent
�	or otherwise, in a security services contractor or investigations
�	company; or
�	�������������(2)��be licensed under this chapter.
�	�������SECTION�4.14.��Section 1702.043, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.043.��DIVISION OF RESPONSIBILITIES. The board
�	[commission] shall develop and implement policies that clearly
�	separate the policy-making responsibilities of the board
�	[commission] and the management responsibilities of the chief
�	administrator [director] and staff of the department [commission].
�	�������SECTION�4.15.��Section 1702.044, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.044.��QUALIFICATIONS AND STANDARDS OF CONDUCT
�	INFORMATION. The chief administrator [director] or the chief
�	administrator's [director's] designee shall provide to board
�	[commission] members and to agency employees, as often as
�	necessary, information regarding the requirements for office or
�	employment under this chapter, including information regarding a
�	person's responsibilities under applicable laws relating to
�	standards of conduct for state officers or employees.
�	�������SECTION�4.16.��The heading to Subchapter D, Chapter 1702,
�	Occupations Code, is amended to read as follows:
�	SUBCHAPTER D. POWERS AND DUTIES OF BOARD [COMMISSION]
�	�������SECTION�4.17.��Section 1702.061, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.061.��GENERAL POWERS AND DUTIES OF BOARD
�	[COMMISSION]. (a) The board [Texas Commission on Private
�	Security] shall perform the functions and duties provided by this
�	chapter.
�	�������(b)��The board [commission] shall adopt rules and general
�	policies to guide the agency in the administration of this chapter.
�	�������(c)��The rules and policies adopted by the board [commission]
�	under Subsection (b) must be consistent with this chapter and other
�	board [commission] rules adopted under this chapter and with any
�	other applicable law, state rule, or federal regulation.
�	�������(d)��The board [commission] has the powers and duties to:
�	�������������(1)��determine the qualifications of license holders,
�	registrants, endorsement holders, and commissioned security
�	officers;
�	�������������(2)��investigate alleged violations of this chapter and
�	of board [commission] rules;
�	�������������(3)��adopt rules necessary to implement this chapter;
�	and
�	�������������(4)��establish and enforce standards governing the
�	safety and conduct of each person licensed, registered, or
�	commissioned under this chapter.
�	�������(e)��The board [commission] shall have a seal in the form
�	prescribed by the board [commission].
�	�������[(f) � � The commission may commission investigators who are
�	employed full-time by the commission as peace officers for the
�	limited purpose of assisting the commission in investigating
�	alleged violations of this chapter and of commission rules.]
�	�������SECTION�4.18.��Subchapter D, Chapter 1702, Occupations Code,
�	is amended by adding Section 1702.0612 to read as follows:
�	�������Sec.�1702.0612.��NEGOTIATED RULEMAKING AND ALTERNATIVE
�	DISPUTE RESOLUTION. (a) The board shall develop and implement a
�	policy to encourage the use of:
�	�������������(1)��negotiated rulemaking procedures under Chapter
�	2008, Government Code, for the adoption of board rules; and
�	�������������(2)��appropriate alternative dispute resolution
�	procedures under Chapter 2009, Government Code, to assist in the
�	resolution of internal and external disputes under the board's
�	jurisdiction.
�	�������(b)��The board's procedures relating to alternative dispute
�	resolution must conform, to the extent possible, to any model
�	guidelines issued by the State Office of Administrative Hearings
�	for the use of alternative dispute resolution by state agencies.
�	�������(c)��The board shall designate a trained person to:
�	�������������(1)��coordinate the implementation of the policy
�	adopted under Subsection (a);
�	�������������(2)��serve as a resource for any training needed to
�	implement the procedures for negotiated rulemaking or alternative
�	dispute resolution; and
�	�������������(3)��collect data concerning the effectiveness of those
�	procedures, as implemented by the board.
�	�������SECTION�4.19.��Section 1702.062, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.062.��FEES. (a) The board [commission] by rule
�	shall establish reasonable and necessary fees that produce
�	sufficient revenue to administer this chapter. The fees may not
�	produce unnecessary fund balances. [and may not exceed the
�	following amounts:
�	�������[Class A license$350 (original and renewal)
�	�������[Class B license$400 (original and renewal)
�	�������[Class C license$540 (original and renewal)
�	�������[Class D license$400 (original and renewal)
�	�������[Reinstate suspended license$150
�	�������[Assignment of license$150
�	�������[Change name of license$ 75
�	�������[Delinquency fee__
�	�������[Branch office certificate and renewal$300
�	�������[Registration fee for private investigator, manager, branch
�	office manager, locksmith, electronic access control device
�	installer, and alarm systems installer $ 30 (original and renewal)
�	�������[Registration fee for noncommissioned security officer$ 30
�	(original and renewal)
�	�������[Registration fee for security salesperson$ 30
�	�������[Registration fee for alarm systems monitor$ 30
�	�������[Registration fee for dog trainer$ 30
�	�������[Registration fee for owner, officer, partner, or
�	shareholder of a license holder $ 50
�	�������[Registration fee for security consultant$300
�	�������[Registration fee for employee of license holder$ 30
�	�������[Security officer commission fee$ 50
�	(original and renewal)
�	�������[School instructor fee$100
�	(original and renewal)
�	�������[School approval fee$350
�	(original and renewal)
�	�������[Letter of authority fee for private business and political
�	subdivision $400
�	�������[Letter of authority renewal fee for private business and
�	political subdivision $225
�	�������[Letter of authority fee for commissioned officer,
�	noncommissioned officer, or personal protection officer for
�	political subdivision $ 10
�	�������[FBI fingerprint check$ 25
�	�������[Duplicate pocket card$ 10
�	�������[Employee information update fee$ 15
�	�������[Burglar alarm sellers renewal fee$ 30
�	�������[Personal protection officer authorization$ 50]
�	�������(b)��The board [In addition to other fees established under
�	this chapter, the commission] may charge a fee each time the board
�	[commission] requires a person regulated under this chapter to
�	resubmit a set of fingerprints for processing by the board
�	[commission] during the application process for a license,
�	registration, endorsement, or commission. The board [commission]
�	shall set the fee in an amount that is reasonable and necessary to
�	cover the [commission's] administrative expenses related to
�	processing the fingerprints.
�	�������(c)��A person whose pocket card has not expired is not
�	eligible to receive from the board [commission] another pocket card
�	in the same classification in which the pocket card is held.
�	�������SECTION�4.20.��The heading to Section 1702.063, Occupations
�	Code, is amended to read as follows:
�	�������Sec.�1702.063.��BOARD [COMMISSION] USE OF FINES.
�	�������SECTION�4.21.��Section 1702.0635, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.0635.��RESTRICTIONS ON CERTAIN RULES. The board
�	[commission] may not adopt rules or establish unduly restrictive
�	experience or education requirements that limit a person's ability
�	to be licensed as an electronic access control device company or be
�	registered as an electronic access control device installer.
�	�������SECTION�4.22.��Section 1702.064, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.064.��RULES RESTRICTING ADVERTISING OR
�	COMPETITIVE BIDDING. (a) The board [commission] may not adopt
�	rules restricting advertising or competitive bidding by a person
�	regulated by the board [commission] except to prohibit false,
�	misleading, or deceptive practices by the person.
�	�������(b)��The board [commission] may not include in its rules to
�	prohibit false, misleading, or deceptive practices by a person
�	regulated by the board [commission] a rule that:
�	�������������(1)��restricts the person's use of any medium for
�	advertising;
�	�������������(2)��restricts the person's personal appearance or use
�	of the person's personal voice in an advertisement;
�	�������������(3)��relates to the size or duration of an
�	advertisement by the person; or
�	�������������(4)��restricts the person's advertisement under a trade
�	name.
�	�������SECTION�4.23.��Section 1702.0645, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.0645.��PAYMENT OF FEES AND FINES. (a) The board
�	[commission] may adopt rules regarding the method of payment of a
�	fee or a fine assessed under this chapter.
�	�������(b)��Rules adopted under this section may:
�	�������������(1)��authorize the use of electronic funds transfer or
�	a valid credit card issued by a financial institution chartered by a
�	state or the federal government or by a nationally recognized
�	credit organization approved by the board [commission]; and
�	�������������(2)��require the payment of a discount or a reasonable
�	service charge for a credit card payment in addition to the fee or
�	the fine.
�	�������SECTION�4.24.��Section 1702.066, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.066.��SERVICE OF PROCESS; SERVICE OF DOCUMENTS ON
�	BOARD [COMMISSION]. Legal process and documents required by law to
�	be served on or filed with the board [commission] must be served on
�	or filed with the chief administrator [director] at the designated
�	office of the board [commission].
�	�������SECTION�4.25.��Section 1702.067, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.067.��BOARD [COMMISSION] RECORDS; EVIDENCE. An
�	official record of the board [commission] or an affidavit by the
�	chief administrator [director] as to the content of the record is
�	prima facie evidence of a matter required to be kept by the board
�	[commission].
�	�������SECTION�4.26.��Section 1702.068, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.068.��APPEAL BOND NOT REQUIRED. The board
�	[commission] is not required to give an appeal bond in any cause
�	arising under this chapter.
�	�������SECTION�4.27.��Section 1702.081, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.081.��PUBLIC INTEREST INFORMATION. (a) The board
�	[commission] shall prepare information of interest to consumers or
�	recipients of services regulated under this chapter describing the
�	board's [commission's] regulatory functions and the procedures by
�	which complaints are filed with and resolved by the board
�	[commission].
�	�������(b)��The board [commission] shall make the information
�	available to the public and appropriate state agencies.
�	�������SECTION�4.28.��Sections 1702.082(a), (b), (c), and (d),
�	Occupations Code, are amended to read as follows:
�	�������(a)��The board [commission by rule shall establish methods by
�	which consumers and service recipients are notified of the name,
�	mailing address, and telephone number of the commission for the
�	purpose of directing complaints to the commission. The commission
�	may provide for that notice:
�	�������������[(1) � � on each registration form, application, or
�	written contract for services of a person regulated under this
�	chapter;
�	�������������[(2) � � on a sign prominently displayed in the place of
�	business of each person regulated under this chapter; or
�	�������������[(3) � � in a bill for services provided by a person
�	regulated under this chapter.
�	�������[(b)��The commission] shall maintain a system to promptly and
�	efficiently act on complaints [file on each written complaint]
�	filed with the board [commission]. The board shall maintain
�	information about parties to the complaint, [file must include:
�	�������������[(1)��the name of the person who filed the complaint;
�	�������������[(2) � � the date the complaint is received by the
�	commission;
�	�������������[(3)]��the subject matter of the complaint, [;
�	�������������[(4) � � the name of each person contacted in relation to
�	the complaint;
�	�������������[(5)]��a summary of the results of the review or
�	investigation of the complaint, [;] and its disposition
�	�������������[(6) � � an explanation of the reason the file was closed,
�	if the agency closed the file without taking action other than to
�	investigate the complaint].
�	�������(b)�[(c)]��The board [commission] shall make information
�	available describing its [provide to the person filing the
�	complaint a copy of the commission's policies and] procedures for
�	[relating to] complaint investigation and resolution.
�	�������(c)��The board shall periodically notify the complaint
�	parties of the status of the complaint until final disposition.
�	[(d) � � Unless it would jeopardize an undercover investigation, the
�	commission shall provide to each person who is a subject of the
�	complaint a copy of the commission's policies and procedures
�	relating to complaint investigation and resolution.]
�	�������SECTION�4.29.��Section 1702.083, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.083.��PUBLIC PARTICIPATION. The board
�	[commission] shall develop and implement policies that provide the
�	public with a reasonable opportunity to appear before the board
�	[commission] and to speak on any issue under the board's
�	[commission's] jurisdiction.
�	�������SECTION�4.30.��Section 1702.084, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.084.��PUBLIC ACCESS TO CERTAIN RECORDS OF
�	DISCIPLINARY ACTIONS. (a) The board [commission] shall make
�	available to the public through a toll-free telephone number,
�	Internet website, or other easily accessible medium determined by
�	the board [commission] the following information relating to a
�	disciplinary action taken during the preceding three years
�	regarding a person regulated by the board [commission]:
�	�������������(1)��the identity of the person;
�	�������������(2)��the nature of the complaint that was the basis of
�	the disciplinary action taken against the person; and
�	�������������(3)��the disciplinary action taken by the board
�	[commission].
�	�������(b)��In providing the information, the board [commission]
�	shall present the information in an impartial manner, use language
�	that is commonly understood, and, if possible, avoid jargon
�	specific to the security industry.
�	�������(c)��The board [commission] shall update the information on a
�	monthly basis.
�	�������(d)��The board [commission] shall maintain the
�	confidentiality of information regarding the identification of a
�	complainant.
�	�������SECTION�4.31.��Section 1702.103, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.103.��CLASSIFICATION AND LIMITATION OF LICENSES.
�	(a) The license classifications are:
�	�������������(1)��Class A: investigations company license, covering
�	operations of an investigations company;
�	�������������(2)��Class B: security services contractor license,
�	covering operations of a security services contractor;
�	�������������(3)��Class C: covering the operations included within
�	Class A and Class B; [and]
�	�������������(4)��Class F: level III training school license;
�	�������������(5)��Class O: alarm level I training school license;
�	�������������(6)��Class P: private business letter of authority
�	license;
�	�������������(7)��Class X: government letter of authority license;
�	and
�	�������������(8)��Class T: telematics license [Class D: electronic
�	access control device license, covering operations of an electronic
�	access control device company].
�	�������(b)��A [Class A, B, C, or D] license described by this chapter
�	does not authorize the license holder to perform a service for which
�	the license holder has not qualified. A person may not engage in an
�	operation outside the scope of that person's license. The board
�	[commission] shall indicate on the license the services the license
�	holder is authorized to perform. The license holder may not perform
�	a service unless it is indicated on the license.
�	�������(c)��A license is not assignable unless the assignment is
�	approved in advance by the board [commission].
�	�������(d)��The board [commission] shall prescribe by rule the
�	procedure under which a license may be terminated.
�	�������(e)��The board by rule may establish other license
�	classifications for activities expressly regulated by this chapter
�	and may establish qualifications and practice requirements
�	consistent with this chapter for those license classifications.
�	�������SECTION�4.32.��Section 1702.104, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.104.��INVESTIGATIONS COMPANY. �(a) �A person acts
�	as an investigations company for the purposes of this chapter if the
�	person:
�	�������������(1)��engages in the business of obtaining or
�	furnishing, or accepts employment to obtain or furnish, information
�	related to:
�	�������������������(A)��crime or wrongs done or threatened against a
�	person, state, or the United States;
�	�������������������(B)��the identity, habits, business, occupation,
�	knowledge, efficiency, loyalty, movement, location, affiliations,
�	associations, transactions, acts, reputation, or character of a
�	person;
�	�������������������(C)��the location, disposition, or recovery of
�	lost or stolen property; or
�	�������������������(D)��the cause or responsibility for a fire,
�	libel, loss, accident, damage, or injury to a person or to property;
�	�������������(2)��engages in the business of securing, or accepts
�	employment to secure, evidence for use before a court, board,
�	officer, or investigating committee;
�	�������������(3)��engages in the business of securing, or accepts
�	employment to secure, the electronic tracking of the location of an
�	individual or motor vehicle other than for criminal justice
�	purposes by or on behalf of a governmental entity; or
�	�������������(4)��engages in the business of protecting, or accepts
�	employment to protect, an individual from bodily harm through the
�	use of a personal protection officer.
�	�������(b)��For purposes of Subsection (a)(1), obtaining or
�	furnishing information includes information obtained or furnished
�	through the review and analysis of, and the investigation into the
�	content of, computer-based data not available to the public. �The
�	repair or maintenance of a computer does not constitute an
�	investigation for purposes of this section and does not require
�	licensing under this chapter if:
�	�������������(1)��the review or analysis of computer-based data is
�	performed only to diagnose a computer or software problem;
�	�������������(2)��there is no intent to obtain or furnish
�	information described by Subsection (a)(1); and
�	�������������(3)��the discovery of any information described by
�	Subsection (a)(1) is inadvertent.
�	�������SECTION�4.33.��Section 1702.111, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.111.��ISSUANCE OF BRANCH OFFICE LICENSE. (a) A
�	license holder, in accordance with Section 1702.129, shall notify
�	the board [commission] in writing of the establishment of a branch
�	office and file in writing with the board [commission] the address
�	of the branch office.
�	�������(b)��On application by a license holder, the board
�	[commission] shall issue a branch office license.
�	�������SECTION�4.34.��Sections 1702.113(a) and (c), Occupations
�	Code, are amended to read as follows:
�	�������(a)��An applicant for a license, certificate of
�	registration, endorsement, or security officer commission or the
�	applicant's manager must be at least 18 years of age and must not:
�	�������������(1)��[have been convicted in any jurisdiction of two or
�	more felony offenses, unless full pardons have been granted for all
�	convictions for reasons relating to wrongful convictions;
�	�������������[(2) � � have been convicted in any jurisdiction of any of
�	the following:
�	�������������������[(A) � � a single felony or equivalent offense for
�	which the 20th anniversary of the date of conviction has not
�	occurred before the date of application, unless a full pardon has
�	been granted for reasons relating to a wrongful conviction; or
�	�������������������[(B) � � a Class A misdemeanor or equivalent offense
�	for which the 10th anniversary of the date of conviction has not
�	occurred before the date of application, unless a full pardon has
�	been granted for reasons relating to a wrongful conviction;
�	�������������[(3)]��at the time of application be charged with the
�	commission of a Class A misdemeanor or felony offense, under an
�	information or indictment;
�	�������������[(4) � � in the 10 years preceding the date of
�	application, have been adjudicated as having engaged in delinquent
�	conduct violating a penal law of the grade of felony;]
�	�������������(2)�[(5)]��have been found by a court to be incompetent
�	by reason of a mental defect or disease and not have been restored
�	to competency;
�	�������������(3)�[(6)]��have been dishonorably discharged from the
�	United States armed services, discharged from the United States
�	armed services under other conditions determined by the board to be
�	prohibitive, or dismissed from the United States armed services if
�	a commissioned officer in the United States armed services; or
�	�������������(4)�[(7)]��be required to register in this or any other
�	state as a sex offender, unless the applicant is approved by the
�	board under Section 1702.3615.
�	�������(c)��For purposes of this section, an offense under the laws
�	of this state, another state, or the United States is considered[:
�	�������������[(1)��a felony if the offense:
�	�������������������[(A) � � at the time of conviction was designated by
�	a law of this state as a felony, including a state jail felony;
�	�������������������[(B) � � contains all the elements of an offense
�	designated by a law of this state as a felony, including a state
�	jail felony; or
�	�������������������[(C) � � is punishable by confinement for one year or
�	more in a penitentiary;
�	�������������[(2) � � a Class A misdemeanor if the offense is not a
�	felony and the offense:
�	�������������������[(A) � � at the time of conviction was designated by
�	a law of this state as a Class A misdemeanor;
�	�������������������[(B) � � contains all the elements of an offense
�	designated by a law of this state as a Class A misdemeanor; or
�	�������������������[(C) � � provides as a possible punishment
�	confinement in a jail other than a state jail felony facility; or
�	�������������[(3)]��a Class B misdemeanor if the offense is not a
�	felony or Class A misdemeanor and the offense:
�	�������������(1)�[(A)]��at the time of conviction was designated by
�	a law of this state as a Class B misdemeanor;
�	�������������(2)�[(B)]��contains all the elements of an offense
�	designated by a law of this state as a Class B misdemeanor; or
�	�������������(3)�[(C)]��provides as a possible punishment
�	confinement in a jail other than a state jail felony facility.
�	�������SECTION�4.35.��Section 1702.114, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.114.��ADDITIONAL QUALIFICATIONS FOR
�	INVESTIGATIONS COMPANY LICENSE. (a) An applicant for a license to
�	engage in the business of an investigations company or the
�	applicant's manager must have, before the date of the application,
�	three consecutive years' experience in the investigative field as
�	an employee, manager, or owner of an investigations company or
�	satisfy other requirements set by the board [commission].
�	�������(b)��The applicant's experience must be:
�	�������������(1)��reviewed by the board [commission] or the chief
�	administrator [director]; and
�	�������������(2)��determined to be adequate to qualify the applicant
�	to engage in the business of an investigations company.
�	�������SECTION�4.36.��Section 1702.115, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.115.��ADDITIONAL QUALIFICATIONS FOR SECURITY
�	SERVICES CONTRACTOR LICENSE. (a) An applicant for a license to
�	engage in the business of a security services contractor or the
�	applicant's manager must have, before the date of the application,
�	two consecutive years' experience in each security services field
�	for which the person applies as an employee, manager, or owner of a
�	security services contractor or satisfy other requirements set by
�	the board [commission].
�	�������(b)��The applicant's experience must have been obtained
�	legally and must be:
�	�������������(1)��reviewed by the board [commission] or the chief
�	administrator [director]; and
�	�������������(2)��determined to be adequate to qualify the applicant
�	to engage in the business of a security services contractor.
�	�������SECTION�4.37.��Section 1702.116, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.116.��QUALIFICATIONS FOR GUARD DOG COMPANY
�	LICENSE; INSPECTIONS. (a) An applicant for a license to engage in
�	the business of a guard dog company must:
�	�������������(1)��meet the requirements of Sections 1702.113 and
�	1702.115; and
�	�������������(2)��present evidence satisfactory to the board
�	[commission] that the applicant will comply with the rules adopted
�	under this section.
�	�������(b)��After consulting the [Texas] Department of State Health
�	Services, the board [commission] shall adopt rules to ensure that
�	the areas in which a guard dog company houses, exercises, or trains
�	its animals are securely enclosed by a six-foot chain-link fence or
�	made equally secure.
�	�������(c)��The board [commission] shall conduct regular
�	inspections to ensure compliance with the rules adopted under this
�	section.
�	�������SECTION�4.38.��Sections 1702.117(a), (c), and (d),
�	Occupations Code, are amended to read as follows:
�	�������(a)��The board�[commission] shall require an applicant for a
�	license under this chapter�or the applicant's manager to
�	demonstrate qualifications in the person's license classification,
�	including knowledge of applicable state laws and board�[commission]
�	rules, by taking an examination to be determined by the board�
�	[commission].
�	�������(c)��The board�[commission] shall set the reexamination fee
�	in an amount not to exceed the amount of the renewal fee for the
�	license classification for which application was made.
�	�������(d)��The board�[commission] shall develop and provide to a
�	person who applies to take the examination under Subsection (a)
�	material containing all applicable state laws and board�
�	[commission] rules.
�	�������SECTION�4.39.��Section 1702.118, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.118.��EXAMINATION RESULTS. (a) Not later than the
�	30th day after the date a person takes a licensing examination under
�	this chapter, the board [commission] shall notify the person of the
�	examination results.
�	�������(b)��If an examination is graded or reviewed by a testing
�	service:
�	�������������(1)��the board [commission] shall notify the person of
�	the examination results not later than the 14th day after the date
�	the board [commission] receives the results from the testing
�	service; and
�	�������������(2)��if notice of the examination results will be
�	delayed for longer than 90 days after the examination date, the
�	board [commission] shall notify the person of the reason for the
�	delay before the 90th day.
�	�������(c)��The board [commission] may require a testing service to
�	notify a person of the results of the person's examination.
�	�������(d)��If requested in writing by a person who fails a
�	licensing examination administered under this chapter, the board
�	[commission] shall furnish the person with an analysis of the
�	person's performance on the examination.
�	�������SECTION�4.40.��Section 1702.1183, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.1183.��RECIPROCAL LICENSE FOR CERTAIN FOREIGN
�	APPLICANTS. (a) The board [commission] may waive any prerequisite
�	to obtaining a license for an applicant who holds a license issued
�	by another jurisdiction with which this state has a reciprocity
�	agreement.
�	�������(b)��The board [commission] may make an agreement, subject to
�	the approval of the governor, with another state to allow for
�	licensing by reciprocity.
�	�������SECTION�4.41.��Section 1702.1186, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.1186.��PROVISIONAL LICENSE. (a) The board
�	[commission] may issue a provisional license to an applicant
�	currently licensed in another jurisdiction who seeks an equivalent
�	license in this state and who:
�	�������������(1)��has been licensed in good standing as an
�	investigations company or security services contractor for at least
�	two years in another jurisdiction, including a foreign country,
�	that has licensing requirements substantially equivalent to the
�	requirements of this chapter;
�	�������������(2)��has passed a national or other examination
�	recognized by the board [commission] relating to the practice of
�	private investigations or security services contracting; and
�	�������������(3)��is sponsored by a person licensed by the board
�	[commission] under this chapter with whom the provisional license
�	holder will practice during the time the person holds a provisional
�	license.
�	�������(b)��A provisional license is valid until the date the board
�	[commission] approves or denies the provisional license holder's
�	application for a license. The board [commission] shall issue a
�	license under this chapter to the provisional license holder if:
�	�������������(1)��the provisional license holder is eligible to be
�	licensed under Section 1702.1183; or
�	�������������(2)��the provisional license holder:
�	�������������������(A)��passes the part of the examination under
�	Section 1702.117(a) that relates to the applicant's knowledge and
�	understanding of the laws and rules relating to the practice of an
�	investigations company or security services contractor in this
�	state;
�	�������������������(B)��is verified by the board [commission] as
�	meeting the academic and experience requirements for a license
�	under this chapter; and
�	�������������������(C)��satisfies any other licensing requirements
�	under this chapter.
�	�������(c)��The board [commission] must approve or deny a
�	provisional license holder's application for a license not later
�	than the 180th day after the date the provisional license is issued.
�	The board [commission] may extend the 180-day period if the results
�	of an examination have not been received by the board [commission]
�	before the end of that period.
�	�������(d)��The board [commission] may establish a fee for
�	provisional licenses in an amount reasonable and necessary to cover
�	the cost of issuing the license.
�	�������SECTION�4.42.��Section 1702.120(b), Occupations Code, is
�	amended to read as follows:
�	�������(b)��An individual may not apply to the board [commission] to
�	serve as manager of an investigations company, guard company, alarm
�	systems company, armored car company, courier company, or guard dog
�	company without the intent to maintain that supervisory position on
�	a daily basis for that company.
�	�������SECTION�4.43.��Section 1702.122, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.122.��TEMPORARY CONTINUATION OF LICENSE HOLDER'S
�	BUSINESS. Under the terms provided by board [commission] rule, a
�	license holder's business may continue for a temporary period if
�	the individual on the basis of whose qualifications a license under
�	this chapter has been obtained ceases to be connected with the
�	license holder.
�	�������SECTION�4.44.��Section 1702.123, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.123.��INSURANCE; BOND. (a) A license holder shall
�	maintain on file with the board [commission] at all times the surety
�	bond and certificate of insurance required by this chapter.
�	�������(b)��The board [commission] shall immediately suspend the
�	license of a license holder who violates Subsection (a).
�	�������(c)��The board [commission] may rescind the license
�	suspension if the license holder provides proof to the board
�	[commission] that the bond or the insurance coverage is still in
�	effect. The license holder must provide the proof in a form
�	satisfactory to the board [commission] not later than the 10th day
�	after the date the license is suspended.
�	�������(d)��After suspension of the license, the board [commission]
�	may not reinstate the license until an application, in the form
�	prescribed by the board [commission], is filed accompanied by a
�	proper bond, insurance certificate, or both. The board
�	[commission] may deny the application notwithstanding the
�	applicant's compliance with this section:
�	�������������(1)��for a reason that would justify suspending,
�	revoking, or denying a license; or
�	�������������(2)��if, during the suspension, the applicant performs
�	a practice for which a license is required.
�	�������SECTION�4.45.��Section 1702.125, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.125.��BOND REQUIREMENT. A bond executed and filed
�	with the board [commission] under this chapter remains in effect
�	until the surety terminates future liability by providing to the
�	board [commission] at least 30 days' notice of the intent to
�	terminate liability.
�	�������SECTION�4.46.��Section 1702.129, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.129.��NOTICE OF CERTAIN CHANGES; BRANCH OFFICES.
�	(a) A license holder shall notify the board [commission] not later
�	than the 14th day after the date of:
�	�������������(1)��a change of address for the license holder's
�	principal place of business;
�	�������������(2)��a change of a name under which the license holder
�	does business; or
�	�������������(3)��a change in the license holder's officers or
�	partners.
�	�������(b)��A license holder shall notify the board [commission] in
�	writing not later than the 14th day after the date a branch office:
�	�������������(1)��is established;
�	�������������(2)��is closed; or
�	�������������(3)��changes address or location.
�	�������SECTION�4.47.��Section 1702.131, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.131.��ADVERTISING. An advertisement by a license
�	holder soliciting or advertising business must contain the license
�	holder's company name and address as stated in board [commission]
�	records.
�	�������SECTION�4.48.��Section 1702.161(b), Occupations Code, is
�	amended to read as follows:
�	�������(b)��An individual employed as a security officer may not
�	knowingly carry a firearm during the course of performing duties as
�	a security officer unless the board [commission] has issued a
�	security officer commission to the individual.
�	�������SECTION�4.49.��Section 1702.162, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.162.��EMPLOYER'S APPLICATION FOR SECURITY OFFICER
�	COMMISSION. The employer of a security officer who applies for a
�	security officer commission for the officer must submit an
�	application to the board [commission] on a form provided by the
�	board [commission].
�	�������SECTION�4.50.��Section 1702.165, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.165.��ISSUANCE OF SECURITY OFFICER COMMISSION;
�	POCKET CARD. (a) The board [commission], with the concurrence of
�	the department [Texas Department of Public Safety]:
�	�������������(1)��may issue a security officer commission to an
�	individual employed as a uniformed security officer; and
�	�������������(2)��shall issue a security officer commission to a
�	qualified employee of an armored car company that is a carrier
�	conducting the armored car business under a federal or state permit
�	or certificate.
�	�������(b)��A security officer commission issued under this section
�	must be in the form of a pocket card designed by the board
�	[commission] that identifies the security officer.
�	�������SECTION�4.51.��Section 1702.167, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.167.��TERMINATION OF EMPLOYMENT AS COMMISSIONED
�	SECURITY OFFICER; TRANSFER OF COMMISSION. The holder of a security
�	officer commission who terminates employment with one employer may
�	transfer the individual's commission to a new employer if, not
�	later than the 14th day after the date the individual begins the new
�	employment, the new employer notifies the board [commission] of the
�	transfer of employment on a form prescribed by the board
�	[commission], accompanied by payment of the employee information
�	update fee.
�	�������SECTION�4.52.��Sections 1702.1675(a), (b), (c), (d), (e),
�	(f), and (i), Occupations Code, are amended to read as follows:
�	�������(a)��The board [commission] shall establish a basic training
�	course for commissioned security officers. The course must
�	include, at a minimum:
�	�������������(1)��general security officer training issues;
�	�������������(2)��classroom instruction on handgun proficiency; and
�	�������������(3)��range instruction on handgun proficiency.
�	�������(b)��The course must be offered and taught by schools and
�	instructors approved by the board [commission]. To receive board
�	[commission] approval, a school or an instructor must submit an
�	application to the board [commission] on a form provided by the
�	board [commission].
�	�������(c)��The basic training course approved by the board
�	[commission] must consist of a minimum of 30 hours.
�	�������(d)��The general security officer training portion of the
�	course must include instruction on:
�	�������������(1)��board [commission] rules and applicable state
�	laws;
�	�������������(2)��field note taking and report writing; and
�	�������������(3)��any other topics of security officer training
�	curriculum the board [commission] considers necessary.
�	�������(e)��The board [commission] shall develop a commissioned
�	security officer training manual that contains applicable state
�	laws and board [commission] rules to be used in the instruction and
�	training of commissioned security officers.
�	�������(f)��The board [commission] shall adopt rules necessary to
�	administer the provisions of this section concerning the training
�	requirements of this chapter.
�	�������(i)��The board [commission] by rule shall establish minimum
�	standards for handgun proficiency that are at least as stringent as
�	the standards for handgun proficiency developed by the public
�	safety director under Section 411.188, Government Code.
�	�������SECTION�4.53.��Section 1702.168, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.168.��FIREARM REQUIREMENTS. (a) In addition to
�	the requirements of Section 1702.163(a), the board [commission] by
�	rule shall establish other qualifications for individuals who are
�	employed in positions requiring the carrying of firearms. The
�	qualifications may include:
�	�������������(1)��physical and mental standards;
�	�������������(2)��standards of good moral character; and
�	�������������(3)��other requirements that relate to the competency
�	and reliability of individuals to carry firearms.
�	�������(b)��The board [commission] shall prescribe appropriate
�	forms and adopt rules by which evidence is presented that the
�	requirements are fulfilled.
�	�������SECTION�4.54.��Sections 1702.1685(b) and (d), Occupations
�	Code, are amended to read as follows:
�	�������(b)��Only a board-approved [commission-approved] instructor
�	may administer the handgun proficiency examination.
�	�������(d)��The school shall maintain the records of the required
�	proficiency and make the records available for inspection by the
�	board [commission].
�	�������SECTION�4.55.��Section 1702.171, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.171.��SECURITY OFFICER COMMISSION RECORDS. The
�	board [commission] shall adopt rules for the maintenance of records
�	relating to an individual to whom the board [commission] has issued
�	a security officer commission.
�	�������SECTION�4.56.��Section 1702.183, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.183.��APPLICATION FOR LETTER OF AUTHORITY. A
�	security department of a private business or of a political
�	subdivision that applies for a security officer commission for an
�	individual employed by the security department must submit an
�	application to the board [commission] for a letter of authority on a
�	form provided by the board [commission].
�	�������SECTION�4.57.��The heading to Subchapter I, Chapter 1702,
�	Occupations Code, is amended to read as follows:
�	SUBCHAPTER I. PERSONAL PROTECTION OFFICER ENDORSEMENT
�	[AUTHORIZATION] REQUIREMENTS
�	�������SECTION�4.58.��Section 1702.203, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.203.��APPLICATION FOR PERSONAL PROTECTION OFFICER
�	ENDORSEMENT [AUTHORIZATION]. An applicant for a personal
�	protection officer endorsement [authorization] must submit a
�	written application on a form prescribed by the board [commission].
�	�������SECTION�4.59.��Section 1702.204, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.204.��PERSONAL PROTECTION OFFICER ENDORSEMENT
�	[AUTHORIZATION]; QUALIFICATIONS. (a) An applicant for a personal
�	protection officer endorsement [authorization] must be at least 21
�	years of age and must provide:
�	�������������(1)��a certificate of completion of the basic security
�	officer training course;
�	�������������(2)��proof that the applicant:
�	�������������������(A)��has been issued a security officer
�	commission;
�	�������������������(B)��is employed at the time of application by an
�	investigations company or guard company licensed by the board
�	[commission]; and
�	�������������������(C)��has completed the required training in
�	nonlethal self-defense or defense of a third person; and
�	�������������(3)��proof of completion and the results of the
�	Minnesota Multiphasic Personality Inventory psychological testing.
�	�������(b)��The board [commission] by rule shall require an
�	applicant for a personal protection officer endorsement
�	[authorization] to complete the Minnesota Multiphasic Personality
�	Inventory test. The board [commission] may use the results of the
�	test to evaluate the applicant's psychological fitness.
�	�������SECTION�4.60.��Section 1702.205(a), Occupations Code, is
�	amended to read as follows:
�	�������(a)��The board [commission] shall establish a 15-hour course
�	for a personal protection officer consisting of training in
�	nonlethal self-defense or defense of a third person.
�	�������SECTION�4.61.��Section 1702.221, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.221.��REGISTRATION AND ENDORSEMENT REQUIRED. (a)
�	To perform any activity regulated by this chapter, the individual
�	must:
�	�������������(1)��register in accordance with the requirements of
�	this chapter and related administrative rules;
�	�������������(2)��obtain the proper endorsement under Subsection
�	(b); and
�	�������������(3)��be employed by a company licensed under this
�	chapter.
�	�������(b)��An individual must obtain the appropriate endorsement
�	[register] in accordance with the requirements of this chapter and
�	related administrative rules if the individual:
�	�������������(1)��is employed as:
�	�������������������(A)��an alarm instructor;
�	�������������������(B)��an alarm systems installer;
�	�������������������(C)��an [,] alarm systems monitor;
�	�������������������(D)��an [,] electronic access control device
�	installer;
�	�������������������(E)��a level 3 classroom or firearm instructor;
�	�������������������(F)��a [,] locksmith;
�	�������������������(G)��a [,] dog trainer;
�	�������������������(H)��a [,] manager or branch office manager;
�	�������������������(I)��a [,] noncommissioned security officer;
�	�������������������(J)��a level 4 personal protection instructor;
�	�������������������(K)��a [,] private investigator;
�	�������������������(L)��a [,] private security consultant;
�	�������������������(M)��a [, or] security salesperson; or
�	�������������������(N)��an individual whose duties include
�	performing another activity for which an endorsement is required
�	under Subsection (e); or
�	�������������(2)��is an owner who oversees the security-related
�	aspects of the business, officer, partner, or shareholder of a
�	license holder.
�	�������(c)�[(b)]��Registration and endorsement under this chapter
�	does not preclude an individual from performing additional duties
�	or services authorized by the individual's employer that are not
�	regulated by this chapter. An individual who performs more than one
�	of the services that require an endorsement under this section must
�	obtain an endorsement for each service.
�	�������(d)��In addition to the services listed in Subsection (b), a
�	person holding a security officer commission must also obtain an
�	endorsement for personal protection if the individual performs the
�	services described by Section 1702.202.
�	�������(e)��The board by rule may require a person to hold an
�	endorsement for performing other activity expressly regulated by
�	this chapter.
�	�������SECTION�4.62.��Section 1702.2226(b), Occupations Code, is
�	amended to read as follows:
�	�������(b)��A person registered as an electronic access control
�	device installer may not install alarm systems unless the person
�	holds an endorsement [is registered] under this chapter as an alarm
�	systems installer.
�	�������SECTION�4.63.��The heading to Subchapter J, Chapter 1702,
�	Occupations Code, is amended to read as follows:
�	SUBCHAPTER J. REGISTRATION AND ENDORSEMENT REQUIREMENTS;
�	[REGISTRANT] DUTIES OF REGISTRANT AND ENDORSEMENT HOLDER
�	�������SECTION�4.64.��Section 1702.228, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.228.��EMPLOYEE OF LICENSE HOLDER; REGISTRATION
�	PERMITTED. An employee of a license holder who is employed in a
�	capacity that is not subject to mandatory registration under this
�	subchapter may register with the board [commission].
�	�������SECTION�4.65.��The heading to Section 1702.230, Occupations
�	Code, is amended to read as follows:
�	�������Sec.�1702.230.��APPLICATION FOR REGISTRATION OR
�	ENDORSEMENT.
�	�������SECTION�4.66.��Section 1702.230(a), Occupations Code, is
�	amended to read as follows:
�	�������(a)��An application for registration or endorsement must be
�	verified and include:
�	�������������(1)��the applicant's full name, residence address,
�	residence telephone number, date and place of birth, and social
�	security number;
�	�������������(2)��a statement that:
�	�������������������(A)��lists each name used by the applicant, other
�	than the name by which the applicant is known at the time of
�	application, and an explanation stating each place where each name
�	was used, the date of each use, and a full explanation of the
�	reasons the name was used; or
�	�������������������(B)��states that the applicant has never used a
�	name other than the name by which the applicant is known at the time
�	of application;
�	�������������(3)��the name and address of the applicant's employer
�	and, if applicable, the applicant's consulting firm;
�	�������������(4)��the date the employment commenced;
�	�������������(5)��a letter from the license holder requesting that
�	the applicant be registered or endorsed;
�	�������������(6)��the title of the position occupied by the
�	applicant and a description of the applicant's duties; and
�	�������������(7)��any other information, evidence, statement, or
�	document required by the board [commission].
�	�������SECTION�4.67.��Section 1702.2305, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.2305.��PROVISIONAL REGISTRATION. (a) �The board
�	[commission] may issue a provisional registration to an applicant
�	currently registered in another jurisdiction who seeks an
�	equivalent registration in this state and who:
�	�������������(1)��has been registered in good standing in the field
�	in which the registration is sought for at least two years in
�	another jurisdiction, including a foreign country, that has
�	registration requirements substantially equivalent to the
�	requirements of this chapter;
�	�������������(2)��has passed a national or other examination
�	recognized by the board [commission] relating to practice in the
�	field in which the registration is sought; and
�	�������������(3)��is employed by a person licensed by the board
�	[commission] under this chapter with whom the provisional
�	registration holder will practice during the time the person holds
�	a provisional registration.
�	�������(b)��A provisional registration is valid until the date the
�	board [commission] approves or denies the provisional registration
�	holder's application for a registration. The board [commission]
�	shall issue a registration under this chapter to the provisional
�	registration holder if the provisional registration holder is
�	eligible to be registered under this chapter.
�	�������(c)��The board [commission] must approve or deny a
�	provisional registration holder's application for a registration
�	not later than the 180th day after the date the provisional
�	registration is issued. The board [commission] may extend the
�	180-day period if the results of an examination have not been
�	received by the board [commission] before the end of that period.
�	�������(d)��The board [commission] may establish a fee for
�	provisional registration in an amount reasonable and necessary to
�	cover the cost of issuing the registration.
�	�������SECTION�4.68.��Section 1702.232, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.232.��POCKET CARDS. (a) The board [commission]
�	shall issue a pocket card for each registrant under this chapter. A
�	pocket card for an owner, officer, partner, or shareholder of a
�	license holder shall be issued to the license holder.
�	�������(b)��The board [commission] shall determine the size,
�	design, and content of the pocket card.
�	�������(c)��The pocket card must:
�	�������������(1)��state the name of the registrant;
�	�������������(2)��contain a color photograph, affixed to the pocket
�	card by the board at the time the card is issued, and the signature
�	of the registrant; [and]
�	�������������(3)��state the date the card was issued and the card's
�	expiration date; and
�	�������������(4)��state each endorsement held by the registrant and
�	the date the endorsement expires.
�	�������SECTION�4.69.��Section 1702.234, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.234.��REGISTRATION AND ENDORSEMENT TRANSFER. A
�	registrant may transfer the registrant's registration and
�	endorsements from one employer to another employer if, not later
�	than the 14th day after the date the registrant begins the new
�	employment, the new employer notifies the board [commission] of the
�	transfer of employment on a form prescribed by the board
�	[commission] accompanied by payment of the employee information
�	update fee.
�	�������SECTION�4.70.��Section 1702.235, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.235.��PREEMPLOYMENT CHECK FOR NONCOMMISSIONED
�	SECURITY OFFICERS. A person may not hire a noncommissioned
�	security officer unless the person conducts a preemployment check
�	as required by board [commission] rule.
�	�������SECTION�4.71.��Section 1702.236, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.236.��EXAMINATION AND TRAINING REQUIREMENTS FOR
�	ELECTRONIC ACCESS CONTROL DEVICE INSTALLERS. (a) �The board�
�	[commission] shall require an individual who applies for an
�	endorsement [registration] as an electronic access control device
�	installer to pass an examination given by the board [commission] or
�	a person approved by the board [commission]. The examination must
�	cover material related to access control.
�	�������(b)�[(c)]��On and after September 1, 2005, the board
�	[commission] by rule may allow an electronic access control device
�	installer to obtain or renew an endorsement [a certificate of
�	registration] by fulfilling the requirements of a board-approved
�	[commission-approved], industry-based educational training
�	program.
�	�������SECTION�4.72.��Sections 1702.239(a), (b), and (d),
�	Occupations Code, are amended to read as follows:
�	�������(a)��The board [commission] may require that an individual
�	employed as an alarm systems installer or security salesperson hold
�	a certification by a board-approved [commission-approved] training
�	program to renew an endorsement [an initial registration]. The
�	board [commission] may approve only nationally recognized training
�	programs that consist of at least 16 hours of classroom study in the
�	areas of work allowed by the endorsement [registration]. To be
�	approved, a training program must offer at least two certification
�	programs each year, sufficient to complete the requirements of this
�	subsection, within 100 miles of each county in the state that has a
�	population of more than 500,000.
�	�������(b)��The board [commission] may require an individual who has
�	completed a training program under Subsection (a) to pass an
�	examination given by the board [commission] or by a person approved
�	by the board [commission]. The board [commission] may approve
�	examinations in conjunction with training programs approved under
�	Subsection (a). The individual's performance on the examination
�	must demonstrate the individual's qualifications to perform the
�	duties allowed by the individual's endorsement [registration].
�	�������(d)��If the board [commission] requires certification or
�	examination under this section, the board [commission] shall
�	implement rules to require that to renew an endorsement [a
�	registration], an individual who is employed as an alarm systems
�	installer or a security salesperson and who has already once
�	renewed the endorsement [registration] must obtain continuing
�	education credits related to the line of work for which the
�	individual is licensed. If the board [commission] requires the
�	continuing education, the chief administrator [director] must
�	approve classes offered by nationally recognized organizations,
�	and participants in the classes must qualify according to board
�	[commission] rules.
�	�������SECTION�4.73.��Section 1702.240(b), Occupations Code, is
�	amended to read as follows:
�	�������(b)��An employee of a license holder who is employed
�	exclusively as an undercover agent is not required to register with
�	the board [commission].
�	�������SECTION�4.74.��Subchapter J, Chapter 1702, Occupations Code,
�	is amended by adding Section 1702.241 to read as follows:
�	�������Sec.�1702.241.��JURISPRUDENCE EXAMINATION. (a) The board
�	may develop and administer at least twice each calendar year a
�	jurisprudence examination to determine the knowledge that an
�	applicant for an endorsement has of this chapter, board rules, and
�	any other applicable laws of this state affecting the applicant's
�	activities regulated under this chapter.
�	�������(b)��Before the board may administer a jurisprudence
�	examination under this section, the board shall adopt rules to
�	implement this section, including rules related to the development
�	and administration of the examination, examination fees,
�	guidelines for reexamination, grading the examination, and
�	providing notice of examination results. The board may design
�	different examinations for different types of endorsements.
�	�������SECTION�4.75.��Sections 1702.282(c) and (e), Occupations
�	Code, are amended to read as follows:
�	�������(c)��A license, registration, security officer commission,
�	letter of approval, permit, endorsement, or certification issued by
�	the board is conditional on the board's receipt of criminal history
�	record information.
�	�������(e)��On receipt of notice that a check of the applicant's
�	criminal record has uncovered an unresolved and potentially
�	disqualifying arrest that occurred before the 10th anniversary of
�	the date the application is filed, the applicant must provide a
�	letter of reference from the county sheriff, prosecuting attorney,
�	or judge of the county in which the applicant was arrested stating
�	that a record of a disposition related to the arrest does not exist,
�	and to the best of the county sheriff's, prosecuting attorney's, or
�	judge's knowledge the applicant is free of any disqualifying
�	convictions. If the applicant fails to provide either the letter of
�	reference or documentary proof of the final disposition of the
�	arrest, the application is considered incomplete and the applicant
�	may not be issued a license, commission, endorsement, or
�	certificate of registration under this chapter.
�	�������SECTION�4.76.��Section 1702.283, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.283.��CRUELTY TO ANIMALS.��A person who has been
�	convicted of cruelty to animals under Section 42.09 or 42.092,
�	Penal Code:
�	�������������(1)��is ineligible for a license as a guard dog company
�	or for endorsement [registration] as a dog trainer; and
�	�������������(2)��may not be employed to work with dogs as a security
�	officer by a security services contractor or security department of
�	a private business that uses dogs to protect individuals or
�	property or to conduct investigations.
�	�������SECTION�4.77.��Section 1702.285, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.285.��FALSE REPRESENTATION. A person may not
�	represent falsely that the person:
�	�������������(1)��is employed by a license holder; or
�	�������������(2)��is licensed, registered, endorsed, or
�	commissioned under this chapter.
�	�������SECTION�4.78.��Sections 1702.301(c), (d), (e), (f), (g), and
�	(h), Occupations Code, are amended to read as follows:
�	�������(c)��A personal protection officer endorsement
�	[authorization] expires on the expiration date of the security
�	officer commission under which the individual's endorsement
�	[authorization] is issued.
�	�������(d)��Endorsement [Registration] as a private investigator,
�	manager, branch office manager, alarm systems installer, security
�	consultant, security salesperson, alarm systems monitor, or dog
�	trainer expires on the second anniversary of the date of
�	endorsement [registration].
�	�������(e)��Endorsement [Registration] as an owner, officer,
�	partner, or shareholder of a license holder expires on the second
�	anniversary of the date of endorsement [registration].
�	�������(f)��Endorsement [Registration] as a noncommissioned
�	security officer expires on the second anniversary of the date of
�	endorsement [registration].
�	�������(g)��A letter of authority, or a school approval or school
�	instructor approval letter issued by the board [commission],
�	expires on the first anniversary of the date of issuance.
�	�������(h)��A license, [or] registration, or endorsement issued
�	under this chapter, other than one specified in this section,
�	expires on the date specified by this chapter or by board
�	[commission] rule.
�	�������SECTION�4.79.��Section 1702.302, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.302.��LICENSE RENEWAL. (a) �A person who is
�	otherwise eligible to renew a license may renew an unexpired
�	license by paying the required renewal fee to the board
�	[commission] before the expiration date of the license. A person
�	whose license has expired may not engage in activities that require
�	a license until the license has been renewed.
�	�������(b)��A person whose license has been expired for 90 days or
�	less may renew the license by paying to the board [commission] a
�	renewal fee that is equal to 1-1/2 times the normally required
�	renewal fee.
�	�������(c)��A person whose license has been expired for longer than
�	90 days but less than one year may renew the license by paying to the
�	board [commission] a renewal fee that is equal to two times the
�	normally required renewal fee.
�	�������(d)��A person whose license has been expired for one year or
�	more may not renew the license. The person may obtain a new license
�	by complying with the requirements and procedures, including the
�	examination requirements, for obtaining an original license.
�	�������(e)��Not later than the 30th day before the date a person's
�	license is scheduled to expire, the board [commission] shall send
�	written notice of the impending expiration to the person at the
�	person's last known address according to the board's [commission's]
�	records.
�	�������SECTION�4.80.��Section 1702.303, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.303.��RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE
�	PRACTITIONER. A person who was licensed in this state, moved to
�	another state, and is currently licensed and has been in practice in
�	the other state for the two years preceding the date the person
�	applies for renewal may obtain a new license without reexamination.
�	The person must pay to the board [commission] a fee that is equal to
�	two times the normally required renewal fee for the license.
�	�������SECTION�4.81.��Section 1702.304, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.304.��STAGGERED RENEWAL; PRORATION OF LICENSE FEE.
�	The board [commission] by rule may adopt a system under which
�	licenses expire on various dates during the year. For the year in
�	which the expiration date of a license is changed, the board
�	[commission] shall prorate license fees on a monthly basis so that
�	each license holder pays only that portion of the license fee that
�	is allocable to the number of months during which the license is
�	valid. On renewal of the license on the new expiration date, the
�	total license renewal fee is payable.
�	�������SECTION�4.82.��Section 1702.307, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.307.��REGISTRATION RENEWAL. (a) �An individual
�	who is otherwise eligible to renew a registration may renew an
�	unexpired registration by paying the required renewal fee to the
�	board [commission] before the expiration date of the registration.
�	An individual whose registration has expired may not engage in
�	activities that require a registration until the registration has
�	been renewed.
�	�������(b)��An individual whose registration has been expired for 90
�	days or less may renew the registration by paying to the board
�	[commission] a renewal fee that is equal to 1-1/2 times the normally
�	required renewal fee.
�	�������(c)��An individual whose registration has been expired for
�	more than 90 days but less than one year may renew the registration
�	by paying to the board [commission] a renewal fee that is equal to
�	two times the normally required renewal fee.
�	�������(d)��An individual whose registration has been expired for
�	one year or more may not renew the registration. The individual may
�	obtain a new registration by complying with the requirements and
�	procedures, including any examination required by the board
�	[commission], for obtaining an original registration.
�	�������(e)��An individual who was registered in this state, moved to
�	another state, and is currently registered and has been in practice
�	in the other state for the two years preceding the date of
�	application may obtain a new registration without reexamination.
�	The individual must pay to the board [commission] a fee that is
�	equal to two times the normally required renewal fee for the
�	registration.
�	�������(f)��Not later than the 30th day before the expiration date
�	of an individual's registration, the board [commission] shall send
�	written notice of the impending expiration to the individual at the
�	individual's last known address according to board [commission]
�	records.
�	�������SECTION�4.83.��Sections 1702.308(b) and (c), Occupations
�	Code, are amended to read as follows:
�	�������(b)��The board [commission] shall recognize, prepare, or
�	administer continuing education programs for license holders,
�	commissioned security officers, and endorsement holders
�	[registrants]. The board [commission] shall set the minimum number
�	of hours that must be completed and the types of programs that may
�	be offered.
�	�������(c)��A license holder, commissioned security officer, or
�	endorsement holder [registrant] must participate in the programs to
�	the extent required by the board [commission] to keep the person's
�	license, commission, or endorsement [registration]. A license
�	holder, commissioned security officer, or endorsement holder
�	[registrant] shall submit evidence of compliance with the board's
�	[commission's] continuing education requirements in a manner
�	prescribed by the board [commission].
�	�������SECTION�4.84.��Section 1702.309(a), Occupations Code, is
�	amended to read as follows:
�	�������(a)��The board [commission] by rule shall develop a
�	continuing education course required for renewal of a security
�	officer commission. Only a board-approved [commission-approved]
�	instructor may administer the continuing education course. The
�	course must include at least six hours of instruction determined by
�	the chief administrator [director] of the board [commission].
�	�������SECTION�4.85.��Sections 1702.321(b), (c), and (e),
�	Occupations Code, are amended to read as follows:
�	�������(b)��The provisions of this chapter relating to security
�	officer commissions apply to a person employed by a political
�	subdivision whose duties include serving as a security guard,
�	security watchman, or security patrolman on property owned or
�	operated by the political subdivision if the governing body of the
�	political subdivision files a written request with the board
�	[commission] for the board [commission] to issue a commission to
�	the political subdivision's employees with those duties.
�	�������(c)��The board [commission] may not charge a fee for issuing
�	a commission to an officer under Subsection (b). The board
�	[commission] shall issue to the officer a pocket card designating
�	the political subdivision that employs the officer.
�	�������(e)��The board [commission] may approve a security officer
�	training program conducted by the political subdivision in
�	accordance with Sections 1702.1675 and 1702.168.
�	�������SECTION�4.86.��Section 1702.324(b), Occupations Code, is
�	amended to read as follows:
�	�������(b)��This chapter does not apply to:
�	�������������(1)��a manufacturer or a manufacturer's authorized
�	distributor while selling equipment intended for resale;
�	�������������(2)��a person engaged exclusively in the business of
�	obtaining and providing information to:
�	�������������������(A)��determine creditworthiness;
�	�������������������(B)��collect debts; or
�	�������������������(C)��ascertain the reliability of information
�	provided by an applicant for property, life, or disability
�	insurance or an indemnity or surety bond;
�	�������������(3)��a person engaged exclusively in the business of
�	repossessing property that is secured by a mortgage or other
�	security interest;
�	�������������(4)��a person who��is engaged in the business of
�	psychological testing or other testing and interviewing services,
�	including services to determine attitudes, honesty, intelligence,
�	personality, and skills, for preemployment purposes;
�	�������������(5)��a person who:
�	�������������������(A)��is engaged in obtaining information that is a
�	public record under Chapter 552, Government Code, regardless of
�	whether the person receives compensation;
�	�������������������(B)��is not a full-time employee, as defined by
�	Section 61.001, Labor Code, of a person licensed under this
�	chapter; and
�	�������������������(C)��does not perform any other act that requires
�	a license under this chapter;
�	�������������(6)��a licensed engineer practicing engineering or
�	directly supervising engineering practice under Chapter 1001,
�	including forensic analysis, burglar alarm system engineering, and
�	necessary data collection;
�	�������������(7)��an employee of a cattle association who inspects
�	livestock brands under the authority granted to the cattle
�	association by the Grain Inspection, Packers and Stockyards
�	Administration of the United States Department of Agriculture;
�	�������������(8)��a landman performing activities in the course and
�	scope of the landman's business;
�	�������������(9)��an attorney while engaged in the practice of law;
�	�������������(10)��a person who obtains a document for use in
�	litigation under an authorization or subpoena issued for a written
�	or oral deposition;
�	�������������(11)��an admitted insurer, insurance adjuster, agent,
�	or insurance broker licensed by the state, performing duties in
�	connection with insurance transacted by that person;
�	�������������(12)��a person who on the person's own property or on
�	property owned or managed by the person's employer:
�	�������������������(A)��installs, changes, or repairs a mechanical
�	security device;
�	�������������������(B)��repairs an electronic security device; or
�	�������������������(C)��cuts or makes a key for a security device;
�	�������������(13)��security personnel, including security contract
�	personnel, working at a commercial nuclear power plant licensed by
�	the United States Nuclear Regulatory Commission;
�	�������������(14)��a person or firm licensed as an accountant or
�	accounting firm under Chapter 901, an owner of an accounting firm,
�	or an employee of an accountant or accounting firm while performing
�	services regulated under Chapter 901; [or]
�	�������������(15)��a retailer, wholesaler, or other person who sells
�	mechanical security devices, including locks and deadbolts, but who
�	does not:
�	�������������������(A)��service mechanical security devices for the
�	public outside of the person's premises; or
�	�������������������(B)��claim to act as a locksmith; or
�	�������������(16)��an employee while performing investigative
�	services that would otherwise be subject to this chapter for an
�	entity regulated by the:
�	�������������������(A)��Texas Department of Insurance;
�	�������������������(B)��Office of Thrift Supervision;
�	�������������������(C)��Securities and Exchange Commission;
�	�������������������(D)��Federal Deposit Insurance Corporation;
�	�������������������(E)��National Association of Securities Dealers;
�	or
�	�������������������(F)��Financial Industry Regulatory Authority.
�	�������SECTION�4.87.��Section 1702.361(b), Occupations Code, is
�	amended to read as follows:
�	�������(b)��The department shall take disciplinary action described
�	by Subsection (a) on proof:
�	�������������(1)��that the applicant, license holder, registrant,
�	endorsement holder, or commissioned security officer has:
�	�������������������(A)��violated this chapter or a rule adopted under
�	this chapter;
�	�������������������(B)��become ineligible for licensure, [or]
�	registration, or endorsement under Section 1702.113, or a
�	commission under Section 1702.163, if applicable, other than an
�	action for which the department has taken summary action under
�	Section 1702.364;
�	�������������������(C)��engaged in fraud, deceit, or
�	misrepresentation;
�	�������������������(D)��made a material misstatement in an
�	application for or renewal of a license, registration, endorsement,
�	or commission; [or]
�	�������������������(E)��failed to pay in full an administrative
�	penalty assessed under Subchapter Q, for which the board has issued
�	a final order; or
�	�������������������(F)��performed any service for which an
�	endorsement is required under this chapter and either:
�	�������������������������(i)��was not employed with a company
�	licensed under this chapter at the time the service was performed;
�	or
�	�������������������������(ii)��performed the service for a company
�	licensed under this chapter that was not listed on the individual's
�	registration without informing the board of the individual's
�	employment with the company within a reasonable period; or
�	�������������(2)��that the license holder of a registrant or
�	commissioned security officer has submitted to the department
�	sufficient evidence that the registrant or commissioned security
�	officer:
�	�������������������(A)��engaged in fraud or deceit while employed by
�	the license holder; or
�	�������������������(B)��committed theft while performing work as a
�	registrant or commissioned security officer.
�	�������SECTION�4.88.��Section 1702.362, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.362.��FAILURE TO FILE REQUIRED NOTICE. The board
�	[commission] may suspend or revoke a license if the license holder
�	fails to notify the board [commission] as required by Section
�	1702.121 that a manager has ceased to be the manager of the license
�	holder.
�	�������SECTION�4.89.��Section 1702.363, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.363.��APPLICATION OF ADMINISTRATIVE PROCEDURE
�	ACT. Except as provided by Sections 1702.3615(b) and 1702.364, a
�	person regulated under this chapter against whom the board
�	[commission] has taken action is entitled to a hearing before the
�	State Office of Administrative Hearings. A proceeding under this
�	section is a contested case that is governed by Chapter 2001,
�	Government Code.
�	�������SECTION�4.90.��Sections 1702.364(a), (d), (f), and (h),
�	Occupations Code, are amended to read as follows:
�	�������(a)��On receiving written notice from a law enforcement
�	agency that a person has been charged with or convicted of an
�	offense that would make the person ineligible for a license,
�	certificate of registration, endorsement, or security officer
�	commission under Section 1702.113 or 1702.163, the department
�	shall:
�	�������������(1)��summarily deny the person's application for a
�	license, registration, endorsement, or security officer
�	commission;
�	�������������(2)��in the event of pending charges, summarily suspend
�	the person's license, certificate of registration, endorsement, or
�	security officer commission; or
�	�������������(3)��in the event of a conviction, summarily revoke the
�	person's license, certificate of registration, endorsement, or
�	security officer commission.
�	�������(d)��At a preliminary hearing, the person must show cause
�	why:
�	�������������(1)��the application should not have been denied;
�	�������������(2)��the registration, license, endorsement, or
�	security officer commission should not have been suspended; or
�	�������������(3)��the registration, license, endorsement, or
�	commission should not have been revoked.
�	�������(f)��The dismissal of a complaint, information, or
�	indictment or an acquittal releases the person from automatic
�	grounds for a summary denial of an application or summary
�	suspension of a registration, endorsement, or security officer
�	commission under this section. A conviction for the offense giving
�	rise to a summary suspension is automatic grounds for immediate,
�	summary revocation.
�	�������(h)��The administrative law judge shall make findings of fact
�	and conclusions of law regarding the person's eligibility for a
�	license, registration, or endorsement under this section and
�	promptly issue to the board a proposal for a decision.
�	�������SECTION�4.91.��Section 1702.365, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.365.��ABDUCTION OF CHILD. The board [commission]
�	shall revoke a person's license, registration, endorsement, or
�	security officer commission or deny a person's application for, or
�	renewal of, a license, registration, endorsement, or security
�	officer commission on proof that the person or an agent of the
�	person has, after the date of application for a license,
�	registration, endorsement, or security officer commission,
�	abducted or attempted to abduct by force or the threat of force or
�	by misrepresentation, stealth, or unlawful entry a child who at the
�	time of the abduction or attempt is under the care and control of a
�	person who:
�	�������������(1)��has custody or physical possession of the child
�	under a court order; or
�	�������������(2)��is exercising the care and control with the
�	consent of a person who has custody or physical possession of the
�	child under a court order.
�	�������SECTION�4.92.��Sections 1702.367(c), (d), and (e),
�	Occupations Code, are amended to read as follows:
�	�������(c)��A person required to testify or to produce a record or
�	document on any matter properly under inquiry by the board
�	[commission] who refuses to testify or to produce the record or
�	document on the ground that the testimony or the production of the
�	record or document would incriminate or tend to incriminate the
�	person is nonetheless required to testify or to produce the record
�	or document. A person who is required to testify or to produce a
�	record or document under this subsection is not subject to
�	indictment or prosecution for a transaction, matter, or thing
�	concerning which the person truthfully testifies or produces
�	evidence.
�	�������(d)��If a witness refuses to obey a subpoena or to give
�	evidence relevant to proper inquiry by the board [commission], the
�	board [commission] may petition a district court of the county in
�	which the hearing is held to compel the witness to obey the subpoena
�	or to give the evidence. The court shall immediately issue process
�	to the witness and shall hold a hearing on the petition as soon as
�	possible.
�	�������(e)��An investigator employed by the board [commission] may
�	take statements under oath in an investigation of a matter covered
�	by this chapter.
�	�������SECTION�4.93.��Section 1702.368, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.368.��NOTIFICATION OF CONVICTION FOR CERTAIN
�	OFFENSES. The department [Texas Department of Public Safety] shall
�	notify the board [commission] and the police department of the
�	municipality and the sheriff's department of the county in which a
�	person licensed, registered, or commissioned under this chapter
�	resides of the conviction of the person for a Class B misdemeanor or
�	equivalent offense or a greater offense.
�	�������SECTION�4.94.��Subchapter O, Chapter 1702, Occupations Code,
�	is amended by adding Section 1702.372 to read as follows:
�	�������Sec.�1702.372.��RECUSAL OF BOARD MEMBER. (a) A board member
�	who participated in the investigation of a complaint or in informal
�	settlement negotiations regarding the complaint:
�	�������������(1)��may not vote on the matter at a board meeting
�	related to the complaint; and
�	�������������(2)��shall state at the meeting the reason for which the
�	member is prohibited from voting on the matter.
�	�������(b)��A statement under Subsection (a)(2) shall be entered
�	into the minutes of the meeting.
�	�������SECTION�4.95.��Section 1702.381(b), Occupations Code, is
�	amended to read as follows:
�	�������(b)��A person who contracts with or employs a person who is
�	required to hold a license, [certificate of] registration,
�	endorsement, or security officer commission under this chapter
�	knowing that the person does not hold the required license,
�	registration, endorsement [certificate], or commission or who
�	otherwise, at the time of contract or employment, is in violation of
�	this chapter may be assessed a civil penalty to be paid to the state
�	in an amount not to exceed $10,000 for each violation.
�	�������SECTION�4.96.��Section 1702.386(a), Occupations Code, is
�	amended to read as follows:
�	�������(a)��A person commits an offense if the person contracts with
�	or employs a person who is required to hold a license, registration,
�	endorsement [certificate], or commission under this chapter
�	knowing that the person does not hold the required license,
�	registration, endorsement [certificate], or commission or who
�	otherwise, at the time of contract or employment, is in violation of
�	this chapter.
�	�������SECTION�4.97.��Section 1702.3863(a), Occupations Code, is
�	amended to read as follows:
�	�������(a)��A person commits an offense if the person contracts with
�	or is employed by a bail bond surety as defined by Chapter 1704 to
�	secure the appearance of a person who has violated Section 38.10,
�	Penal Code, unless the person is:
�	�������������(1)��a peace officer;
�	�������������(2)��an individual endorsed or licensed as a private
�	investigator or the manager of a licensed investigations company;
�	or
�	�������������(3)��a commissioned security officer employed by a
�	licensed guard company.
�	�������SECTION�4.98.��Section 1702.387(a), Occupations Code, is
�	amended to read as follows:
�	�������(a)��A person commits an offense if the person fails to
�	surrender or immediately return to the board [commission] the
�	person's registration, commission, pocket card, or other
�	identification issued to the person by the board [commission] on
�	notification of a summary suspension or summary denial under
�	Section 1702.364.
�	�������SECTION�4.99.��Section 1702.388(b), Occupations Code, is
�	amended to read as follows:
�	�������(b)��An offense under this section is a Class A misdemeanor,
�	except that the offense is a felony of the third degree if the
�	person has previously been convicted under this chapter of failing
�	to hold a license, registration, endorsement, certificate, or
�	commission that the person is required to hold under this chapter.
�	�������SECTION�4.100.��Section 1702.402, Occupations Code, is
�	amended by amending Subsection (a) and adding Subsection (c) to
�	read as follows:
�	�������(a)��Each day a violation continues or occurs is a separate
�	violation for purposes of imposing a penalty. The amount of each
�	separate violation may not exceed $5,000 [$500].
�	�������(c)��The board by rule shall develop a standardized penalty
�	schedule based on the criteria listed in Subsection (b).
�	�������SECTION�4.101.��Section 1702.406(b), Occupations Code, is
�	amended to read as follows:
�	�������(b)��The notice of the board's order given to the person must
�	include a statement of the right of the person to judicial review of
�	the order. Judicial review is under the substantial evidence rule
�	as provided by Subchapter G, Chapter 2001, Government Code.
�	�������SECTION�4.102.��The following provisions of the Occupations
�	Code are repealed:
�	�������������(1)��Section�1702.002(4);
�	�������������(2)��Section�1702.003;
�	�������������(3)��Section 1702.045;
�	�������������(4)��Section 1702.046;
�	�������������(5)��Section�1702.065;
�	�������������(6)��Section 1702.069;
�	�������������(7)��Section�1702.113(e);
�	�������������(8)��Section�1702.364(j); and
�	�������������(9)��Subchapter K.
�	�������SECTION�4.103.��(a) Not later than January 1, 2010, the
�	Texas Private Security Board and the Department of Public Safety
�	shall adopt the rules required by or under Section 1702.062,
�	Occupations Code, as amended by this article. The fee schedule in
�	effect under Section 1702.062, Occupations Code, before the
�	effective date of this article is continued in effect until new fees
�	are adopted under Section 1702.062, Occupations Code, as amended by
�	this article.
�	�������(b)��The requirement to pass a jurisprudence examination
�	under Section 1702.241, Occupations Code, as added by this article,
�	applies only to an individual who applies for a registration or
�	endorsement under Chapter 1702, Occupations Code, on or after the
�	date specified by the Texas Private Security Board in the event the
�	board begins requiring applicants to pass a jurisprudence
�	examination, but not earlier than September 1, 2010.
�	�������(c)��The changes in law made by this article related to the
�	filing, investigation, or resolution of a complaint under Chapter
�	1702, Occupations Code, as amended by this article, apply only to a
�	complaint filed with the Texas Private Security Board on or after
�	the effective date of this article. A complaint filed before the
�	effective date of this article is governed by the law as it existed
�	immediately before that date, and the former law is continued in
�	effect for that purpose.
�	�������(d)��The changes in law made by this article governing the
�	authority of the Texas Private Security Board and the Department of
�	Public Safety to issue, renew, or revoke a license, registration,
�	endorsement, or commission under Chapter 1702, Occupations Code,
�	apply only to an application for an original or renewal license,
�	registration, endorsement, or commission filed with the Texas
�	Private Security Board under Chapter 1702, Occupations Code, as
�	amended by this article, on or after the effective date of this
�	article. An application filed before the effective date of this
�	article is governed by the law in effect at the time the application
�	was filed, and the former law is continued in effect for that
�	purpose.
�	�������(e)��The change in law made by this article with respect to
�	conduct that is grounds for imposition of a disciplinary sanction
�	applies only to conduct that occurs on or after the effective date
�	of this article. Conduct that occurs before the effective date of
�	this article is governed by the law in effect on the date the
�	conduct occurred, and the former law is continued in effect for that
�	purpose.
�	�������(f)��Section 1702.372, Occupations Code, as added by this
�	article, applies only to a hearing conducted on or after the
�	effective date of this article, regardless of the date on which the
�	complaint was filed. A complaint on which a hearing is conducted
�	before the effective date of this article is governed by the law in
�	effect on the date the hearing was conducted, and the former law is
�	continued in effect for that purpose.
�	�������(g)��The holder of a Class D license under Chapter 1702,
�	Occupations Code, as amended by this article, shall be considered
�	to hold a Class B license on the effective date of this article. On
�	the expiration of the Class D license, the license holder may renew
�	the license as a Class B license.
�	�������SECTION�4.104.��This article takes effect September 1, 2009.
�	ARTICLE 4A [Blank]
�	ARTICLE 4B.��REGULATION OF THE BUSINESS OF PRIVATE SECURITY
�	�������SECTION�4B.01.��Section 1702.002, Occupations Code, is
�	amended by amending Subdivision (1-a) and adding Subdivisions
�	(16-a) and (20-a) to read as follows:
�	�������������(1-a)��For purposes of Subdivision (1), the term "alarm
�	system" does not include a telephone entry system, an operator for
�	opening or closing a residential or commercial gate or door, or an
�	accessory used only to activate a gate or door, if the system,
�	operator, or accessory is not connected to a computer or data
�	processor that records or archives the voice, visual image, or
�	identifying information of the user [an alarm system].
�	�������������(16-a)��"Personal protection officer" means a person
�	who performs the activities described by Section 1702.202.
�	�������������(20-a)��"Security officer" means a person who performs
�	the activities described by Section 1702.222.
�	�������SECTION�4B.02.��Section 1702.047, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.047.��ADMINISTRATIVE STAFF. The department shall
�	designate a department employee who shall report directly to the
�	board. The employee designated under this section shall provide
�	administrative assistance to [assist] the board in the performance
�	[administration] of the board's duties. [The salary for an
�	employee designated under this section may not exceed the salary
�	specified in the General Appropriations Act for an employee subject
�	to salary group A10.]
�	�������SECTION�4B.03.��Subsection (e), Section 1702.082,
�	Occupations Code, is amended to read as follows:
�	�������(e)��On written request, the department [The commission, at
�	least quarterly until final disposition of the complaint,] shall
�	inform [notify] the person filing the complaint and each person who
�	is a subject of the complaint of the status of the investigation
�	unless the information [notice] would jeopardize an ongoing
�	[undercover] investigation.
�	�������SECTION�4B.04.��Subchapter A, Chapter 1702, Occupations
�	Code, is amended by adding Section 1702.006 to read as follows:
�	�������Sec.�1702.006.��FOREIGN ENTITY REGISTRATION. Licensure
�	under this chapter does not exempt a foreign entity from the
�	registration requirements of Chapter 9, Business Organizations
�	Code.
�	�������SECTION�4B.05.��Subsection (a), Section 1702.1056,
�	Occupations Code, is amended to read as follows:
�	�������(a)��A person acts as a locksmith company for the purposes of
�	this chapter if the person:
�	�������������(1)��sells, installs, services, or maintains, or offers
�	to sell, install, service, or maintain, mechanical security
�	devices, including deadbolts and locks;
�	�������������(2)��advertises services offered by the company using
�	the term "locksmith"; or
�	�������������(3)��includes the term "locksmith" in the company's
�	name.
�	�������SECTION�4B.06.��Section 1702.110, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.110.��APPLICATION FOR LICENSE. (a)�An
�	application for a license under this chapter must be in the form
�	prescribed by the board�[commission] and include:
�	�������������(1)��the full name and business address of the
�	applicant;
�	�������������(2)��the name under which the applicant intends to do
�	business;
�	�������������(3)��a statement as to the general nature of the
�	business in which the applicant intends to engage;
�	�������������(4)��a statement as to the classification for which the
�	applicant requests qualification;
�	�������������(5)��if the applicant is an entity other than an
�	individual, the full name and residence address of each partner,
�	officer who oversees the security-related aspects of the business,
�	and director of the applicant, and of the applicant's manager;
�	�������������(6)��if the applicant is an individual, two
�	classifiable sets of fingerprints of the applicant or, if the
�	applicant is an entity other than an individual, of each officer who
�	oversees the security-related aspects of the business and of each
�	partner or shareholder who owns at least a 25 percent interest in
�	the applicant;
�	�������������(7)��a verified statement of the applicant's experience
�	qualifications in the particular classification in which the
�	applicant is applying;
�	�������������(8)��a report from the department�[Texas Department of
�	Public Safety] stating the applicant's record of any convictions
�	for a Class B misdemeanor or equivalent offense or a greater
�	offense;
�	�������������(9)��the social security number of the individual
�	making the application; and
�	�������������(10)��other information, evidence, statements, or
�	documents required by the board�[commission].
�	�������(b)��An applicant for a license as a security services
�	contractor shall maintain a physical address within this state and
�	provide that address to the board. The board shall adopt rules to
�	enable an out-of-state license holder to comply with this
�	subsection.
�	�������SECTION�4B.07.��Section 1702.112, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.112.��FORM OF LICENSE. The board [commission]
�	shall prescribe the form of a license, including a branch office
�	license. The license must include:
�	�������������(1)��the name of the license holder;
�	�������������(2)��the name under which the license holder is to
�	operate; [and]
�	�������������(3)��the license number and the date the license was
�	issued; and
�	�������������(4)��a photograph of the license holder, affixed to the
�	license at the time the license is issued by the board.
�	�������SECTION�4B.08.��Section 1702.121, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.121.��TERMINATION OF MANAGER. (a)�A license
�	holder shall notify the board�[commission] in writing not later
�	than the 14th day after the date a manager ceases to be manager of
�	the license holder's business. The license remains in effect for a
�	reasonable period after notice is given as provided by board�
�	[commission] rule pending the board's�[commission's] determination
�	of the qualification of another manager under this subchapter.
�	�������(b)��A manager shall be immediately terminated on the
�	effective date of any summary action taken against the manager. �Any
�	period of temporary operation authorized under this section or
�	Section 1702.122 starts on the date of termination.
�	�������SECTION�4B.09.��Section 1702.127, Occupations Code, is
�	amended by amending Subsections (b) and (c) and adding Subsection
�	(d) to read as follows:
�	�������(b)��A license holder shall maintain a record containing
�	information related to the license holder's employees as required
�	by the board [commission].
�	�������(c)��A license holder shall maintain for [commission]
�	inspection by the department at the license holder's principal
�	place of business or branch office two recent color photographs, of
�	a type required by the board [commission], of each applicant,
�	registrant, commissioned security officer, and employee of the
�	license holder.
�	�������(d)��A license holder shall maintain records required under
�	this chapter at a physical address within this state and provide
�	that address to the board.
�	�������SECTION�4B.10.��Section 1702.163, Occupations Code, is
�	amended by adding Subsection (d-1) to read as follows:
�	�������(d-1)��For the purposes of determining eligibility under
�	Subsection (b)(2), the department may require the applicant to
�	authorize the release to the department of any relevant medical
�	records.
�	�������SECTION�4B.11.��Section 1702.201, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.201.��PERSONAL PROTECTION OFFICER ENDORSEMENT�
�	[AUTHORIZATION] REQUIRED. An individual�[A commissioned security
�	officer] may not act as a personal protection officer unless the
�	individual [officer] holds a personal protection officer
�	endorsement�[authorization].
�	�������SECTION�4B.12.��Section 1702.202, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.202.��PERSONAL PROTECTION OFFICER. An individual
�	acts as a personal protection officer if the individual, while
�	carrying a firearm,�[:
�	�������������[(1) � � has been issued a security officer commission to
�	carry a concealed firearm; and
�	�������������[(2)]��provides to another [an] individual personal
�	protection from bodily harm.
�	�������SECTION�4B.13.��Section 1702.206, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.206.��LIMITED AUTHORITY TO CARRY�[CONCEALED]
�	FIREARMS. (a)��An individual acting as a personal protection
�	officer may not carry a [concealed] firearm unless the officer:
�	�������������(1)��is either:
�	�������������������(A)��engaged in the exclusive performance of the
�	officer's duties as a personal protection officer for the employer
�	under whom the officer's personal protection officer endorsement�
�	[authorization] is issued; or
�	�������������������(B)��traveling to or from the officer's place of
�	assignment; and
�	�������������(2)��carries the officer's security officer commission
�	and personal protection officer endorsement�[authorization] on the
�	officer's person while performing the officer's duties or traveling
�	as described by Subdivision (1) and presents the commission and
�	endorsement�[authorization] on request.
�	�������(b)��An individual who is acting as a personal protection
�	officer and is wearing the uniform of a security officer, including
�	any uniform or apparel described by Section 1702.323(d), may not
�	conceal any firearm the individual is carrying and shall carry the
�	firearm in plain view. �An individual who is acting as a personal
�	protection officer and is not wearing the uniform of a security
�	officer shall conceal the firearm.
�	�������SECTION�4B.14.��Section 1702.230, Occupations Code, is
�	amended by amending Subsection (b) and adding Subsection (c) to
�	read as follows:
�	�������(b)��The employer of the applicant shall make a reasonable
�	attempt to verify the information required under Subsection (a)(1)
�	before the earlier of:
�	�������������(1)��the date the application is submitted; or
�	�������������(2)��the date the applicant begins to perform the
�	duties of employment that require registration.
�	�������(c)��An applicant must submit an application that
�	substantially meets the requirements of this section before
�	employment in a capacity for which registration is required.
�	�������SECTION�4B.15.��Subsection (a), Section 1702.282,
�	Occupations Code, is amended to read as follows:
�	�������(a)��The board shall conduct a criminal history check,
�	including a check of any criminal history record information
�	maintained by the Federal Bureau of Investigation, in the manner
�	provided by Subchapter F, Chapter 411, Government Code, on each
�	applicant for a license, registration, security officer
�	commission, letter of approval, permit, endorsement, or
�	certification. �As part of its criminal history check, the board may
�	request that the applicant provide certified copies of relevant
�	court documents or other records. The failure to provide the
�	requested records within a reasonable time as determined by the
�	board may result in the application being considered incomplete.��
�	An applicant is not eligible for a license, registration,
�	commission, letter of approval, permit, endorsement, or
�	certification if the check reveals that the applicant has committed
�	an act that constitutes grounds for the denial of the license,
�	registration, commission, letter of approval, permit, endorsement,
�	or certification. Except as provided by Subsection (d), each
�	applicant shall include in the application two complete sets of
�	fingerprints on forms prescribed by the board accompanied by the
�	fee set by the board.
�	�������SECTION�4B.16.��Section 1702.286, Occupations Code, as added
�	by Chapter 1102 (H.B. 2243), Acts of the 79th Legislature, Regular
�	Session, 2005, is renumbered as Section 1702.2865, Occupations
�	Code, to read as follows:
�	�������Sec.�1702.2865�[1702.286].��CUSTOMER AUTHORIZATION REQUIRED
�	FOR CERTAIN LOCKSMITH SERVICES. (a) �A locksmith company or
�	locksmith may not perform services for a customer who seeks entry to
�	a structure, motor vehicle, or other property unless the customer,
�	in the course of the transaction:
�	�������������(1)��shows the locksmith company or locksmith a
�	government-issued identification; and
�	�������������(2)��provides a signed authorization stating that the
�	customer owns or is otherwise entitled to legal access to the
�	structure, motor vehicle, or other property.
�	�������(b)��A locksmith company or locksmith is exempt from
�	Subsection (a) if the locksmith is requested to perform services in
�	a case of imminent threat to a person or property.
�	�������SECTION�4B.17.��Section 1702.322, Occupations Code, is
�	amended to read as follows:
�	�������Sec.�1702.322.��LAW ENFORCEMENT PERSONNEL. This chapter
�	does not apply to:
�	�������������(1)��a person who has full-time employment as a peace
�	officer and who receives compensation for private employment on an
�	individual or an independent contractor basis as a patrolman,
�	guard, extra job coordinator, or watchman if the officer:
�	�������������������(A)��is employed in an employee-employer
�	relationship or employed on an individual contractual basis
�	directly by the recipient of the services;
�	�������������������(B)��is not in the employ of another peace
�	officer;
�	�������������������(C)��is not a reserve peace officer; and
�	�������������������(D)��works as a peace officer on the average of at
�	least 32 hours a week, is compensated by the state or a political
�	subdivision of the state at least at the minimum wage, and is
�	entitled to all employee benefits offered to a peace officer by the
�	state or political subdivision;
�	�������������(2)��a reserve peace officer while the reserve officer
�	is performing guard, patrolman, or watchman duties for a county and
�	is being compensated solely by that county;
�	�������������(3)��a peace officer acting in an official capacity in
�	responding to a burglar alarm or detection device; or
�	�������������(4)��a person engaged in the business of electronic
�	monitoring of an individual as a condition of that individual's
�	community supervision, parole, mandatory supervision, or release
�	on bail, if the person does not perform any other service that
�	requires a license under this chapter.
�	�������SECTION�4B.18.��Subsection (a), Section 1702.361,
�	Occupations Code, is amended to read as follows:
�	�������(a)��The�[Subject to the board's final order under the
�	hearing provisions of this subchapter, the] department, for conduct
�	described by Subsection (b), may:
�	�������������(1)��deny an application or revoke, suspend, or refuse
�	to renew a license, registration, endorsement, or security officer
�	commission;
�	�������������(2)��reprimand a license holder, registrant, or
�	commissioned security officer; or
�	�������������(3)��place on probation a person whose license,
�	registration, endorsement, or security officer commission has been
�	suspended.
�	�������SECTION�4B.19.��Section 1702.367, Occupations Code, is
�	amended by amending Subsection (a) and adding Subsections (f) and
�	(g) to read as follows:
�	�������(a)��For an investigation conducted under this chapter, if
�	necessary to enforce this chapter or the board's rules,�the
�	department [commission] may issue an administrative [a] subpoena to
�	any person in this state compelling:
�	�������������(1)��the production of information or documents; or
�	�������������(2)��the attendance and testimony of a witness [compel
�	the attendance of a witness or the production of a pertinent record
�	or document. The hearings officer may administer oaths and require
�	testimony or evidence to be given under oath].
�	�������(f)��A person licensed or otherwise regulated under this
�	chapter who fails without good cause to comply with a subpoena
�	issued under this section may be subject to suspension of a license
�	under Section 1702.361.
�	�������(g)��If a subpoena issued under this section relates to an
�	ongoing criminal investigation by the department and the department
�	determines that disclosure could significantly impede the
�	investigation, the subpoena may provide that the person to whom the
�	subpoena is directed may not:
�	�������������(1)��disclose that the subpoena has been issued;
�	�������������(2)��identify or describe any records requested by the
�	subpoena; or
�	�������������(3)��disclose whether records have been furnished in
�	response to the subpoena.
�	�������SECTION�4B.20.��Subchapter P, Chapter 1702, Occupations
�	Code, is amended by adding Section 1702.3835 to read as follows:
�	�������Sec.�1702.3835.��DECEPTIVE TRADE PRACTICE. (a) �A person who
�	performs or offers to perform an activity regulated under this
�	chapter, but who is not licensed or otherwise authorized under this
�	chapter to perform the activity, commits a false, misleading, or
�	deceptive act or practice within the meaning of Section 17.46,
�	Business & Commerce Code.
�	�������(b)��A public or private right or remedy under Chapter 17,
�	Business & Commerce Code, may be used to enforce this chapter.
�	�������SECTION�4B.21.��Subsection (d), Section 46.03, Penal Code,
�	is amended to read as follows:
�	�������(d)��It is a defense to prosecution under Subsection (a)(5)
�	that the actor possessed a firearm or club while traveling to or
�	from the actor's place of assignment or in the actual discharge of
�	duties as:
�	�������������(1)��a member of the armed forces or national guard;
�	�������������(2)��a guard employed by a penal institution; or
�	�������������(3)��a security officer commissioned by the Texas
�	[Board of Private Investigators and] Private Security Board�
�	[Agencies] if:
�	�������������������(A)��the actor is wearing a distinctive uniform;
�	and
�	�������������������(B)��the firearm or club is in plain view; or
�	�������������(4)�[(5)]��a security officer who holds a personal
�	protection authorization under Chapter 1702, Occupations Code,
�	provided that the officer is either:
�	�������������������(A)��wearing the uniform of a security officer,
�	including any uniform or apparel described by Section 1702.323(d),
�	Occupations Code, and carrying the officer's firearm in plain view;
�	or
�	�������������������(B)��not wearing the uniform of a security officer
�	and carrying the officer's firearm in a concealed manner�[the
�	Private Investigators and Private Security Agencies Act (Article
�	4413(29bb), Vernon's Texas Civil Statutes)].
�	�������SECTION�4B.22.��Subsection (b), Section 46.15, Penal Code,
�	as amended by Chapters 647 (H.B. 964), 693 (H.B. 1815), and 1048
�	(H.B. 2101), Acts of the 80th Legislature, Regular Session, 2007,
�	is reenacted and amended to read as follows:
�	�������(b)��Section 46.02 does not apply to a person who:
�	�������������(1)��is in the actual discharge of official duties as a
�	member of the armed forces or state military forces as defined by
�	Section 431.001, Government Code, or as a guard employed by a penal
�	institution;
�	�������������(2)��is traveling;
�	�������������(3)��is engaging in lawful hunting, fishing, or other
�	sporting activity on the immediate premises where the activity is
�	conducted, or is en route between the premises and the actor's
�	residence or motor vehicle, if the weapon is a type commonly used in
�	the activity;
�	�������������(4)��holds a security officer commission issued by the
�	Texas Private Security Board, if the person[:
�	�������������������[(A)]��is engaged in the performance of the
�	person's duties as an officer commissioned under Chapter 1702,
�	Occupations Code, or is traveling to or from the person's place of
�	assignment[;] and
�	�������������������[(B)]��is [either:
�	�������������������������[(i)]��wearing the officer's uniform and
�	carrying the officer's weapon in plain view; [or]
�	�������������(5)��acts�[(ii)��acting] as a personal protection
�	officer and carries�[carrying] the person's security officer
�	commission and personal protection officer authorization, if the
�	person:
�	�������������������(A)��is engaged in the performance of the person's
�	duties as a personal protection officer under Chapter 1702,
�	Occupations Code, or is traveling to or from the person's place of
�	assignment; and
�	�������������������(B)��is either:
�	�������������������������(i)��wearing the uniform of a security
�	officer, including any uniform or apparel described by Section
�	1702.323(d), Occupations Code, and carrying the officer's weapon in
�	plain view; or
�	�������������������������(ii)��not wearing the uniform of a security
�	officer and carrying the officer's weapon in a concealed manner;
�	�������������(6)�[(5)]��is carrying a concealed handgun and a valid
�	license issued under Subchapter H, Chapter 411, Government Code, to
�	carry a concealed handgun of the same category as the handgun the
�	person is carrying;
�	�������������(7)�[(6)]��holds an alcoholic beverage permit or
�	license or is an employee of a holder of an alcoholic beverage
�	permit or license if the person is supervising the operation of the
�	permitted or licensed premises; or
�	�������������(8)�[(7)]��is a student in a law enforcement class
�	engaging in an activity required as part of the class, if the weapon
�	is a type commonly used in the activity and the person is:
�	�������������������(A)��on the immediate premises where the activity
�	is conducted; or
�	�������������������(B)��en route between those premises and the
�	person's residence and is carrying the weapon unloaded.
�	�������SECTION�4B.23.��The changes in law made by this article to
�	Section 1702.110 and Subsection (a), Section 1702.282, Occupations
�	Code, and the change in law made by Article 4 of this Act to
�	Subsection (a), Section 1702.221, Occupations Code, apply to an
�	application under Chapter 1702, Occupations Code, submitted on or
�	after the effective date of this article. An application submitted
�	before the effective date of this article is governed by the law in
�	effect on the date the application was submitted, and the former law
�	is continued in effect for that purpose.
�	�������SECTION�4B.24.��To the extent of any conflict, this article
�	prevails over another Act of the 81st Legislature, Regular Session,
�	2009, relating to nonsubstantive additions to and corrections in
�	enacted codes.
�	�������SECTION�4B.25.��This article takes effect September 1, 2009.
�	ARTICLE 5. GENERAL PROVISIONS
�	�������SECTION�5.01.��Section 411.002, Government Code, is amended
�	by amending Subsection (c) and adding Subsections (d) and (e) to
�	read as follows:
�	�������(c)��The Department of Public Safety of the State of Texas is
�	subject to Chapter 325 (Texas Sunset Act). Unless continued in
�	existence as provided by that chapter, the department is abolished
�	and Subsections (a) and (b) expire September 1, 2015 [2009].
�	�������(d)��Not later than December 1, 2010, the Sunset Advisory
�	Commission shall review and prepare a written report for submission
�	to the legislature on the department's implementation of:
�	�������������(1)��the recommendations in the 2008 audit of the
�	department's information technology system; and
�	�������������(2)��a civilian business model for the operation of the
�	driver's license division that focuses on improving customer
�	service by:
�	�������������������(A)��using best practices in call center
�	technology and monitoring customer service calls;
�	�������������������(B)��expanding operating hours at driver's
�	license offices; and
�	�������������������(C)��decreasing the time the department takes to
�	send a replacement driver's license.
�	�������(e)��The Sunset Advisory Commission shall submit the report
�	required by Subsection (d) not later than February 15, 2011. This
�	subsection and Subsection (d) expire August 31, 2011.
�	�������SECTION�5.02.��Section 411.0035, Government Code, is amended
�	to read as follows:
�	�������Sec.�411.0035.��MEMBER AND GENERAL COUNSEL RESTRICTION. �(a) �
�	In this section, "Texas trade association" means a cooperative and
�	voluntarily joined statewide association of business or
�	professional competitors in this state designed to assist its
�	members and its industry or profession in dealing with mutual
�	business or professional problems and in promoting their common
�	interest.
�	�������(b)��A person may not be [serve as] a member of the commission
�	and may not be a department employee employed in a "bona fide
�	executive, administrative, or professional capacity," as that
�	phrase is used for purposes of establishing an exemption to the
�	overtime provisions of the federal Fair Labor Standards Act of 1938
�	(29 U.S.C. Section 201 et seq.), if:
�	�������������(1)��the person is an officer, employee, or paid
�	consultant of a Texas trade association in the field of law
�	enforcement or private security; or
�	�������������(2)��the person's spouse is an officer, manager, or paid
�	consultant of a Texas trade association in the field of law
�	enforcement or private security.
�	�������(c)��A person may not be a member of the commission or act as
�	the general counsel to the commission if the person is required to
�	register as a lobbyist under Chapter 305 because of the person's
�	activities for compensation on behalf of a profession related to
�	the operation of the commission.
�	�������SECTION�5.03.��Subchapter A, Chapter 411, Government Code,
�	is amended by adding Section 411.0042 to read as follows:
�	�������Sec.�411.0042.��DIVISION OF RESPONSIBILITIES. The
�	commission shall develop and implement policies that clearly
�	separate the policymaking responsibilities of the commission and
�	the management responsibilities of the director and the staff of
�	the department.
�	�������SECTION�5.04.��Subchapter A, Chapter 411, Government Code,
�	is amended by adding Section 411.0043 to read as follows:
�	�������Sec.�411.0043.��TECHNOLOGY POLICY. �The commission shall
�	implement a policy requiring the department to use appropriate
�	technological solutions to improve the department's ability to
�	perform its functions. The policy must ensure that the public is
�	able to interact with the department on the Internet.
�	�������SECTION�5.05.��Subchapter A, Chapter 411, Government Code,
�	is amended by adding Section 411.0044 to read as follows:
�	�������Sec.�411.0044.��NEGOTIATED RULEMAKING AND ALTERNATIVE
�	DISPUTE RESOLUTION. �(a) �The commission shall develop and
�	implement a policy to encourage the use of:
�	�������������(1)��negotiated rulemaking procedures under Chapter
�	2008 for the adoption of department rules; and
�	�������������(2)��appropriate alternative dispute resolution
�	procedures under Chapter 2009 to assist in the resolution of
�	internal and external disputes under the department's
�	jurisdiction.
�	�������(b)��The department's procedures relating to alternative
�	dispute resolution must conform, to the extent possible, to any
�	model guidelines issued by the State Office of Administrative
�	Hearings for the use of alternative dispute resolution by state
�	agencies.
�	�������(c)��The commission shall designate a trained person to:
�	�������������(1)��coordinate the implementation of the policy
�	adopted under Subsection (a);
�	�������������(2)��serve as a resource for any training needed to
�	implement the procedures for negotiated rulemaking or alternative
�	dispute resolution; and
�	�������������(3)��collect data concerning the effectiveness of those
�	procedures, as implemented by the department.
�	�������SECTION�5.06.��The heading to Section 411.005, Government
�	Code, is amended to read as follows:
�	�������Sec.�411.005.��DIRECTOR, DEPUTY DIRECTORS,�AND ASSISTANT
�	DIRECTORS�[DIRECTOR].
�	�������SECTION�5.07.��Section 411.005, Government Code, is amended
�	by amending Subsections (a), (b), and (c) to read as follows:
�	�������(a)��The commission shall appoint a citizen of the United
�	States [this state] as public safety director. The director serves
�	until removed by the commission.
�	�������(b)��The director may appoint, with the advice and consent of
�	the commission, deputy directors and�assistant directors who shall
�	perform the duties that the director designates. Deputy directors
�	and�[An] assistant directors serve�[director serves] until removed
�	by the director.
�	�������(c)��The commission shall select the director, and the
�	director shall select deputy directors and assistant directors�[an
�	assistant director], on the basis of the person's training,
�	experience, and qualifications for the position. �[The director and
�	an assistant director must have five years' experience, preferably
�	in police or public administration.] The director, [and an
�	assistant director] deputy directors, and assistant directors�are
�	entitled to annual salaries as provided by the legislature.
�	�������SECTION�5.08.��Section 411.015(b), Government Code, is
�	amended to read as follows:
�	�������(b)��[The number of divisions may not exceed the number of
�	divisions existing on August 22, 1957.] The division relating to
�	the Texas Rangers may not be abolished.
�	�������SECTION�5.09.��Sections 411.0195(a), (b), and (c),
�	Government Code, are amended to read as follows:
�	�������(a)��The department shall maintain a system to promptly and
�	efficiently act on [prepare information of public interest
�	describing the functions of the department and the department's
�	procedures by which] complaints [are] filed with [and resolved by]
�	the department. The department shall maintain [make the]
�	information about parties to the complaint, the subject matter of
�	the complaint, a summary of the results of the review or
�	investigation of the complaint, and its disposition [available to
�	the public and appropriate state agencies].
�	�������(b)��The department shall make information available
�	describing its procedures for complaint investigation and
�	resolution [director by rule shall establish methods by which
�	consumers and service recipients are notified of the name, mailing
�	address, and telephone number of the department for the purpose of
�	directing complaints to the department].
�	�������(c)��The department shall periodically notify the complaint
�	parties of the status of the complaint until final disposition
�	[maintain a file on each written complaint filed with the
�	department. The file must include:
�	�������������[(1)��the name of the person who filed the complaint;
�	�������������[(2) � � the date the complaint is received by the
�	department;
�	�������������[(3)��the subject matter of the complaint;
�	�������������[(4) � � the name of each person contacted in relation to
�	the complaint;
�	�������������[(5) � � a summary of the results of the review or
�	investigation of the complaint; and
�	�������������[(6) � � an explanation of the reason the file was closed,
�	if the agency closed the file without taking action other than to
�	investigate the complaint].
�	�������SECTION�5.10.��Section 411.188, Government Code, is amended
�	by adding Subsection (j) to read as follows:
�	�������(j)��The department may offer online, or allow a qualified
�	handgun instructor to offer online, the continuing education
�	instruction course and written section of the proficiency
�	examination required to renew a license.
�	�������SECTION�5.11.��Section 411.190, Government Code, is amended
�	by adding Subsection (d-1) to read as follows:
�	�������(d-1)��The department shall ensure that an applicant may
�	renew certification under Subsection (d) from any county in this
�	state by using an online format to complete the required retraining
�	courses if:
�	�������������(1)��the applicant is renewing certification for the
�	first time; or
�	�������������(2)��the applicant completed the required retraining
�	courses in person the previous time the applicant renewed the
�	certificate.
�	�������SECTION�5.12.��The heading to Section 411.244, Government
�	Code, is amended to read as follows:
�	�������Sec.�411.244.��OFFICE OF INSPECTOR GENERAL�[INTERNAL
�	AFFAIRS].
�	�������SECTION�5.13.��Section 411.244, Government Code is amended
�	by amending Subsections (a), (b), (d), (e), and (f), and by adding
�	Subsection (g) to read as follows:
�	�������(a) �The commission�[director] shall establish the office of
�	inspector general, which is responsible for:
�	�������������(1)��acting to prevent and detect serious breaches of
�	departmental policy, fraud, and abuse of office, including any acts
�	of criminal conduct within the department; and
�	�������������(2)��independently and objectively reviewing,
�	investigating, delegating an investigation, and overseeing the
�	investigation of administrative and all other allegations of
�	conduct referred to in (a)(1) above and the following:
�	�������������������(A)��criminal activity occurring in all divisions
�	of the department;
�	�������������������(B)��allegations of wrongdoing by department
�	employees;
�	�������������������(C)��crimes committed on department property; and
�	�������������������(D)��serious breaches of department policy
�	[internal affairs].
�	�������(b)��The office of inspector general�[internal affairs] has
�	[original] departmental jurisdiction for oversight and
�	coordination�over all investigations occurring on department
�	property or involving department employees. The office shall
�	coordinate and provide oversight, but need not conduct, all
�	investigations under this section. �The inspector general shall
�	delegate criminal allegations arising under this section to the
�	Texas Ranger division or the Criminal Law Enforcement division of
�	the department for investigation or referral back to the inspector
�	general for further action. �However the inspector general shall
�	continually monitor referred matters and report to the commission
�	along with any other division investigating a matter on its status
�	while pending.
�	�������(d)��The commission has direct oversight over the office of
�	inspector general, including decisions regarding budget and
�	staffing.��The commission�[director] shall appoint the inspector
�	general�[head of the office of internal affairs]. �The inspector
�	general�[head of the office of internal affairs] serves until
�	removed by the commission [director]. �The commission shall
�	establish policies to ensure that the commission continues to
�	oversee the office of inspector general as required by this
�	subsection and to ensure that the office of inspector general
�	retains and exercises its original jurisdiction under Subsection
�	(b).
�	�������(e)��The inspector general�[head of the office of internal
�	affairs] shall report directly to the commission�[director]
�	regarding performance of and activities related to investigations,
�	report to the director for administrative purposes, and provide the
�	director with information regarding investigations as appropriate.
�	�������(f)��The inspector general�[head of the office of internal
�	affairs] shall present at each regularly scheduled commission
�	meeting and at other appropriate times:
�	�������������(1)��reports of investigations; and
�	�������������(2)��a summary of information relating to
�	investigations conducted under this section that includes analysis
�	of the number, type, and outcome of investigations, trends in the
�	investigations, and recommendations to avoid future complaints.
�	�������(g)��This chapter or other law related to the operation of
�	the department's office of inspector general does not preempt the
�	authority of the state auditor to conduct an audit or investigation
�	under Chapter 321 or other law.
�	�������SECTION�5.14.��Section 662.005(b), Government Code, is
�	amended to read as follows:
�	�������(b)��Except as provided by Section 662.010, and
�	notwithstanding Section 659.015 or another law, a state employee
�	who is a peace officer commissioned by a state officer or state
�	agency listed under Article 2.12, Code of Criminal Procedure, or
�	who is employed by the Department of Public Safety either to perform
�	communications or dispatch services related to traffic law
�	enforcement or as a public security officer, as that term is defined
�	by Section 1701.001, Occupations Code,�and who is required to work
�	on a national or state holiday that falls on a Saturday or Sunday is
�	entitled to compensatory time off at the rate of one hour for each
�	hour worked on the holiday.
�	�������SECTION�5.15.��Sections 411.0195(d) and (e), Government
�	Code, are repealed.
�	�������SECTION�5.16.��The changes in law made by this article by the
�	amendment of Section 411.0035, Government Code, apply only to a
�	person first appointed to the Public Safety Commission or employed
�	by the Department of Public Safety of the State of Texas on or after
�	the effective date of this Act. A person first appointed or
�	employed before the effective date of this Act is governed by the
�	law in effect immediately before that date, and the former law is
�	continued in effect for that purpose.
�	�������SECTION�5.17.��The changes in law made by this article by the
�	amendment of Section 411.0195, Government Code, apply only to a
�	complaint filed on or after the effective date of this Act. A
�	complaint filed before the effective date of this Act is governed by
�	the law in effect when the complaint was filed, and the former law
�	is continued in effect for that purpose.
�	�������SECTION�5.18.��The Department of Public Safety of the State
�	of Texas shall take action as necessary to ensure that an applicant
�	may renew a qualified handgun instructor certification from any
�	county in this state, as required by Section 411.190(d-1),
�	Government Code, as added by this Act, not later than March 1, 2010.
�	�������SECTION�5.19.��The Department of Public Safety shall develop
�	customer service training requirements that at a minimum must be
�	completed by the staff of the driver license division that interact
�	with the public. �Each new employee of the division that is required
�	to complete this training, as a condition of employment, must do so
�	by the end of the third month of employment. �Thereafter, each
�	employee that the training applies to shall participate annually in
�	this training.
�	�������SECTION�5.20.��The Department of Public Safety shall develop
�	cultural diversity training requirements to be completed by all
�	staff of the drivers license division. �Each new employee of the
�	division, as a condition of employment, must complete the training
�	by the end of the third month of employment. �Thereafter, each
�	employee in the division shall participate annually in the
�	diversity training.
�	�������SECTION�5.21.��The Department of Public Safety shall develop
�	training requirements regarding proof of citizenship documents. �At
�	a minimum, this training must be completed by all staff in the
�	drivers license division. �Each new employee of this division, as a
�	condition of employment, must complete the training by the end of
�	the third month of employment. �Thereafter, each employee of the
�	division shall participate annually in this training.
�	ARTICLE 6. ADDITIONAL PROVISIONS
�	�������SECTION�6.01.��Section 411.00755(b), Government Code, is
�	amended to read as follows:
�	�������(b)��The [Notwithstanding Chapter 552, the] personnel
�	records of a commissioned officer of the department may not be
�	disclosed or otherwise made available to the public, except the
�	department shall release in accordance with Chapter 552:
�	�������������(1)��any letter, memorandum, or document relating to:
�	�������������������(A)��a commendation, congratulation, or honor
�	bestowed on the officer for an action, duty, or activity that
�	relates to the officer's official duties; and
�	�������������������(B)��misconduct by the officer, if the letter,
�	memorandum, or document resulted in disciplinary action;
�	�������������(2)��the state application for employment submitted by
�	the officer, but not including any attachments to the application;
�	�������������(3)��any reference letter submitted by the officer;
�	�������������(4)��any letter of recommendation for the officer;
�	�������������(5)��any employment contract with the officer;
�	�������������(6)��any periodic evaluation of the officer by a
�	supervisor;
�	�������������(7)��any document recording a promotion or demotion of
�	the officer;
�	�������������(8)��any request for leave by the officer;
�	�������������(9)��any request by the officer for transfers of shift
�	or duty assignments;
�	�������������(10)��any documents presented to the commission in
�	connection with a public hearing under Section 411.007(f);
�	�������������(11)��the officer's:
�	�������������������(A)��name;
�	�������������������(B)��age;
�	�������������������(C)��dates of employment;
�	�������������������(D)��positions held; and
�	�������������������(E)��gross salary; and
�	�������������(12)��information about the location of the officer's
�	department duty assignments.
�	�������SECTION�6.02.��Subchapter A, Chapter 411, Government Code,
�	is amended by adding Section 411.0161 to read as follows:
�	�������Sec.�411.0161.��DONATION OF ACCRUED COMPENSATORY TIME OR
�	ACCRUED ANNUAL LEAVE FOR LEGISLATIVE PURPOSES. �(a) �The director
�	shall allow a department employee to voluntarily transfer to a
�	legislative leave pool up to eight hours of compensatory time or
�	annual leave per year earned by the employee.
�	�������(b)��The director or designee shall administer the
�	legislative leave pool.
�	�������(c)��The Public Safety Commission shall adopt rules and
�	prescribe procedures relating to the operation of the legislative
�	leave pool.
�	�������(d)��The director or designee shall credit the legislative
�	leave pool with the amount of time contributed by an employee and
�	deduct a corresponding amount of time from the employee's earned
�	compensatory time or annual leave as if the employee had used the
�	time for personal purposes.
�	�������(e)��An employee is entitled to use time contributed to the
�	legislative leave pool if the employee uses the time for
�	legislative leave on behalf of a law enforcement association of at
�	least 1,000 active or retired members governed by a board of
�	directors.
�	�������(f)��The director of the pool administrator shall transfer
�	time from the pool to the employee and credit the time to the
�	employee.
�	�������(g)��An employee may only withdraw time from the legislative
�	leave pool in coordination and with the consent of the president or
�	designee of the law enforcement association described in Subsection
�	(e), and may not draw more than 80 hours of time from the pool in a
�	160-hours work cycle with the maximum time taken not to exceed 480
�	hours per fiscal year.
�	�������(h)��In addition to Subsection (g), the use of any time from
�	the legislative leave pool must also be in accordance with rules
�	adopted by the Public Safety Commission.
�	�������SECTION�6.03.��Section 411.192, Government Code, is amended
�	by amending Subsections (a) and (d) and adding Subsection (e) to
�	read as follows:
�	�������(a)��The department shall disclose to a criminal justice
�	agency information contained in its files and records regarding
�	whether a named individual or any individual named in a specified
�	list is licensed under this subchapter. Information on an
�	individual subject to disclosure under this section includes the
�	individual's name, date of birth, gender, race, [and] zip code,
�	telephone number, e-mail address, and Internet website address.
�	Except as otherwise provided by this section and by Section
�	411.193, all other records maintained under this subchapter are
�	confidential and are not subject to mandatory disclosure under the
�	open records law, Chapter 552.
�	�������(d)��The�[This section does not prohibit the] department
�	shall make [from making] public and distribute [distributing] to
�	the public at no cost lists of individuals who are certified as
�	qualified handgun instructors by the department and who request to
�	be included as provided by Subsection (e). The department shall
�	include on the lists each individual's name, telephone number,
�	e-mail address, and Internet website address. The department shall
�	make the list available on the department's Internet website.
�	�������(e)��An individual who is certified as a qualified handgun
�	instructor may request in writing that the department disclose all
�	or part of the information described by Subsection (d) regarding
�	the individual. The department shall include all or part of the
�	individual's information on the list as requested.
�	�������SECTION�6.04.��Section 614.151(2), Government Code, as added
�	by Chapter 1159 (H.B. 12), Acts of the 80th Legislature, Regular
�	Session, 2007, is amended to read as follows:
�	�������������(2)��"Law enforcement officer" means a person who[:
�	�������������������[(A)]��is a commissioned peace officer[;
�	�������������������[(B)��is] employed by a law enforcement agency[;
�	and
�	�������������������[(C)��is compensated according to:
�	�������������������������[(i) � � Schedule C of the position
�	classification salary schedule prescribed by the General
�	Appropriations Act if the person is employed by a law enforcement
�	agency other than the Parks and Wildlife Department; or
�	�������������������������[(ii) � � Schedule B or C of the position
�	classification salary schedule prescribed by the General
�	Appropriations Act if the person is employed by the Parks and
�	Wildlife Department].
�	�������SECTION�6.05.��Section 614.152, Government Code, as added by
�	Chapter 1159 (H.B. 12), Acts of the 80th Legislature, Regular
�	Session, 2007, is amended by amending the section heading and
�	Subsections (a) and (c) and by adding Subsections (a-1) and (a-2) to
�	read as follows:
�	�������Sec.�614.152.��PHYSICAL FITNESS PROGRAMS AND STANDARDS. (a)
�	Each�[Out of appropriated funds, each] law enforcement agency shall
�	adopt physical fitness programs that a law enforcement officer must
�	participate in and physical fitness standards that a law
�	enforcement officer must meet [to continue employment with the
�	agency as a law enforcement officer]. The standards as applied to
�	an officer must directly relate to the officer's job duties and
�	shall include individual fitness goals specific to the officer's
�	age and gender. A law enforcement agency shall use the services of
�	a consultant to aid the agency in developing the standards.
�	�������(a-1)��Each law enforcement agency shall adopt a reward
�	policy that provides for reward incentives to officers who
�	participate in the program and meet the standards adopted under
�	Subsection (a). The reward incentives under the policy must be an
�	amount of administrative leave of not more than four days per year.
�	�������(a-2)��An agency may adopt physical readiness standards
�	independent of other law enforcement agencies.
�	�������(c)��A law enforcement agency may exempt a law enforcement
�	officer from participating in a program or meeting a standard under
�	Subsection (a) based on the facts and circumstances of the
�	individual case, including whether an officer was injured in the
�	line of duty.
�	�������SECTION�6.06.��Section 411.171(4), Government Code, is
�	amended to read as follows:
�	�������������(4)��"Convicted" means an adjudication of guilt or,
�	except as provided in Section 411.1711, an order of deferred
�	adjudication entered against a person by a court of competent
�	jurisdiction whether or not the imposition of the sentence is
�	subsequently probated and the person is discharged from community
�	supervision.��The term does not include an adjudication of guilt or
�	an order of deferred adjudication that has been subsequently:
�	�������������������(A)��expunged; [or]
�	�������������������(B)��pardoned under the authority of a state or
�	federal official; or
�	�������������������(C)��otherwise vacated, set aside, annulled,
�	invalidated, voided, or sealed under any state or federal law.
�	�������SECTION�6.07.��Subchapter C, Chapter 521, Transportation
�	Code, is amended by adding Section 521.060 to read as follows:
�	�������Sec.�521.060.��DRIVER RECORD MONITORING PILOT PROGRAM. �
�	(a)��The department by rule may establish a driver record
�	monitoring pilot program. �The term of the pilot program may not
�	exceed one year.
�	�������(b)��Under the pilot program, the department may enter into a
�	contract with a person to provide driver record monitoring
�	services, as described by Subsection (c), and certain information
�	from the department's driver's license records to the person, if the
�	person:
�	�������������(1)��is an employer, an insurer, an insurance support
�	organization, an employer support organization, or an entity that
�	self-insures its motor vehicles; and
�	�������������(2)��is eligible to receive the information under
�	Chapter 730.
�	�������(c)��A contract entered into by the department must require:
�	�������������(1)��the department, during the term of the contract,
�	to:
�	�������������������(A)��monitor the driver record of each holder of a
�	driver's license issued by the department that is requested by the
�	person with whom the department has contracted;
�	�������������������(B)��identify any change in the status of a
�	driver's license or any conviction for a traffic offense reported
�	to the department during the monitoring period; and
�	�������������������(C)��periodically, as specified in the contract,
�	provide reports of those individuals identified as having a change
�	in status or convictions to the person with whom the department has
�	contracted; and
�	�������������(2)��the person with whom the department has
�	contracted:
�	�������������������(A)��to purchase under Section 521.046 a copy of
�	the driver record of each individual identified in a report
�	provided under Subdivision (1)(C);
�	�������������������(B)��to warrant that:
�	�������������������������(i)��the person will not directly or
�	indirectly disclose information received from the department under
�	the contract to a third party without the express written consent of
�	the department, except as required by law or legal process; and
�	�������������������������(ii)��if a disclosure is required by law or
�	legal process, the person will immediately notify the department so
�	that the department may seek to oppose, limit, or restrict the
�	required disclosure; and
�	�������������������(C)��if the person is an insurance support
�	organization, to warrant that the person will not seek to obtain
�	information about a holder of a driver's license under the contract
�	unless the license holder is insured by a client of the
�	organization, and that the person will provide the department with
�	the name of each client to whom the insurance support organization
�	provides information received from the department under the
�	contract.
�	�������(d)��The attorney general may file a suit against a person
�	with whom the department has contracted under this section for:
�	�������������(1)��injunctive relief to prevent or restrain the
�	person from violating a term of the contract or from directly or
�	indirectly disclosing information received from the department
�	under the contract in a manner that violates the terms of the
�	contract; or
�	�������������(2)��a civil penalty in an amount not to exceed $2,000
�	for each disclosure in violation of those terms.
�	�������(e)��If the attorney general brings an action against a
�	person under Subsection (d) and an injunction is granted against
�	the person or the person is found liable for a civil penalty, the
�	attorney general may recover reasonable expenses, court costs,
�	investigative costs, and attorney's fees. �Each day a violation
�	continues or occurs is a separate violation for purposes of
�	imposing a penalty under Subsection (d).
�	�������(f)��A violation of the terms of a contract entered into with
�	the department by the person with whom the department has
�	contracted is a false, misleading, or deceptive act or practice
�	under Subchapter E, Chapter 17, Business & Commerce Code.
�	�������(g)��A civil action brought under this section shall be filed
�	in a district court:
�	�������������(1)��in Travis County; or
�	�������������(2)��in any county in which the violation occurred.
�	�������(h)��A person with whom the department has contracted under
�	this section commits an offense if the person directly or
�	indirectly discloses information received from the department
�	under the contract in a manner that violates the terms of the
�	contract. �An offense under this subsection is a Class B
�	misdemeanor. �If conduct constituting an offense under this
�	subsection also constitutes an offense under another law, the actor
�	may be prosecuted under this subsection, the other law, or both.
�	�������(i)��The department shall impose a fee on each person with
�	whom the department contracts under this section for the services
�	provided by the department under the contract. �The fee must be
�	reasonable and be not less than the amount necessary to allow the
�	department to recover all reasonable costs to the department
�	associated with entering into the contract and providing services
�	to the person under the contract, including direct, indirect, and
�	administrative costs and costs related to the development and
�	deployment of the pilot program.
�	�������(j)��The department may establish a reasonable deadline by
�	which a person must apply to enter into a contract with the
�	department under this section and may not enter into a contract with
�	a person who fails to apply before that deadline.
�	�������(k)��To the fullest extent practicable, the services of the
�	department under a contract entered into under this section shall
�	be provided by, through, or in conjunction with the interactive
�	system established under Section 521.055.
�	�������(l)��At the conclusion of the term of the pilot program, and
�	on the recommendation of the department, the commission may
�	authorize the department to implement the pilot program as a
�	permanent program.
�	�������(m)��Before the department recommends that the pilot program
�	be implemented as a permanent program, the department shall submit
�	to the lieutenant governor, the speaker of the house of
�	representatives, and each member of the legislature a report that
�	contains an analysis of the scope, effectiveness, and cost benefits
�	of the pilot program. �The report must include:
�	�������������(1)��a list of each insurance support organization with
�	which the department has contracted under this section; and
�	�������������(2)��a list of each client to whom the insurance support
�	organization has provided information received from the department
�	under this section.
�	�������SECTION�6.08.��Subchapter S, Chapter 521, Transportation
�	Code, is amended by adding Section 521.4565 to read as follows:
�	�������Sec.�521.4565.��CONSPIRING TO MANUFACTURE COUNTERFEIT
�	LICENSE OR CERTIFICATE. (a) �In this section:
�	�������������(1)��"Combination," "conspires to commit," "profits,"
�	and "criminal street gang" have the meanings assigned by Section
�	71.01, Penal Code.
�	�������������(2)��"Conspires to manufacture or produce" means that:
�	�������������������(A)��a person agrees with one or more other
�	persons to engage in the manufacture or production of a forged or
�	counterfeit instrument; and
�	�������������������(B)��the person and one or more of the other
�	persons perform an overt act in pursuance of the agreement.
�	�������������(3)��"Instrument" means a driver's license, commercial
�	driver's license, or personal identification certificate.
�	�������������(4)��"Public servant" has the meaning assigned by
�	Section 1.07, Penal Code.
�	�������(b)��A person commits an offense if the person establishes,
�	maintains, or participates in or conspires to establish, maintain,
�	or participate in a combination or criminal street gang, or
�	participates in the profits of a combination or criminal street
�	gang, with the intent to manufacture or produce a forged or
�	counterfeit instrument for the purpose of selling, distributing, or
�	delivering the instrument. An agreement that constitutes
�	conspiring to manufacture or produce may be inferred from the acts
�	of the parties.
�	�������(c)��An offense under this section is a state jail felony,
�	except that an offense committed by a public servant is a felony of
�	the third degree.
�	�������SECTION�6.09.��Section�548.005, Transportation Code, is
�	amended to read as follows:
�	�������Sec.�548.005.��INSPECTION ONLY BY STATE-CERTIFIED AND
�	SUPERVISED INSPECTION STATION. A compulsory inspection under this
�	chapter may be made only by an inspection station, except that the
�	department may:
�	�������������(1)��permit inspection to be made by an inspector under
�	terms and conditions the department prescribes; [and]
�	�������������(2)��authorize the acceptance in this state of a
�	certificate of inspection and approval issued in another state
�	having a similar inspection law; and
�	�������������(3)��authorize the acceptance in this state of a
�	certificate of inspection and approval issued in compliance with 49
�	C.F.R. Part 396 to a motor bus, as defined by Section 502.001, that
�	is registered in this state but is not domiciled in this state.
�	�������SECTION 6.10.��Section 708.157(c), Transportation Code, is
�	amended to read as follows:
�	�������(c)��The department by rule shall�[may] establish an
�	indigency program for holders of a driver's license on which a
�	surcharge has been assessed for certain offenses, as determined by
�	the department.
�	�������SECTION�6.11.��Section 22.0834, Education Code, is amended
�	by adding Subsections (k), (l), (m), (n), (o), and (p) to read as
�	follows:
�	�������(k)��The requirements of this section apply to an entity that
�	contracts directly with a school district, open-enrollment charter
�	school, or shared services arrangement and any subcontractor of the
�	entity.
�	�������(l)��A contracting entity shall require that a
�	subcontracting entity obtain all criminal history record
�	information that relates to an employee to whom Subsection (a)
�	applies. If a contracting or subcontracting entity determines that
�	Subsection (a) does not apply to an employee, the contracting or
�	subcontracting entity shall make a reasonable effort to ensure that
�	the conditions or precautions that resulted in the determination
�	that Subsection (a) did not apply to the employee continue to exist
�	throughout the time that the contracted services are provided.
�	�������(m)��A contracting entity complies with the requirements of
�	this section if the contracting entity obtains a written statement
�	from each subcontracting entity certifying that the subcontracting
�	entity has obtained the required criminal history record
�	information for employees of the subcontracting entity and the
�	subcontracting entity has obtained certification from each of the
�	subcontracting entity's subcontractors.
�	�������(n)��A subcontracting entity must certify to the school
�	district, open-enrollment charter school, or shared services
�	arrangement and the contracting entity that the subcontracting
�	entity has obtained all criminal history record information that
�	relates to an employee to whom Subsection (a) applies and has
�	obtained similar written certifications from the subcontracting
�	entity's subcontractors.
�	�������(o)��A contracting or subcontracting entity may not permit an
�	employee to whom Subsection (a) applies to provide services at a
�	school if the employee has been convicted of a felony or misdemeanor
�	offense that would prevent a person from obtaining certification as
�	an educator under Section 21.060.
�	�������(p)��In this section:
�	�������������(1)��"Contracting entity" means an entity that
�	contracts directly with a school district, open-enrollment charter
�	school, or shared services arrangement to provide services to the
�	school district, open-enrollment charter school, or shared
�	services arrangement.
�	�������������(2)��"Subcontracting entity" means an entity that
�	contracts with another entity that is not a school district,
�	open-enrollment charter school, or shared services arrangement to
�	provide services to a school district, open-enrollment charter
�	school, or shared services arrangement.
�	ARTICLE 7.��TEXAS RANGERS'�UNSOLVED CRIMES INVESTIGATION TEAM
�	�������SECTION�7.01.��The heading to Subchapter J, Chapter 411,
�	Government Code, is amended to read as follows:
�	SUBCHAPTER J. �UNSOLVED CRIMES INVESTIGATION PROGRAM [TEAM]
�	�������SECTION�7.02.��Section 411.262, Government Code, is amended
�	to read as follows:
�	�������Sec.�411.262.��UNSOLVED CRIMES INVESTIGATION PROGRAM
�	[TEAM]. (a)��The unsolved crimes investigation program [team] is
�	an investigative program [investigatory unit] within the
�	department.
�	�������(b)��The program is a function [team will be located at the
�	headquarters] of the Texas Rangers [in Austin, Texas,] and will be
�	commanded by the chief of the Texas Rangers.
�	�������(c)��The director may employ commissioned peace officers and
�	noncommissioned employees to perform duties required of the program
�	[team].
�	�������(d)��To be eligible for employment under this section, a
�	peace officer must be a sergeant or higher-ranked officer of the
�	Texas Rangers and must have [not less than four years of experience
�	as a peace officer and:
�	�������������[(1) � � a degree from an accredited institution of higher
�	education in law, accounting, or computer science; or
�	�������������[(2)]��two or more years of experience in the
�	investigation of homicides or other major felonies.
�	�������(e)��To be eligible for employment under this section, a
�	noncommissioned employee must meet the experience, training, and
�	educational qualifications set by the director as requirements for
�	investigating or assisting in the investigation of an unsolved
�	crime.
�	�������SECTION�7.03.��Section 411.263, Government Code, is amended
�	to read as follows:
�	�������Sec.�411.263.��ASSISTANCE ON REQUEST. �On the request of an
�	attorney representing the state and with the approval of the
�	director, employees of�the unsolved crimes investigation program
�	[team] of the department may assist local law enforcement in the
�	investigation of crime.
�	�������SECTION�7.04.��This article takes effect immediately if this
�	Act 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 article takes effect September 1, 2009.
�	ARTICLE 8.��DISSEMINATION OF EMERGENCY PUBLIC SERVICE MESSAGES
�	�������SECTION�8.01.��Section 418.047, Government Code, is amended
�	by adding Subsection (a-1) to read as follows:
�	�������(a-1)��The division shall coordinate with the Texas
�	Department of Transportation to establish additional methods for
�	disseminating emergency public service messages to motorists,
�	including:
�	�������������(1)��severe weather advisories;
�	�������������(2)��AMBER alerts under Subchapter L, Chapter 411; and
�	�������������(3)��silver alerts under Subchapter M, Chapter 411.
�	ARTICLE 9.��AUTHORITY OF DEPARTMENT TO OBTAIN AND USE CRIMINAL
�	HISTORY RECORD INFORMATION FOR CERTAIN DEPARTMENTAL AUTHORIZATIONS
�	�������SECTION�9.01.��Subchapter F, Chapter 411, Government Code,
�	is amended by adding Section 411.0891 to read as follows:
�	�������Sec.�411.0891.��DEPARTMENT ACCESS TO CRIMINAL HISTORY RECORD
�	INFORMATION: CERTAIN DEPARTMENTAL AUTHORIZATIONS. (a) Subject to
�	Section 411.087, the department is authorized to obtain and use
�	criminal history record information maintained by the Federal
�	Bureau of Investigation or the department that relates to a person
�	who:
�	�������������(1)��is an applicant for or holds a registration issued
�	by the director under Subchapter C, Chapter 481, Health and Safety
�	Code, that authorizes the person to manufacture, distribute,
�	analyze, or conduct research with a controlled substance;
�	�������������(2)��is an applicant for or holds a chemical precursor
�	transfer permit issued by the director under Section 481.078,
�	Health and Safety Code;
�	�������������(3)��is an applicant for or holds a chemical laboratory
�	apparatus transfer permit issued by the director under Section
�	481.081, Health and Safety Code;
�	�������������(4)��is an applicant for certification by the
�	department as an inspection station or an inspector under
�	Subchapter G, Chapter 548, Transportation Code, holds an inspection
�	station or inspector certificate issued under that subchapter, or
�	is the owner of an inspection station operating under that chapter;
�	or
�	�������������(5)��is an applicant for approval or has been approved
�	as a program sponsor by the department under Chapter 662,
�	Transportation Code, is an applicant for certification by the
�	department as an instructor under that chapter, or holds an
�	instructor certificate issued under that chapter.
�	�������(b)��The department may release or disclose criminal history
�	record information obtained or used by the department for a purpose
�	described by Subsection (a) to another person or agency only:
�	�������������(1)��in a criminal proceeding;
�	�������������(2)��in a hearing conducted by the department;
�	�������������(3)��under an order from a court; or
�	�������������(4)��with the consent of the person who is the subject
�	of the criminal history record information.
�	�������(c)��This section may not be construed to limit the authority
�	of the department to disseminate criminal history record
�	information as provided by Section 411.083.
�	�������SECTION�9.02.��This article takes effect immediately if this
�	Act 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 article takes effect September 1, 2009.
�	ARTICLE 9A. �DISCLOSURE OF CRIMINAL HISTORY RECORD INFORMATION
�	REGARDING PUBLIC SCHOOL EMPLOYEES
�	�������SECTION�9A.01.��Section 411.084, Government Code, is amended
�	by amending Subsection (a) and adding Subsections (a-1) and (c) to
�	read as follows:
�	�������(a)��Criminal history record information obtained from the
�	department under this subchapter, including any identification
�	information that could reveal the identity of a person about whom
�	criminal history record information is requested and information
�	that directly or indirectly indicates or implies involvement of a
�	person in the criminal justice system:
�	�������������(1)��is for the exclusive use of the authorized
�	recipient of the information; and
�	�������������(2)��may be disclosed or used by the recipient only if,
�	and only to the extent that, disclosure or use is authorized or
�	directed by:
�	�������������������(A)��this subchapter;
�	�������������������(B)��another statute;
�	�������������������(C)��a rule adopted under a statute; or
�	�������������������(D)��an order of a court of competent
�	jurisdiction.
�	�������(a-1)��The term "criminal history record" information under
�	Subsection (a) does not refer to any specific document produced to
�	comply with this subchapter but to the information contained,
�	wholly or partly, in a document's original form or any subsequent
�	form or use.
�	�������(c)��An agency or individual may not confirm the existence or
�	nonexistence of criminal history record information to any person
�	that is not eligible to receive the information.
�	�������SECTION�9A.02.�Sections 411.090(b) and (c), Government Code,
�	are amended to read as follows:
�	�������(b)��Criminal history record information obtained by the
�	board in the original form or any subsequent form [under Subsection
�	(a)]:
�	�������������(1)��may be used only for a [any] purpose related to the
�	issuance, denial, suspension, or cancellation of a certificate
�	issued by the board;
�	�������������(2)��may not be released to any person except:
�	�������������������(A)��the person who is the subject of the
�	information;
�	�������������������(B)��the Texas Education Agency;
�	�������������������(C)��a local or regional educational entity as
�	provided by Section 411.097; or
�	�������������������(D)��by [on] court order [or with the consent of
�	the applicant for a certificate]; [and]
�	�������������(3)��is not subject to disclosure as provided by
�	Chapter 552; and
�	�������������(4)��shall be destroyed by the board after the
�	information is used for the authorized purposes.
�	�������(c)��The department shall notify the State Board for Educator
�	Certification of the arrest of any educator, as defined by Section
�	5.001, Education Code, who has fingerprints on file with the
�	department. Any record of the notification and any information
�	contained in the notification is not subject to disclosure as
�	provided by Chapter 552.
�	�������SECTION�9A.03.��Section 411.0901, Government Code, is
�	amended to read as follows:
�	�������Sec.�411.0901.��ACCESS TO CRIMINAL HISTORY RECORD
�	INFORMATION: TEXAS EDUCATION AGENCY. (a)��The Texas Education
�	Agency is entitled to obtain criminal history record information
�	maintained by the department about a person who:
�	�������������(1)��is employed or is an applicant for employment by a
�	school district or open-enrollment charter school;
�	�������������(2)��is employed or is an applicant for employment by a
�	shared services arrangement, if the employee's or applicant's
�	duties are or will be performed on school property or at another
�	location where students are regularly present; or
�	�������������(3)��is employed or is an applicant for employment by an
�	entity that contracts with a school district, open-enrollment
�	charter school, or shared services arrangement if:
�	�������������������(A)��the employee or applicant has or will have
�	continuing duties relating to the contracted services; and
�	�������������������(B)��the employee or applicant has or will have
�	direct contact with students.
�	�������(b)��Criminal history record information obtained by the
�	agency in the original form or any subsequent form:
�	�������������(1)��may be used only for a purpose authorized by the
�	Education Code;
�	�������������(2)��may not be released to any person except:
�	�������������������(A)��the person who is the subject of the
�	information;
�	�������������������(B)��the State Board for Educator Certification;
�	�������������������(C)��a local or regional educational entity as
�	provided by Section 411.097; or
�	�������������������(D)��by court order;
�	�������������(3)��is not subject to disclosure as provided by
�	Chapter 552; and
�	�������������(4)��shall be destroyed by the agency after the
�	information is used for the authorized purposes.
�	�������SECTION�9A.04.��Section 411.097, Government Code, is amended
�	by amending Subsection (d) and adding Subsection (f) to read as
�	follows:
�	�������(d)��Criminal history record information obtained by a
�	school district, charter school, private school, service center,
�	commercial transportation company, or shared services arrangement
�	in the original form or any subsequent form:
�	�������������(1)��[under Subsection (a), (b), or (c)] may not be
�	released [or disclosed] to any person except:
�	�������������������(A)��[, other than] the individual who is the
�	subject of the information;
�	�������������������(B)��[,] the Texas Education Agency;
�	�������������������(C)��[,] the State Board for Educator
�	Certification;
�	�������������������(D)��[, or] the chief personnel officer of the
�	transportation company, if the information is obtained under
�	Subsection (a)(2); or
�	�������������������(E)��by court order;
�	�������������(2)��is not subject to disclosure as provided by
�	Chapter 552; and
�	�������������(3)��shall be destroyed by the school district, charter
�	school, private school, service center, commercial transportation
�	company, or shared services arrangement on the earlier of:
�	�������������������(A)��the first anniversary of the date the
�	information was originally obtained; or
�	�������������������(B)��the date the information is used for the
�	authorized purpose.
�	�������(f)��An employee of a school district, charter school,
�	private school, regional education service center, commercial
�	transportation company, or education shared services arrangement
�	or an entity that contracts to provide services to a school
�	district, charter school, or shared services arrangement may
�	request from the employer a copy of any criminal history record
�	information relating to that employee that the employer has
�	obtained as provided by Subchapter C, Chapter 22, Education Code.
�	The employer may charge a fee to an employee requesting a copy of
�	the information in an amount not to exceed the actual cost of
�	copying the requested criminal history record information.
�	�������SECTION�9A.05.��Subchapter C, Chapter 22, Education Code, is
�	amended by adding Section 22.08391 to read as follows:
�	�������Sec.�22.08391.��CONFIDENTIALITY OF INFORMATION. (a) �
�	Information collected about a person to comply with this
�	subchapter, including the person's name, address, phone number,
�	social security number, driver's license number, other
�	identification number, and fingerprint records:
�	�������������(1)��may not be released except:
�	�������������������(A)��to comply with this subchapter;
�	�������������������(B)��by court order; or
�	�������������������(C)��with the consent of the person who is the
�	subject of the information;
�	�������������(2)��is not subject to disclosure as provided by
�	Chapter 552, Government Code; and
�	�������������(3)��shall be destroyed by the requestor or any
�	subsequent holder of the information not later than the first
�	anniversary of the date the information is received.
�	�������(b)��Any criminal history record information received by the
�	State Board for Educator Certification as provided by this
�	subchapter is subject to Section 411.090(b), Government Code.
�	�������(c)��Any criminal history record information received by the
�	agency as provided by this subchapter is subject to Section
�	411.0901(b), Government Code.�
�	�������(d)��Any criminal history record information received by a
�	school district, charter school, private school, regional
�	education service center, commercial transportation company, or
�	education shared services arrangement or an entity that contracts
�	to provide services to a school district, charter school, or shared
�	services arrangement as provided by this subchapter is subject to
�	Section 411.097(d), Government Code.
�	�������SECTION�9A.06.��The change in law made by this article
�	applies to information collected, assembled, or maintained before,
�	on, or after the effective date of this article.
�	ARTICLE 10.��COLLECTION, MAINTENANCE, AND TRANSFER AND OTHER
�	DISSEMINATION OF CRIMINAL HISTORY RECORD INFORMATION AND JUVENILE
�	JUSTICE INFORMATION
�	�������SECTION�10.01.��Section 411.042(b), Government Code, as
�	amended by Chapters 70 (H.B. 76), 1306 (S.B. 839), and 1372 (S.B.
�	9), Acts of the 80th Legislature, Regular Session, 2007, is
�	reenacted and amended to read as follows:
�	�������(b)��The bureau of identification and records shall:
�	�������������(1)��procure and file for record photographs, pictures,
�	descriptions, fingerprints, measurements, and other pertinent
�	information of all persons arrested for or charged with a criminal
�	offense or convicted of a criminal offense, regardless of whether
�	the conviction is probated;
�	�������������(2)��collect information concerning the number and
�	nature of offenses reported or known to have been committed in the
�	state and the legal steps taken in connection with the offenses, and
�	other information useful in the study of crime and the
�	administration of justice, including information that enables the
�	bureau to create a statistical breakdown of offenses in which
�	family violence was involved and a statistical breakdown of
�	offenses under Sections 22.011 and 22.021, Penal Code;
�	�������������(3)��make ballistic tests of bullets and firearms and
�	chemical analyses of bloodstains, cloth, materials, and other
�	substances for law enforcement officers of the state;
�	�������������(4)��cooperate with identification and crime records
�	bureaus in other states and the United States Department of
�	Justice;
�	�������������(5)��maintain a list of all previous background checks
�	for applicants for any position regulated under Chapter 1702,
�	Occupations Code, who have undergone a criminal history background
�	check under Section 411.119, if the check indicates a Class B
�	misdemeanor or equivalent offense or a greater offense;
�	�������������(6)��collect information concerning the number and
�	nature of protective orders and all other pertinent information
�	about all persons on active protective orders.��Information in the
�	law enforcement information system relating to an active protective
�	order shall include:
�	�������������������(A)��the name, sex, race, date of birth, personal
�	descriptors, address, and county of residence of the person to whom
�	the order is directed;
�	�������������������(B)��any known identifying number of the person to
�	whom the order is directed, including the person's social security
�	number or driver's license number;
�	�������������������(C)��the name and county of residence of the
�	person protected by the order;
�	�������������������(D)��the residence address and place of employment
�	or business of the person protected by the order, unless that
�	information is excluded from the order under Section 85.007, Family
�	Code;
�	�������������������(E)��the child-care facility or school where a
�	child protected by the order normally resides or which the child
�	normally attends, unless that information is excluded from the
�	order under Section 85.007, Family Code;
�	�������������������(F)��the relationship or former relationship
�	between the person who is protected by the order and the person to
�	whom the order is directed;��and
�	�������������������(G)��the date the order expires; [and]
�	�������������(7)��grant access to criminal history record
�	information in the manner authorized under Subchapter F;
�	�������������(8)�[(7)]��collect and disseminate information
�	regarding offenders with mental impairments in compliance with
�	Chapter 614, Health and Safety Code; and
�	�������������(9)��record data and maintain a state database for a
�	computerized criminal history record system and computerized
�	juvenile justice information system that serves:
�	�������������������(A)��as the record creation point for criminal
�	history record information and juvenile justice information
�	maintained by the state; and
�	�������������������(B)��as the control terminal for the entry of
�	records, in accordance with federal law and regulations, federal
�	executive orders, and federal policy, into the federal database
�	maintained by the Federal Bureau of Investigation.
�	�������SECTION�10.02.��Section 411.083(b), Government Code, is
�	amended to read as follows:
�	�������(b)��The department shall grant access to criminal history
�	record information to:
�	�������������(1)��criminal justice agencies;
�	�������������(2)��noncriminal justice agencies authorized by
�	federal statute or executive order or by state statute to receive
�	criminal history record information;
�	�������������(3)��the person who is the subject of the criminal
�	history record information;
�	�������������(4)��a person working on a research or statistical
�	project that:
�	�������������������(A)��is funded in whole or in part by state funds;
�	or
�	�������������������(B)��meets the requirements of Part 22, Title 28,
�	Code of Federal Regulations, and is approved by the department;
�	�������������(5)��an individual or an agency that has a specific
�	agreement with a criminal justice agency to provide services
�	required for the administration of criminal justice under that
�	agreement, if the agreement:
�	�������������������(A)��specifically authorizes access to
�	information;
�	�������������������(B)��limits the use of information to the purposes
�	for which it is given;
�	�������������������(C)��ensures the security and confidentiality of
�	the information; [and]
�	�������������������(D)��provides for sanctions if a requirement
�	imposed under Paragraph (A), (B), or (C) is violated; and
�	�������������������(E)��requires the individual or agency to perform
�	the applicable services in a manner prescribed by the department;
�	�������������(6)��an individual or an agency that has a specific
�	agreement with a noncriminal justice agency to provide services
�	related to the use of criminal history record information
�	disseminated under this subchapter, if the agreement:
�	�������������������(A)��specifically authorizes access to
�	information;
�	�������������������(B)��limits the use of information to the purposes
�	for which it is given;
�	�������������������(C)��ensures the security and confidentiality of
�	the information; [and]
�	�������������������(D)��provides for sanctions if a requirement
�	imposed under Paragraph (A), (B), or (C) is violated; and
�	�������������������(E)��requires the individual or agency to perform
�	the applicable services in a manner prescribed by the department;
�	�������������(7)��a county or district clerk's office; and
�	�������������(8)��the Office of Court Administration of the Texas
�	Judicial System.
�	�������SECTION�10.03.��Section�411.084(b), Government Code, is
�	amended to read as follows:
�	�������(b)��Notwithstanding Subsection (a) or any other provision
�	in this subchapter, criminal history record information obtained
�	from the Federal Bureau of Investigation may be released or
�	disclosed only to a governmental entity or as authorized by federal
�	law and regulations [statute, federal rule], [or] federal executive
�	orders, and federal policy [order].
�	�������SECTION�10.04.��Sections 411.0845(e), (i), and (k),
�	Government Code, are amended to read as follows:
�	�������(e)��A person entitled to receive criminal history record
�	information under this section must provide the department with the
�	following information regarding the person who is the subject of
�	the criminal history record information requested:
�	�������������(1)��the person's full name, date of birth, sex, [Texas
�	driver's license number or personal identification certificate
�	number,] and social security number, and the number assigned to any
�	form of unexpired identification card issued by this state or
�	another state, the District of Columbia, or a territory of the
�	United States that includes the person's photograph;
�	�������������(2)��a recent electronic digital image photograph of
�	the person and a complete set of the person's fingerprints as
�	required by the department; and
�	�������������(3)��any other information required by the department.
�	�������(i)��The release under this section of any criminal history
�	record information maintained by the Federal Bureau of
�	Investigation, including the computerized information submitted to
�	the federal database maintained by the Federal Bureau of
�	Investigation as described by Section 411.042(b)(9)(B), is subject
�	to federal law and regulations, federal executive orders, and
�	federal policy.
�	�������(k)��A governmental agency may coordinate with the
�	department regarding the use of the fingerprinting fee collection
�	process to collect [collection of] a fee for the criminal history
�	record information and any other fees associated with obtaining a
�	person's fingerprints as required by the department [through the
�	fingerprinting fee collection process].
�	�������SECTION�10.05.��Section�411.085(a), Government Code, is
�	amended to read as follows:
�	�������(a)��A person commits an offense if the person knowingly or
�	intentionally:
�	�������������(1)��obtains criminal history record information in an
�	unauthorized manner, uses the information for an unauthorized
�	purpose, or discloses the information to a person who is not
�	entitled to the information;
�	�������������[(2) � � provides a person with a copy of the person's
�	criminal history record information obtained from the department;]
�	or
�	�������������(2)�[(3)]��violates a rule of the department adopted
�	under this subchapter.
�	�������SECTION�10.06.��Section�411.094(d), Government Code, is
�	amended to read as follows:
�	�������(d)��Criminal history record information received by an
�	institution of higher education under Subsection (b) may not be
�	released or disclosed to any person except on court order or with
�	the consent of the person who is the subject of the criminal history
�	record information.
�	�������SECTION�10.07.��Section�411.0985(c), Government Code, is
�	amended to read as follows:
�	�������(c)��The Texas Commission for the Blind may not release or
�	disclose information obtained under Subsection (a) except on court
�	order or with the consent of the person who is the subject of the
�	criminal history record information.
�	�������SECTION�10.08.��Section�411.1005(b), Government Code, is
�	amended to read as follows:
�	�������(b)��Information received by the state bar is confidential
�	and may be disseminated only:
�	�������������(1)��in a disciplinary action or proceeding conducted
�	by the state bar, the Board of Disciplinary Appeals, or any court;
�	or
�	�������������(2)��with the consent of the person who is the subject
�	of the criminal history record information.
�	�������SECTION�10.09.��Section�411.1131(c), Government Code, is
�	amended to read as follows:
�	�������(c)��The Texas Commission for the Deaf and Hard of Hearing
�	may not release or disclose information obtained under Subsection
�	(a), except on court order or with the consent of the person who is
�	the subject of the criminal history record information, and shall
�	destroy all criminal history record information obtained under
�	Subsection (a) after the information is used for its authorized
�	purpose.
�	�������SECTION�10.10.��Section�411.1182(c), Government Code, is
�	amended to read as follows:
�	�������(c)��Criminal history information obtained from the
�	department may not be released or disclosed except:
�	�������������(1)��as needed in protecting the security of a
�	commercial nuclear power plant;
�	�������������(2)��[or] as authorized by the United States Nuclear
�	Regulatory Commission, a court order, or a federal or state law or
�	order; or
�	�������������(3)��with the consent of the person who is the subject
�	of the criminal history record information.
�	�������SECTION�10.11.��Section�411.120(b), Government Code, is
�	amended to read as follows:
�	�������(b)��Criminal history record information obtained by a
�	county judge under Subsection (a) may not be released or disclosed
�	to any person except in a hearing held under Chapter 25 or 69,
�	Alcoholic Beverage Code, or with the consent of the person who is
�	the subject of the criminal history record information.
�	�������SECTION�10.12.��Section�411.1236(b), Government Code, is
�	amended to read as follows:
�	�������(b)��Criminal history record information obtained by the
�	Texas Commission on Fire Protection under Subsection (a) may not be
�	released to any person or agency except on court order or with the
�	consent of the person who is the subject of the criminal history
�	record information, or if [unless] the information is entered into
�	evidence by the board in an administrative, civil, or criminal
�	hearing under Chapter 419.
�	�������SECTION�10.13.��Section�411.136(e), Government Code, is
�	amended to read as follows:
�	�������(e)��All criminal history record information received by a
�	public or nonprofit hospital or hospital district under this
�	section is privileged, confidential, and intended for the exclusive
�	use of the entity that obtained the information. The hospital or
�	district may not release or disclose criminal history record
�	information to any person or agency except in a criminal
�	proceeding, in a hearing conducted by the hospital or district, to
�	another governmental entity as required by law, [or] as required by
�	court order, or with the consent of the person who is the subject of
�	the criminal history record information.
�	�������SECTION�10.14.��Section�411.139(b), Government Code, is
�	amended to read as follows:
�	�������(b)��Criminal history record information obtained by the
�	securities commissioner under this section may not be released by
�	any person or agency except on court order or with the consent of
�	the person who is the subject of the criminal history record
�	information, unless the information is entered into evidence by the
�	State Securities Board or a court at an administrative proceeding
�	or a civil or criminal action under The Securities Act (Article
�	581-1 et seq., Vernon's Texas Civil Statutes).
�	�������SECTION�10.15.��Section�411.140(b), Government Code, is
�	amended to read as follows:
�	�������(b)��Information received by the State Commission on
�	Judicial Conduct is confidential and may be disseminated only in an
�	investigation or proceeding conducted by the commission or with the
�	consent of the person who is the subject of the criminal history
�	record information.
�	�������SECTION�10.16.��Section�411.1402(c), Government Code, is
�	amended to read as follows:
�	�������(c)��The Employees Retirement System of Texas may not release
�	or disclose information obtained under Subsection (a) except on
�	court order or with the consent of the person who is the subject of
�	the criminal history record information.
�	�������SECTION�10.17.��Section�411.1406(d), Government Code, as
�	added by Chapter 406 (S.B. 885), Acts of the 80th Legislature,
�	Regular Session, 2007, is amended to read as follows:
�	�������(d)��The court may not release or disclose information
�	obtained under Subsection (b) except on order of a district court or
�	with the consent of the person who is the subject of the criminal
�	history record information.
�	�������SECTION�10.18.��To the extent of any conflict, this article
�	prevails over another Act of the 81st Legislature, Regular Session,
�	2009, relating to nonsubstantive additions to and corrections in
�	enacted codes.
�	�������SECTION�10.19.��This article takes effect immediately if
�	this Act 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 article takes effect September 1, 2009.
�	ARTICLE�11.��ADMINISTRATION OF CERTAIN PROVISIONS AFFECTING THE
�	LICENSING OF PERSONS TO CARRY A CONCEALED HANDGUN
�	�������SECTION�11.01.��Section 411.1711, Government Code, is
�	amended to read as follows:
�	�������Sec.�411.1711.��CERTAIN EXEMPTIONS FROM CONVICTIONS. A
�	person is not convicted, as that term is defined by Section 411.171,
�	if an order of deferred adjudication was entered against the person
�	on a date not less than 10 years preceding the date of the person's
�	application for a license under this subchapter unless the order of
�	deferred adjudication was entered against the person for:
�	�������������(1)��a felony�[an] offense under:
�	�������������������(A)��Title 5, Penal Code;
�	�������������������(B)��[, or] Chapter 29, Penal Code;
�	�������������������(C)��Section 25.07, Penal Code; or
�	�������������������(D)��Section 30.02, Penal Code, if the offense is
�	punishable under Subsection (c)(2) or (d) of that section; or
�	�������������(2)��an offense under the laws of another state if the
�	offense contains elements that are substantially similar to the
�	elements of an offense listed in Subdivision (1).
�	�������SECTION�11.02.��Section 411.171(4), Government Code, is
�	amended to read as follows:
�	�������������(4)��"Convicted" means an adjudication of guilt or,
�	except as provided in Section 411.1711, an order of deferred
�	adjudication entered against a person by a court of competent
�	jurisdiction whether or not the imposition of the sentence is
�	subsequently probated and the person is discharged from community
�	supervision. �The term does not include an adjudication of guilt or
�	an order of deferred adjudication that has been subsequently:
�	�������������������(A)��expunged; [or]
�	�������������������(B)��pardoned under the authority of a state or
�	federal official; or
�	�������������������(C)��otherwise vacated, set aside, annulled,
�	invalidated, voided, or sealed under any state or federal law.
�	�������SECTION�11.03.��Section 411.172, Government Code, is amended
�	by amending Subsections (a), (b), (d), and (e) and adding
�	Subsection (b-1) to read as follows:
�	�������(a)��A person is eligible for a license to carry a concealed
�	handgun if the person:
�	�������������(1)��is a legal resident of this state for the six-month
�	period preceding the date of application under this subchapter or
�	is otherwise eligible for a license under Section 411.173(a);
�	�������������(2)��is at least 21 years of age;
�	�������������(3)��has not been convicted of a felony;
�	�������������(4)��is not charged with the commission of a Class A or
�	Class B misdemeanor or equivalent offense, or of an offense under
�	Section 42.01, Penal Code, or equivalent offense, or of a felony
�	under an information or indictment;
�	�������������(5)��is not a fugitive from justice for a felony or a
�	Class A or Class B misdemeanor or equivalent offense;
�	�������������(6)��is not a chemically dependent person;
�	�������������(7)��is not incapable of exercising sound judgment with
�	respect to the proper use and storage of a handgun;
�	�������������(8)��has not, in the five years preceding the date of
�	application, been convicted of a Class A or Class B misdemeanor or
�	equivalent offense or of an offense under Section 42.01, Penal
�	Code, or equivalent offense;
�	�������������(9)��is fully qualified under applicable federal and
�	state law to purchase a handgun;
�	�������������(10)��has not been finally determined to be delinquent
�	in making a child support payment administered or collected by the
�	attorney general;
�	�������������(11)��has not been finally determined to be delinquent
�	in the payment of a tax or other money collected by the comptroller,
�	the tax collector of a political subdivision of the state, or any
�	agency or subdivision of the state;
�	�������������(12)��[has not been finally determined to be in default
�	on a loan made under Chapter 57, Education Code;
�	�������������[(13)]��is not currently restricted under a court
�	protective order or subject to a restraining order affecting the
�	spousal relationship, other than a restraining order solely
�	affecting property interests;
�	�������������(13)�[(14)]��has not, in the 10 years preceding the
�	date of application, been adjudicated as having engaged in
�	delinquent conduct violating a penal law of the grade of felony; and
�	�������������(14)�[(15)]��has not made any material
�	misrepresentation, or failed to disclose any material fact, in an
�	application submitted pursuant to Section 411.174 [or in a request
�	for application submitted pursuant to Section 411.175].
�	�������(b)��For the purposes of this section, an offense under the
�	laws of this state, another state, or the United States is:
�	�������������(1)��except as provided by Subsection (b-1),�a felony
�	if the offense, at the time the offense is committed�[of a person's
�	application for a license to carry a concealed handgun]:
�	�������������������(A)��is designated by a law of this state as a
�	felony;
�	�������������������(B)��contains all the elements of an offense
�	designated by a law of this state as a felony; or
�	�������������������(C)��is punishable by confinement for one year or
�	more in a penitentiary; and
�	�������������(2)��a Class A misdemeanor if the offense is not a
�	felony and confinement in a jail other than a state jail felony
�	facility is affixed as a possible punishment.
�	�������(b-1)��An offense is not considered a felony for purposes of
�	Subsection (b) if, at the time of a person's application for a
�	license to carry a concealed handgun, the offense:
�	�������������(1)��is not designated by a law of this state as a
�	felony; and
�	�������������(2)��does not contain all the elements of any offense
�	designated by a law of this state as a felony.
�	�������(d)��For purposes of Subsection (a)(7), a person is incapable
�	of exercising sound judgment with respect to the proper use and
�	storage of a handgun if the person:
�	�������������(1)��has been diagnosed by a licensed physician as
�	suffering from a psychiatric disorder or condition that causes or
�	is likely to cause substantial impairment in judgment, mood,
�	perception, impulse control, or intellectual ability;
�	�������������(2)��suffers from a psychiatric disorder or condition
�	described by Subdivision (1) that:
�	�������������������(A)��is in remission but is reasonably likely to
�	redevelop at a future time; or
�	�������������������(B)��requires continuous medical treatment to
�	avoid redevelopment;
�	�������������(3)��has been diagnosed by a licensed physician,
�	determined by a review board or similar authority, or declared by a
�	court to be incompetent to manage the person's own affairs; or
�	�������������(4)��has entered in a criminal proceeding a plea of not
�	guilty by reason of insanity.
�	�������(e)��The following constitutes evidence that a person has a
�	psychiatric disorder or condition described by Subsection (d)(1):
�	�������������(1)��involuntary psychiatric hospitalization [in the
�	preceding five-year period];
�	�������������(2)��psychiatric hospitalization [in the preceding
�	two-year period];
�	�������������(3)��inpatient or residential substance abuse
�	treatment in the preceding five-year period;
�	�������������(4)��diagnosis in the preceding five-year period by a
�	licensed physician that the person is dependent on alcohol, a
�	controlled substance, or a similar substance; or
�	�������������(5)��diagnosis at any time by a licensed physician that
�	the person suffers or has suffered from a psychiatric disorder or
�	condition consisting of or relating to:
�	�������������������(A)��schizophrenia or delusional disorder;
�	�������������������(B)��bipolar disorder;
�	�������������������(C)��chronic dementia, whether caused by illness,
�	brain defect, or brain injury;
�	�������������������(D)��dissociative identity disorder;
�	�������������������(E)��intermittent explosive disorder; or
�	�������������������(F)��antisocial personality disorder.
�	�������SECTION�11.04.��Sections 411.174(a) and (b), Government
�	Code, are amended to read as follows:
�	�������(a)��An applicant for a license to carry a concealed handgun
�	must submit to the director's designee described by Section
�	411.176:
�	�������������(1)��a completed application on a form provided by the
�	department that requires only the information listed in Subsection
�	(b);
�	�������������(2)��one or more [two recent color passport]
�	photographs of the applicant that meet the requirements of the
�	department�[, except that an applicant who is younger than 21 years
�	of age must submit two recent color passport photographs in profile
�	of the applicant];
�	�������������(3)��a certified copy of the applicant's birth
�	certificate or certified proof of age;
�	�������������(4)��proof of residency in this state;
�	�������������(5)��two complete sets of legible and classifiable
�	fingerprints of the applicant taken by a person appropriately
�	trained in recording fingerprints who is employed by a law
�	enforcement agency or by a private entity designated by a law
�	enforcement agency as an entity qualified to take fingerprints of
�	an applicant for a license under this subchapter;
�	�������������(6)��a nonrefundable application and license fee of
�	$140 paid to the department;
�	�������������(7)��evidence of [a] handgun proficiency, in the form
�	and manner required by the department [certificate described by
�	Section 411.189];
�	�������������(8)��an affidavit signed by the applicant stating that
�	the applicant:
�	�������������������(A)��has read and understands each provision of
�	this subchapter that creates an offense under the laws of this state
�	and each provision of the laws of this state related to use of
�	deadly force; and
�	�������������������(B)��fulfills all the eligibility requirements
�	listed under Section 411.172; and
�	�������������(9)��a form executed by the applicant that authorizes
�	the director to make an inquiry into any noncriminal history
�	records that are necessary to determine the applicant's eligibility
�	for a license under Section 411.172(a).
�	�������(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 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 [during the preceding five years], 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�11.05.��Section 411.176, Government Code, is amended
�	to read as follows:
�	�������Sec.�411.176.��REVIEW OF APPLICATION MATERIALS. (a) �On
�	receipt of [the] application materials by the department at its
�	Austin headquarters, the department shall conduct the appropriate
�	criminal history record check of the applicant through its
�	computerized criminal history system. Not later than the 30th day
�	after the date the department receives the application materials,
�	the department shall forward the materials to the director's
�	designee in the geographical area of the applicant's residence so
�	that the designee may conduct the investigation described by
�	Subsection (b). For purposes of this section, the director's
�	designee may be a noncommissioned employee of the department.
�	�������(b)��The director's designee as needed shall conduct an
�	additional criminal history record check of the applicant and an
�	investigation of the applicant's local official records to verify
�	the accuracy of the application materials. The director's designee
�	may access any records necessary for purposes of this subsection.
�	The scope of the record check and the investigation are at the sole
�	discretion of the department, except that the director's designee
�	shall complete the record check and investigation not later than
�	the 60th day after the date the department receives the application
�	materials. The department shall send a fingerprint card to the
�	Federal Bureau of Investigation for a national criminal history
�	check of the applicant. On completion of the investigation, the
�	director's designee shall return all materials and the result of
�	the investigation to the appropriate division of the department at
�	its Austin headquarters.
�	�������(c)��The director's designee may submit to the appropriate
�	division of the department, at the department's Austin
�	headquarters, along with the application materials a written
�	recommendation for disapproval of the application, accompanied by
�	an affidavit stating personal knowledge or naming persons with
�	personal knowledge of a ground for denial under Section 411.172.
�	The director's designee [in the appropriate geographical area] may
�	also submit the application and the recommendation that the license
�	be issued.
�	�������(d)��On receipt at the department's Austin headquarters of
�	the application materials and the result of the investigation by
�	the director's designee, the department shall conduct any further
�	record check or investigation the department determines is
�	necessary if a question exists with respect to the accuracy of the
�	application materials or the eligibility of the applicant, except
�	that the department shall complete the record check and
�	investigation not later than the 180th day after the date the
�	department receives the application materials from the applicant.
�	�������SECTION�11.06.��Sections 411.177(a) and (b), Government
�	Code, are amended to read as follows:
�	�������(a)��The department shall issue a license to carry a
�	concealed handgun to an applicant if the applicant meets all the
�	eligibility requirements and submits all the application
�	materials. The department may issue a license to carry handguns
�	only of the categories for which the applicant has demonstrated
�	proficiency in the form and manner required by the department
�	[indicated on the applicant's certificate of proficiency issued
�	under Section 411.189]. The department shall administer the
�	licensing procedures in good faith so that any applicant who meets
�	all the eligibility requirements and submits all the application
�	materials shall receive a license. The department may not deny an
�	application on the basis of a capricious or arbitrary decision by
�	the department.
�	�������(b)��The department shall, not later than the 60th day after
�	the date of the receipt by the director's designee of the completed
�	application materials:
�	�������������(1)��issue the license;
�	�������������(2)��notify the applicant in writing that the
�	application was denied:
�	�������������������(A)��on the grounds that the applicant failed to
�	qualify under the criteria listed in Section 411.172;
�	�������������������(B)��based on the affidavit of the director's
�	designee submitted to the department under Section 411.176(c)
�	[411.176(b)]; or
�	�������������������(C)��based on the affidavit of the qualified
�	handgun instructor submitted to the department under Section
�	411.188(k) [411.189(c)]; or
�	�������������(3)��notify the applicant in writing that the
�	department is unable to make a determination regarding the issuance
�	or denial of a license to the applicant within the 60-day period
�	prescribed by this subsection and include in that notification an
�	explanation of the reason for the inability and an estimation of the
�	amount of time the department will need to make the determination.
�	�������SECTION�11.07.��Section 411.179(c), Government Code, as
�	added by Chapter 1222 (H.B. 2300), Acts of the 80th Legislature,
�	Regular Session, 2007, is amended to read as follows:
�	�������(c)��In adopting the form of the license under Subsection
�	(a), the department shall establish a procedure for the license of a
�	qualified handgun instructor or�of a judge, justice, prosecuting
�	attorney, or assistant prosecuting attorney, as described by
�	Section 46.15(a)(4) or (6), Penal Code, to indicate on the license
�	the license holder's status as a qualified handgun instructor or�as
�	a judge, justice, district attorney, criminal district attorney, or
�	county attorney. In establishing the procedure, the department
�	shall require sufficient documentary evidence to establish the
�	license holder's status under this subsection.
�	�������SECTION�11.08.��Sections 411.181(a) and (b), Government
�	Code, as amended by Chapters 594 (H.B. 41) and 1222 (H.B. 2300),
�	Acts of the 80th Legislature, Regular Session, 2007, are reenacted
�	and amended to read as follows:
�	�������(a)��If a person who is a current license holder moves from
�	any residence�[the] address stated on the license [to a new
�	residence address], if the name of the person is changed by marriage
�	or otherwise, or if the person's status [as a judge, justice,
�	district attorney, prosecuting attorney, or assistant prosecuting
�	attorney, as a federal judge, a state judge, or the spouse of a
�	federal judge or state judge,] becomes inapplicable for purposes of
�	the information required to be displayed on the license under�
�	Section 411.179�[411.179(c)], the person shall, not later than the
�	30th day after the date of the address, name, or status change,
�	notify the department and provide the department with the number of
�	the person's license and, as applicable, the person's:
�	�������������(1)��former and new addresses; [or]
�	�������������(2)��former and new names; or
�	�������������(3)��former and new status.
�	�������(b)��If the name of the license holder is changed by marriage
�	or otherwise, or if the person's status [as a federal judge or state
�	judge, or the spouse of a federal judge or state judge] becomes
�	inapplicable as described by Subsection (a), the person shall apply
�	for a duplicate license. �The duplicate license must reflect
�	[include] the person's current name, residence address, and status.
�	�������SECTION�11.09.��Section 411.184(a), Government Code, is
�	amended to read as follows:
�	�������(a)��To modify a license to allow a license holder to carry a
�	handgun of a different category than the license indicates, the
�	license holder must:
�	�������������(1)��complete a proficiency examination as provided by
�	Section 411.188(e);
�	�������������[(2) � � obtain a handgun proficiency certificate under
�	Section 411.189 not more than six months before the date of
�	application for a modified license;] and
�	�������������(2)�[(3)]��submit to the department:
�	�������������������(A)��an application for a modified license on a
�	form provided by the department;
�	�������������������(B)��evidence of [a copy of the] handgun
�	proficiency, in the form and manner required by the department
�	[certificate];
�	�������������������(C)��payment of a modified license fee of $25; and
�	�������������������(D)��one or more [two recent color passport]
�	photographs of the license holder that meet the requirements of the
�	department [, except that an applicant who is younger than 21 years
�	of age must submit two recent color passport photographs in profile
�	of the applicant].
�	�������SECTION�11.10.��Section 411.185(a), Government Code, is
�	amended to read as follows:
�	�������(a)��To renew a license, a license holder must:
�	�������������(1)��complete a continuing education course in handgun
�	proficiency under Section 411.188(c) within the six-month period
�	preceding:
�	�������������������(A)��the date of application for renewal, for a
�	first or second renewal; and
�	�������������������(B)��the date of application for renewal or the
�	date of application for the preceding renewal, for a third or
�	subsequent renewal, to ensure that the license holder is not
�	required to complete the course more than once in any 10-year
�	period;
�	�������������[(2) � � obtain a handgun proficiency certificate under
�	Section 411.189 within the six-month period preceding:
�	�������������������[(A) � � the date of application for renewal, for a
�	first or second renewal; and
�	�������������������[(B) � � the date of application for renewal or the
�	date of application for the preceding renewal, for a third or
�	subsequent renewal, to ensure that the license holder is not
�	required to obtain the certificate more than once in any 10-year
�	period;] and
�	�������������(2)�[(3)]��submit to the department:
�	�������������������(A)��an application for renewal on a form provided
�	by the department;
�	�������������������(B)��evidence of [a copy of the] handgun
�	proficiency, in the form and manner required by the department
�	[certificate];
�	�������������������(C)��payment of a nonrefundable renewal fee as set
�	by the department; and
�	�������������������(D)��one or more [two recent color passport]
�	photographs of the applicant that meet the requirements of the
�	department.
�	�������SECTION�11.11.��Section 411.186(a), Government Code, is
�	amended to read as follows:
�	�������(a)��The department shall revoke a [A] license [may be
�	revoked] under this section if the license holder:
�	�������������(1)��was not entitled to the license at the time it was
�	issued;
�	�������������(2)��made a material misrepresentation or failed to
�	disclose a material fact in an application submitted under this
�	subchapter�[gave false information on the application];
�	�������������(3)��subsequently becomes ineligible for a license
�	under Section 411.172, unless the sole basis for the ineligibility
�	is that the license holder is charged with the commission of a Class
�	A or Class B misdemeanor or equivalent offense, or of an offense
�	under Section 42.01, Penal Code, or equivalent offense, or of a
�	felony under an information or indictment;
�	�������������(4)��is convicted of an offense under Section 46.035,
�	Penal Code;
�	�������������(5)��is determined by the department to have engaged in
�	conduct constituting a reason to suspend a license listed in
�	Section 411.187(a) after the person's license has been previously
�	suspended twice for the same reason; or
�	�������������(6)��submits an application fee that is dishonored or
�	reversed if the applicant fails to submit a cashier's check or money
�	order made payable to the "Department of Public Safety of the State
�	of Texas"�in the amount of the dishonored or reversed fee, plus $25,
�	within 30 days of being notified by the department that the fee was
�	dishonored or reversed.
�	�������SECTION�11.12.��Sections 411.187(a) and (c), Government
�	Code, are amended to read as follows:
�	�������(a)��The department shall suspend a [A] license [may be
�	suspended] under this section if the license holder:
�	�������������(1)��is charged with the commission of a Class A or
�	Class B misdemeanor or equivalent offense, or of an offense under
�	Section 42.01, Penal Code, or equivalent offense, or of a felony
�	under an information or indictment;
�	�������������(2)��fails to display a license as required by Section
�	411.205;
�	�������������(3)��fails to notify the department of a change of
�	address, [or] name, or status as required by Section 411.181;
�	�������������(4)��carries a concealed handgun under the authority of
�	this subchapter of a different category than the license holder is
�	licensed to carry;
�	�������������(5)��fails to return a previously issued license after
�	a license is modified as required by Section 411.184(d);
�	�������������(6)��commits an act of family violence and is the
�	subject of an active protective order rendered under Title 4,
�	Family Code; or
�	�������������(7)��is arrested for an offense involving family
�	violence or an offense under Section 42.072, Penal Code, and is the
�	subject of an order for emergency protection issued under Article
�	17.292, Code of Criminal Procedure.
�	�������(c)��The department shall suspend a [A] license [may be
�	suspended] under this section:
�	�������������(1)��for 30 days, if the person's license is subject to
�	suspension for a reason listed in Subsection (a)(3), (4), or (5),
�	except as provided by Subdivision (3);
�	�������������(2)��for 90 days, if the person's license is subject to
�	suspension for a reason listed in Subsection (a)(2), except as
�	provided by Subdivision (3);
�	�������������(3)��for not less than one year and not more than three
�	years, if the person's license:
�	�������������������(A)��is subject to suspension for a reason listed
�	in Subsection (a), other than the reason listed in Subsection
�	(a)(1); [,] and
�	�������������������(B)��[the person's license] has been previously
�	suspended for the same reason;
�	�������������(4)��until dismissal of the charges, if the person's
�	license is subject to suspension for the reason listed in
�	Subsection (a)(1); or
�	�������������(5)��for the duration of or the period specified by:
�	�������������������(A)��the protective order issued under Title 4,
�	Family Code, if the person's license is subject to suspension for
�	the reason listed in Subsection (a)(6); or
�	�������������������(B)��the order for emergency protection issued
�	under Article 17.292, Code of Criminal Procedure, if the person's
�	license is subject to suspension for the reason listed in
�	Subsection (a)(7).
�	�������SECTION�11.13.��Section 411.188, Government Code, is amended
�	by amending Subsections (a), (g), (h), and (i) and adding
�	Subsection (k) to read as follows:
�	�������(a)��The director by rule shall establish minimum standards
�	for handgun proficiency and shall develop a course to teach handgun
�	proficiency and examinations to measure handgun proficiency. The
�	course to teach handgun proficiency must contain training sessions
�	divided into two parts. One part of the course must be classroom
�	instruction and the other part must be range instruction and an
�	actual demonstration by the applicant of the applicant's ability to
�	safely and proficiently use the applicable�category of handgun [for
�	which the applicant seeks certification]. An applicant must be
�	able to demonstrate [may not be certified unless the applicant
�	demonstrates], at a minimum, the degree of proficiency that is
�	required to effectively operate a handgun of .32 caliber or above.
�	The department shall distribute the standards, course
�	requirements, and examinations on request to any qualified handgun
�	instructor.
�	�������(g)��A person who wishes to obtain or renew a license to carry
�	a concealed handgun must apply in person to a qualified handgun
�	instructor to take the appropriate course in handgun proficiency
�	and [,] demonstrate handgun proficiency as required by the
�	department[, and obtain a handgun proficiency certificate as
�	described by Section 411.189].
�	�������(h)��A license holder who wishes to modify a license to allow
�	the license holder to carry a handgun of a different category than
�	the license indicates must apply in person to a qualified handgun
�	instructor to demonstrate the required knowledge and proficiency
�	[to obtain a handgun proficiency certificate] in that category [as
�	described by Section 411.189].
�	�������(i)��A certified firearms instructor of the department may
�	monitor any class or training presented by a qualified handgun
�	instructor. A qualified handgun instructor shall cooperate with
�	the department in the department's efforts to monitor the
�	presentation of training by the qualified handgun instructor. A
�	qualified handgun instructor shall make available for inspection to
�	the department any and all records maintained by a qualified
�	handgun instructor under this subchapter. The qualified handgun
�	instructor shall keep a record of all [certificates of handgun
�	proficiency issued by the qualified handgun instructor and other]
�	information required by department rule.
�	�������(k)��A qualified handgun instructor may submit to the
�	department a written recommendation for disapproval of the
�	application for a license, renewal, or modification of a license,
�	accompanied by an affidavit stating personal knowledge or naming
�	persons with personal knowledge of facts that lead the instructor
�	to believe that an applicant does not possess the required handgun
�	proficiency. The department may use a written recommendation
�	submitted under this subsection as the basis for denial of a license
�	only if the department determines that the recommendation is made
�	in good faith and is supported by a preponderance of the evidence.
�	The department shall make a determination under this subsection not
�	later than the 45th day after the date the department receives the
�	written recommendation. The 60-day period in which the department
�	must take action under Section 411.177(b) is extended one day for
�	each day a determination is pending under this subsection.
�	�������SECTION�11.14.��Section 411.1882, Government Code, is
�	amended to read as follows:
�	�������Sec.�411.1882.��EVIDENCE OF�[EXEMPTION FROM] HANDGUN
�	PROFICIENCY [CERTIFICATE REQUIREMENT] FOR CERTAIN PERSONS. (a)��A
�	person who is serving in this state as a judge or justice of a
�	federal court, as an active judicial officer, as defined by Section
�	411.201, or as a district attorney, assistant district attorney,
�	criminal district attorney, assistant criminal district attorney,
�	county attorney, or assistant county attorney may establish handgun
�	proficiency for the purposes of this subchapter by obtaining from a
�	handgun proficiency instructor approved by the Commission on Law
�	Enforcement Officer Standards and Education for purposes of Section
�	1702.1675, Occupations Code, a sworn statement that:
�	�������������(1)��indicates that the person, during the 12-month
�	period preceding the date of the person's application to the
�	department, demonstrated to the instructor proficiency in the use
�	of handguns; and
�	�������������(2)��designates the categories of handguns with respect
�	to which the person demonstrated proficiency�[Notwithstanding any
�	other provision of this subchapter, a person may not be required to
�	submit to the department a handgun proficiency certificate to
�	obtain or renew a concealed handgun license issued under this
�	subchapter if:
�	�������������[(1)��the person is currently serving in this state as:
�	�������������������[(A)��a judge or justice of a federal court;
�	�������������������[(B) � � an active judicial officer, as defined by
�	Section 411.201, Government Code; � or
�	�������������������[(C) � � a district attorney, assistant district
�	attorney, criminal district attorney, assistant criminal district
�	attorney, county attorney, or assistant county attorney; � and
�	�������������[(2) � � a handgun proficiency instructor approved by the
�	Commission on Law Enforcement Officer Standards and Education for
�	purposes of Section 1702.1675, Occupations Code, makes a sworn
�	statement indicating that the person demonstrated proficiency to
�	the instructor in the use of handguns during the 12-month period
�	preceding the date of the person's application to the department
�	and designating the types of handguns with which the person
�	demonstrated proficiency].
�	�������(b)��The director by rule shall adopt a procedure by which a
�	person described�[who is exempt] under Subsection (a) [from the
�	handgun proficiency certificate requirement] may submit a form
�	demonstrating the person's qualification for an exemption under
�	that subsection. �The form must provide sufficient information to
�	allow the department to verify whether the person qualifies for the
�	exemption.
�	�������(c)��A license issued under this section automatically
�	expires on the six-month anniversary of the date the person's
�	status under Subsection (a) becomes inapplicable.��A license that
�	expires under this subsection may be renewed under Section 411.185.
�	�������SECTION�11.15.��Section 411.190, Government Code, is amended
�	by adding Subsection (d-1) to read as follows:
�	�������(d-1)��The department shall ensure that an applicant may
�	renew certification under Subsection (d) from any county in this
�	state by using an online format to complete the required retraining
�	courses if:
�	�������������(1)��the applicant is renewing certification for the
�	first time; or
�	�������������(2)��the applicant completed the required retraining
�	courses in person the previous time the applicant renewed
�	certification.
�	�������SECTION�11.16.��Sections 411.199(a) and (e), Government
�	Code, are amended to read as follows:
�	�������(a)��A person who is licensed as a peace officer under
�	Chapter 1701, Occupations Code, [415] and who has been employed
�	full-time as a peace officer by a law enforcement agency may apply
�	for a license under this subchapter at any time after retirement.
�	�������(e)��A retired peace officer who obtains a license under this
�	subchapter must maintain, for the category of weapon licensed, the
�	proficiency required for a peace officer under Section 1701.355,
�	Occupations Code [415.035]. �The department or a local law
�	enforcement agency shall allow a retired peace officer of the
�	department or agency an opportunity to annually demonstrate the
�	required proficiency. �The proficiency shall be reported to the
�	department on application and renewal.
�	�������SECTION�11.17.��Section 411.1991(a), Government Code, is
�	amended to read as follows:
�	�������(a)��A person who is licensed as a peace officer under
�	Chapter 1701, Occupations Code, [415] and is employed full-time as
�	a peace officer by a law enforcement agency may apply for a license
�	under this subchapter. The person shall submit to the department
�	two complete sets of legible and classifiable fingerprints and a
�	sworn statement of the head of the law enforcement agency employing
�	the applicant. A head of a law enforcement agency may not refuse to
�	issue a statement under this subsection. If the applicant alleges
�	that the statement is untrue, the department shall investigate the
�	validity of the statement. The statement must include:
�	�������������(1)��the name and rank of the applicant;
�	�������������(2)��whether the applicant has been accused of
�	misconduct at any time during the applicant's period of employment
�	with the agency and the disposition of that accusation;
�	�������������(3)��a description of the physical and mental condition
�	of the applicant;
�	�������������(4)��a list of the types of weapons the applicant has
�	demonstrated proficiency with during the preceding year; and
�	�������������(5)��a recommendation from the agency head that a
�	license be issued to the person under this subchapter.
�	�������SECTION�11.18.��Sections 411.201(c) and (d), Government
�	Code, are amended to read as follows:
�	�������(c)��An active judicial officer is eligible for a license to
�	carry a concealed handgun under the authority of this subchapter. A
�	retired judicial officer is eligible for a license to carry a
�	concealed handgun under the authority of this subchapter if the
�	officer:
�	�������������(1)��has not been convicted of a felony;
�	�������������(2)��has not, in the five years preceding the date of
�	application, been convicted of a Class A or Class B misdemeanor or
�	equivalent offense;
�	�������������(3)��is not charged with the commission of a Class A or
�	Class B misdemeanor or equivalent offense or of a felony under an
�	information or indictment;
�	�������������(4)��is not a chemically dependent person; and
�	�������������(5)��is not a person of unsound mind.
�	�������(d)��An applicant for a license who is an active or retired
�	judicial officer must submit to the department:
�	�������������(1)��a completed application, including all required
�	affidavits,�on a form prescribed by the department;
�	�������������(2)��one or more [two recent color passport]
�	photographs of the applicant that meet the requirements of the
�	department;
�	�������������(3)��two complete sets of legible and classifiable
�	fingerprints of the applicant, including one set taken by a person
�	employed by a law enforcement agency who is appropriately trained
�	in recording fingerprints;
�	�������������(4)��evidence of [a] handgun proficiency, in the form
�	and manner required by the department for an applicant under this
�	section [certificate issued to the applicant as evidence that the
�	applicant successfully completed the proficiency requirements of
�	this subchapter];
�	�������������(5)�[(4)]��a nonrefundable application and license fee
�	set by the department in an amount reasonably designed to cover the
�	administrative costs associated with issuance of a license to carry
�	a concealed handgun under this subchapter; and
�	�������������(6)�[(5)]��if the applicant is a retired judicial
�	officer,[:
�	�������������������[(A) � � two complete sets of legible and
�	classifiable fingerprints of the applicant taken by a person
�	employed by a law enforcement agency who is appropriately trained
�	in recording fingerprints; and
�	�������������������[(B)]��a form executed by the applicant that
�	authorizes the department to make an inquiry into any noncriminal
�	history records that are necessary to determine the applicant's
�	eligibility for a license under this subchapter.
�	�������SECTION�11.19.��Section 411.208, Government Code, is amended
�	by adding Subsection (e) to read as follows:
�	�������(e)��The immunities granted under Subsection (a) to a
�	qualified handgun instructor do not apply to a cause of action for
�	fraud or a deceptive trade practice.
�	�������SECTION�11.20.��Article 17.292(l), Code of Criminal
�	Procedure, is amended to read as follows:
�	�������(l)��In the order for emergency protection, the magistrate
�	shall�[may] suspend a license to carry a concealed handgun issued
�	under Subchapter H, Chapter 411�[Section 411.177], Government Code,
�	that is held by the defendant.
�	�������SECTION�11.21.��Section 85.022(d), Family Code, is amended
�	to read as follows:
�	�������(d)��In a protective order, the court shall�[may] suspend a
�	license to carry a concealed handgun issued under Subchapter H,
�	Chapter 411�[Section 411.177], Government Code, that is held by a
�	person found to have committed family violence.
�	�������SECTION�11.22.��Section 12.095(e), Health and Safety Code,
�	is amended to read as follows:
�	�������(e)��The panel may require the applicant or license holder to
�	undergo a medical or other examination at the applicant's or
�	holder's expense. �A person who conducts an examination under this
�	subsection may be compelled to testify before the panel and in any
�	subsequent proceedings under Subchapter H, Chapter 411, Government
�	Code, or�Subchapter N, Chapter 521, Transportation Code, as
�	applicable,�concerning the person's observations and findings.
�	�������SECTION�11.23.��Section 12.097(b), Health and Safety Code,
�	is amended to read as follows:
�	�������(b)��In a subsequent proceeding under Subchapter H, Chapter
�	411, Government Code, or�Subchapter N, Chapter 521, Transportation
�	Code, the medical standards division 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;
�	�������������(2)��the applicant or license holder; and
�	�������������(3)��the officer who presides at the hearing.
�	�������SECTION 11.24.��Section 46.04, Penal Code, is amended by
�	adding Subsections (f) and (g) to read as follows:
�	�������(f)��For the purposes of this section , an offense under the
�	laws of this state, another state, or the United States is, except
�	as provided by Subsection (g), a felony if, at the time it is
�	committed, the offense:
�	�������������(1)��is designated by a law of this state as a felony;
�	�������������(2)��contains all the elements of an offense designated
�	by a law of this state as a felony; or
�	�������������(3)��is punishable by confinement for one year or more
�	in a penitentiary.
�	�������(g)��An offense is not considered a felony for purposes of
�	Subsection (f) if, at the time the person possesses a firearm, the
�	offense:
�	�������������(1)��is not designated by a law of this state as a
�	felony; and
�	�������������(2)��does not contain all the elements of any offense
�	designated by a law of this state as a felony.
�	�������SECTION�11.25.��Sections 411.175 and 411.189, Government
�	Code, are repealed.
�	�������SECTION 11.26.��The changes in law made by Sections 411.171,
�	411.1711, 411.172, and 411.201(c), Government Code, as amended by
�	this article, apply only to the eligibility of a person for the
�	issuance, modification, or renewal of a license, the application
�	for which is made on or after the effective date of this article. �A
�	holder of a license that was issued, modified, or renewed before the
�	effective date of this article is not disqualified from holding
�	that license solely by reason of this article.
�	�������SECTION�11.27.��The changes in law made by Sections 411.174,
�	411.176, 411.177, 411.184, 411.185, 411.188, 411.1882, and
�	411.201(d), Government Code, as amended by this article, and by the
�	repeal of Sections 411.175 and 411.189, Government Code, apply only
�	to an application for the issuance, modification, or renewal of a
�	license that is submitted to the Department of Public Safety on or
�	after the effective date of this article. An application submitted
�	before the effective date of this article is governed by the law in
�	effect when the application was submitted, and the former law is
�	continued in effect for that purpose.
�	�������SECTION�11.28.��The changes in law made by this article to
�	Sections 411.186 and 411.187, Government Code, Article 17.292, Code
�	of Criminal Procedure, and Section 85.022, Family Code, apply only
�	to an administrative or judicial determination concerning the
�	revocation or suspension of a license to carry a concealed handgun
�	that is made on or after the effective date of this article. �An
�	administrative or judicial determination made before the effective
�	date of this article is covered by the law in effect when the
�	determination was made, and the former law is continued in effect
�	for that purpose.
�	�������SECTION�11.29.��The change in law made by Section 411.208,
�	Government Code, as amended by this article, applies only to a cause
�	of action that accrues on or after the effective date of this
�	article. �A cause of action that accrued before the effective date
�	of this article is governed by the law in effect immediately before
�	the effective date of this article, and the former law is continued
�	in effect for that purpose.
�	�������SECTION�11.30.��The change in law made by this Act in
�	amending Section 46.04, Penal Code, applies only to an offense
�	committed on or after the effective date of this Act. �An offense
�	committed before the effective date of this Act is covered by the
�	law in effect when the offense was committed, and the former law is
�	continued in effect for that purpose. �For purposes of this section,
�	an offense was committed before the effective date of this Act if
�	any element of the offense occurred before that date.
�	�������SECTION�11.31.��This article takes effect September 1, 2009.
�	ARTICLE 12. DRIVER EDUCATION AND DRIVER'S LICENSING REQUIREMENTS
�	FOR MINORS
�	�������SECTION�12.01.��This article shall be known as the Less Tears
�	More Years Act.
�	�������SECTION�12.02.��Section 29.902, Education Code, is amended
�	by adding Subsection (c) to read as follows:
�	�������(c)��A school district shall consider offering a driver
�	education and traffic safety course during each school year. �If the
�	district offers the course, the district may:
�	�������������(1)��conduct the course and charge a fee for the course
�	in the amount determined by the agency to be comparable to the fee
�	charged by a driver education school that holds a license under
�	Chapter 1001; or
�	�������������(2)��contract with a driver education school that holds
�	a license under Chapter 1001 to conduct the course.
�	�������SECTION�12.03.��Section 1001.101, Education Code, is amended
�	to read as follows:
�	�������Sec.�1001.101.��DRIVER EDUCATION COURSE CURRICULUM AND
�	TEXTBOOKS. �(a)��The commissioner by rule shall establish or approve�
�	the curriculum and designate the textbooks to be used in a driver
�	education course, including a driver education course conducted by
�	a school district, driver education school, or parent or other
�	individual under Section 521.205, Transportation Code.
�	�������(b)��A driver education course must require the student to
�	complete:
�	�������������(1)��7 hours of behind-the-wheel instruction in the
�	presence of a person who holds a driver education instructor
�	license or who meets the requirements imposed under Section
�	521.205, Transportation Code;
�	�������������(2)��7 hours of observation instruction in the presence
�	of a person who holds a driver education instructor license or who
�	meets the requirements imposed under Section 521.205,
�	Transportation Code; and
�	�������������(3)��20 hours of behind-the-wheel instruction,
�	including at least 10 hours of instruction that takes place at
�	night, in the presence of an adult who meets the requirements of
�	Section 521.222(d)(2), Transportation Code.
�	�������SECTION�12.04.��Subchapter F, Chapter 1001, Education Code,
�	is amended by adding Section 1001.257 to read as follows:
�	�������Sec.�1001.257.��DENIAL OF LICENSE. �The commissioner may not
�	issue or renew a driver education instructor license, including a
�	temporary license, to a person who has six or more points assigned
�	to the person's driver's license under Subchapter B, Chapter 708,
�	Transportation Code.
�	�������SECTION�12.05.��Section 521.165, Transportation Code, is
�	amended by amending Subsection (c) and adding Subsection (d) to
�	read as follows:
�	�������(c)��Except as provided by Subsection (d), in [In] issuing a
�	driver's license for certain types of vehicles, the director may
�	waive a driving test for an applicant who has successfully
�	completed and passed the training and testing conducted by a person
�	certified under Subsection (a).
�	�������(d)��The director may not waive the driving test required by
�	Section 521.161 for an applicant who is under 18 years of age.
�	�������SECTION�12.06.��Section 521.204(a), Transportation Code, is
�	amended to read as follows:
�	�������(a)��The department may issue a Class C driver's license to
�	an applicant under 18 years of age only if the applicant:
�	�������������(1)��is 16 years of age or older;
�	�������������(2)��has submitted to the department a driver education
�	certificate issued under Section 9A, Texas Driver and Traffic
�	Safety Education Act (Article 4413(29c), Vernon's Texas Civil
�	Statutes), that states that the person has completed and passed a
�	driver education course approved by the department under Section
�	521.205 or by the Texas Education Agency;
�	�������������(3)��has obtained a high school diploma or its
�	equivalent or is a student:
�	�������������������(A)��enrolled in a public school, home school, or
�	private school who attended school for at least 80 days in the fall
�	or spring semester preceding the date of the driver's license
�	application; or
�	�������������������(B)��who has been enrolled for at least 45 days,
�	and is enrolled as of the date of the application, in a program to
�	prepare persons to pass the high school equivalency exam; [and]
�	�������������(4)��has submitted to the department written parental
�	or guardian permission for the department to access the applicant's
�	school enrollment records maintained by the Texas Education Agency;
�	and
�	�������������(5)��has passed the examination required by Section
�	521.161.
�	�������SECTION�12.07.��Section 521.205(a), Transportation Code, is
�	amended to read as follows:
�	�������(a)��The department by rule shall provide for approval of a
�	driver education course conducted by the parent, stepparent, foster
�	parent,�legal guardian, step-grandparent, or grandparent of a
�	person who is required to complete a driver education course to
�	obtain a Class C license. The rules must provide that:
�	�������������(1)��the person conducting the course possess a valid
�	license for the preceding three years that [and the license] has not
�	been suspended, revoked, or forfeited in the past three years for an
�	offense that involves the operation of a motor vehicle [traffic
�	related violations];
�	�������������(2)��the student driver spend a minimum number of hours
�	in:
�	�������������������(A)��classroom instruction; and
�	�������������������(B)��behind-the-wheel instruction;
�	�������������(3)��the person conducting the course not be convicted
�	of:
�	�������������������(A)��criminally negligent homicide; or
�	�������������������(B)��driving while intoxicated; [and]
�	�������������(4)��the person conducting the course not be disabled
�	because of mental illness; and
�	�������������(5)��the person conducting the course not have six or
�	more points assigned to the person's driver's license under
�	Subchapter B, Chapter 708, at the time the person begins conducting
�	the course.
�	�������SECTION�12.08.��Subchapter J, Chapter 521, Transportation
�	Code, is amended by adding Section 521.206 to read as follows:
�	�������Sec.�521.206.��COLLISION RATE STATISTICS PUBLICATION. �(a) �
�	The department shall collect data regarding collisions of students
�	taught by public schools, driver education schools licensed under
�	Chapter 1001, Education Code, and other entities that offer driver
�	education courses to students for which a uniform certificate of
�	course completion is issued. �The collision rate is computed by
�	determining the number of an entity's students who complete a
�	driver education course during a state fiscal year, dividing that
�	number by the number of collisions that involved students who
�	completed such a course and that occurred in the 12-month period
�	following their licensure, and expressing the quotient as a
�	percentage.
�	�������(b)��The department shall collect data regarding the
�	collision rate of students taught by course instructors approved
�	under Section 521.205. The collision rate is computed by
�	determining the number of students who completed a course approved
�	under Section 521.205 during a state fiscal year, dividing that
�	number by the number of collisions that involved students who
�	completed such a course and that occurred in the 12-month period
�	following their licensure, and expressing the quotient as a
�	percentage.
�	�������(c)��Not later than October 1 of each year, the department
�	shall issue a publication listing the collision rate for students
�	taught by each driver education entity and the collision rate for
�	students taught by a course instructor approved under Section
�	521.205, noting the severity of collisions involving students of
�	each entity and each type of course.
�	�������SECTION�12.09.��Section 521.271, Transportation Code, is
�	amended by amending Subsection (a) and adding Subsection (a-1) to
�	read as follows:
�	�������(a)��Each original driver's license and provisional license
�	expires as follows:
�	�������������(1)��except as provided by Section 521.2711, a driver's
�	license expires on the first birthday of the license holder
�	occurring after the sixth anniversary of the date of the
�	application;
�	�������������(2)��a provisional license expires on [the earlier of:
�	�������������������[(A)]��the 18th birthday of the license holder[;
�	or
�	�������������������[(B) � � the first birthday of the license holder
�	occurring after the date of the application];
�	�������������(3)��an instruction permit expires on the 18th birthday
�	of the license holder [second birthday of the license holder
�	occurring after the date of the application]; and
�	�������������(4)��an occupational license expires on the first
�	anniversary of the court order granting the license.
�	�������(a-1)��The department and the Texas Education Agency shall
�	enter into a memorandum of understanding under which the department
�	may access the agency's electronic enrollment records to verify a
�	student's enrollment in a public school. The memorandum of
�	understanding must specify that the department may only access
�	information necessary to verify the identity and enrollment status
�	of a license renewal applicant and only if a parent or guardian of
�	the applicant has provided written permission for the department to
�	access that information. Nothing in this subsection may be
�	construed to allow the release of information in violation of the
�	Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
�	Section 1232g).
�	�������SECTION�12.10.��Section 521.421(c), Transportation Code, is
�	amended to read as follows:
�	�������(c)��The fee for issuance [or renewal] of a provisional
�	license or instruction permit is $15 [$5].
�	�������SECTION�12.11.��Section 545.424, Transportation Code, is
�	amended by amending Subsections (a), (b), and (c) and adding
�	Subsection (f) to read as follows:
�	�������(a)��A person under 18 years of age[, during the six-month
�	period following issuance of an original Class A, B, or C driver's
�	license to the person,] may not operate a motor vehicle:
�	�������������(1)��during the 12-month period following issuance of
�	an original Class A, B, or C driver's license to the person:
�	�������������������(A)��after midnight and before 5 a.m. unless the
�	operation of the vehicle is necessary for the operator to attend or
�	participate in employment or a school-related activity or because
�	of a medical emergency; or
�	�������������������(B)�[(2)]��with more than one passenger in the
�	vehicle under 21 years of age who is not a family member; or
�	�������������(2)�[(3)]��while using a wireless communications
�	device, except in case of emergency.
�	�������(b)��A person under 17 years of age who holds a restricted
�	motorcycle license or moped license, during the 12-month
�	[six-month] period following the issuance of an original motorcycle
�	license or moped license to the person, may not operate a motorcycle
�	or moped:
�	�������������(1)��after midnight and before 5 a.m. unless:
�	�������������������(A)��the person is in sight of the person's parent
�	or guardian; or
�	�������������������(B)��the operation of the vehicle is necessary for
�	the operator to attend or participate in employment or a
�	school-related activity or because of a medical emergency; or
�	�������������(2)��while using a wireless communications device,
�	except in case of emergency.
�	�������(c)��This section does not apply to:
�	�������������(1)��the holder of a hardship license; [or]
�	�������������(2)��a person operating a motor vehicle while
�	accompanied in the manner required by Section 521.222(d)(2) for the
�	holder of an instruction permit; or
�	�������������(3)��a person licensed by the Federal Communications
�	Commission to operate a wireless communication device or a radio
�	frequency device.
�	�������(f)��In this section, "wireless communication device"�means
�	a handheld or hands-free device that uses commercial mobile
�	service, as defined by 47 U.S.C. Section 332.
�	�������SECTION�12.12.��(a) �For the purpose of compiling data for
�	the publication required by Section 521.206, Transportation Code,
�	as added by this article, the Texas Department of Public Safety
�	shall determine the number of minor students taught by each driver
�	education entity and the total number of minor students taught by
�	courses approved under Section 521.205, Transportation Code, who
�	become licensed during the state fiscal year beginning September 1,
�	2009, and ending August 31, 2010.
�	�������(b)��The first publication of collision rate data compiled
�	under Section 521.206, Transportation Code, as added by this
�	article, shall be issued not later than October 1, 2011.
�	�������SECTION�12.13.��Not later than November 30, 2009, the Texas
�	Department of Public Safety shall appoint a task force to review and
�	make recommendations regarding the effectiveness of the materials
�	provided by the Texas Education Agency for use in courses licensed
�	under Chapter 1001, Education Code, or authorized by Section
�	521.205, Transportation Code. �The task force shall consist of the
�	following members:
�	�������������(1)��a representative of the Texas Department of Public
�	Safety;
�	�������������(2)��a representative of the Texas Education Agency;
�	�������������(3)��a commercial provider of driver education courses;
�	�������������(4)��a member of an interested group or association, as
�	determined by the department; and
�	�������������(5)��other appropriate members, as determined by the
�	department.
�	�������SECTION�12.14.��(a) �Section 29.902(c), Education Code, as
�	added by this article, applies beginning with the 2010-2011 school
�	year.
�	�������(b)��Not later than January 1, 2010, the commissioner of
�	education shall adopt rules as required by Section 1001.101,
�	Education Code, as amended by this article.
�	�������(c)��Each driver education and training program approved by
�	the Texas Education Agency under Chapter 1001, Education Code, must
�	comply with the curriculum requirements of Section 1001.101,
�	Education Code, as amended by this article, not later than May 1,
�	2010.
�	�������(d)��Section 521.165, Transportation Code, as amended by
�	this article, applies only to an application for a driver's license
�	submitted on or after the effective date of this article. An
�	application for a driver's license submitted before the effective
�	date of this article is subject to the law in effect on the date the
�	application was submitted, and that law is continued in effect for
�	that purpose.
�	�������(e)��The changes in law made by this article to Section
�	521.205, Transportation Code, apply to a course approved under that
�	section that begins on or after the effective date of this article.
�	A course beginning before the effective date of this article is
�	governed by the law in effect on the date the course was commenced,
�	and that law is continued in effect for that purpose.
�	�������(f)��The changes in law made by this article to Sections
�	521.271, 521.421, and 545.424, Transportation Code, apply only to a
�	person issued a driver's license on or after the effective date of
�	this article. A person issued a driver's license before the
�	effective date of this article is governed by the law in effect on
�	the date the license was issued, and that law is continued in effect
�	for that purpose.
�	�������SECTION�12.15.��This article takes effect September 1, 2009.
�	ARTICLE 12A. �DISPLAY OF LICENSE TO
�	CARRY A CONCEALED HANDGUN
�	�������SECTION�12A.01.��Sections 411.187(a) and (c), Government
�	Code, are amended to read as follows:
�	�������(a)��A license may be suspended under this section if the
�	license holder:
�	�������������(1)��is charged with the commission of a Class A or
�	Class B misdemeanor or an offense under Section 42.01, Penal Code,
�	or of a felony under an information or indictment;
�	�������������(2)��[fails to display a license as required by Section
�	411.205;
�	�������������[(3)] fails to notify the department of a change of
�	address or name as required by Section 411.181;
�	�������������(3)�[(4)]��carries a concealed handgun under the
�	authority of this subchapter of a different category than the
�	license holder is licensed to carry;
�	�������������(4)�[(5)]��fails to return a previously issued license
�	after a license is modified as required by Section 411.184(d);
�	�������������(5)�[(6)]��commits an act of family violence and is the
�	subject of an active protective order rendered under Title 4,
�	Family Code; or
�	�������������(6)�[(7)]��is arrested for an offense involving family
�	violence or an offense under Section 42.072, Penal Code, and is the
�	subject of an order for emergency protection issued under Article
�	17.292, Code of Criminal Procedure.
�	�������(c)��A license may be suspended under this section:
�	�������������(1)��for 30 days, if the person's license is subject to
�	suspension for a reason listed in Subsection (a)(2), (3) [(a)(3)],
�	or (4), [or (5),] except as provided by Subdivision (2) [(3)];
�	�������������(2)��[for 90 days, if the person's license is subject to
�	suspension for a reason listed in Subsection (a)(2), except as
�	provided by Subdivision (3);
�	�������������[(3)] for not less than one year and not more than three
�	years if the person's license is subject to suspension for a reason
�	listed in Subsection (a), other than the reason listed in
�	Subsection (a)(1), and the person's license has been previously
�	suspended for the same reason;
�	�������������(3)�[(4)]��until dismissal of the charges if the
�	person's license is subject to suspension for the reason listed in
�	Subsection (a)(1); or
�	�������������(4)�[(5)]��for the duration of or the period specified
�	by:
�	�������������������(A)��the protective order issued under Title 4,
�	Family Code, if the person's license is subject to suspension for
�	the reason listed in Subsection (a)(5) [(a)(6)]; or
�	�������������������(B)��the order for emergency protection issued
�	under Article 17.292, Code of Criminal Procedure, if the person's
�	license is subject to suspension for the reason listed in
�	Subsection (a)(6) [(a)(7)].
�	�������SECTION�12A.02.��Section 411.205, Government Code, is
�	amended to read as follows:
�	�������Sec.�411.205.��REQUIREMENT TO DISPLAY [DISPLAYING]
�	LICENSE[; PENALTY]. �[(a)] �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 department and the license holder's handgun license. [A person
�	who fails or refuses to display the license and identification as
�	required by this subsection is subject to suspension of the
�	person's license as provided by Section 411.187.
�	�������[(b) � � A person commits an offense if the person fails or
�	refuses to display the license and identification as required by
�	Subsection (a) after previously having had the person's license
�	suspended for a violation of that subsection. An offense under this
�	subsection is a Class B misdemeanor.]
�	�������SECTION�12A.03.��An offense under Section 411.205,
�	Government Code, may not be prosecuted after the effective date of
�	this article. If, on the effective date of this article, a criminal
�	action is pending for an offense under Section 411.205, the action
�	is dismissed on that date. However, a final conviction for an
�	offense under Section 411.205 that exists on the effective date of
�	this article is unaffected by this article.
�	�������SECTION�12A.04.��This article takes effect September 1,
�	2009.
�	ARTICLE 13. REGULATION OF DRIVER'S LICENSES AND PERSONAL
�	IDENTIFICATION CERTIFICATES BY DEPARTMENT
�	�������SECTION�13.01.��Section 521.029, Transportation Code, is
�	amended to read as follows:
�	�������Sec.�521.029.��OPERATION OF MOTOR VEHICLE BY NEW STATE
�	RESIDENTS. (a)��A person who enters this state as a new resident
�	may operate a motor vehicle in this state for no more than 90 [30]
�	days after the date on which the person enters this state if the
�	person:
�	�������������(1)��is 16 years of age or older; and
�	�������������(2)��has in the person's possession a driver's license
�	issued to the person by the person's state or country of previous
�	residence.
�	�������(b)��If a person subject to this section is prosecuted for
�	operating a motor vehicle without a driver's license, the
�	prosecution alleges that the person has resided in this state for
�	more than 90 [30] days, and the person claims to have been covered
�	by Subsection (a), the person must prove by the preponderance of the
�	evidence that the person has not resided in this state for more than
�	90 [30] days.
�	�������SECTION�13.02.��Subchapter C, Chapter 521, Transportation
�	Code, is amended by adding Section 521.060 to read as follows:
�	�������Sec.�521.060.��INTERNAL VERIFICATION SYSTEM. (a)��The
�	department by rule shall establish a system for identifying unique
�	addresses that are submitted in license or certificate applications
�	under this chapter or Chapter 522 in a frequency or number that, in
�	the department's determination, casts doubt on whether the
�	addresses are the actual addresses where the applicants reside.
�	�������(b)��The department may contract with a third-party personal
�	data verification service to assist the department in implementing
�	this section.
�	�������(c)��The department shall investigate the validity of
�	addresses identified under Subsection (a).
�	�������(d)��The department may disclose the results of an
�	investigation under Subsection (c) to a criminal justice agency for
�	the purposes of enforcing Section 521.4565 or other provisions of
�	this chapter or Chapter 522.
�	�������(e)��In this section, "criminal justice agency" has the
�	meaning assigned by Article 60.01, Code of Criminal Procedure.
�	�������SECTION�13.03.��Section 521.101, Transportation Code, is
�	amended by adding Subsection (j) to read as follows:
�	�������(j)��The department may not issue a personal identification
�	certificate to a person who has not established a domicile in this
�	state.
�	�������SECTION�13.04.��Subchapter G, Chapter 521, Transportation
�	Code, is amended by adding Sections 521.1426 and 521.1427 to read as
�	follows:
�	�������Sec.�521.1426.��DOMICILE REQUIREMENT; VERIFICATION.
�	(a)��The department may not issue a driver's license or a personal
�	identification certificate to a person who has not established a
�	domicile in this state.
�	�������(b)��The department shall adopt rules for determining
�	whether a domicile has been established, including rules
�	prescribing the types of documentation the department may require
�	from the applicant to verify the validity of the claimed domicile.
�	�������(c)��The department may contract with a third-party personal
�	data verification service to assist the department in verifying a
�	claim of domicile, including whether the physical address provided
�	by the applicant is the applicant's actual residence.
�	�������Sec.�521.1427.��POST OFFICE BOX NOT VALID AS ADDRESS.
�	(a)��In this section, "post office box address" means a United
�	States Postal Service post office box address or a private mailbox
�	address.
�	�������(b)��Unless an exception exists under state or federal law,
�	an applicant may receive delivery of a license or a personal
�	identification certificate at a post office box address only if the
�	applicant has provided the department the physical address where
�	the applicant resides.
�	�������(c)��The department may require the applicant to provide
�	documentation that the department determines necessary to verify
�	the validity of the physical address provided under Subsection (b).
�	�������(d)��The department may contract with a third-party personal
�	data verification service to assist the department in verifying
�	whether the physical address provided by the applicant is the
�	applicant's actual residence.
�	�������SECTION�13.05.��Subchapter C, Chapter 522, Transportation
�	Code, is amended by adding Sections 522.0225 and 522.0226 to read as
�	follows:
�	�������Sec.�522.0225.��VERIFICATION OF DOMICILE. (a)��The
�	department shall adopt rules for determining whether a domicile has
�	been established under Section 522.022, including rules
�	prescribing the types of documentation the department may require
�	from the applicant to determine the validity of the claimed
�	domicile.
�	�������(b)��The department may contract with a third-party personal
�	data verification service to assist the department in verifying a
�	claim of domicile, including whether the physical address provided
�	by the applicant is the applicant's actual residence.
�	�������Sec.�522.0226.��POST OFFICE BOX NOT VALID AS ADDRESS.
�	(a)��In this section, "post office box address" means a United
�	States Postal Service post office box address or a private mailbox
�	address.
�	�������(b)��Unless an exception exists under state or federal law,
�	an applicant may receive delivery of a commercial driver's license
�	at a post office box address only if the applicant has provided the
�	department the physical address where the applicant resides.
�	�������(c)��The department may require the applicant to provide
�	documentation that the department determines necessary to verify
�	the validity of the physical address provided under Subsection (b).
�	�������(d)��The department may contract with a third-party personal
�	data verification service to assist the department in verifying
�	whether the physical address provided by the applicant is the
�	applicant's actual residence.
�	�������SECTION�13.06.��Subchapter S, Chapter 521, Transportation
�	Code, is amended by adding Section 521.4565 to read as follows:
�	�������Sec.�521.4565.��CONSPIRING TO MANUFACTURE COUNTERFEIT
�	LICENSE OR CERTIFICATE. (a)��In this section:
�	�������������(1)��"Combination," "conspires to commit," "profits,"
�	and "criminal street gang" have the meanings assigned by Section
�	71.01, Penal Code.
�	�������������(2)��"Conspires to manufacture or produce" means that:
�	�������������������(A)��a person agrees with one or more other
�	persons to engage in the manufacture or production of a forged or
�	counterfeit instrument; and
�	�������������������(B)��the person and one or more of the other
�	persons perform an overt act in pursuance of the agreement.
�	�������������(3)��"Instrument" means a driver's license, commercial
�	driver's license, or personal identification certificate.
�	�������������(4)��"Public servant" has the meaning assigned by
�	Section 1.07, Penal Code.
�	�������(b)��A person commits an offense if the person establishes,
�	maintains, or participates in or conspires to establish, maintain,
�	or participate in a combination or criminal street gang, or
�	participates in the profits of a combination or criminal street
�	gang, with the intent to manufacture or produce a forged or
�	counterfeit instrument for the purpose of selling, distributing, or
�	delivering such instrument. An agreement constituting conspiring
�	to manufacture or produce may be inferred from the acts of the
�	parties.
�	�������(c)��An offense under this section is a state jail felony,
�	except that an offense committed by a public servant is a felony of
�	the third degree.
�	�������SECTION�13.07.��The Department of Public Safety of the State
�	of Texas shall adopt rules required by the amendments of this
�	article to Chapters 521 and 522, Transportation Code, as soon as
�	practicable after the effective date of this article.
�	�������SECTION�13.08.��This article takes effect immediately if
�	this Act 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 article takes effect September 1, 2009.
�	ARTICLE 13A. �DRIVER'S LICENSE ISSUED TO CERTAIN FEDERAL AND
�	STATE JUDGES AND SPOUSES
�	�������SECTION�13A.01.��Section 521.001, Transportation Code, is
�	amended by adding Subdivisions (3-a) and (8-a) to read as follows:
�	�������������(3-a)��"Federal judge" means:
�	�������������������(A)��a judge of a United States court of appeals;
�	�������������������(B)��a judge of a United States district court;
�	�������������������(C)��a judge of a United States bankruptcy court;
�	or
�	�������������������(D)��a magistrate judge of a United States
�	district court.
�	�������������(8-a)��"State judge" means:
�	�������������������(A)��the judge of an appellate court, a district
�	court, or a county court at law of this state; or
�	�������������������(B)��an associate judge appointed under Chapter
�	201, Family Code.
�	�������SECTION�13A.02.��Sections 521.054(a) and (b),
�	Transportation Code, are amended to read as follows:
�	�������(a)��This section applies to a person who:
�	�������������(1)��after applying for or being issued a [the] license
�	or certificate moves to a new residence [from the] address [stated
�	in the person's application for a license or certificate];
�	�������������(2)��has used the procedure under Section 521.121(d)
�	and whose status as a federal judge, a state judge, or the spouse of
�	a federal or state judge becomes inapplicable�[moves from the
�	address shown on the license or certificate held by the person]; or
�	�������������(3)��changes the person's name by marriage or
�	otherwise.
�	�������(b)��A person subject to this section shall notify the
�	department of the change not later than the 30th day after the date
�	on which the change takes effect and apply for a duplicate license
�	or certificate as provided by Section 521.146. The duplicate
�	license must include the person's current residence address.
�	�������SECTION�13A.03.��Section 521.121, Transportation Code, is
�	amended by amending Subsection (a) and adding Subsection (d) to
�	read as follows:
�	�������(a)��The driver's license must include:
�	�������������(1)��a distinguishing number assigned by the department
�	to the license holder;
�	�������������(2)��a color photograph of the entire face of the
�	holder;
�	�������������(3)��the full name and[,] date of birth[, and residence
�	address] of the holder; [and]
�	�������������(4)��a brief description of the holder; and
�	�������������(5)��the license holder's residence address or, for a
�	license holder using the procedure under Subsection (d), the street
�	address of the courthouse in which the license holder or license
�	holder's spouse serves as a federal judge or state judge.
�	�������(d)��The department shall establish a procedure for a federal
�	judge, a state judge, or the spouse of a federal or state judge to
�	omit the license holder's residence address on the license and to
�	include, in lieu of that address, the street address of the
�	courthouse in which the license holder or license holder's spouse
�	serves as a federal judge or state judge. In establishing the
�	procedure, the department shall require sufficient documentary
�	evidence to establish the license holder's status as a federal
�	judge, state judge, or the spouse of a federal or state judge.
�	�������SECTION�13A.04.��Section 521.142(c), Transportation Code,
�	is amended to read as follows:
�	�������(c)��The application must state:
�	�������������(1)��the sex of the applicant;
�	�������������(2)��the residence address of the applicant, or if the
�	applicant is a federal judge, a state judge, or the spouse of a
�	federal or state judge using the procedure developed under Section
�	521.121(d), the street address of the courthouse in which the
�	applicant or the applicant's spouse serves as a federal judge or a
�	state judge;
�	�������������(3)��whether the applicant has been licensed to drive a
�	motor vehicle before;
�	�������������(4)��if previously licensed, when and by what state or
�	country;
�	�������������(5)��whether that license has been suspended or revoked
�	or a license application denied;
�	�������������(6)��the date and reason for the suspension,
�	revocation, or denial;
�	�������������(7)��whether the applicant is a citizen of the United
�	States; and
�	�������������(8)��the county of residence of the applicant.
�	ARTICLE 14. USE OF AN OFFENDER IDENTIFICATION CARD OR SIMILAR FORM
�	OF IDENTIFICATION AS PROOF OF IDENTITY FOR AN APPLICANT FOR A
�	DRIVER'S LICENSE OR COMMERCIAL DRIVER'S LICENSE
�	�������SECTION�14.01.��Subsection (a), Section 521.142,
�	Transportation Code, is amended to read as follows:
�	�������(a)��An application for an original license must state the
�	applicant's full name and place and date of birth. �This information
�	must be verified by presentation of proof of identity satisfactory
�	to the department. �The department must accept as satisfactory
�	proof of identity under this subsection an offender identification
�	card or similar form of identification issued to an inmate by the
�	Texas Department of Criminal Justice if the applicant also provides
�	supplemental verifiable records or documents that aid in
�	establishing identity.
�	�������SECTION�14.02.��Subchapter G, Chapter 521, Transportation
�	Code, is amended by adding Section 521.1421 to read as follows:
�	�������Sec.�521.1421.��INMATE IDENTIFICATION VERIFICATION PILOT
�	PROGRAM. �(a)��The department shall participate in an inmate
�	identification verification pilot program for the purpose of
�	issuing driver's licenses and personal identification certificates
�	to inmates of the Texas Department of Criminal Justice.
�	�������(b)��Under the pilot program, the department may:
�	�������������(1)��enter into a contract with the Texas Department of
�	Criminal Justice and the Department of State Health Services to
�	establish an identification verification process for inmates of the
�	Texas Department of Criminal Justice; and
�	�������������(2)��issue a driver's license or a personal
�	identification certificate to an inmate whose identity has been
�	confirmed through the verification process and who otherwise meets
�	the requirements for the issuance of the driver's license or
�	personal identification certificate.
�	�������(c)��At the conclusion of the pilot program the governing
�	bodies of the participating agencies may agree to continue the
�	pilot program on a permanent basis.
�	�������(d)��Not later than December 1, 2010, the department and the
�	Texas Department of Criminal Justice shall jointly issue a report
�	to the standing committees of the legislature with jurisdiction
�	over issues related to criminal justice and homeland security
�	addressing:
�	�������������(1)��the status of the pilot program;
�	�������������(2)��the effectiveness of the pilot program; and
�	�������������(3)��an analysis of the feasibility of implementing a
�	statewide program based on the pilot program.
�	�������SECTION�14.03.��Subsection (c-1), Section 522.021,
�	Transportation Code, is amended to read as follows:
�	�������(c-1)��If the department requires proof of an applicant's
�	identity as part of an application under this section, the
�	department must accept as satisfactory proof of identity an
�	offender identification card or similar form of identification
�	issued to an inmate by the Texas Department of Criminal Justice if
�	the applicant also provides supplemental verifiable records or
�	documents that aid in establishing identity.
�	�������SECTION�14.04.��The changes in law made by this article apply
�	only to an application for a driver's license, commercial driver's
�	license, or personal identification certificate submitted on or
�	after the effective date of this article. An application for a
�	driver's license, commercial driver's license, or personal
�	identification certificate submitted before the effective date of
�	this article is subject to the law in effect on the date the
�	application was submitted, and that law is continued in effect for
�	that purpose.
�	�������SECTION�14.05.��This article takes effect September 1, 2009.
�	ARTICLE 15. DRIVER RESPONSIBILITY PROGRAM
�	�������SECTION�15.01.��Section 708.151, Transportation Code, is
�	amended to read as follows:
�	�������Sec.�708.151.��NOTICE OF SURCHARGE. (a)��The department
�	shall send notices as required by Subsection (b) to�[notify] the
�	holder of a driver's license when�[of the assessment of] a surcharge
�	is assessed�on that license. �Each notice must:
�	�������������(1)��be sent by first class mail [sent] to the person's
�	most recent address as shown on the records of the department or to
�	the person's most recent forwarding address on record with the
�	United States Postal Service if it is different;
�	�������������(2)��[. The notice must] specify the date by which the
�	surcharge must be paid;
�	�������������(3)��state the total dollar amount of the surcharge
�	that must be paid, the number of monthly payments required under an
�	installment payment plan, and the minimum monthly payment required
�	for a person to enter and maintain an installment payment plan with
�	the department; and
�	�������������(4)��state the consequences of a failure to pay the
�	surcharge.
�	�������(b)��The department shall send a first notice not later than
�	the fifth day after the date the surcharge is assessed.
�	�������(c)��If on or before the 45th day after the date the first
�	notice was sent the person fails to pay the amount of the surcharge
�	or fails to enter into an installment payment agreement with the
�	department, the department shall send a second notice. �If on or
�	before the 60th day after the date the second notice was sent the
�	person fails to pay the amount of the surcharge or fails to enter
�	into an installment payment agreement with the department, the
�	department shall send a third notice that advises the person that
�	the person's driving privileges are suspended.
�	�������SECTION�15.02.��Section 708.152(a), Transportation Code, is
�	amended to read as follows:
�	�������(a)��If on�[before] the 60th�[30th] day after the date the
�	department sends a second�notice under Section 708.151 the person
�	fails to pay the amount of a surcharge on the person's license or
�	fails to enter into an installment payment agreement with the
�	department, the license of the person is automatically suspended. �
�	A person's license may not be suspended under this section before
�	the 105th day after the date the surcharge was assessed by the
�	department.
�	�������SECTION�15.03.��Section 708.153(b), Transportation Code, is
�	amended to read as follows:
�	�������(b)��A rule under this section:
�	�������������(1)��may not require [permit] a person to:
�	�������������������(A)��pay surcharges that total $500 or more [a
�	surcharge] over a period of less [more] than 36 consecutive months;
�	�������������������(B)��pay surcharges that total more than $250 but
�	not more than $499 over a period of less than 24 consecutive months;
�	or
�	�������������������(C)��pay surcharges that total $249 or less over a
�	period of less than 12 consecutive months; and
�	�������������(2)��may provide that if the person fails to make any�
�	[a] required monthly�installment payment, the department may
�	reestablish the installment plan on receipt of a payment in the
�	amount equal to at least a required monthly installment payment�[or
�	declare the amount of the unpaid surcharge immediately due and
�	payable].
�	�������SECTION�15.04.��Subchapter D, Chapter 708, Transportation
�	Code, is amended by adding Section 708.158 to read as follows:
�	�������Sec.�708.158.��INDIGENT STATUS AND REDUCTION OF SURCHARGES. �
�	(a) �The department shall waive all surcharges assessed under this
�	chapter for a person who is indigent. �For the purposes of this
�	section, a person is considered to be indigent if the person
�	provides the evidence described by Subsection (b) to the court.
�	�������(b)��A person must provide information to the court in which
�	the person is convicted of the offense that is the basis for the
�	surcharge to establish that the person is indigent. �The following
�	documentation may be used as proof:
�	�������������(1)��a copy of the person's most recent federal income
�	tax return that shows that the person's income or the person's
�	household income does not exceed 125 percent of the applicable
�	income level established by the federal poverty guidelines;
�	�������������(2)��a copy of the person's most recent statement of
�	wages that shows that the person's income or the person's household
�	income does not exceed 125 percent of the applicable income level
�	established by the federal poverty guidelines; or
�	�������������(3)��documentation from a federal agency, state agency,
�	or school district that indicates that the person or, if the person
�	is a dependent as defined by Section 152, Internal Revenue Code of
�	1986, the taxpayer claiming the person as a dependent, receives
�	assistance from:
�	�������������������(A)��the food stamp program or the financial
�	assistance program established under Chapter 31, Human Resources
�	Code;
�	�������������������(B)��the federal special supplemental nutrition
�	program for women, infants, and children authorized by 42 U.S.C.
�	Section 1786;
�	�������������������(C)��the medical assistance program under Chapter
�	32, Human Resources Code;
�	�������������������(D)��the child health plan program under Chapter
�	62, Health and Safety Code; or
�	�������������������(E)��the national free or reduced-price lunch
�	program established under 42 U.S.C. Section 1751 et seq.
�	�������SECTION�15.05.��Section 708.157(c), Transportation Code, is
�	amended to read as follows:
�	�������(c)��The department by rule shall�[may] establish an
�	indigency program for holders of a driver's license on which a
�	surcharge has been assessed for certain offenses, as determined by
�	the department.
�	�������SECTION�15.06.��Subchapter B, Chapter 708, Transportation
�	Code, is amended by adding Section 708.056 to read as follows:
�	�������Sec.�708.056.��DEDUCTION OF POINTS. The department by rule
�	shall establish a procedure to provide for the deduction of one
�	point accumulated by a person under this subchapter to account for
�	each year that the person has not accumulated points under this
�	subchapter.
�	�������SECTION�15.07.��The changes in law made by this article apply
�	only to a surcharge that is assessed under Chapter 708,
�	Transportation Code, on or after the effective date of this
�	article. �A surcharge that was assessed under that chapter before
�	the effective date of this article is subject to the law in effect
�	on the date the surcharge was assessed, and that law is continued in
�	effect for that purpose.
�	�������SECTION�15.08.��This article takes effect September 1, 2011.
�	ARTICLE 15A. MOTOR VEHICLE SAFETY RESPONSIBILITY
�	�������SECTION�15A.01.��Section 601.053, Transportation Code, is
�	amended by amending Subsection (b) and adding Subsection (c) to
�	read as follows:
�	�������(b)��Except as provided by Subsection (c), an [An] operator
�	who does not exhibit evidence of financial responsibility under
�	Subsection (a) is presumed to have operated the vehicle in
�	violation of Section 601.051.
�	�������(c)��Subsection (b) does not apply if the peace officer
�	determines through use of the verification program established
�	under Subchapter N that financial responsibility has been
�	established for the vehicle.
�	�������SECTION�15A.02.��Subchapter N, Chapter 601, Transportation
�	Code, as added by Chapter 1325 (H.B. 3588), Acts of the 78th
�	Legislature, Regular Session, 2003, is repealed.
�	ARTICLE 16. SUSPENSION OF A DRIVER'S LICENSE BY DEPARTMENT
�	�������SECTION�16.01.��Section 521.341, Transportation Code, is
�	amended to read as follows:
�	�������Sec.�521.341.��REQUIREMENTS FOR AUTOMATIC LICENSE
�	SUSPENSION.��Except as provided by Sections 521.344(d)-(i), a
�	license is automatically suspended on final conviction of the
�	license holder of:
�	�������������(1)��an offense under Section 19.05, Penal Code,
�	committed as a result of the holder's criminally negligent
�	operation of a motor vehicle;
�	�������������(2)��an offense under Section 38.04, Penal Code, if the
�	holder used a motor vehicle in the commission of the offense;
�	�������������(3)��an offense under Section 49.04, 49.045, or 49.08,
�	Penal Code;
�	�������������(4)��an offense under Section 49.07, Penal Code, if the
�	holder used a motor vehicle in the commission of the offense;
�	�������������(5)��an offense punishable as a felony under the motor
�	vehicle laws of this state;
�	�������������(6)��an offense under Section 550.021;
�	�������������(7)��an offense under Section 521.451 or 521.453; or
�	�������������(8)��an offense under Section 19.04, Penal Code, if the
�	holder used a motor vehicle in the commission of the offense.
�	�������SECTION�16.02.��Sections 521.342(a) and (b), Transportation
�	Code, are amended to read as follows:
�	�������(a)��Except as provided by Section 521.344, the license of a
�	person who was under 21 years of age at the time of the offense,
�	other than an offense classified as a misdemeanor punishable by
�	fine only, is automatically suspended on conviction of:
�	�������������(1)��an offense under Section 49.04, 49.045, or 49.07,
�	Penal Code, committed as a result of the introduction of alcohol
�	into the body;
�	�������������(2)��an offense under the Alcoholic Beverage Code,
�	other than an offense to which Section 106.071 of that code applies,
�	involving the manufacture, delivery, possession, transportation,
�	or use of an alcoholic beverage;
�	�������������(3)��a misdemeanor offense under Chapter 481, Health
�	and Safety Code, for which Subchapter P does not require the
�	automatic suspension of the license;
�	�������������(4)��an offense under Chapter 483, Health and Safety
�	Code, involving the manufacture, delivery, possession,
�	transportation, or use of a dangerous drug; or
�	�������������(5)��an offense under Chapter 485, Health and Safety
�	Code, involving the manufacture, delivery, possession,
�	transportation, or use of an abusable volatile chemical.
�	�������(b)��The department shall suspend for one year the license of
�	a person who is under 21 years of age and is convicted of an offense
�	under Section 49.04, 49.045, 49.07, or 49.08, Penal Code,
�	regardless of whether the person is required to attend an
�	educational program under Section 13(h), Article 42.12, Code of
�	Criminal Procedure, that is designed to rehabilitate persons who
�	have operated motor vehicles while intoxicated, unless the person
�	is placed under community supervision under that article and is
�	required as a condition of the community supervision to not operate
�	a motor vehicle unless the vehicle is equipped with the device
�	described by Section 13(i) of that article. If the person is
�	required to attend such a program and does not complete the program
�	before the end of the person's suspension, the department shall
�	suspend the person's license or continue the suspension, as
�	appropriate, until the department receives proof that the person
�	has successfully completed the program. On the person's successful
�	completion of the program, the person's instructor shall give
�	notice to the department and to the community supervision and
�	corrections department in the manner provided by Section 13(h),
�	Article 42.12, Code of Criminal Procedure.
�	�������SECTION�16.03.��Sections 521.344(a), (c), and (i),
�	Transportation Code, are amended to read as follows:
�	�������(a)��Except as provided by Sections 521.342(b) and 521.345,
�	and by Subsections (d)-(i), if a person is convicted of an offense
�	under Section 49.04, 49.045, or 49.07, Penal Code, the license
�	suspension:
�	�������������(1)��begins on a date set by the court that is not
�	earlier than the date of the conviction or later than the 30th day
�	after the date of the conviction, as determined by the court; and
�	�������������(2)��continues for a period set by the court according
�	to the following schedule:
�	�������������������(A)��not less than 90 days or more than one year,
�	if the person is punished under Section 49.04, 49.045, or 49.07,
�	Penal Code, except that if the person's license is suspended for a
�	second or subsequent offense under Section 49.07 committed within
�	five years of the date on which the most recent preceding offense
�	was committed, the suspension continues for a period of one year;
�	�������������������(B)��not less than 180 days or more than two years,
�	if the person is punished under Section 49.09(a) or (b), Penal Code;
�	or
�	�������������������(C)��not less than one year or more than two years,
�	if the person is punished under Section 49.09(a) or (b), Penal Code,
�	and is subject to Section 49.09(h) of that code.
�	�������(c)��The court shall credit toward the period of suspension a
�	suspension imposed on the person for refusal to give a specimen
�	under Chapter 724 if the refusal followed an arrest for the same
�	offense for which the court is suspending the person's license
�	under this chapter. The court may not extend the credit to a
�	person:
�	�������������(1)��who has been previously convicted of an offense
�	under Section 49.04, 49.045, 49.07, or 49.08, Penal Code; or
�	�������������(2)��whose period of suspension is governed by Section
�	521.342(b).
�	�������(i)��On the date that a suspension order under Section
�	521.343(c) is to expire, the period of suspension or the
�	corresponding period in which the department is prohibited from
�	issuing a license is automatically increased to two years unless
�	the department receives notice of successful completion of the
�	educational program as required by Section 13, Article 42.12, Code
�	of Criminal Procedure. At the time a person is convicted of an
�	offense under Section 49.04 or 49.045, Penal Code, the court shall
�	warn the person of the effect of this subsection. On the person's
�	successful completion of the program, the person's instructor shall
�	give notice to the department and to the community supervision and
�	corrections department in the manner required by Section 13,
�	Article 42.12, Code of Criminal Procedure. If the department
�	receives proof of completion after a period has been extended under
�	this subsection, the department shall immediately end the
�	suspension or prohibition.
�	�������SECTION�16.04.��Sections 13(h) and (n), Article 42.12, Code
�	of Criminal Procedure, are amended to read as follows:
�	�������(h)��If a person convicted of an offense under Sections
�	49.04-49.08, Penal Code, is placed on community supervision, the
�	judge shall require, as a condition of the community supervision,
�	that the defendant attend and successfully complete before the
�	181st day after the day community supervision is granted an
�	educational program jointly approved by the Texas Commission on
�	Alcohol and Drug Abuse, the Department of Public Safety, the
�	Traffic Safety Section of the Texas Department of Transportation,
�	and the community justice assistance division of the Texas
�	Department of Criminal Justice designed to rehabilitate persons who
�	have driven while intoxicated. The Texas Commission on Alcohol and
�	Drug Abuse shall publish the jointly approved rules and shall
�	monitor, coordinate, and provide training to persons providing the
�	educational programs. The Texas Commission on Alcohol and Drug
�	Abuse is responsible for the administration of the certification of
�	approved educational programs and may charge a nonrefundable
�	application fee for the initial certification of approval and for
�	renewal of a certificate. The judge may waive the educational
�	program requirement or may grant an extension of time to
�	successfully complete the program that expires not later than one
�	year after the beginning date of the person's community
�	supervision, however, if the defendant by a motion in writing shows
�	good cause. In determining good cause, the judge may consider but
�	is not limited to: the defendant's school and work schedule, the
�	defendant's health, the distance that the defendant must travel to
�	attend an educational program, and the fact that the defendant
�	resides out of state, has no valid driver's license, or does not
�	have access to transportation. The judge shall set out the finding
�	of good cause for waiver in the judgment. If a defendant is
�	required, as a condition of community supervision, to attend an
�	educational program or if the court waives the educational program
�	requirement, the court clerk shall immediately report that fact to
�	the Department of Public Safety, on a form prescribed by the
�	department, for inclusion in the person's driving record. If the
�	court grants an extension of time in which the person may complete
�	the program, the court clerk shall immediately report that fact to
�	the Department of Public Safety on a form prescribed by the
�	department. The report must include the beginning date of the
�	person's community supervision. Upon the person's successful
�	completion of the educational program, the person's instructor
�	shall give notice to the Department of Public Safety for inclusion
�	in the person's driving record and to the community supervision and
�	corrections department. The community supervision and corrections
�	department shall then forward the notice to the court clerk for
�	filing. �If the Department of Public Safety does not receive notice
�	that a defendant required to complete an educational program has
�	successfully completed the program within the period required by
�	this section, as shown on department records, the department shall
�	revoke the defendant's driver's license, permit, or privilege or
�	prohibit the person from obtaining a license or permit, as provided
�	by Sections 521.344(e) and (f), Transportation Code. �The
�	Department of Public Safety may not reinstate a license suspended
�	under this subsection unless the person whose license was suspended
�	makes application to the department for reinstatement of the
�	person's license and pays to the department a reinstatement fee of
�	$100 [$50]. �The Department of Public Safety shall remit all fees
�	collected under this subsection to the comptroller for deposit in
�	the general revenue fund. This subsection does not apply to a
�	defendant if a jury recommends community supervision for the
�	defendant and also recommends that the defendant's driver's license
�	not be suspended.
�	�������(n)��Notwithstanding any other provision of this section or
�	other law, the judge who places on community supervision a
�	defendant who was [is] younger than 21 years of age at the time of
�	the offense and was�convicted for an offense under Sections
�	49.04-49.08, Penal Code, shall:
�	�������������(1)��order that the defendant's driver's license be
�	suspended for 90 days beginning on the date that the person is
�	placed on community supervision; and
�	�������������(2)��require as a condition of community supervision
�	that the defendant not operate a motor vehicle unless the vehicle is
�	equipped with the device described by Subsection (i) of this
�	section.
�	�������SECTION�16.05.��The changes in law made by this article to
�	Sections 521.341, 521.342, and 521.344, Transportation Code, and
�	Section 13, Article 42.12, Code of Criminal Procedure, apply only
�	to an offense committed on or after the effective date of this
�	article. �For purposes of this section, an offense was committed
�	before the effective date of this article if any element of the
�	offense occurred before the effective date of this article.
�	�������SECTION�16.06.��This article takes effect September 1, 2009.
�	ARTICLE 17. SUBMISSION OF REPORTS ON CERTAIN CONVICTIONS OR
�	ADJUDICATIONS RELATING TO THE OPERATION OF MOTOR VEHICLES TO THE
�	DEPARTMENT
�	�������SECTION�17.01.��Subsections (a) and (b), Section 522.061,
�	Transportation Code, are amended to read as follows:
�	�������(a)��A person who holds or is required to hold a commercial
�	driver's license under this chapter and who is convicted in another
�	state of violating a state law or local ordinance relating to motor
�	vehicle traffic control shall notify the department in the manner
�	specified by the department not later than the seventh [30th] day
�	after the date of conviction.
�	�������(b)��A person who holds or is required to hold a commercial
�	driver's license under this chapter and who is convicted in this
�	state or another state of violating a state law or local ordinance
�	relating to motor vehicle traffic control, including a law
�	regulating the operation of vehicles on highways, shall notify the
�	person's employer in writing of the conviction not later than the
�	seventh [30th] day after the date of conviction.
�	�������SECTION�17.02.��Section 543.203, Transportation Code, is
�	amended to read as follows:
�	�������Sec.�543.203.��SUBMITTING RECORD TO DEPARTMENT.� Not later
�	than the seventh [30th] day after the date of conviction or
�	forfeiture of bail of a person on a charge of violating a law
�	regulating the operation of a vehicle on a highway or conviction of
�	a person of negligent homicide or a felony in the commission of
�	which a vehicle was used, the magistrate, judge, or clerk of the
�	court in which the conviction was had or bail was forfeited shall
�	immediately submit to the department a written record of the case
�	containing the information required by Section 543.202.
�	�������SECTION�17.03.��Subsection (a), Section 543.204,
�	Transportation Code, is amended to read as follows:
�	�������(a)��A justice of the peace or municipal judge who defers
�	further proceedings, suspends all or part of the imposition of the
�	fine, and places a defendant on probation under Article 45.051,
�	Code of Criminal Procedure, or a county court judge who follows that
�	procedure under Article 42.111, Code of Criminal Procedure, may not
�	submit a written record to the department, except that if the
�	justice or judge subsequently adjudicates the defendant's guilt,
�	the justice or judge shall submit the record not later than the
�	seventh [30th] day after the date on which the justice or judge
�	adjudicates guilt.
�	�������SECTION�17.04.��The change in law made by this article
�	applies only to a conviction, forfeiture of bail, or adjudication
�	of guilt that occurs on or after the effective date of this article.
�	�������SECTION�17.05.��This article takes effect September 1, 2009.
�	ARTICLE 18. CIVIL CONSEQUENCES OF CERTAIN CONVICTIONS ON A PERSON
�	WHO HOLDS A COMMERCIAL DRIVER'S LICENSE AND OF CERTAIN
�	ADJUDICATIONS ON THE DRIVER'S LICENSE OR PERMIT OF A CHILD
�	�������SECTION�18.01.��Section 522.081(d), Transportation Code, is
�	amended to read as follows:
�	�������(d)��A person is disqualified from driving a commercial motor
�	vehicle for life:
�	�������������(1)��if the person is convicted two or more times of an
�	offense specified by Subsection (b)(2), or a combination of those
�	offenses, arising from two or more separate incidents;
�	�������������(2)��if the person uses a motor vehicle in the
�	commission of a felony involving:
�	�������������������(A)��the manufacture, distribution, or dispensing
�	of a controlled substance; or
�	�������������������(B)��possession with intent to manufacture,
�	distribute, or dispense a controlled substance; [or]
�	�������������(3)��for any combination of two or more of the
�	following, arising from two or more separate incidents:
�	�������������������(A)��a conviction of the person for an offense
�	described by Subsection (b)(2);
�	�������������������(B)��a refusal by the person described by
�	Subsection (b)(3); and
�	�������������������(C)��an analysis of the person's blood, breath, or
�	urine described by Subsection (b)(4); or
�	�������������(4)��if the person uses a motor vehicle in the
�	commission of an offense under 8 U.S.C. Section 1324 that involves
�	the transportation, concealment, or harboring of an alien.
�	�������SECTION�18.02.��Section 54.042(a), Family Code, is amended
�	to read as follows:
�	�������(a)��A juvenile court, in a disposition hearing under Section
�	54.04, shall:
�	�������������(1)��order the Department of 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 Department of 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.
�	�������SECTION�18.03.��(a) The change in law made by this article
�	to Section 522.081, Transportation Code, applies only in connection
�	with a conviction that becomes final on or after the effective date
�	of this article. A conviction that became final before the
�	effective date of this article is covered by Section 522.081,
�	Transportation Code, as that section existed on the date the
�	conviction became final, and the former law is continued in effect
�	for that purpose.
�	�������(b)��The change in law made by this article in amending
�	Section 54.042, Family Code, applies only to conduct that occurs on
�	or after the effective date of this article. Conduct that occurred
�	before the effective date of this article is covered by the law in
�	effect at the time the conduct occurred, and the former law is
�	continued in effect for that purpose.
�	�������SECTION�18.04.��This article takes effect September 1, 2009.
�	ARTICLE 19. �[blank]
�	ARTICLE 20. ADMINISTRATIVE FINE AND LATE PAYMENT FEE FOR A
�	VIOLATION OF A PARKING RULE APPLICABLE TO THE CAPITOL COMPLEX
�	�������SECTION�20.01.��Subsections (a), (b), and (d), Section
�	411.067, Government Code, are amended to read as follows:
�	�������(a)��The department may [shall have authority to] adopt rules
�	for the assessment of an administrative fine of $25 [$10] for
�	violations of the parking rules adopted under Section 411.063.
�	Notwithstanding the provisions of Sections 411.065 and 411.066, the
�	department may [in its discretion] issue an administrative citation
�	for a parking violation.
�	�������(b)��Rules adopted under this section shall:
�	�������������(1)��establish a system for enforcement of
�	administrative citations, including [but not limited to]
�	assessment of a late fee not to exceed $5 [$2] and towing,
�	impoundment, or immobilization of vehicles; and
�	�������������(2)��provide [for] a procedure of administrative review
�	within the highway patrol district that includes the Capitol
�	Complex [capitol police district] and, on request of the person
�	assessed an administrative fine, further judicial review by the
�	department filing the appropriate citation or complaint in a court
�	[of competent jurisdiction], as provided in Section 411.066.
�	�������(d)��The department shall remit to the comptroller for
�	deposit in the general revenue fund each [any] administrative fine
�	and late fee collected [received] under this section. The money
�	deposited [Such revenues] may be appropriated only to the
�	department for [capitol police] security and parking in the highway
�	patrol district that includes the Capitol Complex.
�	�������SECTION�20.02.��This article takes effect September 1, 2009.
�	ARTICLE 21. CRIMINAL HISTORY REPORTING
�	�������SECTION�21.001. Chapter 60, Code of Criminal Procedure, is
�	amended by adding Article 60.10 to read as follows:
�	�������Art.�60.10.��DATA REPORTING IMPROVEMENT PLAN. (a)��In this
�	article, "disposition completeness percentage" has the meaning
�	assigned by Article 60.21(c).
�	�������(b)��This article applies only to a county that has an
�	average disposition completeness percentage, including both
�	juvenile and adult dispositions, of less than 90 percent, as
�	reflected in the first report the Department of Public Safety
�	submits under Article 60.21(b)(2) on or after January 1, 2009.
�	�������(c)��The commissioners court of a county described by
�	Subsection (b) shall establish a local data advisory board as
�	described by Article 60.09 not later than November 1, 2009. A local
�	data advisory board established under this article may include any
�	person described by Article 60.09(b) and must include:
�	�������������(1)��the sheriff of the county, or the sheriff's
�	designee;
�	�������������(2)��an attorney who represents the state in the
�	district courts of the county;
�	�������������(3)��an attorney who represents the state in the county
�	courts of the county;
�	�������������(4)��the clerk for the district courts of the county, or
�	the clerk's designee;
�	�������������(5)��the clerk for the county courts of the county, or
�	the clerk's designee;
�	�������������(6)��the police chief of the municipality with the
�	greatest population located in the county, or the chief's designee;
�	�������������(7)��a representative of the county's automated data
�	processing services, if the county performs those services; and
�	�������������(8)��a representative of an entity with whom the county
�	contracts for automated data processing services, if the county
�	contracts for those services.
�	�������(d)��In addition to the duties described by Article 60.09(a),
�	a local data advisory board established under this article must
�	prepare a data reporting improvement plan. The data reporting
�	improvement plan must:
�	�������������(1)��describe the manner in which the county intends to
�	improve the county's disposition completeness percentage;
�	�������������(2)��ensure that the county takes the steps necessary
�	for the county's average disposition completeness percentage to be
�	equal to or greater than 90 percent in the first report the
�	Department of Public Safety submits under Article 60.21(b)(2) on or
�	after January 1, 2013; and
�	�������������(3)��include a comprehensive strategy by which the
�	county will permanently maintain the county's disposition
�	completeness percentage at or above 90 percent.
�	�������(e)��Not later than June 1, 2010, a local data advisory board
�	established under this article shall submit to the Department of
�	Public Safety the data reporting improvement plan prepared for the
�	county. On receipt of a data reporting improvement plan under this
�	article, the department shall post the plan on the Internet website
�	maintained by the department.
�	�������(f)��The public safety director of the Department of Public
�	Safety may adopt rules concerning the contents and form of a data
�	reporting improvement plan prepared under this article.
�	�������(g)��This article expires September 1, 2013.
�	�������SECTION�21.002. Article 60.21, Code of Criminal Procedure,
�	is amended by amending Subsection (b) and adding Subsection (c) to
�	read as follows:
�	�������(b)��The Department of Public Safety shall:
�	�������������(1)��monitor the submission of arrest and disposition
�	information by local jurisdictions;
�	�������������(2)��annually submit to the Legislative Budget Board,
�	the governor, the lieutenant governor, the state auditor, and the
�	standing committees in the senate and house of representatives that
�	have primary jurisdiction over criminal justice and the Department
�	of Public Safety [council] a report regarding the level of
�	reporting by local jurisdictions;
�	�������������(3)��identify local jurisdictions that do not report
�	arrest or disposition information or that partially report
�	information; and
�	�������������(4)��for use in determining the status of outstanding
�	dispositions, publish monthly on the Department of Public Safety's
�	Internet website or on another electronic publication a report
�	listing each arrest by local jurisdiction for which there is no
�	corresponding final court disposition.
�	�������(c)��The report described by Subsection (b)(2) must contain a
�	disposition completeness percentage for each county in this state.
�	For purposes of this subsection, "disposition completeness
�	percentage" means the percentage of arrest charges a county reports
�	to the Department of Public Safety to be entered in the computerized
�	criminal history system under this chapter that were brought
�	against a person in the county for which a disposition has been
�	subsequently reported and entered into the computerized criminal
�	history system.
�	ARTICLE 22. TRANSFER OF REGULATORY PROGRAMS RELATING TO DISPENSING
�	CONTROLLED SUBSTANCES BY PRESCRIPTION
�	�������SECTION�22.01.��(a)��The director of the Department of
�	Public Safety or the director's designee, the executive director of
�	the Texas State Board of Pharmacy or the executive director's
�	designee, and the executive director of the Texas Medical Board or
�	the executive director's designee shall meet as an interagency
�	council to develop a transition plan for the orderly transfer from
�	the Department of Public Safety to the Texas State Board of Pharmacy
�	of certain records and regulatory functions relating to dispensing
�	controlled substances by prescription under Chapter 481, Health and
�	Safety Code.
�	�������(b)��In developing the transition plan, the council shall:
�	�������������(1)��consult with the Health and Human Services
�	Commission, the Department of State Health Services, and other
�	health and human services agencies that contract with a third party
�	for data collection;
�	�������������(2)��specify the records and regulatory functions to be
�	transferred;
�	�������������(3)��create a time frame within which the specified
�	records and functions will be transferred;
�	�������������(4)��ensure the Department of Public Safety's continued
�	access for law enforcement purposes to prescription drug
�	information obtained under Chapter 481, Health and Safety Code;
�	�������������(5)��develop a plan for the transfer of relevant
�	database information;
�	�������������(6)��make recommendations for improvements to data
�	transmission, including examining the feasibility of implementing
�	an electronic data transmission system for use by registrants and
�	the Department of Public Safety or the Texas State Board of
�	Pharmacy;
�	�������������(7)��estimate the fiscal impact of the transfer,
�	including an estimate of the costs associated with any necessary
�	staff increase;
�	�������������(8)��minimize disruptions to the professions affected
�	by the transfer;
�	�������������(9)��identify any obstacles to the transfer and make
�	recommendations to address those obstacles; and
�	�������������(10)��address any other consideration the council
�	determines is appropriate.
�	�������(c)��Not later than January 1, 2011, the council shall submit
�	its recommendations to the legislature on the transition plan
�	developed by the council.
�	�������(d)��The Department of Public Safety may not enter into any
�	contract or otherwise take any action that would prevent, delay, or
�	hinder a potential transfer to the Texas State Board of Pharmacy
�	occurring on or after September 1, 2011, of certain records and
�	regulatory functions relating to dispensing controlled substances
�	by prescription.
�	�������(e)��This section expires September 1, 2011.
�	ARTICLE 23. �EFFECTIVE DATE
�	�������SECTION�23.01.��Except as otherwise provided by this Act,
�	this Act takes effect September 1, 2009.
�
�
�	______________________________	______________________________
�	���President of the Senate	Speaker of the House�����
�
�
�	�������I certify that H.B. No. 2730 was passed by the House on May
�	14, 2009, by the following vote:��Yeas 145, Nays 0, 1 present, not
�	voting; that the House refused to concur in Senate amendments to
�	H.B. No. 2730 on May 29, 2009, and requested the appointment of a
�	conference committee to consider the differences between the two
�	houses; that the House adopted the conference committee report on
�	H.B. No. 2730 on May 31, 2009, by the following vote:��Yeas 140,
�	Nays 0, 1 present, not voting; and that the House adopted H.C.R. No.
�	293 authorizing certain corrections in H.B. No. 2730 on June 1,
�	2009, by the following vote:��Yeas 142, Nays 0, 1 present, not
�	voting.
�
�	______________________________
�	Chief Clerk of the House���
�
�	�������I certify that H.B. No. 2730 was passed by the Senate, with
�	amendments, on May 27, 2009, by the following vote:��Yeas 31, Nays
�	0; at the request of the House, the Senate appointed a conference
�	committee to consider the differences between the two houses; that
�	the Senate adopted the conference committee report on H.B. No. 2730
�	on May 31, 2009, by the following vote:��Yeas 31, Nays 0; and that
�	the Senate adopted H.C.R. No. 293 authorizing certain corrections
�	in H.B. No. 2730 on June 1, 2009, by the following vote:��Yeas 31,
�	Nays 0.
�
�	______________________________
�	Secretary of the Senate���
�	APPROVED: __________________
�	����������������Date�������
�	�
�	�������� __________________
�	��������������Governor�������