86R2112 JCG-D
	By: Paddie	H.B. No. 1530

	A BILL TO BE ENTITLED
	AN ACT
	relating to the continuation and functions of the Department of
	Public Safety of the State of Texas, the conditional transfer of the
	driver licensing program to the Texas Department of Motor Vehicles,
	the abolition of the Texas Private Security Board, the transfer of
	the motorcycle and off-highway vehicle operator training programs
	to the Texas Department of Licensing and Regulation, and the
	regulation of other programs administered by the Department of
	Public Safety; imposing an administrative penalty; authorizing and
	repealing the authorization for fees.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	ARTICLE 1. CONTINUATION OF DEPARTMENT OF PUBLIC SAFETY AND
	MISCELLANEOUS ADMINISTRATIVE PROVISIONS
	SECTION 1.001.  Section 411.002(c), Government Code, is
	amended 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, 2031 [2019].
	SECTION 1.002.  Section 411.0031, Government Code, is
	amended by amending Subsection (b) and adding Subsection (d) to
	read as follows:
	(b)  The training program must provide the person with
	information regarding:
	(1)  the law governing [legislation that created] the
	department's operations [department and the commission];
	(2)  the programs, functions, rules, and budget of
	[operated by] the department;
	(3)  the scope of and limitations on the rulemaking
	authority of the commission [role and functions of the department];
	(4)  the results of the most recent formal audit
	[rules] of the department[, with an emphasis on the rules that
	relate to disciplinary and investigatory authority];
	(5)  [the current budget for the department;
	[(6)     the results of the most recent formal audit of the
	department;
	[(7)]  the requirements of:
	(A)  laws relating to [the] open meetings, [law,
	Chapter 551;
	[(B)  the] public information, [law, Chapter 552;
	[(C)  the] administrative procedure, [law,
	Chapter 2001;] and disclosing conflicts of interest
	[(D)     other laws relating to public officials,
	including conflict of interest laws]; and
	(B)  other laws applicable to members of the
	commission in performing their duties; and
	(6) [(8)]  any applicable ethics policies adopted by
	the department or the Texas Ethics Commission.
	(d)  The director shall create a training manual that
	includes the information required by Subsection (b). The director
	shall distribute a copy of the training manual annually to each
	member of the commission. Each member of the commission shall sign
	and submit to the director a statement acknowledging that the
	member received and has reviewed the training manual.
	SECTION 1.003.  Article 59.11, Code of Criminal Procedure,
	is repealed.
	ARTICLE 2. BORDER SECURITY
	SECTION 2.001.  Subchapter D, Chapter 411, Government Code,
	is amended by adding Section 411.055 to read as follows:
	Sec. 411.055.  ANNUAL REPORT ON BORDER CRIME AND OTHER
	CRIMINAL ACTIVITY. (a)  Not later than January 30 of each year, the
	department shall submit to the legislature a report on border crime
	and other criminal activity. The report must include:
	(1)  statistics for each month of the preceding year
	and yearly totals of all border crime, as defined by Section
	772.0071, and other criminal activity, including transnational
	criminal activity, the department determines relates to border
	security that occurred in each county included in a department
	region that is adjacent to the Texas-Mexico border; and
	(2)  statewide crime statistics for the crimes reported
	under Subdivision (1).
	(b)  In compiling the information for the report, the
	department shall use information available in the National
	Incident-Based Reporting System of the Uniform Crime Reporting
	Program of the Federal Bureau of Investigation and the Texas
	Incident-Based Reporting System of the department.
	ARTICLE 3. METAL RECYCLING, VEHICLE INSPECTION, AND PROVISIONS
	APPLYING TO MORE THAN ONE REGULATORY PROGRAM
	SECTION 3.001.  Section 411.0891, Government Code, is
	amended by amending Subsection (a) and adding Subsection (d) to
	read as follows:
	(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 registration issued
	by the department under Chapter 487, Health and Safety Code, to be a
	director, manager, or employee of a dispensing organization, as
	defined by Section 487.001 [a chemical precursor transfer permit
	issued by the director under Section 481.078], Health and Safety
	Code;
	(3)  is an applicant for or holds an authorization
	issued by the department under Section 521.2476, Transportation
	Code, to do business in this state as a vendor of ignition interlock
	devices [a chemical laboratory apparatus transfer permit issued by
	the director under Section 481.081, Health and Safety Code];
	(4)  is an applicant for or holds 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 or holds a certificate of
	registration issued by the department under Chapter 1956,
	Occupations Code, to act as a metal recycling entity [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].
	(d)  The department may require any person for whom the
	department is authorized to obtain and use criminal history record
	information maintained by the Federal Bureau of Investigation or
	the department under Subsection (a) to submit a complete and
	legible set of fingerprints to the department on a form prescribed
	by the department for the purpose of obtaining criminal history
	record information.
	SECTION 3.002.  Chapter 411, Government Code, is amended by
	adding Subchapters Q and R to read as follows:
	SUBCHAPTER Q. POWERS AND DUTIES RELATED TO CERTAIN REGULATORY
	PROGRAMS
	Sec. 411.501.  DEFINITION. In this subchapter, "license"
	means a license, certificate, registration, permit, or other form
	of authorization required by law or a state agency rule that must be
	obtained by a person to engage in a particular activity, business,
	occupation, or profession.
	Sec. 411.502.  APPLICABILITY. This subchapter applies to a
	program, and persons regulated under the program, administered by
	the department under the following laws, including rules adopted
	under those laws:
	(1)  Section 411.0625;
	(2)  Chapter 487, Health and Safety Code;
	(3)  Chapter 1702, Occupations Code;
	(4)  Chapter 1956, Occupations Code;
	(5)  Section 521.2476, Transportation Code; and
	(6)  Subchapter G, Chapter 548, Transportation Code.
	Sec. 411.503.  FINAL ENFORCEMENT AUTHORITY. (a) Except as
	provided by Section 411.506(b), the commission shall make the final
	determination in an administrative action against a person for a
	violation of a law or rule governing a program or person subject to
	this subchapter.
	(b)  The commission may not delegate the duty under
	Subsection (a).
	Sec. 411.504.  COMPLAINTS. (a) The department shall
	maintain a system to promptly and efficiently act on complaints
	filed with the department regarding a violation of a law or rule
	governing a program or person subject to this subchapter. The
	department shall maintain 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.
	(b)  The department shall make information available
	describing its procedures for complaint investigation and
	resolution.
	(c)  The department shall periodically notify the complaint
	parties of the status of the complaint until final disposition.
	(d)  On written request, the department shall inform the
	person filing the complaint and each person who is a subject of the
	complaint of the status of the investigation unless the information
	would jeopardize an ongoing investigation.
	(e)  The commission shall adopt rules to:
	(1)  implement this section; and
	(2)  establish a procedure for the investigation and
	resolution of complaints, including a procedure for documenting
	complaints to the department from the time of the submission of the
	initial complaint to the final disposition of the complaint.
	Sec. 411.505.  INVESTIGATIONS. The department may conduct
	investigations as necessary to enforce a law or rule governing a
	program or person subject to this subchapter.
	Sec. 411.506.  INFORMAL COMPLAINT RESOLUTION AND INFORMAL
	PROCEEDINGS. (a) The commission by rule shall establish
	procedures for the informal resolution of complaints filed with the
	department related to a violation of a law or rule governing a
	program or person subject to this subchapter, including procedures
	governing:
	(1)  informal disposition of a contested case under
	Section 2001.056; and
	(2)  an informal proceeding held in compliance with
	Section 2001.054.
	(b)  Any settlement agreement arising from the procedures
	described by Subsection (a) must be approved by the director or the
	director's designee.
	Sec. 411.507.  LICENSE DENIAL; ADMINISTRATIVE SANCTION. (a)
	This section applies to a person required to obtain a license under
	a program subject to this subchapter.
	(b)  The commission may deny an application for, revoke,
	suspend, or refuse to renew a license or may reprimand a license
	holder for a violation of a law or rule governing a program subject
	to this subchapter.
	(c)  The commission may place on probation a person whose
	license is suspended. If a license suspension is probated, the
	commission may require the person to:
	(1)  report regularly to the department on matters that
	are the basis of the probation;
	(2)  limit practice to the areas prescribed by the
	department; or
	(3)  continue or renew education until the person
	attains a degree of competency satisfactory to the commission in
	those areas that are the basis for the probation.
	(d)  The commission shall develop a penalty schedule for each
	program subject to this subchapter consisting of administrative
	sanctions authorized under Subsections (b) and (c) based on the
	severity and frequency of a violation of a law or rule related to
	the program.
	Sec. 411.508.  RIGHT TO NOTICE AND HEARING; ADMINISTRATIVE
	PROCEDURE. (a) For each program subject to this subchapter, a
	person is entitled to notice and a hearing if the commission
	proposes to:
	(1)  deny an application for, revoke, suspend, or
	refuse to renew a license;
	(2)  reprimand a license holder; or
	(3)  place a license holder on probation.
	(b)  A proceeding to impose an administrative sanction as
	described by Subsection (a) is a contested case under Chapter 2001.
	(c)  Unless otherwise provided by law, judicial review of an
	administrative sanction or penalty imposed by the commission is
	under the substantial evidence rule as provided by Subchapter G,
	Chapter 2001.
	Sec. 411.509.  CEASE AND DESIST ORDER. The department may
	issue a cease and desist order if the department determines that the
	action is necessary to prevent a violation of a law or rule
	governing a program or person subject to this subchapter.
	Sec. 411.510.  INJUNCTIVE RELIEF. (a) On request of the
	department, the attorney general shall institute an action for
	injunctive relief to restrain a person in violation of or
	threatening to violate a law or rule governing a program or person
	subject to this subchapter.
	(b)  An action filed under this section shall be filed in a
	district court in:
	(1)  Travis County; or
	(2)  the county in which the violation allegedly
	occurred or is threatened to occur.
	(c)  The attorney general may recover reasonable expenses
	incurred in obtaining injunctive relief under this section,
	including court costs, attorney's fees, investigative costs,
	witness fees, and deposition expenses.
	Sec. 411.511.  STAGGERED RENEWAL; PRORATION OF LICENSE FEE.
	(a) The commission by rule may adopt a system under which licenses
	expire on various dates during the year.
	(b)  A license issued under a program governed by this
	subchapter may not expire later than the second anniversary of the
	date the license is issued.
	(c)  For the year in which the expiration date of a license is
	changed, the department 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.
	Sec. 411.512.  ANNUAL REGULATORY REPORT. (a) The
	department shall annually make available on the department's
	Internet website a report of regulatory statistics for the
	preceding state fiscal year for each program subject to this
	subchapter and aggregate information on all the programs.
	(b)  The report must include, as applicable, information
	regarding:
	(1)  the number of licenses issued under the program;
	(2)  the number and types of complaints received and
	resolved by the department;
	(3)  the number of investigations conducted by the
	department; and
	(4)  the number and types of disciplinary actions taken
	by the department.
	SUBCHAPTER R. ADMINISTRATIVE PENALTY
	Sec. 411.521.  DEFINITION. In this subchapter, "license"
	has the meaning assigned by Section 411.501.
	Sec. 411.522.  APPLICABILITY. This subchapter applies to a
	program, and persons regulated under the program, to which Section
	411.502 applies.
	Sec. 411.523.  IMPOSITION OF PENALTY. The commission may
	impose an administrative penalty against a person who violates:
	(1)  a law establishing a program subject to this
	subchapter; or
	(2)  a rule adopted or order issued by the commission
	under a law described by Subdivision (1).
	Sec. 411.524.  AMOUNT OF PENALTY. (a) If the relevant law
	establishing a program subject to this subchapter does not state
	the maximum amount of an administrative penalty under that law, the
	amount of the penalty shall be assessed by the commission in an
	amount not to exceed $5,000 per day for each violation. Each day a
	violation continues or occurs is a separate violation for purposes
	of imposing a penalty.
	(b)  The amount of the penalty shall be based on:
	(1)  the seriousness of the violation;
	(2)  the respondent's history of previous violations;
	(3)  the amount necessary to deter a future violation;
	(4)  efforts made by the respondent to correct the
	violation; and
	(5)  any other matter that justice may require.
	(c)  The commission shall establish a written enforcement
	plan that provides notice to license holders of the specific ranges
	of penalties that apply to specific alleged violations and the
	criteria by which the department determines the amount of a
	proposed administrative penalty.
	Sec. 411.525.  IMPOSITION OF SANCTION. A proceeding under
	this subchapter imposing an administrative penalty may be combined
	with a proceeding to impose an administrative sanction. If a
	sanction is imposed in a proceeding under this subchapter, the
	requirements of this subchapter apply to the imposition of the
	sanction.
	Sec. 411.526.  NOTICE OF VIOLATION AND PENALTY. If, after
	investigation of a possible violation and the facts surrounding the
	possible violation, the department determines that a violation
	occurred, the department shall issue to the respondent a notice of
	alleged violation stating:
	(1)  a brief summary of the alleged violation;
	(2)  the amount of the recommended administrative
	penalty; and
	(3)  that the respondent has the right to a hearing to
	contest the alleged violation, the amount of the penalty, or both.
	Sec. 411.527.  PENALTY TO BE PAID OR HEARING REQUESTED. (a)
	Not later than the 20th day after the date the respondent receives
	the notice, the respondent may:
	(1)  accept the department's determination and
	recommended administrative penalty; or
	(2)  make a written request for a hearing on that
	determination.
	(b)  If the respondent accepts the department's
	determination, the commission by order may approve the
	determination and require the person to pay the recommended
	penalty.
	Sec. 411.528.  HEARING ON RECOMMENDATIONS. (a) If the
	respondent requests a hearing, the hearing shall be conducted by
	the department or the State Office of Administrative Hearings.
	(b)  The State Office of Administrative Hearings shall
	consider the department's applicable substantive rules and
	policies when conducting a hearing under this subchapter.
	(c)  A department hearing officer or an administrative law
	judge at the State Office of Administrative Hearings, as
	applicable, shall:
	(1)  make findings of fact and conclusions of law; and
	(2)  promptly issue to the commission a proposal for
	decision as to the occurrence of the violation and the amount of any
	proposed administrative penalty.
	Sec. 411.529.  DECISION BY COMMISSION. (a) Based on the
	findings of fact, conclusions of law, and proposal for decision,
	the commission by order may determine that:
	(1)  a violation occurred and impose an administrative
	penalty; or
	(2)  a violation did not occur.
	(b)  The department shall give notice of the order to the
	respondent.
	(c)  The order under this section must include:
	(1)  separate statements of the findings of fact and
	conclusions of law;
	(2)  the amount of any penalty imposed;
	(3)  a statement of the right of the respondent to
	judicial review of the order; and
	(4)  any other information required by law.
	Sec. 411.530.  OPTIONS FOLLOWING DECISION: PAY OR APPEAL.
	(a) Not later than the 30th day after the date the commission's
	order becomes final, the respondent shall:
	(1)  pay the penalty; or
	(2)  file a petition for judicial review contesting the
	order and:
	(A)  forward the penalty to the department for
	deposit in an escrow account; or
	(B)  give the department a supersedeas bond in a
	form approved by the department that:
	(i)  is for the amount of the penalty; and
	(ii)  is effective until judicial review of
	the decision is final.
	(b)  A respondent who is financially unable to comply with
	Subsection (a)(2) is entitled to judicial review if the respondent
	files with the court, as part of the respondent's petition for
	judicial review, a sworn statement that the respondent is unable to
	meet the requirements of Subsection (a)(2).
	Sec. 411.531.  COLLECTION OF PENALTY. If the person on whom
	the administrative penalty is imposed violates Section 411.530(a),
	the department or the attorney general may bring an action to
	collect the penalty.
	Sec. 411.532.  REMITTANCE OF PENALTY AND INTEREST. (a) If,
	after judicial review, the administrative penalty is reduced or not
	imposed, the department shall:
	(1)  remit to the person the appropriate amount, plus
	accrued interest, if the person paid the amount of the penalty; or
	(2)  execute a release of the bond, if the person posted
	a supersedeas bond.
	(b)  The interest paid under Subsection (a)(1) is accrued at
	the rate charged on loans to depository institutions by the New York
	Federal Reserve Bank. The interest shall be paid for the period
	beginning on the date the penalty is paid to the department and
	ending on the date the penalty is remitted.
	Sec. 411.533.  ADMINISTRATIVE PROCEDURE. (a) The
	commission by rule shall prescribe procedures for the determination
	and appeal of a decision to impose an administrative penalty.
	(b)  A proceeding under this subchapter to impose an
	administrative penalty is a contested case under Chapter 2001.
	SECTION 3.003.  Section 1956.151, Occupations Code, is
	amended to read as follows:
	Sec. 1956.151.  DENIAL OF CERTIFICATE; DISCIPLINARY ACTION.
	The commission [department] shall deny an application for a
	certificate of registration, suspend or revoke a certificate of
	registration, or reprimand a person who is registered under this
	chapter if the person:
	(1)  obtains a certificate of registration by means of
	fraud, misrepresentation, or concealment of a material fact;
	(2)  sells, barters, or offers to sell or barter a
	certificate of registration;
	(3)  violates a provision of this chapter or a rule
	adopted under this chapter; or
	(4)  violates Section 1956.021.
	SECTION 3.004.  Sections 548.405(a), (c), and (g),
	Transportation Code, are amended to read as follows:
	(a)  The commission [department] may deny a person's
	application for a certificate, revoke or suspend the certificate of
	a person, inspection station, or inspector, place on probation a
	person who holds a suspended certificate, or reprimand a person who
	holds a certificate if:
	(1)  the station or inspector conducts an inspection,
	fails to conduct an inspection, or issues a certificate:
	(A)  in violation of this chapter or a rule
	adopted under this chapter; or
	(B)  without complying with the requirements of
	this chapter or a rule adopted under this chapter;
	(2)  the person, station, or inspector commits an
	offense under this chapter or violates this chapter or a rule
	adopted under this chapter;
	(3)  the applicant or certificate holder does not meet
	the standards for certification under this chapter or a rule
	adopted under this chapter;
	(4)  the station or inspector does not maintain the
	qualifications for certification or does not comply with a
	certification requirement under this subchapter [Subchapter G];
	(5)  the certificate holder or the certificate holder's
	agent, employee, or representative commits an act or omission that
	would cause denial, revocation, or suspension of a certificate to
	an individual applicant or certificate holder; or
	(6)  the station or inspector does not pay a fee
	required by Subchapter H[; or
	[(7)     the inspector or owner of an inspection station
	is convicted of a:
	[(A)  felony or Class A or Class B misdemeanor;
	[(B)     similar crime under the jurisdiction of
	another state or the federal government that is punishable to the
	same extent as a felony or a Class A or Class B misdemeanor in this
	state; or
	[(C)     crime under the jurisdiction of another
	state or the federal government that would be a felony or a Class A
	or Class B misdemeanor if the crime were committed in this state].
	(c)  If the commission [department] suspends a certificate
	because of a violation of Subchapter F, the suspension must be for a
	period of not less than six months. [The suspension may not be
	probated or deferred.]
	(g)  The commission [department] may not suspend, revoke, or
	deny all certificates of a person who holds more than one inspection
	station certificate based on a suspension, revocation, or denial of
	one of that person's inspection station certificates without proof
	of culpability related to a prior action under this subsection.
	SECTION 3.005.  Subchapter G, Chapter 548, Transportation
	Code, is amended by adding Section 548.4055 to read as follows:
	Sec. 548.4055.  RULES REGARDING CRIMINAL CONVICTIONS.  The
	commission shall adopt rules necessary to comply with Chapter 53,
	Occupations Code, with respect to the certification of persons
	under this subchapter.  The commission's rules must list the
	specific offenses for each category of persons regulated under this
	subchapter for which a conviction would constitute grounds for the
	commission to take action under Section 53.021, Occupations Code.
	SECTION 3.006.  Sections 548.407(d) and (e), Transportation
	Code, are amended to read as follows:
	(d)  The commission [department] may provide that a
	revocation or suspension takes effect on receipt of notice under
	Subsection (b) if the commission [department] finds that the action
	is necessary to prevent or remedy a threat to public health, safety,
	or welfare. Violations that present a threat to public health,
	safety, or welfare include:
	(1)  issuing a passing vehicle inspection report or
	submitting inspection information to the department's database
	with knowledge that the issuance or submission is in violation of
	this chapter or rules adopted under this chapter;
	(2)  falsely or fraudulently representing to the owner
	or operator of a vehicle that equipment inspected or required to be
	inspected must be repaired, adjusted, or replaced for the vehicle
	to pass an inspection;
	(3)  issuing a vehicle inspection report or submitting
	inspection information to the department's database:
	(A)  without authorization to issue the report or
	submit the information; or
	(B)  without inspecting the vehicle;
	(4)  issuing a passing vehicle inspection report or
	submitting inspection information to the department's database for
	a vehicle with knowledge that the vehicle has not been repaired,
	adjusted, or corrected after an inspection has shown a repair,
	adjustment, or correction to be necessary;
	(5)  knowingly issuing a passing vehicle inspection
	report or submitting inspection information to the department's
	database:
	(A)  for a vehicle without conducting an
	inspection of each item required to be inspected; or
	(B)  for a vehicle that is missing an item
	required to be inspected or that has an item required to be
	inspected that is not in compliance with state law or department
	rules;
	(6)  refusing to allow a vehicle's owner to have a
	qualified person of the owner's choice make a required repair,
	adjustment, or correction;
	(7)  charging for an inspection an amount greater than
	the authorized fee;
	(8)  a violation of Subchapter F;
	(9)  a violation of Section 548.603; or
	(10)  a conviction of a felony or a Class A or B
	misdemeanor that directly relates to or affects the duties or
	responsibilities of a vehicle inspection station or inspector or a
	conviction of a similar crime under the jurisdiction of another
	state or the federal government.
	(e)  The commission may adopt rules to implement this
	section. [For purposes of Subsection (d)(10), a person is convicted
	of an offense if a court enters against the person an adjudication
	of the person's guilt, including an order of probation or deferred
	adjudication.]
	SECTION 3.007.  Subchapter G, Chapter 548, Transportation
	Code, is amended by adding Section 548.410 to read as follows:
	Sec. 548.410.  EXPIRATION OF CERTIFICATE. A certificate
	issued to an inspector or an inspection station under this
	subchapter expires as determined by the department under Section
	411.511, Government Code, but not later than the second anniversary
	of the date the certificate is issued.
	SECTION 3.008.  Section 548.506, Transportation Code, is
	amended to read as follows:
	Sec. 548.506.  FEE FOR CERTIFICATION AS INSPECTOR AND
	INSPECTION STATION.  The commission by rule shall establish
	reasonable and necessary fees for certification as an inspector or
	inspection station.  [An applicant for certification as an
	inspector must submit with the applicant's first application a fee
	of $25 for certification until August 31 of the even-numbered year
	following the date of certification. To be certified after August
	31 of that year, the applicant must pay $25 as a certificate fee for
	each subsequent two-year period.]
	SECTION 3.009.  The following provisions are repealed:
	(1)  Sections 1956.014(b) and (c), Occupations Code;
	(2)  Sections 1956.041(b-2), (c), (d), (e), and (f),
	Occupations Code;
	(3)  Section 1956.152, Occupations Code;
	(4)  Sections 548.405(b), (h), and (i), Transportation
	Code;
	(5)  Section 548.406, Transportation Code;
	(6)  Sections 548.407(f), (g), (h), (i), (j), (k), and
	(l), Transportation Code;
	(7)  Section 548.409, Transportation Code; and
	(8)  Section 548.507, Transportation Code.
	SECTION 3.010.  As soon as practicable after the effective
	date of this Act, the Public Safety Commission shall adopt rules
	necessary to implement the changes in law made by this Act to
	Chapter 411, Government Code, Chapter 1956, Occupations Code, and
	Chapter 548, Transportation Code.
	SECTION 3.011.  Section 411.0891, Government Code, and
	Sections 548.405 and 548.407, Transportation Code, as amended by
	this Act, apply only to an application for the issuance or renewal
	of a license submitted on or after the effective date of this Act.
	An application for the issuance or renewal of a license submitted
	before that date 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 3.012.  Section 548.405(c), Transportation Code, as
	amended by this Act, applies only to a person placed on probation on
	or after the effective date of this Act. A person placed on
	probation before the effective date of this Act is governed by the
	law in effect on the date the person was placed on probation, and
	the former law is continued in effect for that purpose.
	SECTION 3.013.  Section 1956.041, Occupations Code, and
	Sections 548.405 and 548.407, Transportation Code, as amended by
	this Act, apply only to a proceeding initiated on or after the
	effective date of this Act. A proceeding initiated before the
	effective date of this Act is governed by the law in effect on the
	date the proceeding was initiated, and the former law is continued
	in effect for that purpose.
	ARTICLE 4.  CERTAIN PROGRAMS REGULATING CONTROLLED SUBSTANCES,
	PRECURSOR CHEMICALS, AND LABORATORY APPARATUSES
	SECTION 4.001.  Sections 481.077(c), (i), and (k), Health
	and Safety Code, are amended to read as follows:
	(c)  This section does [and Section 481.078 do] not apply to
	a person to whom a registration has been issued by the Federal Drug
	Enforcement Agency or who is exempt from such registration.
	(i)  A manufacturer, wholesaler, retailer, or other person
	who [receives from a source outside this state a chemical precursor
	subject to Subsection (a) or who] discovers a loss or theft of a
	chemical precursor subject to Subsection (a) shall:
	(1)  submit a report of the transaction to the director
	in accordance with department rule; and
	(2)  include in the report:
	(A)  any difference between the amount of the
	chemical precursor actually received and the amount of the chemical
	precursor shipped according to the shipping statement or invoice;
	or
	(B)  the amount of the loss or theft.
	(k)  A [Unless the person is the holder of only a permit
	issued under Section 481.078(b)(1), a] manufacturer, wholesaler,
	retailer, or other person who sells, transfers, or otherwise
	furnishes any chemical precursor subject to Subsection (a), or a
	[permit holder,] commercial purchaser[,] or other person who
	receives a chemical precursor subject to Subsection (a):
	(1)  shall maintain records and inventories in
	accordance with rules established by the director;
	(2)  shall allow a member of the department or a peace
	officer to conduct audits and inspect records of purchases and
	sales and all other records made in accordance with this section at
	any reasonable time; and
	(3)  may not interfere with the audit or with the full
	and complete inspection or copying of those records.
	SECTION 4.002.  The heading to Section 481.080, Health and
	Safety Code, is amended to read as follows:
	Sec. 481.080.  CHEMICAL LABORATORY APPARATUS RECORD-KEEPING
	REQUIREMENTS [AND PENALTIES].
	SECTION 4.003.  Sections 481.080(d), (j), and (l), Health
	and Safety Code, are amended to read as follows:
	(d)  This section does [and Section 481.081 do] not apply to
	a person to whom a registration has been issued by the Federal Drug
	Enforcement Agency or who is exempt from such registration.
	(j)  A manufacturer, wholesaler, retailer, or other person
	who [receives from a source outside this state a chemical
	laboratory apparatus subject to Subsection (a) or who] discovers a
	loss or theft of such an apparatus shall:
	(1)  submit a report of the transaction to the director
	in accordance with department rule; and
	(2)  include in the report:
	(A)  any difference between the number of the
	apparatus actually received and the number of the apparatus shipped
	according to the shipping statement or invoice; or
	(B)  the number of the loss or theft.
	(l)  This subsection applies to a manufacturer, wholesaler,
	retailer, or other person who sells, transfers, or otherwise
	furnishes any chemical laboratory apparatus subject to Subsection
	(a) and to a [permit holder,] commercial purchaser[,] or other
	person who receives such an apparatus [unless the person is the
	holder of only a permit issued under Section 481.081(b)(1)]. A
	person covered by this subsection:
	(1)  shall maintain records and inventories in
	accordance with rules established by the director;
	(2)  shall allow a member of the department or a peace
	officer to conduct audits and inspect records of purchases and
	sales and all other records made in accordance with this section at
	any reasonable time; and
	(3)  may not interfere with the audit or with the full
	and complete inspection or copying of those records.
	SECTION 4.004.  Section 481.111(a), Health and Safety Code,
	is amended to read as follows:
	(a)  The provisions of this chapter relating to the
	possession and distribution of peyote do not apply to the use of
	peyote by a member of the Native American Church in bona fide
	religious ceremonies of the church or to [. However,] a person who
	supplies the substance to the church [must register and maintain
	appropriate records of receipts and disbursements in accordance
	with rules adopted by the director]. An exemption granted to a
	member of the Native American Church under this section does not
	apply to a member with less than 25 percent Indian blood.
	SECTION 4.005.  Section 481.136(a), Health and Safety Code,
	is amended to read as follows:
	(a)  A person commits an offense if the person sells,
	transfers, furnishes, or receives a chemical precursor subject to
	Section 481.077(a) and the person:
	(1)  [does not hold a chemical precursor transfer
	permit as required by Section 481.078 at the time of the
	transaction;
	[(2)]  does not comply with Section 481.077 or
	481.0771;
	(2) [(3)]  knowingly makes a false statement in a
	report or record required by Section 481.077 or [,] 481.0771[, or
	481.078]; or
	(3) [(4)]  knowingly violates a rule adopted under
	Section 481.077 or [,] 481.0771[, or 481.078].
	SECTION 4.006.  Section 481.138(a), Health and Safety Code,
	is amended to read as follows:
	(a)  A person commits an offense if the person sells,
	transfers, furnishes, or receives a chemical laboratory apparatus
	subject to Section 481.080(a) and the person:
	(1)  [does not have a chemical laboratory apparatus
	transfer permit as required by Section 481.081 at the time of the
	transaction;
	[(2)]  does not comply with Section 481.080;
	(2) [(3)]  knowingly makes a false statement in a
	report or record required by Section 481.080 [or 481.081]; or
	(3) [(4)]  knowingly violates a rule adopted under
	Section 481.080 [or 481.081].
	SECTION 4.007.  Section 481.301, Health and Safety Code, is
	amended to read as follows:
	Sec. 481.301.  IMPOSITION OF PENALTY. The department may
	impose an administrative penalty on a person who violates Section
	481.067, 481.077, 481.0771, or [481.078,] 481.080[, or 481.081] or
	a rule or order adopted under any of those sections.
	SECTION 4.008. Section 487.053(b), Health and Safety Code,
	is amended to read as follows:
	(b)  Subject to Section 411.503, Government Code, the [The]
	department shall enforce compliance of licensees and registrants
	and shall adopt procedures for suspending or revoking a license or
	registration issued under this chapter and for renewing a license
	or registration issued under this chapter.
	SECTION 4.009.  Sections 487.104(b) and (c), Health and
	Safety Code, are amended to read as follows:
	(b)  If the department denies the issuance or renewal of a
	license under Subsection (a), the applicant is entitled to a
	hearing.  Chapter 2001, Government Code, applies to a proceeding
	under this section.  [The department shall give written notice of
	the grounds for denial to the applicant at least 30 days before the
	date of the hearing.]
	(c)  A license issued or renewed under this section expires
	as determined by the department in accordance with Section 411.511,
	Government Code [on the second anniversary of the date of issuance
	or renewal, as applicable].
	SECTION 4.010.  Section 487.105(c), Health and Safety Code,
	is amended to read as follows:
	(c)  The department shall conduct a criminal history
	background check on each individual whose name is provided to the
	department under Subsection (a) or (b). The director by rule shall:
	(1)  require each individual whose name is provided to
	the department under Subsection (a) or (b) [determine the manner by
	which an individual is required] to submit a complete set of
	fingerprints to the department on a form prescribed by the
	department for purposes of a criminal history background check
	under this section; and
	(2)  establish criteria for determining whether an
	individual passes the criminal history background check for the
	purposes of this section.
	SECTION 4.011.  The following provisions of the Health and
	Safety Code are repealed:
	(1)  Sections 481.077(e), (f), (g), and (h);
	(2)  Section 481.078;
	(3)  Sections 481.080(f), (g), (h), and (i); and
	(4)  Section 481.081.
	SECTION 4.012.  As soon as practicable after the effective
	date of this Act, the public safety director of the Department of
	Public Safety shall adopt rules to implement the changes made by
	Section 487.105(c), Health and Safety Code, as amended by this Act.
	SECTION 4.013.  The changes in law made by this Act to
	Chapter 481, Health and Safety Code, apply only to an offense or
	violation committed on or after the effective date of this Act. An
	offense or violation committed before the effective date of this
	Act is governed by the law in effect on the date the offense or
	violation was committed, and the former law is continued in effect
	for that purpose. For purposes of this section, an offense or
	violation was committed before the effective date of this Act if any
	element of the offense or violation occurred before that date.
	SECTION 4.014.  On the effective date of this Act, a permit
	issued under former Section 481.078 or 481.081, Health and Safety
	Code, expires.
	ARTICLE 5.  PRIVATE SECURITY
	SECTION 5.001.  Section 1702.002, Occupations Code, is
	amended by amending Subdivisions (2), (5), (5-a), (17), and (21)
	and adding Subdivisions (4), (5-b), (5-c), and (8-a) 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 department [board] records.
	(4)  "Commission" means the Public Safety Commission.
	(5)  "Commissioned security officer" means a security
	officer to whom a security officer commission has been issued by the
	department [board].
	(5-a)  "Committee" means the Texas Private Security
	Advisory Committee established under this chapter.
	(5-b)  "Company license" means a license issued by the
	department that entitles a person to operate as a security services
	contractor or investigations company.
	(5-c)  "Department" means the Department of Public
	Safety of the State of Texas.
	(8-a)  "Individual license" means a license issued by
	the department that entitles an individual to perform a service
	regulated by this chapter for a company license holder, including a
	personal protection officer license.
	(17)  "Personal protection officer license
	[endorsement]" means a license [permit] issued by the department
	[board] that entitles an individual to act as a personal protection
	officer.
	(21)  "Security officer commission" means an
	authorization issued by the department [board] that entitles a
	security officer to carry a firearm.
	SECTION 5.002.  Section 1702.004, Occupations Code, is
	amended to read as follows:
	Sec. 1702.004.  GENERAL SCOPE OF REGULATION. (a) The
	department [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)  licenses [issues endorsements to] certain
	security officers engaged in the personal protection of
	individuals;
	(4)  licenses [registers and endorses]:
	(A)  certain individuals connected with a company
	license holder; and
	(B)  certain individuals employed in a field
	connected to private investigation or private security; and
	(5)  regulates company license holders, security
	officers, [registrants,] and individual license [endorsement]
	holders under this chapter.
	(b)  The commission [board] shall adopt rules necessary to
	comply with Chapter 53. In its rules under this section, the
	commission [board] shall list the specific offenses for each
	category of regulated persons for which a conviction would
	constitute grounds for the department [board] to take action under
	Section 53.021.
	SECTION 5.003.  Section 1702.005, Occupations Code, is
	amended to read as follows:
	Sec. 1702.005.  DEPARTMENT OF PUBLIC SAFETY; REFERENCES.
	(a) [The board created under Section 1702.021 is a part of the
	department.] The department shall administer this chapter [through
	the board].
	(b)  A reference in this chapter or another law to the Texas
	Commission on Private Security or the Texas Private Security Board
	means the department [board].
	SECTION 5.004.  The heading to Subchapter B, Chapter 1702,
	Occupations Code, is amended to read as follows:
	SUBCHAPTER B. TEXAS PRIVATE SECURITY ADVISORY COMMITTEE [BOARD]
	SECTION 5.005.  Section 1702.021, Occupations Code, is
	amended to read as follows:
	Sec. 1702.021.  COMMITTEE [BOARD] MEMBERSHIP; APPLICABILITY
	OF OTHER LAW. (a) The Texas Private Security Advisory Committee
	[Board] consists of seven members appointed by the commission
	[governor with the advice and consent of the senate] as follows:
	(1)  three 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;
	(4)  one member who is licensed under this chapter as
	the owner or operator of a guard company; and
	(5)  one member who is licensed under this chapter as a
	locksmith.
	(b)  Appointments to the committee [board] shall be made
	without regard to the race, color, disability, sex, religion, age,
	or national origin of the appointee.
	(c)  Chapter 2110, Government Code, does not apply to the
	size, composition, or duration of the advisory committee or to the
	appointment of the committee's presiding officer.
	SECTION 5.006.  Section 1702.023, Occupations Code, is
	amended to read as follows:
	Sec. 1702.023.  ELIGIBILITY OF PUBLIC MEMBERS. The
	committee's [board's] public members must be representatives of the
	general public. A person may not be a public member of the
	committee [board] 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 department [board];
	(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 department
	[board]; or
	(4)  uses or receives a substantial amount of tangible
	goods, services, or money from the department [board] other than
	compensation or reimbursement authorized by law for committee
	[board] membership, attendance, or expenses.
	SECTION 5.007.  Sections 1702.024(b) and (c), Occupations
	Code, are amended to read as follows:
	(b)  A person may not be a committee [board] member, and may
	not be a department 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 committee [board] member or act as
	general counsel to the committee or department [board 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 committee [agency].
	SECTION 5.008.  Section 1702.025, Occupations Code, is
	amended to read as follows:
	Sec. 1702.025.  TERMS; VACANCIES. (a) The committee
	[board] members serve staggered six-year terms, with the terms of
	two or three members expiring on January 31 of each odd-numbered
	year.
	(b)  If a vacancy occurs during the term of a committee
	[board] member, the commission [governor] shall appoint a new
	member to fill the unexpired term.
	SECTION 5.009.  Section 1702.026, Occupations Code, is
	amended to read as follows:
	Sec. 1702.026.  OFFICERS. (a) The commission [governor]
	shall designate one committee [board] member as presiding officer
	to serve in that capacity at the will of the commission [governor].
	The commission [governor] shall designate the presiding officer
	without regard to race, creed, color, disability, sex, religion,
	age, or national origin.
	(b)  The committee [board] shall elect from among its members
	an assistant presiding officer and a secretary to serve two-year
	terms beginning on September 1 of each odd-numbered year.
	(c)  The presiding officer of the committee [board] or, in
	the absence of the presiding officer, the assistant presiding
	officer shall preside at each committee [board] meeting and perform
	the other duties prescribed by this chapter.
	SECTION 5.010.  Sections 1702.027(a) and (b), Occupations
	Code, are amended to read as follows:
	(a)  It is a ground for removal from the committee [board]
	that a member:
	(1)  does not have the qualifications required by
	Section 1702.021 at the time of appointment [taking office];
	(2)  does not maintain the qualifications required by
	Section 1702.021 during service on the committee [board];
	(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 committee [board] meetings that the member is eligible to
	attend during a calendar year without an excuse approved by a
	majority vote of the committee [board].
	(b)  The validity of an action of the committee [board] is
	not affected by the fact that it is taken when a ground for removal
	of a committee [board] member exists.
	SECTION 5.011.  Section 1702.029, Occupations Code, is
	amended to read as follows:
	Sec. 1702.029.  MEETINGS. The committee [board] shall meet
	at least quarterly [at regular intervals to be decided by the
	board].
	SECTION 5.012.  Subchapter B, Chapter 1702, Occupations
	Code, is amended by adding Sections 1702.031 and 1702.032 to read as
	follows:
	Sec. 1702.031.  DUTIES OF ADVISORY COMMITTEE. The committee
	shall provide advice and recommendations to the department and
	commission on technical matters relevant to the administration of
	this chapter and the regulation of private security industries.
	Sec. 1702.032.  COMMISSION LIAISON. The commission shall
	designate a commission member to serve as a liaison to the
	committee.
	SECTION 5.013.  Section 1702.041, Occupations Code, is
	amended to read as follows:
	Sec. 1702.041.  CHIEF ADMINISTRATOR. (a) The chief
	administrator is responsible for the administration of this chapter
	under the direction of the public safety director [board]. The
	chief administrator shall perform duties as prescribed by the
	public safety director [board and the department].
	(b)  The chief administrator is a full-time employee of the
	department. A committee [board] member may not serve as chief
	administrator.
	SECTION 5.014.  Section 1702.044, Occupations Code, is
	amended to read as follows:
	Sec. 1702.044.  QUALIFICATIONS AND STANDARDS OF CONDUCT
	INFORMATION. The chief administrator or the chief administrator's
	designee shall provide to committee [board] members and to
	department [agency] employees, as often as necessary, information
	regarding the requirements for service as a committee member
	[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 5.015.  The heading to Subchapter D, Chapter 1702,
	Occupations Code, is amended to read as follows:
	SUBCHAPTER D.  POWERS AND DUTIES [OF BOARD]
	SECTION 5.016.  Section 1702.061, Occupations Code, is
	amended to read as follows:
	Sec. 1702.061.  GENERAL POWERS AND DUTIES [OF BOARD]. (a)
	[The board shall perform the functions and duties provided by this
	chapter.
	[(b)] The commission [board] shall adopt rules and general
	policies to guide the department [agency] in the administration of
	this chapter.
	(b) [(c)]  The rules and policies adopted by the commission
	[board] under Subsection (a) [(b)] must be consistent with this
	chapter and other commission [board] rules adopted under this
	chapter and with any other applicable law, state rule, or federal
	regulation.
	(c) [(d)]  The commission [board] has the powers and duties
	to:
	(1)  determine the qualifications of company license
	holders, individual license holders [registrants, endorsement
	holders], and commissioned security officers;
	(2)  investigate alleged violations of this chapter and
	of commission [board] rules;
	(3)  adopt rules necessary to implement this chapter;
	and
	(4)  establish and enforce standards governing the
	safety and conduct of each person regulated [licensed, registered,
	or commissioned] under this chapter.
	[(e)     The board shall have a seal in the form prescribed by
	the board.]
	SECTION 5.017.  Section 1702.062, Occupations Code, is
	amended to read as follows:
	Sec. 1702.062.  FEES. (a) The commission [board] by rule
	shall establish reasonable and necessary fees that produce
	sufficient revenue to administer this chapter. The fees may not
	produce unnecessary fund balances.
	(b)  The department [board] may charge a fee each time the
	department [board] requires a person regulated under this chapter
	to resubmit a set of fingerprints for processing by the department
	[board] during the application process for a company license,
	individual license, [registration, endorsement,] or security
	officer commission. The commission [board] shall set the fee in an
	amount that is reasonable and necessary to cover the administrative
	expenses related to processing the fingerprints.
	(c)  A person whose pocket card has not expired is not
	eligible to receive from the department [board] another pocket card
	in the same classification in which the pocket card is held.
	SECTION 5.018.  The heading to Section 1702.063, Occupations
	Code, is amended to read as follows:
	Sec. 1702.063.  [BOARD] USE OF FINES.
	SECTION 5.019.  Section 1702.0635, Occupations Code, is
	amended to read as follows:
	Sec. 1702.0635.  RESTRICTIONS ON CERTAIN RULES. The
	commission [board] 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 licensed [registered] as an electronic access
	control device installer.
	SECTION 5.020.  Section 1702.064, Occupations Code, is
	amended to read as follows:
	Sec. 1702.064.  RULES RESTRICTING ADVERTISING OR
	COMPETITIVE BIDDING. (a) The commission [board] may not adopt
	rules restricting advertising or competitive bidding by a person
	regulated under this chapter [by the board] except to prohibit
	false, misleading, or deceptive practices by the person.
	(b)  The commission [board] may not include in its rules to
	prohibit false, misleading, or deceptive practices by a person
	regulated under this chapter [by the board] 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 5.021.  Section 1702.0645, Occupations Code, is
	amended to read as follows:
	Sec. 1702.0645.  PAYMENT OF FEES AND FINES. (a) The
	commission [board] 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 department [board]; 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 5.022.  Section 1702.067, Occupations Code, is
	amended to read as follows:
	Sec. 1702.067.  [BOARD] RECORDS; EVIDENCE. An official
	record of the department related to this chapter [board] or an
	affidavit by the chief administrator as to the content of the record
	is prima facie evidence of a matter required to be kept by the
	department [board].
	SECTION 5.023.  Section 1702.068, Occupations Code, is
	amended to read as follows:
	Sec. 1702.068.  APPEAL BOND NOT REQUIRED. The department
	[board] is not required to give an appeal bond in any cause arising
	under this chapter.
	SECTION 5.024.  The heading to Subchapter E, Chapter 1702,
	Occupations Code, is amended to read as follows:
	SUBCHAPTER E. PUBLIC INTEREST INFORMATION [AND COMPLAINT
	PROCEDURES]
	SECTION 5.025.  Section 1702.084, Occupations Code, is
	amended to read as follows:
	Sec. 1702.084.  PUBLIC ACCESS TO CERTAIN RECORDS OF
	DISCIPLINARY ACTIONS. (a) The department [board] shall make
	available to the public through a toll-free telephone number,
	Internet website, or other easily accessible medium determined by
	the department [board] the following information relating to a
	disciplinary action taken during the preceding three years
	regarding a person regulated under this chapter [by the board]:
	(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 commission
	[board].
	(b)  In providing the information, the department [board]
	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 department [board] shall update the information on a
	monthly basis.
	(d)  The department [board] shall maintain the
	confidentiality of information regarding the identification of a
	complainant.
	SECTION 5.026.  Section 1702.085, Occupations Code, is
	amended to read as follows:
	Sec. 1702.085.  CONFIDENTIALITY OF RECORDS. Records
	maintained by the department under this chapter on the home
	address, home telephone number, driver's license number, or social
	security number of an applicant or a company license holder,
	individual license holder [registrant], or security officer
	commission holder are confidential and are not subject to mandatory
	disclosure under Chapter 552, Government Code.
	SECTION 5.027.  Section 1702.102(a), Occupations Code, is
	amended to read as follows:
	(a)  Unless the person holds a license as a security services
	contractor, a person may not:
	(1)  act as an alarm systems company, armored car
	company, courier company, guard company, or [guard dog company,]
	locksmith company[, or private security consultant company];
	(2)  offer to perform the services of a company in
	Subdivision (1); or
	(3)  engage in business activity for which a license is
	required under this chapter.
	SECTION 5.028.  Section 1702.1025(b), Occupations Code, is
	amended to read as follows:
	(b)  A person licensed as an electronic access control device
	company may not install alarm systems unless otherwise licensed [or
	registered] to install alarm systems under this chapter.
	SECTION 5.029.  Section 1702.103, Occupations Code, is
	amended to read as follows:
	Sec. 1702.103.  CLASSIFICATION AND LIMITATION OF COMPANY
	LICENSES. (a) The company 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;
	(4)  Class F: level III training school license; and
	(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].
	(b)  A company license described by this chapter does not
	authorize the company license holder to perform a service for which
	the company license holder has not qualified. A person may not
	engage in an operation outside the scope of that person's company
	license. The department [board] shall indicate on the company
	license the services the company license holder is authorized to
	perform. The company license holder may not perform a service
	unless it is indicated on the company license.
	(c)  A company license is not assignable unless the
	assignment is approved in advance by the department [board].
	(d)  The commission [board] shall prescribe by rule the
	procedure under which a company license may be terminated.
	(e)  The commission [board] by rule may establish other
	company license classifications for activities expressly regulated
	by this chapter and may establish qualifications and practice
	requirements consistent with this chapter for those company license
	classifications.
	SECTION 5.030.  Section 1702.110, Occupations Code, is
	amended to read as follows:
	Sec. 1702.110.  APPLICATION FOR COMPANY LICENSE. (a) An
	application for a company license under this chapter must be in the
	form prescribed by the department [board] 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, the
	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, provided in the manner prescribed by the department
	[board];
	(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 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 department [board].
	(b)  An applicant for a company license as a security
	services contractor shall maintain a physical address within this
	state and provide that address to the department [board]. The
	commission [board] shall adopt rules to enable an out-of-state
	company license holder to comply with this subsection.
	(c)  The department may return an application for a company
	license as incomplete if the applicant submits payment of a fee that
	is returned for insufficient funds and the applicant has received
	notice and an opportunity to provide payment in full.
	SECTION 5.031.  Section 1702.112, Occupations Code, is
	amended to read as follows:
	Sec. 1702.112.  FORM OF COMPANY LICENSE. The department
	[board] shall prescribe the form of a company license[, including a
	branch office license]. The company license must include:
	(1)  the name of the company license holder;
	(2)  the name under which the company license holder is
	to operate;
	(3)  the company license number and the date the
	company license was issued; and
	(4)  a photograph of the company license holder,
	affixed to the company license at the time the company license is
	issued by the department [board].
	SECTION 5.032.  The heading to Section 1702.113, Occupations
	Code, is amended to read as follows:
	Sec. 1702.113.  GENERAL QUALIFICATIONS FOR COMPANY LICENSE
	[, CERTIFICATE OF REGISTRATION,] OR SECURITY OFFICER COMMISSION.
	SECTION 5.033.  Section 1702.113(a), Occupations Code, is
	amended to read as follows:
	(a)  An applicant for a company 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)  at the time of application be charged under an
	information or indictment with the commission of a Class A or Class
	B misdemeanor or felony offense determined to be disqualifying by
	commission [board] rule;
	(2)  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)  have been dishonorably discharged from the United
	States armed services, discharged from the United States armed
	services under other conditions determined by the commission
	[board] to be prohibitive, or dismissed from the United States
	armed services if a commissioned officer in the United States armed
	services; or
	(4)  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].
	SECTION 5.034.  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 company
	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
	commission [board].
	(b)  The applicant's experience must be:
	(1)  reviewed by the department [board or the chief
	administrator]; and
	(2)  determined to be adequate to qualify the applicant
	to engage in the business of an investigations company.
	SECTION 5.035.  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 company
	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 commission [board].
	(b)  The applicant's experience must have been obtained
	legally and must be:
	(1)  reviewed by the department [board or the chief
	administrator]; and
	(2)  determined to be adequate to qualify the applicant
	to engage in the business of a security services contractor.
	SECTION 5.036.  Section 1702.117, Occupations Code, is
	amended to read as follows:
	Sec. 1702.117.  EXAMINATION. (a) The department [board]
	shall require an applicant for a company license under this chapter
	[or the applicant's manager] to demonstrate qualifications in the
	person's company license classification, including knowledge of
	applicable state laws and commission [board] rules, by taking an
	examination to be determined by the commission [board].
	(b)  Payment of the application fee entitles the applicant
	[or the applicant's manager] to take one examination without
	additional charge. A person who fails the examination must pay a
	reexamination fee to take a subsequent examination.
	(c)  The commission [board] shall set the reexamination fee
	in an amount not to exceed the amount of the renewal fee for the
	company license classification for which application was made.
	(d)  The department [board] shall develop and provide to a
	person who applies to take the examination under Subsection (a)
	material containing all applicable state laws and commission
	[board] rules.
	SECTION 5.037.  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 department [board] shall notify the person of the
	examination results.
	(b)  If an examination is graded or reviewed by a testing
	service:
	(1)  the department [board] shall notify the person of
	the examination results not later than the 14th day after the date
	the department [board] 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
	department [board] shall notify the person of the reason for the
	delay before the 90th day.
	(c)  The department [board] 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
	department [board] shall furnish the person with an analysis of the
	person's performance on the examination.
	SECTION 5.038.  Section 1702.1183, Occupations Code, is
	amended to read as follows:
	Sec. 1702.1183.  RECIPROCAL COMPANY LICENSE FOR CERTAIN
	APPLICANTS. (a) The department [board] may waive any prerequisite
	to obtaining a company license for an applicant who holds a company
	license issued by another jurisdiction with which this state has a
	reciprocity agreement.
	(b)  The commission [board] may make an agreement, subject to
	the approval of the governor, with another state to allow for
	licensing by reciprocity.
	(c)  The commission [board] shall adopt rules under which the
	commission [board] may waive any prerequisite to obtaining a
	company license for, and credit experience for a company license
	requirement to, an individual who the commission [board] determines
	has acceptable experience gained during service in a branch of the
	United States armed forces, including the United States Coast
	Guard.
	SECTION 5.039.  Section 1702.1186, Occupations Code, is
	amended to read as follows:
	Sec. 1702.1186.  PROVISIONAL COMPANY LICENSE. (a) The
	department [board] may issue a provisional company license to an
	applicant currently licensed in another jurisdiction who seeks an
	equivalent company 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 commission [board] relating to the practice of
	private investigations or security services contracting; and
	(3)  is sponsored by a person licensed by the
	department [board] under this chapter with whom the provisional
	company license holder will practice during the time the person
	holds a provisional company license.
	(b)  A provisional company license is valid until the date
	the department [board] approves or denies the provisional company
	license holder's application for a company license. The department
	[board] shall issue a company license under this chapter to the
	provisional company license holder if:
	(1)  the provisional company license holder is eligible
	to be licensed under Section 1702.1183; or
	(2)  the provisional company 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 department [board] as
	meeting the academic and experience requirements for a company
	license under this chapter; and
	(C)  satisfies any other licensing requirements
	under this chapter.
	(c)  The department [board] must approve or deny a
	provisional company license holder's application for a company
	license not later than the 180th day after the date the provisional
	company license is issued. The department [board] may extend the
	180-day period if the results of an examination have not been
	received by the department [board] before the end of that period.
	(d)  The commission [board] may establish a fee for
	provisional company licenses in an amount reasonable and necessary
	to cover the cost of issuing the company license.
	SECTION 5.040.  Section 1702.122, Occupations Code, is
	amended to read as follows:
	Sec. 1702.122.  TEMPORARY CONTINUATION OF COMPANY LICENSE
	HOLDER'S BUSINESS. Under the terms provided by commission [board]
	rule, a company license holder's business may continue for a
	temporary period if the individual on the basis of whose
	qualifications a company license under this chapter has been
	obtained ceases to be connected with the company license holder.
	SECTION 5.041.  Section 1702.123, Occupations Code, is
	amended to read as follows:
	Sec. 1702.123.  INSURANCE; BOND. (a) A company license
	holder shall maintain on file with the department [board] at all
	times the surety bond and certificate of insurance required by this
	chapter.
	(b)  The commission [board] shall immediately suspend the
	company license of a company license holder who violates Subsection
	(a).
	(c)  The commission [board] may rescind the company license
	suspension if the company license holder provides proof to the
	commission [board] that the bond or the insurance coverage is still
	in effect. The company license holder must provide the proof in a
	form satisfactory to the commission [board] not later than the 10th
	day after the date the company license is suspended.
	(d)  After suspension of the company license, the commission
	[board] may not reinstate the company license until an application,
	in the form prescribed by the commission [board], is filed
	accompanied by a proper bond, insurance certificate, or both. The
	commission [board] may deny the application notwithstanding the
	applicant's compliance with this section:
	(1)  for a reason that would justify suspending,
	revoking, or denying a company license; or
	(2)  if, during the suspension, the applicant performs
	a practice for which a company license is required.
	SECTION 5.042.  Sections 1702.124(a), (b), and (f),
	Occupations Code, are amended to read as follows:
	(a)  An applicant is not eligible for a company license
	unless the applicant provides as part of the application:
	(1)  a certificate of insurance or other documentary
	evidence of a general liability insurance policy countersigned by
	an insurance agent licensed in this state; or
	(2)  a certificate of insurance for surplus lines
	coverage obtained under Chapter 981, Insurance Code, through a
	licensed Texas surplus lines agent resident in this state.
	(b)  The general liability insurance policy must be
	conditioned to pay on behalf of the company license holder damages
	that the company license holder becomes legally obligated to pay
	because of bodily injury, property damage, or personal injury,
	caused by an event involving the principal, or an officer, agent, or
	employee of the principal, in the conduct of any activity or service
	for which the company license holder is licensed under this
	chapter.
	(f)  In addition to the requirements of this section, an
	applicant or company license holder shall provide and maintain a
	certificate of insurance or other documentary evidence of insurance
	sufficient to cover all of the business activities of the applicant
	or company license holder related to private security.
	SECTION 5.043.  Section 1702.125, Occupations Code, is
	amended to read as follows:
	Sec. 1702.125.  BOND REQUIREMENT. A bond executed and filed
	with the department [board] under this chapter remains in effect
	until the surety terminates future liability by providing to the
	department [board] at least 30 days' notice of the intent to
	terminate liability.
	SECTION 5.044.  Section 1702.127, Occupations Code, is
	amended to read as follows:
	Sec. 1702.127.  COMPANY LICENSE HOLDER EMPLOYEES; RECORDS.
	(a)  A company license holder may be legally responsible for the
	conduct in the company license holder's business of each employee
	of the company license holder while the employee is performing
	assigned duties for the company license holder.
	(b)  A company license holder shall maintain a record
	containing information related to the company license holder's
	employees as required by the commission [board].
	(c)  A company license holder shall maintain for inspection
	by the department at the company license holder's principal place
	of business or branch office two recent color photographs, of a type
	required by the commission [board], of each applicant, individual
	license holder [registrant], commissioned security officer, and
	employee of the company license holder.
	(d)  A company license holder shall maintain records
	required under this chapter at a physical address within this state
	and provide that address to the department [board].
	SECTION 5.045.  Section 1702.128, Occupations Code, is
	amended to read as follows:
	Sec. 1702.128.  POSTING OF COMPANY LICENSE REQUIRED. A
	company license holder shall at all times post[:
	[(1)] the person's license in a conspicuous place in:
	(1)  the principal place of business of the company
	license holder; and
	(2)  each branch office [license in a conspicuous place
	in each branch office] of the company license holder.
	SECTION 5.046.  Section 1702.129, Occupations Code, is
	amended to read as follows:
	Sec. 1702.129.  NOTICE OF CERTAIN CHANGES; BRANCH OFFICES.
	(a) A company license holder shall notify the department [board]
	not later than the 14th day after the date of:
	(1)  a change of address for the company license
	holder's principal place of business;
	(2)  a change of a name under which the company license
	holder does business; or
	(3)  a change in the company license holder's officers
	or partners.
	(b)  A company license holder shall notify the department
	[board] 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 5.047.  Section 1702.130(a), Occupations Code, is
	amended to read as follows:
	(a)  A company license holder, or an officer, director,
	partner, [manager,] or employee of a company license holder, may
	not:
	(1)  use a title, an insignia, or an identification
	card, wear a uniform, or make a statement with the intent to give an
	impression that the person is connected with the federal
	government, a state government, or a political subdivision of a
	state government; or
	(2)  use a title, an insignia, or an identification
	card or wear a uniform containing the designation "police."
	SECTION 5.048.  Section 1702.131, Occupations Code, is
	amended to read as follows:
	Sec. 1702.131.  ADVERTISING. An advertisement by a company
	license holder soliciting or advertising business must contain the
	company license holder's company name and address as stated in
	department [board] records.
	SECTION 5.049.  Section 1702.132, Occupations Code, is
	amended to read as follows:
	Sec. 1702.132.  REPORTS TO EMPLOYER OR CLIENT.  (a)  A
	written report submitted to a company license holder's employer or
	client may only be submitted by the company license holder [or
	manager] or a person authorized by a company license holder [or
	manager]. The person submitting the report shall exercise
	diligence in determining whether the information in the report is
	correct.
	(b)  A company license holder or an officer, director,
	partner, [manager,] or employee of a company license holder may not
	knowingly make a false report to the employer or client for whom
	information is obtained.
	SECTION 5.050.  Section 1702.133, Occupations Code, is
	amended to read as follows:
	Sec. 1702.133.  CONFIDENTIALITY; INFORMATION RELATING TO
	CRIMINAL OFFENSE. (a) A company license holder or an officer,
	director, or partner[, or manager] of a company license holder may
	not disclose to another information obtained by the person for an
	employer or client except:
	(1)  at the direction of the employer or client; or
	(2)  as required by state law or court order.
	(b)  A company license holder or an officer, director, or
	partner[, or manager] of a company license holder shall disclose to
	a law enforcement officer or a district attorney, or that
	individual's representative, information the person obtains that
	relates to a criminal offense. A private investigator who is
	working under the direct supervision of a licensed attorney
	satisfies this requirement by disclosing the information to the
	supervising attorney.
	SECTION 5.051.  The heading to Section 1702.134, Occupations
	Code, is amended to read as follows:
	Sec. 1702.134.  COMPANY LICENSE HOLDER EXEMPTIONS FROM
	CERTAIN LOCAL REGULATIONS.
	SECTION 5.052.  Sections 1702.134(a) and (b), Occupations
	Code, are amended to read as follows:
	(a)  A company license holder or an employee of a company
	license holder is not required to obtain an authorization, permit,
	franchise, or license from, pay another fee or franchise tax to, or
	post a bond in a municipality, county, or other political
	subdivision of this state to engage in business or perform a service
	authorized under this chapter.
	(b)  A municipality, county, or other political subdivision
	of this state may not require a payment for the use of municipal,
	county, or other public facilities in connection with a business or
	service provided by a company license holder, except that a
	municipality may impose and collect:
	(1)  a reasonable charge for the use of a central alarm
	installation located in a police office that is owned, operated, or
	monitored by the municipality; and
	(2)  reasonable inspection and reinspection fees in
	connection with a device that causes at least five false alarms in a
	12-month period.
	SECTION 5.053.  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 department [board] has issued a
	security officer commission to the individual.
	SECTION 5.054.  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 department [board] on a form provided by the
	department [board].
	SECTION 5.055.  Section 1702.163(a), Occupations Code, is
	amended to read as follows:
	(a)  An applicant employed by a company license holder is not
	eligible for a security officer commission unless the applicant
	submits as part of the application satisfactory evidence that the
	applicant has:
	(1)  completed the basic training course at a school or
	under an instructor approved by the department [board];
	(2)  met each qualification established by this chapter
	and administrative rule;
	(3)  achieved the score required by the department
	[board] on the examination under Section 1702.1685; and
	(4)  demonstrated to the satisfaction of the firearm
	training instructor that the applicant has complied with other
	department [board] standards for minimum marksmanship competency
	with a handgun.
	SECTION 5.056.  Section 1702.165, Occupations Code, is
	amended to read as follows:
	Sec. 1702.165.  ISSUANCE OF SECURITY OFFICER COMMISSION;
	POCKET CARD. (a) The [board, with the concurrence of the]
	department:
	(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 department
	[board] that identifies the security officer.
	SECTION 5.057.  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 department [board] of the
	transfer of employment on a form prescribed by the department
	[board], accompanied by payment of the employee information update
	fee.
	SECTION 5.058.  Sections 1702.1675(a), (b), (c), (d), (e),
	(f), and (i), Occupations Code, are amended to read as follows:
	(a)  The commission [board] 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 department [board]. To receive
	department [board] approval, a school or an instructor must submit
	an application to the department [board] on a form provided by the
	department [board].
	(c)  The basic training course established under this
	section [approved by the board] must consist of a minimum of 30
	hours.
	(d)  The general security officer training portion of the
	course must include instruction on:
	(1)  [board rules and] applicable rules and state laws;
	(2)  field note taking and report writing; and
	(3)  any other topics of security officer training
	curriculum the department [board] considers necessary.
	(e)  The department [board] shall develop a commissioned
	security officer training manual that contains applicable state
	laws and [board] rules to be used in the instruction and training of
	commissioned security officers.
	(f)  The commission [board] shall adopt rules necessary to
	administer the provisions of this section concerning the training
	requirements of this chapter.
	(i)  The commission [board] 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 5.059.  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 commission [board] 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; and
	(2)  [standards of good moral character; and
	[(3)] other requirements that relate to the competency
	and reliability of individuals to carry firearms.
	(b)  The commission [board] shall prescribe appropriate
	forms and adopt rules by which evidence is presented that the
	requirements are fulfilled.
	SECTION 5.060.  Sections 1702.1685(b) and (d), Occupations
	Code, are amended to read as follows:
	(b)  Only a department-approved [board-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
	department [board].
	SECTION 5.061.  Section 1702.171, Occupations Code, is
	amended to read as follows:
	Sec. 1702.171.  SECURITY OFFICER COMMISSION RECORDS. The
	commission [board] shall adopt rules for the maintenance of records
	relating to an individual to whom the department [board] has issued
	a security officer commission.
	SECTION 5.062.  The heading to Subchapter H, Chapter 1702,
	Occupations Code, is amended to read as follows:
	SUBCHAPTER H. EMPLOYMENT OF COMMISSIONED SECURITY OFFICER BY
	CERTAIN PERSONS; [LETTER OF AUTHORITY] REQUIREMENTS
	SECTION 5.063.  Section 1702.181, Occupations Code, is
	amended to read as follows:
	Sec. 1702.181.  NOTICE AND REGISTRATION [LETTER OF
	AUTHORITY] REQUIRED; REGISTRY.  (a) The security department of a
	private business or a political subdivision may not employ a
	commissioned security officer unless the security department
	provides notice to the department in the form prescribed by the
	commission of:
	(1)  the security department's intent to employ a
	commissioned security officer and register with the department
	under this section;
	(2)  the name, title, and contact information of the
	person serving in the security department as the contact for the
	department; and
	(3)  any change in the information provided in
	Subdivision (1) or (2) [holds a letter of authority].
	(b)  The department shall maintain a registry of security
	departments that provide notice under Subsection (a) and the name,
	title, and contact information of the person serving as contact for
	each security department.
	SECTION 5.064.  The heading to Subchapter I, Chapter 1702,
	Occupations Code, is amended to read as follows:
	SUBCHAPTER I. PERSONAL PROTECTION OFFICER LICENSE [ENDORSEMENT]
	REQUIREMENTS
	SECTION 5.065.  Section 1702.201, Occupations Code, is
	amended to read as follows:
	Sec. 1702.201.  PERSONAL PROTECTION OFFICER LICENSE
	[ENDORSEMENT] REQUIRED. An individual may not act as a personal
	protection officer unless the individual holds a personal
	protection officer license [endorsement].
	SECTION 5.066.  Section 1702.203, Occupations Code, is
	amended to read as follows:
	Sec. 1702.203.  APPLICATION FOR PERSONAL PROTECTION OFFICER
	LICENSE [ENDORSEMENT]. An applicant for a personal protection
	officer license [endorsement] must submit a written application on
	a form prescribed by the commission [board].
	SECTION 5.067.  Section 1702.204, Occupations Code, is
	amended to read as follows:
	Sec. 1702.204.  PERSONAL PROTECTION OFFICER LICENSE
	[ENDORSEMENT]; QUALIFICATIONS. (a) An applicant for a personal
	protection officer license [endorsement] 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 department
	[board]; 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 commission [board] by rule shall require an
	applicant for a personal protection officer license [endorsement]
	to complete the Minnesota Multiphasic Personality Inventory test.
	The department [board] may use the results of the test to evaluate
	the applicant's psychological fitness.
	SECTION 5.068.  Section 1702.205(a), Occupations Code, is
	amended to read as follows:
	(a)  The commission [board] 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 5.069.  Section 1702.206(a), Occupations Code, is
	amended to read as follows:
	(a)  An individual acting as a personal protection officer
	may not carry a 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 license
	[endorsement] 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 license [endorsement] on the
	officer's person while performing the officer's duties or traveling
	as described by Subdivision (1) and presents the commission and
	license [endorsement] on request.
	SECTION 5.070.  The heading to Subchapter J, Chapter 1702,
	Occupations Code, is amended to read as follows:
	SUBCHAPTER J. LICENSING AND [REGISTRATION AND ENDORSEMENT
	REQUIREMENTS;] DUTIES OF INDIVIDUALS [REGISTRANT AND ENDORSEMENT
	HOLDER]
	SECTION 5.071.  Section 1702.221, Occupations Code, is
	amended to read as follows:
	Sec. 1702.221.  INDIVIDUAL LICENSE [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 individual license
	[endorsement] under Subsection (b); and
	(2) [(3)]  be employed by a company license holder
	[licensed under this chapter].
	(b)  An individual must obtain the appropriate individual
	license [endorsement] 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;
	(H) [(J)]  a level 4 personal protection
	instructor;
	(I) [(K)]  a private investigator; or
	(J)  [(L) a private security consultant;
	[(M) a security salesperson; or
	[(N)] an individual whose duties include
	performing another activity for which an individual license
	[endorsement] is required under Subsection (e); or
	(2)  is an owner who owns at least a 51 percent interest
	in a company license holder [who oversees the security-related
	aspects of the business, officer, partner, or shareholder of a
	license holder].
	(c)  Licensure [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 individual license [an
	endorsement] under this section must obtain an individual license
	[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
	individual license [an endorsement] for personal protection if the
	individual performs the services described by Section 1702.202.
	(e)  The commission [board] by rule may require a person to
	hold an individual license [an endorsement] for performing any
	other activity expressly regulated by this chapter.
	SECTION 5.072.  Section 1702.2226(b), Occupations Code, is
	amended to read as follows:
	(b)  A person licensed [registered] as an electronic access
	control device installer may not install alarm systems unless the
	person holds an individual license [an endorsement] under this
	chapter as an alarm systems installer.
	SECTION 5.073.  Section 1702.229, Occupations Code, is
	amended to read as follows:
	Sec. 1702.229.  QUALIFICATIONS FOR INDIVIDUAL LICENSE
	[REGISTRATION]. (a) An applicant for an individual license
	[registration] must meet the qualifications required under Section
	1702.113 for a company license applicant.
	(b)  The commission [In accordance with the requirements of
	Section 1702.0611, the board] by rule may adopt additional
	qualifications for an individual to obtain an individual license
	[be registered] under this subchapter.
	SECTION 5.074.  Section 1702.230, Occupations Code, is
	amended to read as follows:
	Sec. 1702.230.  APPLICATION FOR INDIVIDUAL LICENSE
	[REGISTRATION OR ENDORSEMENT]. (a) An application for an
	individual license [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 described by Subdivision
	(3) commenced;
	(5)  a letter from the company license holder
	requesting that the applicant be issued an individual license [be
	registered or endorsed];
	(6)  the title of the position occupied by the
	applicant and a description of the applicant's duties;
	(7)  the required fees, including the criminal history
	check fee established under Section 1702.282;
	(8)  fingerprints of the applicant provided in the
	manner prescribed by the department [board]; and
	(9)  any other information, evidence, statement, or
	document required by the department [board].
	(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 an individual license
	[registration].
	(c)  An applicant must submit an application that
	substantially meets the requirements of this section before
	employment in a capacity for which an individual license
	[registration] is required.
	(d)  For purposes of Subsection (a), an application is not
	considered to be verified until the department [board] has received
	electronic verification from the department or the Federal Bureau
	of Investigation, as applicable, that the applicant has submitted
	the applicant's fingerprints.
	(e)  The department [board] shall make information available
	to the public concerning whether an applicant for an individual
	license [registration or endorsement] has met the requirements
	under this chapter for performing a service for which the
	individual license [registration or endorsement] is required.
	(f)  If information concerning an applicant is not made
	available under Subsection (e) before the 48th hour after the time
	the applicant's fingerprints are submitted in accordance with
	Subsection (a), the applicant may begin performing the duties of
	employment for which the individual license [registration or
	endorsement] is required, other than duties as a commissioned
	security officer, if the employer or its agent:
	(1)  verifies through the department's publicly
	accessible website that the applicant is:
	(A)  not disqualified for the individual license
	[registration or endorsement] based on the applicant's criminal
	history; and
	(B)  not required to register as a sex offender
	under Chapter 62, Code of Criminal Procedure; and
	(2)  maintains in the applicant's employee file a copy
	of the search results obtained under Subdivision (1).
	SECTION 5.075.  Section 1702.2305, Occupations Code, is
	amended to read as follows:
	Sec. 1702.2305.  PROVISIONAL INDIVIDUAL LICENSE
	[REGISTRATION]. (a) The department [board] may issue a
	provisional individual license [registration] to an applicant
	currently licensed [registered] in another jurisdiction who seeks
	an equivalent license [registration] in this state and who:
	(1)  has been licensed [registered] in good standing in
	the field in which the individual license [registration] is sought
	for at least two years in another jurisdiction, including a foreign
	country, that has licensing [registration] requirements
	substantially equivalent to the requirements of this chapter;
	(2)  has passed a national or other examination
	recognized by the commission [board] relating to practice in the
	field in which the individual license [registration] is sought; and
	(3)  is employed by a company license holder [person
	licensed by the board under this chapter] with whom the provisional
	individual license holder [registration holder] will practice
	during the time the person holds a provisional individual license
	[registration].
	(b)  A provisional individual license [registration] is
	valid until the date the department [board] approves or denies the
	provisional individual license [registration] holder's application
	for an individual license [a registration]. The department [board]
	shall issue an individual license [a registration] under this
	chapter to the provisional individual license [registration]
	holder if the provisional individual license [registration] holder
	is eligible to be licensed [registered] under this chapter.
	(c)  The department [board] must approve or deny a
	provisional individual license [registration] holder's application
	for an individual license [a registration] not later than the 180th
	day after the date the provisional individual license
	[registration] is issued. The department [board] may extend the
	180-day period if the results of an examination have not been
	received by the department [board] before the end of that period.
	(d)  The commission [board] may establish a fee for a
	provisional individual license [registration] in an amount
	reasonable and necessary to cover the cost of issuing the
	individual license [registration].
	SECTION 5.076.  Section 1702.232, Occupations Code, is
	amended to read as follows:
	Sec. 1702.232.  POCKET CARDS. (a) The department [board]
	shall issue a pocket card for each individual license holder
	[registrant] under this chapter. A pocket card for an owner[,
	officer, partner, or shareholder] of a company license holder shall
	be issued to the company license holder.
	(b)  The department [board] shall determine the size,
	design, and content of the pocket card.
	(c)  The pocket card must:
	(1)  state the name of the individual license holder
	[registrant];
	(2)  contain a color photograph, affixed to the pocket
	card by the department [board] at the time the card is issued, and
	the signature of the individual license holder [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 5.077.  Section 1702.233, Occupations Code, is
	amended to read as follows:
	Sec. 1702.233.  DURATION OF POCKET CARDS. A pocket card
	issued for an individual license holder [a registrant is valid for
	two years and] expires on the date the individual license
	[registration] expires under Section 1702.301(b) [1702.301(d),
	(e), or (f)].
	SECTION 5.078.  Section 1702.234, Occupations Code, is
	amended to read as follows:
	Sec. 1702.234.  [REGISTRATION AND ENDORSEMENT] TRANSFER OF
	INDIVIDUAL LICENSE.  An individual license holder [A registrant]
	may transfer the holder's license [registrant's registration and
	endorsements] from one employer to another employer if, not later
	than the 14th day after the date the individual license holder
	[registrant] begins the new employment, the new employer notifies
	the department [board] of the transfer of employment on a form
	prescribed by the commission [board] accompanied by payment of the
	employee information update fee.
	SECTION 5.079.  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 commission [board] rule.
	SECTION 5.080.  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 department
	[board] shall require an individual who applies for an individual
	license [endorsement] as an electronic access control device
	installer to pass an examination given by the department [board] or
	a person approved by the department [board]. The examination must
	cover material related to access control.
	(b)  The commission [On and after September 1, 2005, the
	board] by rule may allow an electronic access control device
	installer to obtain or renew an individual license [endorsement] by
	fulfilling the requirements of a commission-approved
	[board-approved], industry-based educational training program.
	SECTION 5.081.  Section 1702.239, Occupations Code, is
	amended to read as follows:
	Sec. 1702.239.  TRAINING REQUIREMENTS FOR ALARM SYSTEMS
	INSTALLER [AND SECURITY SALESPERSON]; EXAMINATION. (a) The
	commission [board] may require that an individual employed as an
	alarm systems installer [or security salesperson] hold a
	certification by a commission-approved [board-approved] training
	program to renew an individual license [endorsement]. The
	commission [board] 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 individual license [endorsement]. 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 commission [board] may require an individual who has
	completed a training program under Subsection (a) to pass an
	examination given by the department [board] or by a person approved
	by the department [board].  The commission [board] 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 individual license
	[endorsement].
	(c)  [An individual who holds a registration on September 30,
	1993, is not required to comply with requirements adopted under
	Subsections (a) and (b) during the time the individual maintains
	the registration with the individual's current license holder.
	[(d)]  If the commission [board] requires certification or
	examination under this section, the commission [board] shall adopt
	[implement] rules to require that to renew an individual license
	[endorsement], an individual who is employed as an alarm systems
	installer [or a security salesperson] and who has already once
	renewed the individual license [endorsement] must obtain
	continuing education credits related to the line of work for which
	the individual is licensed. If the commission [board] requires the
	continuing education, the chief administrator must approve classes
	offered by nationally recognized organizations, and participants
	in the classes must qualify according to commission [board] rules.
	SECTION 5.082.  Section 1702.240, Occupations Code, is
	amended to read as follows:
	Sec. 1702.240.  [REGISTRATION] EXEMPTIONS FOR UNDERCOVER
	AGENT. (a) For the purposes of this section, "undercover agent"
	means an individual hired by a person to perform a job in or for that
	person, and while performing that job, to act as an undercover
	agent, an employee, or an independent contractor of a company
	license holder, but supervised by a company license holder.
	(b)  An employee of a company license holder who is employed
	exclusively as an undercover agent is not required to obtain an
	individual license [register with the board].
	SECTION 5.083.  Section 1702.241, Occupations Code, is
	amended to read as follows:
	Sec. 1702.241.  JURISPRUDENCE EXAMINATION. (a) The
	commission [board] may develop and the department may administer at
	least twice each calendar year a jurisprudence examination to
	determine the knowledge that an applicant for an individual license
	[endorsement] has of this chapter, commission [board] rules, and
	any other applicable laws of this state affecting the applicant's
	activities regulated under this chapter.
	(b)  Before the department [board] may administer a
	jurisprudence examination under this section, the commission
	[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 department [board] may design different examinations
	for different types of individual licenses [endorsements].
	SECTION 5.084.  Section 1702.282, Occupations Code, is
	amended to read as follows:
	Sec. 1702.282.  CRIMINAL HISTORY CHECK. (a) The department
	[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 or [, registration,] security officer commission issued
	under this chapter [, letter of approval, permit, endorsement, or
	certification]. As part of its criminal history check, the
	department [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 department [board] may result in the application
	being considered incomplete. An applicant is not eligible for a
	license or security officer [, registration,] commission issued
	under this chapter [, 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 or [, registration,] commission [, letter of approval,
	permit, endorsement, or certification]. Except as provided by
	Subsection (d), each applicant shall submit at the time of
	application, including an application for the renewal of a license
	or security officer [, registration,] commission issued under this
	chapter [, letter of approval, permit , endorsement, or
	certification], fingerprints in the manner prescribed by the
	department [board] accompanied by the fee set by the commission
	[board].
	(b)  Before beginning employment as a commissioned security
	officer, the applicant must be approved by the department [board]
	based on the results of the check under Subsection (a). To continue
	employment in a capacity regulated under this chapter other than as
	a commissioned security officer, the applicant must be approved by
	the department [board] based on the results of the check under
	Subsection (a) not later than the 120th day after the date the
	applicant begins employment in that capacity.
	(c)  A license or [, registration,] security officer
	commission[, letter of approval, permit, endorsement, or
	certification] issued by the department [board] is conditional on
	the department's review [board's receipt] of criminal history
	record information.
	(d)  An applicant who is a peace officer is not required to
	submit fingerprints with the applicant's application. On request,
	the law enforcement agency or other entity that employs the peace
	officer or the entity that maintains the peace officer's
	fingerprints shall provide the fingerprints for the peace officer
	to the department [board]. The applicant shall provide sufficient
	information to the department [board] to enable the department
	[board] to obtain the fingerprints under this subsection.
	(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 or security officer[,] commission[,
	endorsement, or certificate of registration] under this chapter.
	SECTION 5.085.  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 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 5.086.  Section 1702.284(a), Occupations Code, is
	amended to read as follows:
	(a)  Information contained in alarm systems records
	maintained by a governmental body that concerns the location of an
	alarm system, the name of the occupant of an alarm system location,
	or the type of alarm system used is confidential and may be
	disclosed only to the department [board], to the alarm company to
	which the confidential records relate, or as otherwise required by
	state law or court order.
	SECTION 5.087.  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 company license holder; or
	(2)  has a license or security officer commission [is
	licensed, registered, endorsed, or commissioned] under this
	chapter.
	SECTION 5.088.  Sections 1702.288(a), (d), and (f),
	Occupations Code, are amended to read as follows:
	(a)  The commission [board] shall adopt rules in accordance
	with this section that require a company license holder acting as an
	alarm systems company under this chapter to inform each of the
	license holder's clients that the client is entitled to receive a
	written contract for alarm system services that contains the
	client's fee arrangement and other relevant information about
	services to be rendered.
	(d)  The rules shall require that, not later than the seventh
	day after the date of entering into a contract for services
	regulated by the department [board] with another alarm systems
	company or alarm systems monitor, an alarm systems company shall:
	(1)  notify the recipient of those services of the
	name, address, and telephone number and individual to contact at
	the company that purchased the contract;
	(2)  notify the recipient of services at the time the
	contract is negotiated that another licensed company may provide
	any of the services requested by subcontracting or outsourcing
	those services; and
	(3)  if any of the services are subcontracted or
	outsourced to a licensed third party, notify the recipient of
	services, by mail, of the name, address, phone number, and license
	number of the company providing those services.
	(f)  A company license holder acting as an alarm systems
	company does not have to provide the notice required under
	Subsection (d) if the contact information, including the address
	and the telephone numbers for the alarm systems company, has not
	changed.
	SECTION 5.089.  Section 1702.289, Occupations Code, is
	amended to read as follows:
	Sec. 1702.289.  INSPECTIONS. (a)  An employee or agent of
	the department [or board, as applicable,] who enters the place of
	business of a person regulated under this chapter for the purpose of
	conducting an inspection or audit must:
	(1)  notify the manager or owner of the business of the
	presence of the person conducting the inspection or audit; and
	(2)  present the manager or owner of the business with
	credentials that identify the person conducting the inspection or
	audit as an employee or agent of the department [or board].
	(b)  This section does not prohibit the department [or board]
	from conducting an undercover investigation or covert audit in
	order to determine compliance with this chapter or a rule adopted
	under this chapter.
	SECTION 5.090.  Sections 1702.301(b), (c), and (h),
	Occupations Code, are amended to read as follows:
	(b)  A company license, individual license, and security
	officer commission expire on the dates determined by the commission
	under Section 411.511, Government Code, but not later than [expires
	on] the second anniversary of the date the license or commission is
	issued.
	(c)  A personal protection officer license [endorsement]
	expires on the date determined by the commission under Section
	411.511, Government Code, but not later than [on] the expiration
	date of the security officer commission under which the license
	[individual's endorsement] is issued.
	(h)  A license[, registration, or endorsement] issued under
	this chapter, other than one specified in this section, expires on
	the date determined by the commission under Section 411.511,
	Government Code, but not later than the second anniversary of the
	date the license is issued [specified by this chapter or by board
	rule].
	SECTION 5.091.  Sections 1702.302(a), (b), (c), and (e),
	Occupations Code, are amended to read as follows:
	(a)  A person who is otherwise eligible to renew a license
	may renew an unexpired license by paying the required renewal fee to
	the department [board] 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 department [board] 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
	department [board] a renewal fee that is equal to two times the
	normally required renewal fee.
	(e)  Not later than the 30th day before the date a person's
	license is scheduled to expire, the department [board] shall send
	written notice of the impending expiration to the person at the
	person's last known address according to the department's [board's]
	records.
	SECTION 5.092.  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 department [board] a fee that is equal to
	two times the normally required renewal fee for the license.
	SECTION 5.093.  Sections 1702.308(b) and (c), Occupations
	Code, are amended to read as follows:
	(b)  The department [board] shall recognize, prepare, or
	administer continuing education programs for company license
	holders, commissioned security officers, and individual license
	[endorsement] holders. The commission [board] shall set the
	minimum number of hours that must be completed and the types of
	programs that may be offered.
	(c)  A company license holder, commissioned security
	officer, or individual license [endorsement] holder must
	participate in the programs to the extent required by the
	commission [board] to keep the person's license or [,] commission[,
	or endorsement]. A company license holder, commissioned security
	officer, or individual license [endorsement] holder shall submit
	evidence of compliance with the commission's [board's] continuing
	education requirements in a manner prescribed by the department
	[board].
	SECTION 5.094.  Section 1702.309(a), Occupations Code, is
	amended to read as follows:
	(a)  The commission [board] by rule shall develop a
	continuing education course required for renewal of a security
	officer commission. Only a department-approved [board-approved]
	instructor may administer the continuing education course. The
	course must include at least six hours of instruction determined by
	the department [chief administrator of the board].
	SECTION 5.095.  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 department
	[board] for the department [board] to issue a commission to the
	political subdivision's employees with those duties.
	(c)  The department [board] may not charge a fee for issuing
	a commission to an officer under Subsection (b). The department
	[board] shall issue to the officer a pocket card designating the
	political subdivision that employs the officer.
	(e)  The department [board] may approve a security officer
	training program conducted by the political subdivision in
	accordance with Sections 1702.1675 and 1702.168.
	SECTION 5.096.  Sections 1702.323(c) and (c-1), Occupations
	Code, are amended to read as follows:
	(c)  The security department of a private business may not
	hire or employ an individual to perform a duty described by Section
	1702.222 if the individual has been convicted of a crime that would
	otherwise preclude the individual from being licensed [registered]
	under this chapter. The private business shall maintain the
	individual's criminal history record on file at the business and
	shall make the record available for inspection by the department
	[Department of Public Safety].
	(c-1)  Although the security department of a private
	business that hires or employs an individual as a private security
	officer to possess a firearm in the course and scope of the
	individual's duties is required to apply for a security officer
	commission for the individual under this chapter, the security
	department of a private business is not required to apply [to the
	board] for any license under this chapter.
	SECTION 5.097.  Section 1702.331(b), Occupations Code, is
	amended to read as follows:
	(b)  This chapter does not apply to:
	(1)  an alarm systems company that sells, installs,
	services, monitors, or responds to only personal emergency response
	systems;
	(2)  an alarm systems installer who installs,
	maintains, or repairs only personal emergency response systems; and
	(3)  [a manager or branch office manager of an alarm
	systems company described by Subdivision (1);
	[(4)     a security salesperson who is employed by an
	alarm systems company described by Subdivision (1) to sell services
	offered by the company; and
	[(5)]  an owner[, officer, partner, or shareholder] of
	an alarm systems company described by Subdivision (1).
	SECTION 5.098.  Sections 1702.332(c) and (d), Occupations
	Code, are amended to read as follows:
	(c)  To qualify for the exemption provided by Subsection (b),
	a telematics service provider shall[:
	[(1)]  establish business practices and procedures
	that are at least as stringent as the guidelines established by the
	Association of Public Safety Communications Officials
	International regarding the communication of information from
	telematics service providers to public safety agencies[; and
	[(2) pay an annual fee of $2,500 to the department].
	(d)  The commission [department] may adopt rules necessary
	to carry out the purposes of this section, including rules to
	determine whether a telematics service provider is complying with
	Subsection (c).
	SECTION 5.099.  Section 1702.361, Occupations Code, is
	amended to read as follows:
	Sec. 1702.361.  DENIAL AND DISCIPLINARY ACTIONS; GROUNDS.
	(a) The commission [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.
	(b)  The commission [department] shall take disciplinary
	action described by Subsection (a) on proof:
	(1)  that the applicant, license holder, [manager or]
	majority owner of a 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[,
	registration, or endorsement under Section 1702.113,] or a security
	officer 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;
	(E)  failed to pay in full an administrative
	penalty assessed under Subchapter R, Chapter 411, Government Code
	[Q], for which the commission [board] has issued a final order; or
	(F)  performed any service for which an individual
	license [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
	individual license [registration] without informing the department
	[board] of the individual's employment with the company within a
	reasonable period; or
	[(G)     failed to qualify a new manager within the
	time required by board rule following the termination of a manager;
	or]
	(2)  that the company license holder employing an
	individual license holder [of a registrant] or commissioned
	security officer has submitted to the department sufficient
	evidence that the individual license holder [registrant] or
	commissioned security officer:
	(A)  engaged in fraud or deceit while employed by
	the company license holder; or
	(B)  committed theft while performing work as an
	individual license holder [a registrant] or commissioned security
	officer.
	(c)  The commission [department] may place on probation a
	person whose license is suspended. If a person's suspension of a
	license is probated, the commission [department] may require the
	person:
	(1)  to report regularly to the department on matters
	that are the basis of the suspension;
	(2)  to limit practice to the areas prescribed by the
	commission [department]; or
	(3)  to continue or review professional education until
	the person attains a degree of skill satisfactory to the commission
	[department] in those areas that are the basis of the probation.
	(d)  The commission [department] may revoke a license[,
	certificate, registration, endorsement,] or security officer
	commission if the person holding that credential under this chapter
	submits payment of a fee or penalty that is returned for
	insufficient funds and the person has received notice and an
	opportunity to provide payment in full.
	SECTION 5.100.  Section 1702.363, Occupations Code, is
	amended to read as follows:
	Sec. 1702.363.  APPLICATION OF ADMINISTRATIVE PROCEDURE
	ACT. Except as provided by Section [Sections 1702.3615(b) and]
	1702.364, a person regulated under this chapter against whom the
	commission [board] 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 5.101.  Sections 1702.364(a), (b), (c), (d), (e),
	and (f), 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, or a rule adopted
	under Section 1702.004(b), the commission [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.
	(b)  To initiate a proceeding to take action under Subsection
	(a), the department must serve notice to the person.  The notice
	must:
	(1)  inform the person of the person's right to a
	[preliminary] hearing before the department or the department's
	designee;
	(2)  state the basis for the summary action; and
	(3)  be personally served on the person or the person's
	authorized representative, or sent to the person by certified or
	registered mail, return receipt requested, to the person's mailing
	address as it appears in the department's records.
	(c)  The action is effective at the time notice is served.
	The person shall immediately surrender to the department any
	[certificate of registration,] security officer commission, pocket
	card, or other form of identification issued by the department.
	(d)  At a [preliminary] hearing under this section, 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.
	(e)  Chapter 2001, Government Code, applies [does not apply]
	to a proceeding under this section for the summary denial of an
	application for or the summary suspension or revocation of a
	license or security officer commission [the department's initial
	action under this section or to a preliminary hearing before the
	department under this section].
	(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 license or [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.
	SECTION 5.102.  Section 1702.365, Occupations Code, is
	amended to read as follows:
	Sec. 1702.365.  ABDUCTION OF CHILD. The commission [board]
	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 5.103.  Sections 1702.367(a), (c), (d), and (e),
	Occupations Code, are amended to read as follows:
	(a)  For an investigation conducted under this chapter, if
	necessary to enforce this chapter or the commission [board's] rules
	adopted under this chapter, the department may issue an
	administrative subpoena to any person in this state compelling:
	(1)  the production of information or documents; or
	(2)  the attendance and testimony of a witness.
	(c)  A person required to testify or to produce a record or
	document on any matter properly under inquiry by the department
	[board] 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 department [board], the
	department [board] 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 department [board] may
	take statements under oath in an investigation of a matter covered
	by this chapter.
	SECTION 5.104.  Section 1702.368, Occupations Code, is
	amended to read as follows:
	Sec. 1702.368.  NOTIFICATION OF CONVICTION FOR CERTAIN
	OFFENSES. The department shall notify the [board 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 5.105.  Section 1702.372, Occupations Code, is
	amended to read as follows:
	Sec. 1702.372.  RECUSAL OF COMMISSION [BOARD] MEMBER. (a) A
	commission [board] member who participated in the investigation of
	a complaint of a violation of this chapter or in informal settlement
	negotiations regarding the complaint:
	(1)  may not vote on the matter at a commission [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 5.106.  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[, registration, endorsement,] or
	security officer commission under this chapter knowing that the
	person does not hold the required license[, registration,
	endorsement,] 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 5.107.  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,] or commission under this chapter
	knowing that the person does not hold the required license[,
	registration, endorsement,] or commission or who otherwise, at the
	time of contract or employment, is in violation of this chapter.
	SECTION 5.108.  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 5.109.  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 department [board] the
	person's [registration,] commission, pocket card, or other
	identification issued to the person by the department under this
	chapter [board] on notification of a summary suspension or summary
	denial under Section 1702.364.
	SECTION 5.110.  Section 1702.3875(a), Occupations Code, is
	amended to read as follows:
	(a)  A person commits an offense if the person:
	(1)  impersonates a commissioned or noncommissioned
	security officer with the intent to induce another to submit to the
	person's pretended authority or to rely on the person's pretended
	acts of a security officer; or
	(2)  knowingly purports to exercise any function that
	requires licensure [registration] as a noncommissioned security
	officer or a security officer commission.
	SECTION 5.111.  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 of
	insurance, or commission that the person is required to hold under
	this chapter.
	SECTION 5.112.  Section 411.042(b), Government Code, is
	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:
	(A)  offenses in which family violence was
	involved;
	(B)  offenses under Sections 22.011 and 22.021,
	Penal Code; and
	(C)  offenses under Sections 20A.02, 43.02(a),
	43.02(b), 43.03, and 43.05, 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 as required by that chapter [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 magistrate's orders of emergency
	protection and all other pertinent information about all persons
	subject to active orders, including pertinent information about
	persons subject to conditions of bond imposed for the protection of
	the victim in any family violence, sexual assault or abuse,
	stalking, or trafficking case. Information in the law enforcement
	information system relating to an active 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 Article 17.292(e),
	Code of Criminal Procedure;
	(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 Article 17.292(e), Code of Criminal Procedure;
	(F)  the relationship or former relationship
	between the person who is protected by the order and the person to
	whom the order is directed;
	(G)  the conditions of bond imposed on the person
	to whom the order is directed, if any, for the protection of a
	victim in any family violence, sexual assault or abuse, stalking,
	or trafficking case;
	(H)  any minimum distance the person subject to
	the order is required to maintain from the protected places or
	persons; and
	(I)  the date the order expires;
	(7)  grant access to criminal history record
	information in the manner authorized under Subchapter F;
	(8)  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 5.113.  (a)  Section 411.119, Government Code, is
	repealed.
	(b)  The following provisions of the Occupations Code are
	repealed:
	(1)  Section 1702.002(1-b);
	(2)  Section 1702.002(3);
	(3)  Section 1702.002(6-b);
	(4)  Section 1702.002(11);
	(5)  Section 1702.002(12);
	(6)  Section 1702.002(13);
	(7)  Section 1702.002(14);
	(8)  Section 1702.002(19);
	(9)  Section 1702.002(20);
	(10)  Section 1702.027(c);
	(11)  Section 1702.028;
	(12)  Section 1702.030;
	(13)  Section 1702.043;
	(14)  Section 1702.047;
	(15)  Section 1702.0611;
	(16) Section 1702.0612;
	(17)  Section 1702.066;
	(18)  Section 1702.081;
	(19)  Section 1702.082;
	(20)  Section 1702.083;
	(21)  Section 1702.1045;
	(22)  Section 1702.109;
	(23)  Section 1702.111;
	(24)  Section 1702.113(d);
	(25)  Section 1702.116;
	(26)  Section 1702.119;
	(27)  Section 1702.120;
	(28)  Section 1702.121;
	(29)  Section 1702.183;
	(30)  Section 1702.225;
	(31)  Section 1702.227;
	(32)  Section 1702.228;
	(33)  Sections 1702.301(a), (d), (e), (f), and (g);
	(34)  Section 1702.304;
	(35)  Section 1702.307;
	(36)  Section 1702.3615;
	(37)  Section 1702.362;
	(38)  Sections 1702.364(g), (h), and (i);
	(39)  Section 1702.371;
	(40)  Section 1702.385; and
	(41)  Subchapter Q, Chapter 1702.
	SECTION 5.114.  (a) On September 1, 2019, the terms of the
	members serving on the Texas Private Security Board expire and the
	Texas Private Security Board is abolished.
	(b)  As soon as practicable after the effective date of this
	Act, the Public Safety Commission shall appoint members to the
	Texas Private Security Advisory Committee in accordance with
	Section 1702.021, Occupations Code, as amended by this Act. A board
	member whose term expired under Subsection (a) of this section is
	eligible for reappointment to the advisory committee.
	(c)  The members of the Texas Private Security Board whose
	terms expire under Subsection (a) of this section shall continue to
	provide advice to the Department of Public Safety until a majority
	of the members of the Texas Private Security Advisory Committee are
	appointed under Subsection (b) of this section and qualified.
	SECTION 5.115.  (a) In this section:
	(1)  "Commission" means the Public Safety Commission.
	(2)  "Department" means the Department of Public
	Safety.
	(3)  "Former board" means the Texas Private Security
	Board.
	(b)  On September 1, 2019:
	(1)  all functions and activities performed by the
	former board immediately before that date are transferred to the
	department;
	(2)  all rules, fees, policies, procedures, decisions,
	and forms adopted by the former board are continued in effect as
	rules, fees, policies, procedures, decisions, and forms of the
	commission or the department, as applicable, and remain in effect
	until amended or replaced by the commission or department;
	(3)  a complaint, investigation, contested case, or
	other proceeding before the former board that is pending on
	September 1, 2019, is transferred without change in status to the
	department or the commission, as appropriate;
	(4)  all money, contracts, leases, property, and
	obligations of the former board are transferred to the department;
	(5)  all property in the custody of the former board is
	transferred to the department; and
	(6)  the unexpended and unobligated balance of any
	money appropriated by the legislature for the former board is
	transferred to the department.
	(c)  The former board shall provide the department with
	access to any systems or information necessary for the department
	to accept the program transferred under this Act.
	(d)  A license, certificate, or other authorization issued
	by the former board is continued in effect as a license,
	certificate, or other authorization of the department.
	SECTION 5.116.  On September 1, 2019, the following expire:
	(1)  any license, registration, endorsement, or other
	authorization required to operate as a guard dog company or trainer
	of a dog used to protect persons or property or to conduct
	investigations, as described by Chapter 1702, Occupations Code, as
	that chapter existed immediately before the effective date of this
	Act; and
	(2)  any license, registration, endorsement, or other
	authorization required to operate as a security salesperson,
	private security consultant, or private security consulting
	company, as described by Chapter 1702, Occupations Code, as that
	chapter existed immediately before the effective date of this Act.
	SECTION 5.117.  As soon as practicable after the effective
	date of this Act, the Public Safety Commission shall adopt rules
	necessary to implement the changes in law made by this Act to
	Chapter 1702, Occupations Code.
	SECTION 5.118.  The changes in law made by this Act amending
	Chapter 1702, Occupations Code, do not affect the validity of a
	disciplinary action or other proceeding that was initiated before
	the effective date of this Act and that is pending before a court or
	other governmental entity on the effective date of this Act.
	SECTION 5.119.  (a)  A violation of Chapter 1702,
	Occupations Code, that is repealed or amended by this Act is
	governed by the law in effect when the violation was committed, and
	the former law is continued in effect for that purpose.
	(b)  For purposes of this section, a violation was committed
	before the effective date of this Act if any element of the
	violation occurred before that date.
	ARTICLE 6. CONDITIONAL TRANSFER OF DRIVER'S LICENSE PROGRAMS FROM
	DEPARTMENT OF PUBLIC SAFETY TO DEPARTMENT OF MOTOR VEHICLES
	SECTION 6.001.  Sections 521.001(a)(1-a) and (2),
	Transportation Code, are amended to read as follows:
	(1-a) "Department" means the Texas Department of Motor
	Vehicles [Public Safety].
	(2)  "Director" means the executive [public safety]
	director of the department.
	SECTION 6.002.  Section 521.001(c), Transportation Code, is
	amended to read as follows:
	(c)  The department by rule may define types of vehicles that
	are "motorcycles" for the purposes of this chapter, in addition to
	those defined under Subsection (a)(6-a), and [.     The Texas
	Department of Motor Vehicles by rule may define the types of
	vehicles that are "motorcycles"] for the purposes of Chapters 501,
	502, and 503.  This subsection applies only to vehicles
	manufactured by a manufacturer licensed under Chapter 2301,
	Occupations Code.
	SECTION 6.003.  Subchapter A, Chapter 521, Transportation
	Code, is amended by adding Section 521.0015 to read as follows:
	Sec. 521.0015.  STATUTORY REFERENCES. A statutory reference
	to the Department of Public Safety means the Texas Department of
	Motor Vehicles if the statutory reference concerns:
	(1)  the administration of the programs established by
	this chapter, Chapter 522, and other law that license a person to
	operate a motor vehicle, as defined by Section 501.002, or a
	commercial motor vehicle, as defined by Section 522.003, in this
	state; or
	(2)  the administration of Chapter 521A.
	SECTION 6.004.  (a) In this section:
	(1)  "Former administrator" means the Department of
	Public Safety.
	(2)  "Licensing program" means:
	(A)  the programs established by Chapters 521 and
	522, Transportation Code, and other law, that license a person to
	operate in this state a motor vehicle, as defined by Section
	501.002, Transportation Code, or a commercial motor vehicle, as
	defined by Section 522.003, Transportation Code; and
	(B)  the program to issue election identification
	certificates under Chapter 521A, Transportation Code.
	(3)  "New administrator" means the Texas Department of
	Motor Vehicles.
	(4)  "Work group" means the work group established
	under Subsection (b) of this section.
	(b)  As soon as practicable after the effective date of this
	section, the former administrator and the new administrator shall
	establish a work group to plan the transfer of the licensing program
	from the former administrator to the new administrator.
	(c)  The work group shall:
	(1)  adopt a transition plan to provide for the orderly
	transfer of powers, duties, functions, programs, and activities
	related to the licensing program, including:
	(A)  a plan that ensures the transfer of the
	licensing program will be completed on or before August 31, 2021;
	and
	(B)  completion dates for substantial phases of
	the licensing program's transfer;
	(2)  implement the transition plan described by
	Subdivision (1) of this subsection; and
	(3)  provide a quarterly report of the work group's
	progress in developing and implementing the transition plan
	described by Subdivision (1) of this subsection to:
	(A)  the presiding officer of each house of the
	legislature;
	(B)  the governor; and
	(C)  the Sunset Advisory Commission.
	(d) To prepare for the transfer, the former administrator
	shall provide the new administrator with access to any systems,
	information, property, records, or personnel necessary for the new
	administrator to administer the licensing program transferred
	under this article.
	(e) As soon as practicable after the effective date of this
	section:
	(1)  the new administrator shall study the most
	effective use of available state and county resources, including
	personnel, property, and resources potentially available through
	the adoption of intergovernmental agreements, to administer the
	licensing program, prioritizing:
	(A)  administrative efficiency and cost savings;
	and
	(B)  accessibility of the licensing program for
	the citizens of this state, including citizens residing in rural
	areas of this state; and
	(2)  the former administrator shall assist in the study
	described by Subdivision (1) of this subsection as requested by the
	new administrator.
	(f)  On September 1, 2021:
	(1)  all licensing program functions and activities
	performed by the former administrator immediately before that date
	are transferred to the new administrator;
	(2)  all licensing program rules, fees, policies,
	procedures, decisions, and forms adopted by the former
	administrator are continued in effect as rules, fees, policies,
	procedures, decisions, and forms of the new administrator and
	remain in effect until amended or replaced by the new
	administrator;
	(3)  a licensing program complaint, investigation,
	contested case, or other proceeding before the former administrator
	that is pending on September 1, 2021, is transferred without change
	in status to the new administrator;
	(4)  all licensing program money, contracts, leases,
	property, and obligations of the former administrator are
	transferred to the new administrator;
	(5)  all licensing program property in the custody of
	the former administrator is transferred to the new administrator;
	and
	(6)  the unexpended and unobligated balance of any
	money appropriated by the legislature to the former administrator
	for the purpose of administering the licensing program is
	transferred to the new administrator.
	(g)  On September 1, 2021, a license, certificate,
	endorsement, or other form of authorization issued by the former
	administrator and related to the licensing program is continued in
	effect as a license, certificate, endorsement, or other form of
	authorization of the new administrator.
	(h)  On September 1, 2021, all full-time equivalent employee
	positions at the former administrator that primarily concern the
	administration or enforcement of the licensing program become
	positions at the new administrator.
	SECTION 6.005.  (a) In this section, "licensing program"
	means:
	(1)  the programs established by Chapters 521 and 522,
	Transportation Code, and other law, that license a person to
	operate in this state a motor vehicle, as defined by Section
	501.002, Transportation Code, or a commercial motor vehicle, as
	defined by Section 522.003, Transportation Code; and
	(2)  the program to issue election identification
	certificates under Chapter 521A, Transportation Code.
	(b)  The Department of Public Safety shall enter into an
	agreement with an independent, third-party contractor to:
	(1)  conduct a study that examines the opportunities
	and challenges of transferring the licensing program from the
	Department of Public Safety to the Texas Department of Motor
	Vehicles; and
	(2)  prepare a report containing:
	(A)  the results of the study conducted under this
	subsection; and
	(B)  recommendations on the opportunities and
	challenges of transferring the program from the Department of
	Public Safety to the Texas Department of Motor Vehicles.
	(c)  Not later than September 1, 2020, the contractor shall
	submit the report prepared under Subsection (b) of this section to
	the legislature, the governor, the Sunset Advisory Commission, the
	Department of Public Safety, and the Texas Department of Motor
	Vehicles.
	SECTION 6.006.  (a) Subject to Subsection (b) of this
	section, 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, 2019.
	(b)  Sections 6.001, 6.002, 6.003, and 6.004 of this article
	take effect only if the report required by Section 6.005 of this
	article is not submitted within the period prescribed by that
	section.
	ARTICLE 7. EXPIRATION DATES OF DRIVER'S LICENSES
	SECTION 7.001.  Section 521.271(a), Transportation Code, is
	amended to read as follows:
	(a)  Each original driver's license, provisional license,
	learner license, or occupational driver's license issued to an
	applicant who is a citizen, national, or legal permanent resident
	of the United States or a refugee or asylee lawfully admitted into
	the United States 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 eighth [sixth] anniversary of the date of the
	application;
	(2)  a provisional license expires on the 18th birthday
	of the license holder;
	(3)  a learner license expires on the 18th birthday of
	the license holder;
	(4)  an occupational driver's license expires on the
	first anniversary of the court order granting the license; and
	(5)  unless an earlier date is otherwise provided, a
	driver's license issued to a person whose residence or domicile is a
	correctional facility or a parole facility expires on the first
	birthday of the license holder occurring after the first
	anniversary of the date of issuance.
	SECTION 7.002.  Section 521.421(a), Transportation Code, is
	amended to read as follows:
	(a)  The fee for issuance or renewal of a license not
	otherwise provided for by this section is $32 [$24].
	SECTION 7.003.  The changes in law made by this Act to
	Sections 521.271 and 521.421, Transportation Code, apply only to a
	driver's license issued or renewed on or after June 1, 2020. A
	driver's license issued or renewed before June 1, 2020, is governed
	by the law in effect immediately before the effective date of this
	Act, and the former law is continued in effect for that purpose.
	ARTICLE 8. MOTORCYCLE AND OFF-HIGHWAY VEHICLE OPERATOR TRAINING
	PROGRAMS
	SECTION 8.001.  Chapter 662, Transportation Code, is amended
	by adding Section 662.0005 to read as follows:
	Sec. 662.0005.  DEFINITIONS. In this chapter:
	(1)  "Commission" means the Texas Commission of
	Licensing and Regulation.
	(2)  "Department" means the Texas Department of
	Licensing and Regulation.
	(3)  "Instructor" means an individual who holds a
	license issued under this chapter that entitles the individual to
	provide instruction on motorcycle operation and safety as an
	employee of a motorcycle school.
	(4)  "Motorcycle school" means a person who holds a
	license issued under this chapter that entitles the person to offer
	and conduct courses on motorcycle operation and safety for
	consideration as part of the motorcycle operator training and
	safety program.
	SECTION 8.002.  Section 662.001, Transportation Code, is
	amended to read as follows:
	Sec. 662.001.  ADMINISTRATION OF PROGRAM [DESIGNATED STATE
	AGENCY]. The department [governor] shall [designate a state agency
	to establish and] administer a motorcycle operator training and
	safety program and enforce the laws governing the program.
	SECTION 8.003.  The heading to Section 662.002,
	Transportation Code, is amended to read as follows:
	Sec. 662.002.  PURPOSE OF PROGRAM[; CURRICULUM].
	SECTION 8.004.  Section 662.003, Transportation Code, is
	amended to read as follows:
	Sec. 662.003.  PROGRAM DIRECTOR. The department [designated
	state agency] shall employ as program director a person who is
	certified as a chief instructor by the Motorcycle Safety
	Foundation.
	SECTION 8.005.  Chapter 662, Transportation Code, is amended
	by adding Sections 662.0033, 662.0035, and 662.0037 to read as
	follows:
	Sec. 662.0033.  MINIMUM CURRICULUM STANDARDS. (a) The
	commission by rule shall establish minimum curriculum standards for
	courses provided under the motorcycle operator training and safety
	program.
	(b)  The department shall approve all courses that meet the
	curriculum standards established under Subsection (a).
	(c)  In establishing the minimum curriculum standards for
	entry-level courses, the commission shall consider the standards
	for motorcycle operator training and safety courses adopted by the
	National Highway Traffic Safety Administration.
	Sec. 662.0035.  FEES. (a) The commission may set fees in
	amounts reasonable and necessary to cover the costs of
	administering this chapter.
	(b)  The renewal fee for a motorcycle school license may not
	exceed $100.
	(c)  The renewal fee for an instructor license may not exceed
	$50.
	Sec. 662.0037.  MOTORCYCLE SAFETY ADVISORY BOARD. (a) The
	commission shall establish an advisory board to advise the
	department on matters related to the motorcycle operator training
	and safety program established under this chapter.
	(b)  The advisory board must consist of nine members
	appointed by the presiding officer of the commission, on approval
	of the commission, as follows:
	(1)  three members:
	(A)  each of whom must be a licensed instructor or
	represent a licensed motorcycle school; and
	(B)  who must collectively represent the
	diversity in size and type of the motorcycle schools licensed under
	this chapter;
	(2)  one member who represents the motorcycle dealer
	retail industry;
	(3)  one representative of a law enforcement agency;
	(4)  one representative of the Texas A&M Transportation
	Institute;
	(5)  one representative of the Texas A&M Engineering
	Extension Service; and
	(6)  two public members who hold a valid Class M
	driver's license issued under Chapter 521.
	(c)  The advisory board members serve staggered six-year
	terms.
	(d)  Chapter 2110, Government Code, does not apply to the
	advisory board.
	(e)  The department may call a joint meeting of the advisory
	board and the advisory committee established under Section
	1001.058, Education Code, for the committees to collaborate on
	matters determined by the department.
	SECTION 8.006.  Section 662.005, Transportation Code, is
	amended to read as follows:
	Sec. 662.005.  CONTRACTS. (a) The department [designated
	state agency] may [license or] contract with a motorcycle school
	for the school [qualified persons] to:
	(1)  offer and conduct motorcycle operator training and
	safety courses under the [administer or operate the motorcycle
	operator training and safety] program; or
	(2)  research motorcycle safety in this state.
	(b)  The department may only execute a contract under this
	section after consulting with the motorcycle safety advisory board
	regarding the contract.
	SECTION 8.007.  Section 662.006(a), Transportation Code, is
	amended to read as follows:
	(a)  A person may not offer or conduct training in motorcycle
	operation for consideration unless the person:
	(1)  is licensed as a motorcycle school under this
	chapter;
	(2)  offers and conducts training in accordance with a
	motorcycle operator training curriculum approved by the
	department; and
	(3)  employs an instructor licensed under this chapter
	to conduct the training [by or contracts with the designated state
	agency].
	SECTION 8.008.  Chapter 662, Transportation Code, is amended
	by adding Sections 662.0062, 662.0064, 662.0066, and 662.0068 to
	read as follows:
	Sec. 662.0062.  ELIGIBILITY; APPLICATION. (a) To be eligible
	for an instructor license, an applicant must:
	(1)  have completed a commission-approved training
	program on motorcycle operator training and safety instruction
	administered by the Texas A&M Engineering Extension Service;
	(2)  have held for the two years preceding the date of
	submitting the application a valid driver's license that entitles
	the applicant to operate a motorcycle on a public road; and
	(3)  have accumulated less than 10 points under the
	driver responsibility program established by Chapter 708.
	(b)  The commission by rule may adopt additional
	requirements for issuance of an instructor license.
	(c)  To be eligible for a motorcycle school license, an
	applicant must meet the minimum standards established by commission
	rule for:
	(1)  health and safety;
	(2)  the school's facility; and
	(3)  consumer protection.
	(d)  The department shall issue a license to an applicant who
	meets the eligibility requirements established under this chapter
	and department rule.
	(e)  The department may prescribe an application form for
	applicants to submit when applying for a license under this
	section.
	Sec. 662.0064.  INSTRUCTOR TRAINING; ADMINISTRATOR. The
	Texas A&M Engineering Extension Service, in consultation with the
	department, shall administer the training program required by
	Section 662.0062(a)(1).
	Sec. 662.0066.  ALTERNATIVE QUALIFICATIONS. The department
	shall issue a license to an applicant who holds a similar license
	issued by another jurisdiction with licensing requirements
	substantially equivalent to the requirements of this state. The
	commission may adopt rules to implement this section.
	Sec. 662.0068.  PROGRAM CERTIFICATES. The department shall
	issue a certificate of completion to a person who completes a
	department-approved motorcycle operator training and safety course
	conducted by a motorcycle school on receipt of notice from the
	motorcycle school that conducted the course.
	SECTION 8.009.  Section 662.008, Transportation Code, is
	amended to read as follows:
	Sec. 662.008.  DENIAL, SUSPENSION, OR REVOCATION
	[CANCELLATION] OF INSTRUCTOR OR MOTORCYCLE SCHOOL LICENSE
	[APPROVAL]. (a) The department [designated state agency] may deny
	an application for, suspend, or revoke a license issued [cancel its
	approval for a program sponsor to conduct or for an instructor to
	teach a course offered] under this chapter if the applicant,
	instructor, or motorcycle school [sponsor]:
	(1)  does not satisfy the requirements established
	under this chapter to receive or retain the license [approval];
	(2)  permits fraud or engages in a fraudulent practice
	with reference to an application for [to] the license [agency];
	(3)  induces or countenances fraud or a fraudulent
	practice by a person applying for a driver's license or permit;
	(4)  permits fraud or engages in a fraudulent practice
	in an action between the applicant or license holder and the public;
	or
	(5)  fails to comply with this chapter or rules adopted
	under this chapter [of the state agency].
	(b)  Following denial of an application for a license or the
	[,] suspension [,] or revocation of a license issued under this
	chapter [cancellation of the approval of a program sponsor or an
	instructor], notice and opportunity for a hearing must be given as
	provided by:
	(1)  Chapter 2001, Government Code; and
	(2)  Chapter 53, Occupations Code.
	SECTION 8.010.  Section 662.009, Transportation Code, is
	amended to read as follows:
	Sec. 662.009.  RULES. The commission [designated state
	agency] may adopt rules to administer this chapter.
	SECTION 8.011.  Section 662.010, Transportation Code, is
	amended to read as follows:
	Sec. 662.010.  NONAPPLICABILITY OF CERTAIN OTHER LAW.
	Chapter 1001, Education Code [332, Acts of the 60th Legislature,
	Regular Session, 1967 (Article 4413(29c), Vernon's Texas Civil
	Statutes)], does not apply to training offered or conducted under
	this chapter.
	SECTION 8.012.  Section 662.011, Transportation Code, is
	amended by amending Subsection (b) and adding Subsection (d) to
	read as follows:
	(b)  Money deposited to the credit of the motorcycle
	education fund account may be used only to defray the cost of:
	(1)  administering the motorcycle operator training
	and safety program; [and]
	(2)  conducting the motorcyclist safety and share the
	road campaign described by Section 201.621; and
	(3)  administering the grant program under Section
	662.0115.
	(d)  The department may apply for and accept gifts, grants,
	and donations from any organization to be deposited in the
	motorcycle education fund account for the purpose of improving
	motorcycle safety in this state.
	SECTION 8.013.  Chapter 662, Transportation Code, is amended
	by adding Section 662.0115 to read as follows:
	Sec. 662.0115.  MOTORCYCLE SAFETY GRANT PROGRAM. (a) Using
	money from the motorcycle education fund account, the department
	may establish and administer a grant program to improve motorcycle
	safety in this state.
	(b)  The department may award a person a grant to:
	(1)  promote the motorcycle operator training and
	safety program or any other motorcycle safety program in this
	state;
	(2)  increase the number of individuals seeking
	motorcycle operator training or licensure as an instructor to
	conduct motorcycle operator training; or
	(3)  support any other goal reasonably likely to
	improve motorcycle safety in this state.
	(c)  To administer the grant program, the department shall
	prescribe:
	(1)  grant application procedures;
	(2)  guidelines relating to grant amounts; and
	(3)  criteria for evaluating grant applications.
	(d)  The department may only award a grant after consulting
	with the motorcycle safety advisory board regarding the grant
	application.
	SECTION 8.014.  Section 662.012, Transportation Code, is
	amended to read as follows:
	Sec. 662.012.  REPORTS. (a) The department [designated
	state agency] shall require each motorcycle school [provider of a
	motorcycle operator training and safety program] to compile and
	forward to the department [agency] each month a report on the
	school's [provider's] programs. The report must include:
	(1)  the number and types of courses provided in the
	reporting period;
	(2)  the number of persons who took each course in the
	reporting period;
	(3)  the number of instructors available to provide
	training under the school's [provider's] program in the reporting
	period;
	(4)  information collected by surveying persons taking
	each course as to the length of any waiting period the person
	experienced before being able to enroll in the course;
	(5)  the number of persons on a waiting list for a
	course at the end of the reporting period; and
	(6)  any other information the department [agency]
	reasonably requires.
	(b)  The department [designated state agency] shall maintain
	a compilation of the reports submitted under Subsection (a) on a
	by-site basis. The department [agency] shall update the
	compilation as soon as practicable after the beginning of each
	month.
	(c)  The department [designated state agency] shall provide
	without charge a copy of the most recent compilation under
	Subsection (b) to any member of the legislature on request.
	SECTION 8.015.  Chapter 662, Transportation Code, is amended
	by adding Section 662.013 to read as follows:
	Sec. 662.013.  RESEARCH, ADVOCACY, AND EDUCATION. The Texas
	A&M Transportation Institute, in consultation with the department,
	shall:
	(1)  research motorcycle safety in this state;
	(2)  provide advocacy on motorcycle safety issues in
	this state; and
	(3)  provide education to the public on motorcycle
	safety issues in this state.
	SECTION 8.016.  Section 663.001, Transportation Code, is
	amended by amending Subdivision (1-b) and adding Subdivisions (1-c)
	and (1-d) to read as follows:
	(1-b)  "Commission" means the Texas Commission of
	Licensing and Regulation.
	(1-c)  "Department" means the Texas Department of
	Licensing and Regulation.
	(1-d)  "Off-highway vehicle" means:
	(A)  an all-terrain vehicle or recreational
	off-highway vehicle, as those terms are defined by Section 502.001;
	or
	(B)  a utility vehicle.
	SECTION 8.017.  Section 663.011, Transportation Code, is
	amended to read as follows:
	Sec. 663.011.  ADMINISTRATION OF PROGRAM [DESIGNATED
	DIVISION OR STATE AGENCY]. The department [governor] shall
	[designate a division of the governor's office or a state agency to
	establish and] administer an off-highway vehicle operator
	education and certification program and enforce the laws governing
	the program.
	SECTION 8.018.  Section 663.013, Transportation Code, is
	amended to read as follows:
	Sec. 663.013.  PROGRAM STANDARDS [OFF-HIGHWAY VEHICLE
	SAFETY COORDINATOR]. (a) The department [designated division or
	state agency shall employ an off-highway vehicle safety
	coordinator.
	[(b)  The coordinator] shall supervise the off-highway
	vehicle operator education and certification program and shall
	determine:
	(1)  locations at which courses will be offered;
	(2)  fees for the courses;
	(3)  qualifications of instructors;
	(4)  course curriculum; and
	(5)  standards for operator safety certification.
	(b) [(c)]  In establishing standards for instructors,
	curriculum, and operator certification, the department
	[coordinator] shall consult and be guided by standards established
	by recognized off-highway vehicle safety organizations.
	SECTION 8.019.  Section 663.014, Transportation Code, is
	amended to read as follows:
	Sec. 663.014.  CONTRACTS. To administer the education
	program and certify off-highway vehicle operators, the department
	[designated division or state agency] may contract with nonprofit
	safety organizations, nonprofit educational organizations, or
	agencies of local governments.
	SECTION 8.020.  Section 663.015(a), Transportation Code, is
	amended to read as follows:
	(a)  If the department [off-highway vehicle safety
	coordinator] determines that vehicle operation is not feasible in a
	program component or at a particular program location, the operator
	education and certification program for persons who are at least 14
	years of age may use teaching or testing methods that do not involve
	the actual operation of an off-highway vehicle.
	SECTION 8.021.  Section 663.017, Transportation Code, is
	amended to read as follows:
	Sec. 663.017.  DENIAL, SUSPENSION, OR CANCELLATION OF
	APPROVAL. (a) The department [designated division or state
	agency] may deny, suspend, or cancel its approval for a program
	sponsor to conduct or for an instructor to teach a course offered
	under this chapter if the applicant, sponsor, or instructor:
	(1)  does not satisfy the requirements established
	under this chapter to receive or retain approval;
	(2)  permits fraud or engages in fraudulent practices
	with reference to an application to the department [division or
	agency];
	(3)  induces or countenances fraud or fraudulent
	practices by a person applying for a driver's license or permit;
	(4)  permits or engages in a fraudulent practice in an
	action between the applicant or license holder and the public; or
	(5)  fails to comply with rules of the department
	[division or agency].
	(b)  Before the department [designated division or agency]
	may deny, suspend, or cancel the approval of a program sponsor or an
	instructor, notice and opportunity for a hearing must be given as
	provided by:
	(1)  Chapter 2001, Government Code; and
	(2)  Chapter 53, Occupations Code.
	SECTION 8.022.  Section 663.018, Transportation Code, is
	amended to read as follows:
	Sec. 663.018.  RULES. The commission [designated division
	or state agency] may adopt rules to administer this chapter.
	SECTION 8.023.  Section 663.019, Transportation Code, is
	amended to read as follows:
	Sec. 663.019.  EXEMPTIONS. The commission [designated
	division or state agency] by rule may temporarily exempt the
	residents of any county from Section 663.015 or from Section
	663.031(a)(1) until the appropriate education and certification
	program is established at a location that is reasonably accessible
	to the residents of that county.
	SECTION 8.024.  Section 663.033(d), Transportation Code, is
	amended to read as follows:
	(d)  The department [coordinator] may exempt off-highway
	vehicles that are participating in certain competitive events from
	the requirements of this section.
	SECTION 8.025.  Section 663.037(e), Transportation Code, is
	amended to read as follows:
	(e)  The executive director of the department [Department of
	Public Safety] shall adopt standards and specifications that apply
	to the color, size, and mounting position of the flag required under
	Subsections (d)(2) and (g)(2).
	SECTION 8.026.  Sections 662.002(b), 662.004, and 662.007,
	Transportation Code, are repealed.
	SECTION 8.027.  (a) In this section:
	(1)  "Department" means the Department of Public
	Safety.
	(2)  "Program" means the motorcycle operator training
	and safety program established under Chapter 662, Transportation
	Code, as that chapter existed before the effective date of this Act.
	(b)  As soon as practicable after the effective date of this
	article and not later than August 31, 2019, the department shall
	dispose of motorcycles and other equipment related to the program
	that the department possesses or has leased to entities offering
	training under the program. The plan must conform with the
	requirements of Subsection (c) of this section.
	(c)  The department shall dispose of the motorcycles and
	other equipment related to the program in the following manner:
	(1)  the department shall provide to any entity to whom
	the department leased a motorcycle or other equipment related to
	the program a reasonable period determined by the department to
	purchase from the department or return the motorcycle or other
	equipment;
	(2)  after the expiration of the period described by
	Subdivision (1) of this subsection, the department shall:
	(A)  determine the need of the Texas Department of
	Licensing and Regulation, the Texas A&M Transportation Institute,
	and the Texas A&M Engineering Extension Service for motorcycles and
	other equipment necessary to provide motorcycle operator training
	for the instructors under the program; and
	(B)  subject to the need determined under
	Paragraph (A) of this subdivision and the availability of
	motorcycles and other equipment related to the program, transfer
	the motorcycles and equipment to the Texas Department of Licensing
	and Regulation, institute, or service under that paragraph, as
	applicable; and
	(3)  after the determination and any transfer under
	Subdivision (2) of this subsection, sell any remaining motorcycles
	and related equipment of the program in accordance with Chapter
	2175, Government Code.
	(d)  All revenue generated by the disposition of motorcycles
	and other equipment related to the program under this section shall
	be deposited in the motorcycle education fund account established
	under Section 662.011, Transportation Code.
	(e)  Not later than August 31, 2019, the department and the
	Texas Department of Licensing and Regulation shall enter into a
	memorandum of understanding regarding any property acquired by the
	department by lease or purchase using money from the motorcycle
	education fund account established under Section 662.011,
	Transportation Code, to ensure that the Department of Public Safety
	appropriately compensates the fund for those assets.
	SECTION 8.028.  (a) In this section:
	(1)  "Former administrator" means the Texas Department
	of Public Safety.
	(2)  "Licensing commission" means the Texas Commission
	of Licensing and Regulation.
	(3)  "Licensing department" means the Texas Department
	of Licensing and Regulation.
	(4)  "Program" means the:
	(A)  motorcycle operator training and safety
	program under Chapter 662, Transportation Code; and
	(B)  off-highway vehicle operator education and
	certification program under Chapter 663, Transportation Code.
	(b)  On September 1, 2019:
	(1)  all functions and activities related to the
	program performed by the former administrator immediately before
	that date are transferred to the licensing department;
	(2)  all rules, fees, policies, procedures, decisions,
	and forms related to the program adopted by the former
	administrator are continued in effect as rules, fees, policies,
	procedures, decisions, and forms of the licensing commission or the
	licensing department, as applicable, and remain in effect until
	amended or replaced by the licensing commission or licensing
	department;
	(3)  a complaint, investigation, contested case, or
	other proceeding related to the program before the former
	administrator that is pending on September 1, 2019, is transferred
	without change in status to the licensing department or the
	licensing commission, as appropriate;
	(4)  all money, contracts, leases, property, and
	obligations related to the program of the former administrator are
	transferred to the licensing department;
	(5)  all property related to the program in the custody
	of the former administrator is transferred to the licensing
	department; and
	(6)  the unexpended and unobligated balance of any
	money appropriated by the legislature for the former administrator
	for the purpose of administering the program is transferred to the
	licensing department.
	(c)  The former administrator shall provide the licensing
	department with access to any systems or information necessary for
	the department to accept the program transferred under this Act.
	(d)  A license or certificate issued by the former
	administrator is continued in effect as a license or certificate of
	the licensing department.
	(e)  On September 1, 2019, all full-time equivalent employee
	positions at the former administrator that primarily concern the
	administration or enforcement of the program become positions at
	the licensing department.
	SECTION 8.029.  (a) Except as provided by Subsection (b) of
	this section, this article takes effect September 1, 2019.
	(b)  Section 8.027 of 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, Section 8.027 takes effect on the 91st day after
	the last day of the legislative session.
	ARTICLE 9. EFFECTIVE DATE
	SECTION 9.001.  Except as otherwise provided by this Act,
	this Act takes effect September 1, 2019.