Bill Text: TX SB1771 | 2021-2022 | 87th Legislature | Introduced

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Bill Title: Relating to the assumption by the office of the secretary of state of the powers and duties relating to driver's licenses, personal identification certificates, and other related programs, powers, and duties and to the provision of some of those services by certain vendors; authorizing a fee.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-03-26 - Referred to State Affairs [SB1771 Detail]

Download: Texas-2021-SB1771-Introduced.html

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87R4841 CXP-D
By: Paxton S.B. No. 1771

A BILL TO BE ENTITLED
AN ACT
relating to the assumption by the office of the secretary of state
of the powers and duties relating to driver's licenses, personal
identification certificates, and other related programs, powers,
and duties and to the provision of some of those services by certain
vendors; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 192.005, Transportation Code, is amended
to read as follows:
Sec. 192.005. RECORD OF ACCIDENT OR VIOLATION. If a person
operating a railroad locomotive or train is involved in an accident
with another train or a motor vehicle or is arrested for violation
of a law relating to the person's operation of a railroad locomotive
or train:
(1) the number of or other identifying information on
the person's driver's license or commercial driver's license may not
be included in any report of the accident or violation; and
(2) the person's involvement in the accident or
violation may not be recorded in the person's individual driving
record maintained by the office [Department] of the secretary of
state [Public Safety].
SECTION 2. Section 201.806(b), Transportation Code, is
amended to read as follows:
(b) The department shall provide electronic access to the
system containing the accident reports so that the office
[Department] of the secretary of state [Public Safety] can perform
its duties, including the duty to make timely entries on driver
records.
SECTION 3. Sections 502.357(b), (c), and (d),
Transportation Code, are amended to read as follows:
(b) Fees collected under this section shall be deposited to
the credit of the state highway fund except that the comptroller
shall provide for a portion of the fees to be deposited first to the
credit of a special fund in the state treasury outside the general
revenue fund to be known as the TexasSure Fund in a total amount
that is necessary to cover the total amount appropriated to the
Texas Department of Insurance from that fund and for the remaining
fees to be deposited to the state highway fund. Subject to
appropriations, the money deposited to the credit of the state
highway fund under this section may be used by the office of the
secretary of state [Department of Public Safety] to:
(1) support the office of the secretary of state's
[Department of Public Safety's] reengineering of the driver's
license system to provide for the issuance by the office of the
secretary of state [Department of Public Safety] of a driver's
license or personal identification certificate, to include use of
image comparison technology; and
(2) make lease payments to the master lease purchase
program for the financing of the driver's license reengineering
project.
(c) Subject to appropriation, fees collected under this
section may be used by the office of the secretary of state
[Department of Public Safety], the Texas Department of Insurance,
the Department of Information Resources, and the department to
carry out Subchapter N, Chapter 601.
(d) The office of the secretary of state [Department of
Public Safety], the Texas Department of Insurance, the Department
of Information Resources, and the department shall jointly adopt
rules and develop forms necessary to administer this section.
SECTION 4. Sections 521.001(a)(1-a) and (2),
Transportation Code, are amended to read as follows:
(1-a) "Department" means the office [Department] of
the secretary of state [Public Safety].
(2) "Director" means the secretary of state [public
safety director].
SECTION 5. Section 521.009, Transportation Code, is amended
by amending Subsections (a), (a-1), (b), and (c) and adding
Subsections (a-2), (e-1), (e-2), and (g) to read as follows:
(a) The department may establish a program for the provision
of renewal and duplicate driver's license, election identification
certificate, and personal identification certificate services by
[in] counties, [and] municipalities, and vendors that enter into an
agreement with the department under Subsection (a-1).
(a-1) Under the program, the department may enter into an
agreement with the commissioners court of a county, [or] the
governing body of a municipality, or a vendor, subject to
Subsection (a-2), to permit county, [or] municipal, or vendor
employees to provide services at a county or municipal office or at
a location determined by the vendor relating to the issuance of
renewal and duplicate driver's licenses, election identification
certificates, and personal identification certificates, including:
(1) taking photographs;
(2) administering vision tests;
(3) updating a driver's license, election
identification certificate, or personal identification certificate
to change a name, address, or photograph;
(4) distributing and collecting information relating
to donations under Section 521.401;
(5) collecting fees; and
(6) performing other basic ministerial functions and
tasks necessary to issue renewal and duplicate driver's licenses,
election identification certificates, and personal identification
certificates.
(a-2) The department may enter into an agreement with a
vendor under Subsection (a-1) only if the vendor:
(1) is a driver education school authorized under
Section 521.165(e) to administer the examination required by
Section 521.161(b)(2); or
(2) otherwise performs customer service functions for
the public.
(b) An agreement under Subsection (a-1) may not include the
administration of [training to administer] an examination for
driver's license applicants under Subchapter H unless the agreement
is with a driver education school described by Subsection (a-2)(1).
(c) A participating county, [or] municipality, or vendor
must remit to the department for deposit as required by this chapter
fees collected for the issuance of a renewal or duplicate driver's
license or personal identification certificate.
(e-1) An agreement under Subsection (a-1) with a vendor must
require the vendor to:
(1) comply with training requirements developed by the
department under Subsection (e-2);
(2) agree to serve as a voter registration agency in a
manner that ensures compliance with federal law; and
(3) comply with the same privacy and information
security standards required of the department, including standards
required under:
(A) this chapter;
(B) Chapter 2054, Government Code;
(C) Chapter 2059, Government Code; or
(D) other law.
(e-2) The department shall develop training requirements
for a vendor relating to the services provided by the vendor under
this section.
(g) The department may perform periodic audits of a vendor
that has entered into an agreement with the department under
Subsection (a-1) to ensure compliance with this section, the
agreement entered into under this section, and any rules adopted by
the department under this section.
SECTION 6. Section 521.044(a), Transportation Code, is
amended to read as follows:
(a) Information provided on a driver's license or personal
identification certificate application that relates to the
applicant's social security number may be used only by the
department or disclosed only to:
(1) the child support enforcement division of the
attorney general's office;
(2) another state entity responsible for enforcing the
payment of child support;
(3) the United States Selective Service System as
provided by Section 521.147;
(4) the unclaimed property division of the
comptroller's office;
(5) the Health and Human Services Commission; or
(6) [the secretary of state for the purposes of voter
registration or the administration of elections; or
[(7)] an agency of another state responsible for
issuing driver's licenses or identification documents.
SECTION 7. Section 521.044(c)(1), Transportation Code, is
amended to read as follows:
(1) On the request of a state entity responsible for
investigating or enforcing the payment of child support [or the
secretary of state], the department shall disclose information
regarding an applicant's social security number.
SECTION 8. Subchapter C, Chapter 521, Transportation Code,
is amended by adding Section 521.064 to read as follows:
Sec. 521.064. REPRODUCTION OF RECORDS. (a) Except as
provided by Subsection (b), the department may photograph,
microphotograph, or film any record in connection with the issuance
of a driver's license or commercial driver's license.
(b) An original fingerprint card may not be photographed or
filmed to dispose of the original record.
(c) The department may create original records in
micrographic form on media, such as computer output microfilm.
(d) A photograph, microphotograph, or film of a record
reproduced under Subsection (a) is equivalent to the original
record for all purposes, including introduction as evidence in all
courts and administrative agency proceedings. A certified or
authenticated copy of such a photograph, microphotograph, or film
is admissible as evidence equally with the original photograph,
microphotograph, or film.
(e) The director or an authorized representative may
certify the authenticity of a photograph, microphotograph, or film
of a record reproduced under this section and shall charge a fee for
the certified photograph, microphotograph, or film as provided by
law.
(f) Certified records shall be furnished to any person who
is authorized by law to receive them.
SECTION 9. Section 521.103, Transportation Code, is amended
by adding Subsection (d) to read as follows:
(d) The Department of Public Safety may access any
photograph of a person described by Subsection (a) that is made
available to the department through the process of issuing a
personal identification certificate under this section, including
a renewal, duplicate, or corrected certificate, for use by the
Department of Public Safety for purposes of Article 62.005(c), Code
of Criminal Procedure.
SECTION 10. Section 521.247, Transportation Code, is
amended to read as follows:
Sec. 521.247. APPROVAL OF IGNITION INTERLOCK DEVICES BY
DEPARTMENT OF PUBLIC SAFETY. (a) The Department of Public Safety
[department] shall adopt rules for the approval of ignition
interlock devices used under this subchapter.
(b) The Department of Public Safety [department] by rule
shall establish general standards for the calibration and
maintenance of the devices. The manufacturer or an authorized
representative of the manufacturer is responsible for calibrating
and maintaining the device.
(c) If the Department of Public Safety [department]
approves a device, the Department of Public Safety [department]
shall notify the manufacturer of that approval in writing. Written
notice from the Department of Public Safety [department] to a
manufacturer is admissible in a civil or criminal proceeding in
this state. The manufacturer shall reimburse the Department of
Public Safety [department] for any cost incurred by the Department
of Public Safety [department] in approving the device.
(d) The Department of Public Safety [department] is not
liable in a civil or criminal proceeding that arises from the use of
an approved device.
SECTION 11. Section 521.2475, Transportation Code, is
amended to read as follows:
Sec. 521.2475. IGNITION INTERLOCK DEVICE EVALUATION. (a)
On January 1 of each year, the Department of Public Safety
[department] shall issue an evaluation of each ignition interlock
device approved under Section 521.247 using guidelines established
by the National Highway Traffic Safety Administration, including:
(1) whether the device provides accurate detection of
alveolar air;
(2) the moving retest abilities of the device;
(3) the use of tamper-proof blood alcohol content
level software by the device;
(4) the anticircumvention design of the device;
(5) the recalibration requirements of the device; and
(6) the breath action required by the operator.
(b) The Department of Public Safety [department] shall
assess the cost of preparing the evaluation equally against each
manufacturer of an approved device.
SECTION 12. Sections 521.2476(a), (b), (c), and (d),
Transportation Code, are amended to read as follows:
(a) The Department of Public Safety [department] by rule
shall establish:
(1) minimum standards for vendors of ignition
interlock devices who conduct business in this state; and
(2) procedures to ensure compliance with those
standards, including procedures for the inspection of a vendor's
facilities.
(b) The minimum standards shall require each vendor to:
(1) be authorized by the Department of Public Safety
[department] to do business in this state;
(2) install a device only if the device is approved
under Section 521.247;
(3) obtain liability insurance providing coverage for
damages arising out of the operation or use of devices in amounts
and under the terms specified by the Department of Public Safety
[department];
(4) install the device and activate any
anticircumvention feature of the device within a reasonable time
after the vendor receives notice that installation is ordered by a
court;
(5) install and inspect the device in accordance with
any applicable court order;
(6) repair or replace a device not later than 48 hours
after receiving notice of a complaint regarding the operation of
the device;
(7) submit a written report of any violation of a court
order to that court and to the person's supervising officer, if any,
not later than 48 hours after the vendor discovers the violation;
(8) maintain a record of each action taken by the
vendor with respect to each device installed by the vendor,
including each action taken as a result of an attempt to circumvent
the device, until at least the fifth anniversary after the date of
installation;
(9) make a copy of the record available for inspection
by or send a copy of the record to any court, supervising officer,
or the Department of Public Safety [department] on request; and
(10) annually provide to the Department of Public
Safety [department] a written report of each service and ignition
interlock device feature made available by the vendor.
(c) The Department of Public Safety [department] may revoke
its [the department's] authorization for a vendor to do business in
this state if the vendor or an officer or employee of the vendor
violates:
(1) any law of this state that applies to the vendor;
or
(2) any rule adopted by the Department of Public
Safety [department] under this section or another law that applies
to the vendor.
(d) A vendor shall reimburse the Department of Public Safety
[department] for the reasonable cost of conducting each inspection
of the vendor's facilities under this section.
SECTION 13. Section 521.272, Transportation Code, is
amended by adding Subsection (e) to read as follows:
(e) The Department of Public Safety may access any
photograph of a person described by Subsection (a) that is made
available to the department through the process of issuing a
driver's license under this section, including a renewal,
duplicate, or corrected license, for use by the Department of
Public Safety for purposes of Article 62.005(c), Code of Criminal
Procedure.
SECTION 14. Section 521.428, Transportation Code, is
amended to read as follows:
Sec. 521.428. COUNTY, [OR] MUNICIPAL, OR VENDOR FEE. (a) A
county, [or] municipality, or vendor that provides services under
an agreement described by Section 521.009 may collect an additional
fee of up to $5 for each transaction provided that relates to
driver's license and personal identification certificate services
only.
(b) No portion of a fee authorized under this section may be
charged for performing a function in connection with voter
registration.
SECTION 15. Sections 521A.001(a), (b), (e), (f), (g), and
(h), Transportation Code, are amended to read as follows:
(a) The office of the secretary of state [department] shall
issue an election identification certificate to a person who states
that the person is obtaining the certificate for the purpose of
satisfying Section 63.001(b), Election Code, and does not have
another form of identification described by Section 63.0101(a),
Election Code, and:
(1) who is a registered voter in this state and
presents a valid voter registration certificate; or
(2) who is eligible for registration under Section
13.001, Election Code, and submits a registration application to
the department.
(b) The office of the secretary of state [department] may
not collect a fee for an election identification certificate or a
duplicate election identification certificate issued under this
section.
(e) An election identification certificate must be similar
in form to, but distinguishable in color from, a driver's license
and a personal identification certificate. [The department may
cooperate with the secretary of state in developing the form and
appearance of an election identification certificate.]
(f) The office of the secretary of state [department] may
require each applicant for an original or renewal election
identification certificate to furnish to the office [department]
the information required by Section 521.142.
(g) The office of the secretary of state [department] may
cancel and require surrender of an election identification
certificate after determining that the holder was not entitled to
the certificate or gave incorrect or incomplete information in the
application for the certificate.
(h) A certificate expires on a date specified by the office
of the secretary of state [department], except that a certificate
issued to a person 70 years of age or older does not expire.
SECTION 16. Section 522.003(8), Transportation Code, is
amended to read as follows:
(8) "Department" means the office [Department] of the
secretary of state [Public Safety].
SECTION 17. Section 522.007, Transportation Code, is
amended to read as follows:
Sec. 522.007. EXEMPTION FOR NEIGHBORING STATES. (a) The
secretary of state [public safety director] shall enter
negotiations with an appropriate person or entity of a state
bordering this state for the purpose of applying the exemption
contained in Section 522.004(a)(1) to residents of that state.
(b) The secretary of state [public safety director] may
enter an agreement to apply the exemption contained in Section
522.004(a)(1) to residents of a bordering state only if that state
extends a similar exemption to residents of this state.
SECTION 18. Section 522.152(d), Transportation Code, is
amended to read as follows:
(d) The organization shall submit an annual report to the
secretary [director] of state [the department] that includes the
total dollar amount of contributions received by the organization
under this section.
SECTION 19. Sections 523.003(2) and (5), Transportation
Code, are amended to read as follows:
(2) "Executive director" means the secretary
[director] of state [the Department of Public Safety] or the
equivalent officer of another state.
(5) "Licensing authority" means the office
[Department] of the secretary of state [Public Safety] or the
equivalent agency of another state.
SECTION 20. Sections 524.001(8) and (9), Transportation
Code, are amended to read as follows:
(8) "Department" means the office [Department] of the
secretary of state [Public Safety].
(9) "Director" means the secretary [public safety
director] of state [the department].
SECTION 21. Section 525.001(b), Transportation Code, is
amended to read as follows:
(b) The office [Department] of the secretary of state
[Public Safety] shall include motorcycle and bicycle awareness
information in [any edition of] the Texas driver's handbook
[published after the department exhausts the supply of the handbook
that the department had on September 1, 1993].
SECTION 22. Section 542.304(a), Transportation Code, is
amended to read as follows:
(a) The department by rule shall designate the offenses
involving the operation of a motor vehicle that constitute a moving
violation of the traffic law for the purposes of:
(1) [Article 102.022(a), Code of Criminal Procedure;
[(2)] Section 1001.112(a-2), Education Code;
(2) [(3)] Section 411.110(f), Government Code; and
(3) [(4)] Sections 773.0614(b) and 773.06141(a),
Health and Safety Code.
SECTION 23. Section 543.112(b), Transportation Code, is
amended to read as follows:
(b) The uniform certificate of course completion must
include an identifying number by which the Texas Department of
Licensing and Regulation, the court, [or] the department, or the
office of the secretary of state may verify its authenticity with
the course provider and must be in a form adopted by the Texas
Department of Licensing and Regulation.
SECTION 24. Section 601.002(1), Transportation Code, is
amended to read as follows:
(1) "Department" means the office [Department] of the
secretary of state [Public Safety].
SECTION 25. Subchapter A, Chapter 601, Transportation Code,
is amended by adding Section 601.010 to read as follows:
Sec. 601.010. ACCESS TO RECORDS BY DEPARTMENT OF PUBLIC
SAFETY. The Department of Public Safety may access the
department's records relating to the suspension of a driver's
license and vehicle registration under this chapter.
SECTION 26. Section 601.233(a), Transportation Code, is
amended to read as follows:
(a) A citation for an offense under Section 601.191 issued
as a result of Section 601.053 must include, in type larger than
other type on the citation, the following statement:
"A second or subsequent conviction of an offense under the Texas
Motor Vehicle Safety Responsibility Act will result in the
suspension of your driver's license and motor vehicle registration
unless you file and maintain evidence of financial responsibility
with the office [Department] of the secretary of state [Public
Safety] for two years from the date of conviction. The office
[department] may waive the requirement to file evidence of
financial responsibility if you file satisfactory evidence with the
office [department] showing that at the time this citation was
issued, the vehicle was covered by a motor vehicle liability
insurance policy or that you were otherwise exempt from the
requirements to provide evidence of financial responsibility."
SECTION 27. Sections 643.253(g) and (h), Transportation
Code, are amended to read as follows:
(g) As soon as practicable after the date a person is
convicted of an offense under Subsection (b), the convicting court
shall notify the office of the secretary of state [Department of
Public Safety] of the conviction. The notice must be in a form
prescribed by the office of the secretary of state [Department of
Public Safety] and must contain the person's driver's license
number.
(h) A conviction under Subsection (b) shall be recorded in
the person's driving record maintained by the office of the
secretary of state [Department of Public Safety].
SECTION 28. Section 662.011(a), Transportation Code, is
amended to read as follows:
(a) Of each fee collected under Sections 521.421(b) and (g)
and Sections 522.029(f) and (g), the office [Department] of the
secretary of state [Public Safety] shall send $5 to the comptroller
for deposit to the credit of the motorcycle education fund account.
SECTION 29. Section 703.001(2), Transportation Code, is
amended to read as follows:
(2) "Department" and "licensing authority" mean the
office [Department] of the secretary of state [Public Safety].
SECTION 30. Section 706.001(2), Transportation Code, is
amended to read as follows:
(2) "Department" means the office [Department] of the
secretary of state [Public Safety].
SECTION 31. Section 706.008(c), Transportation Code, is
amended to read as follows:
(c) Except for an action based on a citation issued by a
peace officer employed by the Department of Public Safety
[department], the vendor may not be compensated with state money.
SECTION 32. Section 724.001(7), Transportation Code, is
amended to read as follows:
(7) "Department" means the office [Department] of the
secretary of state [Public Safety].
SECTION 33. Section 724.016, Transportation Code, is
amended to read as follows:
Sec. 724.016. BREATH SPECIMEN. (a) A breath specimen taken
at the request or order of a peace officer must be taken and
analyzed under rules of the Department of Public Safety
[department] by an individual possessing a certificate issued by
the Department of Public Safety [department] certifying that the
individual is qualified to perform the analysis.
(b) The Department of Public Safety [department] may:
(1) adopt rules approving satisfactory analytical
methods; and
(2) ascertain the qualifications of an individual to
perform the analysis.
(c) The Department of Public Safety [department] may revoke
a certificate for cause.
SECTION 34. Sections 724.032(a) and (b), Transportation
Code, are amended to read as follows:
(a) If a person refuses to submit to the taking of a
specimen, whether expressly or because of an intentional failure of
the person to give the specimen, the peace officer shall:
(1) serve notice of license suspension or denial on
the person;
(2) take possession of any license issued by this
state and held by the person arrested;
(3) issue a temporary driving permit to the person
unless department records show or the officer otherwise determines
that the person does not hold a license to operate a motor vehicle
in this state; and
(4) make a written report of the refusal to the
secretary of state [director of the department].
(b) The secretary of state [director] must approve the form
of the refusal report. The report must:
(1) show the grounds for the officer's belief that the
person had been operating a motor vehicle or watercraft powered
with an engine having a manufacturer's rating of 50 horsepower or
above while intoxicated; and
(2) contain a copy of:
(A) the refusal statement requested under
Section 724.031; or
(B) a statement signed by the officer that the
person refused to:
(i) submit to the taking of the requested
specimen; and
(ii) sign the requested statement under
Section 724.031.
SECTION 35. Subchapter C, Chapter 724, Transportation Code,
is amended by adding Section 724.0345 to read as follows:
Sec. 724.0345. ACCESS TO RECORDS BY DEPARTMENT OF PUBLIC
SAFETY. The Department of Public Safety may access the
department's records relating to the suspension or denial of a
driver's license.
SECTION 36. Section 106.03(b), Alcoholic Beverage Code, is
amended to read as follows:
(b) A person who sells a minor an alcoholic beverage does
not commit an offense if the minor falsely represents himself to be
21 years old or older by displaying an apparently valid proof of
identification that contains a physical description and photograph
consistent with the minor's appearance, purports to establish that
the minor is 21 years of age or older, and was issued by a
governmental agency. The proof of identification may include a
driver's license or identification card issued by the office
[Department] of the secretary of state [Public Safety], a passport,
or a military identification card.
SECTION 37. Section 106.06(d), Alcoholic Beverage Code, is
amended to read as follows:
(d) A judge, acting under Chapter 42A, Code of Criminal
Procedure, who places a defendant charged with an offense under
this section on community supervision under that chapter shall, if
the defendant committed the offense at a gathering where
participants were involved in the abuse of alcohol, including binge
drinking or forcing or coercing individuals to consume alcohol, in
addition to any other condition imposed by the judge:
(1) require the defendant to:
(A) perform community service for not less than
20 or more than 40 hours; and
(B) attend an alcohol awareness program approved
under Section 106.115; and
(2) order the office [Department] of the secretary of
state [Public Safety] to suspend the driver's license or permit of
the defendant or, if the defendant does not have a driver's license
or permit, to deny the issuance of a driver's license or permit to
the defendant for 180 days.
SECTION 38. Section 106.071(d), Alcoholic Beverage Code, is
amended to read as follows:
(d) In addition to any fine and any order issued under
Section 106.115:
(1) the court shall order a minor placed on deferred
disposition for or convicted of an offense to which this section
applies to perform community service for:
(A) not less than eight or more than 12 hours, if
the minor has not been previously convicted of an offense to which
this section applies; or
(B) not less than 20 or more than 40 hours, if the
minor has been previously convicted once of an offense to which this
section applies; and
(2) the court shall order the office [Department] of
the secretary of state [Public Safety] to suspend the driver's
license or permit of a minor convicted of an offense to which this
section applies or, if the minor does not have a driver's license or
permit, to deny the issuance of a driver's license or permit for:
(A) 30 days, if the minor has not been previously
convicted of an offense to which this section applies;
(B) 60 days, if the minor has been previously
convicted once of an offense to which this section applies; or
(C) 180 days, if the minor has been previously
convicted twice or more of an offense to which this section applies.
SECTION 39. Sections 106.115(b-2), (d), and (e), Alcoholic
Beverage Code, are amended to read as follows:
(b-2) For purposes of Subsection (b-1), if the defendant is
enrolled in an institution of higher education located in a county
in which access to an alcohol awareness program is readily
available, the court may consider the defendant to be a resident of
that county. If the defendant is not enrolled in such an
institution of higher education or if the court does not consider
the defendant to be a resident of the county in which the
institution is located, the defendant's residence is the residence
listed on the defendant's driver's license or personal
identification certificate issued by the office [Department] of the
secretary of state [Public Safety]. If the defendant does not have
a driver's license or personal identification certificate issued by
the office [Department] of the secretary of state [Public Safety],
the defendant's residence is the residence on the defendant's voter
registration certificate. If the defendant is not registered to
vote, the defendant's residence is the residence on file with the
public school district on which the defendant's enrollment is
based. If the defendant is not enrolled in public school, the
defendant's residence is determined as provided by commission rule.
(d) If the defendant does not present the required evidence
within the prescribed period, the court:
(1) shall order the office [Department] of the
secretary of state [Public Safety] to:
(A) suspend the defendant's driver's license or
permit for a period not to exceed six months or, if the defendant
does not have a license or permit, to deny the issuance of a license
or permit to the defendant for that period; or
(B) if the defendant has been previously
convicted of an offense under one or more of the sections listed in
Subsection (a), suspend the defendant's driver's license or permit
for a period not to exceed one year or, if the defendant does not
have a license or permit, to deny the issuance of a license or
permit to the defendant for that period; and
(2) may order the defendant or the parent, managing
conservator, or guardian of the defendant to do any act or refrain
from doing any act if the court determines that doing the act or
refraining from doing the act will increase the likelihood that the
defendant will present evidence to the court that the defendant has
satisfactorily completed an alcohol awareness program or performed
the required hours of community service.
(e) The office [Department] of the secretary of state
[Public Safety] shall send notice of the suspension or prohibition
order issued under Subsection (d) by first class mail to the
defendant. The notice must include the date of the suspension or
prohibition order, the reason for the suspension or prohibition,
and the period covered by the suspension or prohibition.
SECTION 40. Section 106.15(e), Alcoholic Beverage Code, is
amended to read as follows:
(e) A person does not commit an offense under Subsection (a)
if the person younger than 18 years of age falsely represents the
person's age to be at least 18 years of age by displaying an
apparently valid Texas driver's license or an identification card
issued by the office [Department] of the secretary of state [Public
Safety] containing a physical description consistent with the
person's appearance.
SECTION 41. Section 20.23(b), Business & Commerce Code, is
amended to read as follows:
(b) Information or documentation that identifies a
protected consumer or a representative of a protected consumer is
considered sufficient proof of identity for purposes of this
subchapter, including:
(1) a social security number or a copy of the social
security card issued by the United States Social Security
Administration;
(2) a certified or official copy of a birth
certificate issued by the entity authorized to issue the birth
certificate;
(3) a copy of a driver's license or identification card
issued by the office [Department] of the secretary of state [Public
Safety]; or
(4) any other government-issued identification.
SECTION 42. Article 42.016, Code of Criminal Procedure, is
amended to read as follows:
Art. 42.016. SPECIAL DRIVER'S LICENSE OR IDENTIFICATION
REQUIREMENTS FOR CERTAIN SEX OFFENDERS. If a person is convicted
of, receives a grant of deferred adjudication for, or is
adjudicated as having engaged in delinquent conduct based on a
violation of an offense for which a conviction or adjudication
requires registration as a sex offender under Chapter 62, the court
shall:
(1) issue an order requiring the office [Texas
Department] of the secretary of state [Public Safety] to include in
any driver's license record or personal identification certificate
record maintained by the office [department] for the person an
indication that the person is subject to the registration
requirements of Chapter 62;
(2) require the person to apply to the office [Texas
Department] of the secretary of state [Public Safety] in person for
an original or renewal driver's license or personal identification
certificate not later than the 30th day after the date the person is
released or the date the office [department] sends written notice
to the person of the requirements of Article 62.060, as applicable,
and to annually renew the license or certificate;
(3) notify the person of the consequence of the
conviction or order of deferred adjudication as it relates to the
order issued under this article; and
(4) send to the office [Texas Department] of the
secretary of state [Public Safety] a copy of the record of
conviction, a copy of the order granting deferred adjudication, or
a copy of the juvenile adjudication, as applicable, and a copy of
the order issued under this article.
SECTION 43. Article 42A.403(a), Code of Criminal Procedure,
is amended to read as follows:
(a) A judge who places on community supervision a defendant
convicted of an offense under Sections 49.04-49.08, Penal Code,
shall require as a condition of community supervision that the
defendant attend and successfully complete, before the 181st day
after the date community supervision is granted, an educational
program designed to rehabilitate persons who have driven while
intoxicated that is jointly approved by:
(1) the Texas Department of Licensing and Regulation;
(2) the office [Department] of the secretary of state
[Public Safety];
(3) the traffic safety section of the traffic
operations division of the Texas Department of Transportation; and
(4) the community justice assistance division of the
Texas Department of Criminal Justice.
SECTION 44. Article 42A.406, Code of Criminal Procedure, is
amended to read as follows:
Art. 42A.406. EFFECT OF EDUCATIONAL PROGRAM REQUIREMENTS ON
DRIVING RECORD AND LICENSE. (a) If a defendant is required as a
condition of community supervision to attend an educational program
under Article 42A.403 or 42A.404, or if the court waives the
educational program requirement under Article 42A.403 or the
defendant successfully completes equivalent education under
Article 42A.4045, the court clerk shall immediately report that
fact to the office [Department] of the secretary of state [Public
Safety], on a form prescribed by the office [department], for
inclusion in the defendant's driving record. If the court grants an
extension of time in which the defendant may complete the
educational program under Article 42A.403, the court clerk shall
immediately report that fact to the office [Department] of the
secretary of state [Public Safety] on a form prescribed by the
office [department]. The clerk's report under this subsection must
include the beginning date of the defendant's community
supervision.
(b) On the defendant's successful completion of an
educational program under Article 42A.403 or 42A.404, the
defendant's instructor shall give notice to the office [Department]
of the secretary of state [Public Safety] for inclusion in the
defendant's driving record and to the community supervision and
corrections department. The community supervision and corrections
department shall forward the notice to the court clerk for filing.
(c) [(b-1)] Upon release from a residential treatment
facility at which the person successfully completed equivalent
education under Article 42A.4045, at the request of the court
clerk, the director of the residential treatment facility shall
give notice to the office [Department] of the secretary of state
[Public Safety] for inclusion in the person's driving record.
(d) [(c)] If the office [Department] of the secretary of
state [Public Safety] does not receive notice that a defendant
required to complete an educational program has successfully
completed the program within the period required by the judge under
this subchapter, as shown on office [department] records, the
office [department], as provided by Sections 521.344(e) and (f),
Transportation Code, shall:
(1) revoke the defendant's driver's license; or
(2) prohibit the defendant from obtaining a license.
(e) [(d)] The office [Department] of the secretary of state
[Public Safety] may not reinstate a license revoked under
Subsection (d) [(c)] as the result of an educational program
requirement imposed under Article 42A.403 unless the defendant
whose license was revoked applies to the office [department] for
reinstatement of the license and pays to the office [department] a
reinstatement fee of $100. The office [Department] of the
secretary of state [Public Safety] shall remit all fees collected
under this subsection to the comptroller for deposit in the general
revenue fund.
SECTION 45. Articles 42A.407(c) and (e), Code of Criminal
Procedure, are amended to read as follows:
(c) If the office [Department] of the secretary of state
[Public Safety] receives notice that a defendant has been required
to attend a subsequent educational program under Article 42A.403 or
42A.404, although the previously required attendance had been
waived, but the judge has not ordered a period of suspension, the
office [department] shall:
(1) suspend the defendant's driver's license; or
(2) issue an order prohibiting the defendant from
obtaining a license for a period of one year.
(e) The suspension of a defendant's driver's license under
Subsection (d) shall be reported to the office [Department] of the
secretary of state [Public Safety] as provided under Section
521.347, Transportation Code.
SECTION 46. Articles 45.050(c) and (f), Code of Criminal
Procedure, are amended to read as follows:
(c) If a child fails to obey an order of a justice or
municipal court under circumstances that would constitute contempt
of court, the justice or municipal court, after providing notice
and an opportunity to be heard, may:
(1) refer the child to the appropriate juvenile court
for delinquent conduct for contempt of the justice or municipal
court order; or
(2) retain jurisdiction of the case, hold the child in
contempt of the justice or municipal court, and order either or both
of the following:
(A) that the contemnor pay a fine not to exceed
$500; or
(B) that the office [Department] of the secretary
of state [Public Safety] suspend the contemnor's driver's license
or permit or, if the contemnor does not have a license or permit, to
deny the issuance of a license or permit to the contemnor until the
contemnor fully complies with the orders of the court.
(f) A court that orders suspension or denial of a driver's
license or permit under Subsection (c)(2)(B) shall notify the
office [Department] of the secretary of state [Public Safety] on
receiving proof of compliance with the orders of the court.
SECTION 47. Articles 45.051(b-1) and (b-3), Code of
Criminal Procedure, are amended to read as follows:
(b-1) If the defendant is younger than 25 years of age and
the offense committed by the defendant is a traffic offense
classified as a moving violation:
(1) Subsection (b)(8) does not apply;
(2) during the deferral period, the judge:
(A) shall require the defendant to complete a
driving safety course approved under Chapter 1001, Education Code;
and
(B) may require the defendant to complete an
additional driving safety course designed for drivers younger than
25 years of age and approved under Section 1001.111, Education
Code; and
(3) if the defendant holds a provisional license,
during the deferral period the judge shall require that the
defendant be examined by the office [Department] of the secretary
of state [Public Safety] as required by Section 521.161(b)(2),
Transportation Code; a defendant is not exempt from the examination
regardless of whether the defendant was examined previously.
(b-3) The reimbursement fee collected under Subsection
(b-2) must be deposited to the credit of a special account in the
general revenue fund and may be used only by the office [Department]
of the secretary of state [Public Safety] for the administration of
Chapter 521, Transportation Code.
SECTION 48. Articles 45.0511(c), (c-1), and (l), Code of
Criminal Procedure, are amended to read as follows:
(c) The court shall enter judgment on the defendant's plea
of no contest or guilty at the time the plea is made, defer
imposition of the judgment, and allow the defendant 90 days to
successfully complete the approved driving safety course or
motorcycle operator training course and present to the court:
(1) a uniform certificate of completion of the driving
safety course or a verification of completion of the motorcycle
operator training course;
(2) unless the judge proceeds under Subsection (c-1),
the defendant's driving record as maintained by the office
[Department] of the secretary of state [Public Safety], if any,
showing that the defendant had not completed an approved driving
safety course or motorcycle operator training course, as
applicable, within the 12 months preceding the date of the offense;
(3) an affidavit stating that the defendant was not
taking a driving safety course or motorcycle operator training
course, as applicable, under this article on the date the request to
take the course was made and had not completed such a course that is
not shown on the defendant's driving record within the 12 months
preceding the date of the offense; and
(4) if the defendant does not have a valid Texas
driver's license or permit and is a member, or the spouse or
dependent child of a member, of the United States military forces
serving on active duty, an affidavit stating that the defendant was
not taking a driving safety course or motorcycle operator training
course, as appropriate, in another state on the date the request to
take the course was made and had not completed such a course within
the 12 months preceding the date of the offense.
(c-1) In this subsection, "state electronic Internet
portal" has the meaning assigned by Section 2054.003, Government
Code. As an alternative to receiving the defendant's driving
record under Subsection (c)(2), the judge, at the time the
defendant requests a driving safety course or motorcycle operator
training course dismissal under this article, may require the
defendant to pay a reimbursement fee in an amount equal to the sum
of the amount of the fee established by Section 521.048,
Transportation Code, and the state electronic Internet portal fee
and, using the state electronic Internet portal, may request the
office [Texas Department] of the secretary of state [Public Safety]
to provide the judge with a copy of the defendant's driving record
that shows the information described by Section 521.047(b),
Transportation Code. As soon as practicable and using the state
electronic Internet portal, the office [Texas Department] of the
secretary of state [Public Safety] shall provide the judge with the
requested copy of the defendant's driving record. The
reimbursement fee authorized by this subsection is in addition to
any other fee required under this article. If the copy of the
defendant's driving record provided to the judge under this
subsection shows that the defendant has not completed an approved
driving safety course or motorcycle operator training course, as
appropriate, within the 12 months preceding the date of the
offense, the judge shall allow the defendant to complete the
appropriate course as provided by this article. The custodian of a
municipal or county treasury who receives reimbursement fees
collected under this subsection shall keep a record of the fees and,
without deduction or proration, forward the fees to the
comptroller, with and in the manner required for other fees and
costs received in connection with criminal cases. The comptroller
shall credit fees received under this subsection to the office
[Texas Department] of the secretary of state [Public Safety].
(l) When a defendant complies with Subsection (c), the court
shall:
(1) remove the judgment and dismiss the charge;
(2) report the fact that the defendant successfully
completed a driving safety course or a motorcycle operator training
course and the date of completion to the office [Texas Department]
of the secretary of state [Public Safety] for inclusion in the
person's driving record; and
(3) state in that report whether the course was taken
under this article to provide information necessary to determine
eligibility to take a subsequent course under Subsection (b).
SECTION 49. Article 45.052(d), Code of Criminal Procedure,
is amended to read as follows:
(d) A charge dismissed under this article may not be part of
the defendant's criminal record or driving record or used for any
purpose. However, if the charge was for a traffic offense, the
court shall report to the office [Department] of the secretary of
state [Public Safety] that the defendant successfully completed the
teen court program and the date of completion for inclusion in the
defendant's driving record.
SECTION 50. Article 62.053(a), Code of Criminal Procedure,
is amended to read as follows:
(a) Before a person who will be subject to registration
under this chapter is due to be released from a penal institution,
the Texas Department of Criminal Justice or the Texas Juvenile
Justice Department shall determine the person's level of risk to
the community using the sex offender screening tool developed or
selected under Article 62.007 and assign to the person a numeric
risk level of one, two, or three. Before releasing the person, an
official of the penal institution shall:
(1) inform the person that:
(A) not later than the later of the seventh day
after the date on which the person is released or after the date on
which the person moves from a previous residence to a new residence
in this state or not later than the first date the applicable local
law enforcement authority by policy allows the person to register
or verify registration, the person must register or verify
registration with the local law enforcement authority in the
municipality or county in which the person intends to reside;
(B) not later than the seventh day after the date
on which the person is released or the date on which the person
moves from a previous residence to a new residence in this state,
the person must, if the person has not moved to an intended
residence, report to the applicable entity or entities as required
by Article 62.051(h) or (j) or 62.055(e);
(C) not later than the seventh day before the
date on which the person moves to a new residence in this state or
another state, the person must report in person to the local law
enforcement authority designated as the person's primary
registration authority by the department and to the juvenile
probation officer, community supervision and corrections
department officer, or parole officer supervising the person;
(D) not later than the 10th day after the date on
which the person arrives in another state in which the person
intends to reside, the person must register with the law
enforcement agency that is identified by the department as the
agency designated by that state to receive registration
information, if the other state has a registration requirement for
sex offenders;
(E) not later than the 30th day after the date on
which the person is released, the person must apply to the office of
the secretary of state [department] in person for the issuance of an
original or renewal driver's license or personal identification
certificate and a failure to apply to the office [department] as
required by this paragraph results in the automatic revocation of
any driver's license or personal identification certificate issued
by the office [department] to the person;
(F) the person must notify appropriate entities
of any change in status as described by Article 62.057;
(G) certain types of employment are prohibited
under Article 62.063 for a person with a reportable conviction or
adjudication for a sexually violent offense involving a victim
younger than 14 years of age and occurring on or after September 1,
2013;
(H) certain locations of residence are
prohibited under Article 62.064 for a person with a reportable
conviction or adjudication for an offense occurring on or after
September 1, 2017, except as otherwise provided by that article;
and
(I) if the person enters the premises of a school
as described by Article 62.065 and is subject to the requirements of
that article, the person must immediately notify the administrative
office of the school of the person's presence and the person's
registration status under this chapter;
(2) require the person to sign a written statement
that the person was informed of the person's duties as described by
Subdivision (1) or Subsection (g) or, if the person refuses to sign
the statement, certify that the person was so informed;
(3) obtain the address or, if applicable, a detailed
description of each geographical location where the person expects
to reside on the person's release and other registration
information, including a photograph and complete set of
fingerprints; and
(4) complete the registration form for the person.
SECTION 51. Article 62.060, Code of Criminal Procedure, is
amended to read as follows:
Art. 62.060. REQUIREMENTS RELATING TO DRIVER'S LICENSE OR
PERSONAL IDENTIFICATION CERTIFICATE. (a) A person subject to
registration under this chapter shall apply to the office of the
secretary of state [department] in person for the issuance of, as
applicable, an original or renewal driver's license under Section
521.272, Transportation Code, an original or renewal personal
identification certificate under Section 521.103, Transportation
Code, or an original or renewal commercial driver's license or
commercial learner's permit under Section 522.033, Transportation
Code, not later than the 30th day after the date:
(1) the person is released from a penal institution or
is released by a court on community supervision or juvenile
probation; or
(2) the office of the secretary of state [department]
sends written notice to the person of the requirements of this
article.
(b) The person shall annually renew in person each driver's
license or personal identification certificate issued by the office
of the secretary of state [department] to the person, including
each renewal, duplicate, or corrected license or certificate, until
the person's duty to register under this chapter expires.
SECTION 52. Article 62.2021(a), Code of Criminal Procedure,
is amended to read as follows:
(a) Notwithstanding Article 62.060(b), a person subject to
registration who is civilly committed as a sexually violent
predator and resides at a civil commitment center shall renew the
person's state-issued [department-issued] driver's license or
personal identification certificate as prescribed by Section
521.103, 521.272, or 522.033, Transportation Code, as applicable.
SECTION 53. Section 1001.056(d), Education Code, is amended
to read as follows:
(d) A certificate under this section must:
(1) be in a form required by the department; and
(2) include an identifying number by which the
department, a court, [or] the Department of Public Safety, or the
office of the secretary of state may verify its authenticity with
the course provider.
SECTION 54. Section 1001.058(b), Education Code, is amended
to read as follows:
(b) The advisory committee consists of 12 [eleven] members
appointed for staggered six-year terms by the presiding officer of
the commission, with the approval of the commission, as follows:
(1) one member representing a driver education school
that offers a traditional classroom course and in-car training;
(2) one member representing a driver education school
that offers a traditional classroom course, alternative methods of
instruction, or in-car training;
(3) one member representing a driving safety school
offering a traditional classroom course or providing an alternative
method of instruction;
(4) one member representing a driving safety course
provider approved for a traditional classroom course and for an
alternative method of instruction;
(5) one member representing a driving safety course
provider approved for a traditional classroom course or for an
alternative method of instruction;
(6) one licensed instructor;
(7) one representative of the Department of Public
Safety;
(8) one member representing a drug and alcohol driving
awareness program course provider;
(9) one member representing a parent-taught course
provider; [and]
(10) two members representing the public; and
(11) one representative of the office of the secretary
of state.
SECTION 55. Section 13.002(c), Election Code, is amended to
read as follows:
(c) A registration application must include:
(1) the applicant's first name, middle name, if any,
last name, and former name, if any;
(2) the month, day, and year of the applicant's birth;
(3) a statement that the applicant is a United States
citizen;
(4) a statement that the applicant is a resident of the
county;
(5) a statement that the applicant has not been
determined by a final judgment of a court exercising probate
jurisdiction to be:
(A) totally mentally incapacitated; or
(B) partially mentally incapacitated without the
right to vote;
(6) a statement that the applicant has not been
finally convicted of a felony or that the applicant is a felon
eligible for registration under Section 13.001;
(7) the applicant's residence address or, if the
residence has no address, the address at which the applicant
receives mail and a concise description of the location of the
applicant's residence;
(8) the following information:
(A) the applicant's Texas driver's license number
or the number of a personal identification card issued by the office
[Department] of the secretary of state [Public Safety];
(B) if the applicant has not been issued a number
described by Paragraph (A), the last four digits of the applicant's
social security number; or
(C) a statement by the applicant that the
applicant has not been issued a number described by Paragraph (A) or
(B);
(9) if the application is made by an agent, a statement
of the agent's relationship to the applicant; and
(10) the city and county in which the applicant
formerly resided.
SECTION 56. Section 13.004(c), Election Code, as amended by
Chapters 469 (H.B. 4173), 489 (H.B. 3100), and 1146 (H.B. 2910),
Acts of the 86th Legislature, Regular Session, 2019, is reenacted
and amended to read as follows:
(c) The following information furnished on a registration
application is confidential and does not constitute public
information for purposes of Chapter 552, Government Code:
(1) a social security number;
(2) a Texas driver's license number;
(3) a number of a personal identification card issued
by the office [Department] of the secretary of state [Public
Safety];
(4) an indication that an applicant is interested in
working as an election judge;
(5) the residence address of the applicant, if the
applicant is a federal judge or state judge, the spouse of a federal
judge or state judge, the spouse of a peace officer as defined by
Article 2.12, Code of Criminal Procedure, or an individual to whom
Section 552.1175, Government Code, or Section 521.1211,
Transportation Code, applies and the applicant:
(A) included an affidavit with the registration
application describing the applicant's status under this
subdivision, if the applicant is a federal judge or state judge or
the spouse of a federal judge or state judge;
(B) provided the registrar with an affidavit
describing the applicant's status under this subdivision, if the
applicant is a federal judge or state judge or the spouse of a
federal judge or state judge; or
(C) provided the registrar with a completed form
approved by the secretary of state for the purpose of notifying the
registrar of the applicant's status under this subdivision;
(6) the residence address of the applicant, if the
applicant, the applicant's child, or another person in the
applicant's household is a victim of family violence as defined by
Section 71.004, Family Code, who provided the registrar with:
(A) a copy of a protective order issued under
Chapter 85, Family Code, or a magistrate's order for emergency
protection issued under Article 17.292, Code of Criminal Procedure;
or
(B) other independent documentary evidence
necessary to show that the applicant, the applicant's child, or
another person in the applicant's household is a victim of family
violence;
(7) the residence address of the applicant, if the
applicant, the applicant's child, or another person in the
applicant's household is a victim of sexual assault or abuse,
stalking, or trafficking of persons who provided the registrar
with:
(A) a copy of a protective order issued under
Subchapter A or B, Chapter 7B, Code of Criminal Procedure, or a
magistrate's order for emergency protection issued under Article
17.292, Code of Criminal Procedure; or
(B) other independent documentary evidence
necessary to show that the applicant, the applicant's child, or
another person in the applicant's household is a victim of sexual
assault or abuse, stalking, or trafficking of persons;
(8) the residence address of the applicant, if the
applicant:
(A) is a participant in the address
confidentiality program administered by the attorney general under
Subchapter B, Chapter 58, Code of Criminal Procedure; and
(B) provided the registrar with proof of
certification under Article 58.059, Code of Criminal Procedure; or
(9) the telephone number of any applicant submitting
documentation under Subdivision (5), (6), (7), or (8).
SECTION 57. Section 13.072(a), Election Code, is amended to
read as follows:
(a) Unless the registrar challenges the applicant, the
registrar shall approve the application if:
(1) the registrar determines that an application
complies with Section 13.002 and indicates that the applicant is
eligible for registration; and
(2) for an applicant who has not included a statement
described by Section 13.002(c)(8)(C), the registrar verifies with
the secretary of state:
(A) the applicant's Texas driver's license number
or number of a personal identification card issued by the office
[Department] of the secretary of state [Public Safety]; or
(B) the last four digits of the applicant's
social security number.
SECTION 58. Section 13.122(a), Election Code, is amended to
read as follows:
(a) In addition to the other statements and spaces for
entering information that appear on an officially prescribed
registration application form, each official form must include:
(1) the statement: "I understand that giving false
information to procure a voter registration is perjury and a crime
under state and federal law.";
(2) a space for the applicant's registration number;
(3) a space for the applicant's Texas driver's license
number or number of a personal identification card issued by the
office [Department] of the secretary of state [Public Safety];
(4) a space for the applicant's telephone number;
(5) a space for the applicant's social security
number;
(6) a space for the applicant's sex;
(7) a statement indicating that the furnishing of the
applicant's telephone number and sex is optional;
(8) a space or box for indicating whether the
applicant or voter is submitting new registration information or a
change in current registration information;
(9) a statement instructing a voter who is using the
form to make a change in current registration information to enter
the voter's name and the changed information in the appropriate
spaces on the form;
(10) a statement that if the applicant declines to
register to vote, that fact will remain confidential and will be
used only for voter registration purposes;
(11) a statement that if the applicant does register
to vote, information regarding the agency or office to which the
application is submitted will remain confidential and will be used
only for voter registration purposes;
(12) a space or box for indicating whether the
applicant is interested in working as an election judge;
(13) a statement warning that a conviction for making
a false statement may result in imprisonment for up to the maximum
amount of time provided by law, a fine of up to the maximum amount
provided by law, or both the imprisonment and the fine; and
(14) any other voter registration information
required by federal law or considered appropriate and required by
the secretary of state.
SECTION 59. Section 16.031(a), Election Code, is amended to
read as follows:
(a) The registrar shall cancel a voter's registration
immediately on receipt of:
(1) notice under Section 13.072(b) or 15.021 or a
response under Section 15.053 that the voter's residence is outside
the county;
(2) an abstract of the voter's death certificate under
Section 16.001(a) or an abstract of an application indicating that
the voter is deceased under Section 16.001(b);
(3) an abstract of a final judgment of the voter's
total mental incapacity, partial mental incapacity without the
right to vote, conviction of a felony, or disqualification under
Section 16.002, 16.003, or 16.004;
(4) notice under Section 112.012 that the voter has
applied for a limited ballot in another county;
(5) notice from a voter registration official in
another state that the voter has registered to vote outside this
state;
(6) notice from the early voting clerk under Section
101.053 that a federal postcard application submitted by an
applicant states a voting residence address located outside the
registrar's county; or
(7) notice from the secretary of state that the voter
has registered to vote in another county, as determined by the
voter's driver's license number or personal identification card
number issued by the office [Department] of the secretary of state
[Public Safety] or social security number.
SECTION 60. Sections 20.001(a) and (b), Election Code, are
amended to read as follows:
(a) The following state agencies or offices are designated
as voter registration agencies:
(1) office of the secretary of state;
(2) Health and Human Services Commission;
(3) [(2)] Department of Aging and Disability
Services;
(4) [(3)] Department of Assistive and Rehabilitative
Services;
(5) [(4)] Department of State Health Services; and
(6) [(5)] any other agency or program as determined by
the secretary of state that primarily provides:
(A) public assistance; or
(B) services to persons with disabilities.
(b) Each vendor that provides services under an agreement
described by Section 521.009, Transportation Code, [The Department
of Public Safety] is designated as a voter registration agency.
SECTION 61. The heading to Subchapter C, Chapter 20,
Election Code, is amended to read as follows:
SUBCHAPTER C. OFFICE OF SECRETARY [DEPARTMENT] OF STATE AND
VENDORS [PUBLIC SAFETY]
SECTION 62. Section 20.061, Election Code, is amended to
read as follows:
Sec. 20.061. APPLICABILITY [OF OTHER PROVISIONS]. (a) The
other provisions of this chapter apply to the office [Department]
of the secretary of state and vendors described by Section
20.001(b) [Public Safety] except provisions that conflict with this
subchapter.
(b) The provisions of this subchapter apply to vendors
described by Section 20.001(b) in the same manner as those
provisions apply to the office of the secretary of state.
SECTION 63. Section 20.062, Election Code, is amended to
read as follows:
Sec. 20.062. OFFICE AND VENDOR [DEPARTMENT] FORMS AND
PROCEDURE. (a) The office [Department] of the secretary of state
[Public Safety] shall prescribe and use a form and procedure that
combines the office's [department's] application form for a license
or card with an officially prescribed voter registration
application form.
(b) The office [department] shall prescribe and use a change
of address form and procedure that combines office [department] and
voter registration functions. The form must allow a licensee or
cardholder to indicate whether the change of address is also to be
used for voter registration purposes.
(c) The design, content, and physical characteristics of
the [department] forms of vendors described by Section 20.001(b)
must be approved by the secretary of state.
SECTION 64. Section 20.063, Election Code, is amended to
read as follows:
Sec. 20.063. REGISTRATION PROCEDURES. (a) The office
[Department] of the secretary of state [Public Safety] shall
provide to each person who applies in person to the office [at the
department's offices] for an original or renewal of a driver's
license, a personal identification card, or a duplicate or
corrected license or card an opportunity to complete a voter
registration application form.
(b) When the office [department] processes a license or card
for renewal by mail, the office [department] shall deliver to the
applicant by mail a voter registration application form.
(c) A change of address that relates to a license or card and
that is submitted to the office [department] in person or by mail
serves as a change of address for voter registration unless the
licensee or cardholder indicates that the change is not for voter
registration purposes. The date of submission of a change of
address to an office [a department] employee is considered to be the
date of submission to the voter registrar for the purpose of
determining the effective date of registration only.
(d) If a completed voter registration application submitted
to an office [a department] employee does not include the
applicant's correct driver's license number or personal
identification card number, an office [a department] employee shall
enter the appropriate information on the application. If a
completed application does not include the applicant's correct
residence address or mailing address, an office [a department]
employee shall obtain the appropriate information from the
applicant and enter the information on the application.
SECTION 65. Section 20.064, Election Code, is amended to
read as follows:
Sec. 20.064. DECLINATION FORM NOT REQUIRED. The office
[Department] of the secretary of state [Public Safety] is not
required to comply with the procedures prescribed by this chapter
relating to the form for a declination of voter registration.
SECTION 66. Section 20.065, Election Code, is amended to
read as follows:
Sec. 20.065. DELIVERY OF APPLICATIONS AND CHANGES OF
ADDRESS. [(a)] At the end of each day the [a Department of Public
Safety] office of the secretary of state is regularly open for
business, the [manager of the] office shall deliver by mail or in
person to the voter registrar of the applicable county [in which the
office is located] each completed voter registration application
and applicable change of address submitted to an office [a
department] employee.
[(b) Each weekday the department is regularly open for
business, the department shall electronically transfer to the
secretary of state the name of each person who completes a voter
registration application submitted to the department. The
secretary shall prescribe procedures necessary to implement this
subsection.
[(c) On the weekday the secretary of state is regularly open
for business following the date the secretary receives information
under Subsection (b), the secretary shall inform the appropriate
voter registrar of the name of each person who completes a voter
registration application submitted to the department. The
registrar may verify that the registrar has received each
application as indicated by the information provided by the
secretary under this subsection.]
SECTION 67. Section 20.066(a), Election Code, is amended to
read as follows:
(a) If a person completes a voter registration application
as provided by Section 20.063, the office [Department] of the
secretary of state [Public Safety] shall:
(1) input the information provided on the application
into the office's [department's] electronic data system; and
(2) inform the applicant that the applicant's
electronic signature provided to the office [department] will be
used for submitting the applicant's voter registration
application.
SECTION 68. Section 63.0101(a), Election Code, is amended
to read as follows:
(a) The following documentation is an acceptable form of
photo identification under this chapter:
(1) a driver's license, election identification
certificate, or personal identification card issued to the person
by the office [Department] of the secretary of state [Public
Safety] that has not expired or that expired no earlier than four
years before the date of presentation;
(2) a United States military identification card that
contains the person's photograph that has not expired or that
expired no earlier than four years before the date of presentation;
(3) a United States citizenship certificate issued to
the person that contains the person's photograph;
(4) a United States passport book or card issued to the
person that has not expired or that expired no earlier than four
years before the date of presentation; or
(5) a license to carry a handgun issued to the person
by the Department of Public Safety that has not expired or that
expired no earlier than four years before the date of presentation.
SECTION 69. Section 65.060, Election Code, is amended to
read as follows:
Sec. 65.060. DISCLOSURE OF SOCIAL SECURITY, DRIVER'S
LICENSE, OR PERSONAL IDENTIFICATION NUMBER ON PROVISIONAL BALLOT
AFFIDAVIT. A social security number, Texas driver's license
number, or number of a personal identification card issued by the
office [Department] of the secretary of state [Public Safety]
furnished on a provisional ballot affidavit is confidential and
does not constitute public information for purposes of Chapter 552,
Government Code. The general custodian of election records shall
ensure that a social security number, Texas driver's license
number, or number of a personal identification card issued by the
office [Department] of the secretary of state [Public Safety] is
excluded from disclosure.
SECTION 70. Section 2.005(b), Family Code, is amended to
read as follows:
(b) The proof must be established by:
(1) a driver's license or identification card issued
by this state, another state, or a Canadian province that is current
or has expired not more than two years preceding the date the
identification is submitted to the county clerk in connection with
an application for a license;
(2) a United States passport;
(3) a current passport issued by a foreign country or a
consular document issued by a state or national government;
(4) an unexpired Certificate of United States
Citizenship, Certificate of Naturalization, United States Citizen
Identification Card, Permanent Resident Card, Temporary Resident
Card, Employment Authorization Card, or other document issued by
the federal Department of Homeland Security or the United States
Department of State including an identification photograph;
(5) an unexpired military identification card for
active duty, reserve, or retired personnel with an identification
photograph;
(6) an original or certified copy of a birth
certificate issued by a bureau of vital statistics for a state or a
foreign government;
(7) an original or certified copy of a Consular Report
of Birth Abroad or Certificate of Birth Abroad issued by the United
States Department of State;
(8) an original or certified copy of a court order
relating to the applicant's name change or sex change;
(9) school records from a secondary school or
institution of higher education;
(10) an insurance policy continuously valid for the
two years preceding the date of the application for a license;
(11) a motor vehicle certificate of title;
(12) military records, including documentation of
release or discharge from active duty or a draft record;
(13) an unexpired military dependent identification
card;
(14) an original or certified copy of the applicant's
marriage license or divorce decree;
(15) a voter registration certificate;
(16) a pilot's license issued by the Federal Aviation
Administration or another authorized agency of the United States;
(17) a license to carry a handgun under Subchapter H,
Chapter 411, Government Code;
(18) a temporary driving permit or a temporary
identification card issued by the office [Department] of the
secretary of state [Public Safety]; or
(19) an offender identification card issued by the
Texas Department of Criminal Justice.
SECTION 71. Sections 54.042(a), (b), (f), and (g), Family
Code, are amended to read as follows:
(a) A juvenile court, in a disposition hearing under Section
54.04, shall:
(1) order the office [Department] of the secretary of
state [Public Safety] to suspend a child's driver's license or
permit, or if the child does not have a license or permit, to deny
the issuance of a license or permit to the child if the court finds
that the child has engaged in conduct that:
(A) violates a law of this state enumerated in
Section 521.342(a), Transportation Code; or
(B) violates a penal law of this state or the
United States, an element or elements of which involve a severe form
of trafficking in persons, as defined by 22 U.S.C. Section 7102; or
(2) notify the office [Department] of the secretary of
state [Public Safety] of the adjudication, if the court finds that
the child has engaged in conduct that violates a law of this state
enumerated in Section 521.372(a), Transportation Code.
(b) A juvenile court, in a disposition hearing under Section
54.04, may order the office [Department] of the secretary of state
[Public Safety] to suspend a child's driver's license or permit or,
if the child does not have a license or permit, to deny the issuance
of a license or permit to the child, if the court finds that the
child has engaged in conduct that violates Section 28.08, Penal
Code.
(f) A juvenile court, in a disposition hearing under Section
54.04, may order the office [Department] of the secretary of state
[Public Safety] to suspend a child's driver's license or permit or,
if the child does not have a license or permit, to deny the issuance
of a license or permit to the child for a period not to exceed 12
months if the court finds that the child has engaged in conduct in
need of supervision or delinquent conduct other than the conduct
described by Subsection (a).
(g) A juvenile court that places a child on probation under
Section 54.04 may require as a reasonable condition of the
probation that if the child violates the probation, the court may
order the office [Department] of the secretary of state [Public
Safety] to suspend the child's driver's license or permit or, if the
child does not have a license or permit, to deny the issuance of a
license or permit to the child for a period not to exceed 12 months.
The court may make this order if a child that is on probation under
this condition violates the probation. A suspension under this
subsection is cumulative of any other suspension under this
section.
SECTION 72. Section 54.0482(c), Family Code, is amended to
read as follows:
(c) On or before the fifth anniversary of the date the
juvenile probation department receives a payment for a victim that
is not claimed by the victim, the department shall make and document
a good faith effort to locate and notify the victim that an
unclaimed payment exists, including:
(1) confirming, if possible, the victim's most recent
address with the office [Department] of the secretary of state
[Public Safety]; and
(2) making at least one additional certified mailing
to the victim.
SECTION 73. Section 65.103(c), Family Code, is amended to
read as follows:
(c) In addition to any other order authorized by this
section, a truancy court may order the office [Department] of the
secretary of state [Public Safety] to suspend the driver's license
or permit of a child who has been found to have engaged in truant
conduct. If the child does not have a driver's license or permit,
the court may order the office [Department] of the secretary of
state [Public Safety] to deny the issuance of a license or permit to
the child. The period of the license or permit suspension or the
order that the issuance of a license or permit be denied may not
extend beyond the maximum time period that a remedial order is
effective as provided by Section 65.104.
SECTION 74. Section 65.251(a), Family Code, is amended to
read as follows:
(a) If a child fails to obey an order issued by a truancy
court under Section 65.103(a) or a child is in direct contempt of
court, the truancy court, after providing notice and an opportunity
for a hearing, may hold the child in contempt of court and order
either or both of the following:
(1) that the child pay a fine not to exceed $100; or
(2) that the office [Department] of the secretary of
state [Public Safety] suspend the child's driver's license or
permit or, if the child does not have a license or permit, order
that the office [Department] of the secretary of state [Public
Safety] deny the issuance of a license or permit to the child until
the child fully complies with the court's orders.
SECTION 75. Section 203.007(b), Family Code, is amended to
read as follows:
(b) A domestic relations office is entitled to obtain from
the office of the secretary of state and the Department of Public
Safety records that relate to:
(1) a person's date of birth;
(2) a person's most recent address;
(3) a person's current driver's license status;
(4) motor vehicle accidents involving a person;
(5) reported traffic-law violations of which a person
has been convicted; and
(6) a person's criminal history record information.
SECTION 76. Section 264.1213, Family Code, is amended to
read as follows:
Sec. 264.1213. RECORDS AND DOCUMENTS FOR CHILDREN AGING OUT
OF FOSTER CARE. The department in cooperation with volunteer
advocates from a charitable organization described by Subchapter C,
Chapter 107, and the office [Department] of the secretary of state
[Public Safety] shall develop procedures to ensure that a foster
child obtains a driver's license or personal identification card
before the child leaves the conservatorship of the department.
SECTION 77. Section 277.002(a), Finance Code, is amended to
read as follows:
(a) A financial institution shall require, as a condition of
opening or maintaining a business checking account, that the
applicant or account holder provide:
(1) if the business is a sole proprietorship:
(A) the name of the business owner;
(B) the physical address of the business;
(C) the home address of the business owner; and
(D) the driver's license number of the business
owner or the personal identification card number issued to the
business owner by the office [Department] of the secretary of state
[Public Safety]; or
(2) if the business is a corporation or other legal
entity, a copy of the business's certificate of incorporation or a
comparable document and an assumed name certificate, if any.
SECTION 78. Sections 62.001(a), (f), (g), (h), and (i),
Government Code, are amended to read as follows:
(a) The jury wheel must be reconstituted by using, as the
source:
(1) the names of all persons on the current voter
registration lists from all the precincts in the county; and
(2) all names on the [a] current list created [to be
furnished] by the office [Department] of the secretary of state
under Subsection (f) [Public Safety], showing the citizens of the
county who:
(A) hold a valid Texas driver's license or a
valid personal identification card or certificate issued by the
office [department]; and
(B) are not disqualified from jury service under
Section 62.102(1), (2), or (7).
(f) The office [Department] of the secretary of state
[Public Safety] shall create [furnish] a list from the office's
driver's license database [to the secretary of state] that shows
the names required under Subsection (a)(2) and that contains any of
the information enumerated in Subsection (c) that is available to
the office [department], including citizenship status and county of
residence. The list shall exclude the names of convicted felons,
persons who are not citizens of the United States, persons residing
outside the county, and the duplicate name of any registrant. The
office [department] shall create [furnish] the list [to the
secretary of state] on or before the first Monday in October of each
year.
(g) [The secretary of state shall accept the lists furnished
as provided by Subsections (c) through (f).] The secretary of state
shall combine the list furnished as provided by Subsections (c)
through (e) and the list created under Subsection (f) [lists],
eliminate duplicate names, and send the combined list to each
county on or before December 31 of each year or as may be required
under a plan developed in accordance with Section 62.011. The
district clerk or bailiff designated as the officer in charge of the
jury selection process for a county that has adopted a plan under
Section 62.011 shall give the secretary of state notice not later
than the 90th day before the date the list is required. The list
furnished the county must be in a format, electronic or printed
copy, as requested by the county and must be certified by the
secretary of state stating that the list contains the names
required by Subsections (c) through (f), eliminating duplications.
The secretary of state shall furnish the list free of charge.
(h) If the secretary of state is unable to furnish the list
as provided in this section because of the failure of the voter
registrar to furnish the county voter registration list to the
secretary of state, the county tax assessor-collector, sheriff,
county clerk, and district clerk in the county shall meet at the
county courthouse between January 1 and January 15 of the following
year and shall reconstitute the jury wheel for the county, except as
provided under a plan adopted under Section 62.011. The deadlines
included in the plan control for preparing the list and
reconstituting the wheel. The secretary of state shall send the
list created under [furnished by the Department of Public Safety as
provided by] Subsection (f) to the voter registrar, who shall
combine the lists as described in this section for use as the juror
source and certify the combined list as required of the secretary of
state under Subsection (g).
(i) The commissioners court may, instead of using the method
provided by Subsections (c) through (h), contract with another
governmental unit or a private person to combine the voter
registration list with the list created [furnished] by the office
of the secretary of state under Subsection (f) [Department of
Public Safety]. Subsections (c) through (h) do not apply to a
county in which the commissioners court has contracted with another
governmental unit or a private person under this subsection. The
office of the secretary [Department] of state [Public Safety] may
not charge a fee for furnishing a list under this subsection. Each
list must contain the name, date of birth, address, county of
residence, and citizenship status of each person listed. If
practical, each list must contain any other information useful in
determining if the person is qualified to serve as a juror.
SECTION 79. Section 72.016, Government Code, is amended to
read as follows:
Sec. 72.016. NOTIFICATION PROCEDURE FOR JUDICIAL PRIVACY.
The director shall develop a procedure to regularly notify county
registrars, the office [Department] of the secretary of state
[Public Safety], the Texas Ethics Commission, and any other state
agency the office determines should be notified of the judges,
judges' spouses, and related family members whose personal
information must be kept from public records, as provided under
Sections 552.117 and 572.035 of this code, Sections 13.0021 and
15.0215, Election Code, and Section 521.121, Transportation Code.
SECTION 80. Section 411.0111, Government Code, is
transferred to Subchapter B, Chapter 405, Government Code,
redesignated as Section 405.024, Government Code, and amended to
read as follows:
Sec. 405.024 [411.0111]. PROVISION OF CERTAIN INFORMATION
TO COMPTROLLER. (a) Not later than June 1 of every fifth year, the
office of the secretary of state [department] shall provide to the
comptroller, for the purpose of assisting the comptroller in the
identification of persons entitled to unclaimed property reported
to the comptroller, the name, address, social security number, date
of birth, and driver's license or state identification number of
each person about whom the office of the secretary of state
[department] has such information in its records.
(b) Information provided to the comptroller under this
section is confidential and may not be disclosed to the public.
(c) The office of the secretary of state [department] shall
provide the information in the format prescribed by rule of the
comptroller.
SECTION 81. Section 411.082(2), Government Code, is amended
to read as follows:
(2) "Criminal history record information" means
information collected about a person by a criminal justice agency
that consists of identifiable descriptions and notations of
arrests, detentions, indictments, informations, and other formal
criminal charges and their dispositions. The term does not
include:
(A) identification information, including
fingerprint records, to the extent that the identification
information does not indicate involvement of the person in the
criminal justice system; or
(B) driving record information maintained by the
office of the secretary of state [department] under Subchapter C,
Chapter 521, Transportation Code.
SECTION 82. Section 411.174(b), Government Code, is amended
to read as follows:
(b) An applicant must provide on the application a statement
of the applicant's:
(1) full name and place and date of birth;
(2) race and sex;
(3) residence and business addresses for the preceding
five years;
(4) hair and eye color;
(5) height and weight;
(6) driver's license number or identification
certificate number issued by the office of the secretary of state
[department];
(7) criminal history record information of the type
maintained by the department under this chapter, including a list
of offenses for which the applicant was arrested, charged, or under
an information or indictment and the disposition of the offenses;
and
(8) history, if any, of treatment received by,
commitment to, or residence in:
(A) a drug or alcohol treatment center licensed
to provide drug or alcohol treatment under the laws of this state or
another state, but only if the treatment, commitment, or residence
occurred during the preceding five years; or
(B) a psychiatric hospital.
SECTION 83. Section 411.179(a), Government Code, is amended
to read as follows:
(a) The department by rule shall adopt the form of the
license. A license must include:
(1) a number assigned to the license holder by the
department;
(2) a statement of the period for which the license is
effective;
(3) a photograph of the license holder;
(4) the license holder's full name, date of birth, hair
and eye color, height, weight, and signature;
(5) the license holder's residence address or, as
provided by Subsection (d), the street address of the courthouse in
which the license holder or license holder's spouse serves as a
federal judge or the license holder serves as a state judge;
(6) the number of a driver's license or an
identification certificate issued to the license holder by the
office of the secretary of state [department]; and
(7) the designation "VETERAN" if required under
Subsection (e).
SECTION 84. Section 411.205, Government Code, is amended to
read as follows:
Sec. 411.205. REQUIREMENT TO DISPLAY LICENSE. If a license
holder is carrying a handgun on or about the license holder's person
when a magistrate or a peace officer demands that the license holder
display identification, the license holder shall display both the
license holder's driver's license or identification certificate
issued by the office of the secretary of state [department] and the
license holder's handgun license.
SECTION 85. Sections 501.0165(a), (c), and (d), Government
Code, are amended to read as follows:
(a) Before discharging an inmate or releasing an inmate on
parole, mandatory supervision, or conditional pardon, the
department shall:
(1) determine whether the inmate has:
(A) a valid license issued under Chapter 521 or
522, Transportation Code; or
(B) a valid personal identification certificate
issued under Chapter 521, Transportation Code; and
(2) if the inmate does not have a valid license or
certificate described by Subdivision (1), submit to the office
[Department] of the secretary of state [Public Safety] on behalf of
the inmate a request for the issuance of a personal identification
certificate under Chapter 521, Transportation Code.
(c) The department, the office [Department] of the
secretary of state [Public Safety], and the bureau of vital
statistics of the Department of State Health Services shall by rule
adopt a memorandum of understanding that establishes their
respective responsibilities with respect to the issuance of a
personal identification certificate to an inmate, including
responsibilities related to verification of the inmate's identity.
The memorandum of understanding must require the Department of
State Health Services to electronically verify the birth record of
an inmate whose name and any other personal information is provided
by the department and to electronically report the recorded filing
information to the office [Department] of the secretary of state
[Public Safety] to validate the identity of an inmate under this
section.
(d) The department shall reimburse the office [Department]
of the secretary of state [Public Safety] or the Department of State
Health Services for the actual costs incurred by those agencies in
performing responsibilities established under this section. The
department may charge an inmate for the actual costs incurred under
this section or the fees required by Section 521.421,
Transportation Code.
SECTION 86. Section 509.004(a), Government Code, is amended
to read as follows:
(a) The division shall require each department to:
(1) keep financial and statistical records determined
necessary by the division;
(2) submit a strategic plan and all supporting
information requested by the division;
(3) present data requested by the division as
necessary to determine the amount of state aid for which the
department is eligible;
(4) submit periodic financial audits and statistical
reports to the division; and
(5) submit to the office [Department] of the secretary
of state [Public Safety] the full name, address, date of birth,
social security number, and driver's license number of each person
restricted to the operation of a motor vehicle equipped with a
device that uses a deep-lung breath analysis mechanism to make
impractical the operation of the motor vehicle if ethyl alcohol is
detected in the breath of the restricted operator.
SECTION 87. Sections 531.02414(e) and (g), Government Code,
are amended to read as follows:
(e) The executive commissioner shall adopt rules to ensure
the safe and efficient provision of nonemergency transportation
services under this section. The rules must include:
(1) minimum standards regarding the physical
condition and maintenance of motor vehicles used to provide the
services, including standards regarding the accessibility of motor
vehicles by persons with disabilities;
(2) a requirement that a regional contracted broker
verify that each motor vehicle operator providing the services or
seeking to provide the services has a valid driver's license;
(3) a requirement that a regional contracted broker
check the driving record information maintained by the office
[Department] of the secretary of state [Public Safety] under
Subchapter C, Chapter 521, Transportation Code, of each motor
vehicle operator providing the services or seeking to provide the
services;
(4) a requirement that a regional contracted broker
check the public criminal record information maintained by the
Department of Public Safety and made available to the public
through the department's Internet website of each motor vehicle
operator providing the services or seeking to provide the services;
and
(5) training requirements for motor vehicle operators
providing the services through a regional contracted broker,
including training on the following topics:
(A) passenger safety;
(B) passenger assistance;
(C) assistive devices, including wheelchair
lifts, tie-down equipment, and child safety seats;
(D) sensitivity and diversity;
(E) customer service;
(F) defensive driving techniques; and
(G) prohibited behavior by motor vehicle
operators.
(g) The commission shall enter into a memorandum of
understanding with the Texas Department of Motor Vehicles and the
office of the secretary of state [Department of Public Safety] for
purposes of obtaining the motor vehicle registration and driver's
license information of a provider of medical transportation
services, including a regional contracted broker and a
subcontractor of the broker, to confirm that the provider complies
with applicable requirements adopted under Subsection (e).
SECTION 88. Section 531.1533, Government Code, is amended
to read as follows:
Sec. 531.1533. REQUIREMENTS ON ADMISSIONS OF CHILDREN TO
CERTAIN INSTITUTIONS. On the admission of a child to an institution
described by Section 531.151(3)(A), (B), or (D), the Department of
Aging and Disability Services shall require the child's parent or
guardian to submit:
(1) an admission form that includes:
(A) the parent's or guardian's:
(i) name, address, and telephone number;
(ii) driver's license number and state of
issuance or personal identification card number issued by the
office [Department] of the secretary of state [Public Safety]; and
(iii) place of employment and the
employer's address and telephone number; and
(B) the name, address, and telephone number of a
relative of the child or other person whom the department or
institution may contact in an emergency, a statement indicating the
relation between that person and the child, and at the parent's or
guardian's option, that person's:
(i) driver's license number and state of
issuance or personal identification card number issued by the
office [Department] of the secretary of state [Public Safety]; and
(ii) the name, address, and telephone
number of that person's employer; and
(2) a signed acknowledgment of responsibility stating
that the parent or guardian agrees to:
(A) notify the institution in which the child is
placed of any changes to the information submitted under
Subdivision (1)(A); and
(B) make reasonable efforts to participate in the
child's life and in planning activities for the child.
SECTION 89. Section 533.00258(f), Government Code, is
amended to read as follows:
(f) The rules may not permit a motor vehicle operator to
provide nonmedical transportation services if the operator:
(1) has been convicted in the three-year period
preceding the issue date of the driving record obtained under
Subsection (e)(4) of:
(A) more than three offenses classified by the
office [Department] of the secretary of state [Public Safety] as
moving violations; or
(B) one or more of the following offenses:
(i) fleeing or attempting to elude a police
officer under Section 545.421, Transportation Code;
(ii) reckless driving under Section
545.401, Transportation Code;
(iii) driving without a valid driver's
license under Section 521.025, Transportation Code; or
(iv) driving with an invalid driver's
license under Section 521.457, Transportation Code;
(2) has been convicted in the preceding seven-year
period of any of the following:
(A) driving while intoxicated under Section
49.04 or 49.045, Penal Code;
(B) use of a motor vehicle to commit a felony;
(C) a felony crime involving property damage;
(D) fraud;
(E) theft;
(F) an act of violence; or
(G) an act of terrorism; or
(3) is found to be registered in the national sex
offender public website maintained by the United States Department
of Justice or a successor agency.
SECTION 90. Section 555.003, Government Code, is amended to
read as follows:
Sec. 555.003. EXCEPTION. This chapter does not apply to
files that relate to drivers of motor vehicles and that are
maintained by the office [Department] of the secretary of state
[Public Safety] under Subchapter C, Chapter 521, Transportation
Code.
SECTION 91. Section 12.013(b), Health and Safety Code, is
amended to read as follows:
(b) Based on the studies and investigations, the department
periodically shall recommend to the Department of Public Safety and
the office of the secretary of state appropriate policies,
standards, and procedures relating to those medical aspects.
SECTION 92. Section 12.092(b), Health and Safety Code, is
amended to read as follows:
(b) The medical advisory board shall assist:
(1) the office [Department] of the secretary of state
[Public Safety of the State of Texas] in determining whether[:
[(1)] an applicant for a driver's license or a license
holder is capable of safely operating a motor vehicle; and [or]
(2) the Department of Public Safety in determining
whether an applicant for or holder of a license to carry a handgun
under the authority of Subchapter H, Chapter 411, Government Code,
or an applicant for or holder of a commission as a security officer
under Chapter 1702, Occupations Code, is capable of exercising
sound judgment with respect to the proper use and storage of a
handgun.
SECTION 93. Sections 12.095(a) and (c), Health and Safety
Code, are amended to read as follows:
(a) If the Department of Public Safety of the State of Texas
or the office of the secretary of state requests an opinion or
recommendation from the medical advisory board as to the ability of
an applicant or license holder to operate a motor vehicle safely or
to exercise sound judgment with respect to the proper use and
storage of a handgun, the commissioner or a person designated by the
commissioner shall convene a panel to consider the case or question
submitted by that department or office.
(c) Each panel member shall prepare an individual
independent written report for the Department of Public Safety of
the State of Texas or the office of the secretary of state, as
appropriate, that states the member's opinion as to the ability of
the applicant or license holder to operate a motor vehicle safely or
to exercise sound judgment with respect to the proper use and
storage of a handgun, as appropriate. In the report the panel
member may also make recommendations relating to that department's
or office's subsequent action.
SECTION 94. Section 12.096(a), Health and Safety Code, is
amended to read as follows:
(a) A physician licensed to practice medicine in this state
may inform the Department of Public Safety of the State of Texas,
the office of the secretary of state, or the medical advisory board,
orally or in writing, of the name, date of birth, and address of a
patient older than 15 years of age whom the physician has diagnosed
as having a disorder or disability specified in a rule of the
Department of Public Safety of the State of Texas or the office of
the secretary of state.
SECTION 95. Section 12.097, Health and Safety Code, is
amended to read as follows:
Sec. 12.097. CONFIDENTIALITY REQUIREMENTS. (a) All
records, reports, and testimony relating to the medical condition
of an applicant or license holder:
(1) are for the confidential use of the medical
advisory board, a panel, the office of the secretary of state, or
the Department of Public Safety of the State of Texas;
(2) are privileged information; and
(3) may not be disclosed to any person or used as
evidence in a trial except as provided by Subsection (b).
(b) In a subsequent proceeding under Subchapter H, Chapter
411, Government Code, or Subchapter N, Chapter 521, Transportation
Code, the department may provide a copy of the report of the medical
advisory board or panel and a medical record or report relating to
an applicant or license holder to:
(1) the Department of Public Safety of the State of
Texas or the office of the secretary of state, as appropriate;
(2) the applicant or license holder; and
(3) the officer who presides at the hearing.
SECTION 96. Section 81.011, Health and Safety Code, is
amended to read as follows:
Sec. 81.011. REQUEST FOR INFORMATION. In times of
emergency or epidemic declared by the commissioner, the department
is authorized to request information pertaining to names, dates of
birth, and most recent addresses of individuals from the driver's
license records of the office [Department] of the secretary of
state [Public Safety] for the purpose of notification to
individuals of the need to receive certain immunizations or
diagnostic, evaluation, or treatment services for suspected
communicable diseases.
SECTION 97. Section 191.010, Health and Safety Code, is
amended to read as follows:
Sec. 191.010. DEATH INFORMATION FOR OFFICE OF SECRETARY
[DEPARTMENT] OF STATE [PUBLIC SAFETY]. (a) The department shall
implement an efficient and effective method to verify death
information to assist the office [Department] of the secretary of
state [Public Safety] with maintaining records of holders of
driver's licenses and personal identification certificates in this
state.
(b) The department shall enter into a memorandum of
understanding with the office [Department] of the secretary of
state [Public Safety] to implement this section. The memorandum of
understanding must include a mechanism for the department to
provide to the office [Department] of the secretary of state
[Public Safety] death information that includes unique
identifiers, including social security numbers, necessary to
accurately match death records with driver's license and personal
identification certificate records.
SECTION 98. Section 481.077(d), Health and Safety Code, is
amended to read as follows:
(d) Before selling, transferring, or otherwise furnishing
to a person in this state a chemical precursor subject to Subsection
(a), a manufacturer, wholesaler, retailer, or other person shall:
(1) if the recipient does not represent a business,
obtain from the recipient:
(A) the recipient's driver's license number or
other personal identification certificate number, date of birth,
and residential or mailing address, other than a post office box
number, from a driver's license or personal identification
certificate issued by the office of the secretary of state
[department] that contains a photograph of the recipient;
(B) the year, state, and number of the motor
vehicle license of the motor vehicle owned or operated by the
recipient;
(C) a complete description of how the chemical
precursor is to be used; and
(D) the recipient's signature; or
(2) if the recipient represents a business, obtain
from the recipient:
(A) a letter of authorization from the business
that includes the business license or comptroller tax
identification number, address, area code, and telephone number and
a complete description of how the chemical precursor is to be used;
and
(B) the recipient's signature; and
(3) for any recipient, sign as a witness to the
signature and identification of the recipient.
SECTION 99. Section 481.080(e), Health and Safety Code, is
amended to read as follows:
(e) Before selling, transferring, or otherwise furnishing
to a person in this state a chemical laboratory apparatus subject to
Subsection (a), a manufacturer, wholesaler, retailer, or other
person shall:
(1) if the recipient does not represent a business,
obtain from the recipient:
(A) the recipient's driver's license number or
other personal identification certificate number, date of birth,
and residential or mailing address, other than a post office box
number, from a driver's license or personal identification
certificate issued by the office of the secretary of state
[department] that contains a photograph of the recipient;
(B) the year, state, and number of the motor
vehicle license of the motor vehicle owned or operated by the
recipient;
(C) a complete description of how the apparatus
is to be used; and
(D) the recipient's signature; or
(2) if the recipient represents a business, obtain
from the recipient:
(A) a letter of authorization from the business
that includes the business license or comptroller tax
identification number, address, area code, and telephone number and
a complete description of how the apparatus is to be used; and
(B) the recipient's signature; and
(3) for any recipient, sign as a witness to the
signature and identification of the recipient.
SECTION 100. Section 485.032(c), Health and Safety Code, is
amended to read as follows:
(c) It is an affirmative defense to prosecution under this
section that:
(1) the person making the delivery is an adult having
supervisory responsibility over the person younger than 18 years of
age and:
(A) the adult permits the use of the abusable
volatile chemical only under the adult's direct supervision and in
the adult's presence and only for its intended purpose; and
(B) the adult removes the chemical from the
person younger than 18 years of age on completion of that use; or
(2) the person to whom the abusable volatile chemical
was delivered presented to the defendant an apparently valid Texas
driver's license or an identification certificate, issued by the
office [Department] of the secretary of state [Public Safety of the
State of Texas] and containing a physical description consistent
with the person's appearance, that purported to establish that the
person was 18 years of age or older.
SECTION 101. Sections 692A.002(11) and (15), Health and
Safety Code, are amended to read as follows:
(11) "Driver's license" means a license or permit
issued by the office [Department] of the secretary of state [Public
Safety] to operate a vehicle, whether or not conditions are
attached to the license or permit.
(15) "Identification card" means an identification
card issued by the office [Department] of the secretary of state
[Public Safety].
SECTION 102. Sections 692A.014(a) and (b), Health and
Safety Code, are amended to read as follows:
(a) When a hospital refers an individual at or near death to
a procurement organization, the organization shall make a
reasonable search of the records of the office [Department] of the
secretary of state [Public Safety] and any donor registry that it
knows exists for the geographical area in which the individual
resides to ascertain whether the individual has made an anatomical
gift.
(b) A procurement organization must be allowed reasonable
access to information in the records of the office [Department] of
the secretary of state [Public Safety] to ascertain whether an
individual at or near death is a donor.
SECTION 103. Sections 692A.020(a), (d), (e), (f), (g), (h),
(i), and (m), Health and Safety Code, are amended to read as
follows:
(a) A nonprofit organization designated by the office
[Department] of the secretary of state [Public Safety] shall
maintain and administer a statewide donor registry, to be known as
the Glenda Dawson Donate Life-Texas Registry.
(d) The office [Department] of the secretary of state
[Public Safety] at least monthly shall electronically transfer to
the nonprofit organization administering the registry the name,
date of birth, driver's license number, most recent address, and
any other relevant information in the possession of the office
[Department] of the secretary of state [Public Safety] for any
person who indicates on the person's driver's license application
under Section 521.401, Transportation Code, that the person would
like to make an anatomical gift.
(e) The nonprofit organization administering the registry
shall:
(1) make information obtained from the office
[Department] of the secretary of state [Public Safety] under
Subsection (d) available to procurement organizations;
(2) allow potential donors to submit information in
writing directly to the organization for inclusion in the
Internet-based registry;
(3) maintain the Internet-based registry in a manner
that allows procurement organizations to immediately access organ,
tissue, and eye donation information 24 hours a day, seven days a
week through electronic and telephonic methods; and
(4) protect the confidentiality and privacy of the
individuals providing information to the Internet-based registry,
regardless of the manner in which the information is provided.
(f) Except as otherwise provided by Subsection (e)(3) or
this subsection, the office [Department] of the secretary of state
[Public Safety], the nonprofit organization administering the
registry, or a procurement organization may not sell, rent, or
otherwise share any information provided to the Internet-based
registry. A procurement organization may share any information
provided to the registry with an organ procurement organization or
a health care provider or facility providing medical care to a
potential donor as necessary to properly identify an individual at
the time of donation.
(g) The office [Department] of the secretary of state
[Public Safety], the nonprofit organization administering the
registry, or the procurement organizations may not use any
demographic or specific data provided to the Internet-based
registry for any fund-raising activities. Data may only be
transmitted from the selected organization to procurement
organizations through electronic and telephonic methods using
secure, encrypted technology to preserve the integrity of the data
and the privacy of the individuals providing information.
(h) In each office authorized to issue driver's licenses or
personal identification certificates, the office [Department] of
the secretary of state [Public Safety] shall make available
educational materials developed by the nonprofit organization
administering the registry.
(i) The Glenda Dawson Donate Life-Texas Registry fund is
created as a trust fund outside the state treasury to be held by the
comptroller and administered by the office [Department] of the
secretary of state [Public Safety] as trustee on behalf of the
statewide donor registry maintained for the benefit of the citizens
of this state. The fund is composed of money deposited to the
credit of the fund under Sections 502.405(b), 521.008, and
521.422(c), Transportation Code, as provided by those subsections.
Money in the fund shall be disbursed at least monthly, without
appropriation, to the nonprofit organization administering the
registry to pay the costs of:
(1) maintaining, operating, and updating the
Internet-based registry and establishing procedures for an
individual to be added to the registry;
(2) designing and distributing educational materials
for prospective donors as required under this section; and
(3) providing education under this chapter.
(m) The nonprofit organization administering the registry
may:
(1) implement a training program for all appropriate
office [Department] of the secretary of state [Public Safety] and
Texas Department of Transportation employees on the benefits of
organ, tissue, and eye donation and the procedures for individuals
to be added to the Internet-based registry; and
(2) conduct the training described by Subdivision (1)
on an ongoing basis for new employees.
SECTION 104. Section 841.0822, Health and Safety Code, is
amended to read as follows:
Sec. 841.0822. REQUIRED PROCEDURES BEFORE RELEASE FROM
SECURE CORRECTIONAL FACILITY. Before a committed person is
released from a secure correctional facility, the Texas Department
of Criminal Justice shall ensure that:
(1) the office [Department] of the secretary of state
[Public Safety] issues a personal identification card to the
person; and
(2) the person completes an application for the
following federal benefits, as appropriate, for which the person
may be eligible:
(A) social security benefits, including
disability benefits, administered by the United States Social
Security Administration; and
(B) veterans benefits administered by the United
States Department of Veterans Affairs.
SECTION 105. Sections 841.153(a), (c), and (d), Health and
Safety Code, are amended to read as follows:
(a) On the release of a committed person from a correctional
facility, secure correctional facility, or secure detention
facility, as those terms are defined by Section 841.151, the office
shall:
(1) determine whether the person has:
(A) a valid license issued under Chapter 521 or
522, Transportation Code; or
(B) a valid personal identification certificate
issued under Chapter 521, Transportation Code; and
(2) if the person does not have a valid license or
certificate described by Subdivision (1), submit to the office
[Department] of the secretary of state [Public Safety] on behalf of
the person a request for the issuance of a personal identification
certificate under Chapter 521, Transportation Code.
(c) The office, the office [Department] of the secretary of
state [Public Safety], and the vital statistics unit of the
Department of State Health Services by rule shall adopt a
memorandum of understanding that establishes their respective
responsibilities with respect to the issuance of a personal
identification certificate to a committed person, including
responsibilities related to verification of the person's identity.
The memorandum of understanding must require the Department of
State Health Services to electronically verify the birth record of
a committed person whose name and any other personal information is
provided by the office and to electronically report the recorded
filing information to the office [Department] of the secretary of
state [Public Safety] to validate the identity of a committed
person under this section.
(d) The office shall reimburse the office [Department] of
the secretary of state [Public Safety] or the Department of State
Health Services, as applicable, for the actual costs incurred by
those agencies in performing responsibilities established under
this section. The office may charge a committed person for the
actual costs incurred under this section or for the fees required by
Section 521.421, Transportation Code.
SECTION 106. Section 23.002, Human Resources Code, is
amended to read as follows:
Sec. 23.002. LICENSING AUTHORITIES SUBJECT TO CHAPTER. In
this chapter, "licensing authority" means:
(1) the Parks and Wildlife Department; and
(2) the office [Department] of the secretary of state
[Public Safety of the State of Texas].
SECTION 107. Section 133.124, Local Government Code, is
amended to read as follows:
Sec. 133.124. ALLOCATION OF FEES TO TRANSPORTATION
ADMINISTRATIVE FEE ACCOUNT. The transportation administrative fee
account is an account in the general revenue fund. The account
consists of money allocated to the account under Section
133.102(e). Money in the account may be appropriated only to the
office [Department] of the secretary of state [Public Safety] to
defray the administrative costs associated with implementing
Chapter 706, Transportation Code.
SECTION 108. Section 1805.051(d), Occupations Code, is
amended to read as follows:
(d) The list required by Subsection (c) must contain:
(1) the proposed seller's driver's license number or
office [Department] of the secretary of state [Public Safety]
identification card number, as recorded by the dealer on physical
presentation of the license or identification card by the seller;
(2) a complete and accurate description of each
business machine, including its serial number or other identifying
marks or symbols;
(3) the proposed seller's certification that the
information is true and complete; and
(4) if the business machine is delivered to the
secondhand dealer for sale or exchange at an auction, the make,
year, model, color, and registration number of the vehicle in which
the business machine is transported to the auction.
SECTION 109. Section 1805.052(b), Occupations Code, is
amended to read as follows:
(b) Except as provided by Section 1805.053, a report
required by this chapter must contain:
(1) the name and address of the seller of the business
machine;
(2) a complete and accurate description of the
business machine for which the report is made, including the serial
number or other identifying marks or symbols;
(3) the seller's certification that the information is
true and complete; and
(4) the seller's driver's license number or office
[Department] of the secretary of state [Public Safety]
identification card number, as recorded by the dealer on physical
presentation of the license or identification card by the seller.
SECTION 110. Section 1956.001(8), Occupations Code, is
amended to read as follows:
(8) "Personal identification document" means:
(A) a valid driver's license issued by a state in
the United States;
(B) a United States military identification
card; or
(C) a personal identification certificate issued
by the office of the secretary of state [department] under Section
521.101, Transportation Code, or a corresponding card or
certificate issued by another state.
SECTION 111. Section 1956.062(c), Occupations Code, is
amended to read as follows:
(c) The dealer shall record the proposed seller's driver's
license number or [department] personal identification certificate
number on physical presentation of the license or personal
identification certificate by the seller. The record must
accompany the list.
SECTION 112. Section 2033.017(f), Occupations Code, is
amended to read as follows:
(f) It is an affirmative defense to prosecution of an
offense under Subsection (a) that the minor falsely represented the
minor's age by displaying to the person an apparently valid Texas
driver's license or identification card issued by the office
[Department] of the secretary of state [Public Safety] that
contains a physical description consistent with the minor's
appearance.
SECTION 113. Section 2402.107(b), Occupations Code, is
amended to read as follows:
(b) A transportation network company may not permit an
individual to log in as a driver on the company's digital network if
the individual:
(1) has been convicted in the three-year period
preceding the issue date of the driving record obtained under
Subsection (a)(3) of:
(A) more than three offenses classified by the
office [Department] of the secretary of state [Public Safety] as
moving violations; or
(B) one or more of the following offenses:
(i) fleeing or attempting to elude a police
officer under Section 545.421, Transportation Code;
(ii) reckless driving under Section
545.401, Transportation Code;
(iii) driving without a valid driver's
license under Section 521.025, Transportation Code; or
(iv) driving with an invalid driver's
license under Section 521.457, Transportation Code;
(2) has been convicted in the preceding seven-year
period of any of the following:
(A) driving while intoxicated under Section
49.04 or 49.045, Penal Code;
(B) use of a motor vehicle to commit a felony;
(C) a felony crime involving property damage;
(D) fraud;
(E) theft;
(F) an act of violence; or
(G) an act of terrorism; or
(3) is found to be registered in the national sex
offender public website maintained by the United States Department
of Justice or a successor agency.
SECTION 114. Sections 11.43(f) and (m), Tax Code, are
amended to read as follows:
(f) The comptroller, in prescribing the contents of the
application form for each kind of exemption, shall ensure that the
form requires an applicant to furnish the information necessary to
determine the validity of the exemption claim. The form must
require an applicant to provide the applicant's name and driver's
license number, personal identification certificate number, or
social security account number. If the applicant is a charitable
organization with a federal tax identification number, the form
must allow the applicant to provide the organization's federal tax
identification number in lieu of a driver's license number,
personal identification certificate number, or social security
account number. The comptroller shall include on the forms a notice
of the penalties prescribed by Section 37.10, Penal Code, for
making or filing an application containing a false statement. The
comptroller shall include, on application forms for exemptions that
do not have to be claimed annually, a statement explaining that the
application need not be made annually and that if the exemption is
allowed, the applicant has a duty to notify the chief appraiser when
the applicant's entitlement to the exemption ends. In this
subsection:
(1) "Driver's license" has the meaning assigned that
term by Section 521.001, Transportation Code.
(2) "Personal identification certificate" means a
certificate issued by the office [Department] of the secretary of
state [Public Safety] under Subchapter E, Chapter 521,
Transportation Code.
(m) Notwithstanding Subsections (a) and (k), a person who
receives an exemption under Section 11.13, other than an exemption
under Section 11.13(c) or (d) for an individual 65 years of age or
older, in a tax year is entitled to receive an exemption under
Section 11.13(c) or (d) for an individual 65 years of age or older
in the next tax year on the same property without applying for the
exemption if the person becomes 65 years of age in that next year as
shown by:
(1) information in the records of the appraisal
district that was provided to the appraisal district by the
individual in an application for an exemption under Section 11.13
on the property or in correspondence relating to the property; or
(2) the information provided by the office [Texas
Department] of the secretary of state [Public Safety] to the
appraisal district under Section 521.049, Transportation Code.
SECTION 115. The following laws are repealed:
(1) Article 102.022(a), Code of Criminal Procedure;
(2) Section 20.066(b), Election Code; and
(3) Section 411.0085, Government Code.
SECTION 116. (a) This section applies to the following
duties of the office of the secretary of state, as transferred by
this Act:
(1) the issuance of driver's licenses under Chapters
521 and 522, Transportation Code;
(2) the issuance of personal identification
certificates under Chapter 521, Transportation Code;
(3) the issuance of election identification
certificates under Chapter 521A, Transportation Code; and
(4) the registration of voters during the issuance or
renewal of a driver's license or personal identification
certificate.
(b) The Department of Public Safety shall contract with an
institution of higher education, as defined by Section 61.003,
Education Code, to conduct a study on the most effective use of
available state and county resources, including personnel,
property, and technology resources potentially available through
the adoption of intergovernmental agreements, to perform the duties
described by Subsection (a) of this section, prioritizing:
(1) customer service satisfaction, including reducing
wait times for customers to be issued driver's licenses, personal
identification certificates, and election identification
certificates;
(2) accessibility for citizens of this state,
including citizens residing in rural areas of this state, to
facilities performing the duties described by Subsection (a) of
this section; and
(3) administrative efficiency and cost savings.
(c) Not later than September 1, 2021, the Department of
Public Safety shall begin the process of advertising or otherwise
soliciting bids, proposals, offers, or qualifications for a
contract with an institution of higher education, as defined by
Section 61.003, Education Code, to conduct the study required by
Subsection (b) of this section.
(d) Not later than March 1, 2022, the institution of higher
education with which the Department of Public Safety contracts
under Subsection (b) of this section shall submit to the department
and the office of the secretary of state a report on the results of
the study conducted under Subsection (b) of this section and any
recommendations based on the study.
(e) The Department of Public Safety, the office of the
secretary of state, and the county tax assessor-collectors in this
state shall assist and provide input in the study conducted under
Subsection (b) of this section.
SECTION 117. (a) Effective January 1, 2023, the powers and
duties of the Department of Public Safety with regard to driver's
licenses, personal identification certificates, and other
miscellaneous programs, powers, and duties are transferred to the
office of the secretary of state in accordance with this Act.
(b) Effective January 1, 2023, all rules of the Department
of Public Safety relating to driver's licenses, personal
identification certificates, and other miscellaneous programs,
powers, and duties are continued in effect as rules of the office of
the secretary of state until superseded by a rule of the office of
the secretary of state. A license or certification issued by the
Department of Public Safety relating to driver's licenses, personal
identification certificates, and other miscellaneous programs,
powers, and duties is continued in effect as provided by the law in
effect immediately before the effective date of this Act. A
complaint, investigation, contested case, or other proceeding
relating to driver's licenses, personal identification
certificates, and other miscellaneous programs, powers, and duties
that is pending on the effective date of this Act is continued
without change in status after the effective date of this Act. An
activity conducted by the Department of Public Safety relating to
driver's licenses, personal identification certificates, and other
miscellaneous programs, powers, and duties is considered to be an
activity conducted by the office of the secretary of state.
(c) On September 1, 2021, or as soon as is possible after
that date, the public safety director of the Department of Public
Safety shall adopt a comprehensive plan to ensure the smooth
transition of all programs operated by the Department of Public
Safety relating to driver's licenses, personal identification
certificates, and other miscellaneous programs, powers, and duties
before January 1, 2023, from the Department of Public Safety to the
office of the secretary of state.
(d) As soon as practicable after the Department of Public
Safety and the office of the secretary of state receive the report
on the study conducted under Section 116 of this Act, the Department
of Public Safety and the office of the secretary of state shall
establish a work group to evaluate and revise, if necessary, the
comprehensive plan under Subsection (c) of this section to reflect
the recommendations made in the report that would provide for the
smooth transition of the programs described by that subsection.
SECTION 118. Effective January 1, 2023:
(1) all money, contracts, leases, rights, property,
records, and bonds and other obligations of the Department of
Public Safety relating to driver's licenses, personal
identification certificates, and other miscellaneous programs,
powers, and duties are transferred to the office of the secretary of
state; and
(2) an employee of the Department of Public Safety
Driver License Division and any employee of the Department of
Public Safety who primarily performs duties related to a power or
duty transferred under this Act become employees of the office of
the secretary of state.
SECTION 119. (a) The unobligated and unexpended balance of
any appropriations made to the Department of Public Safety in
connection with or relating to driver's licenses, personal
identification certificates, or other programs, powers, or duties
transferred under this Act, for the state fiscal biennium ending
August 31, 2023, is transferred to the office of the secretary of
state for the purpose of implementing the powers, duties,
obligations, and rights of action transferred to that department
under this Act.
(b) The Department of Public Safety shall continue, as
necessary, to perform the duties and functions being transferred to
the office of the secretary of state until the transfer of agency
duties and functions is complete.
SECTION 120. (a) The secretary of state and the Public
Safety Commission shall enter into or revise a joint memorandum of
understanding to coordinate the office of the secretary of state's
and the Department of Public Safety's information systems to allow
for the sharing of information so that each entity may effectively
and efficiently perform the functions and duties assigned to it.
Neither the office of the secretary of state nor the Department of
Public Safety may impose or collect a fee or charge in connection
with the sharing of information under the joint memorandum of
understanding entered into or revised under this section.
(b) The office of the secretary of state and the Department
of Public Safety shall implement the joint memorandum of
understanding using existing personnel and resources.
(c) Otherwise confidential information shared under the
memorandum of understanding remains subject to the same
confidentiality requirements and legal restrictions on access to
the information that are imposed by law on the entity that
originally obtained or collected the information.
(d) Information may be shared under the memorandum of
understanding without the consent of the person who is the subject
of the information.
SECTION 121. (a) In addition to the memorandum of
understanding required by this Act, the secretary of state and the
Public Safety Commission may enter into or revise one or more other
joint memoranda of understanding necessary to effect the transfer
of the powers and duties of the Department of Public Safety to the
office of the secretary of state under this Act. A memorandum of
understanding may include an agreement for the provision of office
space, utilities, and other facility services; the need for
full-time equivalent positions of the Department of Public Safety
to provide support services in addition to the positions
transferred to the office of the secretary of state under this Act;
other support services; and the transfer of information technology
as necessary or appropriate to effect the transfer of the powers and
duties of the Department of Public Safety to the office of the
secretary of state.
(b) Subsections (b), (c), and (d) of Section 120 of this Act
apply to a memorandum of understanding entered into or revised
under Subsection (a) of this section.
SECTION 122. An employee of the office of the secretary of
state employed by the office before the effective date of this Act
may not be transferred to perform the duties described by Section
116(a) of this Act. Only full-time equivalent positions for which
the 87th Legislature made appropriations to the office for the
purpose of administering those duties in S.B. No. 1 (General
Appropriations Act) or similar legislation of the 87th Legislature,
Regular Session, 2021, may perform those duties.
SECTION 123. As soon as practicable after the effective
date of this Act, the secretary of state shall adopt rules as
necessary to implement Section 521.009, Transportation Code, as
amended by this Act.
SECTION 124. To the extent of any conflict, this Act
prevails over another Act of the 87th Legislature, Regular Session,
2021, relating to nonsubstantive additions to and corrections in
enacted codes.
SECTION 125. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2021.