H.B. No. 2730
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AN ACT
  relating to the continuation and functions of the Department of
  Public Safety of the State of Texas and the Texas Private Security
  Board; providing a penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. CHANGES TO VEHICLE INSPECTION PROGRAM
         SECTION 1.01.  Section 548.006(i), Transportation Code, is
  amended to read as follows:
         (i)  The committee shall hold a meeting at least once [at
  least two meetings] each quarter [year].
         SECTION 1.02.  Subchapter A, Chapter 548, Transportation
  Code, is amended by adding Section 548.008 to read as follows:
         Sec. 548.008.  VEHICLE INSPECTION PROGRAM DIRECTOR. (a)
  The vehicle inspection program is managed by a program director.
  The program director may not be a commissioned officer.
         (b)  The office of the vehicle inspection program director
  must be located in Austin, Texas.
         (c)  The duties of the program director include:
               (1)  responsibility for the quality of the vehicle
  inspection program;
               (2)  coordination of the regional offices;
               (3)  compilation of regional and statewide performance
  data;
               (4)  the establishment of best practices and
  distribution of those practices to the regional offices;
               (5)  setting goals for the entire program, in
  consultation with the public safety director or the public safety
  director's designee, and setting goals for each regional office in
  consultation with the regional managers;
               (6)  monitoring the progress toward the goals set in
  Subdivision (5) and evaluating the program based on that progress;
  and
               (7)  coordination with the Texas Highway Patrol to
  enforce provisions related to vehicle inspection.
         (d)  The regional offices shall make reports as requested by
  the program director.
  ARTICLE 2. DIVISION OF EMERGENCY MANAGEMENT
  PART A. ORGANIZATION OF DIVISION
         SECTION 2A.01.  Section 418.004, Government Code, is amended
  by amending Subdivision (2) and adding Subdivision (9) to read as
  follows:
               (2)  "Division" means the Texas Division of Emergency
  Management [division of emergency management in the office of the
  governor].
               (9)  "Department" means the Department of Public Safety
  of the State of Texas.
         SECTION 2A.02.  Sections 418.041(a), (b), and (c),
  Government Code, are amended to read as follows:
         (a)  The Texas Division of Emergency Management [division of
  emergency management] is a division of the department [office of
  the governor].
         (b)  The division is managed by a chief [director] appointed
  by the public safety director of the department, with the approval
  of the governor. The chief [director] serves at the pleasure of the
  public safety director [governor]. The chief must possess
  professional training and knowledge consisting of not less than
  five years of managerial or strategic planning experience in
  matters relating to public safety, security, emergency services,
  and emergency response.
         (c)  At least once every two months, the following shall meet
  to coordinate efforts, prevent overlap of activities, and ensure
  that the state's approach to emergency management and homeland
  security is unified:
               (1)  a representative of the department;
               (2)  a representative of the division;
               (3)  a representative of the governor's office of
  homeland security;
               (4)  the presiding officer of the Homeland Security
  Council; and
               (5)  a state agency representative from the emergency
  management council, selected by the chair of the emergency
  management council. [The director shall appoint a state
  coordinator.]
         SECTION 2A.03.  Section 418.072, Government Code, is amended
  to read as follows:
         Sec. 418.072.  DISASTER EMERGENCY FUNDING BOARD. The
  disaster emergency funding board is composed of:
               (1)  the governor;
               (2)  the lieutenant governor;
               (3)  the commissioner of insurance;
               (4)  the executive commissioner of the Health and
  [Department of] Human Services Commission; and
               (5)  the chief [director] of the division.
         SECTION 2A.04.  Section 418.074(b), Government Code, is
  amended to read as follows:
         (b)  If a gift, grant, or loan is accepted by the state, the
  governor, or the emergency management council or chief of the
  division [state coordinator] if designated by the governor, may
  dispense the gift, grant, or loan directly to accomplish the
  purpose for which it was made or may allocate and transfer to a
  political subdivision services, equipment, supplies, materials, or
  funds in the amount the governor or the governor's designee may
  determine.
  PART B. OTHER AMENDMENTS, INCLUDING CONFORMING AMENDMENTS
  REFLECTING DIVISION'S NAME CHANGE
         SECTION 2B.01.  Section 12.0012, Agriculture Code, is
  amended to read as follows:
         Sec. 12.0012.  NOTIFICATION. The department shall, upon
  submission for publication, notify the Texas Division of Emergency
  Management [division of emergency management in the office of the
  governor] of each quarantine it adopts. The department shall
  thereafter cooperate with the Texas Division of Emergency
  Management [division of emergency management] in implementing any
  necessary safeguards to protect the state's agricultural resources
  from potential economic, health, or ecological disaster that may
  result from the quarantined pest or disease.
         SECTION 2B.02.  Sections 88.303(a) and (d), Education Code,
  are amended to read as follows:
         (a)  Notwithstanding any other law, during any period in
  which Texas Task Force 1 is activated by the Texas Division of
  Emergency Management [governor's division of emergency
  management], or during any training session sponsored or sanctioned
  by Texas Task Force 1, a participating nongovernment member or
  local government employee member is included in the coverage
  provided under Chapter 501, Labor Code, in the same manner as an
  employee, as defined by Section 501.001, Labor Code.
         (d)  Notwithstanding Section 412.0123, Labor Code, as added
  by Chapter 1098, Acts of the 75th Legislature, Regular Session,
  1997, the Texas Division of Emergency Management [governor's
  division of emergency management] shall reimburse the State Office
  of Risk Management for the actual medical and indemnity benefits
  paid on behalf of a covered member of Texas Task Force 1 at the
  beginning of the next state fiscal year occurring after the date the
  benefits are paid.
         SECTION 2B.03.  Section 418.014(e), Government Code, is
  amended to read as follows:
         (e)  An executive order or proclamation shall be
  disseminated promptly by means intended to bring its contents to
  the attention of the general public. An order or proclamation shall
  be filed promptly with the division [of emergency management], the
  secretary of state, and the county clerk or city secretary in each
  area to which it applies unless the circumstances attendant on the
  disaster prevent or impede the filing.
         SECTION 2B.04.  The heading to Subchapter C, Chapter 418,
  Government Code, is amended to read as follows:
  SUBCHAPTER C. TEXAS DIVISION OF EMERGENCY MANAGEMENT
         SECTION 2B.05.  Section 418.073(d), Government Code, is
  amended to read as follows:
         (d)  The [governor's] division [of emergency management]
  shall administer the disaster contingency fund and shall develop
  and implement rules and procedures for providing emergency
  assistance from the fund. The division shall annually report to the
  speaker of the house of representatives and the lieutenant governor
  expenditures from the fund, the overall status of the fund, and any
  changes to rules and procedures regarding the fund.
         SECTION 2B.051.  Subchapter C, Chapter 418, Government Code,
  is amended by adding Section 418.050 to read as follows:
         Sec. 418.050.  REENTRY CREDENTIALING PILOT PROGRAM.  (a)  
  The division shall consider implementing a pilot program for a
  reentry credentialing process for reentry into areas previously
  evacuated because of a disaster or threat of disaster.
         SECTION 2B.06.  Section 421.021(a), Government Code, is
  amended to read as follows:
         (a)  The Homeland Security Council is composed of the
  governor or the governor's designee, the speaker of the house of
  representatives or the speaker's designee, the lieutenant governor
  or the lieutenant governor's designee, and one representative of
  each of the following entities, appointed by the single statewide
  elected or appointed governing officer, administrative head, or
  chair, as appropriate, of the entity:
               (1)  Department of Agriculture;
               (2)  office of the attorney general;
               (3)  General Land Office;
               (4)  Public Utility Commission of Texas;
               (5)  Department of State Health Services;
               (6)  Department of Information Resources;
               (7)  Department of Public Safety of the State of Texas;
               (8)  Texas Division of Emergency Management [division
  of emergency management of the office of the governor];
               (9)  adjutant general's department;
               (10)  Texas Commission on Environmental Quality;
               (11)  Railroad Commission of Texas;
               (12)  Texas Strategic Military Planning Commission;
               (13)  Texas Department of Transportation;
               (14)  Commission on State Emergency Communications;
               (15)  Office of State-Federal Relations;
               (16)  secretary of state;
               (17)  Senate Committee on Transportation and Homeland
  Security;
               (18)  House Committee on Defense and Veterans' Affairs
  [and State-Federal Relations];
               (19)  Texas Animal Health Commission;
               (20)  Texas Association of Regional Councils;
               (21)  Texas Commission on Law Enforcement Officer
  Standards and Education;
               (22)  state fire marshal's office;
               (23)  Texas Education Agency;
               (24)  Texas Commission on Fire Protection;
               (25)  Parks and Wildlife Department;
               (26)  Texas Forest Service; and
               (27)  Texas Water Development Board.
         SECTION 2B.07.  Section 661.907(b), Government Code, is
  amended to read as follows:
         (b)  The number of certified disaster service volunteers who
  are eligible for leave under this section may not exceed 350 state
  employees at any one time during a fiscal year. The Texas Division
  of Emergency Management [division of emergency management in the
  governor's office] shall coordinate the establishment and
  maintenance of the list of eligible employees.
         SECTION 2B.08.  Section 661.919(b), Government Code, is
  amended to read as follows:
         (b)  The number of amateur radio operators who are eligible
  for leave under this section may not exceed 350 state employees at
  any one time during a state fiscal year.  The Texas Division of
  Emergency Management [division of emergency management in the
  governor's office] shall coordinate the establishment and
  maintenance of the list of eligible employees.
         SECTION 2B.09.  Section 501.001(5), Labor Code, is amended
  to read as follows:
               (5)  "Employee" means a person who is:
                     (A)  in the service of the state pursuant to an
  election, appointment, or express oral or written contract of hire;
                     (B)  paid from state funds but whose duties
  require that the person work and frequently receive supervision in
  a political subdivision of the state;
                     (C)  a peace officer employed by a political
  subdivision, while the peace officer is exercising authority
  granted under:
                           (i)  Article 2.12, Code of Criminal
  Procedure; or
                           (ii)  Articles 14.03(d) and (g), Code of
  Criminal Procedure;
                     (D)  a member of the state military forces, as
  defined by Section 431.001, Government Code, who is engaged in
  authorized training or duty; or
                     (E)  a Texas Task Force 1 member, as defined by
  Section 88.301, Education Code, who is activated by the Texas
  Division of Emergency Management [governor's division of emergency
  management] or is injured during [any] training [session] sponsored
  or sanctioned by Texas Task Force 1.
         SECTION 2B.10.  Sections 16.055(a) and (b), Water Code, are
  amended to read as follows:
         (a)  The chief [coordinator] of the Texas Division of
  Emergency Management [division of emergency management of the
  office of the governor] is the state drought manager. The state
  drought manager is responsible for managing and coordinating the
  drought response component of the state water plan.
         (b)  The drought preparedness council is created and shall
  meet as necessary to carry out the provisions of this section. The
  council is composed of one representative from each of the
  following entities, appointed by the administrative head of that
  entity:
               (1)  the Texas Division of Emergency Management
  [division of emergency management of the office of the governor];
               (2)  the board;
               (3)  the commission;
               (4)  the Parks and Wildlife Department;
               (5)  the Department of Agriculture;
               (6)  the Texas AgriLife [Agricultural] Extension
  Service;
               (7)  the State Soil and Water Conservation Board;
               (8)  the Texas Department of Housing and Community
  Affairs;
               (9)  the Texas Forest Service;
               (10)  the Texas Department of Transportation;
               (11)  the Texas Department of Economic Development; and
               (12)  a representative of groundwater management
  interests who is appointed by the governor.
         SECTION 2B.11.  Section 1(3), Chapter 350 (S.B. 1101), Acts
  of the 71st Legislature, Regular Session, 1989 (Article 6419c,
  Vernon's Texas Civil Statutes), is amended to read as follows:
               (3)  "Division of emergency management" means the Texas
  Division of Emergency Management [division of emergency management
  of the office of the governor].
         SECTION 2B.12.  A reference in law or a rule to the
  "governor's division of emergency management" or the "division of
  emergency management in the office of the governor" means the Texas
  Division of Emergency Management in the Department of Public Safety
  of the State of Texas.
  ARTICLE 3. ADMINISTRATIVE SUSPENSION OF DRIVER'S LICENSE
  FOR INTOXICATION OFFENSES
         SECTION 3.01.  Section 524.039, Transportation Code, is
  amended to read as follows:
         Sec. 524.039.  APPEARANCE OF TECHNICIANS AT HEARING. (a)
  Not [Notwithstanding Section 524.038, if not] later than the fifth
  day before the date of a scheduled hearing, [the department
  receives from] the person who requested a hearing may apply to the
  State Office of Administrative Hearings to issue a subpoena for the
  attendance [written notice, including a facsimile transmission,
  requesting the presence at the hearing] of the breath test operator
  who took the specimen of the person's breath to determine alcohol
  concentration or the certified breath test technical supervisor
  responsible for maintaining and directing the operation of the
  breath test instrument used to analyze the specimen of the person's
  breath, or both[, each requested person must appear at the
  hearing]. The State Office of Administrative Hearings shall issue
  the subpoena only on a showing of good cause.
         (b)  The department may reschedule a hearing once not less
  than 48 hours before the hearing if a [the] person subpoenaed
  [requested to attend] under Subsection (a) is unavailable. The
  department may also reschedule the hearing on showing good cause
  that a [the] person subpoenaed [requested] under Subsection (a) is
  not available at the time of the hearing.
         SECTION 3.02.  The changes in law made by this article by the
  amendment of Section 524.039, Transportation Code, apply only to a
  hearing conducted on or after September 1, 2009. A hearing
  conducted before September 1, 2009, is covered by the law in effect
  immediately before that date, and the former law is continued in
  effect for that purpose.
         SECTION 3.03.  This article takes effect September 1, 2009.
  ARTICLE 4. CHANGES TO PRIVATE SECURITY ACT
         SECTION 4.01.  Section 1702.002, Occupations Code, is
  amended by amending Subdivisions (2), (3), (5), (11), (12), (13),
  (17), (19), (20), and (21) and adding Subdivision (6-b) to read as
  follows:
               (2)  "Branch office" means an office that is:
                     (A)  identified to the public as a place from
  which business is conducted, solicited, or advertised; and
                     (B)  at a place other than the principal place of
  business as shown in board [commission] records.
               (3)  "Branch office license" means a permit issued by
  the board [commission] that entitles a person to operate at a branch
  office as a security services contractor or investigations company.
               (5)  "Commissioned security officer" means a security
  officer to whom a security officer commission has been issued by the
  board [commission].
               (6-b)  "Endorsement" means a permit entitling an
  individual holding a registration to perform a service regulated by
  this chapter for an appropriately licensed company.
               (11)  "Letter of authority" means a permit issued by
  the board [commission] that entitles the security department of a
  private business or a political subdivision to employ a
  commissioned security officer.
               (12)  "License" means a permit issued by the board
  [commission] that entitles a person to operate as a security
  services contractor or investigations company.
               (13)  "License holder" means a person to whom the board
  [commission] issues a license.
               (17)  "Personal protection officer endorsement
  [authorization]" means a permit issued by the board [commission]
  that entitles an individual to act as a personal protection
  officer.
               (19)  "Registrant" means an individual who has
  registered with the board [commission] under Section 1702.221.
               (20)  "Registration" means a permit issued by the board
  [commission] to an individual described by Section 1702.221.
               (21)  "Security officer commission" means an
  authorization issued by the board [commission] that entitles a
  security officer to carry a firearm.
         SECTION 4.02.  Section 1702.004, Occupations Code, is
  amended to read as follows:
         Sec. 1702.004.  GENERAL SCOPE OF REGULATION. (a) The board,
  in addition to performing duties required by other law or
  exercising powers granted by other law:
               (1)  licenses investigations companies and security
  services contractors;
               (2)  issues commissions to certain security officers;
               (3)  issues endorsements [authorizations] to certain
  security officers engaged in the personal protection of
  individuals;
               (4)  registers and endorses:
                     (A)  certain individuals connected with a license
  holder; and
                     (B)  certain individuals employed in a field
  connected to private investigation or private security; and
               (5)  regulates license holders, security officers,
  [and] registrants, and endorsement holders under this chapter.
         (b)  The board shall adopt rules necessary to comply with
  Chapter 53 [does not apply to this chapter or to any licensing,
  regulatory, or disciplinary determinations made under this
  chapter]. In its rules under this section, the board shall list the
  specific offenses for each category of regulated persons for which
  a conviction would constitute grounds for the board to take action
  under Section 53.021.
         SECTION 4.03.  The heading to Subchapter B, Chapter 1702,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER B. TEXAS [COMMISSION ON] PRIVATE SECURITY BOARD
         SECTION 4.04.  Section 1702.021, Occupations Code, is
  amended to read as follows:
         Sec. 1702.021.  BOARD [COMMISSION] MEMBERSHIP. (a) The
  Texas Private Security Board consists of seven members appointed by
  the governor with the advice and consent of the senate as follows:
               (1)  four public members, each of whom is a citizen of
  the United States;
               (2)  one member who is licensed under this chapter as a
  private investigator;
               (3)  one member who is licensed under this chapter as an
  alarm systems company; and
               (4)  one member who is licensed under this chapter as
  the owner or operator of a guard company.
         (b)  Appointments to the board [commission] shall be made
  without regard to the race, color, disability, sex, religion, age,
  or national origin of the appointee.
         [(c)     On presentation by a commission member of the
  constitutional oath taken by the member, together with the
  certificate of appointment, the secretary of state shall issue a
  commission to the member as evidence of the member's authority to
  act as a commission member.]
         SECTION 4.05.  Section 1702.023, Occupations Code, is
  amended to read as follows:
         Sec. 1702.023.  ELIGIBILITY OF PUBLIC MEMBERS. The board's
  [commission's] public members must be representatives of the
  general public. A person may not be a public member of the board
  [commission] if the person or the person's spouse:
               (1)  is registered, commissioned, certified, or
  licensed by a regulatory agency in the field of private
  investigations or private security;
               (2)  is employed by or participates in the management
  of a business entity or other organization regulated by or
  receiving money from the board [commission];
               (3)  owns or controls, directly or indirectly, more
  than a 10 percent interest in a business entity or other
  organization regulated by or receiving money from the board
  [commission]; or
               (4)  uses or receives a substantial amount of tangible
  goods, services, or money from the board [commission] other than
  compensation or reimbursement authorized by law for board
  [commission] membership, attendance, or expenses.
         SECTION 4.06.  Sections 1702.024(b) and (c), Occupations
  Code, are amended to read as follows:
         (b)  A person may not be a board [commission] member, and may
  not be a department [commission] employee whose primary duties
  include private security regulation and who is employed in a "bona
  fide executive, administrative, or professional capacity," as that
  phrase is used for purposes of establishing an exemption to the
  overtime provisions of the federal Fair Labor Standards Act of 1938
  (29 U.S.C. Section 201 et seq.), and its subsequent amendments, if:
               (1)  the person is an officer, employee, or paid
  consultant of a Texas trade association in the field of private
  investigation or private security; or
               (2)  the person's spouse is an officer, manager, or paid
  consultant of a Texas trade association in the field of private
  investigation or private security.
         (c)  A person may not be a board [commission] member or act as
  general counsel to the board [commission] or agency if the person is
  required to register as a lobbyist under Chapter 305, Government
  Code, because of the person's activities for compensation on behalf
  of a profession related to the operation of the agency.
         SECTION 4.07.  Section 1702.027, Occupations Code, is
  amended to read as follows:
         Sec. 1702.027.  GROUNDS FOR REMOVAL. (a) It is a ground for
  removal from the board [commission] that a member:
               (1)  does not have the qualifications required by
  Section 1702.021 at the time of taking office;
               (2)  does not maintain the qualifications required by
  Section 1702.021 during service on the board [commission];
               (3)  is ineligible for membership under Section
  1702.023 or 1702.024;
               (4)  cannot, because of illness or disability,
  discharge the member's duties for a substantial part of the member's
  term; or
               (5)  is absent from more than half of the regularly
  scheduled board [commission] meetings that the member is eligible
  to attend during a calendar year without an excuse approved by a
  majority vote of the board [commission].
         (b)  The validity of an action of the board [commission] is
  not affected by the fact that it is taken when a ground for removal
  of a board [commission] member exists.
         (c)  If the chief administrator [director] has knowledge
  that a potential ground for removal exists, the chief administrator
  [director] shall notify the presiding officer of the board
  [commission] of the potential ground. The presiding officer shall
  then notify the governor and the attorney general that a potential
  ground for removal exists. If the potential ground for removal
  involves the presiding officer, the chief administrator [director]
  shall notify the next highest ranking officer of the board
  [commission], who shall then notify the governor and the attorney
  general that a potential ground for removal exists.
         SECTION 4.08.  Section 1702.028, Occupations Code, is
  amended to read as follows:
         Sec. 1702.028.  PER DIEM; REIMBURSEMENT. (a) A board
  [commission] member is entitled to a per diem as set by legislative
  appropriation for each day the member engages in the business of the
  board [commission].
         (b)  A member is entitled to reimbursement for travel
  [transportation] expenses incurred while conducting board
  business, including expenses for transportation, meals, and
  lodging, as prescribed by the General Appropriations Act. [A
  member may not receive compensation for travel expenses, including
  expenses for meals and lodging, other than transportation
  expenses.]
         SECTION 4.09.  Section 1702.029, Occupations Code, is
  amended to read as follows:
         Sec. 1702.029.  MEETINGS. The board [commission] shall meet
  at regular intervals to be decided by the board [commission].
         SECTION 4.10.  Section 1702.030, Occupations Code, is
  amended to read as follows:
         Sec. 1702.030.  TRAINING. (a) A person who is appointed to
  and qualifies for office as a board [commission] member may not
  vote, deliberate, or be counted as a member in attendance at a board
  [commission] meeting until the person completes a training program
  that complies with this section.
         (b)  The training program must provide the person with
  information regarding:
               (1)  this chapter;
               (2)  the programs operated by the board [commission];
               (3)  the role and functions of the board [commission];
               (4)  the rules of the board [commission], with an
  emphasis on the rules that relate to disciplinary and investigatory
  authority;
               (5)  the current budget for the board [commission];
               (6)  the results of the most recent formal audit of the
  board [commission];
               (7)  the requirements of:
                     (A)  the open meetings law, Chapter 551,
  Government Code;
                     (B)  the public information law, Chapter 552,
  Government Code;
                     (C)  the administrative procedure law, Chapter
  2001, Government Code; and
                     (D)  other laws relating to public officials,
  including conflict of interest laws; and
               (8)  any applicable ethics policies adopted by the
  board [commission] or the Texas Ethics Commission.
         (c)  A person appointed to the board [commission] is entitled
  to reimbursement, as provided by the General Appropriations Act,
  for the travel expenses incurred in attending the training program
  regardless of whether the attendance at the program occurs before
  or after the person qualifies for office.
         SECTION 4.11.  The heading to Subchapter C, Chapter 1702,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER C. CHIEF ADMINISTRATOR [DIRECTOR] AND PERSONNEL
         SECTION 4.12.  Section 1702.041, Occupations Code, is
  amended to read as follows:
         Sec. 1702.041.  CHIEF ADMINISTRATOR [DIRECTOR]. (a) The
  [director is the] chief administrator is responsible for the
  administration of this chapter under the direction of the board
  [commission]. The chief administrator [director] shall perform
  duties as prescribed by the board and the department [commission].
         (b)  The chief administrator [director] is a full-time
  employee of the department [commission]. A board [commission]
  member may not serve as chief administrator [director].
         SECTION 4.13.  Section 1702.042, Occupations Code, is
  amended to read as follows:
         Sec. 1702.042.  PERSONNEL; CONFLICT OF INTEREST. An
  employee of the department whose primary duties include private
  security regulation [commission] may not:
               (1)  have a financial or business interest, contingent
  or otherwise, in a security services contractor or investigations
  company; or
               (2)  be licensed under this chapter.
         SECTION 4.14.  Section 1702.043, Occupations Code, is
  amended to read as follows:
         Sec. 1702.043.  DIVISION OF RESPONSIBILITIES. The board
  [commission] shall develop and implement policies that clearly
  separate the policy-making responsibilities of the board
  [commission] and the management responsibilities of the chief
  administrator [director] and staff of the department [commission].
         SECTION 4.15.  Section 1702.044, Occupations Code, is
  amended to read as follows:
         Sec. 1702.044.  QUALIFICATIONS AND STANDARDS OF CONDUCT
  INFORMATION. The chief administrator [director] or the chief
  administrator's [director's] designee shall provide to board
  [commission] members and to agency employees, as often as
  necessary, information regarding the requirements for office or
  employment under this chapter, including information regarding a
  person's responsibilities under applicable laws relating to
  standards of conduct for state officers or employees.
         SECTION 4.16.  The heading to Subchapter D, Chapter 1702,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER D. POWERS AND DUTIES OF BOARD [COMMISSION]
         SECTION 4.17.  Section 1702.061, Occupations Code, is
  amended to read as follows:
         Sec. 1702.061.  GENERAL POWERS AND DUTIES OF BOARD
  [COMMISSION]. (a) The board [Texas Commission on Private
  Security] shall perform the functions and duties provided by this
  chapter.
         (b)  The board [commission] shall adopt rules and general
  policies to guide the agency in the administration of this chapter.
         (c)  The rules and policies adopted by the board [commission]
  under Subsection (b) must be consistent with this chapter and other
  board [commission] rules adopted under this chapter and with any
  other applicable law, state rule, or federal regulation.
         (d)  The board [commission] has the powers and duties to:
               (1)  determine the qualifications of license holders,
  registrants, endorsement holders, and commissioned security
  officers;
               (2)  investigate alleged violations of this chapter and
  of board [commission] rules;
               (3)  adopt rules necessary to implement this chapter;
  and
               (4)  establish and enforce standards governing the
  safety and conduct of each person licensed, registered, or
  commissioned under this chapter.
         (e)  The board [commission] shall have a seal in the form
  prescribed by the board [commission].
         [(f)     The commission may commission investigators who are
  employed full-time by the commission as peace officers for the
  limited purpose of assisting the commission in investigating
  alleged violations of this chapter and of commission rules.]
         SECTION 4.18.  Subchapter D, Chapter 1702, Occupations Code,
  is amended by adding Section 1702.0612 to read as follows:
         Sec. 1702.0612.  NEGOTIATED RULEMAKING AND ALTERNATIVE
  DISPUTE RESOLUTION. (a) The board shall develop and implement a
  policy to encourage the use of:
               (1)  negotiated rulemaking procedures under Chapter
  2008, Government Code, for the adoption of board rules; and
               (2)  appropriate alternative dispute resolution
  procedures under Chapter 2009, Government Code, to assist in the
  resolution of internal and external disputes under the board's
  jurisdiction.
         (b)  The board's procedures relating to alternative dispute
  resolution must conform, to the extent possible, to any model
  guidelines issued by the State Office of Administrative Hearings
  for the use of alternative dispute resolution by state agencies.
         (c)  The board shall designate a trained person to:
               (1)  coordinate the implementation of the policy
  adopted under Subsection (a);
               (2)  serve as a resource for any training needed to
  implement the procedures for negotiated rulemaking or alternative
  dispute resolution; and
               (3)  collect data concerning the effectiveness of those
  procedures, as implemented by the board.
         SECTION 4.19.  Section 1702.062, Occupations Code, is
  amended to read as follows:
         Sec. 1702.062.  FEES. (a) The board [commission] by rule
  shall establish reasonable and necessary fees that produce
  sufficient revenue to administer this chapter. The fees may not
  produce unnecessary fund balances. [and may not exceed the
  following amounts:
         [Class A license$350 (original and renewal)
         [Class B license$400 (original and renewal)
         [Class C license$540 (original and renewal)
         [Class D license$400 (original and renewal)
         [Reinstate suspended license$150
         [Assignment of license$150
         [Change name of license$ 75
         [Delinquency fee__
         [Branch office certificate and renewal$300
         [Registration fee for private investigator, manager, branch
  office manager, locksmith, electronic access control device
  installer, and alarm systems installer $ 30 (original and renewal)
         [Registration fee for noncommissioned security officer$ 30
  (original and renewal)
         [Registration fee for security salesperson$ 30
         [Registration fee for alarm systems monitor$ 30
         [Registration fee for dog trainer$ 30
         [Registration fee for owner, officer, partner, or
  shareholder of a license holder $ 50
         [Registration fee for security consultant$300
         [Registration fee for employee of license holder$ 30
         [Security officer commission fee$ 50
  (original and renewal)
         [School instructor fee$100
  (original and renewal)
         [School approval fee$350
  (original and renewal)
         [Letter of authority fee for private business and political
  subdivision $400
         [Letter of authority renewal fee for private business and
  political subdivision $225
         [Letter of authority fee for commissioned officer,
  noncommissioned officer, or personal protection officer for
  political subdivision $ 10
         [FBI fingerprint check$ 25
         [Duplicate pocket card$ 10
         [Employee information update fee$ 15
         [Burglar alarm sellers renewal fee$ 30
         [Personal protection officer authorization$ 50]
         (b)  The board [In addition to other fees established under
  this chapter, the commission] may charge a fee each time the board
  [commission] requires a person regulated under this chapter to
  resubmit a set of fingerprints for processing by the board
  [commission] during the application process for a license,
  registration, endorsement, or commission. The board [commission]
  shall set the fee in an amount that is reasonable and necessary to
  cover the [commission's] administrative expenses related to
  processing the fingerprints.
         (c)  A person whose pocket card has not expired is not
  eligible to receive from the board [commission] another pocket card
  in the same classification in which the pocket card is held.
         SECTION 4.20.  The heading to Section 1702.063, Occupations
  Code, is amended to read as follows:
         Sec. 1702.063.  BOARD [COMMISSION] USE OF FINES.
         SECTION 4.21.  Section 1702.0635, Occupations Code, is
  amended to read as follows:
         Sec. 1702.0635.  RESTRICTIONS ON CERTAIN RULES. The board
  [commission] may not adopt rules or establish unduly restrictive
  experience or education requirements that limit a person's ability
  to be licensed as an electronic access control device company or be
  registered as an electronic access control device installer.
         SECTION 4.22.  Section 1702.064, Occupations Code, is
  amended to read as follows:
         Sec. 1702.064.  RULES RESTRICTING ADVERTISING OR
  COMPETITIVE BIDDING. (a) The board [commission] may not adopt
  rules restricting advertising or competitive bidding by a person
  regulated by the board [commission] except to prohibit false,
  misleading, or deceptive practices by the person.
         (b)  The board [commission] may not include in its rules to
  prohibit false, misleading, or deceptive practices by a person
  regulated by the board [commission] a rule that:
               (1)  restricts the person's use of any medium for
  advertising;
               (2)  restricts the person's personal appearance or use
  of the person's personal voice in an advertisement;
               (3)  relates to the size or duration of an
  advertisement by the person; or
               (4)  restricts the person's advertisement under a trade
  name.
         SECTION 4.23.  Section 1702.0645, Occupations Code, is
  amended to read as follows:
         Sec. 1702.0645.  PAYMENT OF FEES AND FINES. (a) The board
  [commission] may adopt rules regarding the method of payment of a
  fee or a fine assessed under this chapter.
         (b)  Rules adopted under this section may:
               (1)  authorize the use of electronic funds transfer or
  a valid credit card issued by a financial institution chartered by a
  state or the federal government or by a nationally recognized
  credit organization approved by the board [commission]; and
               (2)  require the payment of a discount or a reasonable
  service charge for a credit card payment in addition to the fee or
  the fine.
         SECTION 4.24.  Section 1702.066, Occupations Code, is
  amended to read as follows:
         Sec. 1702.066.  SERVICE OF PROCESS; SERVICE OF DOCUMENTS ON
  BOARD [COMMISSION]. Legal process and documents required by law to
  be served on or filed with the board [commission] must be served on
  or filed with the chief administrator [director] at the designated
  office of the board [commission].
         SECTION 4.25.  Section 1702.067, Occupations Code, is
  amended to read as follows:
         Sec. 1702.067.  BOARD [COMMISSION] RECORDS; EVIDENCE. An
  official record of the board [commission] or an affidavit by the
  chief administrator [director] as to the content of the record is
  prima facie evidence of a matter required to be kept by the board
  [commission].
         SECTION 4.26.  Section 1702.068, Occupations Code, is
  amended to read as follows:
         Sec. 1702.068.  APPEAL BOND NOT REQUIRED. The board
  [commission] is not required to give an appeal bond in any cause
  arising under this chapter.
         SECTION 4.27.  Section 1702.081, Occupations Code, is
  amended to read as follows:
         Sec. 1702.081.  PUBLIC INTEREST INFORMATION. (a) The board
  [commission] shall prepare information of interest to consumers or
  recipients of services regulated under this chapter describing the
  board's [commission's] regulatory functions and the procedures by
  which complaints are filed with and resolved by the board
  [commission].
         (b)  The board [commission] shall make the information
  available to the public and appropriate state agencies.
         SECTION 4.28.  Sections 1702.082(a), (b), (c), and (d),
  Occupations Code, are amended to read as follows:
         (a)  The board [commission by rule shall establish methods by
  which consumers and service recipients are notified of the name,
  mailing address, and telephone number of the commission for the
  purpose of directing complaints to the commission. The commission
  may provide for that notice:
               [(1)     on each registration form, application, or
  written contract for services of a person regulated under this
  chapter;
               [(2)     on a sign prominently displayed in the place of
  business of each person regulated under this chapter; or
               [(3)     in a bill for services provided by a person
  regulated under this chapter.
         [(b)  The commission] shall maintain a system to promptly and
  efficiently act on complaints [file on each written complaint]
  filed with the board [commission]. The board shall maintain
  information about parties to the complaint, [file must include:
               [(1)  the name of the person who filed the complaint;
               [(2)     the date the complaint is received by the
  commission;
               [(3)]  the subject matter of the complaint, [;
               [(4)     the name of each person contacted in relation to
  the complaint;
               [(5)]  a summary of the results of the review or
  investigation of the complaint, [;] and its disposition
               [(6)     an explanation of the reason the file was closed,
  if the agency closed the file without taking action other than to
  investigate the complaint].
         (b) [(c)]  The board [commission] shall make information
  available describing its [provide to the person filing the
  complaint a copy of the commission's policies and] procedures for
  [relating to] complaint investigation and resolution.
         (c)  The board shall periodically notify the complaint
  parties of the status of the complaint until final disposition.
  [(d)     Unless it would jeopardize an undercover investigation, the
  commission shall provide to each person who is a subject of the
  complaint a copy of the commission's policies and procedures
  relating to complaint investigation and resolution.]
         SECTION 4.29.  Section 1702.083, Occupations Code, is
  amended to read as follows:
         Sec. 1702.083.  PUBLIC PARTICIPATION. The board
  [commission] shall develop and implement policies that provide the
  public with a reasonable opportunity to appear before the board
  [commission] and to speak on any issue under the board's
  [commission's] jurisdiction.
         SECTION 4.30.  Section 1702.084, Occupations Code, is
  amended to read as follows:
         Sec. 1702.084.  PUBLIC ACCESS TO CERTAIN RECORDS OF
  DISCIPLINARY ACTIONS. (a) The board [commission] shall make
  available to the public through a toll-free telephone number,
  Internet website, or other easily accessible medium determined by
  the board [commission] the following information relating to a
  disciplinary action taken during the preceding three years
  regarding a person regulated by the board [commission]:
               (1)  the identity of the person;
               (2)  the nature of the complaint that was the basis of
  the disciplinary action taken against the person; and
               (3)  the disciplinary action taken by the board
  [commission].
         (b)  In providing the information, the board [commission]
  shall present the information in an impartial manner, use language
  that is commonly understood, and, if possible, avoid jargon
  specific to the security industry.
         (c)  The board [commission] shall update the information on a
  monthly basis.
         (d)  The board [commission] shall maintain the
  confidentiality of information regarding the identification of a
  complainant.
         SECTION 4.31.  Section 1702.103, Occupations Code, is
  amended to read as follows:
         Sec. 1702.103.  CLASSIFICATION AND LIMITATION OF LICENSES.
  (a) The license classifications are:
               (1)  Class A: investigations company license, covering
  operations of an investigations company;
               (2)  Class B: security services contractor license,
  covering operations of a security services contractor;
               (3)  Class C: covering the operations included within
  Class A and Class B; [and]
               (4)  Class F: level III training school license;
               (5)  Class O: alarm level I training school license;
               (6)  Class P: private business letter of authority
  license;
               (7)  Class X: government letter of authority license;
  and
               (8)  Class T: telematics license [Class D: electronic
  access control device license, covering operations of an electronic
  access control device company].
         (b)  A [Class A, B, C, or D] license described by this chapter
  does not authorize the license holder to perform a service for which
  the license holder has not qualified. A person may not engage in an
  operation outside the scope of that person's license. The board
  [commission] shall indicate on the license the services the license
  holder is authorized to perform. The license holder may not perform
  a service unless it is indicated on the license.
         (c)  A license is not assignable unless the assignment is
  approved in advance by the board [commission].
         (d)  The board [commission] shall prescribe by rule the
  procedure under which a license may be terminated.
         (e)  The board by rule may establish other license
  classifications for activities expressly regulated by this chapter
  and may establish qualifications and practice requirements
  consistent with this chapter for those license classifications.
         SECTION 4.32.  Section 1702.104, Occupations Code, is
  amended to read as follows:
         Sec. 1702.104.  INVESTIGATIONS COMPANY.  (a)  A person acts
  as an investigations company for the purposes of this chapter if the
  person:
               (1)  engages in the business of obtaining or
  furnishing, or accepts employment to obtain or furnish, information
  related to:
                     (A)  crime or wrongs done or threatened against a
  person, state, or the United States;
                     (B)  the identity, habits, business, occupation,
  knowledge, efficiency, loyalty, movement, location, affiliations,
  associations, transactions, acts, reputation, or character of a
  person;
                     (C)  the location, disposition, or recovery of
  lost or stolen property; or
                     (D)  the cause or responsibility for a fire,
  libel, loss, accident, damage, or injury to a person or to property;
               (2)  engages in the business of securing, or accepts
  employment to secure, evidence for use before a court, board,
  officer, or investigating committee;
               (3)  engages in the business of securing, or accepts
  employment to secure, the electronic tracking of the location of an
  individual or motor vehicle other than for criminal justice
  purposes by or on behalf of a governmental entity; or
               (4)  engages in the business of protecting, or accepts
  employment to protect, an individual from bodily harm through the
  use of a personal protection officer.
         (b)  For purposes of Subsection (a)(1), obtaining or
  furnishing information includes information obtained or furnished
  through the review and analysis of, and the investigation into the
  content of, computer-based data not available to the public.  The
  repair or maintenance of a computer does not constitute an
  investigation for purposes of this section and does not require
  licensing under this chapter if:
               (1)  the review or analysis of computer-based data is
  performed only to diagnose a computer or software problem;
               (2)  there is no intent to obtain or furnish
  information described by Subsection (a)(1); and
               (3)  the discovery of any information described by
  Subsection (a)(1) is inadvertent.
         SECTION 4.33.  Section 1702.111, Occupations Code, is
  amended to read as follows:
         Sec. 1702.111.  ISSUANCE OF BRANCH OFFICE LICENSE. (a) A
  license holder, in accordance with Section 1702.129, shall notify
  the board [commission] in writing of the establishment of a branch
  office and file in writing with the board [commission] the address
  of the branch office.
         (b)  On application by a license holder, the board
  [commission] shall issue a branch office license.
         SECTION 4.34.  Sections 1702.113(a) and (c), Occupations
  Code, are amended to read as follows:
         (a)  An applicant for a license, certificate of
  registration, endorsement, or security officer commission or the
  applicant's manager must be at least 18 years of age and must not:
               (1)  [have been convicted in any jurisdiction of two or
  more felony offenses, unless full pardons have been granted for all
  convictions for reasons relating to wrongful convictions;
               [(2)     have been convicted in any jurisdiction of any of
  the following:
                     [(A)     a single felony or equivalent offense for
  which the 20th anniversary of the date of conviction has not
  occurred before the date of application, unless a full pardon has
  been granted for reasons relating to a wrongful conviction; or
                     [(B)     a Class A misdemeanor or equivalent offense
  for which the 10th anniversary of the date of conviction has not
  occurred before the date of application, unless a full pardon has
  been granted for reasons relating to a wrongful conviction;
               [(3)]  at the time of application be charged with the
  commission of a Class A misdemeanor or felony offense, under an
  information or indictment;
               [(4)     in the 10 years preceding the date of
  application, have been adjudicated as having engaged in delinquent
  conduct violating a penal law of the grade of felony;]
               (2) [(5)]  have been found by a court to be incompetent
  by reason of a mental defect or disease and not have been restored
  to competency;
               (3) [(6)]  have been dishonorably discharged from the
  United States armed services, discharged from the United States
  armed services under other conditions determined by the board to be
  prohibitive, or dismissed from the United States armed services if
  a commissioned officer in the United States armed services; or
               (4) [(7)]  be required to register in this or any other
  state as a sex offender, unless the applicant is approved by the
  board under Section 1702.3615.
         (c)  For purposes of this section, an offense under the laws
  of this state, another state, or the United States is considered[:
               [(1)  a felony if the offense:
                     [(A)     at the time of conviction was designated by
  a law of this state as a felony, including a state jail felony;
                     [(B)     contains all the elements of an offense
  designated by a law of this state as a felony, including a state
  jail felony; or
                     [(C)     is punishable by confinement for one year or
  more in a penitentiary;
               [(2)     a Class A misdemeanor if the offense is not a
  felony and the offense:
                     [(A)     at the time of conviction was designated by
  a law of this state as a Class A misdemeanor;
                     [(B)     contains all the elements of an offense
  designated by a law of this state as a Class A misdemeanor; or
                     [(C)     provides as a possible punishment
  confinement in a jail other than a state jail felony facility; or
               [(3)]  a Class B misdemeanor if the offense is not a
  felony or Class A misdemeanor and the offense:
               (1) [(A)]  at the time of conviction was designated by
  a law of this state as a Class B misdemeanor;
               (2) [(B)]  contains all the elements of an offense
  designated by a law of this state as a Class B misdemeanor; or
               (3) [(C)]  provides as a possible punishment
  confinement in a jail other than a state jail felony facility.
         SECTION 4.35.  Section 1702.114, Occupations Code, is
  amended to read as follows:
         Sec. 1702.114.  ADDITIONAL QUALIFICATIONS FOR
  INVESTIGATIONS COMPANY LICENSE. (a) An applicant for a license to
  engage in the business of an investigations company or the
  applicant's manager must have, before the date of the application,
  three consecutive years' experience in the investigative field as
  an employee, manager, or owner of an investigations company or
  satisfy other requirements set by the board [commission].
         (b)  The applicant's experience must be:
               (1)  reviewed by the board [commission] or the chief
  administrator [director]; and
               (2)  determined to be adequate to qualify the applicant
  to engage in the business of an investigations company.
         SECTION 4.36.  Section 1702.115, Occupations Code, is
  amended to read as follows:
         Sec. 1702.115.  ADDITIONAL QUALIFICATIONS FOR SECURITY
  SERVICES CONTRACTOR LICENSE. (a) An applicant for a license to
  engage in the business of a security services contractor or the
  applicant's manager must have, before the date of the application,
  two consecutive years' experience in each security services field
  for which the person applies as an employee, manager, or owner of a
  security services contractor or satisfy other requirements set by
  the board [commission].
         (b)  The applicant's experience must have been obtained
  legally and must be:
               (1)  reviewed by the board [commission] or the chief
  administrator [director]; and
               (2)  determined to be adequate to qualify the applicant
  to engage in the business of a security services contractor.
         SECTION 4.37.  Section 1702.116, Occupations Code, is
  amended to read as follows:
         Sec. 1702.116.  QUALIFICATIONS FOR GUARD DOG COMPANY
  LICENSE; INSPECTIONS. (a) An applicant for a license to engage in
  the business of a guard dog company must:
               (1)  meet the requirements of Sections 1702.113 and
  1702.115; and
               (2)  present evidence satisfactory to the board
  [commission] that the applicant will comply with the rules adopted
  under this section.
         (b)  After consulting the [Texas] Department of State Health
  Services, the board [commission] shall adopt rules to ensure that
  the areas in which a guard dog company houses, exercises, or trains
  its animals are securely enclosed by a six-foot chain-link fence or
  made equally secure.
         (c)  The board [commission] shall conduct regular
  inspections to ensure compliance with the rules adopted under this
  section.
         SECTION 4.38.  Sections 1702.117(a), (c), and (d),
  Occupations Code, are amended to read as follows:
         (a)  The board [commission] shall require an applicant for a
  license under this chapter or the applicant's manager to
  demonstrate qualifications in the person's license classification,
  including knowledge of applicable state laws and board [commission]
  rules, by taking an examination to be determined by the board 
  [commission].
         (c)  The board [commission] shall set the reexamination fee
  in an amount not to exceed the amount of the renewal fee for the
  license classification for which application was made.
         (d)  The board [commission] shall develop and provide to a
  person who applies to take the examination under Subsection (a)
  material containing all applicable state laws and board 
  [commission] rules.
         SECTION 4.39.  Section 1702.118, Occupations Code, is
  amended to read as follows:
         Sec. 1702.118.  EXAMINATION RESULTS. (a) Not later than the
  30th day after the date a person takes a licensing examination under
  this chapter, the board [commission] shall notify the person of the
  examination results.
         (b)  If an examination is graded or reviewed by a testing
  service:
               (1)  the board [commission] shall notify the person of
  the examination results not later than the 14th day after the date
  the board [commission] receives the results from the testing
  service; and
               (2)  if notice of the examination results will be
  delayed for longer than 90 days after the examination date, the
  board [commission] shall notify the person of the reason for the
  delay before the 90th day.
         (c)  The board [commission] may require a testing service to
  notify a person of the results of the person's examination.
         (d)  If requested in writing by a person who fails a
  licensing examination administered under this chapter, the board
  [commission] shall furnish the person with an analysis of the
  person's performance on the examination.
         SECTION 4.40.  Section 1702.1183, Occupations Code, is
  amended to read as follows:
         Sec. 1702.1183.  RECIPROCAL LICENSE FOR CERTAIN FOREIGN
  APPLICANTS. (a) The board [commission] may waive any prerequisite
  to obtaining a license for an applicant who holds a license issued
  by another jurisdiction with which this state has a reciprocity
  agreement.
         (b)  The board [commission] may make an agreement, subject to
  the approval of the governor, with another state to allow for
  licensing by reciprocity.
         SECTION 4.41.  Section 1702.1186, Occupations Code, is
  amended to read as follows:
         Sec. 1702.1186.  PROVISIONAL LICENSE. (a) The board
  [commission] may issue a provisional license to an applicant
  currently licensed in another jurisdiction who seeks an equivalent
  license in this state and who:
               (1)  has been licensed in good standing as an
  investigations company or security services contractor for at least
  two years in another jurisdiction, including a foreign country,
  that has licensing requirements substantially equivalent to the
  requirements of this chapter;
               (2)  has passed a national or other examination
  recognized by the board [commission] relating to the practice of
  private investigations or security services contracting; and
               (3)  is sponsored by a person licensed by the board
  [commission] under this chapter with whom the provisional license
  holder will practice during the time the person holds a provisional
  license.
         (b)  A provisional license is valid until the date the board
  [commission] approves or denies the provisional license holder's
  application for a license. The board [commission] shall issue a
  license under this chapter to the provisional license holder if:
               (1)  the provisional license holder is eligible to be
  licensed under Section 1702.1183; or
               (2)  the provisional license holder:
                     (A)  passes the part of the examination under
  Section 1702.117(a) that relates to the applicant's knowledge and
  understanding of the laws and rules relating to the practice of an
  investigations company or security services contractor in this
  state;
                     (B)  is verified by the board [commission] as
  meeting the academic and experience requirements for a license
  under this chapter; and
                     (C)  satisfies any other licensing requirements
  under this chapter.
         (c)  The board [commission] must approve or deny a
  provisional license holder's application for a license not later
  than the 180th day after the date the provisional license is issued.
  The board [commission] may extend the 180-day period if the results
  of an examination have not been received by the board [commission]
  before the end of that period.
         (d)  The board [commission] may establish a fee for
  provisional licenses in an amount reasonable and necessary to cover
  the cost of issuing the license.
         SECTION 4.42.  Section 1702.120(b), Occupations Code, is
  amended to read as follows:
         (b)  An individual may not apply to the board [commission] to
  serve as manager of an investigations company, guard company, alarm
  systems company, armored car company, courier company, or guard dog
  company without the intent to maintain that supervisory position on
  a daily basis for that company.
         SECTION 4.43.  Section 1702.122, Occupations Code, is
  amended to read as follows:
         Sec. 1702.122.  TEMPORARY CONTINUATION OF LICENSE HOLDER'S
  BUSINESS. Under the terms provided by board [commission] rule, a
  license holder's business may continue for a temporary period if
  the individual on the basis of whose qualifications a license under
  this chapter has been obtained ceases to be connected with the
  license holder.
         SECTION 4.44.  Section 1702.123, Occupations Code, is
  amended to read as follows:
         Sec. 1702.123.  INSURANCE; BOND. (a) A license holder shall
  maintain on file with the board [commission] at all times the surety
  bond and certificate of insurance required by this chapter.
         (b)  The board [commission] shall immediately suspend the
  license of a license holder who violates Subsection (a).
         (c)  The board [commission] may rescind the license
  suspension if the license holder provides proof to the board
  [commission] that the bond or the insurance coverage is still in
  effect. The license holder must provide the proof in a form
  satisfactory to the board [commission] not later than the 10th day
  after the date the license is suspended.
         (d)  After suspension of the license, the board [commission]
  may not reinstate the license until an application, in the form
  prescribed by the board [commission], is filed accompanied by a
  proper bond, insurance certificate, or both. The board
  [commission] may deny the application notwithstanding the
  applicant's compliance with this section:
               (1)  for a reason that would justify suspending,
  revoking, or denying a license; or
               (2)  if, during the suspension, the applicant performs
  a practice for which a license is required.
         SECTION 4.45.  Section 1702.125, Occupations Code, is
  amended to read as follows:
         Sec. 1702.125.  BOND REQUIREMENT. A bond executed and filed
  with the board [commission] under this chapter remains in effect
  until the surety terminates future liability by providing to the
  board [commission] at least 30 days' notice of the intent to
  terminate liability.
         SECTION 4.46.  Section 1702.129, Occupations Code, is
  amended to read as follows:
         Sec. 1702.129.  NOTICE OF CERTAIN CHANGES; BRANCH OFFICES.
  (a) A license holder shall notify the board [commission] not later
  than the 14th day after the date of:
               (1)  a change of address for the license holder's
  principal place of business;
               (2)  a change of a name under which the license holder
  does business; or
               (3)  a change in the license holder's officers or
  partners.
         (b)  A license holder shall notify the board [commission] in
  writing not later than the 14th day after the date a branch office:
               (1)  is established;
               (2)  is closed; or
               (3)  changes address or location.
         SECTION 4.47.  Section 1702.131, Occupations Code, is
  amended to read as follows:
         Sec. 1702.131.  ADVERTISING. An advertisement by a license
  holder soliciting or advertising business must contain the license
  holder's company name and address as stated in board [commission]
  records.
         SECTION 4.48.  Section 1702.161(b), Occupations Code, is
  amended to read as follows:
         (b)  An individual employed as a security officer may not
  knowingly carry a firearm during the course of performing duties as
  a security officer unless the board [commission] has issued a
  security officer commission to the individual.
         SECTION 4.49.  Section 1702.162, Occupations Code, is
  amended to read as follows:
         Sec. 1702.162.  EMPLOYER'S APPLICATION FOR SECURITY OFFICER
  COMMISSION. The employer of a security officer who applies for a
  security officer commission for the officer must submit an
  application to the board [commission] on a form provided by the
  board [commission].
         SECTION 4.50.  Section 1702.165, Occupations Code, is
  amended to read as follows:
         Sec. 1702.165.  ISSUANCE OF SECURITY OFFICER COMMISSION;
  POCKET CARD. (a) The board [commission], with the concurrence of
  the department [Texas Department of Public Safety]:
               (1)  may issue a security officer commission to an
  individual employed as a uniformed security officer; and
               (2)  shall issue a security officer commission to a
  qualified employee of an armored car company that is a carrier
  conducting the armored car business under a federal or state permit
  or certificate.
         (b)  A security officer commission issued under this section
  must be in the form of a pocket card designed by the board
  [commission] that identifies the security officer.
         SECTION 4.51.  Section 1702.167, Occupations Code, is
  amended to read as follows:
         Sec. 1702.167.  TERMINATION OF EMPLOYMENT AS COMMISSIONED
  SECURITY OFFICER; TRANSFER OF COMMISSION. The holder of a security
  officer commission who terminates employment with one employer may
  transfer the individual's commission to a new employer if, not
  later than the 14th day after the date the individual begins the new
  employment, the new employer notifies the board [commission] of the
  transfer of employment on a form prescribed by the board
  [commission], accompanied by payment of the employee information
  update fee.
         SECTION 4.52.  Sections 1702.1675(a), (b), (c), (d), (e),
  (f), and (i), Occupations Code, are amended to read as follows:
         (a)  The board [commission] shall establish a basic training
  course for commissioned security officers. The course must
  include, at a minimum:
               (1)  general security officer training issues;
               (2)  classroom instruction on handgun proficiency; and
               (3)  range instruction on handgun proficiency.
         (b)  The course must be offered and taught by schools and
  instructors approved by the board [commission]. To receive board
  [commission] approval, a school or an instructor must submit an
  application to the board [commission] on a form provided by the
  board [commission].
         (c)  The basic training course approved by the board
  [commission] must consist of a minimum of 30 hours.
         (d)  The general security officer training portion of the
  course must include instruction on:
               (1)  board [commission] rules and applicable state
  laws;
               (2)  field note taking and report writing; and
               (3)  any other topics of security officer training
  curriculum the board [commission] considers necessary.
         (e)  The board [commission] shall develop a commissioned
  security officer training manual that contains applicable state
  laws and board [commission] rules to be used in the instruction and
  training of commissioned security officers.
         (f)  The board [commission] shall adopt rules necessary to
  administer the provisions of this section concerning the training
  requirements of this chapter.
         (i)  The board [commission] by rule shall establish minimum
  standards for handgun proficiency that are at least as stringent as
  the standards for handgun proficiency developed by the public
  safety director under Section 411.188, Government Code.
         SECTION 4.53.  Section 1702.168, Occupations Code, is
  amended to read as follows:
         Sec. 1702.168.  FIREARM REQUIREMENTS. (a) In addition to
  the requirements of Section 1702.163(a), the board [commission] by
  rule shall establish other qualifications for individuals who are
  employed in positions requiring the carrying of firearms. The
  qualifications may include:
               (1)  physical and mental standards;
               (2)  standards of good moral character; and
               (3)  other requirements that relate to the competency
  and reliability of individuals to carry firearms.
         (b)  The board [commission] shall prescribe appropriate
  forms and adopt rules by which evidence is presented that the
  requirements are fulfilled.
         SECTION 4.54.  Sections 1702.1685(b) and (d), Occupations
  Code, are amended to read as follows:
         (b)  Only a board-approved [commission-approved] instructor
  may administer the handgun proficiency examination.
         (d)  The school shall maintain the records of the required
  proficiency and make the records available for inspection by the
  board [commission].
         SECTION 4.55.  Section 1702.171, Occupations Code, is
  amended to read as follows:
         Sec. 1702.171.  SECURITY OFFICER COMMISSION RECORDS. The
  board [commission] shall adopt rules for the maintenance of records
  relating to an individual to whom the board [commission] has issued
  a security officer commission.
         SECTION 4.56.  Section 1702.183, Occupations Code, is
  amended to read as follows:
         Sec. 1702.183.  APPLICATION FOR LETTER OF AUTHORITY. A
  security department of a private business or of a political
  subdivision that applies for a security officer commission for an
  individual employed by the security department must submit an
  application to the board [commission] for a letter of authority on a
  form provided by the board [commission].
         SECTION 4.57.  The heading to Subchapter I, Chapter 1702,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER I. PERSONAL PROTECTION OFFICER ENDORSEMENT
  [AUTHORIZATION] REQUIREMENTS
         SECTION 4.58.  Section 1702.203, Occupations Code, is
  amended to read as follows:
         Sec. 1702.203.  APPLICATION FOR PERSONAL PROTECTION OFFICER
  ENDORSEMENT [AUTHORIZATION]. An applicant for a personal
  protection officer endorsement [authorization] must submit a
  written application on a form prescribed by the board [commission].
         SECTION 4.59.  Section 1702.204, Occupations Code, is
  amended to read as follows:
         Sec. 1702.204.  PERSONAL PROTECTION OFFICER ENDORSEMENT
  [AUTHORIZATION]; QUALIFICATIONS. (a) An applicant for a personal
  protection officer endorsement [authorization] must be at least 21
  years of age and must provide:
               (1)  a certificate of completion of the basic security
  officer training course;
               (2)  proof that the applicant:
                     (A)  has been issued a security officer
  commission;
                     (B)  is employed at the time of application by an
  investigations company or guard company licensed by the board
  [commission]; and
                     (C)  has completed the required training in
  nonlethal self-defense or defense of a third person; and
               (3)  proof of completion and the results of the
  Minnesota Multiphasic Personality Inventory psychological testing.
         (b)  The board [commission] by rule shall require an
  applicant for a personal protection officer endorsement
  [authorization] to complete the Minnesota Multiphasic Personality
  Inventory test. The board [commission] may use the results of the
  test to evaluate the applicant's psychological fitness.
         SECTION 4.60.  Section 1702.205(a), Occupations Code, is
  amended to read as follows:
         (a)  The board [commission] shall establish a 15-hour course
  for a personal protection officer consisting of training in
  nonlethal self-defense or defense of a third person.
         SECTION 4.61.  Section 1702.221, Occupations Code, is
  amended to read as follows:
         Sec. 1702.221.  REGISTRATION AND ENDORSEMENT REQUIRED. (a)
  To perform any activity regulated by this chapter, the individual
  must:
               (1)  register in accordance with the requirements of
  this chapter and related administrative rules;
               (2)  obtain the proper endorsement under Subsection
  (b); and
               (3)  be employed by a company licensed under this
  chapter.
         (b)  An individual must obtain the appropriate endorsement
  [register] in accordance with the requirements of this chapter and
  related administrative rules if the individual:
               (1)  is employed as:
                     (A)  an alarm instructor;
                     (B)  an alarm systems installer;
                     (C)  an [,] alarm systems monitor;
                     (D)  an [,] electronic access control device
  installer;
                     (E)  a level 3 classroom or firearm instructor;
                     (F)  a [,] locksmith;
                     (G)  a [,] dog trainer;
                     (H)  a [,] manager or branch office manager;
                     (I)  a [,] noncommissioned security officer;
                     (J)  a level 4 personal protection instructor;
                     (K)  a [,] private investigator;
                     (L)  a [,] private security consultant;
                     (M)  a [, or] security salesperson; or
                     (N)  an individual whose duties include
  performing another activity for which an endorsement is required
  under Subsection (e); or
               (2)  is an owner who oversees the security-related
  aspects of the business, officer, partner, or shareholder of a
  license holder.
         (c) [(b)]  Registration and endorsement under this chapter
  does not preclude an individual from performing additional duties
  or services authorized by the individual's employer that are not
  regulated by this chapter. An individual who performs more than one
  of the services that require an endorsement under this section must
  obtain an endorsement for each service.
         (d)  In addition to the services listed in Subsection (b), a
  person holding a security officer commission must also obtain an
  endorsement for personal protection if the individual performs the
  services described by Section 1702.202.
         (e)  The board by rule may require a person to hold an
  endorsement for performing other activity expressly regulated by
  this chapter.
         SECTION 4.62.  Section 1702.2226(b), Occupations Code, is
  amended to read as follows:
         (b)  A person registered as an electronic access control
  device installer may not install alarm systems unless the person
  holds an endorsement [is registered] under this chapter as an alarm
  systems installer.
         SECTION 4.63.  The heading to Subchapter J, Chapter 1702,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER J. REGISTRATION AND ENDORSEMENT REQUIREMENTS;
  [REGISTRANT] DUTIES OF REGISTRANT AND ENDORSEMENT HOLDER
         SECTION 4.64.  Section 1702.228, Occupations Code, is
  amended to read as follows:
         Sec. 1702.228.  EMPLOYEE OF LICENSE HOLDER; REGISTRATION
  PERMITTED. An employee of a license holder who is employed in a
  capacity that is not subject to mandatory registration under this
  subchapter may register with the board [commission].
         SECTION 4.65.  The heading to Section 1702.230, Occupations
  Code, is amended to read as follows:
         Sec. 1702.230.  APPLICATION FOR REGISTRATION OR
  ENDORSEMENT.
         SECTION 4.66.  Section 1702.230(a), Occupations Code, is
  amended to read as follows:
         (a)  An application for registration or endorsement must be
  verified and include:
               (1)  the applicant's full name, residence address,
  residence telephone number, date and place of birth, and social
  security number;
               (2)  a statement that:
                     (A)  lists each name used by the applicant, other
  than the name by which the applicant is known at the time of
  application, and an explanation stating each place where each name
  was used, the date of each use, and a full explanation of the
  reasons the name was used; or
                     (B)  states that the applicant has never used a
  name other than the name by which the applicant is known at the time
  of application;
               (3)  the name and address of the applicant's employer
  and, if applicable, the applicant's consulting firm;
               (4)  the date the employment commenced;
               (5)  a letter from the license holder requesting that
  the applicant be registered or endorsed;
               (6)  the title of the position occupied by the
  applicant and a description of the applicant's duties; and
               (7)  any other information, evidence, statement, or
  document required by the board [commission].
         SECTION 4.67.  Section 1702.2305, Occupations Code, is
  amended to read as follows:
         Sec. 1702.2305.  PROVISIONAL REGISTRATION. (a)  The board
  [commission] may issue a provisional registration to an applicant
  currently registered in another jurisdiction who seeks an
  equivalent registration in this state and who:
               (1)  has been registered in good standing in the field
  in which the registration is sought for at least two years in
  another jurisdiction, including a foreign country, that has
  registration requirements substantially equivalent to the
  requirements of this chapter;
               (2)  has passed a national or other examination
  recognized by the board [commission] relating to practice in the
  field in which the registration is sought; and
               (3)  is employed by a person licensed by the board
  [commission] under this chapter with whom the provisional
  registration holder will practice during the time the person holds
  a provisional registration.
         (b)  A provisional registration is valid until the date the
  board [commission] approves or denies the provisional registration
  holder's application for a registration. The board [commission]
  shall issue a registration under this chapter to the provisional
  registration holder if the provisional registration holder is
  eligible to be registered under this chapter.
         (c)  The board [commission] must approve or deny a
  provisional registration holder's application for a registration
  not later than the 180th day after the date the provisional
  registration is issued. The board [commission] may extend the
  180-day period if the results of an examination have not been
  received by the board [commission] before the end of that period.
         (d)  The board [commission] may establish a fee for
  provisional registration in an amount reasonable and necessary to
  cover the cost of issuing the registration.
         SECTION 4.68.  Section 1702.232, Occupations Code, is
  amended to read as follows:
         Sec. 1702.232.  POCKET CARDS. (a) The board [commission]
  shall issue a pocket card for each registrant under this chapter. A
  pocket card for an owner, officer, partner, or shareholder of a
  license holder shall be issued to the license holder.
         (b)  The board [commission] shall determine the size,
  design, and content of the pocket card.
         (c)  The pocket card must:
               (1)  state the name of the registrant;
               (2)  contain a color photograph, affixed to the pocket
  card by the board at the time the card is issued, and the signature
  of the registrant; [and]
               (3)  state the date the card was issued and the card's
  expiration date; and
               (4)  state each endorsement held by the registrant and
  the date the endorsement expires.
         SECTION 4.69.  Section 1702.234, Occupations Code, is
  amended to read as follows:
         Sec. 1702.234.  REGISTRATION AND ENDORSEMENT TRANSFER. A
  registrant may transfer the registrant's registration and
  endorsements from one employer to another employer if, not later
  than the 14th day after the date the registrant begins the new
  employment, the new employer notifies the board [commission] of the
  transfer of employment on a form prescribed by the board
  [commission] accompanied by payment of the employee information
  update fee.
         SECTION 4.70.  Section 1702.235, Occupations Code, is
  amended to read as follows:
         Sec. 1702.235.  PREEMPLOYMENT CHECK FOR NONCOMMISSIONED
  SECURITY OFFICERS. A person may not hire a noncommissioned
  security officer unless the person conducts a preemployment check
  as required by board [commission] rule.
         SECTION 4.71.  Section 1702.236, Occupations Code, is
  amended to read as follows:
         Sec. 1702.236.  EXAMINATION AND TRAINING REQUIREMENTS FOR
  ELECTRONIC ACCESS CONTROL DEVICE INSTALLERS. (a)  The board 
  [commission] shall require an individual who applies for an
  endorsement [registration] as an electronic access control device
  installer to pass an examination given by the board [commission] or
  a person approved by the board [commission]. The examination must
  cover material related to access control.
         (b) [(c)]  On and after September 1, 2005, the board
  [commission] by rule may allow an electronic access control device
  installer to obtain or renew an endorsement [a certificate of
  registration] by fulfilling the requirements of a board-approved
  [commission-approved], industry-based educational training
  program.
         SECTION 4.72.  Sections 1702.239(a), (b), and (d),
  Occupations Code, are amended to read as follows:
         (a)  The board [commission] may require that an individual
  employed as an alarm systems installer or security salesperson hold
  a certification by a board-approved [commission-approved] training
  program to renew an endorsement [an initial registration]. The
  board [commission] may approve only nationally recognized training
  programs that consist of at least 16 hours of classroom study in the
  areas of work allowed by the endorsement [registration]. To be
  approved, a training program must offer at least two certification
  programs each year, sufficient to complete the requirements of this
  subsection, within 100 miles of each county in the state that has a
  population of more than 500,000.
         (b)  The board [commission] may require an individual who has
  completed a training program under Subsection (a) to pass an
  examination given by the board [commission] or by a person approved
  by the board [commission]. The board [commission] may approve
  examinations in conjunction with training programs approved under
  Subsection (a). The individual's performance on the examination
  must demonstrate the individual's qualifications to perform the
  duties allowed by the individual's endorsement [registration].
         (d)  If the board [commission] requires certification or
  examination under this section, the board [commission] shall
  implement rules to require that to renew an endorsement [a
  registration], an individual who is employed as an alarm systems
  installer or a security salesperson and who has already once
  renewed the endorsement [registration] must obtain continuing
  education credits related to the line of work for which the
  individual is licensed. If the board [commission] requires the
  continuing education, the chief administrator [director] must
  approve classes offered by nationally recognized organizations,
  and participants in the classes must qualify according to board
  [commission] rules.
         SECTION 4.73.  Section 1702.240(b), Occupations Code, is
  amended to read as follows:
         (b)  An employee of a license holder who is employed
  exclusively as an undercover agent is not required to register with
  the board [commission].
         SECTION 4.74.  Subchapter J, Chapter 1702, Occupations Code,
  is amended by adding Section 1702.241 to read as follows:
         Sec. 1702.241.  JURISPRUDENCE EXAMINATION. (a) The board
  may develop and administer at least twice each calendar year a
  jurisprudence examination to determine the knowledge that an
  applicant for an endorsement has of this chapter, board rules, and
  any other applicable laws of this state affecting the applicant's
  activities regulated under this chapter.
         (b)  Before the board may administer a jurisprudence
  examination under this section, the board shall adopt rules to
  implement this section, including rules related to the development
  and administration of the examination, examination fees,
  guidelines for reexamination, grading the examination, and
  providing notice of examination results. The board may design
  different examinations for different types of endorsements.
         SECTION 4.75.  Sections 1702.282(c) and (e), Occupations
  Code, are amended to read as follows:
         (c)  A license, registration, security officer commission,
  letter of approval, permit, endorsement, or certification issued by
  the board is conditional on the board's receipt of criminal history
  record information.
         (e)  On receipt of notice that a check of the applicant's
  criminal record has uncovered an unresolved and potentially
  disqualifying arrest that occurred before the 10th anniversary of
  the date the application is filed, the applicant must provide a
  letter of reference from the county sheriff, prosecuting attorney,
  or judge of the county in which the applicant was arrested stating
  that a record of a disposition related to the arrest does not exist,
  and to the best of the county sheriff's, prosecuting attorney's, or
  judge's knowledge the applicant is free of any disqualifying
  convictions. If the applicant fails to provide either the letter of
  reference or documentary proof of the final disposition of the
  arrest, the application is considered incomplete and the applicant
  may not be issued a license, commission, endorsement, or
  certificate of registration under this chapter.
         SECTION 4.76.  Section 1702.283, Occupations Code, is
  amended to read as follows:
         Sec. 1702.283.  CRUELTY TO ANIMALS.  A person who has been
  convicted of cruelty to animals under Section 42.09 or 42.092,
  Penal Code:
               (1)  is ineligible for a license as a guard dog company
  or for endorsement [registration] as a dog trainer; and
               (2)  may not be employed to work with dogs as a security
  officer by a security services contractor or security department of
  a private business that uses dogs to protect individuals or
  property or to conduct investigations.
         SECTION 4.77.  Section 1702.285, Occupations Code, is
  amended to read as follows:
         Sec. 1702.285.  FALSE REPRESENTATION. A person may not
  represent falsely that the person:
               (1)  is employed by a license holder; or
               (2)  is licensed, registered, endorsed, or
  commissioned under this chapter.
         SECTION 4.78.  Sections 1702.301(c), (d), (e), (f), (g), and
  (h), Occupations Code, are amended to read as follows:
         (c)  A personal protection officer endorsement
  [authorization] expires on the expiration date of the security
  officer commission under which the individual's endorsement
  [authorization] is issued.
         (d)  Endorsement [Registration] as a private investigator,
  manager, branch office manager, alarm systems installer, security
  consultant, security salesperson, alarm systems monitor, or dog
  trainer expires on the second anniversary of the date of
  endorsement [registration].
         (e)  Endorsement [Registration] as an owner, officer,
  partner, or shareholder of a license holder expires on the second
  anniversary of the date of endorsement [registration].
         (f)  Endorsement [Registration] as a noncommissioned
  security officer expires on the second anniversary of the date of
  endorsement [registration].
         (g)  A letter of authority, or a school approval or school
  instructor approval letter issued by the board [commission],
  expires on the first anniversary of the date of issuance.
         (h)  A license, [or] registration, or endorsement issued
  under this chapter, other than one specified in this section,
  expires on the date specified by this chapter or by board
  [commission] rule.
         SECTION 4.79.  Section 1702.302, Occupations Code, is
  amended to read as follows:
         Sec. 1702.302.  LICENSE RENEWAL. (a)  A person who is
  otherwise eligible to renew a license may renew an unexpired
  license by paying the required renewal fee to the board
  [commission] before the expiration date of the license. A person
  whose license has expired may not engage in activities that require
  a license until the license has been renewed.
         (b)  A person whose license has been expired for 90 days or
  less may renew the license by paying to the board [commission] a
  renewal fee that is equal to 1-1/2 times the normally required
  renewal fee.
         (c)  A person whose license has been expired for longer than
  90 days but less than one year may renew the license by paying to the
  board [commission] a renewal fee that is equal to two times the
  normally required renewal fee.
         (d)  A person whose license has been expired for one year or
  more may not renew the license. The person may obtain a new license
  by complying with the requirements and procedures, including the
  examination requirements, for obtaining an original license.
         (e)  Not later than the 30th day before the date a person's
  license is scheduled to expire, the board [commission] shall send
  written notice of the impending expiration to the person at the
  person's last known address according to the board's [commission's]
  records.
         SECTION 4.80.  Section 1702.303, Occupations Code, is
  amended to read as follows:
         Sec. 1702.303.  RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE
  PRACTITIONER. A person who was licensed in this state, moved to
  another state, and is currently licensed and has been in practice in
  the other state for the two years preceding the date the person
  applies for renewal may obtain a new license without reexamination.
  The person must pay to the board [commission] a fee that is equal to
  two times the normally required renewal fee for the license.
         SECTION 4.81.  Section 1702.304, Occupations Code, is
  amended to read as follows:
         Sec. 1702.304.  STAGGERED RENEWAL; PRORATION OF LICENSE FEE.
  The board [commission] by rule may adopt a system under which
  licenses expire on various dates during the year. For the year in
  which the expiration date of a license is changed, the board
  [commission] shall prorate license fees on a monthly basis so that
  each license holder pays only that portion of the license fee that
  is allocable to the number of months during which the license is
  valid. On renewal of the license on the new expiration date, the
  total license renewal fee is payable.
         SECTION 4.82.  Section 1702.307, Occupations Code, is
  amended to read as follows:
         Sec. 1702.307.  REGISTRATION RENEWAL. (a)  An individual
  who is otherwise eligible to renew a registration may renew an
  unexpired registration by paying the required renewal fee to the
  board [commission] before the expiration date of the registration.
  An individual whose registration has expired may not engage in
  activities that require a registration until the registration has
  been renewed.
         (b)  An individual whose registration has been expired for 90
  days or less may renew the registration by paying to the board
  [commission] a renewal fee that is equal to 1-1/2 times the normally
  required renewal fee.
         (c)  An individual whose registration has been expired for
  more than 90 days but less than one year may renew the registration
  by paying to the board [commission] a renewal fee that is equal to
  two times the normally required renewal fee.
         (d)  An individual whose registration has been expired for
  one year or more may not renew the registration. The individual may
  obtain a new registration by complying with the requirements and
  procedures, including any examination required by the board
  [commission], for obtaining an original registration.
         (e)  An individual who was registered in this state, moved to
  another state, and is currently registered and has been in practice
  in the other state for the two years preceding the date of
  application may obtain a new registration without reexamination.
  The individual must pay to the board [commission] a fee that is
  equal to two times the normally required renewal fee for the
  registration.
         (f)  Not later than the 30th day before the expiration date
  of an individual's registration, the board [commission] shall send
  written notice of the impending expiration to the individual at the
  individual's last known address according to board [commission]
  records.
         SECTION 4.83.  Sections 1702.308(b) and (c), Occupations
  Code, are amended to read as follows:
         (b)  The board [commission] shall recognize, prepare, or
  administer continuing education programs for license holders,
  commissioned security officers, and endorsement holders
  [registrants]. The board [commission] shall set the minimum number
  of hours that must be completed and the types of programs that may
  be offered.
         (c)  A license holder, commissioned security officer, or
  endorsement holder [registrant] must participate in the programs to
  the extent required by the board [commission] to keep the person's
  license, commission, or endorsement [registration]. A license
  holder, commissioned security officer, or endorsement holder
  [registrant] shall submit evidence of compliance with the board's
  [commission's] continuing education requirements in a manner
  prescribed by the board [commission].
         SECTION 4.84.  Section 1702.309(a), Occupations Code, is
  amended to read as follows:
         (a)  The board [commission] by rule shall develop a
  continuing education course required for renewal of a security
  officer commission. Only a board-approved [commission-approved]
  instructor may administer the continuing education course. The
  course must include at least six hours of instruction determined by
  the chief administrator [director] of the board [commission].
         SECTION 4.85.  Sections 1702.321(b), (c), and (e),
  Occupations Code, are amended to read as follows:
         (b)  The provisions of this chapter relating to security
  officer commissions apply to a person employed by a political
  subdivision whose duties include serving as a security guard,
  security watchman, or security patrolman on property owned or
  operated by the political subdivision if the governing body of the
  political subdivision files a written request with the board
  [commission] for the board [commission] to issue a commission to
  the political subdivision's employees with those duties.
         (c)  The board [commission] may not charge a fee for issuing
  a commission to an officer under Subsection (b). The board
  [commission] shall issue to the officer a pocket card designating
  the political subdivision that employs the officer.
         (e)  The board [commission] may approve a security officer
  training program conducted by the political subdivision in
  accordance with Sections 1702.1675 and 1702.168.
         SECTION 4.86.  Section 1702.324(b), Occupations Code, is
  amended to read as follows:
         (b)  This chapter does not apply to:
               (1)  a manufacturer or a manufacturer's authorized
  distributor while selling equipment intended for resale;
               (2)  a person engaged exclusively in the business of
  obtaining and providing information to:
                     (A)  determine creditworthiness;
                     (B)  collect debts; or
                     (C)  ascertain the reliability of information
  provided by an applicant for property, life, or disability
  insurance or an indemnity or surety bond;
               (3)  a person engaged exclusively in the business of
  repossessing property that is secured by a mortgage or other
  security interest;
               (4)  a person who  is engaged in the business of
  psychological testing or other testing and interviewing services,
  including services to determine attitudes, honesty, intelligence,
  personality, and skills, for preemployment purposes;
               (5)  a person who:
                     (A)  is engaged in obtaining information that is a
  public record under Chapter 552, Government Code, regardless of
  whether the person receives compensation;
                     (B)  is not a full-time employee, as defined by
  Section 61.001, Labor Code, of a person licensed under this
  chapter; and
                     (C)  does not perform any other act that requires
  a license under this chapter;
               (6)  a licensed engineer practicing engineering or
  directly supervising engineering practice under Chapter 1001,
  including forensic analysis, burglar alarm system engineering, and
  necessary data collection;
               (7)  an employee of a cattle association who inspects
  livestock brands under the authority granted to the cattle
  association by the Grain Inspection, Packers and Stockyards
  Administration of the United States Department of Agriculture;
               (8)  a landman performing activities in the course and
  scope of the landman's business;
               (9)  an attorney while engaged in the practice of law;
               (10)  a person who obtains a document for use in
  litigation under an authorization or subpoena issued for a written
  or oral deposition;
               (11)  an admitted insurer, insurance adjuster, agent,
  or insurance broker licensed by the state, performing duties in
  connection with insurance transacted by that person;
               (12)  a person who on the person's own property or on
  property owned or managed by the person's employer:
                     (A)  installs, changes, or repairs a mechanical
  security device;
                     (B)  repairs an electronic security device; or
                     (C)  cuts or makes a key for a security device;
               (13)  security personnel, including security contract
  personnel, working at a commercial nuclear power plant licensed by
  the United States Nuclear Regulatory Commission;
               (14)  a person or firm licensed as an accountant or
  accounting firm under Chapter 901, an owner of an accounting firm,
  or an employee of an accountant or accounting firm while performing
  services regulated under Chapter 901; [or]
               (15)  a retailer, wholesaler, or other person who sells
  mechanical security devices, including locks and deadbolts, but who
  does not:
                     (A)  service mechanical security devices for the
  public outside of the person's premises; or
                     (B)  claim to act as a locksmith; or
               (16)  an employee while performing investigative
  services that would otherwise be subject to this chapter for an
  entity regulated by the:
                     (A)  Texas Department of Insurance;
                     (B)  Office of Thrift Supervision;
                     (C)  Securities and Exchange Commission;
                     (D)  Federal Deposit Insurance Corporation;
                     (E)  National Association of Securities Dealers;
  or
                     (F)  Financial Industry Regulatory Authority.
         SECTION 4.87.  Section 1702.361(b), Occupations Code, is
  amended to read as follows:
         (b)  The department shall take disciplinary action described
  by Subsection (a) on proof:
               (1)  that the applicant, license holder, registrant,
  endorsement holder, or commissioned security officer has:
                     (A)  violated this chapter or a rule adopted under
  this chapter;
                     (B)  become ineligible for licensure, [or]
  registration, or endorsement under Section 1702.113, or a
  commission under Section 1702.163, if applicable, other than an
  action for which the department has taken summary action under
  Section 1702.364;
                     (C)  engaged in fraud, deceit, or
  misrepresentation;
                     (D)  made a material misstatement in an
  application for or renewal of a license, registration, endorsement,
  or commission; [or]
                     (E)  failed to pay in full an administrative
  penalty assessed under Subchapter Q, for which the board has issued
  a final order; or
                     (F)  performed any service for which an
  endorsement is required under this chapter and either:
                           (i)  was not employed with a company
  licensed under this chapter at the time the service was performed;
  or
                           (ii)  performed the service for a company
  licensed under this chapter that was not listed on the individual's
  registration without informing the board of the individual's
  employment with the company within a reasonable period; or
               (2)  that the license holder of a registrant or
  commissioned security officer has submitted to the department
  sufficient evidence that the registrant or commissioned security
  officer:
                     (A)  engaged in fraud or deceit while employed by
  the license holder; or
                     (B)  committed theft while performing work as a
  registrant or commissioned security officer.
         SECTION 4.88.  Section 1702.362, Occupations Code, is
  amended to read as follows:
         Sec. 1702.362.  FAILURE TO FILE REQUIRED NOTICE. The board
  [commission] may suspend or revoke a license if the license holder
  fails to notify the board [commission] as required by Section
  1702.121 that a manager has ceased to be the manager of the license
  holder.
         SECTION 4.89.  Section 1702.363, Occupations Code, is
  amended to read as follows:
         Sec. 1702.363.  APPLICATION OF ADMINISTRATIVE PROCEDURE
  ACT. Except as provided by Sections 1702.3615(b) and 1702.364, a
  person regulated under this chapter against whom the board
  [commission] has taken action is entitled to a hearing before the
  State Office of Administrative Hearings. A proceeding under this
  section is a contested case that is governed by Chapter 2001,
  Government Code.
         SECTION 4.90.  Sections 1702.364(a), (d), (f), and (h),
  Occupations Code, are amended to read as follows:
         (a)  On receiving written notice from a law enforcement
  agency that a person has been charged with or convicted of an
  offense that would make the person ineligible for a license,
  certificate of registration, endorsement, or security officer
  commission under Section 1702.113 or 1702.163, the department
  shall:
               (1)  summarily deny the person's application for a
  license, registration, endorsement, or security officer
  commission;
               (2)  in the event of pending charges, summarily suspend
  the person's license, certificate of registration, endorsement, or
  security officer commission; or
               (3)  in the event of a conviction, summarily revoke the
  person's license, certificate of registration, endorsement, or
  security officer commission.
         (d)  At a preliminary hearing, the person must show cause
  why:
               (1)  the application should not have been denied;
               (2)  the registration, license, endorsement, or
  security officer commission should not have been suspended; or
               (3)  the registration, license, endorsement, or
  commission should not have been revoked.
         (f)  The dismissal of a complaint, information, or
  indictment or an acquittal releases the person from automatic
  grounds for a summary denial of an application or summary
  suspension of a registration, endorsement, or security officer
  commission under this section. A conviction for the offense giving
  rise to a summary suspension is automatic grounds for immediate,
  summary revocation.
         (h)  The administrative law judge shall make findings of fact
  and conclusions of law regarding the person's eligibility for a
  license, registration, or endorsement under this section and
  promptly issue to the board a proposal for a decision.
         SECTION 4.91.  Section 1702.365, Occupations Code, is
  amended to read as follows:
         Sec. 1702.365.  ABDUCTION OF CHILD. The board [commission]
  shall revoke a person's license, registration, endorsement, or
  security officer commission or deny a person's application for, or
  renewal of, a license, registration, endorsement, or security
  officer commission on proof that the person or an agent of the
  person has, after the date of application for a license,
  registration, endorsement, or security officer commission,
  abducted or attempted to abduct by force or the threat of force or
  by misrepresentation, stealth, or unlawful entry a child who at the
  time of the abduction or attempt is under the care and control of a
  person who:
               (1)  has custody or physical possession of the child
  under a court order; or
               (2)  is exercising the care and control with the
  consent of a person who has custody or physical possession of the
  child under a court order.
         SECTION 4.92.  Sections 1702.367(c), (d), and (e),
  Occupations Code, are amended to read as follows:
         (c)  A person required to testify or to produce a record or
  document on any matter properly under inquiry by the board
  [commission] who refuses to testify or to produce the record or
  document on the ground that the testimony or the production of the
  record or document would incriminate or tend to incriminate the
  person is nonetheless required to testify or to produce the record
  or document. A person who is required to testify or to produce a
  record or document under this subsection is not subject to
  indictment or prosecution for a transaction, matter, or thing
  concerning which the person truthfully testifies or produces
  evidence.
         (d)  If a witness refuses to obey a subpoena or to give
  evidence relevant to proper inquiry by the board [commission], the
  board [commission] may petition a district court of the county in
  which the hearing is held to compel the witness to obey the subpoena
  or to give the evidence. The court shall immediately issue process
  to the witness and shall hold a hearing on the petition as soon as
  possible.
         (e)  An investigator employed by the board [commission] may
  take statements under oath in an investigation of a matter covered
  by this chapter.
         SECTION 4.93.  Section 1702.368, Occupations Code, is
  amended to read as follows:
         Sec. 1702.368.  NOTIFICATION OF CONVICTION FOR CERTAIN
  OFFENSES. The department [Texas Department of Public Safety] shall
  notify the board [commission] and the police department of the
  municipality and the sheriff's department of the county in which a
  person licensed, registered, or commissioned under this chapter
  resides of the conviction of the person for a Class B misdemeanor or
  equivalent offense or a greater offense.
         SECTION 4.94.  Subchapter O, Chapter 1702, Occupations Code,
  is amended by adding Section 1702.372 to read as follows:
         Sec. 1702.372.  RECUSAL OF BOARD MEMBER. (a) A board member
  who participated in the investigation of a complaint or in informal
  settlement negotiations regarding the complaint:
               (1)  may not vote on the matter at a board meeting
  related to the complaint; and
               (2)  shall state at the meeting the reason for which the
  member is prohibited from voting on the matter.
         (b)  A statement under Subsection (a)(2) shall be entered
  into the minutes of the meeting.
         SECTION 4.95.  Section 1702.381(b), Occupations Code, is
  amended to read as follows:
         (b)  A person who contracts with or employs a person who is
  required to hold a license, [certificate of] registration,
  endorsement, or security officer commission under this chapter
  knowing that the person does not hold the required license,
  registration, endorsement [certificate], or commission or who
  otherwise, at the time of contract or employment, is in violation of
  this chapter may be assessed a civil penalty to be paid to the state
  in an amount not to exceed $10,000 for each violation.
         SECTION 4.96.  Section 1702.386(a), Occupations Code, is
  amended to read as follows:
         (a)  A person commits an offense if the person contracts with
  or employs a person who is required to hold a license, registration,
  endorsement [certificate], or commission under this chapter
  knowing that the person does not hold the required license,
  registration, endorsement [certificate], or commission or who
  otherwise, at the time of contract or employment, is in violation of
  this chapter.
         SECTION 4.97.  Section 1702.3863(a), Occupations Code, is
  amended to read as follows:
         (a)  A person commits an offense if the person contracts with
  or is employed by a bail bond surety as defined by Chapter 1704 to
  secure the appearance of a person who has violated Section 38.10,
  Penal Code, unless the person is:
               (1)  a peace officer;
               (2)  an individual endorsed or licensed as a private
  investigator or the manager of a licensed investigations company;
  or
               (3)  a commissioned security officer employed by a
  licensed guard company.
         SECTION 4.98.  Section 1702.387(a), Occupations Code, is
  amended to read as follows:
         (a)  A person commits an offense if the person fails to
  surrender or immediately return to the board [commission] the
  person's registration, commission, pocket card, or other
  identification issued to the person by the board [commission] on
  notification of a summary suspension or summary denial under
  Section 1702.364.
         SECTION 4.99.  Section 1702.388(b), Occupations Code, is
  amended to read as follows:
         (b)  An offense under this section is a Class A misdemeanor,
  except that the offense is a felony of the third degree if the
  person has previously been convicted under this chapter of failing
  to hold a license, registration, endorsement, certificate, or
  commission that the person is required to hold under this chapter.
         SECTION 4.100.  Section 1702.402, Occupations Code, is
  amended by amending Subsection (a) and adding Subsection (c) to
  read as follows:
         (a)  Each day a violation continues or occurs is a separate
  violation for purposes of imposing a penalty. The amount of each
  separate violation may not exceed $5,000 [$500].
         (c)  The board by rule shall develop a standardized penalty
  schedule based on the criteria listed in Subsection (b).
         SECTION 4.101.  Section 1702.406(b), Occupations Code, is
  amended to read as follows:
         (b)  The notice of the board's order given to the person must
  include a statement of the right of the person to judicial review of
  the order. Judicial review is under the substantial evidence rule
  as provided by Subchapter G, Chapter 2001, Government Code.
         SECTION 4.102.  The following provisions of the Occupations
  Code are repealed:
               (1)  Section 1702.002(4);
               (2)  Section 1702.003;
               (3)  Section 1702.045;
               (4)  Section 1702.046;
               (5)  Section 1702.065;
               (6)  Section 1702.069;
               (7)  Section 1702.113(e);
               (8)  Section 1702.364(j); and
               (9)  Subchapter K.
         SECTION 4.103.  (a) Not later than January 1, 2010, the
  Texas Private Security Board and the Department of Public Safety
  shall adopt the rules required by or under Section 1702.062,
  Occupations Code, as amended by this article. The fee schedule in
  effect under Section 1702.062, Occupations Code, before the
  effective date of this article is continued in effect until new fees
  are adopted under Section 1702.062, Occupations Code, as amended by
  this article.
         (b)  The requirement to pass a jurisprudence examination
  under Section 1702.241, Occupations Code, as added by this article,
  applies only to an individual who applies for a registration or
  endorsement under Chapter 1702, Occupations Code, on or after the
  date specified by the Texas Private Security Board in the event the
  board begins requiring applicants to pass a jurisprudence
  examination, but not earlier than September 1, 2010.
         (c)  The changes in law made by this article related to the
  filing, investigation, or resolution of a complaint under Chapter
  1702, Occupations Code, as amended by this article, apply only to a
  complaint filed with the Texas Private Security Board on or after
  the effective date of this article. A complaint filed before the
  effective date of this article is governed by the law as it existed
  immediately before that date, and the former law is continued in
  effect for that purpose.
         (d)  The changes in law made by this article governing the
  authority of the Texas Private Security Board and the Department of
  Public Safety to issue, renew, or revoke a license, registration,
  endorsement, or commission under Chapter 1702, Occupations Code,
  apply only to an application for an original or renewal license,
  registration, endorsement, or commission filed with the Texas
  Private Security Board under Chapter 1702, Occupations Code, as
  amended by this article, on or after the effective date of this
  article. An application filed before the effective date of this
  article is governed by the law in effect at the time the application
  was filed, and the former law is continued in effect for that
  purpose.
         (e)  The change in law made by this article with respect to
  conduct that is grounds for imposition of a disciplinary sanction
  applies only to conduct that occurs on or after the effective date
  of this article. Conduct that occurs before the effective date of
  this article is governed by the law in effect on the date the
  conduct occurred, and the former law is continued in effect for that
  purpose.
         (f)  Section 1702.372, Occupations Code, as added by this
  article, applies only to a hearing conducted on or after the
  effective date of this article, regardless of the date on which the
  complaint was filed. A complaint on which a hearing is conducted
  before the effective date of this article is governed by the law in
  effect on the date the hearing was conducted, and the former law is
  continued in effect for that purpose.
         (g)  The holder of a Class D license under Chapter 1702,
  Occupations Code, as amended by this article, shall be considered
  to hold a Class B license on the effective date of this article. On
  the expiration of the Class D license, the license holder may renew
  the license as a Class B license.
         SECTION 4.104.  This article takes effect September 1, 2009.
  ARTICLE 4A [Blank]
  ARTICLE 4B.  REGULATION OF THE BUSINESS OF PRIVATE SECURITY
         SECTION 4B.01.  Section 1702.002, Occupations Code, is
  amended by amending Subdivision (1-a) and adding Subdivisions
  (16-a) and (20-a) to read as follows:
               (1-a)  For purposes of Subdivision (1), the term "alarm
  system" does not include a telephone entry system, an operator for
  opening or closing a residential or commercial gate or door, or an
  accessory used only to activate a gate or door, if the system,
  operator, or accessory is not connected to a computer or data
  processor that records or archives the voice, visual image, or
  identifying information of the user [an alarm system].
               (16-a)  "Personal protection officer" means a person
  who performs the activities described by Section 1702.202.
               (20-a)  "Security officer" means a person who performs
  the activities described by Section 1702.222.
         SECTION 4B.02.  Section 1702.047, Occupations Code, is
  amended to read as follows:
         Sec. 1702.047.  ADMINISTRATIVE STAFF. The department shall
  designate a department employee who shall report directly to the
  board. The employee designated under this section shall provide
  administrative assistance to [assist] the board in the performance
  [administration] of the board's duties. [The salary for an
  employee designated under this section may not exceed the salary
  specified in the General Appropriations Act for an employee subject
  to salary group A10.]
         SECTION 4B.03.  Subsection (e), Section 1702.082,
  Occupations Code, is amended to read as follows:
         (e)  On written request, the department [The commission, at
  least quarterly until final disposition of the complaint,] shall
  inform [notify] the person filing the complaint and each person who
  is a subject of the complaint of the status of the investigation
  unless the information [notice] would jeopardize an ongoing
  [undercover] investigation.
         SECTION 4B.04.  Subchapter A, Chapter 1702, Occupations
  Code, is amended by adding Section 1702.006 to read as follows:
         Sec. 1702.006.  FOREIGN ENTITY REGISTRATION. Licensure
  under this chapter does not exempt a foreign entity from the
  registration requirements of Chapter 9, Business Organizations
  Code.
         SECTION 4B.05.  Subsection (a), Section 1702.1056,
  Occupations Code, is amended to read as follows:
         (a)  A person acts as a locksmith company for the purposes of
  this chapter if the person:
               (1)  sells, installs, services, or maintains, or offers
  to sell, install, service, or maintain, mechanical security
  devices, including deadbolts and locks;
               (2)  advertises services offered by the company using
  the term "locksmith"; or
               (3)  includes the term "locksmith" in the company's
  name.
         SECTION 4B.06.  Section 1702.110, Occupations Code, is
  amended to read as follows:
         Sec. 1702.110.  APPLICATION FOR LICENSE. (a) An
  application for a license under this chapter must be in the form
  prescribed by the board [commission] and include:
               (1)  the full name and business address of the
  applicant;
               (2)  the name under which the applicant intends to do
  business;
               (3)  a statement as to the general nature of the
  business in which the applicant intends to engage;
               (4)  a statement as to the classification for which the
  applicant requests qualification;
               (5)  if the applicant is an entity other than an
  individual, the full name and residence address of each partner,
  officer who oversees the security-related aspects of the business,
  and director of the applicant, and of the applicant's manager;
               (6)  if the applicant is an individual, two
  classifiable sets of fingerprints of the applicant or, if the
  applicant is an entity other than an individual, of each officer who
  oversees the security-related aspects of the business and of each
  partner or shareholder who owns at least a 25 percent interest in
  the applicant;
               (7)  a verified statement of the applicant's experience
  qualifications in the particular classification in which the
  applicant is applying;
               (8)  a report from the department [Texas Department of
  Public Safety] stating the applicant's record of any convictions
  for a Class B misdemeanor or equivalent offense or a greater
  offense;
               (9)  the social security number of the individual
  making the application; and
               (10)  other information, evidence, statements, or
  documents required by the board [commission].
         (b)  An applicant for a license as a security services
  contractor shall maintain a physical address within this state and
  provide that address to the board. The board shall adopt rules to
  enable an out-of-state license holder to comply with this
  subsection.
         SECTION 4B.07.  Section 1702.112, Occupations Code, is
  amended to read as follows:
         Sec. 1702.112.  FORM OF LICENSE. The board [commission]
  shall prescribe the form of a license, including a branch office
  license. The license must include:
               (1)  the name of the license holder;
               (2)  the name under which the license holder is to
  operate; [and]
               (3)  the license number and the date the license was
  issued; and
               (4)  a photograph of the license holder, affixed to the
  license at the time the license is issued by the board.
         SECTION 4B.08.  Section 1702.121, Occupations Code, is
  amended to read as follows:
         Sec. 1702.121.  TERMINATION OF MANAGER. (a) A license
  holder shall notify the board [commission] in writing not later
  than the 14th day after the date a manager ceases to be manager of
  the license holder's business. The license remains in effect for a
  reasonable period after notice is given as provided by board 
  [commission] rule pending the board's [commission's] determination
  of the qualification of another manager under this subchapter.
         (b)  A manager shall be immediately terminated on the
  effective date of any summary action taken against the manager.  Any
  period of temporary operation authorized under this section or
  Section 1702.122 starts on the date of termination.
         SECTION 4B.09.  Section 1702.127, Occupations Code, is
  amended by amending Subsections (b) and (c) and adding Subsection
  (d) to read as follows:
         (b)  A license holder shall maintain a record containing
  information related to the license holder's employees as required
  by the board [commission].
         (c)  A license holder shall maintain for [commission]
  inspection by the department at the license holder's principal
  place of business or branch office two recent color photographs, of
  a type required by the board [commission], of each applicant,
  registrant, commissioned security officer, and employee of the
  license holder.
         (d)  A license holder shall maintain records required under
  this chapter at a physical address within this state and provide
  that address to the board.
         SECTION 4B.10.  Section 1702.163, Occupations Code, is
  amended by adding Subsection (d-1) to read as follows:
         (d-1)  For the purposes of determining eligibility under
  Subsection (b)(2), the department may require the applicant to
  authorize the release to the department of any relevant medical
  records.
         SECTION 4B.11.  Section 1702.201, Occupations Code, is
  amended to read as follows:
         Sec. 1702.201.  PERSONAL PROTECTION OFFICER ENDORSEMENT 
  [AUTHORIZATION] REQUIRED. An individual [A commissioned security
  officer] may not act as a personal protection officer unless the
  individual [officer] holds a personal protection officer
  endorsement [authorization].
         SECTION 4B.12.  Section 1702.202, Occupations Code, is
  amended to read as follows:
         Sec. 1702.202.  PERSONAL PROTECTION OFFICER. An individual
  acts as a personal protection officer if the individual, while
  carrying a firearm, [:
               [(1)     has been issued a security officer commission to
  carry a concealed firearm; and
               [(2)]  provides to another [an] individual personal
  protection from bodily harm.
         SECTION 4B.13.  Section 1702.206, Occupations Code, is
  amended to read as follows:
         Sec. 1702.206.  LIMITED AUTHORITY TO CARRY [CONCEALED]
  FIREARMS. (a)  An individual acting as a personal protection
  officer may not carry a [concealed] firearm unless the officer:
               (1)  is either:
                     (A)  engaged in the exclusive performance of the
  officer's duties as a personal protection officer for the employer
  under whom the officer's personal protection officer endorsement 
  [authorization] is issued; or
                     (B)  traveling to or from the officer's place of
  assignment; and
               (2)  carries the officer's security officer commission
  and personal protection officer endorsement [authorization] on the
  officer's person while performing the officer's duties or traveling
  as described by Subdivision (1) and presents the commission and
  endorsement [authorization] on request.
         (b)  An individual who is acting as a personal protection
  officer and is wearing the uniform of a security officer, including
  any uniform or apparel described by Section 1702.323(d), may not
  conceal any firearm the individual is carrying and shall carry the
  firearm in plain view.  An individual who is acting as a personal
  protection officer and is not wearing the uniform of a security
  officer shall conceal the firearm.
         SECTION 4B.14.  Section 1702.230, Occupations Code, is
  amended by amending Subsection (b) and adding Subsection (c) to
  read as follows:
         (b)  The employer of the applicant shall make a reasonable
  attempt to verify the information required under Subsection (a)(1)
  before the earlier of:
               (1)  the date the application is submitted; or
               (2)  the date the applicant begins to perform the
  duties of employment that require registration.
         (c)  An applicant must submit an application that
  substantially meets the requirements of this section before
  employment in a capacity for which registration is required.
         SECTION 4B.15.  Subsection (a), Section 1702.282,
  Occupations Code, is amended to read as follows:
         (a)  The board shall conduct a criminal history check,
  including a check of any criminal history record information
  maintained by the Federal Bureau of Investigation, in the manner
  provided by Subchapter F, Chapter 411, Government Code, on each
  applicant for a license, registration, security officer
  commission, letter of approval, permit, endorsement, or
  certification.  As part of its criminal history check, the board may
  request that the applicant provide certified copies of relevant
  court documents or other records. The failure to provide the
  requested records within a reasonable time as determined by the
  board may result in the application being considered incomplete.  
  An applicant is not eligible for a license, registration,
  commission, letter of approval, permit, endorsement, or
  certification if the check reveals that the applicant has committed
  an act that constitutes grounds for the denial of the license,
  registration, commission, letter of approval, permit, endorsement,
  or certification. Except as provided by Subsection (d), each
  applicant shall include in the application two complete sets of
  fingerprints on forms prescribed by the board accompanied by the
  fee set by the board.
         SECTION 4B.16.  Section 1702.286, Occupations Code, as added
  by Chapter 1102 (H.B. 2243), Acts of the 79th Legislature, Regular
  Session, 2005, is renumbered as Section 1702.2865, Occupations
  Code, to read as follows:
         Sec. 1702.2865 [1702.286].  CUSTOMER AUTHORIZATION REQUIRED
  FOR CERTAIN LOCKSMITH SERVICES. (a)  A locksmith company or
  locksmith may not perform services for a customer who seeks entry to
  a structure, motor vehicle, or other property unless the customer,
  in the course of the transaction:
               (1)  shows the locksmith company or locksmith a
  government-issued identification; and
               (2)  provides a signed authorization stating that the
  customer owns or is otherwise entitled to legal access to the
  structure, motor vehicle, or other property.
         (b)  A locksmith company or locksmith is exempt from
  Subsection (a) if the locksmith is requested to perform services in
  a case of imminent threat to a person or property.
         SECTION 4B.17.  Section 1702.322, Occupations Code, is
  amended to read as follows:
         Sec. 1702.322.  LAW ENFORCEMENT PERSONNEL. This chapter
  does not apply to:
               (1)  a person who has full-time employment as a peace
  officer and who receives compensation for private employment on an
  individual or an independent contractor basis as a patrolman,
  guard, extra job coordinator, or watchman if the officer:
                     (A)  is employed in an employee-employer
  relationship or employed on an individual contractual basis
  directly by the recipient of the services;
                     (B)  is not in the employ of another peace
  officer;
                     (C)  is not a reserve peace officer; and
                     (D)  works as a peace officer on the average of at
  least 32 hours a week, is compensated by the state or a political
  subdivision of the state at least at the minimum wage, and is
  entitled to all employee benefits offered to a peace officer by the
  state or political subdivision;
               (2)  a reserve peace officer while the reserve officer
  is performing guard, patrolman, or watchman duties for a county and
  is being compensated solely by that county;
               (3)  a peace officer acting in an official capacity in
  responding to a burglar alarm or detection device; or
               (4)  a person engaged in the business of electronic
  monitoring of an individual as a condition of that individual's
  community supervision, parole, mandatory supervision, or release
  on bail, if the person does not perform any other service that
  requires a license under this chapter.
         SECTION 4B.18.  Subsection (a), Section 1702.361,
  Occupations Code, is amended to read as follows:
         (a)  The [Subject to the board's final order under the
  hearing provisions of this subchapter, the] department, for conduct
  described by Subsection (b), may:
               (1)  deny an application or revoke, suspend, or refuse
  to renew a license, registration, endorsement, or security officer
  commission;
               (2)  reprimand a license holder, registrant, or
  commissioned security officer; or
               (3)  place on probation a person whose license,
  registration, endorsement, or security officer commission has been
  suspended.
         SECTION 4B.19.  Section 1702.367, Occupations Code, is
  amended by amending Subsection (a) and adding Subsections (f) and
  (g) to read as follows:
         (a)  For an investigation conducted under this chapter, if
  necessary to enforce this chapter or the board's rules, the
  department [commission] may issue an administrative [a] subpoena to
  any person in this state compelling:
               (1)  the production of information or documents; or
               (2)  the attendance and testimony of a witness [compel
  the attendance of a witness or the production of a pertinent record
  or document. The hearings officer may administer oaths and require
  testimony or evidence to be given under oath].
         (f)  A person licensed or otherwise regulated under this
  chapter who fails without good cause to comply with a subpoena
  issued under this section may be subject to suspension of a license
  under Section 1702.361.
         (g)  If a subpoena issued under this section relates to an
  ongoing criminal investigation by the department and the department
  determines that disclosure could significantly impede the
  investigation, the subpoena may provide that the person to whom the
  subpoena is directed may not:
               (1)  disclose that the subpoena has been issued;
               (2)  identify or describe any records requested by the
  subpoena; or
               (3)  disclose whether records have been furnished in
  response to the subpoena.
         SECTION 4B.20.  Subchapter P, Chapter 1702, Occupations
  Code, is amended by adding Section 1702.3835 to read as follows:
         Sec. 1702.3835.  DECEPTIVE TRADE PRACTICE. (a)  A person who
  performs or offers to perform an activity regulated under this
  chapter, but who is not licensed or otherwise authorized under this
  chapter to perform the activity, commits a false, misleading, or
  deceptive act or practice within the meaning of Section 17.46,
  Business & Commerce Code.
         (b)  A public or private right or remedy under Chapter 17,
  Business & Commerce Code, may be used to enforce this chapter.
         SECTION 4B.21.  Subsection (d), Section 46.03, Penal Code,
  is amended to read as follows:
         (d)  It is a defense to prosecution under Subsection (a)(5)
  that the actor possessed a firearm or club while traveling to or
  from the actor's place of assignment or in the actual discharge of
  duties as:
               (1)  a member of the armed forces or national guard;
               (2)  a guard employed by a penal institution; or
               (3)  a security officer commissioned by the Texas
  [Board of Private Investigators and] Private Security Board 
  [Agencies] if:
                     (A)  the actor is wearing a distinctive uniform;
  and
                     (B)  the firearm or club is in plain view; or
               (4) [(5)]  a security officer who holds a personal
  protection authorization under Chapter 1702, Occupations Code,
  provided that the officer is either:
                     (A)  wearing the uniform of a security officer,
  including any uniform or apparel described by Section 1702.323(d),
  Occupations Code, and carrying the officer's firearm in plain view;
  or
                     (B)  not wearing the uniform of a security officer
  and carrying the officer's firearm in a concealed manner [the
  Private Investigators and Private Security Agencies Act (Article
  4413(29bb), Vernon's Texas Civil Statutes)].
         SECTION 4B.22.  Subsection (b), Section 46.15, Penal Code,
  as amended by Chapters 647 (H.B. 964), 693 (H.B. 1815), and 1048
  (H.B. 2101), Acts of the 80th Legislature, Regular Session, 2007,
  is reenacted and amended to read as follows:
         (b)  Section 46.02 does not apply to a person who:
               (1)  is in the actual discharge of official duties as a
  member of the armed forces or state military forces as defined by
  Section 431.001, Government Code, or as a guard employed by a penal
  institution;
               (2)  is traveling;
               (3)  is engaging in lawful hunting, fishing, or other
  sporting activity on the immediate premises where the activity is
  conducted, or is en route between the premises and the actor's
  residence or motor vehicle, if the weapon is a type commonly used in
  the activity;
               (4)  holds a security officer commission issued by the
  Texas Private Security Board, if the person[:
                     [(A)]  is engaged in the performance of the
  person's duties as an officer commissioned under Chapter 1702,
  Occupations Code, or is traveling to or from the person's place of
  assignment[;] and
                     [(B)]  is [either:
                           [(i)]  wearing the officer's uniform and
  carrying the officer's weapon in plain view; [or]
               (5)  acts [(ii)  acting] as a personal protection
  officer and carries [carrying] the person's security officer
  commission and personal protection officer authorization, if the
  person:
                     (A)  is engaged in the performance of the person's
  duties as a personal protection officer under Chapter 1702,
  Occupations Code, or is traveling to or from the person's place of
  assignment; and
                     (B)  is either:
                           (i)  wearing the uniform of a security
  officer, including any uniform or apparel described by Section
  1702.323(d), Occupations Code, and carrying the officer's weapon in
  plain view; or
                           (ii)  not wearing the uniform of a security
  officer and carrying the officer's weapon in a concealed manner;
               (6) [(5)]  is carrying a concealed handgun and a valid
  license issued under Subchapter H, Chapter 411, Government Code, to
  carry a concealed handgun of the same category as the handgun the
  person is carrying;
               (7) [(6)]  holds an alcoholic beverage permit or
  license or is an employee of a holder of an alcoholic beverage
  permit or license if the person is supervising the operation of the
  permitted or licensed premises; or
               (8) [(7)]  is a student in a law enforcement class
  engaging in an activity required as part of the class, if the weapon
  is a type commonly used in the activity and the person is:
                     (A)  on the immediate premises where the activity
  is conducted; or
                     (B)  en route between those premises and the
  person's residence and is carrying the weapon unloaded.
         SECTION 4B.23.  The changes in law made by this article to
  Section 1702.110 and Subsection (a), Section 1702.282, Occupations
  Code, and the change in law made by Article 4 of this Act to
  Subsection (a), Section 1702.221, Occupations Code, apply to an
  application under Chapter 1702, Occupations Code, submitted on or
  after the effective date of this article. An application submitted
  before the effective date of this article is governed by the law in
  effect on the date the application was submitted, and the former law
  is continued in effect for that purpose.
         SECTION 4B.24.  To the extent of any conflict, this article
  prevails over another Act of the 81st Legislature, Regular Session,
  2009, relating to nonsubstantive additions to and corrections in
  enacted codes.
         SECTION 4B.25.  This article takes effect September 1, 2009.
  ARTICLE 5. GENERAL PROVISIONS
         SECTION 5.01.  Section 411.002, Government Code, is amended
  by amending Subsection (c) and adding Subsections (d) and (e) to
  read as follows:
         (c)  The Department of Public Safety of the State of Texas is
  subject to Chapter 325 (Texas Sunset Act). Unless continued in
  existence as provided by that chapter, the department is abolished
  and Subsections (a) and (b) expire September 1, 2015 [2009].
         (d)  Not later than December 1, 2010, the Sunset Advisory
  Commission shall review and prepare a written report for submission
  to the legislature on the department's implementation of:
               (1)  the recommendations in the 2008 audit of the
  department's information technology system; and
               (2)  a civilian business model for the operation of the
  driver's license division that focuses on improving customer
  service by:
                     (A)  using best practices in call center
  technology and monitoring customer service calls;
                     (B)  expanding operating hours at driver's
  license offices; and
                     (C)  decreasing the time the department takes to
  send a replacement driver's license.
         (e)  The Sunset Advisory Commission shall submit the report
  required by Subsection (d) not later than February 15, 2011. This
  subsection and Subsection (d) expire August 31, 2011.
         SECTION 5.02.  Section 411.0035, Government Code, is amended
  to read as follows:
         Sec. 411.0035.  MEMBER AND GENERAL COUNSEL RESTRICTION.  (a)  
  In this section, "Texas trade association" means a cooperative and
  voluntarily joined statewide association of business or
  professional competitors in this state designed to assist its
  members and its industry or profession in dealing with mutual
  business or professional problems and in promoting their common
  interest.
         (b)  A person may not be [serve as] a member of the commission
  and may not be a department employee employed in a "bona fide
  executive, administrative, or professional capacity," as that
  phrase is used for purposes of establishing an exemption to the
  overtime provisions of the federal Fair Labor Standards Act of 1938
  (29 U.S.C. Section 201 et seq.), if:
               (1)  the person is an officer, employee, or paid
  consultant of a Texas trade association in the field of law
  enforcement or private security; or
               (2)  the person's spouse is an officer, manager, or paid
  consultant of a Texas trade association in the field of law
  enforcement or private security.
         (c)  A person may not be a member of the commission or act as
  the general counsel to the commission if the person is required to
  register as a lobbyist under Chapter 305 because of the person's
  activities for compensation on behalf of a profession related to
  the operation of the commission.
         SECTION 5.03.  Subchapter A, Chapter 411, Government Code,
  is amended by adding Section 411.0042 to read as follows:
         Sec. 411.0042.  DIVISION OF RESPONSIBILITIES. The
  commission shall develop and implement policies that clearly
  separate the policymaking responsibilities of the commission and
  the management responsibilities of the director and the staff of
  the department.
         SECTION 5.04.  Subchapter A, Chapter 411, Government Code,
  is amended by adding Section 411.0043 to read as follows:
         Sec. 411.0043.  TECHNOLOGY POLICY.  The commission shall
  implement a policy requiring the department to use appropriate
  technological solutions to improve the department's ability to
  perform its functions. The policy must ensure that the public is
  able to interact with the department on the Internet.
         SECTION 5.05.  Subchapter A, Chapter 411, Government Code,
  is amended by adding Section 411.0044 to read as follows:
         Sec. 411.0044.  NEGOTIATED RULEMAKING AND ALTERNATIVE
  DISPUTE RESOLUTION.  (a)  The commission shall develop and
  implement a policy to encourage the use of:
               (1)  negotiated rulemaking procedures under Chapter
  2008 for the adoption of department rules; and
               (2)  appropriate alternative dispute resolution
  procedures under Chapter 2009 to assist in the resolution of
  internal and external disputes under the department's
  jurisdiction.
         (b)  The department's procedures relating to alternative
  dispute resolution must conform, to the extent possible, to any
  model guidelines issued by the State Office of Administrative
  Hearings for the use of alternative dispute resolution by state
  agencies.
         (c)  The commission shall designate a trained person to:
               (1)  coordinate the implementation of the policy
  adopted under Subsection (a);
               (2)  serve as a resource for any training needed to
  implement the procedures for negotiated rulemaking or alternative
  dispute resolution; and
               (3)  collect data concerning the effectiveness of those
  procedures, as implemented by the department.
         SECTION 5.06.  The heading to Section 411.005, Government
  Code, is amended to read as follows:
         Sec. 411.005.  DIRECTOR, DEPUTY DIRECTORS, AND ASSISTANT
  DIRECTORS [DIRECTOR].
         SECTION 5.07.  Section 411.005, Government Code, is amended
  by amending Subsections (a), (b), and (c) to read as follows:
         (a)  The commission shall appoint a citizen of the United
  States [this state] as public safety director. The director serves
  until removed by the commission.
         (b)  The director may appoint, with the advice and consent of
  the commission, deputy directors and assistant directors who shall
  perform the duties that the director designates. Deputy directors
  and [An] assistant directors serve [director serves] until removed
  by the director.
         (c)  The commission shall select the director, and the
  director shall select deputy directors and assistant directors [an
  assistant director], on the basis of the person's training,
  experience, and qualifications for the position.  [The director and
  an assistant director must have five years' experience, preferably
  in police or public administration.] The director, [and an
  assistant director] deputy directors, and assistant directors are
  entitled to annual salaries as provided by the legislature.
         SECTION 5.08.  Section 411.015(b), Government Code, is
  amended to read as follows:
         (b)  [The number of divisions may not exceed the number of
  divisions existing on August 22, 1957.] The division relating to
  the Texas Rangers may not be abolished.
         SECTION 5.09.  Sections 411.0195(a), (b), and (c),
  Government Code, are amended to read as follows:
         (a)  The department shall maintain a system to promptly and
  efficiently act on [prepare information of public interest
  describing the functions of the department and the department's
  procedures by which] complaints [are] filed with [and resolved by]
  the department. The department shall maintain [make the]
  information about parties to the complaint, the subject matter of
  the complaint, a summary of the results of the review or
  investigation of the complaint, and its disposition [available to
  the public and appropriate state agencies].
         (b)  The department shall make information available
  describing its procedures for complaint investigation and
  resolution [director by rule shall establish methods by which
  consumers and service recipients are notified of the name, mailing
  address, and telephone number of the department for the purpose of
  directing complaints to the department].
         (c)  The department shall periodically notify the complaint
  parties of the status of the complaint until final disposition
  [maintain a file on each written complaint filed with the
  department. The file must include:
               [(1)  the name of the person who filed the complaint;
               [(2)     the date the complaint is received by the
  department;
               [(3)  the subject matter of the complaint;
               [(4)     the name of each person contacted in relation to
  the complaint;
               [(5)     a summary of the results of the review or
  investigation of the complaint; and
               [(6)     an explanation of the reason the file was closed,
  if the agency closed the file without taking action other than to
  investigate the complaint].
         SECTION 5.10.  Section 411.188, Government Code, is amended
  by adding Subsection (j) to read as follows:
         (j)  The department may offer online, or allow a qualified
  handgun instructor to offer online, the continuing education
  instruction course and written section of the proficiency
  examination required to renew a license.
         SECTION 5.11.  Section 411.190, Government Code, is amended
  by adding Subsection (d-1) to read as follows:
         (d-1)  The department shall ensure that an applicant may
  renew certification under Subsection (d) from any county in this
  state by using an online format to complete the required retraining
  courses if:
               (1)  the applicant is renewing certification for the
  first time; or
               (2)  the applicant completed the required retraining
  courses in person the previous time the applicant renewed the
  certificate.
         SECTION 5.12.  The heading to Section 411.244, Government
  Code, is amended to read as follows:
         Sec. 411.244.  OFFICE OF INSPECTOR GENERAL [INTERNAL
  AFFAIRS].
         SECTION 5.13.  Section 411.244, Government Code is amended
  by amending Subsections (a), (b), (d), (e), and (f), and by adding
  Subsection (g) to read as follows:
         (a)  The commission [director] shall establish the office of
  inspector general, which is responsible for:
               (1)  acting to prevent and detect serious breaches of
  departmental policy, fraud, and abuse of office, including any acts
  of criminal conduct within the department; and
               (2)  independently and objectively reviewing,
  investigating, delegating an investigation, and overseeing the
  investigation of administrative and all other allegations of
  conduct referred to in (a)(1) above and the following:
                     (A)  criminal activity occurring in all divisions
  of the department;
                     (B)  allegations of wrongdoing by department
  employees;
                     (C)  crimes committed on department property; and
                     (D)  serious breaches of department policy
  [internal affairs].
         (b)  The office of inspector general [internal affairs] has
  [original] departmental jurisdiction for oversight and
  coordination over all investigations occurring on department
  property or involving department employees. The office shall
  coordinate and provide oversight, but need not conduct, all
  investigations under this section.  The inspector general shall
  delegate criminal allegations arising under this section to the
  Texas Ranger division or the Criminal Law Enforcement division of
  the department for investigation or referral back to the inspector
  general for further action.  However the inspector general shall
  continually monitor referred matters and report to the commission
  along with any other division investigating a matter on its status
  while pending.
         (d)  The commission has direct oversight over the office of
  inspector general, including decisions regarding budget and
  staffing.  The commission [director] shall appoint the inspector
  general [head of the office of internal affairs].  The inspector
  general [head of the office of internal affairs] serves until
  removed by the commission [director].  The commission shall
  establish policies to ensure that the commission continues to
  oversee the office of inspector general as required by this
  subsection and to ensure that the office of inspector general
  retains and exercises its original jurisdiction under Subsection
  (b).
         (e)  The inspector general [head of the office of internal
  affairs] shall report directly to the commission [director]
  regarding performance of and activities related to investigations,
  report to the director for administrative purposes, and provide the
  director with information regarding investigations as appropriate.
         (f)  The inspector general [head of the office of internal
  affairs] shall present at each regularly scheduled commission
  meeting and at other appropriate times:
               (1)  reports of investigations; and
               (2)  a summary of information relating to
  investigations conducted under this section that includes analysis
  of the number, type, and outcome of investigations, trends in the
  investigations, and recommendations to avoid future complaints.
         (g)  This chapter or other law related to the operation of
  the department's office of inspector general does not preempt the
  authority of the state auditor to conduct an audit or investigation
  under Chapter 321 or other law.
         SECTION 5.14.  Section 662.005(b), Government Code, is
  amended to read as follows:
         (b)  Except as provided by Section 662.010, and
  notwithstanding Section 659.015 or another law, a state employee
  who is a peace officer commissioned by a state officer or state
  agency listed under Article 2.12, Code of Criminal Procedure, or
  who is employed by the Department of Public Safety either to perform
  communications or dispatch services related to traffic law
  enforcement or as a public security officer, as that term is defined
  by Section 1701.001, Occupations Code, and who is required to work
  on a national or state holiday that falls on a Saturday or Sunday is
  entitled to compensatory time off at the rate of one hour for each
  hour worked on the holiday.
         SECTION 5.15.  Sections 411.0195(d) and (e), Government
  Code, are repealed.
         SECTION 5.16.  The changes in law made by this article by the
  amendment of Section 411.0035, Government Code, apply only to a
  person first appointed to the Public Safety Commission or employed
  by the Department of Public Safety of the State of Texas on or after
  the effective date of this Act. A person first appointed or
  employed before the effective date of this Act is governed by the
  law in effect immediately before that date, and the former law is
  continued in effect for that purpose.
         SECTION 5.17.  The changes in law made by this article by the
  amendment of Section 411.0195, Government Code, apply only to a
  complaint filed on or after the effective date of this Act. A
  complaint filed before the effective date of this Act is governed by
  the law in effect when the complaint was filed, and the former law
  is continued in effect for that purpose.
         SECTION 5.18.  The Department of Public Safety of the State
  of Texas shall take action as necessary to ensure that an applicant
  may renew a qualified handgun instructor certification from any
  county in this state, as required by Section 411.190(d-1),
  Government Code, as added by this Act, not later than March 1, 2010.
         SECTION 5.19.  The Department of Public Safety shall develop
  customer service training requirements that at a minimum must be
  completed by the staff of the driver license division that interact
  with the public.  Each new employee of the division that is required
  to complete this training, as a condition of employment, must do so
  by the end of the third month of employment.  Thereafter, each
  employee that the training applies to shall participate annually in
  this training.
         SECTION 5.20.  The Department of Public Safety shall develop
  cultural diversity training requirements to be completed by all
  staff of the drivers license division.  Each new employee of the
  division, as a condition of employment, must complete the training
  by the end of the third month of employment.  Thereafter, each
  employee in the division shall participate annually in the
  diversity training.
         SECTION 5.21.  The Department of Public Safety shall develop
  training requirements regarding proof of citizenship documents.  At
  a minimum, this training must be completed by all staff in the
  drivers license division.  Each new employee of this division, as a
  condition of employment, must complete the training by the end of
  the third month of employment.  Thereafter, each employee of the
  division shall participate annually in this training.
  ARTICLE 6. ADDITIONAL PROVISIONS
         SECTION 6.01.  Section 411.00755(b), Government Code, is
  amended to read as follows:
         (b)  The [Notwithstanding Chapter 552, the] personnel
  records of a commissioned officer of the department may not be
  disclosed or otherwise made available to the public, except the
  department shall release in accordance with Chapter 552:
               (1)  any letter, memorandum, or document relating to:
                     (A)  a commendation, congratulation, or honor
  bestowed on the officer for an action, duty, or activity that
  relates to the officer's official duties; and
                     (B)  misconduct by the officer, if the letter,
  memorandum, or document resulted in disciplinary action;
               (2)  the state application for employment submitted by
  the officer, but not including any attachments to the application;
               (3)  any reference letter submitted by the officer;
               (4)  any letter of recommendation for the officer;
               (5)  any employment contract with the officer;
               (6)  any periodic evaluation of the officer by a
  supervisor;
               (7)  any document recording a promotion or demotion of
  the officer;
               (8)  any request for leave by the officer;
               (9)  any request by the officer for transfers of shift
  or duty assignments;
               (10)  any documents presented to the commission in
  connection with a public hearing under Section 411.007(f);
               (11)  the officer's:
                     (A)  name;
                     (B)  age;
                     (C)  dates of employment;
                     (D)  positions held; and
                     (E)  gross salary; and
               (12)  information about the location of the officer's
  department duty assignments.
         SECTION 6.02.  Subchapter A, Chapter 411, Government Code,
  is amended by adding Section 411.0161 to read as follows:
         Sec. 411.0161.  DONATION OF ACCRUED COMPENSATORY TIME OR
  ACCRUED ANNUAL LEAVE FOR LEGISLATIVE PURPOSES.  (a)  The director
  shall allow a department employee to voluntarily transfer to a
  legislative leave pool up to eight hours of compensatory time or
  annual leave per year earned by the employee.
         (b)  The director or designee shall administer the
  legislative leave pool.
         (c)  The Public Safety Commission shall adopt rules and
  prescribe procedures relating to the operation of the legislative
  leave pool.
         (d)  The director or designee shall credit the legislative
  leave pool with the amount of time contributed by an employee and
  deduct a corresponding amount of time from the employee's earned
  compensatory time or annual leave as if the employee had used the
  time for personal purposes.
         (e)  An employee is entitled to use time contributed to the
  legislative leave pool if the employee uses the time for
  legislative leave on behalf of a law enforcement association of at
  least 1,000 active or retired members governed by a board of
  directors.
         (f)  The director of the pool administrator shall transfer
  time from the pool to the employee and credit the time to the
  employee.
         (g)  An employee may only withdraw time from the legislative
  leave pool in coordination and with the consent of the president or
  designee of the law enforcement association described in Subsection
  (e), and may not draw more than 80 hours of time from the pool in a
  160-hours work cycle with the maximum time taken not to exceed 480
  hours per fiscal year.
         (h)  In addition to Subsection (g), the use of any time from
  the legislative leave pool must also be in accordance with rules
  adopted by the Public Safety Commission.
         SECTION 6.03.  Section 411.192, Government Code, is amended
  by amending Subsections (a) and (d) and adding Subsection (e) to
  read as follows:
         (a)  The department shall disclose to a criminal justice
  agency information contained in its files and records regarding
  whether a named individual or any individual named in a specified
  list is licensed under this subchapter. Information on an
  individual subject to disclosure under this section includes the
  individual's name, date of birth, gender, race, [and] zip code,
  telephone number, e-mail address, and Internet website address.
  Except as otherwise provided by this section and by Section
  411.193, all other records maintained under this subchapter are
  confidential and are not subject to mandatory disclosure under the
  open records law, Chapter 552.
         (d)  The [This section does not prohibit the] department
  shall make [from making] public and distribute [distributing] to
  the public at no cost lists of individuals who are certified as
  qualified handgun instructors by the department and who request to
  be included as provided by Subsection (e). The department shall
  include on the lists each individual's name, telephone number,
  e-mail address, and Internet website address. The department shall
  make the list available on the department's Internet website.
         (e)  An individual who is certified as a qualified handgun
  instructor may request in writing that the department disclose all
  or part of the information described by Subsection (d) regarding
  the individual. The department shall include all or part of the
  individual's information on the list as requested.
         SECTION 6.04.  Section 614.151(2), Government Code, as added
  by Chapter 1159 (H.B. 12), Acts of the 80th Legislature, Regular
  Session, 2007, is amended to read as follows:
               (2)  "Law enforcement officer" means a person who[:
                     [(A)]  is a commissioned peace officer[;
                     [(B)  is] employed by a law enforcement agency[;
  and
                     [(C)  is compensated according to:
                           [(i)     Schedule C of the position
  classification salary schedule prescribed by the General
  Appropriations Act if the person is employed by a law enforcement
  agency other than the Parks and Wildlife Department; or
                           [(ii)     Schedule B or C of the position
  classification salary schedule prescribed by the General
  Appropriations Act if the person is employed by the Parks and
  Wildlife Department].
         SECTION 6.05.  Section 614.152, Government Code, as added by
  Chapter 1159 (H.B. 12), Acts of the 80th Legislature, Regular
  Session, 2007, is amended by amending the section heading and
  Subsections (a) and (c) and by adding Subsections (a-1) and (a-2) to
  read as follows:
         Sec. 614.152.  PHYSICAL FITNESS PROGRAMS AND STANDARDS. (a)
  Each [Out of appropriated funds, each] law enforcement agency shall
  adopt physical fitness programs that a law enforcement officer must
  participate in and physical fitness standards that a law
  enforcement officer must meet [to continue employment with the
  agency as a law enforcement officer]. The standards as applied to
  an officer must directly relate to the officer's job duties and
  shall include individual fitness goals specific to the officer's
  age and gender. A law enforcement agency shall use the services of
  a consultant to aid the agency in developing the standards.
         (a-1)  Each law enforcement agency shall adopt a reward
  policy that provides for reward incentives to officers who
  participate in the program and meet the standards adopted under
  Subsection (a). The reward incentives under the policy must be an
  amount of administrative leave of not more than four days per year.
         (a-2)  An agency may adopt physical readiness standards
  independent of other law enforcement agencies.
         (c)  A law enforcement agency may exempt a law enforcement
  officer from participating in a program or meeting a standard under
  Subsection (a) based on the facts and circumstances of the
  individual case, including whether an officer was injured in the
  line of duty.
         SECTION 6.06.  Section 411.171(4), Government Code, is
  amended to read as follows:
               (4)  "Convicted" means an adjudication of guilt or,
  except as provided in Section 411.1711, an order of deferred
  adjudication entered against a person by a court of competent
  jurisdiction whether or not the imposition of the sentence is
  subsequently probated and the person is discharged from community
  supervision.  The term does not include an adjudication of guilt or
  an order of deferred adjudication that has been subsequently:
                     (A)  expunged; [or]
                     (B)  pardoned under the authority of a state or
  federal official; or
                     (C)  otherwise vacated, set aside, annulled,
  invalidated, voided, or sealed under any state or federal law.
         SECTION 6.07.  Subchapter C, Chapter 521, Transportation
  Code, is amended by adding Section 521.060 to read as follows:
         Sec. 521.060.  DRIVER RECORD MONITORING PILOT PROGRAM.  
  (a)  The department by rule may establish a driver record
  monitoring pilot program.  The term of the pilot program may not
  exceed one year.
         (b)  Under the pilot program, the department may enter into a
  contract with a person to provide driver record monitoring
  services, as described by Subsection (c), and certain information
  from the department's driver's license records to the person, if the
  person:
               (1)  is an employer, an insurer, an insurance support
  organization, an employer support organization, or an entity that
  self-insures its motor vehicles; and
               (2)  is eligible to receive the information under
  Chapter 730.
         (c)  A contract entered into by the department must require:
               (1)  the department, during the term of the contract,
  to:
                     (A)  monitor the driver record of each holder of a
  driver's license issued by the department that is requested by the
  person with whom the department has contracted;
                     (B)  identify any change in the status of a
  driver's license or any conviction for a traffic offense reported
  to the department during the monitoring period; and
                     (C)  periodically, as specified in the contract,
  provide reports of those individuals identified as having a change
  in status or convictions to the person with whom the department has
  contracted; and
               (2)  the person with whom the department has
  contracted:
                     (A)  to purchase under Section 521.046 a copy of
  the driver record of each individual identified in a report
  provided under Subdivision (1)(C);
                     (B)  to warrant that:
                           (i)  the person will not directly or
  indirectly disclose information received from the department under
  the contract to a third party without the express written consent of
  the department, except as required by law or legal process; and
                           (ii)  if a disclosure is required by law or
  legal process, the person will immediately notify the department so
  that the department may seek to oppose, limit, or restrict the
  required disclosure; and
                     (C)  if the person is an insurance support
  organization, to warrant that the person will not seek to obtain
  information about a holder of a driver's license under the contract
  unless the license holder is insured by a client of the
  organization, and that the person will provide the department with
  the name of each client to whom the insurance support organization
  provides information received from the department under the
  contract.
         (d)  The attorney general may file a suit against a person
  with whom the department has contracted under this section for:
               (1)  injunctive relief to prevent or restrain the
  person from violating a term of the contract or from directly or
  indirectly disclosing information received from the department
  under the contract in a manner that violates the terms of the
  contract; or
               (2)  a civil penalty in an amount not to exceed $2,000
  for each disclosure in violation of those terms.
         (e)  If the attorney general brings an action against a
  person under Subsection (d) and an injunction is granted against
  the person or the person is found liable for a civil penalty, the
  attorney general may recover reasonable expenses, court costs,
  investigative costs, and attorney's fees.  Each day a violation
  continues or occurs is a separate violation for purposes of
  imposing a penalty under Subsection (d).
         (f)  A violation of the terms of a contract entered into with
  the department by the person with whom the department has
  contracted is a false, misleading, or deceptive act or practice
  under Subchapter E, Chapter 17, Business & Commerce Code.
         (g)  A civil action brought under this section shall be filed
  in a district court:
               (1)  in Travis County; or
               (2)  in any county in which the violation occurred.
         (h)  A person with whom the department has contracted under
  this section commits an offense if the person directly or
  indirectly discloses information received from the department
  under the contract in a manner that violates the terms of the
  contract.  An offense under this subsection is a Class B
  misdemeanor.  If conduct constituting an offense under this
  subsection also constitutes an offense under another law, the actor
  may be prosecuted under this subsection, the other law, or both.
         (i)  The department shall impose a fee on each person with
  whom the department contracts under this section for the services
  provided by the department under the contract.  The fee must be
  reasonable and be not less than the amount necessary to allow the
  department to recover all reasonable costs to the department
  associated with entering into the contract and providing services
  to the person under the contract, including direct, indirect, and
  administrative costs and costs related to the development and
  deployment of the pilot program.
         (j)  The department may establish a reasonable deadline by
  which a person must apply to enter into a contract with the
  department under this section and may not enter into a contract with
  a person who fails to apply before that deadline.
         (k)  To the fullest extent practicable, the services of the
  department under a contract entered into under this section shall
  be provided by, through, or in conjunction with the interactive
  system established under Section 521.055.
         (l)  At the conclusion of the term of the pilot program, and
  on the recommendation of the department, the commission may
  authorize the department to implement the pilot program as a
  permanent program.
         (m)  Before the department recommends that the pilot program
  be implemented as a permanent program, the department shall submit
  to the lieutenant governor, the speaker of the house of
  representatives, and each member of the legislature a report that
  contains an analysis of the scope, effectiveness, and cost benefits
  of the pilot program.  The report must include:
               (1)  a list of each insurance support organization with
  which the department has contracted under this section; and
               (2)  a list of each client to whom the insurance support
  organization has provided information received from the department
  under this section.
         SECTION 6.08.  Subchapter S, Chapter 521, Transportation
  Code, is amended by adding Section 521.4565 to read as follows:
         Sec. 521.4565.  CONSPIRING TO MANUFACTURE COUNTERFEIT
  LICENSE OR CERTIFICATE. (a)  In this section:
               (1)  "Combination," "conspires to commit," "profits,"
  and "criminal street gang" have the meanings assigned by Section
  71.01, Penal Code.
               (2)  "Conspires to manufacture or produce" means that:
                     (A)  a person agrees with one or more other
  persons to engage in the manufacture or production of a forged or
  counterfeit instrument; and
                     (B)  the person and one or more of the other
  persons perform an overt act in pursuance of the agreement.
               (3)  "Instrument" means a driver's license, commercial
  driver's license, or personal identification certificate.
               (4)  "Public servant" has the meaning assigned by
  Section 1.07, Penal Code.
         (b)  A person commits an offense if the person establishes,
  maintains, or participates in or conspires to establish, maintain,
  or participate in a combination or criminal street gang, or
  participates in the profits of a combination or criminal street
  gang, with the intent to manufacture or produce a forged or
  counterfeit instrument for the purpose of selling, distributing, or
  delivering the instrument. An agreement that constitutes
  conspiring to manufacture or produce may be inferred from the acts
  of the parties.
         (c)  An offense under this section is a state jail felony,
  except that an offense committed by a public servant is a felony of
  the third degree.
         SECTION 6.09.  Section 548.005, Transportation Code, is
  amended to read as follows:
         Sec. 548.005.  INSPECTION ONLY BY STATE-CERTIFIED AND
  SUPERVISED INSPECTION STATION. A compulsory inspection under this
  chapter may be made only by an inspection station, except that the
  department may:
               (1)  permit inspection to be made by an inspector under
  terms and conditions the department prescribes; [and]
               (2)  authorize the acceptance in this state of a
  certificate of inspection and approval issued in another state
  having a similar inspection law; and
               (3)  authorize the acceptance in this state of a
  certificate of inspection and approval issued in compliance with 49
  C.F.R. Part 396 to a motor bus, as defined by Section 502.001, that
  is registered in this state but is not domiciled in this state.
         SECTION 6.10.  Section 708.157(c), Transportation Code, is
  amended to read as follows:
         (c)  The department by rule shall [may] establish an
  indigency program for holders of a driver's license on which a
  surcharge has been assessed for certain offenses, as determined by
  the department.
         SECTION 6.11.  Section 22.0834, Education Code, is amended
  by adding Subsections (k), (l), (m), (n), (o), and (p) to read as
  follows:
         (k)  The requirements of this section apply to an entity that
  contracts directly with a school district, open-enrollment charter
  school, or shared services arrangement and any subcontractor of the
  entity.
         (l)  A contracting entity shall require that a
  subcontracting entity obtain all criminal history record
  information that relates to an employee to whom Subsection (a)
  applies. If a contracting or subcontracting entity determines that
  Subsection (a) does not apply to an employee, the contracting or
  subcontracting entity shall make a reasonable effort to ensure that
  the conditions or precautions that resulted in the determination
  that Subsection (a) did not apply to the employee continue to exist
  throughout the time that the contracted services are provided.
         (m)  A contracting entity complies with the requirements of
  this section if the contracting entity obtains a written statement
  from each subcontracting entity certifying that the subcontracting
  entity has obtained the required criminal history record
  information for employees of the subcontracting entity and the
  subcontracting entity has obtained certification from each of the
  subcontracting entity's subcontractors.
         (n)  A subcontracting entity must certify to the school
  district, open-enrollment charter school, or shared services
  arrangement and the contracting entity that the subcontracting
  entity has obtained all criminal history record information that
  relates to an employee to whom Subsection (a) applies and has
  obtained similar written certifications from the subcontracting
  entity's subcontractors.
         (o)  A contracting or subcontracting entity may not permit an
  employee to whom Subsection (a) applies to provide services at a
  school if the employee has been convicted of a felony or misdemeanor
  offense that would prevent a person from obtaining certification as
  an educator under Section 21.060.
         (p)  In this section:
               (1)  "Contracting entity" means an entity that
  contracts directly with a school district, open-enrollment charter
  school, or shared services arrangement to provide services to the
  school district, open-enrollment charter school, or shared
  services arrangement.
               (2)  "Subcontracting entity" means an entity that
  contracts with another entity that is not a school district,
  open-enrollment charter school, or shared services arrangement to
  provide services to a school district, open-enrollment charter
  school, or shared services arrangement.
  ARTICLE 7.  TEXAS RANGERS' UNSOLVED CRIMES INVESTIGATION TEAM
         SECTION 7.01.  The heading to Subchapter J, Chapter 411,
  Government Code, is amended to read as follows:
  SUBCHAPTER J.  UNSOLVED CRIMES INVESTIGATION PROGRAM [TEAM]
         SECTION 7.02.  Section 411.262, Government Code, is amended
  to read as follows:
         Sec. 411.262.  UNSOLVED CRIMES INVESTIGATION PROGRAM
  [TEAM]. (a)  The unsolved crimes investigation program [team] is
  an investigative program [investigatory unit] within the
  department.
         (b)  The program is a function [team will be located at the
  headquarters] of the Texas Rangers [in Austin, Texas,] and will be
  commanded by the chief of the Texas Rangers.
         (c)  The director may employ commissioned peace officers and
  noncommissioned employees to perform duties required of the program
  [team].
         (d)  To be eligible for employment under this section, a
  peace officer must be a sergeant or higher-ranked officer of the
  Texas Rangers and must have [not less than four years of experience
  as a peace officer and:
               [(1)     a degree from an accredited institution of higher
  education in law, accounting, or computer science; or
               [(2)]  two or more years of experience in the
  investigation of homicides or other major felonies.
         (e)  To be eligible for employment under this section, a
  noncommissioned employee must meet the experience, training, and
  educational qualifications set by the director as requirements for
  investigating or assisting in the investigation of an unsolved
  crime.
         SECTION 7.03.  Section 411.263, Government Code, is amended
  to read as follows:
         Sec. 411.263.  ASSISTANCE ON REQUEST.  On the request of an
  attorney representing the state and with the approval of the
  director, employees of the unsolved crimes investigation program
  [team] of the department may assist local law enforcement in the
  investigation of crime.
         SECTION 7.04.  This article takes effect immediately if this
  Act receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.  
  If this Act does not receive the vote necessary for immediate
  effect, this article takes effect September 1, 2009.
  ARTICLE 8.  DISSEMINATION OF EMERGENCY PUBLIC SERVICE MESSAGES
         SECTION 8.01.  Section 418.047, Government Code, is amended
  by adding Subsection (a-1) to read as follows:
         (a-1)  The division shall coordinate with the Texas
  Department of Transportation to establish additional methods for
  disseminating emergency public service messages to motorists,
  including:
               (1)  severe weather advisories;
               (2)  AMBER alerts under Subchapter L, Chapter 411; and
               (3)  silver alerts under Subchapter M, Chapter 411.
  ARTICLE 9.  AUTHORITY OF DEPARTMENT TO OBTAIN AND USE CRIMINAL
  HISTORY RECORD INFORMATION FOR CERTAIN DEPARTMENTAL AUTHORIZATIONS
         SECTION 9.01.  Subchapter F, Chapter 411, Government Code,
  is amended by adding Section 411.0891 to read as follows:
         Sec. 411.0891.  DEPARTMENT ACCESS TO CRIMINAL HISTORY RECORD
  INFORMATION: CERTAIN DEPARTMENTAL AUTHORIZATIONS. (a) Subject to
  Section 411.087, the department is authorized to obtain and use
  criminal history record information maintained by the Federal
  Bureau of Investigation or the department that relates to a person
  who:
               (1)  is an applicant for or holds a registration issued
  by the director under Subchapter C, Chapter 481, Health and Safety
  Code, that authorizes the person to manufacture, distribute,
  analyze, or conduct research with a controlled substance;
               (2)  is an applicant for or holds a chemical precursor
  transfer permit issued by the director under Section 481.078,
  Health and Safety Code;
               (3)  is an applicant for or holds a chemical laboratory
  apparatus transfer permit issued by the director under Section
  481.081, Health and Safety Code;
               (4)  is an applicant for certification by the
  department as an inspection station or an inspector under
  Subchapter G, Chapter 548, Transportation Code, holds an inspection
  station or inspector certificate issued under that subchapter, or
  is the owner of an inspection station operating under that chapter;
  or
               (5)  is an applicant for approval or has been approved
  as a program sponsor by the department under Chapter 662,
  Transportation Code, is an applicant for certification by the
  department as an instructor under that chapter, or holds an
  instructor certificate issued under that chapter.
         (b)  The department may release or disclose criminal history
  record information obtained or used by the department for a purpose
  described by Subsection (a) to another person or agency only:
               (1)  in a criminal proceeding;
               (2)  in a hearing conducted by the department;
               (3)  under an order from a court; or
               (4)  with the consent of the person who is the subject
  of the criminal history record information.
         (c)  This section may not be construed to limit the authority
  of the department to disseminate criminal history record
  information as provided by Section 411.083.
         SECTION 9.02.  This article takes effect immediately if this
  Act receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.  
  If this Act does not receive the vote necessary for immediate
  effect, this article takes effect September 1, 2009.
  ARTICLE 9A.  DISCLOSURE OF CRIMINAL HISTORY RECORD INFORMATION
  REGARDING PUBLIC SCHOOL EMPLOYEES
         SECTION 9A.01.  Section 411.084, Government Code, is amended
  by amending Subsection (a) and adding Subsections (a-1) and (c) to
  read as follows:
         (a)  Criminal history record information obtained from the
  department under this subchapter, including any identification
  information that could reveal the identity of a person about whom
  criminal history record information is requested and information
  that directly or indirectly indicates or implies involvement of a
  person in the criminal justice system:
               (1)  is for the exclusive use of the authorized
  recipient of the information; and
               (2)  may be disclosed or used by the recipient only if,
  and only to the extent that, disclosure or use is authorized or
  directed by:
                     (A)  this subchapter;
                     (B)  another statute;
                     (C)  a rule adopted under a statute; or
                     (D)  an order of a court of competent
  jurisdiction.
         (a-1)  The term "criminal history record" information under
  Subsection (a) does not refer to any specific document produced to
  comply with this subchapter but to the information contained,
  wholly or partly, in a document's original form or any subsequent
  form or use.
         (c)  An agency or individual may not confirm the existence or
  nonexistence of criminal history record information to any person
  that is not eligible to receive the information.
         SECTION 9A.02. Sections 411.090(b) and (c), Government Code,
  are amended to read as follows:
         (b)  Criminal history record information obtained by the
  board in the original form or any subsequent form [under Subsection
  (a)]:
               (1)  may be used only for a [any] purpose related to the
  issuance, denial, suspension, or cancellation of a certificate
  issued by the board;
               (2)  may not be released to any person except:
                     (A)  the person who is the subject of the
  information;
                     (B)  the Texas Education Agency;
                     (C)  a local or regional educational entity as
  provided by Section 411.097; or
                     (D)  by [on] court order [or with the consent of
  the applicant for a certificate]; [and]
               (3)  is not subject to disclosure as provided by
  Chapter 552; and
               (4)  shall be destroyed by the board after the
  information is used for the authorized purposes.
         (c)  The department shall notify the State Board for Educator
  Certification of the arrest of any educator, as defined by Section
  5.001, Education Code, who has fingerprints on file with the
  department. Any record of the notification and any information
  contained in the notification is not subject to disclosure as
  provided by Chapter 552.
         SECTION 9A.03.  Section 411.0901, Government Code, is
  amended to read as follows:
         Sec. 411.0901.  ACCESS TO CRIMINAL HISTORY RECORD
  INFORMATION: TEXAS EDUCATION AGENCY. (a)  The Texas Education
  Agency is entitled to obtain criminal history record information
  maintained by the department about a person who:
               (1)  is employed or is an applicant for employment by a
  school district or open-enrollment charter school;
               (2)  is employed or is an applicant for employment by a
  shared services arrangement, if the employee's or applicant's
  duties are or will be performed on school property or at another
  location where students are regularly present; or
               (3)  is employed or is an applicant for employment by an
  entity that contracts with a school district, open-enrollment
  charter school, or shared services arrangement if:
                     (A)  the employee or applicant has or will have
  continuing duties relating to the contracted services; and
                     (B)  the employee or applicant has or will have
  direct contact with students.
         (b)  Criminal history record information obtained by the
  agency in the original form or any subsequent form:
               (1)  may be used only for a purpose authorized by the
  Education Code;
               (2)  may not be released to any person except:
                     (A)  the person who is the subject of the
  information;
                     (B)  the State Board for Educator Certification;
                     (C)  a local or regional educational entity as
  provided by Section 411.097; or
                     (D)  by court order;
               (3)  is not subject to disclosure as provided by
  Chapter 552; and
               (4)  shall be destroyed by the agency after the
  information is used for the authorized purposes.
         SECTION 9A.04.  Section 411.097, Government Code, is amended
  by amending Subsection (d) and adding Subsection (f) to read as
  follows:
         (d)  Criminal history record information obtained by a
  school district, charter school, private school, service center,
  commercial transportation company, or shared services arrangement
  in the original form or any subsequent form:
               (1)  [under Subsection (a), (b), or (c)] may not be
  released [or disclosed] to any person except:
                     (A)  [, other than] the individual who is the
  subject of the information;
                     (B)  [,] the Texas Education Agency;
                     (C)  [,] the State Board for Educator
  Certification;
                     (D)  [, or] the chief personnel officer of the
  transportation company, if the information is obtained under
  Subsection (a)(2); or
                     (E)  by court order;
               (2)  is not subject to disclosure as provided by
  Chapter 552; and
               (3)  shall be destroyed by the school district, charter
  school, private school, service center, commercial transportation
  company, or shared services arrangement on the earlier of:
                     (A)  the first anniversary of the date the
  information was originally obtained; or
                     (B)  the date the information is used for the
  authorized purpose.
         (f)  An employee of a school district, charter school,
  private school, regional education service center, commercial
  transportation company, or education shared services arrangement
  or an entity that contracts to provide services to a school
  district, charter school, or shared services arrangement may
  request from the employer a copy of any criminal history record
  information relating to that employee that the employer has
  obtained as provided by Subchapter C, Chapter 22, Education Code.
  The employer may charge a fee to an employee requesting a copy of
  the information in an amount not to exceed the actual cost of
  copying the requested criminal history record information.
         SECTION 9A.05.  Subchapter C, Chapter 22, Education Code, is
  amended by adding Section 22.08391 to read as follows:
         Sec. 22.08391.  CONFIDENTIALITY OF INFORMATION. (a)  
  Information collected about a person to comply with this
  subchapter, including the person's name, address, phone number,
  social security number, driver's license number, other
  identification number, and fingerprint records:
               (1)  may not be released except:
                     (A)  to comply with this subchapter;
                     (B)  by court order; or
                     (C)  with the consent of the person who is the
  subject of the information;
               (2)  is not subject to disclosure as provided by
  Chapter 552, Government Code; and
               (3)  shall be destroyed by the requestor or any
  subsequent holder of the information not later than the first
  anniversary of the date the information is received.
         (b)  Any criminal history record information received by the
  State Board for Educator Certification as provided by this
  subchapter is subject to Section 411.090(b), Government Code.
         (c)  Any criminal history record information received by the
  agency as provided by this subchapter is subject to Section
  411.0901(b), Government Code. 
         (d)  Any criminal history record information received by a
  school district, charter school, private school, regional
  education service center, commercial transportation company, or
  education shared services arrangement or an entity that contracts
  to provide services to a school district, charter school, or shared
  services arrangement as provided by this subchapter is subject to
  Section 411.097(d), Government Code.
         SECTION 9A.06.  The change in law made by this article
  applies to information collected, assembled, or maintained before,
  on, or after the effective date of this article.
  ARTICLE 10.  COLLECTION, MAINTENANCE, AND TRANSFER AND OTHER
  DISSEMINATION OF CRIMINAL HISTORY RECORD INFORMATION AND JUVENILE
  JUSTICE INFORMATION
         SECTION 10.01.  Section 411.042(b), Government Code, as
  amended by Chapters 70 (H.B. 76), 1306 (S.B. 839), and 1372 (S.B.
  9), Acts of the 80th Legislature, Regular Session, 2007, is
  reenacted and amended to read as follows:
         (b)  The bureau of identification and records shall:
               (1)  procure and file for record photographs, pictures,
  descriptions, fingerprints, measurements, and other pertinent
  information of all persons arrested for or charged with a criminal
  offense or convicted of a criminal offense, regardless of whether
  the conviction is probated;
               (2)  collect information concerning the number and
  nature of offenses reported or known to have been committed in the
  state and the legal steps taken in connection with the offenses, and
  other information useful in the study of crime and the
  administration of justice, including information that enables the
  bureau to create a statistical breakdown of offenses in which
  family violence was involved and a statistical breakdown of
  offenses under Sections 22.011 and 22.021, Penal Code;
               (3)  make ballistic tests of bullets and firearms and
  chemical analyses of bloodstains, cloth, materials, and other
  substances for law enforcement officers of the state;
               (4)  cooperate with identification and crime records
  bureaus in other states and the United States Department of
  Justice;
               (5)  maintain a list of all previous background checks
  for applicants for any position regulated under Chapter 1702,
  Occupations Code, who have undergone a criminal history background
  check under Section 411.119, if the check indicates a Class B
  misdemeanor or equivalent offense or a greater offense;
               (6)  collect information concerning the number and
  nature of protective orders and all other pertinent information
  about all persons on active protective orders.  Information in the
  law enforcement information system relating to an active protective
  order shall include:
                     (A)  the name, sex, race, date of birth, personal
  descriptors, address, and county of residence of the person to whom
  the order is directed;
                     (B)  any known identifying number of the person to
  whom the order is directed, including the person's social security
  number or driver's license number;
                     (C)  the name and county of residence of the
  person protected by the order;
                     (D)  the residence address and place of employment
  or business of the person protected by the order, unless that
  information is excluded from the order under Section 85.007, Family
  Code;
                     (E)  the child-care facility or school where a
  child protected by the order normally resides or which the child
  normally attends, unless that information is excluded from the
  order under Section 85.007, Family Code;
                     (F)  the relationship or former relationship
  between the person who is protected by the order and the person to
  whom the order is directed;  and
                     (G)  the date the order expires; [and]
               (7)  grant access to criminal history record
  information in the manner authorized under Subchapter F;
               (8) [(7)]  collect and disseminate information
  regarding offenders with mental impairments in compliance with
  Chapter 614, Health and Safety Code; and
               (9)  record data and maintain a state database for a
  computerized criminal history record system and computerized
  juvenile justice information system that serves:
                     (A)  as the record creation point for criminal
  history record information and juvenile justice information
  maintained by the state; and
                     (B)  as the control terminal for the entry of
  records, in accordance with federal law and regulations, federal
  executive orders, and federal policy, into the federal database
  maintained by the Federal Bureau of Investigation.
         SECTION 10.02.  Section 411.083(b), Government Code, is
  amended to read as follows:
         (b)  The department shall grant access to criminal history
  record information to:
               (1)  criminal justice agencies;
               (2)  noncriminal justice agencies authorized by
  federal statute or executive order or by state statute to receive
  criminal history record information;
               (3)  the person who is the subject of the criminal
  history record information;
               (4)  a person working on a research or statistical
  project that:
                     (A)  is funded in whole or in part by state funds;
  or
                     (B)  meets the requirements of Part 22, Title 28,
  Code of Federal Regulations, and is approved by the department;
               (5)  an individual or an agency that has a specific
  agreement with a criminal justice agency to provide services
  required for the administration of criminal justice under that
  agreement, if the agreement:
                     (A)  specifically authorizes access to
  information;
                     (B)  limits the use of information to the purposes
  for which it is given;
                     (C)  ensures the security and confidentiality of
  the information; [and]
                     (D)  provides for sanctions if a requirement
  imposed under Paragraph (A), (B), or (C) is violated; and
                     (E)  requires the individual or agency to perform
  the applicable services in a manner prescribed by the department;
               (6)  an individual or an agency that has a specific
  agreement with a noncriminal justice agency to provide services
  related to the use of criminal history record information
  disseminated under this subchapter, if the agreement:
                     (A)  specifically authorizes access to
  information;
                     (B)  limits the use of information to the purposes
  for which it is given;
                     (C)  ensures the security and confidentiality of
  the information; [and]
                     (D)  provides for sanctions if a requirement
  imposed under Paragraph (A), (B), or (C) is violated; and
                     (E)  requires the individual or agency to perform
  the applicable services in a manner prescribed by the department;
               (7)  a county or district clerk's office; and
               (8)  the Office of Court Administration of the Texas
  Judicial System.
         SECTION 10.03.  Section 411.084(b), Government Code, is
  amended to read as follows:
         (b)  Notwithstanding Subsection (a) or any other provision
  in this subchapter, criminal history record information obtained
  from the Federal Bureau of Investigation may be released or
  disclosed only to a governmental entity or as authorized by federal
  law and regulations [statute, federal rule], [or] federal executive
  orders, and federal policy [order].
         SECTION 10.04.  Sections 411.0845(e), (i), and (k),
  Government Code, are amended to read as follows:
         (e)  A person entitled to receive criminal history record
  information under this section must provide the department with the
  following information regarding the person who is the subject of
  the criminal history record information requested:
               (1)  the person's full name, date of birth, sex, [Texas
  driver's license number or personal identification certificate
  number,] and social security number, and the number assigned to any
  form of unexpired identification card issued by this state or
  another state, the District of Columbia, or a territory of the
  United States that includes the person's photograph;
               (2)  a recent electronic digital image photograph of
  the person and a complete set of the person's fingerprints as
  required by the department; and
               (3)  any other information required by the department.
         (i)  The release under this section of any criminal history
  record information maintained by the Federal Bureau of
  Investigation, including the computerized information submitted to
  the federal database maintained by the Federal Bureau of
  Investigation as described by Section 411.042(b)(9)(B), is subject
  to federal law and regulations, federal executive orders, and
  federal policy.
         (k)  A governmental agency may coordinate with the
  department regarding the use of the fingerprinting fee collection
  process to collect [collection of] a fee for the criminal history
  record information and any other fees associated with obtaining a
  person's fingerprints as required by the department [through the
  fingerprinting fee collection process].
         SECTION 10.05.  Section 411.085(a), Government Code, is
  amended to read as follows:
         (a)  A person commits an offense if the person knowingly or
  intentionally:
               (1)  obtains criminal history record information in an
  unauthorized manner, uses the information for an unauthorized
  purpose, or discloses the information to a person who is not
  entitled to the information;
               [(2)     provides a person with a copy of the person's
  criminal history record information obtained from the department;]
  or
               (2) [(3)]  violates a rule of the department adopted
  under this subchapter.
         SECTION 10.06.  Section 411.094(d), Government Code, is
  amended to read as follows:
         (d)  Criminal history record information received by an
  institution of higher education under Subsection (b) may not be
  released or disclosed to any person except on court order or with
  the consent of the person who is the subject of the criminal history
  record information.
         SECTION 10.07.  Section 411.0985(c), Government Code, is
  amended to read as follows:
         (c)  The Texas Commission for the Blind may not release or
  disclose information obtained under Subsection (a) except on court
  order or with the consent of the person who is the subject of the
  criminal history record information.
         SECTION 10.08.  Section 411.1005(b), Government Code, is
  amended to read as follows:
         (b)  Information received by the state bar is confidential
  and may be disseminated only:
               (1)  in a disciplinary action or proceeding conducted
  by the state bar, the Board of Disciplinary Appeals, or any court;
  or
               (2)  with the consent of the person who is the subject
  of the criminal history record information.
         SECTION 10.09.  Section 411.1131(c), Government Code, is
  amended to read as follows:
         (c)  The Texas Commission for the Deaf and Hard of Hearing
  may not release or disclose information obtained under Subsection
  (a), except on court order or with the consent of the person who is
  the subject of the criminal history record information, and shall
  destroy all criminal history record information obtained under
  Subsection (a) after the information is used for its authorized
  purpose.
         SECTION 10.10.  Section 411.1182(c), Government Code, is
  amended to read as follows:
         (c)  Criminal history information obtained from the
  department may not be released or disclosed except:
               (1)  as needed in protecting the security of a
  commercial nuclear power plant;
               (2)  [or] as authorized by the United States Nuclear
  Regulatory Commission, a court order, or a federal or state law or
  order; or
               (3)  with the consent of the person who is the subject
  of the criminal history record information.
         SECTION 10.11.  Section 411.120(b), Government Code, is
  amended to read as follows:
         (b)  Criminal history record information obtained by a
  county judge under Subsection (a) may not be released or disclosed
  to any person except in a hearing held under Chapter 25 or 69,
  Alcoholic Beverage Code, or with the consent of the person who is
  the subject of the criminal history record information.
         SECTION 10.12.  Section 411.1236(b), Government Code, is
  amended to read as follows:
         (b)  Criminal history record information obtained by the
  Texas Commission on Fire Protection under Subsection (a) may not be
  released to any person or agency except on court order or with the
  consent of the person who is the subject of the criminal history
  record information, or if [unless] the information is entered into
  evidence by the board in an administrative, civil, or criminal
  hearing under Chapter 419.
         SECTION 10.13.  Section 411.136(e), Government Code, is
  amended to read as follows:
         (e)  All criminal history record information received by a
  public or nonprofit hospital or hospital district under this
  section is privileged, confidential, and intended for the exclusive
  use of the entity that obtained the information. The hospital or
  district may not release or disclose criminal history record
  information to any person or agency except in a criminal
  proceeding, in a hearing conducted by the hospital or district, to
  another governmental entity as required by law, [or] as required by
  court order, or with the consent of the person who is the subject of
  the criminal history record information.
         SECTION 10.14.  Section 411.139(b), Government Code, is
  amended to read as follows:
         (b)  Criminal history record information obtained by the
  securities commissioner under this section may not be released by
  any person or agency except on court order or with the consent of
  the person who is the subject of the criminal history record
  information, unless the information is entered into evidence by the
  State Securities Board or a court at an administrative proceeding
  or a civil or criminal action under The Securities Act (Article
  581-1 et seq., Vernon's Texas Civil Statutes).
         SECTION 10.15.  Section 411.140(b), Government Code, is
  amended to read as follows:
         (b)  Information received by the State Commission on
  Judicial Conduct is confidential and may be disseminated only in an
  investigation or proceeding conducted by the commission or with the
  consent of the person who is the subject of the criminal history
  record information.
         SECTION 10.16.  Section 411.1402(c), Government Code, is
  amended to read as follows:
         (c)  The Employees Retirement System of Texas may not release
  or disclose information obtained under Subsection (a) except on
  court order or with the consent of the person who is the subject of
  the criminal history record information.
         SECTION 10.17.  Section 411.1406(d), Government Code, as
  added by Chapter 406 (S.B. 885), Acts of the 80th Legislature,
  Regular Session, 2007, is amended to read as follows:
         (d)  The court may not release or disclose information
  obtained under Subsection (b) except on order of a district court or
  with the consent of the person who is the subject of the criminal
  history record information.
         SECTION 10.18.  To the extent of any conflict, this article
  prevails over another Act of the 81st Legislature, Regular Session,
  2009, relating to nonsubstantive additions to and corrections in
  enacted codes.
         SECTION 10.19.  This article takes effect immediately if
  this Act receives a vote of two-thirds of all the members elected to
  each house, as provided by Section 39, Article III, Texas
  Constitution.  If this Act does not receive the vote necessary for
  immediate effect, this article takes effect September 1, 2009.
  ARTICLE 11.  ADMINISTRATION OF CERTAIN PROVISIONS AFFECTING THE
  LICENSING OF PERSONS TO CARRY A CONCEALED HANDGUN
         SECTION 11.01.  Section 411.1711, Government Code, is
  amended to read as follows:
         Sec. 411.1711.  CERTAIN EXEMPTIONS FROM CONVICTIONS. A
  person is not convicted, as that term is defined by Section 411.171,
  if an order of deferred adjudication was entered against the person
  on a date not less than 10 years preceding the date of the person's
  application for a license under this subchapter unless the order of
  deferred adjudication was entered against the person for:
               (1)  a felony [an] offense under:
                     (A)  Title 5, Penal Code;
                     (B)  [, or] Chapter 29, Penal Code;
                     (C)  Section 25.07, Penal Code; or
                     (D)  Section 30.02, Penal Code, if the offense is
  punishable under Subsection (c)(2) or (d) of that section; or
               (2)  an offense under the laws of another state if the
  offense contains elements that are substantially similar to the
  elements of an offense listed in Subdivision (1).
         SECTION 11.02.  Section 411.171(4), Government Code, is
  amended to read as follows:
               (4)  "Convicted" means an adjudication of guilt or,
  except as provided in Section 411.1711, an order of deferred
  adjudication entered against a person by a court of competent
  jurisdiction whether or not the imposition of the sentence is
  subsequently probated and the person is discharged from community
  supervision.  The term does not include an adjudication of guilt or
  an order of deferred adjudication that has been subsequently:
                     (A)  expunged; [or]
                     (B)  pardoned under the authority of a state or
  federal official; or
                     (C)  otherwise vacated, set aside, annulled,
  invalidated, voided, or sealed under any state or federal law.
         SECTION 11.03.  Section 411.172, Government Code, is amended
  by amending Subsections (a), (b), (d), and (e) and adding
  Subsection (b-1) to read as follows:
         (a)  A person is eligible for a license to carry a concealed
  handgun if the person:
               (1)  is a legal resident of this state for the six-month
  period preceding the date of application under this subchapter or
  is otherwise eligible for a license under Section 411.173(a);
               (2)  is at least 21 years of age;
               (3)  has not been convicted of a felony;
               (4)  is not charged with the commission of a Class A or
  Class B misdemeanor or equivalent offense, or of an offense under
  Section 42.01, Penal Code, or equivalent offense, or of a felony
  under an information or indictment;
               (5)  is not a fugitive from justice for a felony or a
  Class A or Class B misdemeanor or equivalent offense;
               (6)  is not a chemically dependent person;
               (7)  is not incapable of exercising sound judgment with
  respect to the proper use and storage of a handgun;
               (8)  has not, in the five years preceding the date of
  application, been convicted of a Class A or Class B misdemeanor or
  equivalent offense or of an offense under Section 42.01, Penal
  Code, or equivalent offense;
               (9)  is fully qualified under applicable federal and
  state law to purchase a handgun;
               (10)  has not been finally determined to be delinquent
  in making a child support payment administered or collected by the
  attorney general;
               (11)  has not been finally determined to be delinquent
  in the payment of a tax or other money collected by the comptroller,
  the tax collector of a political subdivision of the state, or any
  agency or subdivision of the state;
               (12)  [has not been finally determined to be in default
  on a loan made under Chapter 57, Education Code;
               [(13)]  is not currently restricted under a court
  protective order or subject to a restraining order affecting the
  spousal relationship, other than a restraining order solely
  affecting property interests;
               (13) [(14)]  has not, in the 10 years preceding the
  date of application, been adjudicated as having engaged in
  delinquent conduct violating a penal law of the grade of felony; and
               (14) [(15)]  has not made any material
  misrepresentation, or failed to disclose any material fact, in an
  application submitted pursuant to Section 411.174 [or in a request
  for application submitted pursuant to Section 411.175].
         (b)  For the purposes of this section, an offense under the
  laws of this state, another state, or the United States is:
               (1)  except as provided by Subsection (b-1), a felony
  if the offense, at the time the offense is committed [of a person's
  application for a license to carry a concealed handgun]:
                     (A)  is designated by a law of this state as a
  felony;
                     (B)  contains all the elements of an offense
  designated by a law of this state as a felony; or
                     (C)  is punishable by confinement for one year or
  more in a penitentiary; and
               (2)  a Class A misdemeanor if the offense is not a
  felony and confinement in a jail other than a state jail felony
  facility is affixed as a possible punishment.
         (b-1)  An offense is not considered a felony for purposes of
  Subsection (b) if, at the time of a person's application for a
  license to carry a concealed handgun, the offense:
               (1)  is not designated by a law of this state as a
  felony; and
               (2)  does not contain all the elements of any offense
  designated by a law of this state as a felony.
         (d)  For purposes of Subsection (a)(7), a person is incapable
  of exercising sound judgment with respect to the proper use and
  storage of a handgun if the person:
               (1)  has been diagnosed by a licensed physician as
  suffering from a psychiatric disorder or condition that causes or
  is likely to cause substantial impairment in judgment, mood,
  perception, impulse control, or intellectual ability;
               (2)  suffers from a psychiatric disorder or condition
  described by Subdivision (1) that:
                     (A)  is in remission but is reasonably likely to
  redevelop at a future time; or
                     (B)  requires continuous medical treatment to
  avoid redevelopment;
               (3)  has been diagnosed by a licensed physician,
  determined by a review board or similar authority, or declared by a
  court to be incompetent to manage the person's own affairs; or
               (4)  has entered in a criminal proceeding a plea of not
  guilty by reason of insanity.
         (e)  The following constitutes evidence that a person has a
  psychiatric disorder or condition described by Subsection (d)(1):
               (1)  involuntary psychiatric hospitalization [in the
  preceding five-year period];
               (2)  psychiatric hospitalization [in the preceding
  two-year period];
               (3)  inpatient or residential substance abuse
  treatment in the preceding five-year period;
               (4)  diagnosis in the preceding five-year period by a
  licensed physician that the person is dependent on alcohol, a
  controlled substance, or a similar substance; or
               (5)  diagnosis at any time by a licensed physician that
  the person suffers or has suffered from a psychiatric disorder or
  condition consisting of or relating to:
                     (A)  schizophrenia or delusional disorder;
                     (B)  bipolar disorder;
                     (C)  chronic dementia, whether caused by illness,
  brain defect, or brain injury;
                     (D)  dissociative identity disorder;
                     (E)  intermittent explosive disorder; or
                     (F)  antisocial personality disorder.
         SECTION 11.04.  Sections 411.174(a) and (b), Government
  Code, are amended to read as follows:
         (a)  An applicant for a license to carry a concealed handgun
  must submit to the director's designee described by Section
  411.176:
               (1)  a completed application on a form provided by the
  department that requires only the information listed in Subsection
  (b);
               (2)  one or more [two recent color passport]
  photographs of the applicant that meet the requirements of the
  department [, except that an applicant who is younger than 21 years
  of age must submit two recent color passport photographs in profile
  of the applicant];
               (3)  a certified copy of the applicant's birth
  certificate or certified proof of age;
               (4)  proof of residency in this state;
               (5)  two complete sets of legible and classifiable
  fingerprints of the applicant taken by a person appropriately
  trained in recording fingerprints who is employed by a law
  enforcement agency or by a private entity designated by a law
  enforcement agency as an entity qualified to take fingerprints of
  an applicant for a license under this subchapter;
               (6)  a nonrefundable application and license fee of
  $140 paid to the department;
               (7)  evidence of [a] handgun proficiency, in the form
  and manner required by the department [certificate described by
  Section 411.189];
               (8)  an affidavit signed by the applicant stating that
  the applicant:
                     (A)  has read and understands each provision of
  this subchapter that creates an offense under the laws of this state
  and each provision of the laws of this state related to use of
  deadly force; and
                     (B)  fulfills all the eligibility requirements
  listed under Section 411.172; and
               (9)  a form executed by the applicant that authorizes
  the director to make an inquiry into any noncriminal history
  records that are necessary to determine the applicant's eligibility
  for a license under Section 411.172(a).
         (b)  An applicant must provide on the application a statement
  of the applicant's:
               (1)  full name and place and date of birth;
               (2)  race and sex;
               (3)  residence and business addresses for the preceding
  five years;
               (4)  hair and eye color;
               (5)  height and weight;
               (6)  driver's license number or identification
  certificate number issued by the department;
               (7)  criminal history record information of the type
  maintained by the department under this chapter, including a list
  of offenses for which the applicant was arrested, charged, or under
  an information or indictment and the disposition of the offenses;
  and
               (8)  history [during the preceding five years], if any,
  of treatment received by, commitment to, or residence in:
                     (A)  a drug or alcohol treatment center licensed
  to provide drug or alcohol treatment under the laws of this state or
  another state, but only if the treatment, commitment, or residence
  occurred during the preceding five years; or
                     (B)  a psychiatric hospital.
         SECTION 11.05.  Section 411.176, Government Code, is amended
  to read as follows:
         Sec. 411.176.  REVIEW OF APPLICATION MATERIALS. (a)  On
  receipt of [the] application materials by the department at its
  Austin headquarters, the department shall conduct the appropriate
  criminal history record check of the applicant through its
  computerized criminal history system. Not later than the 30th day
  after the date the department receives the application materials,
  the department shall forward the materials to the director's
  designee in the geographical area of the applicant's residence so
  that the designee may conduct the investigation described by
  Subsection (b). For purposes of this section, the director's
  designee may be a noncommissioned employee of the department.
         (b)  The director's designee as needed shall conduct an
  additional criminal history record check of the applicant and an
  investigation of the applicant's local official records to verify
  the accuracy of the application materials. The director's designee
  may access any records necessary for purposes of this subsection.
  The scope of the record check and the investigation are at the sole
  discretion of the department, except that the director's designee
  shall complete the record check and investigation not later than
  the 60th day after the date the department receives the application
  materials. The department shall send a fingerprint card to the
  Federal Bureau of Investigation for a national criminal history
  check of the applicant. On completion of the investigation, the
  director's designee shall return all materials and the result of
  the investigation to the appropriate division of the department at
  its Austin headquarters.
         (c)  The director's designee may submit to the appropriate
  division of the department, at the department's Austin
  headquarters, along with the application materials a written
  recommendation for disapproval of the application, accompanied by
  an affidavit stating personal knowledge or naming persons with
  personal knowledge of a ground for denial under Section 411.172.
  The director's designee [in the appropriate geographical area] may
  also submit the application and the recommendation that the license
  be issued.
         (d)  On receipt at the department's Austin headquarters of
  the application materials and the result of the investigation by
  the director's designee, the department shall conduct any further
  record check or investigation the department determines is
  necessary if a question exists with respect to the accuracy of the
  application materials or the eligibility of the applicant, except
  that the department shall complete the record check and
  investigation not later than the 180th day after the date the
  department receives the application materials from the applicant.
         SECTION 11.06.  Sections 411.177(a) and (b), Government
  Code, are amended to read as follows:
         (a)  The department shall issue a license to carry a
  concealed handgun to an applicant if the applicant meets all the
  eligibility requirements and submits all the application
  materials. The department may issue a license to carry handguns
  only of the categories for which the applicant has demonstrated
  proficiency in the form and manner required by the department
  [indicated on the applicant's certificate of proficiency issued
  under Section 411.189]. The department shall administer the
  licensing procedures in good faith so that any applicant who meets
  all the eligibility requirements and submits all the application
  materials shall receive a license. The department may not deny an
  application on the basis of a capricious or arbitrary decision by
  the department.
         (b)  The department shall, not later than the 60th day after
  the date of the receipt by the director's designee of the completed
  application materials:
               (1)  issue the license;
               (2)  notify the applicant in writing that the
  application was denied:
                     (A)  on the grounds that the applicant failed to
  qualify under the criteria listed in Section 411.172;
                     (B)  based on the affidavit of the director's
  designee submitted to the department under Section 411.176(c)
  [411.176(b)]; or
                     (C)  based on the affidavit of the qualified
  handgun instructor submitted to the department under Section
  411.188(k) [411.189(c)]; or
               (3)  notify the applicant in writing that the
  department is unable to make a determination regarding the issuance
  or denial of a license to the applicant within the 60-day period
  prescribed by this subsection and include in that notification an
  explanation of the reason for the inability and an estimation of the
  amount of time the department will need to make the determination.
         SECTION 11.07.  Section 411.179(c), Government Code, as
  added by Chapter 1222 (H.B. 2300), Acts of the 80th Legislature,
  Regular Session, 2007, is amended to read as follows:
         (c)  In adopting the form of the license under Subsection
  (a), the department shall establish a procedure for the license of a
  qualified handgun instructor or of a judge, justice, prosecuting
  attorney, or assistant prosecuting attorney, as described by
  Section 46.15(a)(4) or (6), Penal Code, to indicate on the license
  the license holder's status as a qualified handgun instructor or as
  a judge, justice, district attorney, criminal district attorney, or
  county attorney. In establishing the procedure, the department
  shall require sufficient documentary evidence to establish the
  license holder's status under this subsection.
         SECTION 11.08.  Sections 411.181(a) and (b), Government
  Code, as amended by Chapters 594 (H.B. 41) and 1222 (H.B. 2300),
  Acts of the 80th Legislature, Regular Session, 2007, are reenacted
  and amended to read as follows:
         (a)  If a person who is a current license holder moves from
  any residence [the] address stated on the license [to a new
  residence address], if the name of the person is changed by marriage
  or otherwise, or if the person's status [as a judge, justice,
  district attorney, prosecuting attorney, or assistant prosecuting
  attorney, as a federal judge, a state judge, or the spouse of a
  federal judge or state judge,] becomes inapplicable for purposes of
  the information required to be displayed on the license under 
  Section 411.179 [411.179(c)], the person shall, not later than the
  30th day after the date of the address, name, or status change,
  notify the department and provide the department with the number of
  the person's license and, as applicable, the person's:
               (1)  former and new addresses; [or]
               (2)  former and new names; or
               (3)  former and new status.
         (b)  If the name of the license holder is changed by marriage
  or otherwise, or if the person's status [as a federal judge or state
  judge, or the spouse of a federal judge or state judge] becomes
  inapplicable as described by Subsection (a), the person shall apply
  for a duplicate license.  The duplicate license must reflect
  [include] the person's current name, residence address, and status.
         SECTION 11.09.  Section 411.184(a), Government Code, is
  amended to read as follows:
         (a)  To modify a license to allow a license holder to carry a
  handgun of a different category than the license indicates, the
  license holder must:
               (1)  complete a proficiency examination as provided by
  Section 411.188(e);
               [(2)     obtain a handgun proficiency certificate under
  Section 411.189 not more than six months before the date of
  application for a modified license;] and
               (2) [(3)]  submit to the department:
                     (A)  an application for a modified license on a
  form provided by the department;
                     (B)  evidence of [a copy of the] handgun
  proficiency, in the form and manner required by the department
  [certificate];
                     (C)  payment of a modified license fee of $25; and
                     (D)  one or more [two recent color passport]
  photographs of the license holder that meet the requirements of the
  department [, except that an applicant who is younger than 21 years
  of age must submit two recent color passport photographs in profile
  of the applicant].
         SECTION 11.10.  Section 411.185(a), Government Code, is
  amended to read as follows:
         (a)  To renew a license, a license holder must:
               (1)  complete a continuing education course in handgun
  proficiency under Section 411.188(c) within the six-month period
  preceding:
                     (A)  the date of application for renewal, for a
  first or second renewal; and
                     (B)  the date of application for renewal or the
  date of application for the preceding renewal, for a third or
  subsequent renewal, to ensure that the license holder is not
  required to complete the course more than once in any 10-year
  period;
               [(2)     obtain a handgun proficiency certificate under
  Section 411.189 within the six-month period preceding:
                     [(A)     the date of application for renewal, for a
  first or second renewal; and
                     [(B)     the date of application for renewal or the
  date of application for the preceding renewal, for a third or
  subsequent renewal, to ensure that the license holder is not
  required to obtain the certificate more than once in any 10-year
  period;] and
               (2) [(3)]  submit to the department:
                     (A)  an application for renewal on a form provided
  by the department;
                     (B)  evidence of [a copy of the] handgun
  proficiency, in the form and manner required by the department
  [certificate];
                     (C)  payment of a nonrefundable renewal fee as set
  by the department; and
                     (D)  one or more [two recent color passport]
  photographs of the applicant that meet the requirements of the
  department.
         SECTION 11.11.  Section 411.186(a), Government Code, is
  amended to read as follows:
         (a)  The department shall revoke a [A] license [may be
  revoked] under this section if the license holder:
               (1)  was not entitled to the license at the time it was
  issued;
               (2)  made a material misrepresentation or failed to
  disclose a material fact in an application submitted under this
  subchapter [gave false information on the application];
               (3)  subsequently becomes ineligible for a license
  under Section 411.172, unless the sole basis for the ineligibility
  is that the license holder is charged with the commission of a Class
  A or Class B misdemeanor or equivalent offense, or of an offense
  under Section 42.01, Penal Code, or equivalent offense, or of a
  felony under an information or indictment;
               (4)  is convicted of an offense under Section 46.035,
  Penal Code;
               (5)  is determined by the department to have engaged in
  conduct constituting a reason to suspend a license listed in
  Section 411.187(a) after the person's license has been previously
  suspended twice for the same reason; or
               (6)  submits an application fee that is dishonored or
  reversed if the applicant fails to submit a cashier's check or money
  order made payable to the "Department of Public Safety of the State
  of Texas" in the amount of the dishonored or reversed fee, plus $25,
  within 30 days of being notified by the department that the fee was
  dishonored or reversed.
         SECTION 11.12.  Sections 411.187(a) and (c), Government
  Code, are amended to read as follows:
         (a)  The department shall suspend a [A] license [may be
  suspended] under this section if the license holder:
               (1)  is charged with the commission of a Class A or
  Class B misdemeanor or equivalent offense, or of an offense under
  Section 42.01, Penal Code, or equivalent offense, or of a felony
  under an information or indictment;
               (2)  fails to display a license as required by Section
  411.205;
               (3)  fails to notify the department of a change of
  address, [or] name, or status as required by Section 411.181;
               (4)  carries a concealed handgun under the authority of
  this subchapter of a different category than the license holder is
  licensed to carry;
               (5)  fails to return a previously issued license after
  a license is modified as required by Section 411.184(d);
               (6)  commits an act of family violence and is the
  subject of an active protective order rendered under Title 4,
  Family Code; or
               (7)  is arrested for an offense involving family
  violence or an offense under Section 42.072, Penal Code, and is the
  subject of an order for emergency protection issued under Article
  17.292, Code of Criminal Procedure.
         (c)  The department shall suspend a [A] license [may be
  suspended] under this section:
               (1)  for 30 days, if the person's license is subject to
  suspension for a reason listed in Subsection (a)(3), (4), or (5),
  except as provided by Subdivision (3);
               (2)  for 90 days, if the person's license is subject to
  suspension for a reason listed in Subsection (a)(2), except as
  provided by Subdivision (3);
               (3)  for not less than one year and not more than three
  years, if the person's license:
                     (A)  is subject to suspension for a reason listed
  in Subsection (a), other than the reason listed in Subsection
  (a)(1); [,] and
                     (B)  [the person's license] has been previously
  suspended for the same reason;
               (4)  until dismissal of the charges, if the person's
  license is subject to suspension for the reason listed in
  Subsection (a)(1); or
               (5)  for the duration of or the period specified by:
                     (A)  the protective order issued under Title 4,
  Family Code, if the person's license is subject to suspension for
  the reason listed in Subsection (a)(6); or
                     (B)  the order for emergency protection issued
  under Article 17.292, Code of Criminal Procedure, if the person's
  license is subject to suspension for the reason listed in
  Subsection (a)(7).
         SECTION 11.13.  Section 411.188, Government Code, is amended
  by amending Subsections (a), (g), (h), and (i) and adding
  Subsection (k) to read as follows:
         (a)  The director by rule shall establish minimum standards
  for handgun proficiency and shall develop a course to teach handgun
  proficiency and examinations to measure handgun proficiency. The
  course to teach handgun proficiency must contain training sessions
  divided into two parts. One part of the course must be classroom
  instruction and the other part must be range instruction and an
  actual demonstration by the applicant of the applicant's ability to
  safely and proficiently use the applicable category of handgun [for
  which the applicant seeks certification]. An applicant must be
  able to demonstrate [may not be certified unless the applicant
  demonstrates], at a minimum, the degree of proficiency that is
  required to effectively operate a handgun of .32 caliber or above.
  The department shall distribute the standards, course
  requirements, and examinations on request to any qualified handgun
  instructor.
         (g)  A person who wishes to obtain or renew a license to carry
  a concealed handgun must apply in person to a qualified handgun
  instructor to take the appropriate course in handgun proficiency
  and [,] demonstrate handgun proficiency as required by the
  department[, and obtain a handgun proficiency certificate as
  described by Section 411.189].
         (h)  A license holder who wishes to modify a license to allow
  the license holder to carry a handgun of a different category than
  the license indicates must apply in person to a qualified handgun
  instructor to demonstrate the required knowledge and proficiency
  [to obtain a handgun proficiency certificate] in that category [as
  described by Section 411.189].
         (i)  A certified firearms instructor of the department may
  monitor any class or training presented by a qualified handgun
  instructor. A qualified handgun instructor shall cooperate with
  the department in the department's efforts to monitor the
  presentation of training by the qualified handgun instructor. A
  qualified handgun instructor shall make available for inspection to
  the department any and all records maintained by a qualified
  handgun instructor under this subchapter. The qualified handgun
  instructor shall keep a record of all [certificates of handgun
  proficiency issued by the qualified handgun instructor and other]
  information required by department rule.
         (k)  A qualified handgun instructor may submit to the
  department a written recommendation for disapproval of the
  application for a license, renewal, or modification of a license,
  accompanied by an affidavit stating personal knowledge or naming
  persons with personal knowledge of facts that lead the instructor
  to believe that an applicant does not possess the required handgun
  proficiency. The department may use a written recommendation
  submitted under this subsection as the basis for denial of a license
  only if the department determines that the recommendation is made
  in good faith and is supported by a preponderance of the evidence.
  The department shall make a determination under this subsection not
  later than the 45th day after the date the department receives the
  written recommendation. The 60-day period in which the department
  must take action under Section 411.177(b) is extended one day for
  each day a determination is pending under this subsection.
         SECTION 11.14.  Section 411.1882, Government Code, is
  amended to read as follows:
         Sec. 411.1882.  EVIDENCE OF [EXEMPTION FROM] HANDGUN
  PROFICIENCY [CERTIFICATE REQUIREMENT] FOR CERTAIN PERSONS. (a)  A
  person who is serving in this state as a judge or justice of a
  federal court, as an active judicial officer, as defined by Section
  411.201, or as a district attorney, assistant district attorney,
  criminal district attorney, assistant criminal district attorney,
  county attorney, or assistant county attorney may establish handgun
  proficiency for the purposes of this subchapter by obtaining from a
  handgun proficiency instructor approved by the Commission on Law
  Enforcement Officer Standards and Education for purposes of Section
  1702.1675, Occupations Code, a sworn statement that:
               (1)  indicates that the person, during the 12-month
  period preceding the date of the person's application to the
  department, demonstrated to the instructor proficiency in the use
  of handguns; and
               (2)  designates the categories of handguns with respect
  to which the person demonstrated proficiency [Notwithstanding any
  other provision of this subchapter, a person may not be required to
  submit to the department a handgun proficiency certificate to
  obtain or renew a concealed handgun license issued under this
  subchapter if:
               [(1)  the person is currently serving in this state as:
                     [(A)  a judge or justice of a federal court;
                     [(B)     an active judicial officer, as defined by
  Section 411.201, Government Code;   or
                     [(C)     a district attorney, assistant district
  attorney, criminal district attorney, assistant criminal district
  attorney, county attorney, or assistant county attorney;   and
               [(2)     a handgun proficiency instructor approved by the
  Commission on Law Enforcement Officer Standards and Education for
  purposes of Section 1702.1675, Occupations Code, makes a sworn
  statement indicating that the person demonstrated proficiency to
  the instructor in the use of handguns during the 12-month period
  preceding the date of the person's application to the department
  and designating the types of handguns with which the person
  demonstrated proficiency].
         (b)  The director by rule shall adopt a procedure by which a
  person described [who is exempt] under Subsection (a) [from the
  handgun proficiency certificate requirement] may submit a form
  demonstrating the person's qualification for an exemption under
  that subsection.  The form must provide sufficient information to
  allow the department to verify whether the person qualifies for the
  exemption.
         (c)  A license issued under this section automatically
  expires on the six-month anniversary of the date the person's
  status under Subsection (a) becomes inapplicable.  A license that
  expires under this subsection may be renewed under Section 411.185.
         SECTION 11.15.  Section 411.190, Government Code, is amended
  by adding Subsection (d-1) to read as follows:
         (d-1)  The department shall ensure that an applicant may
  renew certification under Subsection (d) from any county in this
  state by using an online format to complete the required retraining
  courses if:
               (1)  the applicant is renewing certification for the
  first time; or
               (2)  the applicant completed the required retraining
  courses in person the previous time the applicant renewed
  certification.
         SECTION 11.16.  Sections 411.199(a) and (e), Government
  Code, are amended to read as follows:
         (a)  A person who is licensed as a peace officer under
  Chapter 1701, Occupations Code, [415] and who has been employed
  full-time as a peace officer by a law enforcement agency may apply
  for a license under this subchapter at any time after retirement.
         (e)  A retired peace officer who obtains a license under this
  subchapter must maintain, for the category of weapon licensed, the
  proficiency required for a peace officer under Section 1701.355,
  Occupations Code [415.035].  The department or a local law
  enforcement agency shall allow a retired peace officer of the
  department or agency an opportunity to annually demonstrate the
  required proficiency.  The proficiency shall be reported to the
  department on application and renewal.
         SECTION 11.17.  Section 411.1991(a), Government Code, is
  amended to read as follows:
         (a)  A person who is licensed as a peace officer under
  Chapter 1701, Occupations Code, [415] and is employed full-time as
  a peace officer by a law enforcement agency may apply for a license
  under this subchapter. The person shall submit to the department
  two complete sets of legible and classifiable fingerprints and a
  sworn statement of the head of the law enforcement agency employing
  the applicant. A head of a law enforcement agency may not refuse to
  issue a statement under this subsection. If the applicant alleges
  that the statement is untrue, the department shall investigate the
  validity of the statement. The statement must include:
               (1)  the name and rank of the applicant;
               (2)  whether the applicant has been accused of
  misconduct at any time during the applicant's period of employment
  with the agency and the disposition of that accusation;
               (3)  a description of the physical and mental condition
  of the applicant;
               (4)  a list of the types of weapons the applicant has
  demonstrated proficiency with during the preceding year; and
               (5)  a recommendation from the agency head that a
  license be issued to the person under this subchapter.
         SECTION 11.18.  Sections 411.201(c) and (d), Government
  Code, are amended to read as follows:
         (c)  An active judicial officer is eligible for a license to
  carry a concealed handgun under the authority of this subchapter. A
  retired judicial officer is eligible for a license to carry a
  concealed handgun under the authority of this subchapter if the
  officer:
               (1)  has not been convicted of a felony;
               (2)  has not, in the five years preceding the date of
  application, been convicted of a Class A or Class B misdemeanor or
  equivalent offense;
               (3)  is not charged with the commission of a Class A or
  Class B misdemeanor or equivalent offense or of a felony under an
  information or indictment;
               (4)  is not a chemically dependent person; and
               (5)  is not a person of unsound mind.
         (d)  An applicant for a license who is an active or retired
  judicial officer must submit to the department:
               (1)  a completed application, including all required
  affidavits, on a form prescribed by the department;
               (2)  one or more [two recent color passport]
  photographs of the applicant that meet the requirements of the
  department;
               (3)  two complete sets of legible and classifiable
  fingerprints of the applicant, including one set taken by a person
  employed by a law enforcement agency who is appropriately trained
  in recording fingerprints;
               (4)  evidence of [a] handgun proficiency, in the form
  and manner required by the department for an applicant under this
  section [certificate issued to the applicant as evidence that the
  applicant successfully completed the proficiency requirements of
  this subchapter];
               (5) [(4)]  a nonrefundable application and license fee
  set by the department in an amount reasonably designed to cover the
  administrative costs associated with issuance of a license to carry
  a concealed handgun under this subchapter; and
               (6) [(5)]  if the applicant is a retired judicial
  officer,[:
                     [(A)     two complete sets of legible and
  classifiable fingerprints of the applicant taken by a person
  employed by a law enforcement agency who is appropriately trained
  in recording fingerprints; and
                     [(B)]  a form executed by the applicant that
  authorizes the department to make an inquiry into any noncriminal
  history records that are necessary to determine the applicant's
  eligibility for a license under this subchapter.
         SECTION 11.19.  Section 411.208, Government Code, is amended
  by adding Subsection (e) to read as follows:
         (e)  The immunities granted under Subsection (a) to a
  qualified handgun instructor do not apply to a cause of action for
  fraud or a deceptive trade practice.
         SECTION 11.20.  Article 17.292(l), Code of Criminal
  Procedure, is amended to read as follows:
         (l)  In the order for emergency protection, the magistrate
  shall [may] suspend a license to carry a concealed handgun issued
  under Subchapter H, Chapter 411 [Section 411.177], Government Code,
  that is held by the defendant.
         SECTION 11.21.  Section 85.022(d), Family Code, is amended
  to read as follows:
         (d)  In a protective order, the court shall [may] suspend a
  license to carry a concealed handgun issued under Subchapter H,
  Chapter 411 [Section 411.177], Government Code, that is held by a
  person found to have committed family violence.
         SECTION 11.22.  Section 12.095(e), Health and Safety Code,
  is amended to read as follows:
         (e)  The panel may require the applicant or license holder to
  undergo a medical or other examination at the applicant's or
  holder's expense.  A person who conducts an examination under this
  subsection may be compelled to testify before the panel and in any
  subsequent proceedings under Subchapter H, Chapter 411, Government
  Code, or Subchapter N, Chapter 521, Transportation Code, as
  applicable, concerning the person's observations and findings.
         SECTION 11.23.  Section 12.097(b), Health and Safety Code,
  is amended to read as follows:
         (b)  In a subsequent proceeding under Subchapter H, Chapter
  411, Government Code, or Subchapter N, Chapter 521, Transportation
  Code, the medical standards division may provide a copy of the
  report of the medical advisory board or panel and a medical record
  or report relating to an applicant or license holder to:
               (1)  the Department of Public Safety of the State of
  Texas;
               (2)  the applicant or license holder; and
               (3)  the officer who presides at the hearing.
         SECTION 11.24.  Section 46.04, Penal Code, is amended by
  adding Subsections (f) and (g) to read as follows:
         (f)  For the purposes of this section , an offense under the
  laws of this state, another state, or the United States is, except
  as provided by Subsection (g), a felony if, at the time it is
  committed, the offense:
               (1)  is designated by a law of this state as a felony;
               (2)  contains all the elements of an offense designated
  by a law of this state as a felony; or
               (3)  is punishable by confinement for one year or more
  in a penitentiary.
         (g)  An offense is not considered a felony for purposes of
  Subsection (f) if, at the time the person possesses a firearm, the
  offense:
               (1)  is not designated by a law of this state as a
  felony; and
               (2)  does not contain all the elements of any offense
  designated by a law of this state as a felony.
         SECTION 11.25.  Sections 411.175 and 411.189, Government
  Code, are repealed.
         SECTION 11.26.  The changes in law made by Sections 411.171,
  411.1711, 411.172, and 411.201(c), Government Code, as amended by
  this article, apply only to the eligibility of a person for the
  issuance, modification, or renewal of a license, the application
  for which is made on or after the effective date of this article.  A
  holder of a license that was issued, modified, or renewed before the
  effective date of this article is not disqualified from holding
  that license solely by reason of this article.
         SECTION 11.27.  The changes in law made by Sections 411.174,
  411.176, 411.177, 411.184, 411.185, 411.188, 411.1882, and
  411.201(d), Government Code, as amended by this article, and by the
  repeal of Sections 411.175 and 411.189, Government Code, apply only
  to an application for the issuance, modification, or renewal of a
  license that is submitted to the Department of Public Safety on or
  after the effective date of this article. An application submitted
  before the effective date of this article is governed by the law in
  effect when the application was submitted, and the former law is
  continued in effect for that purpose.
         SECTION 11.28.  The changes in law made by this article to
  Sections 411.186 and 411.187, Government Code, Article 17.292, Code
  of Criminal Procedure, and Section 85.022, Family Code, apply only
  to an administrative or judicial determination concerning the
  revocation or suspension of a license to carry a concealed handgun
  that is made on or after the effective date of this article.  An
  administrative or judicial determination made before the effective
  date of this article is covered by the law in effect when the
  determination was made, and the former law is continued in effect
  for that purpose.
         SECTION 11.29.  The change in law made by Section 411.208,
  Government Code, as amended by this article, applies only to a cause
  of action that accrues on or after the effective date of this
  article.  A cause of action that accrued before the effective date
  of this article is governed by the law in effect immediately before
  the effective date of this article, and the former law is continued
  in effect for that purpose.
         SECTION 11.30.  The change in law made by this Act in
  amending Section 46.04, Penal Code, applies only to an offense
  committed on or after the effective date of this Act.  An offense
  committed before the effective date of this Act is covered by the
  law in effect when the offense was committed, and the former law is
  continued in effect for that purpose.  For purposes of this section,
  an offense was committed before the effective date of this Act if
  any element of the offense occurred before that date.
         SECTION 11.31.  This article takes effect September 1, 2009.
  ARTICLE 12. DRIVER EDUCATION AND DRIVER'S LICENSING REQUIREMENTS
  FOR MINORS
         SECTION 12.01.  This article shall be known as the Less Tears
  More Years Act.
         SECTION 12.02.  Section 29.902, Education Code, is amended
  by adding Subsection (c) to read as follows:
         (c)  A school district shall consider offering a driver
  education and traffic safety course during each school year.  If the
  district offers the course, the district may:
               (1)  conduct the course and charge a fee for the course
  in the amount determined by the agency to be comparable to the fee
  charged by a driver education school that holds a license under
  Chapter 1001; or
               (2)  contract with a driver education school that holds
  a license under Chapter 1001 to conduct the course.
         SECTION 12.03.  Section 1001.101, Education Code, is amended
  to read as follows:
         Sec. 1001.101.  DRIVER EDUCATION COURSE CURRICULUM AND
  TEXTBOOKS.  (a)  The commissioner by rule shall establish or approve 
  the curriculum and designate the textbooks to be used in a driver
  education course, including a driver education course conducted by
  a school district, driver education school, or parent or other
  individual under Section 521.205, Transportation Code.
         (b)  A driver education course must require the student to
  complete:
               (1)  7 hours of behind-the-wheel instruction in the
  presence of a person who holds a driver education instructor
  license or who meets the requirements imposed under Section
  521.205, Transportation Code;
               (2)  7 hours of observation instruction in the presence
  of a person who holds a driver education instructor license or who
  meets the requirements imposed under Section 521.205,
  Transportation Code; and
               (3)  20 hours of behind-the-wheel instruction,
  including at least 10 hours of instruction that takes place at
  night, in the presence of an adult who meets the requirements of
  Section 521.222(d)(2), Transportation Code.
         SECTION 12.04.  Subchapter F, Chapter 1001, Education Code,
  is amended by adding Section 1001.257 to read as follows:
         Sec. 1001.257.  DENIAL OF LICENSE.  The commissioner may not
  issue or renew a driver education instructor license, including a
  temporary license, to a person who has six or more points assigned
  to the person's driver's license under Subchapter B, Chapter 708,
  Transportation Code.
         SECTION 12.05.  Section 521.165, Transportation Code, is
  amended by amending Subsection (c) and adding Subsection (d) to
  read as follows:
         (c)  Except as provided by Subsection (d), in [In] issuing a
  driver's license for certain types of vehicles, the director may
  waive a driving test for an applicant who has successfully
  completed and passed the training and testing conducted by a person
  certified under Subsection (a).
         (d)  The director may not waive the driving test required by
  Section 521.161 for an applicant who is under 18 years of age.
         SECTION 12.06.  Section 521.204(a), Transportation Code, is
  amended to read as follows:
         (a)  The department may issue a Class C driver's license to
  an applicant under 18 years of age only if the applicant:
               (1)  is 16 years of age or older;
               (2)  has submitted to the department a driver education
  certificate issued under Section 9A, Texas Driver and Traffic
  Safety Education Act (Article 4413(29c), Vernon's Texas Civil
  Statutes), that states that the person has completed and passed a
  driver education course approved by the department under Section
  521.205 or by the Texas Education Agency;
               (3)  has obtained a high school diploma or its
  equivalent or is a student:
                     (A)  enrolled in a public school, home school, or
  private school who attended school for at least 80 days in the fall
  or spring semester preceding the date of the driver's license
  application; or
                     (B)  who has been enrolled for at least 45 days,
  and is enrolled as of the date of the application, in a program to
  prepare persons to pass the high school equivalency exam; [and]
               (4)  has submitted to the department written parental
  or guardian permission for the department to access the applicant's
  school enrollment records maintained by the Texas Education Agency;
  and
               (5)  has passed the examination required by Section
  521.161.
         SECTION 12.07.  Section 521.205(a), Transportation Code, is
  amended to read as follows:
         (a)  The department by rule shall provide for approval of a
  driver education course conducted by the parent, stepparent, foster
  parent, legal guardian, step-grandparent, or grandparent of a
  person who is required to complete a driver education course to
  obtain a Class C license. The rules must provide that:
               (1)  the person conducting the course possess a valid
  license for the preceding three years that [and the license] has not
  been suspended, revoked, or forfeited in the past three years for an
  offense that involves the operation of a motor vehicle [traffic
  related violations];
               (2)  the student driver spend a minimum number of hours
  in:
                     (A)  classroom instruction; and
                     (B)  behind-the-wheel instruction;
               (3)  the person conducting the course not be convicted
  of:
                     (A)  criminally negligent homicide; or
                     (B)  driving while intoxicated; [and]
               (4)  the person conducting the course not be disabled
  because of mental illness; and
               (5)  the person conducting the course not have six or
  more points assigned to the person's driver's license under
  Subchapter B, Chapter 708, at the time the person begins conducting
  the course.
         SECTION 12.08.  Subchapter J, Chapter 521, Transportation
  Code, is amended by adding Section 521.206 to read as follows:
         Sec. 521.206.  COLLISION RATE STATISTICS PUBLICATION.  (a)  
  The department shall collect data regarding collisions of students
  taught by public schools, driver education schools licensed under
  Chapter 1001, Education Code, and other entities that offer driver
  education courses to students for which a uniform certificate of
  course completion is issued.  The collision rate is computed by
  determining the number of an entity's students who complete a
  driver education course during a state fiscal year, dividing that
  number by the number of collisions that involved students who
  completed such a course and that occurred in the 12-month period
  following their licensure, and expressing the quotient as a
  percentage.
         (b)  The department shall collect data regarding the
  collision rate of students taught by course instructors approved
  under Section 521.205. The collision rate is computed by
  determining the number of students who completed a course approved
  under Section 521.205 during a state fiscal year, dividing that
  number by the number of collisions that involved students who
  completed such a course and that occurred in the 12-month period
  following their licensure, and expressing the quotient as a
  percentage.
         (c)  Not later than October 1 of each year, the department
  shall issue a publication listing the collision rate for students
  taught by each driver education entity and the collision rate for
  students taught by a course instructor approved under Section
  521.205, noting the severity of collisions involving students of
  each entity and each type of course.
         SECTION 12.09.  Section 521.271, Transportation Code, is
  amended by amending Subsection (a) and adding Subsection (a-1) to
  read as follows:
         (a)  Each original driver's license and provisional license
  expires as follows:
               (1)  except as provided by Section 521.2711, a driver's
  license expires on the first birthday of the license holder
  occurring after the sixth anniversary of the date of the
  application;
               (2)  a provisional license expires on [the earlier of:
                     [(A)]  the 18th birthday of the license holder[;
  or
                     [(B)     the first birthday of the license holder
  occurring after the date of the application];
               (3)  an instruction permit expires on the 18th birthday
  of the license holder [second birthday of the license holder
  occurring after the date of the application]; and
               (4)  an occupational license expires on the first
  anniversary of the court order granting the license.
         (a-1)  The department and the Texas Education Agency shall
  enter into a memorandum of understanding under which the department
  may access the agency's electronic enrollment records to verify a
  student's enrollment in a public school. The memorandum of
  understanding must specify that the department may only access
  information necessary to verify the identity and enrollment status
  of a license renewal applicant and only if a parent or guardian of
  the applicant has provided written permission for the department to
  access that information. Nothing in this subsection may be
  construed to allow the release of information in violation of the
  Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
  Section 1232g).
         SECTION 12.10.  Section 521.421(c), Transportation Code, is
  amended to read as follows:
         (c)  The fee for issuance [or renewal] of a provisional
  license or instruction permit is $15 [$5].
         SECTION 12.11.  Section 545.424, Transportation Code, is
  amended by amending Subsections (a), (b), and (c) and adding
  Subsection (f) to read as follows:
         (a)  A person under 18 years of age[, during the six-month
  period following issuance of an original Class A, B, or C driver's
  license to the person,] may not operate a motor vehicle:
               (1)  during the 12-month period following issuance of
  an original Class A, B, or C driver's license to the person:
                     (A)  after midnight and before 5 a.m. unless the
  operation of the vehicle is necessary for the operator to attend or
  participate in employment or a school-related activity or because
  of a medical emergency; or
                     (B) [(2)]  with more than one passenger in the
  vehicle under 21 years of age who is not a family member; or
               (2) [(3)]  while using a wireless communications
  device, except in case of emergency.
         (b)  A person under 17 years of age who holds a restricted
  motorcycle license or moped license, during the 12-month
  [six-month] period following the issuance of an original motorcycle
  license or moped license to the person, may not operate a motorcycle
  or moped:
               (1)  after midnight and before 5 a.m. unless:
                     (A)  the person is in sight of the person's parent
  or guardian; or
                     (B)  the operation of the vehicle is necessary for
  the operator to attend or participate in employment or a
  school-related activity or because of a medical emergency; or
               (2)  while using a wireless communications device,
  except in case of emergency.
         (c)  This section does not apply to:
               (1)  the holder of a hardship license; [or]
               (2)  a person operating a motor vehicle while
  accompanied in the manner required by Section 521.222(d)(2) for the
  holder of an instruction permit; or
               (3)  a person licensed by the Federal Communications
  Commission to operate a wireless communication device or a radio
  frequency device.
         (f)  In this section, "wireless communication device" means
  a handheld or hands-free device that uses commercial mobile
  service, as defined by 47 U.S.C. Section 332.
         SECTION 12.12.  (a)  For the purpose of compiling data for
  the publication required by Section 521.206, Transportation Code,
  as added by this article, the Texas Department of Public Safety
  shall determine the number of minor students taught by each driver
  education entity and the total number of minor students taught by
  courses approved under Section 521.205, Transportation Code, who
  become licensed during the state fiscal year beginning September 1,
  2009, and ending August 31, 2010.
         (b)  The first publication of collision rate data compiled
  under Section 521.206, Transportation Code, as added by this
  article, shall be issued not later than October 1, 2011.
         SECTION 12.13.  Not later than November 30, 2009, the Texas
  Department of Public Safety shall appoint a task force to review and
  make recommendations regarding the effectiveness of the materials
  provided by the Texas Education Agency for use in courses licensed
  under Chapter 1001, Education Code, or authorized by Section
  521.205, Transportation Code.  The task force shall consist of the
  following members:
               (1)  a representative of the Texas Department of Public
  Safety;
               (2)  a representative of the Texas Education Agency;
               (3)  a commercial provider of driver education courses;
               (4)  a member of an interested group or association, as
  determined by the department; and
               (5)  other appropriate members, as determined by the
  department.
         SECTION 12.14.  (a)  Section 29.902(c), Education Code, as
  added by this article, applies beginning with the 2010-2011 school
  year.
         (b)  Not later than January 1, 2010, the commissioner of
  education shall adopt rules as required by Section 1001.101,
  Education Code, as amended by this article.
         (c)  Each driver education and training program approved by
  the Texas Education Agency under Chapter 1001, Education Code, must
  comply with the curriculum requirements of Section 1001.101,
  Education Code, as amended by this article, not later than May 1,
  2010.
         (d)  Section 521.165, Transportation Code, as amended by
  this article, applies only to an application for a driver's license
  submitted on or after the effective date of this article. An
  application for a driver's license submitted before the effective
  date of this article is subject to the law in effect on the date the
  application was submitted, and that law is continued in effect for
  that purpose.
         (e)  The changes in law made by this article to Section
  521.205, Transportation Code, apply to a course approved under that
  section that begins on or after the effective date of this article.
  A course beginning before the effective date of this article is
  governed by the law in effect on the date the course was commenced,
  and that law is continued in effect for that purpose.
         (f)  The changes in law made by this article to Sections
  521.271, 521.421, and 545.424, Transportation Code, apply only to a
  person issued a driver's license on or after the effective date of
  this article. A person issued a driver's license before the
  effective date of this article is governed by the law in effect on
  the date the license was issued, and that law is continued in effect
  for that purpose.
         SECTION 12.15.  This article takes effect September 1, 2009.
  ARTICLE 12A.  DISPLAY OF LICENSE TO
  CARRY A CONCEALED HANDGUN
         SECTION 12A.01.  Sections 411.187(a) and (c), Government
  Code, are amended to read as follows:
         (a)  A license may be suspended under this section if the
  license holder:
               (1)  is charged with the commission of a Class A or
  Class B misdemeanor or an offense under Section 42.01, Penal Code,
  or of a felony under an information or indictment;
               (2)  [fails to display a license as required by Section
  411.205;
               [(3)] fails to notify the department of a change of
  address or name as required by Section 411.181;
               (3) [(4)]  carries a concealed handgun under the
  authority of this subchapter of a different category than the
  license holder is licensed to carry;
               (4) [(5)]  fails to return a previously issued license
  after a license is modified as required by Section 411.184(d);
               (5) [(6)]  commits an act of family violence and is the
  subject of an active protective order rendered under Title 4,
  Family Code; or
               (6) [(7)]  is arrested for an offense involving family
  violence or an offense under Section 42.072, Penal Code, and is the
  subject of an order for emergency protection issued under Article
  17.292, Code of Criminal Procedure.
         (c)  A license may be suspended under this section:
               (1)  for 30 days, if the person's license is subject to
  suspension for a reason listed in Subsection (a)(2), (3) [(a)(3)],
  or (4), [or (5),] except as provided by Subdivision (2) [(3)];
               (2)  [for 90 days, if the person's license is subject to
  suspension for a reason listed in Subsection (a)(2), except as
  provided by Subdivision (3);
               [(3)] for not less than one year and not more than three
  years if the person's license is subject to suspension for a reason
  listed in Subsection (a), other than the reason listed in
  Subsection (a)(1), and the person's license has been previously
  suspended for the same reason;
               (3) [(4)]  until dismissal of the charges if the
  person's license is subject to suspension for the reason listed in
  Subsection (a)(1); or
               (4) [(5)]  for the duration of or the period specified
  by:
                     (A)  the protective order issued under Title 4,
  Family Code, if the person's license is subject to suspension for
  the reason listed in Subsection (a)(5) [(a)(6)]; or
                     (B)  the order for emergency protection issued
  under Article 17.292, Code of Criminal Procedure, if the person's
  license is subject to suspension for the reason listed in
  Subsection (a)(6) [(a)(7)].
         SECTION 12A.02.  Section 411.205, Government Code, is
  amended to read as follows:
         Sec. 411.205.  REQUIREMENT TO DISPLAY [DISPLAYING]
  LICENSE[; PENALTY].  [(a)]  If a license holder is carrying a
  handgun on or about the license holder's person when a magistrate or
  a peace officer demands that the license holder display
  identification, the license holder shall display both the license
  holder's driver's license or identification certificate issued by
  the department and the license holder's handgun license. [A person
  who fails or refuses to display the license and identification as
  required by this subsection is subject to suspension of the
  person's license as provided by Section 411.187.
         [(b)     A person commits an offense if the person fails or
  refuses to display the license and identification as required by
  Subsection (a) after previously having had the person's license
  suspended for a violation of that subsection. An offense under this
  subsection is a Class B misdemeanor.]
         SECTION 12A.03.  An offense under Section 411.205,
  Government Code, may not be prosecuted after the effective date of
  this article. If, on the effective date of this article, a criminal
  action is pending for an offense under Section 411.205, the action
  is dismissed on that date. However, a final conviction for an
  offense under Section 411.205 that exists on the effective date of
  this article is unaffected by this article.
         SECTION 12A.04.  This article takes effect September 1,
  2009.
  ARTICLE 13. REGULATION OF DRIVER'S LICENSES AND PERSONAL
  IDENTIFICATION CERTIFICATES BY DEPARTMENT
         SECTION 13.01.  Section 521.029, Transportation Code, is
  amended to read as follows:
         Sec. 521.029.  OPERATION OF MOTOR VEHICLE BY NEW STATE
  RESIDENTS. (a)  A person who enters this state as a new resident
  may operate a motor vehicle in this state for no more than 90 [30]
  days after the date on which the person enters this state if the
  person:
               (1)  is 16 years of age or older; and
               (2)  has in the person's possession a driver's license
  issued to the person by the person's state or country of previous
  residence.
         (b)  If a person subject to this section is prosecuted for
  operating a motor vehicle without a driver's license, the
  prosecution alleges that the person has resided in this state for
  more than 90 [30] days, and the person claims to have been covered
  by Subsection (a), the person must prove by the preponderance of the
  evidence that the person has not resided in this state for more than
  90 [30] days.
         SECTION 13.02.  Subchapter C, Chapter 521, Transportation
  Code, is amended by adding Section 521.060 to read as follows:
         Sec. 521.060.  INTERNAL VERIFICATION SYSTEM. (a)  The
  department by rule shall establish a system for identifying unique
  addresses that are submitted in license or certificate applications
  under this chapter or Chapter 522 in a frequency or number that, in
  the department's determination, casts doubt on whether the
  addresses are the actual addresses where the applicants reside.
         (b)  The department may contract with a third-party personal
  data verification service to assist the department in implementing
  this section.
         (c)  The department shall investigate the validity of
  addresses identified under Subsection (a).
         (d)  The department may disclose the results of an
  investigation under Subsection (c) to a criminal justice agency for
  the purposes of enforcing Section 521.4565 or other provisions of
  this chapter or Chapter 522.
         (e)  In this section, "criminal justice agency" has the
  meaning assigned by Article 60.01, Code of Criminal Procedure.
         SECTION 13.03.  Section 521.101, Transportation Code, is
  amended by adding Subsection (j) to read as follows:
         (j)  The department may not issue a personal identification
  certificate to a person who has not established a domicile in this
  state.
         SECTION 13.04.  Subchapter G, Chapter 521, Transportation
  Code, is amended by adding Sections 521.1426 and 521.1427 to read as
  follows:
         Sec. 521.1426.  DOMICILE REQUIREMENT; VERIFICATION.
  (a)  The department may not issue a driver's license or a personal
  identification certificate to a person who has not established a
  domicile in this state.
         (b)  The department shall adopt rules for determining
  whether a domicile has been established, including rules
  prescribing the types of documentation the department may require
  from the applicant to verify the validity of the claimed domicile.
         (c)  The department may contract with a third-party personal
  data verification service to assist the department in verifying a
  claim of domicile, including whether the physical address provided
  by the applicant is the applicant's actual residence.
         Sec. 521.1427.  POST OFFICE BOX NOT VALID AS ADDRESS.
  (a)  In this section, "post office box address" means a United
  States Postal Service post office box address or a private mailbox
  address.
         (b)  Unless an exception exists under state or federal law,
  an applicant may receive delivery of a license or a personal
  identification certificate at a post office box address only if the
  applicant has provided the department the physical address where
  the applicant resides.
         (c)  The department may require the applicant to provide
  documentation that the department determines necessary to verify
  the validity of the physical address provided under Subsection (b).
         (d)  The department may contract with a third-party personal
  data verification service to assist the department in verifying
  whether the physical address provided by the applicant is the
  applicant's actual residence.
         SECTION 13.05.  Subchapter C, Chapter 522, Transportation
  Code, is amended by adding Sections 522.0225 and 522.0226 to read as
  follows:
         Sec. 522.0225.  VERIFICATION OF DOMICILE. (a)  The
  department shall adopt rules for determining whether a domicile has
  been established under Section 522.022, including rules
  prescribing the types of documentation the department may require
  from the applicant to determine the validity of the claimed
  domicile.
         (b)  The department may contract with a third-party personal
  data verification service to assist the department in verifying a
  claim of domicile, including whether the physical address provided
  by the applicant is the applicant's actual residence.
         Sec. 522.0226.  POST OFFICE BOX NOT VALID AS ADDRESS.
  (a)  In this section, "post office box address" means a United
  States Postal Service post office box address or a private mailbox
  address.
         (b)  Unless an exception exists under state or federal law,
  an applicant may receive delivery of a commercial driver's license
  at a post office box address only if the applicant has provided the
  department the physical address where the applicant resides.
         (c)  The department may require the applicant to provide
  documentation that the department determines necessary to verify
  the validity of the physical address provided under Subsection (b).
         (d)  The department may contract with a third-party personal
  data verification service to assist the department in verifying
  whether the physical address provided by the applicant is the
  applicant's actual residence.
         SECTION 13.06.  Subchapter S, Chapter 521, Transportation
  Code, is amended by adding Section 521.4565 to read as follows:
         Sec. 521.4565.  CONSPIRING TO MANUFACTURE COUNTERFEIT
  LICENSE OR CERTIFICATE. (a)  In this section:
               (1)  "Combination," "conspires to commit," "profits,"
  and "criminal street gang" have the meanings assigned by Section
  71.01, Penal Code.
               (2)  "Conspires to manufacture or produce" means that:
                     (A)  a person agrees with one or more other
  persons to engage in the manufacture or production of a forged or
  counterfeit instrument; and
                     (B)  the person and one or more of the other
  persons perform an overt act in pursuance of the agreement.
               (3)  "Instrument" means a driver's license, commercial
  driver's license, or personal identification certificate.
               (4)  "Public servant" has the meaning assigned by
  Section 1.07, Penal Code.
         (b)  A person commits an offense if the person establishes,
  maintains, or participates in or conspires to establish, maintain,
  or participate in a combination or criminal street gang, or
  participates in the profits of a combination or criminal street
  gang, with the intent to manufacture or produce a forged or
  counterfeit instrument for the purpose of selling, distributing, or
  delivering such instrument. An agreement constituting conspiring
  to manufacture or produce may be inferred from the acts of the
  parties.
         (c)  An offense under this section is a state jail felony,
  except that an offense committed by a public servant is a felony of
  the third degree.
         SECTION 13.07.  The Department of Public Safety of the State
  of Texas shall adopt rules required by the amendments of this
  article to Chapters 521 and 522, Transportation Code, as soon as
  practicable after the effective date of this article.
         SECTION 13.08.  This article takes effect immediately if
  this Act receives a vote of two-thirds of all the members elected to
  each house, as provided by Section 39, Article III, Texas
  Constitution. If this Act does not receive the vote necessary for
  immediate effect, this article takes effect September 1, 2009.
  ARTICLE 13A.  DRIVER'S LICENSE ISSUED TO CERTAIN FEDERAL AND
  STATE JUDGES AND SPOUSES
         SECTION 13A.01.  Section 521.001, Transportation Code, is
  amended by adding Subdivisions (3-a) and (8-a) to read as follows:
               (3-a)  "Federal judge" means:
                     (A)  a judge of a United States court of appeals;
                     (B)  a judge of a United States district court;
                     (C)  a judge of a United States bankruptcy court;
  or
                     (D)  a magistrate judge of a United States
  district court.
               (8-a)  "State judge" means:
                     (A)  the judge of an appellate court, a district
  court, or a county court at law of this state; or
                     (B)  an associate judge appointed under Chapter
  201, Family Code.
         SECTION 13A.02.  Sections 521.054(a) and (b),
  Transportation Code, are amended to read as follows:
         (a)  This section applies to a person who:
               (1)  after applying for or being issued a [the] license
  or certificate moves to a new residence [from the] address [stated
  in the person's application for a license or certificate];
               (2)  has used the procedure under Section 521.121(d)
  and whose status as a federal judge, a state judge, or the spouse of
  a federal or state judge becomes inapplicable [moves from the
  address shown on the license or certificate held by the person]; or
               (3)  changes the person's name by marriage or
  otherwise.
         (b)  A person subject to this section shall notify the
  department of the change not later than the 30th day after the date
  on which the change takes effect and apply for a duplicate license
  or certificate as provided by Section 521.146. The duplicate
  license must include the person's current residence address.
         SECTION 13A.03.  Section 521.121, Transportation Code, is
  amended by amending Subsection (a) and adding Subsection (d) to
  read as follows:
         (a)  The driver's license must include:
               (1)  a distinguishing number assigned by the department
  to the license holder;
               (2)  a color photograph of the entire face of the
  holder;
               (3)  the full name and[,] date of birth[, and residence
  address] of the holder; [and]
               (4)  a brief description of the holder; and
               (5)  the license holder's residence address or, for a
  license holder using the procedure under Subsection (d), the street
  address of the courthouse in which the license holder or license
  holder's spouse serves as a federal judge or state judge.
         (d)  The department shall establish a procedure for a federal
  judge, a state judge, or the spouse of a federal or state judge to
  omit the license holder's residence address on the license and to
  include, in lieu of that address, the street address of the
  courthouse in which the license holder or license holder's spouse
  serves as a federal judge or state judge. In establishing the
  procedure, the department shall require sufficient documentary
  evidence to establish the license holder's status as a federal
  judge, state judge, or the spouse of a federal or state judge.
         SECTION 13A.04.  Section 521.142(c), Transportation Code,
  is amended to read as follows:
         (c)  The application must state:
               (1)  the sex of the applicant;
               (2)  the residence address of the applicant, or if the
  applicant is a federal judge, a state judge, or the spouse of a
  federal or state judge using the procedure developed under Section
  521.121(d), the street address of the courthouse in which the
  applicant or the applicant's spouse serves as a federal judge or a
  state judge;
               (3)  whether the applicant has been licensed to drive a
  motor vehicle before;
               (4)  if previously licensed, when and by what state or
  country;
               (5)  whether that license has been suspended or revoked
  or a license application denied;
               (6)  the date and reason for the suspension,
  revocation, or denial;
               (7)  whether the applicant is a citizen of the United
  States; and
               (8)  the county of residence of the applicant.
  ARTICLE 14. USE OF AN OFFENDER IDENTIFICATION CARD OR SIMILAR FORM
  OF IDENTIFICATION AS PROOF OF IDENTITY FOR AN APPLICANT FOR A
  DRIVER'S LICENSE OR COMMERCIAL DRIVER'S LICENSE
         SECTION 14.01.  Subsection (a), Section 521.142,
  Transportation Code, is amended to read as follows:
         (a)  An application for an original license must state the
  applicant's full name and place and date of birth.  This information
  must be verified by presentation of proof of identity satisfactory
  to the department.  The department must accept as satisfactory
  proof of identity under this subsection an offender identification
  card or similar form of identification issued to an inmate by the
  Texas Department of Criminal Justice if the applicant also provides
  supplemental verifiable records or documents that aid in
  establishing identity.
         SECTION 14.02.  Subchapter G, Chapter 521, Transportation
  Code, is amended by adding Section 521.1421 to read as follows:
         Sec. 521.1421.  INMATE IDENTIFICATION VERIFICATION PILOT
  PROGRAM.  (a)  The department shall participate in an inmate
  identification verification pilot program for the purpose of
  issuing driver's licenses and personal identification certificates
  to inmates of the Texas Department of Criminal Justice.
         (b)  Under the pilot program, the department may:
               (1)  enter into a contract with the Texas Department of
  Criminal Justice and the Department of State Health Services to
  establish an identification verification process for inmates of the
  Texas Department of Criminal Justice; and
               (2)  issue a driver's license or a personal
  identification certificate to an inmate whose identity has been
  confirmed through the verification process and who otherwise meets
  the requirements for the issuance of the driver's license or
  personal identification certificate.
         (c)  At the conclusion of the pilot program the governing
  bodies of the participating agencies may agree to continue the
  pilot program on a permanent basis.
         (d)  Not later than December 1, 2010, the department and the
  Texas Department of Criminal Justice shall jointly issue a report
  to the standing committees of the legislature with jurisdiction
  over issues related to criminal justice and homeland security
  addressing:
               (1)  the status of the pilot program;
               (2)  the effectiveness of the pilot program; and
               (3)  an analysis of the feasibility of implementing a
  statewide program based on the pilot program.
         SECTION 14.03.  Subsection (c-1), Section 522.021,
  Transportation Code, is amended to read as follows:
         (c-1)  If the department requires proof of an applicant's
  identity as part of an application under this section, the
  department must accept as satisfactory proof of identity an
  offender identification card or similar form of identification
  issued to an inmate by the Texas Department of Criminal Justice if
  the applicant also provides supplemental verifiable records or
  documents that aid in establishing identity.
         SECTION 14.04.  The changes in law made by this article apply
  only to an application for a driver's license, commercial driver's
  license, or personal identification certificate submitted on or
  after the effective date of this article. An application for a
  driver's license, commercial driver's license, or personal
  identification certificate submitted before the effective date of
  this article is subject to the law in effect on the date the
  application was submitted, and that law is continued in effect for
  that purpose.
         SECTION 14.05.  This article takes effect September 1, 2009.
  ARTICLE 15. DRIVER RESPONSIBILITY PROGRAM
         SECTION 15.01.  Section 708.151, Transportation Code, is
  amended to read as follows:
         Sec. 708.151.  NOTICE OF SURCHARGE. (a)  The department
  shall send notices as required by Subsection (b) to [notify] the
  holder of a driver's license when [of the assessment of] a surcharge
  is assessed on that license.  Each notice must:
               (1)  be sent by first class mail [sent] to the person's
  most recent address as shown on the records of the department or to
  the person's most recent forwarding address on record with the
  United States Postal Service if it is different;
               (2)  [. The notice must] specify the date by which the
  surcharge must be paid;
               (3)  state the total dollar amount of the surcharge
  that must be paid, the number of monthly payments required under an
  installment payment plan, and the minimum monthly payment required
  for a person to enter and maintain an installment payment plan with
  the department; and
               (4)  state the consequences of a failure to pay the
  surcharge.
         (b)  The department shall send a first notice not later than
  the fifth day after the date the surcharge is assessed.
         (c)  If on or before the 45th day after the date the first
  notice was sent the person fails to pay the amount of the surcharge
  or fails to enter into an installment payment agreement with the
  department, the department shall send a second notice.  If on or
  before the 60th day after the date the second notice was sent the
  person fails to pay the amount of the surcharge or fails to enter
  into an installment payment agreement with the department, the
  department shall send a third notice that advises the person that
  the person's driving privileges are suspended.
         SECTION 15.02.  Section 708.152(a), Transportation Code, is
  amended to read as follows:
         (a)  If on [before] the 60th [30th] day after the date the
  department sends a second notice under Section 708.151 the person
  fails to pay the amount of a surcharge on the person's license or
  fails to enter into an installment payment agreement with the
  department, the license of the person is automatically suspended.  
  A person's license may not be suspended under this section before
  the 105th day after the date the surcharge was assessed by the
  department.
         SECTION 15.03.  Section 708.153(b), Transportation Code, is
  amended to read as follows:
         (b)  A rule under this section:
               (1)  may not require [permit] a person to:
                     (A)  pay surcharges that total $500 or more [a
  surcharge] over a period of less [more] than 36 consecutive months;
                     (B)  pay surcharges that total more than $250 but
  not more than $499 over a period of less than 24 consecutive months;
  or
                     (C)  pay surcharges that total $249 or less over a
  period of less than 12 consecutive months; and
               (2)  may provide that if the person fails to make any 
  [a] required monthly installment payment, the department may
  reestablish the installment plan on receipt of a payment in the
  amount equal to at least a required monthly installment payment [or
  declare the amount of the unpaid surcharge immediately due and
  payable].
         SECTION 15.04.  Subchapter D, Chapter 708, Transportation
  Code, is amended by adding Section 708.158 to read as follows:
         Sec. 708.158.  INDIGENT STATUS AND REDUCTION OF SURCHARGES.  
  (a)  The department shall waive all surcharges assessed under this
  chapter for a person who is indigent.  For the purposes of this
  section, a person is considered to be indigent if the person
  provides the evidence described by Subsection (b) to the court.
         (b)  A person must provide information to the court in which
  the person is convicted of the offense that is the basis for the
  surcharge to establish that the person is indigent.  The following
  documentation may be used as proof:
               (1)  a copy of the person's most recent federal income
  tax return that shows that the person's income or the person's
  household income does not exceed 125 percent of the applicable
  income level established by the federal poverty guidelines;
               (2)  a copy of the person's most recent statement of
  wages that shows that the person's income or the person's household
  income does not exceed 125 percent of the applicable income level
  established by the federal poverty guidelines; or
               (3)  documentation from a federal agency, state agency,
  or school district that indicates that the person or, if the person
  is a dependent as defined by Section 152, Internal Revenue Code of
  1986, the taxpayer claiming the person as a dependent, receives
  assistance from:
                     (A)  the food stamp program or the financial
  assistance program established under Chapter 31, Human Resources
  Code;
                     (B)  the federal special supplemental nutrition
  program for women, infants, and children authorized by 42 U.S.C.
  Section 1786;
                     (C)  the medical assistance program under Chapter
  32, Human Resources Code;
                     (D)  the child health plan program under Chapter
  62, Health and Safety Code; or
                     (E)  the national free or reduced-price lunch
  program established under 42 U.S.C. Section 1751 et seq.
         SECTION 15.05.  Section 708.157(c), Transportation Code, is
  amended to read as follows:
         (c)  The department by rule shall [may] establish an
  indigency program for holders of a driver's license on which a
  surcharge has been assessed for certain offenses, as determined by
  the department.
         SECTION 15.06.  Subchapter B, Chapter 708, Transportation
  Code, is amended by adding Section 708.056 to read as follows:
         Sec. 708.056.  DEDUCTION OF POINTS. The department by rule
  shall establish a procedure to provide for the deduction of one
  point accumulated by a person under this subchapter to account for
  each year that the person has not accumulated points under this
  subchapter.
         SECTION 15.07.  The changes in law made by this article apply
  only to a surcharge that is assessed under Chapter 708,
  Transportation Code, on or after the effective date of this
  article.  A surcharge that was assessed under that chapter before
  the effective date of this article is subject to the law in effect
  on the date the surcharge was assessed, and that law is continued in
  effect for that purpose.
         SECTION 15.08.  This article takes effect September 1, 2011.
  ARTICLE 15A. MOTOR VEHICLE SAFETY RESPONSIBILITY
         SECTION 15A.01.  Section 601.053, Transportation Code, is
  amended by amending Subsection (b) and adding Subsection (c) to
  read as follows:
         (b)  Except as provided by Subsection (c), an [An] operator
  who does not exhibit evidence of financial responsibility under
  Subsection (a) is presumed to have operated the vehicle in
  violation of Section 601.051.
         (c)  Subsection (b) does not apply if the peace officer
  determines through use of the verification program established
  under Subchapter N that financial responsibility has been
  established for the vehicle.
         SECTION 15A.02.  Subchapter N, Chapter 601, Transportation
  Code, as added by Chapter 1325 (H.B. 3588), Acts of the 78th
  Legislature, Regular Session, 2003, is repealed.
  ARTICLE 16. SUSPENSION OF A DRIVER'S LICENSE BY DEPARTMENT
         SECTION 16.01.  Section 521.341, Transportation Code, is
  amended to read as follows:
         Sec. 521.341.  REQUIREMENTS FOR AUTOMATIC LICENSE
  SUSPENSION.  Except as provided by Sections 521.344(d)-(i), a
  license is automatically suspended on final conviction of the
  license holder of:
               (1)  an offense under Section 19.05, Penal Code,
  committed as a result of the holder's criminally negligent
  operation of a motor vehicle;
               (2)  an offense under Section 38.04, Penal Code, if the
  holder used a motor vehicle in the commission of the offense;
               (3)  an offense under Section 49.04, 49.045, or 49.08,
  Penal Code;
               (4)  an offense under Section 49.07, Penal Code, if the
  holder used a motor vehicle in the commission of the offense;
               (5)  an offense punishable as a felony under the motor
  vehicle laws of this state;
               (6)  an offense under Section 550.021;
               (7)  an offense under Section 521.451 or 521.453; or
               (8)  an offense under Section 19.04, Penal Code, if the
  holder used a motor vehicle in the commission of the offense.
         SECTION 16.02.  Sections 521.342(a) and (b), Transportation
  Code, are amended to read as follows:
         (a)  Except as provided by Section 521.344, the license of a
  person who was under 21 years of age at the time of the offense,
  other than an offense classified as a misdemeanor punishable by
  fine only, is automatically suspended on conviction of:
               (1)  an offense under Section 49.04, 49.045, or 49.07,
  Penal Code, committed as a result of the introduction of alcohol
  into the body;
               (2)  an offense under the Alcoholic Beverage Code,
  other than an offense to which Section 106.071 of that code applies,
  involving the manufacture, delivery, possession, transportation,
  or use of an alcoholic beverage;
               (3)  a misdemeanor offense under Chapter 481, Health
  and Safety Code, for which Subchapter P does not require the
  automatic suspension of the license;
               (4)  an offense under Chapter 483, Health and Safety
  Code, involving the manufacture, delivery, possession,
  transportation, or use of a dangerous drug; or
               (5)  an offense under Chapter 485, Health and Safety
  Code, involving the manufacture, delivery, possession,
  transportation, or use of an abusable volatile chemical.
         (b)  The department shall suspend for one year the license of
  a person who is under 21 years of age and is convicted of an offense
  under Section 49.04, 49.045, 49.07, or 49.08, Penal Code,
  regardless of whether the person is required to attend an
  educational program under Section 13(h), Article 42.12, Code of
  Criminal Procedure, that is designed to rehabilitate persons who
  have operated motor vehicles while intoxicated, unless the person
  is placed under community supervision under that article and is
  required as a condition of the community supervision to not operate
  a motor vehicle unless the vehicle is equipped with the device
  described by Section 13(i) of that article. If the person is
  required to attend such a program and does not complete the program
  before the end of the person's suspension, the department shall
  suspend the person's license or continue the suspension, as
  appropriate, until the department receives proof that the person
  has successfully completed the program. On the person's successful
  completion of the program, the person's instructor shall give
  notice to the department and to the community supervision and
  corrections department in the manner provided by Section 13(h),
  Article 42.12, Code of Criminal Procedure.
         SECTION 16.03.  Sections 521.344(a), (c), and (i),
  Transportation Code, are amended to read as follows:
         (a)  Except as provided by Sections 521.342(b) and 521.345,
  and by Subsections (d)-(i), if a person is convicted of an offense
  under Section 49.04, 49.045, or 49.07, Penal Code, the license
  suspension:
               (1)  begins on a date set by the court that is not
  earlier than the date of the conviction or later than the 30th day
  after the date of the conviction, as determined by the court; and
               (2)  continues for a period set by the court according
  to the following schedule:
                     (A)  not less than 90 days or more than one year,
  if the person is punished under Section 49.04, 49.045, or 49.07,
  Penal Code, except that if the person's license is suspended for a
  second or subsequent offense under Section 49.07 committed within
  five years of the date on which the most recent preceding offense
  was committed, the suspension continues for a period of one year;
                     (B)  not less than 180 days or more than two years,