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  S.B. No. 1576
 
 
 
 
AN ACT
  relating to the civil commitment of sexually violent predators, the
  operation of the Texas Civil Commitment Office, and certain related
  offenses; increasing a criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 30.010, Civil Practice
  and Remedies Code, is amended to read as follows:
         Sec. 30.010.  PERSONAL IDENTIFYING INFORMATION PRIVILEGED
  FROM DISCOVERY BY INMATE OR COMMITTED PERSON.
         SECTION 2.  Sections 30.010(a) and (b), Civil Practice and
  Remedies Code, are amended to read as follows:
         (a)  Personal identifying information pertaining to an
  individual, including the individual's home address, home
  telephone number, and social security account number, is privileged
  from discovery by an individual who is imprisoned or confined in any
  correctional facility or civilly committed as a sexually violent
  predator under Chapter 841, Health and Safety Code, if the
  individual to whom the information pertains is:
               (1)  an employee of any correctional facility; [or]
               (2)  an officer or employee of the Texas Civil
  Commitment Office or a person who contracts with the office to
  perform a service or an employee of that person; or
               (3)  related within the first degree by consanguinity
  or affinity to an individual described by Subdivision (1) or (2)
  [who is an employee of any correctional facility].
         (b)  Personal identifying information that is privileged
  under this section may be discovered by an individual who is
  imprisoned or confined in a correctional facility or civilly
  committed as a sexually violent predator under Chapter 841, Health
  and Safety Code, only if:
               (1)  the incarcerated individual or committed person
  shows good cause to the court for the discovery of the information;
  and
               (2)  the court renders an order that authorizes
  discovery of the information.
         SECTION 3.  Article 2.13, Code of Criminal Procedure, is
  amended by adding Subsection (d) to read as follows:
         (d)  On a request made by that office, a peace officer shall
  execute an emergency detention order issued by the Texas Civil
  Commitment Office under Section 841.0837, Health and Safety Code.
         SECTION 4.  Article 17.03, Code of Criminal Procedure, is
  amended by amending Subsection (a) and adding Subsection (b-1) to
  read as follows:
         (a)  Except as provided by Subsection (b) or (b-1) [of this
  article], a magistrate may, in the magistrate's discretion, release
  the defendant on [his] personal bond without sureties or other
  security.
         (b-1)  A magistrate may not release on personal bond a
  defendant who, at the time of the commission of the charged offense,
  is civilly committed as a sexually violent predator under Chapter
  841, Health and Safety Code.
         SECTION 5.  Article 62.202, Code of Criminal Procedure, is
  amended by amending Subsection (a) and adding Subsection (a-1) to
  read as follows:
         (a)  Notwithstanding Article 62.058, if an individual
  subject to registration under this chapter is civilly committed as
  a sexually violent predator, the person shall report to the local
  law enforcement authority designated as the person's primary
  registration authority by the department to verify the information
  in the registration form maintained by the authority for that
  person as follows:
               (1)  if the person resides at a civil commitment
  center, not less than once each year; or
               (2)  if the person does not reside at a civil commitment
  center, not less than once in each 30-day period following:
                     (A)  the date the person first registered under
  this chapter; or
                     (B)  if applicable, the date the person moved from
  the center [to verify the information in the registration form
  maintained by the authority for that person].
         (a-1)  For purposes of Subsection (a)(2) [this subsection],
  a person complies with a requirement that the person register
  within a 30-day period following a date if the person registers at
  any time on or after the 27th day following that date but before the
  33rd day after that date.
         SECTION 6.  Subchapter E, Chapter 62, Code of Criminal
  Procedure, is amended by adding Article 62.2021 to read as follows:
         Art. 62.2021.  REQUIREMENTS RELATING TO DRIVER'S LICENSE OR
  PERSONAL IDENTIFICATION CERTIFICATE:  INDIVIDUALS RESIDING AT
  CIVIL COMMITMENT CENTER.  (a)  Notwithstanding Article 62.060(b),
  a person subject to registration who is civilly committed as a
  sexually violent predator and resides at a civil commitment center
  shall renew the person's department-issued driver's license or
  personal identification certificate as prescribed by Section
  521.103, 521.272, or 522.033, Transportation Code, as applicable.
         (b)  On the date that a person described by Subsection (a) no
  longer resides at a civil commitment center, the person is required
  to renew a driver's license or personal identification certificate
  only as provided by Article 62.060(b).
         SECTION 7.  Section 411.0765(b), Government Code, is amended
  to read as follows:
         (b)  A criminal justice agency may disclose criminal history
  record information that is the subject of an order of nondisclosure
  of criminal history record information under this subchapter to the
  following noncriminal justice agencies or entities only:
               (1)  the State Board for Educator Certification;
               (2)  a school district, charter school, private school,
  regional education service center, commercial transportation
  company, or education shared service arrangement;
               (3)  the Texas Medical Board;
               (4)  the Texas School for the Blind and Visually
  Impaired;
               (5)  the Board of Law Examiners;
               (6)  the State Bar of Texas;
               (7)  a district court regarding a petition for name
  change under Subchapter B, Chapter 45, Family Code;
               (8)  the Texas School for the Deaf;
               (9)  the Department of Family and Protective Services;
               (10)  the Texas Juvenile Justice Department;
               (11)  the Department of Assistive and Rehabilitative
  Services;
               (12)  the Department of State Health Services, a local
  mental health service, a local intellectual and developmental
  disability authority, or a community center providing services to
  persons with mental illness or intellectual or developmental
  disabilities;
               (13)  the Texas Private Security Board;
               (14)  a municipal or volunteer fire department;
               (15)  the Texas Board of Nursing;
               (16)  a safe house providing shelter to children in
  harmful situations;
               (17)  a public or nonprofit hospital or hospital
  district, or a facility as defined by Section 250.001, Health and
  Safety Code;
               (18)  the securities commissioner, the banking
  commissioner, the savings and mortgage lending commissioner, the
  consumer credit commissioner, or the credit union commissioner;
               (19)  the Texas State Board of Public Accountancy;
               (20)  the Texas Department of Licensing and Regulation;
               (21)  the Health and Human Services Commission;
               (22)  the Department of Aging and Disability Services;
               (23)  the Texas Education Agency;
               (24)  the Judicial Branch Certification Commission;
               (25)  a county clerk's office in relation to a
  proceeding for the appointment of a guardian under Title 3, Estates
  Code;
               (26)  the Department of Information Resources but only
  regarding an employee, applicant for employment, contractor,
  subcontractor, intern, or volunteer who provides network security
  services under Chapter 2059 to:
                     (A)  the Department of Information Resources; or
                     (B)  a contractor or subcontractor of the
  Department of Information Resources;
               (27)  the Texas Department of Insurance;
               (28)  the Teacher Retirement System of Texas;
               (29)  the Texas State Board of Pharmacy;
               (30)  the Texas Civil Commitment Office;
               (31)  a bank, savings bank, savings and loan
  association, credit union, or mortgage banker, a subsidiary or
  affiliate of those entities, or another financial institution
  regulated by a state regulatory entity listed in Subdivision (18)
  or by a corresponding federal regulatory entity, but only regarding
  an employee, contractor, subcontractor, intern, or volunteer of or
  an applicant for employment by that bank, savings bank, savings and
  loan association, credit union, mortgage banker, subsidiary or
  affiliate, or financial institution; and
               (32) [(31)]  an employer that has a facility that
  handles or has the capability of handling, transporting, storing,
  processing, manufacturing, or controlling hazardous, explosive,
  combustible, or flammable materials, if:
                     (A)  the facility is critical infrastructure, as
  defined by 42 U.S.C. Section 5195c(e), or the employer is required
  to submit to a risk management plan under Section 112(r) of the
  federal Clean Air Act (42 U.S.C. Section 7412) for the facility; and
                     (B)  the information concerns an employee,
  applicant for employment, contractor, or subcontractor whose
  duties involve or will involve the handling, transporting, storing,
  processing, manufacturing, or controlling hazardous, explosive,
  combustible, or flammable materials and whose background is
  required to be screened under a federal provision described by
  Paragraph (A).
         SECTION 8.  Sections 411.1389(a) and (c), Government Code,
  are amended to read as follows:
         (a)  The Texas Civil Commitment Office is entitled to obtain
  from the department criminal history record information that is
  maintained by the department and that relates to a person who:
               (1)  has applied with the office to be:
                     (A) [(1)]  an employee of the office; or
                     (B) [(2)]  a contracted service provider with the
  office; or
               (2)  seeks the office's approval to act as a contact or
  chaperone for a person who is civilly committed as a sexually
  violent predator under Chapter 841, Health and Safety Code.
         (c)  The Texas Civil Commitment Office shall destroy
  criminal history record information obtained under Subsection (a)
  as soon as practicable after the date on which, as applicable:
               (1)  the person's employment or contract with the
  office terminates; [or]
               (2)  the office decides not to employ or contract with
  the person; or
               (3)  the office determines whether the person is
  suitable as a contact or chaperone for a person who is civilly
  committed as a sexually violent predator under Chapter 841, Health
  and Safety Code.
         SECTION 9.  Section 420A.002(c), Government Code, is amended
  to read as follows:
         (c)  Members of the board serve staggered six-year
  [two-year] terms, with the terms of one or two members expiring on[.  
  Three members' terms expire February 1 of each even-numbered year
  and two members' terms expire] February 1 of each odd-numbered
  year.
         SECTION 10.  Section 420A.003, Government Code, is amended
  by adding Subsection (a-1) to read as follows:
         (a-1)  The presiding officer shall select a member of the
  board as an assistant presiding officer and may create board
  committees.
         SECTION 11.  Section 420A.011, Government Code, is amended
  to read as follows:
         Sec. 420A.011.  ADMINISTRATIVE ATTACHMENT; SUPPORT.  
  (a)  The office is administratively attached to the Health and
  Human Services Commission [Department of State Health Services].
         (b)  The Health and Human Services Commission [Department of
  State Health Services] shall provide administrative support
  services, including human resources, budgetary, accounting,
  purchasing, payroll, information technology, and legal support
  services, to the office as necessary to carry out the purposes of
  this chapter.
         (c)  The office, in accordance with the rules and procedures
  of the Legislative Budget Board, shall prepare, approve, and submit
  a legislative appropriations request that is separate from the
  legislative appropriations request for the Health and Human
  Services Commission [Department of State Health Services] and is
  used to develop the office's budget structure.  The office shall
  maintain the office's legislative appropriations request and
  budget structure separately from those of the commission
  [department].
         SECTION 12.  Section 552.117(a), Government Code, is amended
  to read as follows:
         (a)  Information is excepted from the requirements of
  Section 552.021 if it is information that relates to the home
  address, home telephone number, emergency contact information, or
  social security number of the following person or that reveals
  whether the person has family members:
               (1)  a current or former official or employee of a
  governmental body, except as otherwise provided by Section 552.024;
               (2)  a peace officer as defined by Article 2.12, Code of
  Criminal Procedure, or a security officer commissioned under
  Section 51.212, Education Code, regardless of whether the officer
  complies with Section 552.024 or 552.1175, as applicable;
               (3)  a current or former employee of the Texas
  Department of Criminal Justice or of the predecessor in function of
  the department or any division of the department, regardless of
  whether the current or former employee complies with Section
  552.1175;
               (4)  a peace officer as defined by Article 2.12, Code of
  Criminal Procedure, or other law, a reserve law enforcement
  officer, a commissioned deputy game warden, or a corrections
  officer in a municipal, county, or state penal institution in this
  state who was killed in the line of duty, regardless of whether the
  deceased complied with Section 552.024 or 552.1175;
               (5)  a commissioned security officer as defined by
  Section 1702.002, Occupations Code, regardless of whether the
  officer complies with Section 552.024 or 552.1175, as applicable;
               (6)  an officer or employee of a community supervision
  and corrections department established under Chapter 76 who
  performs a duty described by Section 76.004(b), regardless of
  whether the officer or employee complies with Section 552.024 or
  552.1175;
               (7)  a current or former employee of the office of the
  attorney general who is or was assigned to a division of that office
  the duties of which involve law enforcement, regardless of whether
  the current or former employee complies with Section 552.024 or
  552.1175;
               (8)  a current or former employee of the Texas Juvenile
  Justice Department or of the predecessors in function of the
  department, regardless of whether the current or former employee
  complies with Section 552.024 or 552.1175;
               (9)  a current or former juvenile probation or
  supervision officer certified by the Texas Juvenile Justice
  Department, or the predecessors in function of the department,
  under Title 12, Human Resources Code, regardless of whether the
  current or former officer complies with Section 552.024 or
  552.1175;
               (10)  a current or former employee of a juvenile
  justice program or facility, as those terms are defined by Section
  261.405, Family Code, regardless of whether the current or former
  employee complies with Section 552.024 or 552.1175; [or]
               (11)  a current or former member of the Texas military
  forces, as that term is defined by Section 437.001; or
               (12)  a current or former employee of the Texas Civil
  Commitment Office or of the predecessor in function of the office or
  a division of the office, regardless of whether the current or
  former employee complies with Section 552.024 or 552.1175.
         SECTION 13.  The heading to Section 552.1175, Government
  Code, is amended to read as follows:
         Sec. 552.1175.  CONFIDENTIALITY OF CERTAIN PERSONAL
  IDENTIFYING INFORMATION OF PEACE OFFICERS, COUNTY JAILERS,
  SECURITY OFFICERS, EMPLOYEES OF CERTAIN STATE AGENCIES OR CERTAIN
  CRIMINAL OR JUVENILE JUSTICE AGENCIES OR OFFICES, AND FEDERAL AND
  STATE JUDGES.
         SECTION 14.  Section 552.1175(a), Government Code, is
  amended to read as follows:
         (a)  This section applies only to:
               (1)  peace officers as defined by Article 2.12, Code of
  Criminal Procedure;
               (2)  county jailers as defined by Section 1701.001,
  Occupations Code;
               (3)  current or former employees of the Texas
  Department of Criminal Justice or of the predecessor in function of
  the department or any division of the department;
               (4)  commissioned security officers as defined by
  Section 1702.002, Occupations Code;
               (5)  employees of a district attorney, criminal
  district attorney, or county or municipal attorney whose
  jurisdiction includes any criminal law or child protective services
  matters;
               (6)  officers and employees of a community supervision
  and corrections department established under Chapter 76 who perform
  a duty described by Section 76.004(b);
               (7)  criminal investigators of the United States as
  described by Article 2.122(a), Code of Criminal Procedure;
               (8)  police officers and inspectors of the United
  States Federal Protective Service;
               (9)  current and former employees of the office of the
  attorney general who are or were assigned to a division of that
  office the duties of which involve law enforcement;
               (10)  current or former juvenile probation and
  detention officers certified by the Texas Juvenile Justice
  Department, or the predecessors in function of the department,
  under Title 12, Human Resources Code;
               (11)  current or former employees of a juvenile justice
  program or facility, as those terms are defined by Section 261.405,
  Family Code;
               (12)  current or former employees of the Texas Juvenile
  Justice Department or the predecessors in function of the
  department; [and]
               (13)  federal judges and state judges as defined by
  Section 13.0021, Election Code; and
               (14)  current or former employees of the Texas Civil
  Commitment Office or of the predecessor in function of the office or
  a division of the office.
         SECTION 15.  Section 572.032(a-1), Government Code, is
  amended to read as follows:
         (a-1)  Before permitting a member of the public to view a
  financial statement filed under this subchapter or providing a copy
  of the statement to a member of the public, the [The] commission
  shall remove [the home address of a judge or justice] from the [a
  financial] statement, if applicable, the home address of [filed
  under this subchapter before]:
               (1)  a judge or justice [permitting a member of the
  public to view the statement]; or
               (2)  a member of the governing board or executive head
  of the Texas Civil Commitment Office [providing a copy of the
  statement to a member of the public].
         SECTION 16.  Sections 841.082(a), (d), and (e), Health and
  Safety Code, are amended to read as follows:
         (a)  Before entering an order directing a person's civil
  commitment, the judge shall impose on the person requirements
  necessary to ensure the person's compliance with treatment and
  supervision and to protect the community.  The requirements shall
  include:
               (1)  requiring the person to reside where instructed by
  the office;
               (2)  prohibiting the person's contact with a victim of
  the person;
               (3)  requiring the person's participation in and
  compliance with the sex offender treatment program provided by the
  office and compliance with all written requirements imposed by the
  office;
               (4)  requiring the person to submit to appropriate
  supervision and:
                     (A)  submit to tracking under a particular type of
  tracking service, if the person:
                           (i)  while residing at a civil commitment
  center, leaves the center for any reason;
                           (ii)  is in one of the two most restrictive
  tiers of treatment, as determined by the office;
                           (iii)  is on disciplinary status, as
  determined by the office; or
                           (iv)  resides in the community [and to any
  other appropriate supervision]; and
                     (B)  if required to submit to tracking under
  Paragraph (A), refrain from tampering with, altering, modifying,
  obstructing, removing, or manipulating the tracking equipment; and
               (5)  prohibiting the person from leaving the state
  without prior authorization from the office.
         (d)  The committing court retains jurisdiction of the case
  with respect to a proceeding conducted under this subchapter, other
  than a criminal proceeding involving an offense under Section
  841.085, or to a civil commitment proceeding conducted under
  Subchapters F and G.
         (e)  The requirements imposed under Subsection (a) may be
  modified by the committing court at any time after notice to each
  affected party to the proceedings and a hearing.
         SECTION 17.  Section 841.0832(b), Health and Safety Code, is
  amended to read as follows:
         (b)  The office shall designate all or part of a facility
  under Subsection (a) to serve as an intake and orientation facility
  for committed persons on release from a secure correctional
  facility.
         SECTION 18.  Section 841.0833, Health and Safety Code, is
  amended to read as follows:
         Sec. 841.0833.  SECURITY AND MONITORING; CONFIDENTIALITY.  
  (a)  The office shall develop procedures for the security and
  monitoring of committed persons in each programming tier.
         (b)  Information regarding the security and monitoring
  procedures developed under Subsection (a) is confidential and not
  subject to disclosure under Chapter 552, Government Code.
         SECTION 19.  Section 841.0834, Health and Safety Code, is
  amended by adding Subsection (e) to read as follows:
         (e)  A committed person who files a petition under this
  section shall serve a copy of the petition on the office.
         SECTION 20.  Section 841.0836, Health and Safety Code, is
  amended to read as follows:
         Sec. 841.0836.  RELEASE FROM HOUSING.  (a)  A committed
  person released from housing operated by or under contract with the
  office shall be released to:
               (1)  the county in which the person was most recently
  convicted of a sexually violent offense; or
               (2)  if the county described by Subdivision (1) does
  not provide adequate opportunities for the person's treatment and
  for the person's housing or other supervision, as determined by the
  office, a county designated by the office.
         (b)  The office may require a committed person released to a
  county under Subsection (a)(2) to change the person's residence to
  the county described by Subsection (a)(1) if the office determines
  that adequate opportunities for the person's treatment and for the
  person's housing or other supervision become available in that
  county.
         SECTION 21.  Subchapter E, Chapter 841, Health and Safety
  Code, is amended by adding Sections 841.0837 and 841.0838 to read as
  follows:
         Sec. 841.0837.  EMERGENCY DETENTION ORDER.  (a)  In this
  section, "peace officer" has the meaning assigned by Article 2.12,
  Code of Criminal Procedure.
         (b)  For the purpose of returning a committed person to a
  more restrictive setting following a transfer to less restrictive
  housing and supervision under Section 841.0834 or a release under
  Section 841.0836, the office may issue an emergency detention order
  for the person's immediate apprehension and transportation to a
  location designated by the office.
         Sec. 841.0838.  USE OF RESTRAINTS. (a)  An employee of the
  office, or a person who contracts with the office or an employee of
  that person, may use mechanical or chemical restraints on a
  committed person residing in a civil commitment center or while
  transporting a committed person who resides at the center only if:
               (1)  the employee or person completes a training
  program approved by the office on the use of restraints that:
                     (A)  includes instruction on the office's
  approved restraint techniques and devices and the office's verbal
  de-escalation policies, procedures, and practices; and
                     (B)  requires the employee or person to
  demonstrate competency in the use of the restraint techniques and
  devices; and
               (2)  the restraint is:
                     (A)  used as a last resort;
                     (B)  necessary to stop or prevent:
                           (i)  imminent physical injury to the
  committed person or another;
                           (ii)  threatening behavior by the committed
  person while the person is using or exhibiting a weapon;
                           (iii)  a disturbance by a group of committed
  persons; or
                           (iv)  an absconsion from the center; and
                     (C)  the least restrictive restraint necessary,
  used for the minimum duration necessary, to prevent the injury,
  property damage, or absconsion.
         (b)  The office shall develop procedures governing the use of
  mechanical or chemical restraints on committed persons.
         SECTION 22.  Section 841.084(a), Health and Safety Code, is
  amended to read as follows:
         (a)  Notwithstanding Section 841.146(c), a civilly committed
  person who is not indigent:
               (1)  is responsible for the cost of:
                     (A)  housing and treatment provided under this
  chapter; [and]
                     (B)  the tracking service required by Section
  841.082; and
                     (C)  repairs to or replacement of the tracking
  equipment required by Section 841.082, if the person intentionally
  caused the damage to or loss of the equipment, as determined by the
  office; and
               (2)  [monthly] shall pay to the office:
                     (A)  a monthly [the] amount that the office
  determines will be necessary to defray the cost of providing the
  housing, treatment, and service with respect to the person; and
                     (B)  as directed by the office, any amount for
  which the person is responsible under Subdivision (1)(C).
         SECTION 23.  Section 841.085, Health and Safety Code, is
  amended by adding Subsection (c) to read as follows:
         (c)  On request of the local prosecuting attorney, the
  special prosecution unit may assist in the trial of an offense under
  this section.
         SECTION 24.  Section 841.151(c), Health and Safety Code, is
  amended to read as follows:
         (c)  As soon as practicable before, but not [Not] later than
  the third business day preceding, the date a correctional facility,
  secure correctional facility, or secure detention facility
  releases a person who, at the time of the person's detention or
  confinement, was civilly committed under this chapter as a sexually
  violent predator, the facility shall notify the office and the
  person's case manager in writing of the anticipated date and time of
  the person's release.
         SECTION 25.  Subchapter H, Chapter 841, Health and Safety
  Code, is amended by adding Sections 841.152 and 841.153 to read as
  follows:
         Sec. 841.152.  CERTAIN HEARINGS BY CLOSED-CIRCUIT VIDEO
  TELECONFERENCING PERMITTED.  (a)  Notwithstanding Section
  841.103(c), on motion by the attorney representing the state, the
  court shall require a committed person to appear via closed-circuit
  video teleconferencing at a hearing on the modification of civil
  commitment requirements under Section 841.082 or a hearing under
  Subchapter F or G.
         (b)  A recording of a hearing conducted as provided by
  Subsection (a) shall be made and preserved with the court's record
  of the hearing.
         Sec. 841.153.  STATE-ISSUED IDENTIFICATION; NECESSARY
  DOCUMENTATION. (a)  On the release of a committed person from a
  correctional facility, secure correctional facility, or secure
  detention facility, as those terms are defined by Section 841.151,
  the office shall:
               (1)  determine whether the person has:
                     (A)  a valid license issued under Chapter 521 or
  522, Transportation Code; or
                     (B)  a valid personal identification certificate
  issued under Chapter 521, Transportation Code; and
               (2)  if the person does not have a valid license or
  certificate described by Subdivision (1), submit to the Department
  of Public Safety on behalf of the person a request for the issuance
  of a personal identification certificate under Chapter 521,
  Transportation Code.
         (b)  The office shall submit a request under Subsection
  (a)(2) as soon as practicable.
         (c)  The office, the Department of Public Safety, and the
  vital statistics unit of the Department of State Health Services by
  rule shall adopt a memorandum of understanding that establishes
  their respective responsibilities with respect to the issuance of a
  personal identification certificate to a committed person,
  including responsibilities related to verification of the person's
  identity. The memorandum of understanding must require the
  Department of State Health Services to electronically verify the
  birth record of a committed person whose name and any other personal
  information is provided by the office and to electronically report
  the recorded filing information to the Department of Public Safety
  to validate the identity of a committed person under this section.
         (d)  The office shall reimburse the Department of Public
  Safety or the Department of State Health Services, as applicable,
  for the actual costs incurred by those agencies in performing
  responsibilities established under this section. The office may
  charge a committed person for the actual costs incurred under this
  section or for the fees required by Section 521.421, Transportation
  Code.
         SECTION 26.  Section 1.07(a), Penal Code, is amended by
  adding Subdivision (8-a) to read as follows:
               (8-a)  "Civil commitment facility" means a facility
  owned, leased, or operated by the state, or by a vendor under
  contract with the state, that houses only persons who have been
  civilly committed as sexually violent predators under Chapter 841,
  Health and Safety Code.
         SECTION 27.  Section 22.01, Penal Code, is amended by
  amending Subsections (b-1) and (f) and adding Subsection (b-2) to
  read as follows:
         (b-1)  Notwithstanding Subsection (b), an offense under
  Subsection (a)(1) is a felony of the third degree if the offense is
  committed:
               (1)  while the actor is committed to a civil commitment
  facility; and
               (2)  against:
                     (A)  an officer or employee of the Texas Civil
  Commitment Office:
                           (i)  while the officer or employee is
  lawfully discharging an official duty at a civil commitment
  facility; or
                           (ii)  in retaliation for or on account of an
  exercise of official power or performance of an official duty by the
  officer or employee; or
                     (B)  a person who contracts with the state to
  perform a service in a civil commitment facility or an employee of
  that person:
                           (i)  while the person or employee is engaged
  in performing a service within the scope of the contract, if the
  actor knows the person or employee is authorized by the state to
  provide the service; or
                           (ii)  in retaliation for or on account of the
  person's or employee's performance of a service within the scope of
  the contract.
         (b-2)  Notwithstanding Subsection (b)(2), an offense under
  Subsection (a)(1) is a felony of the second degree if:
               (1)  the offense is committed against a person whose
  relationship to or association with the defendant is described by
  Section 71.0021(b), 71.003, or 71.005, Family Code;
               (2)  it is shown on the trial of the offense that the
  defendant has been previously convicted of an offense under this
  chapter, Chapter 19, or Section 20.03, 20.04, or 21.11 against a
  person whose relationship to or association with the defendant is
  described by Section 71.0021(b), 71.003, or 71.005, Family Code;
  and
               (3)  the offense is committed by intentionally,
  knowingly, or recklessly impeding the normal breathing or
  circulation of the blood of the person by applying pressure to the
  person's throat or neck or by blocking the person's nose or mouth.
         (f)  For the purposes of Subsections (b)(2)(A) and (b-2)(2) 
  [(b-1)(2)]:
               (1)  a defendant has been previously convicted of an
  offense listed in those subsections committed against a person
  whose relationship to or association with the defendant is
  described by Section 71.0021(b), 71.003, or 71.005, Family Code, if
  the defendant was adjudged guilty of the offense or entered a plea
  of guilty or nolo contendere in return for a grant of deferred
  adjudication, regardless of whether the sentence for the offense
  was ever imposed or whether the sentence was probated and the
  defendant was subsequently discharged from community supervision;
  and
               (2)  a conviction under the laws of another state for an
  offense containing elements that are substantially similar to the
  elements of an offense listed in those subsections is a conviction
  of the offense listed.
         SECTION 28.  The heading to Section 22.11, Penal Code, is
  amended to read as follows:
         Sec. 22.11.  HARASSMENT BY PERSONS IN CERTAIN [CORRECTIONAL]
  FACILITIES; HARASSMENT OF PUBLIC SERVANT.
         SECTION 29.  Sections 22.11(a) and (e), Penal Code, are
  amended to read as follows:
         (a)  A person commits an offense if, with the intent to
  assault, harass, or alarm, the person:
               (1)  while imprisoned or confined in a correctional or
  detention facility, causes another person to contact the blood,
  seminal fluid, vaginal fluid, saliva, urine, or feces of the actor,
  any other person, or an animal; [or]
               (2)  while committed to a civil commitment facility,
  causes:
                     (A)  an officer or employee of the Texas Civil
  Commitment Office to contact the blood, seminal fluid, vaginal
  fluid, saliva, urine, or feces of the actor, any other person, or an
  animal:
                           (i)  while the officer or employee is
  lawfully discharging an official duty at a civil commitment
  facility; or
                           (ii)  in retaliation for or on account of an
  exercise of official power or performance of an official duty by the
  officer or employee; or
                     (B)  a person who contracts with the state to
  perform a service in the facility or an employee of that person to
  contact the blood, seminal fluid, vaginal fluid, saliva, urine, or
  feces of the actor, any other person, or an animal:
                           (i)  while the person or employee is engaged
  in performing a service within the scope of the contract, if the
  actor knows the person or employee is authorized by the state to
  provide the service; or
                           (ii)  in retaliation for or on account of the
  person's or employee's performance of a service within the scope of
  the contract; or
               (3)  causes another person the actor knows to be a
  public servant to contact the blood, seminal fluid, vaginal fluid,
  saliva, urine, or feces of the actor, any other person, or an animal
  while the public servant is lawfully discharging an official duty
  or in retaliation or on account of an exercise of the public
  servant's official power or performance of an official duty.
         (e)  For purposes of Subsection (a)(3) [(a)(2)], the actor is
  presumed to have known the person was a public servant if the person
  was wearing a distinctive uniform or badge indicating the person's
  employment as a public servant.
         SECTION 30.  The heading to Section 38.11, Penal Code, is
  amended to read as follows:
         Sec. 38.11.  PROHIBITED SUBSTANCES AND ITEMS IN CORRECTIONAL
  OR CIVIL COMMITMENT FACILITY.
         SECTION 31.  Sections 38.11(a), (b), (c), (d), (e), and (i),
  Penal Code, are amended to read as follows:
         (a)  A person commits an offense if the person provides, or
  possesses with the intent to provide:
               (1)  an alcoholic beverage, controlled substance, or
  dangerous drug to a person in the custody of a correctional facility
  or civil commitment facility, except on the prescription of a
  practitioner;
               (2)  a deadly weapon to a person in the custody of a
  correctional facility or civil commitment facility;
               (3)  a cellular telephone or other wireless
  communications device or a component of one of those devices to a
  person in the custody of a correctional facility;
               (4)  money to a person confined in a correctional
  facility; or
               (5)  a cigarette or tobacco product to a person
  confined in a correctional facility, except that if the facility is
  a local jail regulated by the Commission on Jail Standards, the
  person commits an offense only if providing the cigarette or
  tobacco product violates a rule or regulation adopted by the
  sheriff or jail administrator that:
                     (A)  prohibits the possession of a cigarette or
  tobacco product by a person confined in the jail; or
                     (B)  places restrictions on:
                           (i)  the possession of a cigarette or
  tobacco product by a person confined in the jail; or
                           (ii)  the manner in which a cigarette or
  tobacco product may be provided to a person confined in the jail.
         (b)  A person commits an offense if the person takes an
  alcoholic beverage, controlled substance, or dangerous drug into a
  correctional facility or civil commitment facility.
         (c)  A person commits an offense if the person takes a
  controlled substance or dangerous drug on property owned, used, or
  controlled by a correctional facility or civil commitment facility.
         (d)  A person commits an offense if the person:
               (1)  possesses a controlled substance or dangerous drug
  while in a correctional facility or civil commitment facility or on
  property owned, used, or controlled by a correctional facility or
  civil commitment facility; or
               (2)  possesses a deadly weapon while in a correctional
  facility or civil commitment facility.
         (e)  It is an affirmative defense to prosecution under
  Subsection (b), (c), or (d)(1) that the person possessed the
  alcoholic beverage, controlled substance, or dangerous drug
  pursuant to a prescription issued by a practitioner or while
  delivering the beverage, substance, or drug to a warehouse,
  pharmacy, or practitioner on property owned, used, or controlled by
  the correctional facility or civil commitment facility.  It is an
  affirmative defense to prosecution under Subsection (d)(2) that the
  person possessing the deadly weapon is a peace officer or is an
  officer or employee of the correctional facility or civil
  commitment facility who is authorized to possess the deadly weapon
  while on duty or traveling to or from the person's place of
  assignment.
         (i)  It is an affirmative defense to prosecution under
  Subsection (b) that the actor:
               (1)  is a duly authorized member of the clergy with
  rights and privileges granted by an ordaining authority that
  includes administration of a religious ritual or ceremony requiring
  the presence or consumption of an alcoholic beverage; and
               (2)  takes four ounces or less of an alcoholic beverage
  into a [the] correctional facility and personally consumes all of
  the alcoholic beverage or departs from the facility with any
  portion of the beverage not consumed.
         SECTION 32.  Section 46.035(b), Penal Code, is amended to
  read as follows:
         (b)  A license holder commits an offense if the license
  holder intentionally, knowingly, or recklessly carries a handgun
  under the authority of Subchapter H, Chapter 411, Government Code,
  regardless of whether the handgun is concealed or carried in a
  shoulder or belt holster, on or about the license holder's person:
               (1)  on the premises of a business that has a permit or
  license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
  Beverage Code, if the business derives 51 percent or more of its
  income from the sale or service of alcoholic beverages for
  on-premises consumption, as determined by the Texas Alcoholic
  Beverage Commission under Section 104.06, Alcoholic Beverage Code;
               (2)  on the premises where a high school, collegiate,
  or professional sporting event or interscholastic event is taking
  place, unless the license holder is a participant in the event and a
  handgun is used in the event;
               (3)  on the premises of a correctional facility;
               (4)  on the premises of a hospital licensed under
  Chapter 241, Health and Safety Code, or on the premises of a nursing
  facility licensed under Chapter 242, Health and Safety Code, unless
  the license holder has written authorization of the hospital or
  nursing facility administration, as appropriate;
               (5)  in an amusement park; [or]
               (6)  on the premises of a church, synagogue, or other
  established place of religious worship; or
               (7)  on the premises of a civil commitment facility.
         SECTION 33.  Section 25.025(a), Tax Code, is amended to read
  as follows:
         (a)  This section applies only to:
               (1)  a current or former peace officer as defined by
  Article 2.12, Code of Criminal Procedure;
               (2)  a county jailer as defined by Section 1701.001,
  Occupations Code;
               (3)  an employee of the Texas Department of Criminal
  Justice;
               (4)  a commissioned security officer as defined by
  Section 1702.002, Occupations Code;
               (5)  a victim of family violence as defined by Section
  71.004, Family Code, if as a result of the act of family violence
  against the victim, the actor is convicted of a felony or a Class A
  misdemeanor;
               (6)  a federal judge, a state judge, or the spouse of a
  federal judge or state judge;
               (7)  a current or former employee of a district
  attorney, criminal district attorney, or county or municipal
  attorney whose jurisdiction includes any criminal law or child
  protective services matters;
               (8)  an officer or employee of a community supervision
  and corrections department established under Chapter 76,
  Government Code, who performs a duty described by Section 76.004(b)
  of that code;
               (9)  a criminal investigator of the United States as
  described by Article 2.122(a), Code of Criminal Procedure;
               (10)  a police officer or inspector of the United
  States Federal Protective Service;
               (11)  a current or former United States attorney or
  assistant United States attorney and the spouse and child of the
  attorney;
               (12)  a current or former employee of the office of the
  attorney general who is or was assigned to a division of that office
  the duties of which involve law enforcement;
               (13)  a medical examiner or person who performs
  forensic analysis or testing who is employed by this state or one or
  more political subdivisions of this state;
               (14)  a current or former member of the United States
  armed forces who has served in an area that the president of the
  United States by executive order designates for purposes of 26
  U.S.C. Section 112 as an area in which armed forces of the United
  States are or have engaged in combat;
               (15)  a current or former employee of the Texas
  Juvenile Justice Department or of the predecessors in function of
  the department;
               (16)  a current or former juvenile probation or
  supervision officer certified by the Texas Juvenile Justice
  Department, or the predecessors in function of the department,
  under Title 12, Human Resources Code; [and]
               (17)  a current or former employee of a juvenile
  justice program or facility, as those terms are defined by Section
  261.405, Family Code; and
               (18)  a current or former employee of the Texas Civil
  Commitment Office or of the predecessor in function of the office or
  a division of the office.
         SECTION 34.  Section 521.101(h), Transportation Code, is
  amended to read as follows:
         (h)  The department shall automatically revoke each personal
  identification certificate issued by the department to a person
  who:
               (1)  is subject to the registration requirements of
  Chapter 62, Code of Criminal Procedure; and
               (2)  fails to apply to the department for renewal of the
  personal identification certificate as required by Article 62.060
  or 62.2021, Code of Criminal Procedure, as applicable.
         SECTION 35.  Section 521.103(b), Transportation Code, is
  amended to read as follows:
         (b)  A personal identification certificate issued under this
  section, including a renewal, duplicate, or corrected certificate,
  expires on the first birthday of the certificate holder occurring
  after the date of application, except that:
               (1)  the initial certificate issued under this section
  expires on the second birthday of the certificate holder occurring
  after the date of application, subject to Subdivision (2); and
               (2)  a certificate issued under this section to a
  person described by Article 62.2021, Code of Criminal Procedure,
  expires on the sixth anniversary of the date on which the
  certificate was issued.
         SECTION 36.  Section 521.272(c), Transportation Code, is
  amended to read as follows:
         (c)  Notwithstanding Sections 521.271 and 521.2711, a
  driver's license issued under this section, including a renewal,
  duplicate, or corrected license, expires:
               (1)  if the license holder is a citizen, national, or
  legal permanent resident of the United States or a refugee or asylee
  lawfully admitted into the United States, on the first birthday of
  the license holder occurring after the date of application, except
  that:
                     (A)  the initial license issued under this section
  expires on the second birthday of the license holder occurring
  after the date of application, subject to Paragraph (B); and
                     (B)  a license issued under this section to a
  person described by Article 62.2021, Code of Criminal Procedure,
  expires on the sixth anniversary of the date on which the license
  was issued; or
               (2)  if the applicant is not described by Subdivision
  (1), on the earlier of:
                     (A)  the expiration date of the applicant's
  authorized stay in the United States; or
                     (B)  as applicable:
                           (i)  the first birthday of the license
  holder occurring after the date of application;
                           (ii)  if the license holder holds an initial
  license issued under this section, [except that the initial license
  issued under this section expires on] the second birthday of the
  license holder occurring after the date of application; or
                           (iii)  if the license holder is a person
  described by Article 62.2021, Code of Criminal Procedure, the sixth
  anniversary of the date on which the license was issued.
         SECTION 37.  Section 521.348(a), Transportation Code, is
  amended to read as follows:
         (a)  A driver's license is automatically revoked if the
  holder of the license:
               (1)  is subject to the registration requirements of
  Chapter 62, Code of Criminal Procedure; and
               (2)  fails to apply to the department for renewal of the
  license as required by Article 62.060 or 62.2021, Code of Criminal
  Procedure, as applicable.
         SECTION 38.  Section 521.421(a-1), Transportation Code, is
  amended to read as follows:
         (a-1)  The fee for a personal identification certificate
  issued under Section 501.0165, Government Code, or Section 841.153,
  Health and Safety Code, is $5.
         SECTION 39.  Section 522.033(b), Transportation Code, is
  amended to read as follows:
         (b)  Notwithstanding Sections 522.013 and 522.051, a
  commercial driver's license issued under this section, including a
  renewal, duplicate, or corrected license, expires on the first
  birthday of the license holder occurring after the date of
  application, except that:
               (1)  the initial license issued under this section
  expires on the second birthday of the license holder occurring
  after the date of application, subject to Subdivision (2); and
               (2)  a license issued under this section to a person
  described by Article 62.2021, Code of Criminal Procedure, expires
  on the fifth anniversary of the date on which the license was
  issued.
         SECTION 40.  The following provisions are repealed:
               (1)  Sections 420A.009(b) and (c), Government Code; and
               (2)  Section 841.141(b), Health and Safety Code.
         SECTION 41.  Article 17.03, Code of Criminal Procedure, as
  amended by this Act, applies only to a personal bond that is
  executed on or after the effective date of this Act. A personal
  bond executed before the effective date of this Act is governed by
  the law in effect when the personal bond was executed, and the
  former law is continued in effect for that purpose.
         SECTION 42.  Chapter 62, Code of Criminal Procedure, as
  amended by this Act, applies to any person who, on or after the
  effective date of this Act, is required to register under that
  chapter, regardless of whether the offense or conduct for which the
  person is required to register occurs before, on, or after the
  effective date of this Act.
         SECTION 43.  Sections 552.117(a) and 552.1175(a),
  Government Code, and Section 25.025(a), Tax Code, as amended by
  this Act, apply only to a request for information that is received
  by a governmental body or an officer for public information on or
  after the effective date of this Act. A request for information
  that was received before the effective date of this Act is governed
  by the law in effect on the date the request was received, and the
  former law is continued in effect for that purpose.
         SECTION 44.  If a civil commitment requirement imposed under
  Chapter 841, Health and Safety Code, before the effective date of
  this Act differs from any of the civil commitment requirements
  listed in Section 841.082, Health and Safety Code, as amended by
  this Act, the applicable court with jurisdiction over the committed
  person shall, after notice and hearing by submission, modify the
  requirement imposed as applicable to conform to that section.
         SECTION 45.  Section 841.0834(e), Health and Safety Code, as
  added by this Act, applies only to a petition filed on or after the
  effective date of this Act.  A petition filed before the effective
  date of this Act is governed by the law in effect when the petition
  was filed, and the former law is continued in effect for that
  purpose.
         SECTION 46.  Sections 22.01, 22.11, 38.11, and 46.035, Penal
  Code, as amended by this Act, apply 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 governed by the law in
  effect on the date 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 47.  The members of the board of the Texas Civil
  Commitment Office serving on the effective date of this Act may draw
  lots or use another method to determine the members who shall serve
  terms that expire as provided by Section 420A.002(c), Government
  Code, as amended by this Act, in 2019, 2021, or 2023, respectively.
  The members of the board appointed to succeed the members serving on
  the effective date of this Act shall serve six-year terms.
         SECTION 48.  This Act takes effect September 1, 2017.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1576 passed the Senate on
  April 10, 2017, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1576 passed the House on May
  4, 2017, by the following vote:  Yeas 143, Nays 0, two present not
  voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor