35, eff. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: OFFICE OF CAPITAL AND FORENSIC WRITS AND PUBLIC DEFENDER'S OFFICES. Sept. 1, 2001. 1, eff. 910), Sec. 2, eff. (b) Criminal history record information obtained by the school under Subsection (a) may not be released or disclosed to any person except on court order, with the consent of the person who is the subject of the criminal history record information, or as provided by Subsection (d). 1, eff. 3, eff. Acts 2007, 80th Leg., R.S., Ch. 2, eff. Sec. 648, Sec. 2730), Sec. 489 (H.B. (f) A safe house or an officer or volunteer of a safe house is not liable in a civil action for damages resulting from a failure to comply with this section if the safe house, officer, or volunteer makes a good faith effort to comply. Acts 2005, 79th Leg., Ch. Transferred, redesignated and amended from Government Code, Section 411.081 by Acts 2015, 84th Leg., R.S., Ch. (f) Certified records shall be furnished to any person who is authorized by law to receive them. (a) The savings and mortgage lending commissioner is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is: (1) an applicant for or holder of a license, charter, or other authority granted or issued by the savings and mortgage lending commissioner under: (A) Subtitle B or C, Title 3, Finance Code; or. (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. 1, eff. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEACHER RETIREMENT SYSTEM OF TEXAS. (d) The Texas Veterans Commission may provide a copy of the criminal history record information obtained from the department, the Federal Bureau of Investigation Criminal Justice Information Services Division, or other law enforcement agency to the individual who is the subject of the information. (8) the Office of Court Administration of the Texas Judicial System. 23.008, eff. 173, Sec. (b) A person may petition for the expunction of a DNA record under the procedures established under Article 55.02, Code of Criminal Procedure, if the person is entitled to the expunction of records relating to the offense to which the DNA record is related under Article 55.01, Code of Criminal Procedure. 595, Sec. 595 (S.B. Amended by Acts 1999, 76th Leg., ch. Added by Acts 1993, 73rd Leg., ch. 1146 (H.B. 411.0085. 531 (S.B. Following receipt of the alert, participating radio stations and television stations and other participating media outlets may issue the alert at designated intervals to assist in locating the missing senior citizen or person with Alzheimer's disease. Acts 2009, 81st Leg., R.S., Ch. The policies and procedures adopted under this subsection must provide that the hiring official will determine, on a case-by-case basis, whether the individual is qualified for employment based on factors that include: Added by Acts 2009, 81st Leg., R.S., Ch. January 1, 2016. September 1, 2005. (d) The commission shall establish policies to ensure that the commission continues to oversee the office of inspector general as required by this section and to ensure that the office of inspector general retains and exercises its original jurisdiction under Section 411.252. Sec. 3, eff. 296, Sec. 76, eff. Sec. Section 7412) for the facility; and. (b) Information disclosed under this section is confidential and not subject to disclosure under Chapter 552. 1091, Sec. ORGANIZATION. September 1, 2013. September 1, 2007. September 1, 2017. (b) To be eligible for a Capitol access pass, a person must meet the eligibility requirements applicable to a license to carry a handgun under Subchapter H, other than requirements regarding evidence of handgun proficiency. (b) The commission and the president of the educational institution called on for assistance shall agree on and arrange the nature and extent of the assistance. September 1, 2009. 790, Sec. 2, eff. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS DEPARTMENT OF LICENSING AND REGULATION. IMPOSITION OF SANCTION. Added by Acts 2001, 77th Leg., ch. 152), Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 411.009. 3016), Sec. ), 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. 1130 (H.B. 411.086. In establishing the procedure, the department shall require sufficient documentary evidence to establish the license holder's status under this subsection. (a) The Texas Rangers division of the department shall establish and support a public integrity unit. June 17, 2011. 91 (S.B. (a) The sheriff and constables of each county and chief of police of each municipality are associate members of the department and are entitled to the rights and privileges granted to them by the department. EVIDENCE OF HANDGUN PROFICIENCY FOR CERTAIN PERSONS. 1296), Sec. Added by Acts 2007, 80th Leg., R.S., Ch. (a) The department shall recruit public and commercial television and radio broadcasters, private commercial entities, state or local governmental entities, the public, and other appropriate persons to assist in developing and implementing the alert system. (e) On receipt of all the application materials required by this section, the department shall: (1) if the applicant is an active judicial officer, issue a license to carry a handgun under the authority of this subchapter; or. 1 (S.B. Added by Acts 2005, 79th Leg., Ch. REMITTANCE OF PENALTY AND INTEREST. 35, eff. 790, Sec. (e) The department shall renew the license of a license holder who meets all the eligibility requirements to continue to hold a license and submits all the renewal materials described by Subsection (a). (c) An approved online course provider shall administer the classroom instruction part of the handgun proficiency course in an online format. 14(1), eff. 2, eff. (a) The department shall issue a license to carry a handgun to an applicant if the applicant meets all the eligibility requirements and submits all the application materials. Sept. 1, 1999. 11.11, eff. (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). 1, eff. (d) The director may release a record of the number of requests made for a defendant's individual DNA record and the name of the requesting person. 1043, Sec. 1, eff. September 1, 2013. 2, eff. September 1, 2013. (f) Notwithstanding any other law, a person, agency, department, political subdivision, or other entity entitled to access the criminal history record information of a person under Subsection (e) is not required to collect or submit the person's fingerprints if: (1) a complete set of the person's fingerprints was previously submitted under Subsection (d)(1); (2) the department retained the fingerprints; (3) the fingerprints are acceptable to the Federal Bureau of Investigation for access to criminal history record information; and. 910), Sec. (2) independently and objectively reviewing, investigating, delegating, and overseeing the investigation of: (A) conduct described in Subdivision (1); (B) criminal activity occurring in all divisions of the department; (C) allegations of wrongdoing by department employees; (D) crimes committed on department property; and. Sec. Acts 2019, 86th Leg., R.S., Ch. 1236, Sec. 411.0901. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. ADMINISTRATION. (2) appropriate alternative dispute resolution procedures under Chapter 2009 to assist in the resolution of internal and external disputes under the department's jurisdiction. 799 (H.B. (c) The department may establish rules governing the administration of this section. (a) To prevent the unlawful transfer of contraband from this state to the United Mexican States and other unlawful activity, the department shall implement a strategy for providing to federal authorities and to local law enforcement authorities working with those federal authorities at international border checkpoints assistance in the interdiction of weapons, bulk currency, stolen vehicles, and other contraband, and of fugitives, being smuggled into the United Mexican States. (b) The commission shall establish procedures and practices governing the appeal of a disciplinary action within the department. (3) except as provided by Subsection (b), actual costs for processing all other information inquiries. (h) An employee of a criminal justice agency may use force against an individual required to provide a DNA sample under this section when and to the degree the employee reasonably believes the force is immediately necessary to collect the sample. 411.356. Sec. September 1, 2005. SCHOOL SAFETY CERTIFICATION FOR QUALIFIED HANDGUN INSTRUCTORS. Sec. The director may revoke a special ranger commission at any time for cause. (b) If a peace officer believes a reason listed in Subsection (a) to revoke a license exists, the officer shall prepare an affidavit on a form provided by the department stating the reason for the revocation of the license and giving the department all of the information available to the officer at the time of the preparation of the form. (c) A fee collected under this section shall be deposited in the state treasury to the credit of the state highway fund, and money deposited to the state highway fund under this section and under Chapter 42A, Code of Criminal Procedure, may be used only to defray the cost of administering this subchapter. 691, Sec. Acts 2017, 85th Leg., R.S., Ch. 2, eff. VEHICLE THEFT CHECKPOINTS AT BORDER CROSSING. DIRECTOR OF AUDIT AND REVIEW. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: COMMERCIAL NUCLEAR POWER PLANT LICENSEES. September 1, 2013. 93 (S.B. Sept. 1, 1997. The policies and procedures developed under this section must provide that the hiring official will determine whether the individual is qualified for employment based on factors including: (1) the specific duties of the position; (2) the number of offenses committed by the individual; (3) the nature and seriousness of each offense; (4) the length of time between the offense and the employment decision; (5) the efforts by the individual at rehabilitation; and. UNAUTHORIZED ACTS INVOLVING DEPARTMENT NAME, INSIGNIA, OR DIVISION NAME. Amended by Acts 2003, 78th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. 2, eff. Acts 2007, 80th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. 411.0605. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: INTERAGENCY COUNCIL ON SEX OFFENDER TREATMENT. (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. 411.132 by Acts 1999, 76th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. (d) A receiver may destroy criminal history record information obtained under Subsection (b) after the purpose for which the information was obtained is accomplished. (f) If the Commissioners Court of El Paso County furnishes without cost to the state the necessary building space, the department shall establish and operate a branch crime detection laboratory in El Paso County to serve the West Texas area, if the department determines that efficient enforcement of law requires establishment of the laboratory and sufficient funds are available in the department. (B) the employee or applicant has or will have direct contact with students. 1083, Sec. Not later than the 45th day after receipt of the renewal materials, the department shall issue the renewed license or notify the license holder in writing that the department denied the license holder's renewal application. Sec. 220 (H.B. 1122, Sec. 1340, Sec. (a) The commission shall appoint the director of the office of audit and review. Sec. 411.063. Acts 2019, 86th Leg., R.S., Ch. (c) The Railroad Commission 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. (a) A person may apply for a license issued under this subchapter if the person is: (1) licensed as a peace officer under Chapter 1701, Occupations Code, and employed as a peace officer by a law enforcement agency; (2) a railroad peace officer appointed by the director under Article 2.121, Code of Criminal Procedure, who holds a certificate of authority issued by the director under that article and a peace officer license issued by the Texas Commission on Law Enforcement; (3) a special ranger of the Texas and Southwestern Cattle Raisers Association appointed by the director under Article 2.125, Code of Criminal Procedure, who holds a certificate of authority issued by the director under that article and a peace officer license issued by the Texas Commission on Law Enforcement; or. HATE CRIME REPORTING. (c) The department may spend funds to hire support staff. Added by Acts 2009, 81st Leg., R.S., Ch. (3) to the affected contractor or subcontractor, unless the information was obtained by the department from the Federal Bureau of Investigation. (d) Repealed by Acts 2009, 81st Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. The department may disseminate criminal history record information under Subsection (b)(2) only for a purpose specified in the statute or order. September 1, 2009. September 1, 2009. 2, eff. 2.20(a), eff. 1483), Sec. UNAUTHORIZED OBTAINING, USE, OR DISCLOSURE OF CRIMINAL HISTORY RECORD INFORMATION; PENALTY. 18, Sec. 76, Sec. 411.1387. 2937), Sec. 184, Sec. Acts 2017, 85th Leg., R.S., Ch. 2018), Sec. The representative of the department shall convene the initial meeting of the committee, and the committee shall elect officers and meet as decided by the committee. (2) if the agency believes the missing suspect poses a threat to other law enforcement officers and to the public, provide notice to the department. 437 (H.B. Sec. (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: (2) in a hearing conducted by the department; (4) with the consent of the person who is the subject of the criminal history record information. June 19, 2015. Sec. 4, eff. 411.503. (b) A written notice meets the requirements under this subchapter if the notice is sent by certified mail to the current address reported by the applicant or license holder to the department. 411.132 by Acts 1999, 76th Leg., ch. 2730), Sec. (3) evidence that the applicant has satisfactorily completed the correctional officer training program offered by the Texas Department of Criminal Justice, including a demonstration of weapons proficiency. Aug. 28, 1995. June 18, 1999; Acts 2003, 78th Leg., ch. (12) "Penal institution" has the meaning assigned by Section 1.07, Penal Code. 411.509. 411.1404. September 1, 2015. (2) establish a plan for providing relevant information to the public through an existing system of dynamic message signs located across the state. The policy must ensure that the public is able to interact with the department on the Internet. (c) The director with the advice and consent of the commission shall formulate and put into effect plans and means of cooperating with sheriffs, local police, and other peace officers throughout the state to prevent and discover crime, apprehend criminals, and promote public safety. Sec. (d-3) An institution of higher education shall widely distribute the rules, regulations, or other provisions described by Subsection (d-1) to the institution's students, staff, and faculty, including by prominently publishing the provisions on the institution's Internet website. January 1, 2016. 1206, Sec. 889 (H.B. 684 (S.B. 411.1409. September 1, 2005. (2) notwithstanding Section 1703.306, Occupations Code, the department may disclose any admission of criminal conduct made during the course of an examination to another appropriate governmental entity. 42 (S.B. Acts 2019, 86th Leg., R.S., Ch. 411), Sec. 411.0745. 572, Sec. (g) If an applicant or a license holder does not petition the justice court, a denial becomes final and a revocation or suspension takes effect on the 30th day after receipt of written notice. 411.4015. 559, Sec. 4, eff. 2, eff. 1369 (H.B. Each person who has an application on file for a position in the department for which an applicant must take an examination shall be given reasonable written notice of the time and place of those examinations. (b) Criminal history record information obtained by the board under this section 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 information. Sec. 150, Sec. (a) This section does not apply to: (1) an applicant who is currently a peace officer of the department commissioned by the department; or. 411.1182. Sec. June 14, 2019. 411.135 by Acts 1999, 76th Leg., ch. 2036), Sec. (6) any person, as necessary to conduct an evaluation of the home under Section 245.051(a), Human Resources Code. INVESTIGATIONS. 411.1992. 2, eff. Sec. Sec. 3016), Sec. 411.203. 14.754, eff. A county attorney in a county with a population of 3.3 million or more is entitled to obtain from the department criminal history record information maintained by the department that relates to: (1) a matter falling within the authority of the county attorney as specified by Section 45.201; or. (c) If a license holder moves from the address stated on the license, the person shall apply for a duplicate license. Added by Acts 1993, 73rd Leg., ch. (b) In addition to information obtained from the Federal Bureau of Investigation under Section 411.087, the Department of State Health Services and the Health and Human Services Commission are entitled to obtain information relating to the wanted persons status of an individual listed in Subsection (a). 2(59), eff. (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. Sec. Acts 2015, 84th Leg., R.S., Ch. 411.1235. 5, eff. POLYGRAPH EXAMINATIONS FOR CERTAIN APPLICANTS. Sept. 1, 1999. 411.002. Acts 2005, 79th Leg., Ch. Acts 1987, 70th Leg., ch. METHOD OF PAYMENT OF FEES AND CHARGES. (2) "McGruff House program" means a program organized by local law enforcement agencies and civic organizations to provide a temporary haven and sense of security to school-age children in emergency or threatening situations. 1420, Sec. Added by Acts 2019, 86th Leg., R.S., Ch. 1217 (S.B. (i) A law enforcement agency shall report offenses under Section 22.011 or 22.021, Penal Code, to the department in the form and manner and at regular intervals as prescribed by rules adopted by the department. The sign must appear in contrasting colors with block letters at least one inch in height and must include on its face the number "51" printed in solid red at least five inches in height. 9.01(a), 9.02(a), eff. Sept. 1, 1995. Acts 2009, 81st Leg., R.S., Ch. This Subchapter Q, consisting of Secs. 1831), Sec. 411.256. 3582), Sec. (a) Notwithstanding any other provision of this subchapter, if the department determines that an applicant is indigent, the department shall reduce by: (1) 50 percent any fee required for the issuance of a duplicate or modified license under this subchapter; and. (a) The commission shall establish the office of inspector general. Added by Acts 1993, 73rd Leg., ch. (c) The department by rule shall adopt procedures for local law enforcement to make reports to the department described by Subsection (a). 411.0995. 2730), Sec. September 1, 2009. 1178), Sec. May 30, 1995; Acts 1997, 75th Leg., ch. (b) The department shall file annually with the governor and the presiding officer of each house of the legislature a report on seized and forfeited assets. Acts 2009, 81st Leg., R.S., Ch. 411.443. 684 (S.B. The institution must give effective notice under Section 30.06, Penal Code, with respect to any portion of a premises on which license holders may not carry. Sec. Added by Acts 1993, 73rd Leg., ch. 1, eff. 738, Sec. 1209 (S.B. STATISTICAL REPORT. 5.05, eff. September 1, 2017. 1312, Sec. An applicant described by this subsection may submit the application at any time after retirement. June 14, 2013. 7, eff. 3.08, eff. 3, eff. September 1, 2015. Added by Acts 2011, 82nd Leg., R.S., Ch. 296, Sec. Both the applicant or license holder and the department may present evidence. 411.145. Sec. If the county offers to furnish necessary space, the department may equip and operate the laboratory within the limits of its general authority and available appropriations. 411.463. 6, eff. (a) The director may designate a head of a division or a position that involves working directly with the director as a management team position. Acts 2015, 84th Leg., R.S., Ch. 30.191, eff. The department shall issue a license to carry a handgun under the authority of this subchapter to any person who is certified as a qualified handgun instructor or approved online course provider and who pays to the department a fee of $40 in addition to the training fee. Acts 2013, 83rd Leg., R.S., Ch. 2730), Sec. 21.002(10), eff. 5.95(50), (76), eff. With the cooperation of the Texas Department of Transportation, the office of the governor, and other appropriate law enforcement agencies in this state, the department shall develop and implement a statewide alert system to be activated on behalf of an abducted child or a missing person with an intellectual disability. 7, eff. The procedures for the review of a denial, revocation, or suspension of a license under Section 411.180 apply to the review of a denial, revocation, or suspension of certification as a qualified handgun instructor or approved online course provider. (b) Not later than January 1, 2017, the department shall submit a report to the legislature that identifies the number of local law enforcement agencies that have implemented the system described by Subsection (a). PROCEDURE FOR CONVICTION; CERTAIN DRIVING WHILE INTOXICATED CONVICTIONS. June 19, 2009. Section 5119a. 1, eff. 411.1105. (2) from the Board of Law Examiners, criminal history record information obtained under Subsection (a). (b-4) The public integrity unit shall inform the presiding judges if a judge of a court with jurisdiction over a complaint is disqualified because the judge is the subject of a criminal investigation under this subchapter based on credible evidence of criminal misconduct. 1236 (S.B. 411.049. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: EMPLOYER AT RESIDENTIAL DWELLING PROJECT. Acts 2015, 84th Leg., R.S., Ch. 616), Sec. Added by Acts 1997, 75th Leg., ch. REPORT RELATED TO CERTAIN INTOXICATION OFFENSES. September 1, 2013. (B) the activation of the alert system would aid in the apprehension of that individual; (2) a description of the circumstances under which a law enforcement agency is required to report a missing suspect to the department; and. INITIATION OF INVESTIGATIONS. 2137), Sec. September 1, 2009. (2) "Nurse aide" has the meaning assigned by Chapter 106, Human Resources Code. (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. September 1, 2015. (b) Criminal history record information obtained by the Texas Civil Commitment Office under Subsection (a) may not be released or disclosed to any person or agency except on court order or with the consent of the person who is the subject of the information. (3) the failure to obtain information under this section. 1, eff. (14) has not made any material misrepresentation, or failed to disclose any material fact, in an application submitted pursuant to Section 411.174. (b) In issuing the alert, the department shall send the alert to designated media outlets in Texas. 1, eff. 511 (S.B. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1999; Acts 2001, 77th Leg., ch. (a) This section applies to an offense under Chapter 31 or 32, Penal Code, or any other offense under that code involving an intent to steal or defraud if the offense was committed against an elderly individual as defined by Section 22.04(c), Penal Code. (a) In this section: (1) "Volunteer center" means a nonprofit, tax-exempt organization: (A) whose primary purpose is to recruit and refer individual volunteers for other nonprofit groups in that area; and.