SB 2048

relating to the assumption of the powers and duties relating to
driver's licenses, personal identification certificates, and other
related programs, powers, and duties by the Texas Department of
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 192.005, Transportation Code, is amended
Sec. 192.005.  RECORD OF COLLISION OR VIOLATION.  If a person
operating a railroad locomotive or train is involved in a collision
with another train or a motor vehicle or is arrested for violation
of a law relating to the person's operation of a railroad locomotive
(1)  the number of or other identifying information on
the person's driver's license or commercial driver's license may not
be included in any report of the collision or violation; and
(2)  the person's involvement in the collision or
violation may not be recorded in the person's individual driving
record maintained by the Texas Department of Motor Vehicles [Public
SECTION 2.  Section 201.806(b), Transportation Code, is
(b)  The department shall provide electronic access to the
system containing the collision reports so that the Texas
Department of Motor Vehicles [Public Safety] can perform its
duties, including the duty to make timely entries on driver
SECTION 3.  Sections 502.357(b), (c), and (d),
Transportation Code, are amended to read as follows:
(b)  Fees collected under this section shall be deposited to
the credit of the state highway fund except that the comptroller
shall provide for a portion of the fees to be deposited first to the
credit of a special fund in the state treasury outside the general
revenue fund to be known as the TexasSure Fund in a total amount
that is necessary to cover the total amount appropriated to the
Texas Department of Insurance from that fund and for the remaining
fees to be deposited to the state highway fund. Subject to
appropriations, the money deposited to the credit of the state
highway fund under this section may be used by the department
[Department of Public Safety] to:
(1)  support the department's [Department of Public
Safety's] reengineering of the driver's license system to provide
for the issuance by the department [Department of Public Safety] of
a driver's license or personal identification certificate, to
include use of image comparison technology; and
(2)  make lease payments to the master lease purchase
program for the financing of the driver's license reengineering
(c)  Subject to appropriation, fees collected under this
section may be used by the [Department of Public Safety, the] Texas
Department of Insurance, the Department of Information Resources,
and the department to carry out Subchapter N, Chapter 601.
(d)  The [Department of Public Safety, the] Texas Department
of Insurance, the Department of Information Resources, and the
department shall jointly adopt rules and develop forms necessary to
SECTION 4.  Sections 521.001(a)(1-a) and (2),
Transportation Code, are amended to read as follows:
(1-a)  "Department" means the Texas Department of Motor
(2)  "Director" means the executive [public safety]
SECTION 5.  Section 521.001(c), Transportation Code, is
(c)  The department by rule may define types of vehicles that
are "motorcycles" for the purposes of this chapter, in addition to
those defined under Subsection (a)(6-a), and[.  The Texas
Department of Motor Vehicles by rule may define the types of
vehicles that are "motorcycles"] for the purposes of Chapters 501,
502, and 503.  This subsection applies only to vehicles
manufactured by a manufacturer licensed under Chapter 2301,
SECTION 6.  Subchapter C, Chapter 521, Transportation Code,
is amended by adding Section 521.064 to read as follows:
Sec. 521.064.  REPRODUCTION OF RECORDS.  (a)  Except as
provided by Subsection (b), the department may photograph,
microphotograph, or film any record in connection with the issuance
of a driver's license or commercial driver's license.
(b)  An original fingerprint card may not be photographed or
filmed to dispose of the original record.
(c)  The department may create original records in
micrographic form on media, such as computer output microfilm.
(d)  A photograph, microphotograph, or film of a record
reproduced under Subsection (a) is equivalent to the original
record for all purposes, including introduction as evidence in all
courts and administrative agency proceedings.  A certified or
authenticated copy of such a photograph, microphotograph, or film
is admissible as evidence equally with the original photograph,
(e)  The director or an authorized representative may
certify the authenticity of a photograph, microphotograph, or film
of a record reproduced under this section and shall charge a fee for
the certified photograph, microphotograph, or film as provided by
(f)  Certified records shall be furnished to any person who
is authorized by law to receive them.
SECTION 7.  Section 521.103, Transportation Code, is amended
by adding Subsection (d) to read as follows:
(d)  The Department of Public Safety may access any
photograph of a person described by Subsection (a) that is made
available to the department through the process of issuing a
personal identification certificate under this section, including
a renewal, duplicate, or corrected certificate, for use by the
Department of Public Safety for purposes of Article 62.005(c), Code
SECTION 8.  Section 521.247, Transportation Code, is amended
Sec. 521.247.  APPROVAL OF IGNITION INTERLOCK DEVICES BY
DEPARTMENT OF PUBLIC SAFETY.  (a)  The Department of Public Safety
[department] shall adopt rules for the approval of ignition
interlock devices used under this subchapter.
(b)  The Department of Public Safety [department] by rule
shall establish general standards for the calibration and
maintenance of the devices.  The manufacturer or an authorized
representative of the manufacturer is responsible for calibrating
(c)  If the Department of Public Safety [department]
approves a device, the Department of Public Safety [department]
shall notify the manufacturer of that approval in writing.  Written
notice from the Department of Public Safety [department] to a
manufacturer is admissible in a civil or criminal proceeding in
this state.  The manufacturer shall reimburse the Department of
Public Safety [department] for any cost incurred by the Department
of Public Safety [department] in approving the device.
(d)  The Department of Public Safety [department] is not
liable in a civil or criminal proceeding that arises from the use of
SECTION 9.  Section 521.2475, Transportation Code, is
Sec. 521.2475.  IGNITION INTERLOCK DEVICE EVALUATION.  (a)
On January 1 of each year, the Department of Public Safety
[department] shall issue an evaluation of each ignition interlock
device approved under Section 521.247 using guidelines established
by the National Highway Traffic Safety Administration, including:
(1)  whether the device provides accurate detection of
(2)  the moving retest abilities of the device;
(3)  the use of tamper-proof blood alcohol content
(4)  the anticircumvention design of the device;
(5)  the recalibration requirements of the device; and
(6)  the breath action required by the operator.
(b)  The Department of Public Safety [department] shall
assess the cost of preparing the evaluation equally against each
manufacturer of an approved device.
SECTION 10.  Sections 521.2476(a), (b), (c), and (d),
Transportation Code, are amended to read as follows:
(a)  The Department of Public Safety [department] by rule
(1)  minimum standards for vendors of ignition
interlock devices who conduct business in this state; and
(2)  procedures to ensure compliance with those
standards, including procedures for the inspection of a vendor's
(b)  The minimum standards shall require each vendor to:
(1)  be authorized by the Department of Public Safety
[department] to do business in this state;
(2)  install a device only if the device is approved
(3)  obtain liability insurance providing coverage for
damages arising out of the operation or use of devices in amounts
and under the terms specified by the Department of Public Safety
(4)  install the device and activate any
anticircumvention feature of the device within a reasonable time
after the vendor receives notice that installation is ordered by a
(5)  install and inspect the device in accordance with
(6)  repair or replace a device not later than 48 hours
after receiving notice of a complaint regarding the operation of
(7)  submit a written report of any violation of a court
order to that court and to the person's supervising officer, if any,
not later than 48 hours after the vendor discovers the violation;
(8)  maintain a record of each action taken by the
vendor with respect to each device installed by the vendor,
including each action taken as a result of an attempt to circumvent
the device, until at least the fifth anniversary after the date of
(9)  make a copy of the record available for inspection
by or send a copy of the record to any court, supervising officer,
or the Department of Public Safety [department] on request; and
(10)  annually provide to the Department of Public
Safety [department] a written report of each service and ignition
interlock device feature made available by the vendor.
(c)  The Department of Public Safety [department] may revoke
its [the department's] authorization for a vendor to do business in
this state if the vendor or an officer or employee of the vendor
(1)  any law of this state that applies to the vendor;
(2)  any rule adopted by the Department of Public
Safety [department] under this section or another law that applies
(d)  A vendor shall reimburse the Department of Public Safety
[department] for the reasonable cost of conducting each inspection
of the vendor's facilities under this section.
SECTION 11.  Section 521.272, Transportation Code, is
amended by adding Subsection (e) to read as follows:
(e)  The Department of Public Safety may access any
photograph of a person described by Subsection (a) that is made
available to the department through the process of issuing a
driver's license under this section, including a renewal,
duplicate, or corrected license, for use by the Department of
Public Safety for purposes of Article 62.005(c), Code of Criminal
SECTION 12.  Section 521A.001, Transportation Code, is
amended by adding Subsection (i) to read as follows:
(i)  In this section, "department" means the Texas
SECTION 13.  Section 522.003(8), Transportation Code, is
(8)  "Department" means the Texas Department of Motor
SECTION 14.  Section 522.007, Transportation Code, is
Sec. 522.007.  EXEMPTION FOR NEIGHBORING STATES.  (a)  The
executive [public safety] director of the department shall enter
negotiations with an appropriate person or entity of a state
bordering this state for the purpose of applying the exemption
contained in Section 522.004(a)(1) to residents of that state.
(b)  The executive [public safety] director of the
department may enter an agreement to apply the exemption contained
in Section 522.004(a)(1) to residents of a bordering state only if
that state extends a similar exemption to residents of this state.
SECTION 15.  Sections 523.003(2) and (5), Transportation
Code, are amended to read as follows:
(2)  "Executive director" means the executive director
of the Texas Department of Motor Vehicles [Public Safety] or the
equivalent officer of another state.
(5)  "Licensing authority" means the Texas Department
of Motor Vehicles [Public Safety] or the equivalent agency of
SECTION 16.  Sections 524.001(8) and (9), Transportation
Code, are amended to read as follows:
(8)  "Department" means the Texas Department of Motor
(9)  "Director" means the executive [public safety]
SECTION 17.  Section 525.001(b), Transportation Code, is
(b)  The Texas Department of Motor Vehicles [Public Safety]
shall include motorcycle and bicycle awareness information in [any
edition of] the Texas driver's handbook [published after the
department exhausts the supply of the handbook that the department
SECTION 18.  Section 543.112(b), Transportation Code, is
(b)  The uniform certificate of course completion must
include an identifying number by which the Texas Department of
Licensing and Regulation, the court, [or] the department, or the
Texas Department of Motor Vehicles may verify its authenticity with
the course provider and must be in a form adopted by the Texas
Department of Licensing and Regulation.
SECTION 19.  Section 601.002(1), Transportation Code, is
(1)  "Department" means the Texas Department of Motor
SECTION 20.  Subchapter A, Chapter 601, Transportation Code,
is amended by adding Section 601.010 to read as follows:
Sec. 601.010.  ACCESS TO RECORDS BY DEPARTMENT OF PUBLIC
SAFETY.  The Department of Public Safety may access the
department's records relating to the suspension of a driver's
license and vehicle registration under this chapter.
SECTION 21.  Section 601.023, Transportation Code, is
Sec. 601.023.  PAYMENT OF STATUTORY FEES.  The department
[(1)  a statutory fee required by the Texas Department
of Motor Vehicles for a certified abstract or in connection with
suspension of a vehicle registration; or
[(2)]  a statutory fee payable to the comptroller for
issuance of a certificate of deposit required by Section 601.122.
SECTION 22.  Section 601.233(a), Transportation Code, is
(a)  A citation for an offense under Section 601.191 issued
as a result of Section 601.053 must include, in type larger than
other type on the citation, the following statement:
"A second or subsequent conviction of an offense under the Texas
Motor Vehicle Safety Responsibility Act will result in the
suspension of your driver's license unless you file and maintain
evidence of financial responsibility with the Texas Department of
Motor Vehicles [Public Safety] for two years from the date of
conviction.  The department may waive the requirement to file
evidence of financial responsibility if you file satisfactory
evidence with the department showing that at the time this citation
was issued, the vehicle was covered by a motor vehicle liability
insurance policy or that you were otherwise exempt from the
requirements to provide evidence of financial responsibility."
SECTION 23.  Section 601.451, Transportation Code, is
Sec. 601.451.  DEFINITION.  In this subchapter,
(2)  [the Texas Department of Motor Vehicles;
[(3)]  the Texas Department of Insurance; and
(3) [(4)]  the Department of Information Resources.
SECTION 24.  Sections 643.253(g) and (h), Transportation
Code, are amended to read as follows:
(g)  As soon as practicable after the date a person is
convicted of an offense under Subsection (b), the convicting court
shall notify the department [Department of Public Safety] of the
conviction.  The notice must be in a form prescribed by the
department [Department of Public Safety] and must contain the
person's driver's license number.
(h)  A conviction under Subsection (b) shall be recorded in
the person's driving record maintained by the department
SECTION 25.  Section 662.011(a), Transportation Code, is
(a)  Of each fee collected under Sections 521.421(b) and (g)
and Sections 522.029(f) and (g), the Texas Department of Motor
Vehicles [Public Safety] shall send $5 to the comptroller for
deposit to the credit of the motorcycle education fund account.
SECTION 26.  Section 703.001(2), Transportation Code, is
(2)  "Department" and "licensing authority" mean the
Texas Department of Motor Vehicles [Public Safety].
SECTION 27.  Section 706.001(2), Transportation Code, is
(2)  "Department" means the Texas Department of Motor
SECTION 28.  Section 706.008(c), Transportation Code, is
(c)  Except for an action based on a citation issued by a
peace officer employed by the Department of Public Safety
[department], the vendor may not be compensated with state money.
SECTION 29.  Section 724.001(7), Transportation Code, is
(7)  "Department" means the Texas Department of Motor
SECTION 30.  Section 724.016, Transportation Code, is
Sec. 724.016.  BREATH SPECIMEN.  (a)  A breath specimen taken
at the request or order of a peace officer must be taken and
analyzed under rules of the Department of Public Safety
[department] by an individual possessing a certificate issued by
the Department of Public Safety [department] certifying that the
individual is qualified to perform the analysis.
(b)  The Department of Public Safety [department] may:
(1)  adopt rules approving satisfactory analytical
(2)  ascertain the qualifications of an individual to
(c)  The Department of Public Safety [department] may revoke
SECTION 31.  Sections 724.032(a) and (b), Transportation
Code, are amended to read as follows:
(a)  If a person refuses to submit to the taking of a
specimen, whether expressly or because of an intentional failure of
the person to give the specimen, the peace officer shall:
(1)  serve notice of license suspension or denial on
(2)  make a written report of the refusal to the
executive director of the department.
(b)  The executive director of the department must approve
the form of the refusal report.  The report must:
(1)  show the grounds for the officer's belief that the
person had been operating a motor vehicle or watercraft powered
with an engine having a manufacturer's rating of 50 horsepower or
(A)  the refusal statement requested under
(B)  a statement signed by the officer that the
(i)  submit to the taking of the requested
(ii)  sign the requested statement under
SECTION 32.  Subchapter C, Chapter 724, Transportation Code,
is amended by adding Section 724.0345 to read as follows:
Sec. 724.0345.  ACCESS TO RECORDS BY DEPARTMENT OF PUBLIC
SAFETY.  The Department of Public Safety may access the
department's records relating to the suspension or denial of a
SECTION 33.  Section 1001.004, Transportation Code, is
Sec. 1001.004.  DIVISIONS.  The executive director shall
organize the department into divisions to accomplish the
department's functions and the duties assigned to the department,
including a division reporting directly to the executive director
and the deputy executive director that administers the following
(1)  the issuance of driver's licenses under Chapters
(2)  the issuance of personal identification
certificates under Chapter 521;
(3)  the issuance of election identification
certificates under Chapter 521A; and
(4)  the registration of voters during the issuance or
renewal of a driver's license or personal identification
SECTION 34.  Section 411.0111, Government Code, is
transferred to Chapter 1003, Transportation Code, and redesignated
as Section 1003.009, Transportation Code, to read as follows:
Sec. 1003.009 [411.0111].  PROVISION OF CERTAIN INFORMATION
TO COMPTROLLER.  (a)  Not later than June 1 of every fifth year, the
department shall provide to the comptroller, for the purpose of
assisting the comptroller in the identification of persons entitled
to unclaimed property reported to the comptroller, the name,
address, social security number, date of birth, and driver's
license or state identification number of each person about whom
the department has such information in its records.
(b)  Information provided to the comptroller under this
section is confidential and may not be disclosed to the public.
(c)  The department shall provide the information in the
format prescribed by rule of the comptroller.
SECTION 35.  Section 106.03(b), Alcoholic Beverage Code, is
(b)  A person who sells a minor an alcoholic beverage does
not commit an offense if the minor falsely represents himself to be
21 years old or older by displaying an apparently valid proof of
identification that contains a physical description and photograph
consistent with the minor's appearance, purports to establish that
the minor is 21 years of age or older, and was issued by a
governmental agency.  The proof of identification may include a
driver's license or identification card issued by the Texas
Department of Motor Vehicles [Public Safety], a passport, or a
SECTION 36.  Section 106.06(d), Alcoholic Beverage Code, is
(d)  A judge, acting under Chapter 42A, Code of Criminal
Procedure, who places a defendant charged with an offense under
this section on community supervision under that chapter shall, if
the defendant committed the offense at a gathering where
participants were involved in the abuse of alcohol, including binge
drinking or forcing or coercing individuals to consume alcohol, in
addition to any other condition imposed by the judge:
(A)  perform community service for not less than
(B)  attend an alcohol awareness program approved
(2)  order the Texas Department of Motor Vehicles
[Public Safety] to suspend the driver's license or permit of the
defendant or, if the defendant does not have a driver's license or
permit, to deny the issuance of a driver's license or permit to the
SECTION 37.  Section 106.071(d), Alcoholic Beverage Code, is
(d)  In addition to any fine and any order issued under
(1)  the court shall order a minor placed on deferred
disposition for or convicted of an offense to which this section
applies to perform community service for:
(A)  not less than eight or more than 12 hours, if
the minor has not been previously convicted of an offense to which
(B)  not less than 20 or more than 40 hours, if the
minor has been previously convicted once of an offense to which this
(2)  the court shall order the Texas Department of
Motor Vehicles [Public Safety] to suspend the driver's license or
permit of a minor convicted of an offense to which this section
applies or, if the minor does not have a driver's license or permit,
to deny the issuance of a driver's license or permit for:
(A)  30 days, if the minor has not been previously
convicted of an offense to which this section applies;
(B)  60 days, if the minor has been previously
convicted once of an offense to which this section applies; or
(C)  180 days, if the minor has been previously
convicted twice or more of an offense to which this section applies.
SECTION 38.  Sections 106.115(b-2), (d), and (e), Alcoholic
Beverage Code, are amended to read as follows:
(b-2)  For purposes of Subsection (b-1), if the defendant is
enrolled in an institution of higher education located in a county
in which access to an alcohol awareness program is readily
available, the court may consider the defendant to be a resident of
that county.  If the defendant is not enrolled in such an
institution of higher education or if the court does not consider
the defendant to be a resident of the county in which the
institution is located, the defendant's residence is the residence
listed on the defendant's driver's license or personal
identification certificate issued by the Texas Department of Motor
Vehicles [Public Safety].  If the defendant does not have a
driver's license or personal identification certificate issued by
the Texas Department of Motor Vehicles [Public Safety], the
defendant's residence is the residence on the defendant's voter
registration certificate.  If the defendant is not registered to
vote, the defendant's residence is the residence on file with the
public school district on which the defendant's enrollment is
based.  If the defendant is not enrolled in public school, the
defendant's residence is determined by the court.
(d)  If the defendant does not present the required evidence
within the prescribed period, the court:
(1)  shall order the Texas Department of Motor Vehicles
(A)  suspend the defendant's driver's license or
permit for a period not to exceed six months or, if the defendant
does not have a license or permit, to deny the issuance of a license
or permit to the defendant for that period; or
(B)  if the defendant has been previously
convicted of an offense under one or more of the sections listed in
Subsection (a), suspend the defendant's driver's license or permit
for a period not to exceed one year or, if the defendant does not
have a license or permit, to deny the issuance of a license or
permit to the defendant for that period; and
(2)  may order the defendant or the parent, managing
conservator, or guardian of the defendant to do any act or refrain
from doing any act if the court determines that doing the act or
refraining from doing the act will increase the likelihood that the
defendant will present evidence to the court that the defendant has
satisfactorily completed an alcohol awareness program or performed
the required hours of community service.
(e)  The Texas Department of Motor Vehicles [Public Safety]
shall send notice of the suspension or prohibition order issued
under Subsection (d) by first class mail to the defendant.  The
notice must include the date of the suspension or prohibition
order, the reason for the suspension or prohibition, and the period
covered by the suspension or prohibition.
SECTION 39.  Section 106.15(e), Alcoholic Beverage Code, is
(e)  A person does not commit an offense under Subsection (a)
if the person younger than 18 years of age falsely represents the
person's age to be at least 18 years of age by displaying an
apparently valid Texas driver's license or an identification card
issued by the Texas Department of Motor Vehicles [Public Safety]
containing a physical description consistent with the person's
SECTION 40.  Section 20.23(b), Business & Commerce Code, is
(b)  Information or documentation that identifies a
protected consumer or a representative of a protected consumer is
considered sufficient proof of identity for purposes of this
(1)  a social security number or a copy of the social
security card issued by the United States Social Security
(2)  a certified or official copy of a birth
certificate issued by the entity authorized to issue the birth
(3)  a copy of a driver's license or identification card
issued by the Texas Department of Motor Vehicles [Public Safety];
(4)  any other government-issued identification.
SECTION 41.  Article 42.016, Code of Criminal Procedure, is
Art. 42.016.  SPECIAL DRIVER'S LICENSE OR IDENTIFICATION
REQUIREMENTS FOR CERTAIN SEX OFFENDERS.  If a person is convicted
of, receives a grant of deferred adjudication for, or is
adjudicated as having engaged in delinquent conduct based on a
violation of an offense for which a conviction or adjudication
requires registration as a sex offender under Chapter 62, the court
(1)  issue an order requiring the Texas Department of
Motor Vehicles [Public Safety] to include in any driver's license
record or personal identification certificate record maintained by
(A)  an indication that the person is subject to
the registration requirements of Chapter 62; and
(B)  if applicable, an indication that the person
is subject to registration because the person was convicted of an
offense involving human trafficking under Chapter 20A, Penal Code;
(2)  require the person to apply to the Texas
Department of Motor Vehicles [Public Safety] in person for an
original or renewal driver's license or personal identification
certificate not later than the 30th day after the date the person is
released or the date the department sends written notice to the
person of the requirements of Article 62.060, as applicable, and to
annually renew the license or certificate;
(3)  notify the person of the consequence of the
conviction or order of deferred adjudication as it relates to the
order issued under this article; and
(4)  send to the Texas Department of Motor Vehicles
[Public Safety] a copy of the record of conviction, a copy of the
order granting deferred adjudication, or a copy of the juvenile
adjudication, as applicable, and a copy of the order issued under
SECTION 42.  Article 42A.406, Code of Criminal Procedure, is
Art. 42A.406.  EFFECT OF EDUCATIONAL PROGRAM REQUIREMENTS ON
DRIVING RECORD AND LICENSE.  (a)  If a defendant is required as a
condition of community supervision to successfully complete an
educational program under Article 42A.403 or 42A.404, or if the
court waives the educational program requirement under Article
42A.403 or the defendant successfully completes education under
Article 42A.4045, the court clerk shall immediately report that
fact to the Texas Department of Motor Vehicles [Public Safety], on a
form prescribed by the department, for inclusion in the defendant's
driving record.  If the court grants an extension of time in which
the defendant may complete the educational program under Article
42A.403, the court clerk shall immediately report that fact to the
Texas Department of Motor Vehicles [Public Safety] on a form
prescribed by the department.  The clerk's report under this
subsection must include the beginning date of the defendant's
(b)  On the defendant's successful completion of an
educational program under Article 42A.403 or 42A.404, the
defendant's instructor shall give notice to the Texas Department of
Motor Vehicles [Public Safety] for inclusion in the defendant's
driving record and to the community supervision and corrections
department.  The community supervision and corrections department
shall forward the notice to the court clerk for filing.
(c) [(b-1)]  Upon release from a residential treatment
facility at which the person successfully completed education under
Article 42A.4045, at the request of the court clerk, the director of
the residential treatment facility shall give notice to the Texas
Department of Motor Vehicles [Public Safety] for inclusion in the
(d) [(c)]  If the Texas Department of Motor Vehicles [Public
Safety] does not receive notice that a defendant required to
complete an educational program has successfully completed the
program within the period required by the judge under this
subchapter, as shown on department records, the department, as
provided by Sections 521.344(e) and (f), Transportation Code,
(1)  revoke the defendant's driver's license; or
(2)  prohibit the defendant from obtaining a license.
(e) [(d)]  The Texas Department of Motor Vehicles [Public
Safety] may not reinstate a license revoked under Subsection (d)
[(c)] as the result of an educational program requirement imposed
under Article 42A.403 unless the defendant whose license was
revoked applies to the department for reinstatement of the license
and pays to the department a reinstatement fee of $100.  The Texas
Department of Motor Vehicles [Public Safety] shall remit all fees
collected under this subsection to the comptroller for deposit in
SECTION 43.  Articles 42A.407(c) and (e), Code of Criminal
Procedure, are amended to read as follows:
(c)  If the Texas Department of Motor Vehicles [Public
Safety] receives notice that a defendant has been required to
successfully complete a subsequent educational program under
Article 42A.403 or 42A.404, although the previously required
completion had been waived, but the judge has not ordered a period
of suspension, the department shall:
(1)  suspend the defendant's driver's license; or
(2)  issue an order prohibiting the defendant from
obtaining a license for a period of one year.
(e)  The suspension of a defendant's driver's license under
Subsection (d) shall be reported to the Texas Department of Motor
Vehicles [Public Safety] as provided under Section 521.347,
SECTION 44.  Articles 45A.304(b) and (e), Code of Criminal
Procedure, are amended to read as follows:
(b)  Notwithstanding Article 45A.303(b)(8), during a
deferral period ordered under this subchapter, the judge shall
require that a defendant described by Subsection (a):
(1)  complete a driving safety course approved under
Chapter 1001, Education Code; and
(2)  if the defendant holds a provisional license, be
examined by the Texas Department of Motor Vehicles [Public Safety]
as required by Section 521.161(b)(2), Transportation Code.
(e)  The reimbursement fee collected under Subsection (d)
must be deposited to the credit of a special account in the general
revenue fund and may be used only by the Texas Department of Motor
Vehicles [Public Safety] for the administration of Chapter 521,
SECTION 45.  Articles 45A.356(a) and (c), Code of Criminal
Procedure, are amended to read as follows:
(a)  The court shall enter judgment on a defendant's plea of
nolo contendere or guilty at the time the plea is made, defer
imposition of the judgment, and allow the defendant a 90-day period
to successfully complete the approved driving safety course or
motorcycle operator training course and present to the court:
(1)  a uniform certificate of completion of the driving
safety course or a verification of completion of the motorcycle
(2)  unless the judge proceeds under Article 45A.359,
the defendant's driving record as maintained by the Texas
Department of Motor Vehicles [Public Safety], if any, showing that
the defendant has not completed an approved driving safety course
or motorcycle operator training course, as applicable, within the
12-month period preceding the date of the offense;
(3)  an affidavit stating that the defendant:
(A)  was not taking a driving safety course or
motorcycle operator training course, as applicable, under this
subchapter on the date the request to take the course was made; and
(B)  has not completed, within the 12-month period
preceding the date of the offense, a course described by Paragraph
(A) that is not shown on the defendant's driving record; and
(4)  if the defendant does not have a Texas driver's
license or permit and is a member, or the spouse or dependent child
of a member, of the United States military forces serving on active
duty, an affidavit stating that the defendant:
(A)  was not taking a driving safety course or
motorcycle operator training course, as applicable, in another
state on the date the request to take the course was made; and
(B)  has not completed a course described by
Paragraph (A) within the 12-month period preceding the date of the
(c)  If a defendant satisfies the requirements of Subsection
(1)  remove the judgment and dismiss the charge;
(2)  report the fact that the defendant successfully
completed a driving safety course or a motorcycle operator training
course and the date of completion to the Texas Department of Motor
Vehicles [Public Safety] for inclusion in the defendant's driving
(3)  state in the report under Subdivision (2) whether
the course was taken under this subchapter to provide information
necessary to determine eligibility to take a subsequent course
SECTION 46.  Articles 45A.359(b), (c), and (f), Code of
Criminal Procedure, are amended to read as follows:
(b)  As an alternative to receiving the defendant's driving
record under Article 45A.356(a)(2), the judge, at the time the
defendant requests a driving safety course or motorcycle operator
training course dismissal under this subchapter, may:
(1)  require the defendant to pay a reimbursement fee
in an amount equal to the sum of the amount of:
(A)  the fee established by Section 521.048,
(B)  the state electronic Internet portal fee; and
(2)  use the state electronic Internet portal to
request that the Texas Department of Motor Vehicles [Public Safety]
provide the judge with a copy of the defendant's driving record
showing the information described by Section 521.047(b),
(c)  As soon as practicable, the Texas Department of Motor
Vehicles [Public Safety] shall use the state electronic Internet
portal to provide the judge with the requested copy of the
(f)  The comptroller shall credit fees collected under
Subsection (e) to the Texas Department of Motor Vehicles [Public
SECTION 47.  Article 45A.401(f), Code of Criminal Procedure,
(f)  A charge dismissed under this article may not be part of
the defendant's criminal record or driving record or used for any
purpose, except that if the charge was for a traffic offense, the
court shall report to the Texas Department of Motor Vehicles
[Public Safety] the fact that the defendant successfully completed
the teen court program and the date of completion for inclusion in
the defendant's driving record.
SECTION 48.  Articles 45A.461(c) and (f), Code of Criminal
Procedure, are amended to read as follows:
(c)  If a child fails to obey an order of a justice or
municipal court under circumstances that would constitute contempt
of court, the justice or municipal court, after providing notice
and an opportunity to be heard, may:
(1)  refer the child to the appropriate juvenile court
for delinquent conduct for contempt of the order; or
(2)  retain jurisdiction of the case, hold the child in
contempt of court, and order that:
(A)  the contemnor pay a fine not to exceed $500;
(B)  the Texas Department of Motor Vehicles
[Public Safety] suspend the contemnor's driver's license or permit
or, if the contemnor does not have a license or permit, deny the
issuance of a license or permit to the contemnor until the contemnor
(f)  A justice or municipal court that orders suspension or
denial of a driver's license or permit under Subsection (c)(2)(B)
shall notify the Texas Department of Motor Vehicles [Public Safety]
on receiving proof of compliance with the orders of the justice or
SECTION 49.  Article 62.053(a), Code of Criminal Procedure,
(a)  Before a person who will be subject to registration
under this chapter is due to be released from a penal institution,
the Texas Department of Criminal Justice or the Texas Juvenile
Justice Department shall determine the person's level of risk to
the community using the sex offender screening tool developed or
selected under Article 62.007 and assign to the person a numeric
risk level of one, two, or three. Before releasing the person, an
official of the penal institution shall:
(A)  not later than the later of the seventh day
after the date on which the person is released or after the date on
which the person moves from a previous residence to a new residence
in this state or not later than the first date the applicable local
law enforcement authority by policy allows the person to register
or verify registration, the person must register or verify
registration with the local law enforcement authority in the
municipality or county in which the person intends to reside;
(B)  not later than the seventh day after the date
on which the person is released or the date on which the person
moves from a previous residence to a new residence in this state,
the person must, if the person has not moved to an intended
residence, report to the applicable entity or entities as required
by Article 62.051(h) or (j) or 62.055(e);
(C)  not later than the seventh day before the
date on which the person moves to a new residence in this state or
another state, the person must report in person to the local law
enforcement authority designated as the person's primary
registration authority by the department and to the juvenile
probation officer, community supervision and corrections
department officer, or parole officer supervising the person;
(D)  not later than the 10th day after the date on
which the person arrives in another state in which the person
intends to reside, the person must register with the law
enforcement agency that is identified by the department as the
agency designated by that state to receive registration
information, if the other state has a registration requirement for
(E)  not later than the 30th day after the date on
which the person is released, the person must apply to the Texas
Department of Motor Vehicles [department] in person for the
issuance of an original or renewal driver's license or personal
identification certificate and a failure to apply to the Texas
Department of Motor Vehicles [department] as required by this
paragraph results in the automatic revocation of any driver's
license or personal identification certificate issued by the Texas
Department of Motor Vehicles [department] to the person;
(F)  the person must notify appropriate entities
of any change in status as described by Article 62.057;
(G)  certain types of employment are prohibited
under Article 62.063 for a person with a reportable conviction or
adjudication for a sexually violent offense involving a victim
younger than 14 years of age and occurring on or after September 1,
(H)  certain locations of residence are
prohibited under Article 62.064 for a person with a reportable
conviction or adjudication for an offense occurring on or after
September 1, 2017, except as otherwise provided by that article;
(I)  if the person enters the premises of a school
as described by Article 62.065 and is subject to the requirements of
that article, the person must immediately notify the administrative
office of the school of the person's presence and the person's
registration status under this chapter;
(2)  require the person to sign a written statement
that the person was informed of the person's duties as described by
Subdivision (1) or Subsection (g) or, if the person refuses to sign
the statement, certify that the person was so informed;
(3)  obtain the address or, if applicable, a detailed
description of each geographical location where the person expects
to reside on the person's release and other registration
information, including a photograph and complete set of
(4)  complete the registration form for the person.
SECTION 50.  Article 62.060, Code of Criminal Procedure, is
Art. 62.060.  REQUIREMENTS RELATING TO DRIVER'S LICENSE OR
PERSONAL IDENTIFICATION CERTIFICATE.  (a)  A person subject to
registration under this chapter shall apply to the Texas Department
of Motor Vehicles [department] in person for the issuance of, as
applicable, an original or renewal driver's license under Section
521.272, Transportation Code, an original or renewal personal
identification certificate under Section 521.103, Transportation
Code, or an original or renewal commercial driver's license or
commercial learner's permit under Section 522.033, Transportation
Code, not later than the 30th day after the date:
(1)  the person is released from a penal institution or
is released by a court on community supervision or juvenile
(2)  the Texas Department of Motor Vehicles
[department] sends written notice to the person of the requirements
(b)  The person shall annually renew in person each driver's
license or personal identification certificate issued by the Texas
Department of Motor Vehicles [department] to the person, including
each renewal, duplicate, or corrected license or certificate, until
the person's duty to register under this chapter expires.
SECTION 51.  Article 62.2021(a), Code of Criminal Procedure,
(a)  Notwithstanding Article 62.060(b), a person subject to
registration who is civilly committed as a sexually violent
predator and resides at a civil commitment center shall renew the
person's state-issued [department-issued] driver's license or
personal identification certificate as prescribed by Section
521.103, 521.272, or 522.033, Transportation Code, as applicable.
SECTION 52.  Article 65.053(a), Code of Criminal Procedure,
(a)  Before a person who will be subject to registration
under this chapter is due to be released from a penal institution,
an official of the penal institution shall:
(A)  not later than the seventh day after the date
on which the person is released or after the date on which the
person moves from a previous residence to a new residence in this
state, or not later than the first date the applicable local law
enforcement authority by policy allows the person to register or
verify registration, the person must register or verify
registration with the local law enforcement authority in the
municipality or county in which the person intends to reside;
(B)  not later than the seventh day after the date
on which the person is released or the date on which the person
moves from a previous residence to a new residence in this state,
the person must, if the person has not moved to an intended
residence, report to the applicable entity or entities as required
(C)  not later than the seventh day before the
date on which the person moves to a new residence in this state or
another state, the person must report in person to the local law
enforcement authority designated as the person's registration
authority and to the officer supervising the person;
(D)  not later than the 10th day after the date on
which the person arrives in another state in which the person
intends to reside, the person must register with the law
enforcement agency that is identified by the department as the
agency designated in that state to receive registration
information, if the other state has a registration requirement;
(E)  not later than the 30th day after the date on
which the person is released, the person must apply to the Texas
Department of Motor Vehicles [department] in person for the
issuance of an original or renewal driver's license or personal
identification certificate and a failure to apply to the Texas
Department of Motor Vehicles [department] as required by this
paragraph results in the automatic revocation of any driver's
license or personal identification certificate issued by the Texas
Department of Motor Vehicles [department] to the person; and
(F)  the person must notify appropriate entities
of any change in status as described by Article 65.055;
(2)  require the person to sign a written statement
confirming that the person was informed of the person's duties as
described by Subdivision (1) or, if the person refuses to sign the
statement, certify that the person was so informed;
(3)  obtain the address or, if applicable, a detailed
description of the geographical location where the person expects
to reside on the person's release and other registration
information, including a photograph and complete set of
(4)  complete the registration form for the person.
SECTION 53.  Article 65.058(a), Code of Criminal Procedure,
(a)  A person subject to registration under this chapter
shall apply to the Texas Department of Motor Vehicles [department]
in person for the issuance of an original or renewal driver's
license under Section 521.272, Transportation Code, a personal
identification certificate under Section 521.103, Transportation
Code, or a commercial driver's license or commercial learner's
permit under Section 522.033, Transportation Code, not later than
(1)  the person is released from a penal institution or
(2)  the department sends written notice to the person
of the requirements of this article.
SECTION 54.  Section 1001.056(d), Education Code, is amended
(d)  A certificate under this section must:
(1)  be in a form required by the department; and
(2)  include an identifying number by which the
department, a court, [or] the Department of Public Safety, or the
Texas Department of Motor Vehicles may verify its authenticity with
SECTION 55.  Section 1001.058(b), Education Code, is amended
(b)  The advisory committee consists of nine members
appointed for staggered six-year terms by the presiding officer of
the commission, with the approval of the commission, as follows:
(1)  three driver education providers;
(2)  three driving safety providers;
(3)  one driver education instructor;
(4)  the division head of the Texas Department of Motor
Vehicles [Public Safety] driver license division or the division
SECTION 56.  Section 1001.060, Education Code, is amended to
Sec. 1001.060.  COORDINATION WITH TEXAS DEPARTMENT OF MOTOR
VEHICLES [PUBLIC SAFETY].  (a)  The department shall enter into a
memorandum of understanding with the Texas Department of Motor
(1)  the interagency development of the content of
driver's license examinations and examination reference materials;
(2)  any other matter the agencies consider
(b)  The memorandum of understanding must authorize the
Texas Department of Motor Vehicles [Public Safety] to share with
the department any relevant information, including information
related to examination results.
SECTION 57.  Section 13.002(c), Election Code, is amended to
(c)  A registration application must include:
(1)  the applicant's first name, middle name, if any,
last name, and former name, if any;
(2)  the month, day, and year of the applicant's birth;
(3)  a statement that the applicant is a United States
(4)  a statement that the applicant is a resident of the
(5)  a statement that the applicant has not been
determined by a final judgment of a court exercising probate
(A)  totally mentally incapacitated; or
(B)  partially mentally incapacitated without the
(6)  a statement that the applicant has not been
finally convicted of a felony or that the applicant is a felon
eligible for registration under Section 13.001;
(7)  the applicant's residence address or, if the
residence has no address, the address at which the applicant
receives mail and a concise description of the location of the
(8)  the following information:
(A)  the applicant's Texas driver's license number
or the number of a personal identification card issued by the Texas
Department of Motor Vehicles [Public Safety];
(B)  if the applicant has not been issued a number
described by Paragraph (A), the last four digits of the applicant's
(C)  a statement by the applicant that the
applicant has not been issued a number described by Paragraph (A) or
(9)  if the application is made by an agent, a statement
of the agent's relationship to the applicant; and
(10)  the city and county in which the applicant
SECTION 58.  Section 13.004(c), Election Code, is amended to
(c)  The following information furnished on a registration
application is confidential and does not constitute public
information for purposes of Chapter 552, Government Code:
(2)  a Texas driver's license number;
(3)  a number of a personal identification card issued
by the Texas Department of Motor Vehicles [Public Safety];
(4)  the residence address of the applicant, if the
applicant is a federal judge, including a federal bankruptcy judge,
a marshal of the United States Marshals Service, a United States
attorney, or a state judge, a family member of a federal judge,
including a federal bankruptcy judge, a marshal of the United
States Marshals Service, a United States attorney, or a state
judge, the spouse of a