US Laws, Codes, Statutes & Cases

GOVERNMENT CODE

SUBTITLE B. LAW ENFORCEMENT AND PUBLIC PROTECTION

CHAPTER 411. DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS

SUBCHAPTER A. GENERAL PROVISIONS AND ADMINISTRATION


	§ 411.001. DEFINITIONS.  In this chapter:                                   
		(1)  "Commission" means the Public Safety Commission.                         
		(2)  "Department" means the Department of Public Safety 
of the State of Texas.
		(3)  "Director" means the public safety director.                             
		(4)  "Internet" means the largest nonproprietary 
nonprofit cooperative public computer network, popularly known as 
the Internet.

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.  Amended 
by Acts 1999, 76th Leg., ch. 791, § 1, eff. June 18, 1999.


	§ 411.002. DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF 
TEXAS.  (a) The Department of Public Safety of the State of Texas is 
an agency of the state to enforce the laws protecting the public 
safety and provide for the prevention and detection of crime.  The 
department is composed of the Texas Rangers, the Texas Highway 
Patrol, the administrative division, and other divisions that the 
commission considers necessary.
	(b)  The department shall have its principal office and 
headquarters in Austin.
	(c)  The Department of Public Safety of the State of Texas is 
subject to Chapter 325 (Texas Sunset Act). Unless continued in 
existence as provided by that chapter, the department is abolished 
and Subsections (a) and (b) expire September 1, 2009.

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.  Amended 
by Acts 1989, 71st Leg., ch. 4, § 2.19(a), eff. Sept. 1, 1989;  
Acts 1991, 72nd Leg., 1st C.S., ch. 17, § 1.23, eff. Nov. 12, 
1991;  Acts 1993, 73rd Leg., ch. 790, § 1, eff. Sept. 1, 1993;  
Acts 1997, 75th Leg., ch. 1169, § 4.03, eff. Sept. 1, 1997;  Acts 
1999, 76th Leg., ch. 1189, § 1, eff. Sept. 1, 1999.


	§ 411.003. PUBLIC SAFETY COMMISSION.  (a) The Public 
Safety Commission controls the department.
	(b)  The commission is composed of three citizens of this 
state appointed by the governor with the advice and consent of the 
senate.  Members must be selected because of their peculiar 
qualifications for the position.  Appointments to the commission 
shall be made without regard to race, color, disability, sex, 
religion, age, or national origin.  In making an appointment the 
governor shall consider, among other things, the person's knowledge 
of laws, experience in the enforcement of law, honesty, integrity, 
education, training, and executive ability.
	(c)  Members serve staggered six-year terms with the term of 
one member expiring January 1 of each even-numbered year.
	(d)  The governor shall designate one member of the 
commission as chairman of the commission to serve in that capacity 
at the pleasure of the governor. The commission shall meet at the 
times and places specified by commission rule or at the call of the 
chairman or any two members.
	(e)  A member serves without compensation for service on the 
commission but is entitled to per diem for expenses as provided by 
the General Appropriations Act.
	(f)  The commission shall develop and implement policies 
that provide the public with a reasonable opportunity to appear 
before the commission and to speak on any issue under the 
jurisdiction of the commission.

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.  Amended 
by Acts 1993, 73rd Leg., ch. 790, § 2, eff. Sept. 1, 1993.


	§ 411.0031. TRAINING FOR COMMISSION MEMBERS.  (a) A 
person who is appointed to and qualifies for office as a member of 
the commission may not vote, deliberate, or be counted as a member 
in attendance at a meeting of the commission until the person 
completes a training program that complies with this section.
	(b)  The training program must provide the person with 
information regarding:
		(1)  the legislation that created the department and 
the commission;        
		(2)  the programs operated by the department;                                 
		(3)  the role and functions of the department;                                
		(4)  the rules of the department, with an emphasis on 
the rules that relate to disciplinary and investigatory authority;
		(5)  the current budget for the department;                                   
		(6)  the results of the most recent formal audit of the 
department;         
		(7)  the requirements of:                                                     
			(A)  the open meetings law, Chapter 551;                                     
			(B)  the public information law, Chapter 552;                                
			(C)  the administrative procedure law, Chapter 
2001;  and                  
			(D)  other laws relating to public officials, 
including conflict of interest laws;  and
		(8)  any applicable ethics policies adopted by the 
department or the Texas Ethics Commission.
	(c)  A person appointed to the commission is entitled to 
reimbursement, as provided by the General Appropriations Act, for 
the travel expenses incurred in attending the training program 
regardless of whether the attendance at the program occurs before 
or after the person qualifies for office.

Added by Acts 1999, 76th Leg., ch. 1189, § 3, eff. Sept. 1, 1999.          


	§ 411.0035. MEMBER AND GENERAL COUNSEL RESTRICTION.  A 
person may not serve as a member of the commission or act as the 
general counsel to the commission if the person is required to 
register as a lobbyist under Chapter 305 because of the person's 
activities for compensation on behalf of a profession related to 
the operation of the commission.

Added by Acts 1993, 73rd Leg., ch. 790, § 4, eff. Sept. 1, 1993.           


	§ 411.0036. REMOVAL OF COMMISSION MEMBER.  (a) It is a 
ground for removal from the commission if a member:
		(1)  does not have at the time of appointment the 
qualifications required by Section 411.003;
		(2)  does not maintain during service on the commission 
the qualifications required by Section 411.003;
		(3)  violates a prohibition established by Section 
411.0035;                
		(4)  cannot discharge the member's duties for a 
substantial part of the term for which the member is appointed 
because of illness or disability;  or
		(5)  is absent from more than half of the regularly 
scheduled commission meetings that the member is eligible to attend 
during a calendar year unless the absence is excused by majority 
vote of the commission.
	(b)  The validity of an action of the commission is not 
affected by the fact that it is taken when a ground for removal of a 
commission member exists.
	(c)  If the director has knowledge that a potential ground 
for removal exists, the director shall notify the chairman of the 
commission of the potential ground.  The chairman shall then notify 
the governor and the attorney general that a potential ground for 
removal exists.  If the potential ground for removal involves the 
chairman, the director shall notify the member with the longest 
tenure on the commission, other than the chairman, who shall then 
notify the governor and the attorney general that a potential 
ground for removal exists.

Added by Acts 1993, 73rd Leg., ch. 790, § 5, eff. Sept. 1, 1993.  
Amended by Acts 1999, 76th Leg., ch. 1189, § 2, eff. Sept. 1, 
1999.


	§ 411.004. DUTIES AND POWERS OF COMMISSION.  The 
commission shall:        
		(1)  formulate plans and policies for:                                        
			(A)  enforcement of state criminal, traffic, and 
safety laws;              
			(B)  prevention of crime;                                                    
			(C)  detection and apprehension of persons who 
violate laws;  and          
			(D)  education of citizens of this state in the 
promotion of public safety and the observance of law;
		(2)  organize the department and supervise its 
operation;                   
		(3)  adopt rules considered necessary for carrying out 
the department's work;
		(4)  maintain records of all proceedings and official 
orders;  and          
		(5)  biennially submit a report of its work to the 
governor and legislature, including the commission's and director's 
recommendations.

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.  Amended 
by Acts 1993, 73rd Leg., ch. 790, § 3, eff. Sept. 1, 1993;  Acts 
1999, 76th Leg., ch. 1189, § 3, eff. Sept. 1, 1999.


	§ 411.0041. OPEN MEETINGS EXCEPTION:  CRIMINAL 
INVESTIGATIONS.  A discussion or deliberation of the commission 
regarding an ongoing criminal investigation, including a vote to 
issue a directive or take other action regarding the investigation, 
is not subject to the open meetings law, Chapter 551.

Added by Acts 1999, 76th Leg., ch. 1189, § 3, eff. Sept. 1, 1999.          


	§ 411.005. DIRECTOR AND ASSISTANT DIRECTOR.  (a) The 
commission shall appoint a citizen of this state as public safety 
director.  The director serves until removed by the commission.
	(b)  The director may appoint, with the advice and consent of 
the commission, assistant directors who shall perform the duties 
that the director designates.  An assistant director serves until 
removed by the director.
	(c)  The commission shall select the director, and the 
director shall select an assistant director, on the basis of the 
person's training, experience, and qualifications for the 
position. The director and an assistant director must have five 
years' experience, preferably in police or public administration.  
The director and an assistant director are entitled to annual 
salaries as provided by the legislature.

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.  Amended 
by Acts 1999, 76th Leg., ch. 1189, § 4, eff. Sept. 1, 1999.


	§ 411.006. DUTIES OF DIRECTOR.  (a) The director shall:                     
		(1)  be directly responsible to the commission for the 
conduct of the department's affairs;
		(2)  act as executive director of the department;                             
		(3)  act with the commission in an advisory capacity, 
without vote;         
		(4)  adopt rules, subject to commission approval, 
considered necessary for the control of the department;
		(5)  issue commissions as law enforcement officers, 
under the commission's direction, to all members of the Texas 
Rangers and the Texas Highway Patrol and to other officers of the 
department;
		(6)  appoint, with the advice and consent of the 
commission, the head of a division or bureau provided for by this 
chapter;
		(7)  quarterly, annually, and biennially submit to the 
commission detailed reports of the operation of the department, 
including statements of its expenditures;  and
		(8)  prepare, swear to, submit to the governor, and 
file in the department's records a quarterly statement containing 
an itemized list of all money received and its source and all money 
spent and the purposes for which it was spent.
	(b)  The director or the director's designee shall provide to 
members of the commission and to department employees, as often as 
necessary, information regarding the requirements for office or 
employment under this chapter, including information regarding a 
person's responsibilities under applicable laws relating to 
standards of conduct for state officers or employees.

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.  Amended 
by Acts 1999, 76th Leg., ch. 1189, § 5, eff. Sept. 1, 1999.


	§ 411.007. OFFICERS AND EMPLOYEES.  (a) Subject to the 
provisions of this chapter, the director may appoint, promote, 
reduce, suspend, or discharge any officer or employee of the 
department.
	(b)  Appointment or promotion of an officer or employee must 
be based on merit determined under commission rules that take into 
consideration the applicant's age and physical condition, if 
appropriate and to the extent allowed under federal law, and that 
take into consideration the applicant's experience and education.  
For promotions of commissioned officers, other than those positions 
covered under Section 411.0071, the department, with the advice and 
consent of the commission, shall establish processes to be 
consistently applied and based on merit.  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.
	(c)  An applicant for a position in the department must be a 
United States citizen.  An applicant may not be questioned 
regarding the applicant's political affiliation or religious faith 
or beliefs.  The department may not prohibit an officer or employee 
of the department, while off duty and out of uniform, from placing a 
bumper sticker endorsing political activities or a candidate for 
political office on a personal vehicle, placing a campaign sign in 
the person's private yard, making a political contribution, or 
wearing a badge endorsing political activities or a candidate.  An 
officer commissioned by the department may not be suspended, 
terminated, or subjected to any form of discrimination by the 
department because of the refusal of the officer to take a polygraph 
examination.  Section 411.0074 does not authorize the department to 
require an officer commissioned by the department to take a 
polygraph examination.
	(d)  At least annually the heads of the divisions and 
bureaus, after due investigation, shall make a report to the 
director of the efficiency of each employee within the division or 
bureau.  These reports shall be kept in the department's permanent 
files and shall be given proper consideration in all matters of 
promotion and discharge.
	(e)  An officer or employee of the department may not be 
discharged without just cause.  The director shall determine 
whether an officer or employee is to be discharged.  An officer or 
employee ordered discharged may appeal to the commission, and 
during the appeal the officer or employee shall be suspended 
without pay.  Except as provided by Subsection (f), the department 
may not discharge, suspend, or demote a commissioned officer except 
for the violation of a specific commission rule.  If the department 
discharges, suspends, or demotes an officer, the department shall 
deliver to the officer a written statement giving the reasons for 
the action taken.  The written statement must point out each 
commission rule alleged to have been violated by the officer and 
must describe the alleged acts of the officer that the department 
contends are in violation of the commission rules.
	(f)  The commission shall establish necessary policies and 
procedures for the appointment, promotion, reduction, suspension, 
and discharge of all employees. A discharged officer or employee is 
entitled, on application to the commission, to a public hearing 
before the commission, who shall affirm or set aside the discharge.  
The commission shall affirm or set aside a discharge on the basis of 
the evidence presented.  If the commission affirms the discharge, 
the discharged officer may seek judicial review, not later than the 
90th day after the date the commission affirms the discharge, in a 
district court under the substantial evidence standard of review, 
and the officer remains suspended without pay while the case is 
under judicial review.  A noncommissioned employee inducted into 
the service of the department is on probation for the first one year 
of service, and an officer is on probation from the date the person 
is inducted into the service of the department until the 
anniversary of the date the person is commissioned.  At any time 
during the probationary period, a person may be discharged without 
the public hearing provided for by this subsection if the director, 
with the advice and consent of the commission, finds the person to 
be unsuitable for the work.

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.  Amended 
by Acts 1989, 71st Leg., ch. 4, § 2.20(a), eff. Sept. 1, 1989;  
Acts 1993, 73rd Leg., ch. 790, § 6, eff. Sept. 1, 1993;  Acts 
1999, 76th Leg., ch. 1189, § 6, eff. Sept. 1, 1999;  Acts 2005, 
79th Leg., ch. 814, § 1, eff. June 17, 2005;  Acts 2005, 79th 
Leg., ch. 955, § 1, eff. June 18, 2005.


	§ 411.0071. DIRECT APPOINTMENT TO MANAGEMENT TEAM 
POSITIONS BY DIRECTOR.  (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.
	(b)  The director may directly appoint a person to a position 
designated as a management team position under Subsection (a) under 
criteria determined by the director and approved by the commission.  
The director's appointment of a person to a management team 
position or transfer of a person from a management team position to 
another position for which the person is qualified, as determined 
by the director, is not subject to Section 411.007.
	(c)  A person appointed to a management team position under 
this section, on removal from that position, shall be returned to 
the position the person held immediately before appointment to the 
management team position or to a position of equivalent rank.  If a 
person is removed from a management team position as a result of the 
filing of a formal charge of misconduct, this subsection applies 
only if the person is exonerated for the misconduct charged.

Added by Acts 1999, 76th Leg., ch. 1189, § 7, eff. Sept. 1, 1999.          


	§ 411.0072. EMPLOYMENT-RELATED GRIEVANCES AND APPEALS OF 
DISCIPLINARY ACTIONS WITHIN THE DEPARTMENT.  (a) In this section:
		(1)  "Disciplinary action" means discharge, 
suspension, or demotion.        
		(2)  "Employment-related grievance" means an 
employment-related issue, other than a disciplinary action, in 
regard to which an employee wishes to express dissatisfaction, 
including promotions, leave requests, performance evaluations, 
transfers, benefits, working environment, shift or duty 
assignments, harassment, retaliation, and relationships with 
supervisors or other employees or any other issue the commission 
determines by rule.
	(b)  The commission shall establish procedures and practices 
governing the appeal of a disciplinary action within the 
department.
	(c)  The commission shall establish procedures and practices 
through which the department will address an employment-related 
grievance that include:
		(1)  a form on which an employee may state an 
employment-related grievance and request a specific corrective 
action;
		(2)  time limits for submitting a grievance and for 
management to respond to a grievance;
		(3)  a multilevel process in which an employee's 
grievance is submitted to the lowest appropriate level of 
management, with each subsequent appeal submitted to a higher level 
in the chain of command;
		(4)  an assurance that confidentiality of all parties 
involved will be maintained, except to the extent that information 
that is subject to required public disclosure under the public 
information law, Chapter 552, is released in response to an open 
records request, and that retaliation against an employee who files 
a grievance is prohibited;  and
		(5)  a program to advertise and explain the grievance 
procedure to all employees.
	(d)  The department shall submit annually to the commission, 
and as part of its biennial report to the legislature required under 
Section 411.004, a report on the department's use of the 
employment-related grievance process under Subsection (c).  The 
report must include:
		(1)  the number of grievances filed;                                          
		(2)  a brief description of the subject of each 
grievance filed;  and       
		(3)  the final disposition of each grievance.                                 

Added by Acts 1999, 76th Leg., ch. 1189, § 7, eff. Sept. 1, 1999.          


	§ 411.0073. MEDIATION OF PERSONNEL DISPUTES.  (a) The 
commission shall establish procedures for an employee to resolve an 
employment-related grievance covered by Section 411.0072 through 
mediation if the employee chooses.  The procedures must include 
mediation procedures and establish the circumstances under which 
mediation is appropriate for an employment-related grievance.
	(b)  Except for Section 2008.054, Chapter 2008, as added by 
Chapter 934, Acts of the 75th Legislature, Regular Session, 1997, 
does not apply to the mediation.  The mediator must be trained in 
mediation techniques.

Added by Acts 1999, 76th Leg., ch. 1189, § 7, eff. Sept. 1, 1999.          


	§ 411.0074. POLYGRAPH EXAMINATIONS FOR CERTAIN 
APPLICANTS.  (a) This section does not apply to:
		(1)  an applicant who is currently a peace officer of 
the department commissioned by the department;  or
		(2)  an applicant for a police communications operator 
position who is currently employed by the department in another 
police communications operator position.
	(b)  Before commissioning an applicant as a peace officer or 
employing an applicant for a police communications operator 
position, the department shall require the applicant to submit to 
the administration of a polygraph examination in accordance with 
rules adopted under Subsection (e).
	(c)  The polygraph examination required by this section may 
only be administered by a polygraph examiner licensed under Chapter 
1703, Occupations Code, who:
		(1)  is a peace officer commissioned by the department;  
or                 
		(2)  has a minimum of two years of experience 
conducting preemployment polygraph examinations for a law 
enforcement agency.
	(d)  The department and the polygraph examiner shall 
maintain the confidentiality of the results of a polygraph 
examination administered under this section, except that:
		(1)  the department and the polygraph examiner may 
disclose the results in accordance with Section 1703.306, 
Occupations Code;  and
		(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.
	(e)  The department shall adopt reasonable rules to specify 
the point in the hiring process at which the department shall 
require a polygraph examination to be administered under this 
section and the manner in which the examination shall be 
administered.  Rules relating to the administration of a polygraph 
examination shall be adopted in accordance with the guidelines 
published by the American Polygraph Association or the American 
Association of Police Polygraphists.
	(f)  The department shall use the results of a polygraph 
examination under this section as a factor in determining whether 
to commission a peace officer or employ an applicant for the 
position of police communications operator.

Added by Acts 2005, 79th Leg., ch. 814, § 2, eff. June 17, 2005;  
Acts 2005, 79th Leg., ch. 955, § 2, eff. June 18, 2005.


	§ 411.0075. PERSONNEL POLICIES.  (a) The director or the 
director's designee shall develop an intraagency career ladder 
program.  The program shall require intraagency postings of all 
non-entry-level positions concurrently with any public posting.
	(b)  The director or the director's designee shall prepare 
and maintain a written policy statement to assure implementation of 
a program of equal employment opportunity under which all personnel 
transactions are made without regard to race, color, disability, 
sex, religion, age, or national origin.  The policy statement must 
include:
		(1)  personnel policies, including policies related to 
recruitment, evaluation, selection, appointment, training, and 
promotion of personnel;
		(2)  a comprehensive analysis of the department work 
force that meets federal and state guidelines;
		(3)  procedures by which a determination can be made of 
significant underuse in the department work force of all persons 
for whom federal or state guidelines encourage a more equitable 
balance;  and
		(4)  reasonable methods to appropriately address those 
areas of significant underuse.
	(c)  A policy statement prepared under Subsection (b) of this 
section must cover an annual period, be updated at least annually, 
and be filed with the governor's office.
	(d)  The governor's office shall deliver a biennial report to 
the legislature based on the information received under Subsection 
(c) of this section.  The report may be made separately or as a part 
of other biennial reports made to the legislature.

Added by Acts 1993, 73rd Leg., ch. 790, § 7, eff. Sept. 1, 1993.           


	§ 411.0076. MINORITY RECRUITING.  (a) The department 
shall continue to place emphasis on minority recruiting and hiring 
efforts for noncommissioned positions.
	(b)  The department's minority recruiter and equal 
employment opportunity positions created for personnel and equal 
employment opportunity matters shall continue to pertain to both 
commissioned and noncommissioned employees.
	(c)  The department by September, 1994, shall study job 
requirements for all noncommissioned positions and thereafter 
shall limit promotion-from-within only to positions where 
department experience is essential for reasonable job performance.

Added by Acts 1993, 73rd Leg., ch. 790, § 7, eff. Sept. 1, 1993.           


	§ 411.0077. LIMITATION ON RESTRICTIONS ON CERTAIN 
OFF-DUTY ACTIVITIES.  (a) During the period that the officer is off 
duty, a commissioned officer of the department is entitled to 
attend educational programs or courses or to engage in any outside 
employment that does not adversely affect the operations or the 
reputation of the department.  The rights of a commissioned officer 
under this section are subject to any reasonable department 
requirements that the officer be accessible to the department 
during off-duty periods for the possible performance of official 
duties.
	(b)  The department shall adopt reasonable guidelines 
relating to acceptable off-duty employment.  The guidelines shall 
be uniformly applied to all supervisory and nonsupervisory 
commissioned officers.
	(b-1)  If the department denies approval of a commissioned 
officer's secondary employment or proposed secondary employment, 
the director or the director's designee must promptly notify the 
officer in writing of the specific guideline adopted under 
Subsection (b) on which the department's decision is based.  The 
notice must explain why the secondary employment or proposed 
secondary employment is prohibited by the referenced guideline.
	(c)  If a commissioned officer is engaged in off-duty 
employment that the officer believes, in good faith, is not 
prohibited by a specific guideline adopted under Subsection (b), 
the officer is authorized to engage in the off-duty employment 
until the director or the director's designee informs the officer 
in writing that the employment is not acceptable.

Added by Acts 1989, 71st Leg., ch. 379, § 1, eff. Sept. 1, 1989.  
Amended by Acts 1991, 72nd Leg., ch. 335, § 1, eff. Sept. 1, 
1991;  Acts 2003, 78th Leg., ch. 921, § 1, eff. Sept. 1, 2003.


	§ 411.0078. USE OF UNIFORM WHILE PERFORMING CERTAIN 
OFF-DUTY ACTIVITIES.  (a) An officer commissioned by the 
department may purchase from the department at fair market value a 
uniform to be used by the officer while providing law enforcement 
services for a person or entity other than the department.  If an 
officer who purchased a uniform under this subsection leaves the 
service of the department for any reason, the officer shall return 
the uniform to the department.  The department shall pay the officer 
the fair market value of the uniform at the time it is returned.  For 
purposes of this subsection:
		(1)  a uniform does not include a handgun or other 
weapon;  and             
		(2)  the fair market value of a uniform is determined by 
the department.    
	(b)  An officer wearing a uniform purchased under Subsection 
(a) may not act in a manner that adversely affects the operations or 
reputation of the department.
	(c)  The department shall adopt reasonable guidelines 
regarding:             
		(1)  the types of law enforcement services for which an 
officer may purchase and wear a uniform under Subsection (a) and the 
circumstances under which the officer may perform those services;  
and
		(2)  the standards of behavior to be maintained by an 
officer who wears a uniform purchased under Subsection (a).

Added by Acts 1995, 74th Leg., ch. 738, § 1, eff. Sept. 1, 1995.           


	§ 411.0079. WORKING CONDITIONS FOR CERTAIN PREGNANT 
OFFICERS.  (a)  The director shall make reasonable efforts to 
accommodate the request of a commissioned officer of the department 
who is determined by a physician to be partially physically 
restricted by a pregnancy if the request is related to the officer's 
working conditions.
	(b)  If the physician of an officer certifies that, because 
of the officer's pregnancy, the officer is unable to perform the 
duties of the officer's permanent work assignment and a temporary 
work assignment that the officer may perform is available, the 
director shall, on request of the officer, assign the officer to the 
temporary work assignment.

Added by Acts 2003, 78th Leg., ch. 891, § 1, eff. Sept. 1, 2003.           


	§ 411.008. DISTRICT HEADQUARTERS.  The commission may 
establish district headquarters and stations at various places in 
the state and provide personnel and equipment necessary for their 
functioning and operation.

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.                    


	§ 411.0085. DRIVER'S LICENSE FACILITIES:  PERSONNEL.  The 
department may not assign more than 123 commissioned officers plus 
supervising personnel to driver's license facilities.

Added by Acts 1995, 74th Leg., ch. 165, § 4, eff. Sept. 1, 1995.           


	§ 411.009. LOCAL COOPERATION.  (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.
	(b)  The director may require a sheriff or other police 
officer in a county or municipality, within the limits of the 
officer's jurisdiction, to aid or assist in the performance of a 
duty imposed by this chapter.  The officer shall comply with the 
order to the extent requested.
	(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.  Each local police and peace 
officer shall cooperate with the director in the plans.
	(d)  Each telegraph and telephone company and radio station 
operating in the state shall grant priority of service to a police 
agency and the department when notified that the service is urgent 
in the interests of the public welfare.
	(e)  The commissioners court of each county may furnish to 
the department necessary building space for establishing a branch 
crime detection laboratory to serve the general area of the state in 
which the county is located.  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.  Unless the legislature has specifically directed 
the establishment and operation of a branch laboratory, the 
commission has discretion to decide whether a branch laboratory 
should be established or maintained.
	(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.

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.                    


	§ 411.0091. SEX OFFENDER COMPLIANCE UNIT.  (a) The 
director shall create a sex offender compliance unit to be operated 
by the department.
	(b)  The sex offender compliance unit shall investigate and 
arrest individuals determined to have committed a sexually violent 
offense, as defined by Article 62.001, Code of Criminal Procedure.
	(c)  The legislature may appropriate funds to the department 
from the fugitive apprehension account for the purpose of paying 
the costs to the department of implementing this section.
	(d)  The department may adopt rules as necessary to implement 
this section.  

Added by Acts 1999, 76th Leg., ch. 150, § 1, eff. Sept. 1, 1999.  
Renumbered from § 411.0098 by Acts 2001, 77th Leg., ch. 1420, 
§ 21.001(39), eff. Sept. 1, 2001.  Amended by Acts 2005, 79th 
Leg., ch. 1008, § 2.08, eff. Sept. 1, 2005.


	§ 411.0095.  VEHICLE THEFT CHECKPOINTS AT BORDER 
CROSSING.  (a) The department may establish a program for the 
purpose of establishing border crossing checkpoints to prevent 
stolen vehicles, farm tractors or implements, construction 
equipment, aircraft, or watercraft from entering Mexico.
	(b)  A checkpoint may be established under Subsection (a) if 
the checkpoint is:
		(1)  located within 250 yards of a federally designated 
crossing facility located at or near the actual boundary between 
this state and Mexico;
		(2)  located on a public highway or street leading 
directly to an international border crossing;
		(3)  designed to stop only traffic bound for Mexico;  
and                   
		(4)  operated in such a manner as to stop only vehicles, 
tractors or implements, equipment, aircraft, or watercraft for 
which law enforcement authorities have probable cause to believe is 
stolen and bound for Mexico.
	(c)  The department may establish the border crossing 
checkpoint program in conjunction with local law enforcement 
authorities.  The department and local law enforcement authorities 
may share the cost of staffing the checkpoints.
	(d)  The department shall establish procedures governing the 
encounter between the driver and the peace officers operating the 
checkpoint that ensure that any intrusion on the driver is 
minimized and that the inquiries made are reasonably related to the 
purpose of the checkpoint.  A peace officer at the checkpoint may 
not direct a driver or a passenger in a motor vehicle to leave the 
vehicle or move the vehicle off the roadway unless the officer has 
reasonable suspicion or probable cause to believe that the person 
committed or is committing an offense.  However, a peace officer may 
require that each motor vehicle passing through the checkpoint be 
diverted to a location immediately adjacent to the roadway, if 
desirable, to ensure safety.
	(e)  In this section:                                                          
		(1)  "Motor vehicle" and "vehicle" have the meanings 
assigned to those terms by Section 541.201, Transportation Code.
		(2)  "Watercraft" has the meaning assigned by Section 
49.01, Penal Code.    

Added by Acts 1993, 73rd Leg., ch. 497, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1995, 74th Leg., ch. 184, § 1, eff. May 23, 1995;  
Acts 1997, 75th Leg., ch. 165, § 30.191, eff. Sept. 1, 1997;  
Acts 1999, 76th Leg., ch. 670, § 1, eff. Sept. 1, 1999.


	§ 411.0096. MEMORANDUM OF UNDERSTANDING WITH CRIMINAL 
JUSTICE DIVISION OF THE OFFICE OF THE GOVERNOR.  (a) The department 
and the office of the governor, criminal justice division, by rule 
shall adopt a joint memorandum of understanding on coordinating the 
drug law enforcement efforts of the department and the criminal 
justice division.
	(b)  The memorandum of understanding shall:                                    
		(1)  provide that the department shall advise the 
criminal justice division about the statewide drug policy planning 
efforts of the division;
		(2)  provide for representation by the department on 
any advisory board advising the governor about drug policy;
		(3)  require the criminal justice division and the 
department to define their respective roles relating to drug task 
forces;
		(4)  require the criminal justice division and the 
department to jointly determine the areas of law enforcement focus 
for drug task force efforts;  and
		(5)  require the criminal justice division and the 
department to jointly develop guidelines and procedures to govern 
drug task force operations that are funded by the state.
	(c)  The criminal justice division and the department shall 
update and revise the memorandum of understanding as necessary and 
by rule adopt all revisions to the memorandum.
	(d)  Expired.                                                                  

Added by Acts 1993, 73rd Leg., ch. 790, § 8, eff. Sept. 1, 1993.  
Renumbered from V.T.C.A., Government Code § 411.0095 by Acts 
1995, 74th Leg., ch. 76, § 17.01(13), eff Sept. 1, 1995;  Acts 
1995, 74th Leg., ch. 184, § 2, eff. May 23, 1995.


	§ 411.0097. MULTICOUNTY DRUG TASK FORCES.                                   

Text of section as added by Acts 2005, 79th Leg., ch. 556, § 3.
	(a)  The department shall establish policies and procedures 
for multicounty drug task forces, as defined by Section 362.001, 
Local Government Code, and may exercise the authority necessary to 
ensure compliance with those policies and procedures.
	(b)  The department shall evaluate each multicounty drug 
task force with respect to whether the task force:
		(1)  complies with state and federal requirements, 
including policies and procedures established by department rule;  
and
		(2)  demonstrates effective performance outcomes.                             
	(c)  The department shall submit semiannually to the 
governor's office and the Legislative Budget Board a report that 
includes a written evaluation of the matters described by 
Subsection (b).

Added by Acts 2005, 79th Leg., ch. 556, § 3, eff. Sept. 1, 2005.           

For text of section as added by Acts 2005, 79th Leg., ch. 693, § 
1, see § 411.0097, post.


	§ 411.0097. TRANSPORTATION AND INSPECTIONS MEETING WITH 
REPRESENTATIVES OF MEXICAN STATES.  

Text of section as added by Acts 2005, 79th Leg., ch. 693, § 1.
	(a)  The department shall initiate efforts to meet at least 
quarterly with the department's counterparts in the Mexican states 
bordering this state to discuss issues relating to truck 
inspections and transportation and infrastructure involved in 
truck inspections and transportation.
	(b)  To assist the department in carrying out this section, 
the department shall contact the border commerce coordinator 
designated under Section 772.010 and the mayors of each 
municipality in this state in which a port of entry for land traffic 
is located.
	(c)  At least one department representative participating in 
a meeting under Subsection (a) must be proficient in Spanish.
	(d)  The department, in conjunction with the border commerce 
coordinator, shall develop short-range and long-range plans, 
including recommendations to increase bilateral relations with 
Mexico and expedite trade by mitigating delays in border crossing 
inspections for northbound truck traffic.  In developing the plans, 
the department and coordinator shall consider information obtained 
from any meetings under Subsection (a).  The department shall 
update the plan biennially and submit the updated plan to the 
lieutenant governor, the speaker of the house of representatives, 
and each other member of the legislature on or before December 1 of 
each even-numbered year.

Added by Acts 2005, 79th Leg., ch. 693, § 1, eff. June 17, 2005.           

For text of section as added by Acts 2005, 79th Leg., ch. 556, § 
3, see § 411.0097, ante.


	§ 411.0098. COORDINATION WITH DEPARTMENT OF 
TRANSPORTATION.  (a) The department and the Texas Department of 
Transportation shall establish procedures to ensure effective 
coordination of the development of transportation infrastructure 
projects that affect both agencies.
	(b)  Procedures established under this section shall:                          
		(1)  allow each agency to provide comments and advice 
to the other agency on an ongoing basis regarding statewide 
transportation planning efforts that affect traffic law 
enforcement;
		(2)  define the role of each agency in transportation 
infrastructure efforts;  and
		(3)  require the department and the Texas Department of 
Transportation to develop a plan for applying for and using federal 
funds to address infrastructure needs that affect enforcement 
efforts.
	(c)  The department and the Texas Department of 
Transportation shall:        
		(1)  update and revise the procedures established under 
this section as necessary;  and
		(2)  file not later than January 15 of each 
odd-numbered year with the presiding officer of each house of the 
legislature a report that describes the procedures established 
under this section and their implementation.

Added by Acts 1999, 76th Leg., ch. 1189, § 7, eff. Sept. 1, 1999.          


	§ 411.0099. NEEDS ASSESSMENT FOR ENFORCEMENT OF 
COMMERCIAL MOTOR VEHICLE RULES.  (a) The department shall conduct a 
long-term needs assessment for the enforcement of commercial motor 
vehicle rules that considers at a minimum:
		(1)  the inventory of current facilities and equipment 
used for enforcement, including types of scales, structures, space, 
and other equipment;
		(2)  enforcement activity, including trend 
information, at fixed-site facilities;
		(3)  staffing levels and operating hours for each 
facility;  and            
		(4)  needed infrastructure improvements and the 
associated costs and projected increase in activity that would 
result from the improvements.
	(b)  The department shall submit a biennial report to the 
legislative committees with primary jurisdiction over state 
budgetary matters and the Texas Transportation Commission that 
reflects the results of the needs assessment conducted under 
Subsection (a).  The report shall be submitted to the legislature in 
conjunction with the department's legislative appropriations 
request.

Added by Acts 1999, 76th Leg., ch. 1189, § 7, eff. Sept. 1, 1999.          


	§ 411.010. ASSISTANCE OF STATE AGENCIES.  The attorney 
general, the Texas Department of Transportation, the Texas 
Department of Health, and all other departments of state government 
shall cooperate with the department in the execution of this 
chapter and the enforcement of state laws concerning public safety 
and crime prevention and detection.

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.  Amended 
by Acts 1995, 74th Leg., ch. 165, § 22(34), eff. Sept. 1, 1995.


	§ 411.011. ASSISTANCE OF STATE EDUCATIONAL 
INSTITUTIONS.  (a) The University of Texas and all other 
state-supported educational institutions shall:
		(1)  cooperate with the department in carrying out this 
chapter;            
		(2)  assist in the giving of instruction in the 
training schools conducted by the bureau of education;  and
		(3)  assist the bureau of identification and records in 
making necessary chemical tests and analyses and in making 
statistical analyses, charts, and reports of law enforcement and 
violations of law.
	(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.

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.                    


	§ 411.012. COMMAND BY GOVERNOR.  The governor may assume 
command and direct the activities of the commission and department 
during a public disaster, riot, insurrection, or formation of a 
dangerous resistance to enforcement of law, or to perform the 
governor's constitutional duty to enforce law.  The governor shall 
use the personnel of the Texas Highway Patrol only if the other 
personnel of the department are unable to cope with the emergency.

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.                    


	§ 411.013. EXPENDITURES, DONATIONS, AND 
APPROPRIATIONS.  (a) Repealed by Acts 1997, 75th Leg., ch. 1206, 
§ 28, eff. Sept. 1, 1997.
	(b)  The department may accept donations of money and other 
real or personal property from any individual, group, association, 
corporation, or governmental agency and may use those donations for 
any purpose designated by the donor that furthers the exercise of 
duties imposed by law on the department.
	(c)  Appropriations for the Texas Highway Patrol must be made 
from the state highway fund.
	(d)  The department shall file annually with the governor and 
the presiding officer of each house of the legislature a complete 
and detailed written report accounting for all funds received and 
disbursed by the commission during the preceding fiscal year.  The 
annual report must be in the form and reported in the time provided 
by the General Appropriations Act.

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.  Amended 
by Acts 1989, 71st Leg., ch. 4, § 2.21(a), eff. Sept. 1, 1989;  
Acts 1993, 73rd Leg., ch. 790, § 9, eff. Sept. 1, 1993;  Acts 
1997, 75th Leg., ch. 1206, § 28, eff. Sept. 1, 1997.


	§ 411.0131. USE OF SEIZED AND FORFEITED ASSETS.  (a) The 
commission by rule shall establish a process under which the 
commission approves all of the department's dispositions of assets 
seized or forfeited under state or federal law and received by or 
appropriated to the department.  The commission shall adopt rules 
under this section in accordance with Chapter 2001.  Before 
approving a disposition, the commission shall consider how the 
disposition supports priorities established in the department's 
strategic plan and whether the disposition complies with applicable 
federal guidelines.
	(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.  The report must include:
		(1)  a summary of receipts, dispositions, and fund 
balances for the fiscal year derived from both federal and state 
sources;
		(2)  regarding receipts, the court in which each case 
involving seized or forfeited assets was adjudicated, the nature 
and value of the assets, and the specific intended use of the 
assets;
		(3)  regarding dispositions, the departmental control 
number and category, the division making the request, the specific 
item and amount requested, the amount the commission approved, and 
the actual amount expended per item;  and
		(4)  regarding planned dispositions, a description of 
the broad categories of anticipated dispositions and how they 
relate to the department's strategic plan.
	(c)  The department shall, within 30 days after the end of 
each quarter, report and justify any dispositions of seized or 
forfeited assets during the quarter that:
		(1)  differ from the planned dispositions reported 
under Subsection (b);  and
		(2)  were used for a purpose not considered a priority 
in the department's strategic plan or not required by law or 
applicable federal guidelines.

Added by Acts 1999, 76th Leg., ch. 1189, § 7, eff. Sept. 1, 1999.          


	§ 411.0135. METHOD OF PAYMENT OF FEES AND CHARGES.  (a) 
The department may adopt rules regarding the method of payment of 
any fee or charge that is imposed or collected by the department.
	(b)  Rules adopted under Subsection (a) may authorize 
payment, under circumstances prescribed by the department:
		(1)  in person, by mail, by telephone, or over the 
Internet;                
		(2)  by means of electronic funds transfer;  or                               
		(3)  by means of a valid credit card issued by a 
financial institution chartered by a state or the federal 
government or by a nationally recognized credit organization 
approved by the department.
	(c)  The department by rule may require, in addition to the 
amount of the fee or charge, the payment of:
		(1)  a discount, convenience, or service charge for a 
payment transaction;  or
		(2)  a service charge in connection with the payment of 
a payment transaction that is dishonored or refused for lack of 
funds or insufficient funds.

Added by Acts 2001, 77th Leg., ch. 866, § 3, eff. Sept. 1, 2001.           


	§ 411.014. BUILDINGS AND EQUIPMENT.  (a) The state shall 
provide the necessary buildings, offices, and quarters for the 
department and its officers and employees in Austin and other 
places in the state where district headquarters are located.  The 
state shall provide furniture, fixtures, automobiles, motorcycles, 
horses, firearms, ammunition, uniforms, appliances, and other 
materials necessary to the proper functioning and operation of the 
department.
	(b)  The department's physical plant in Austin is under the 
department's control and management for the use and benefit of the 
state in the discharge of the official duties of the department.

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.                    


	§ 411.015. ORGANIZATION.  (a) Except as provided by 
Subsection (b), the designation by this chapter of certain 
divisions and division chiefs is not mandatory and this chapter 
does not prevent the commission from reorganization or 
consolidation within the department in the interest of more 
efficient and economical management and direction of the 
department.  The director, with the commission's approval, may 
organize and maintain within the department divisions of service 
considered necessary for the efficient conduct of the department's 
work.
	(b)  The number of divisions may not exceed the number of 
divisions existing on August 22, 1957.  The division relating to the 
Texas Rangers may not be abolished.

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.                    


	§ 411.016. SUPPLEMENTAL PAY.  (a) This section applies to 
an officer commissioned by the department who is not employed in a 
position that the director has declared to be administrative, 
executive, or professional.
	(b)  If, during a calendar week, the total number of hours 
worked by a commissioned officer plus the number of hours of leave 
taken for which the officer is entitled to compensation, including 
approved sick leave, vacation, holiday, holiday compensatory time, 
emergency leave, administrative leave, and jury duty, equal more 
than 40 hours, the excess is overtime.  For each calendar month, the 
overtime for each week ending during that month shall be totaled.  
If the total overtime for the month exceeds eight hours, the officer 
may receive, in addition to the officer's regular monthly salary, a 
supplement determined as follows:
		(1)  a commissioned officer who accumulates more than 
eight hours but less than 16 hours of overtime in a calendar month 
may receive five percent of the officer's regular monthly salary;
		(2)  a commissioned officer who accumulated 16 or more 
hours but less than 32 hours of overtime in a calendar month may 
receive 10 percent of the officer's regular monthly salary;  and
		(3)  a commissioned officer who accumulated 32 or more 
hours of overtime in a calendar month may receive 15 percent of the 
officer's regular monthly salary.
	(c)  The formula prescribed by Subsection (b) is the 
exclusive method of computing state compensation for overtime 
entitlements.  This section applies only to the computation of 
overtime entitlements and does not apply to the method of 
compensating a commissioned officer for working on regularly 
scheduled state holidays.
	(d)  A commissioned officer may receive a supplement paid by 
the federal government earned while working on a project funded by 
the federal government, and that supplement may not be considered 
in determining a commissioned officer's entitlement under this 
section.
	(e)  If the funds appropriated to the department to provide 
supplemental pay are insufficient to pay all earned overtime 
entitlements, the director may provide for compensatory time to be 
taken during the biennium in which the entitlements are earned.

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.                    


	§ 411.017. UNAUTHORIZED ACTS INVOLVING DEPARTMENT NAME, 
INSIGNIA, OR DIVISION NAME.  (a) A person commits an offense if, 
without the director's authorization, the person:
		(1)  manufactures, sells, or possesses a badge, 
identification card, or other item bearing a department insignia or 
an insignia deceptively similar to the department's;
		(2)  makes a copy or likeness of a badge, 
identification card, or department insignia, with intent to use or 
allow another to use the copy or likeness to produce an item bearing 
the department insignia or an insignia deceptively similar to the 
department's;  or
		(3)  uses the term "Texas Department of Public Safety," 
"Department of Public Safety," "Texas Ranger," or "Texas Highway 
Patrol" in connection with an object, with the intent to create the 
appearance that the object belongs to or is being used by the 
department.
	(b)  In this section, "department insignia" means an 
insignia or design prescribed by the director for use by officers 
and employees of the department in connection with their official 
activities.  An insignia is deceptively similar to the department's 
if it is not prescribed by the department but a reasonable person 
would presume that it was prescribed by the department.
	(c)  A district or county court, on application of the 
attorney general or of the district attorney or prosecuting 
attorney performing the duties of district attorney for the 
district in which the court is located, may enjoin a violation or 
threatened violation of this section on a showing that a violation 
has occurred or is likely to occur.
	(d)  It is an affirmative defense to a prosecution under this 
section that the object is used exclusively:
		(1)  for decorative purposes, maintained or preserved 
in a decorative state, and not offered for sale; or
		(2)  in an artistic or dramatic presentation, and 
before the use of the object the producer of the presentation 
notifies the director in writing of the intended use, the location 
where the use will occur, and the period during which the use will 
occur.
	(e)  An offense under this section is a Class A misdemeanor, 
unless the object is shipped by United States mail or by any type of 
commercial carrier from a point outside the State of Texas to a 
point inside the state if the shipper or his agent has been sent 
notification by registered United States mail of this section prior 
to the shipment, in which event the offense is a felony of the third 
degree.

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.  Amended 
by Acts 1989, 71st Leg., ch. 496, § 1, eff. Sept. 1, 1989.


	§ 411.0175. ACCIDENT REPORTS.  The department shall:                        
		(1)  tabulate and analyze the vehicle accident reports 
it receives;         
		(2)  annually or more frequently publish statistical 
information derived from the accident reports as to the number, 
cause, and location of highway accidents, including information 
regarding the number of accidents involving injury to, death of, or 
property damage to a bicyclist or pedestrian;  and
		(3)  provide an abstract of the statistical information 
for each preceding biennium to the governor and the legislature, 
with its conclusions and findings and recommendations for 
decreasing highway accidents and increasing highway safety.

Added by Acts 1995, 74th Leg., ch. 165, § 5, eff. Sept. 1, 1995.  
Amended by Acts 2001, 77th Leg., ch. 1085, § 2, eff. Sept. 1, 
2001.


	§ 411.018. HAZARDOUS MATERIALS.  (a) The director shall 
adopt rules relating to the reporting of all transportation 
incidents involving releases of reportable quantities of hazardous 
materials occurring on public roads or railroads that are not on a 
private industrial site.  The rules must be consistent with federal 
rules relating to hazardous materials adopted under federal law.  
The director may adopt all or part of the federal hazardous 
materials rules by reference.
	(b)  The department by rule shall require that all carriers 
of hazardous materials report all incidents involving a release of 
reportable quantities of hazardous materials to the department.
	(c)  The department shall serve as the central repository of 
statistical information relating to incidents involving release of 
hazardous materials.
	(d)  The department is responsible for the on-site 
coordination of all hazardous materials transportation 
emergencies.  The director shall adopt necessary rules to implement 
this subsection.

Added by Acts 1989, 71st Leg., ch. 4, § 2.22(a), eff. Sept. 1, 
1989.     


	§ 411.019. TOLL-FREE NUMBER.  (a) The department shall 
provide a 24-hour toll-free telephone number for use by the public 
in reporting traffic offenses, including driving while 
intoxicated, suspected criminal activity, and traffic accidents 
and other emergencies.
	(b)  On receiving a report of an offense, the department 
shall contact the law enforcement agency of the jurisdiction where 
the reported suspected driver or incident was observed or shall 
dispatch department officers.

Added by Acts 1989, 71st Leg., ch. 1251, § 1, eff. June 16, 1989.          


	§ 411.0195. PUBLIC COMPLAINTS.  (a) The department shall 
prepare information of public interest describing the functions of 
the department and the department's procedures by which complaints 
are filed with and resolved by the department.  The department shall 
make the information available to the public and appropriate state 
agencies.
	(b)  The director by rule shall establish methods by which 
consumers and service recipients are notified of the name, mailing 
address, and telephone number of the department for the purpose of 
directing complaints to the department.
	(c)  The department shall maintain a file on each written 
complaint filed with the department.  The file must include:
		(1)  the name of the person who filed the complaint;                          
		(2)  the date the complaint is received by the 
department;                  
		(3)  the subject matter of the complaint;                                     
		(4)  the name of each person contacted in relation to 
the complaint;        
		(5)  a summary of the results of the review or 
investigation of the complaint;  and
		(6)  an explanation of the reason the file was closed, 
if the agency closed the file without taking action other than to 
investigate the complaint.
	(d)  The department shall provide to the person filing the 
complaint and to each person who is a subject of the complaint a 
copy of the department's policies and procedures relating to 
complaint investigation and resolution.
	(e)  The department, at least quarterly until final 
disposition of the complaint, shall notify the person filing the 
complaint and each person who is a subject of the complaint of the 
status of the investigation unless the notice would jeopardize an 
undercover investigation.

Added by Acts 1993, 73rd Leg., ch. 790, § 10, eff. Sept. 1, 1993.  
Amended by Acts 1999, 76th Leg., ch. 1189, § 8, eff. Sept. 1, 
1999.


	§ 411.0196. ACCESS TO PROGRAMS.  The department shall 
prepare and maintain a written plan that describes how a person who 
does not speak English or who has a physical, mental, or 
developmental disability can be provided reasonable access to the 
department's programs.

Added by Acts 1993, 73rd Leg., ch. 790, § 10, eff. Sept. 1, 1993.          


	§ 411.0197. ADVISORY OVERSIGHT COMMUNITY OUTREACH 
COMMITTEE.  (a) The commission shall establish an Advisory 
Oversight Community Outreach Committee in the department and may 
adopt rules for the implementation and operation of the committee.  
The committee shall meet at the times and places specified by 
commission rule or at the call of the presiding officer or any two 
members.
	(b)  The commission shall appoint the members of the 
committee, which must include border crossing bridge owners, 
persons serving in the capacity of director of entities governing 
ports of entry, community leaders, planning developers, mayors, or 
persons designated by mayors, of the major municipalities in the 
area of the border of this state and the United Mexican States, 
representatives of law enforcement agencies, and representatives 
of the general public.
	(c)  The commission shall designate the presiding officer of 
the committee from among the committee's members.  The presiding 
officer serves at the will of the commission.
	(d)  The committee shall:                                                      
		(1)  document to the commission trade-related 
incidents involving department personnel;
		(2)  develop recommendations and strategies to improve 
community relations, department personnel conduct, and the truck 
inspection process at this state's ports of entry;  and
		(3)  act as ombudsman between the department and the 
communities located and residents residing in the area of the 
border of this state and the United Mexican States and between the 
department and the department's personnel.
	(e)  In determining action to be taken on the information and 
recommendations received from the committee, the commission shall 
consider the importance of trade with the United Mexican States, 
the safety of the traveling public, preservation of the highway 
system, applicable federal laws and regulations, and the concerns 
expressed by communities.
	(f)  Not later than January 1 of each odd-numbered year the 
commission shall submit to the lieutenant governor, speaker of the 
house of representatives, and each other member of the legislature 
a report documenting the committee's recommendations and comments, 
incident reports received by the committee, and the actions taken 
by the commission and department to address those matters.

Added by Acts 2005, 79th Leg., ch. 1215, § 1, eff. Sept. 1, 2005.          


	§ 411.020. PURCHASE OF FIREARM FROM DEPARTMENT BY 
OFFICER.  (a) A commissioned officer of the department may purchase 
for an amount set by the department, not to exceed fair market 
value, a firearm issued to the officer by the department if the 
firearm is not listed as a prohibited weapon under Section 46.05, 
Penal Code, and if the firearm is retired by the department for 
replacement purposes.
	(b)  The department may adopt rules for the sale of a retired 
firearm to an officer of the department.

Added by Acts 1991, 72nd Leg., ch. 37, § 1, eff. April 19, 1991.  
Amended by Acts 1995, 74th Leg., ch. 76, § 14.35, eff. Sept. 1, 
1995.


	§ 411.0201. 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 and any record 
of any division of the department.
	(b)  None of the following may be photographed or filmed to 
dispose of the original record:
		(1)  an original fingerprint card;                                            
		(2)  any evidence submitted in connection with a 
criminal case;  or         
		(3)  a confession or statement made by the defendant in 
a criminal case.    
	(c)  The department may create original records in 
micrographic form on media, such as computer output microfilm.
	(d)  A photograph, microphotograph, or film of a record 
reproduced under Subsection (a) is equivalent to the original 
record for all purposes, including introduction as evidence in all 
courts and administrative agency proceedings.  A certified or 
authenticated copy of such a photograph, microphotograph, or film 
is admissible as evidence equally with the original photograph, 
microphotograph, or film.
	(e)  The director or an authorized representative may 
certify the authenticity of a photograph, microphotograph, or film 
of a record reproduced under this section and shall charge a fee for 
the certified photograph, microphotograph, or film as provided by 
law.
	(f)  Certified records shall be furnished to any person who 
is authorized by law to receive them.

Added by Acts 1995, 74th Leg., ch. 165, § 6, eff. Sept. 1, 1995.  
Amended by Acts 1997, 75th Leg., ch. 1187, § 3, eff. Sept. 1, 
1997.


	§ 411.0202. DISPOSAL OF RECORDS.  (a) Unless otherwise 
required by law and subject to Chapter 441, the department may 
dispose of or destroy records that the department determines are 
not required for the performance of the department's duties and 
functions.
	(b)  The department may dispose of or destroy a defendant's 
original fingerprint card if:
		(1)  the department has on file and retains another 
original fingerprint card for the defendant;  or
		(2)  the defendant has attained the age of 80.                                

Added by Acts 1995, 74th Leg., ch. 165, § 7, eff. Sept. 1, 1995.           


	§ 411.0205. CRIME LABORATORY ACCREDITATION PROCESS.  (a) 
In this section, "crime laboratory," "forensic analysis," and 
"physical evidence" have the meanings assigned by Article 38.35, 
Code of Criminal Procedure.
	(b)  The director by rule:                                                     
		(1)  shall establish an accreditation process for crime 
laboratories and other entities conducting forensic analyses of 
physical evidence for use in criminal proceedings;  and
		(2)  may modify or remove a crime laboratory exemption 
under this section if the director determines that the underlying 
reason for exemption no longer applies.
	(b-1)  As part of the accreditation process established and 
implemented under Subsection (b), the director may:
		(1)  establish minimum standards that relate to the 
timely production of a forensic analysis to the agency requesting 
the analysis and that are consistent with this article and code;
		(2)  validate or approve specific forensic methods or 
methodologies;  and   
		(3)  establish procedures, policies, and practices to 
improve the quality of forensic analyses conducted in this state.
	(b-2)  The director may require that a laboratory, facility, 
or entity required to be accredited under this section pay any costs 
incurred to ensure compliance with the accreditation process.
	(c)  The director by rule may exempt from the accreditation 
process established under Subsection (b) a crime laboratory 
conducting a forensic analysis or a type of analysis, examination, 
or test if the director determines that:
		(1)  independent accreditation is unavailable or 
inappropriate for the laboratory or the type of analysis, 
examination, or test performed by the laboratory;
		(2)  the type of analysis, examination, or test 
performed by the laboratory is admissible under a well-established 
rule of evidence or a statute other than Article 38.35, Code of 
Criminal Procedure;
		(3)  the type of analysis, examination, or test 
performed by the laboratory is routinely conducted outside of a 
crime laboratory by a person other than an employee of the crime 
laboratory;  or
		(4)  the laboratory:                                                          
			(A)  is located outside this state or, if located 
in this state, is operated by a governmental entity other than the 
state or a political subdivision of the state;  and
			(B)  was accredited at the time of the analysis 
under an accreditation process with standards that meet or exceed 
the relevant standards of the process established by the director 
under Subsection (b).
	(d)  The director may at any reasonable time enter and 
inspect the premises or audit the records, reports, procedures, or 
other quality assurance matters of a crime laboratory that is 
accredited or seeking accreditation under this section.
	(e)  The director may collect costs incurred under this 
section for accrediting, inspecting, or auditing a crime 
laboratory.
	(f)  If the director provides a copy of an audit or other 
report made under this section, the director may charge $6 for the 
copy, in addition to any other cost permitted under Chapter 552 or a 
rule adopted under that chapter.
	(g)  Funds 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 may be 
used only to defray the cost of administering this section or 
Subchapter G.

Added by Acts 2003, 78th Leg., ch. 698, § 4, eff. June 20, 2003.  
Amended by Acts 2005, 79th Leg., ch. 1224, § 3, eff. Sept. 1, 
2005.

SUBCHAPTER B. TEXAS RANGERS


	§ 411.021. COMPOSITION.  The Texas Rangers are a major 
division of the department consisting of the number of rangers 
authorized by the legislature. The highest ranking officer of the 
Texas Rangers is responsible to and reports directly to the 
director.  Officers are entitled to compensation as provided by the 
legislature.

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.  Amended 
by Acts 1993, 73rd Leg., ch. 790, § 11, eff. Sept. 1, 1993.


	§ 411.022. AUTHORITY OF OFFICERS.  (a) An officer of the 
Texas Rangers is governed by the law regulating and defining the 
powers and duties of sheriffs performing similar duties, except 
that the officer may make arrests, execute process in a criminal 
case in any county and, if specially directed by the judge of a 
court of record, execute process in a civil case.
	(b)  An officer of the Texas Rangers who arrests a person 
charged with a criminal offense shall immediately convey the person 
to the proper officer of the county where the person is charged and 
shall obtain a receipt.  The state shall pay all necessary expenses 
incurred under this subsection.

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.                    


	§ 411.0221. QUALIFICATIONS.  (a) To be commissioned as an 
officer of the Texas Rangers, a person must:
		(1)  have at least eight years of experience as a 
full-time, paid peace officer, including at least four years of 
experience in the department;  and
		(2)  be a commissioned member of the department.                              
	(b)  The Texas Rangers is an equal employment opportunity 
employer;  all personnel decisions shall be made without regard to 
race, color, sex, national origin, or religion.

Added by Acts 1993, 73rd Leg., ch. 790, § 12, eff. Sept. 1, 1993.          


	§ 411.0222. ELIGIBILITY FOR PROMOTION.  Except as 
provided by Section 411.0223, an officer of the Texas Rangers is 
eligible for promotion only if the officer has served in the next 
lower position for at least two years before the date of promotion.

Added by Acts 1993, 73rd Leg., ch. 790, § 12, eff. Sept. 1, 1993.          


	§ 411.0223. APPOINTMENT OF HIGHEST-RANKING 
OFFICERS.  (a) Except as provided by Subsection (c), an officer is 
eligible for appointment by the director to the highest rank of the 
Texas Rangers only if the officer has at least five years of 
supervisory experience as a commissioned member of the Texas 
Rangers.
	(b)  Except as provided by Subsection (c), an officer is 
eligible for appointment by the director to the second highest rank 
of the Texas Rangers only if the officer has at least four years of 
supervisory experience as a commissioned member of the Texas 
Rangers.
	(c)  If there are less than two qualified officers for 
appointment to the highest rank or the second highest rank of the 
Texas Rangers, the director may appoint an officer to the highest 
rank or the second highest rank only if the officer has at least two 
years of supervisory experience as a commissioned member of the 
Texas Rangers.

Added by Acts 1993, 73rd Leg., ch. 790, § 12, eff. Sept. 1, 1993.          


	§ 411.023. SPECIAL RANGERS.  (a) The commission may 
appoint as special rangers honorably retired commissioned officers 
of the department and not more than 300 other persons.
	(b)  A special ranger is subject to the orders of the 
commission and the governor for special duty to the same extent as 
other law enforcement officers provided for by this chapter, except 
that a special ranger may not enforce a law except one designed to 
protect life and property and may not enforce a law regulating the 
use of a state highway by a motor vehicle.  A special ranger is not 
connected with a ranger company or uniformed unit of the 
department.
	(c)  Before issuance of a commission to a special ranger the 
person shall enter into a good and sufficient bond executed by a 
surety company authorized to do business in the state in the amount 
of $2,500, approved by the director, and indemnifying all persons 
against damages resulting from an unlawful act of the special 
ranger.
	(d)  A special ranger is not entitled to compensation from 
the state for service as a special ranger.
	(e)  A special ranger commission expires January 1 of the 
first odd-numbered year after appointment.  The director may revoke 
a special ranger commission at any time for cause.
	(f)  The commission shall authorize a badge for persons 
appointed as special rangers under this section that is distinct in 
appearance from the badge authorized for special Texas Rangers 
under Section 411.024 and from any badge issued to a Texas Ranger.

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.  Amended 
by Acts 1999, 76th Leg., ch. 1189, § 9, eff. Sept. 1, 1999.


	§ 411.024. SPECIAL TEXAS RANGERS.  (a) The commission may 
appoint as a special Texas Ranger an honorably retired or retiring 
commissioned officer of the department whose position immediately 
preceding retirement is an officer of the Texas Rangers.
	(b)  A special Texas Ranger is subject to the orders of the 
commission and the governor for special duty to the same extent as 
other law enforcement officers provided for by this chapter, except 
that a special Texas Ranger may not enforce a law except one 
designed to protect life and property and may not enforce a law 
regulating the use of a state highway by a motor vehicle.  A special 
Texas Ranger is not connected with a ranger company or uniformed 
unit of the department.
	(c)  Before issuance of a commission to a special Texas 
Ranger the person shall enter into a good and sufficient bond 
executed by a surety company authorized to do business in the state 
in the amount of $2,500, approved by the director, and indemnifying 
all persons against damages resulting from an unlawful act of the 
special Texas Ranger.
	(d)  A special Texas Ranger is not entitled to compensation 
from the state for service as a special Texas Ranger.
	(e)  A special Texas Ranger commission expires January 1 of 
the first odd-numbered year after appointment.  The commission may 
revoke the commission of a special Texas Ranger who commits a 
violation of a rule of the department for which an active officer of 
the Texas Rangers would be discharged.
	(f)  The commission shall authorize a badge for persons 
appointed as special Texas Rangers under this section that is 
distinct in appearance from the badge authorized for special 
rangers under Section 411.023.

Added by Acts 1999, 76th Leg., ch. 1189, § 10, eff. Sept. 1, 
1999.       

SUBCHAPTER C. TEXAS HIGHWAY PATROL


	§ 411.031. COMPOSITION.  The Texas Highway Patrol is a 
division of the department consisting of the chief patrol officer, 
the number of captains, sergeants, and privates authorized by the 
legislature, and administrative and clerical help as the commission 
determines.  A person's literary attainment does not preclude the 
person's appointment as a private if the person is otherwise 
qualified.  The chief patrol officer is the executive officer of the 
patrol.  Officers are entitled to compensation as provided by the 
legislature.

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.                    


	§ 411.032. POWERS AND DUTIES OF OFFICERS.  In addition to 
the powers and duties provided by law for the officers, 
noncommissioned officers, and enlisted persons of the Texas Highway 
Patrol, they have the powers and authority provided by law for 
members of the Texas Rangers force.

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.                    

SUBCHAPTER D. ADMINISTRATIVE DIVISION


	§ 411.041. COMPOSITION.  The administrative division of 
the department consists of the bureaus of identification and 
records, communications, intelligence, and training.  The 
director, with the advice and consent of the commission, shall 
employ chiefs, experts, operators, instructors, and assistants as 
necessary for the operation of this division and its bureaus.

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.                    


	§ 411.042. BUREAU OF IDENTIFICATION AND RECORDS.  (a) The 
director shall appoint, with the advice and consent of the 
commission, a chief of the bureau of identification and records to 
be the executive officer of the bureau.  The chief and at least one 
assistant must be recognized identification experts with at least 
three years' actual experience.
	(b)  The bureau of identification and records shall:                           
		(1)  procure and file for record photographs, pictures, 
descriptions, fingerprints, measurements, and other pertinent 
information of all persons arrested for or charged with a criminal 
offense or convicted of a criminal offense, regardless of whether 
the conviction is probated;
		(2)  collect information concerning the number and 
nature of offenses reported or known to have been committed in the 
state and the legal steps taken in connection with the offenses, and 
other information useful in the study of crime and the 
administration of justice, including a statistical breakdown of 
those offenses in which family violence was involved;
		(3)  make ballistic tests of bullets and firearms and 
chemical analyses of bloodstains, cloth, materials, and other 
substances for law enforcement officers of the state;
		(4)  cooperate with identification and crime records 
bureaus in other states and the United States Department of 
Justice;
		(5)  maintain a list of all previous background checks 
for applicants for any position regulated under Chapter 1702, 
Occupations Code, who have undergone a criminal history background 
check under Section 411.119, if the check indicates a Class B 
misdemeanor or equivalent offense or a greater offense;  and
		(6)  collect information concerning the number and 
nature of protective orders and all other pertinent information 
about all persons on active protective orders.  Information in the 
law enforcement information system relating to an active protective 
order shall include:
			(A)  the name, sex, race, date of birth, personal 
descriptors, address, and county of residence of the person to whom 
the order is directed;
			(B)  any known identifying number of the person to 
whom the order is directed, including the person's social security 
number or driver's license number;
			(C)  the name and county of residence of the 
person protected by the order;
			(D)  the residence address and place of employment 
or business of the person protected by the order, unless that 
information is excluded from the order under Section 85.007, Family 
Code;
			(E)  the child-care facility or school where a 
child protected by the order normally resides or which the child 
normally attends, unless that information is excluded from the 
order under Section 85.007, Family Code;
			(F)  the relationship or former relationship 
between the person who is protected by the order and the person to 
whom the order is directed;  and
			(G)  the date the order expires.                                             
	(c)  The bureau chief shall offer assistance and, if 
practicable, instruction to sheriffs, chiefs of police, and other 
peace officers in establishing efficient local bureaus of 
identification in their districts.
	(d)  The department may charge each person and charge each 
entity or agency that is not primarily a criminal justice agency a 
fee for processing inquiries for information that is not criminal 
history record information regarding a person.  A person, entity, 
or agency that receives information must be entitled to receive the 
information under state or federal statutes, rules, regulations, or 
case law.  The department may charge actual costs for processing all 
inquiries under this section.
	(e)  The department shall deposit all fees collected under 
this section in the operators and chauffeurs license fund.
	(f)  The department may keep any record or other information 
submitted to the department under this section, unless otherwise 
prohibited by law.
	(g)  The department may adopt reasonable rules under this 
section relating to:
		(1)  law enforcement information systems maintained by 
the department;      
		(2)  the collection, maintenance, and correction of 
records;                
		(3)  reports of criminal history information submitted 
to the department;  and
		(4)  active protective orders issued under Chapter 71, 
Family Code, and reporting procedures that ensure that information 
relating to the issuance of an active protective order and to the 
dismissal of an active protective order is reported to the local law 
enforcement agency at the time of the order's issuance or dismissal 
and entered by the local law enforcement agency in the state's law 
enforcement information system.

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.  Amended 
by Acts 1989, 71st Leg., ch. 490, § 1, eff. Sept. 1, 1989;  Acts 
1989, 71st Leg., ch. 1225, § 2, eff. Sept. 1, 1989;  Acts 1991, 
72nd Leg., 1st C.S., ch. 5, § 5.01, eff. Sept. 1, 1991;  Acts 
1991, 72nd Leg., 2nd C.S., ch. 10, § 7.03, 7.04, eff. Dec. 1, 
1991;  Acts 1993, 73rd Leg., ch. 790, § 13, eff. Sept. 1, 1993;  
Acts 1995, 74th Leg., ch. 324, § 2, 3, eff. Sept. 1, 1995;  Acts 
1999, 76th Leg., ch. 974, § 38, eff. Sept. 1, 1999;  Acts 2001, 
77th Leg., ch. 1420, § 14.751, eff. Sept. 1, 2001.


	§ 411.0421. INFORMATION REGARDING FRAUDULENT USE OF 
IDENTIFICATION.  (a) The department shall create a record of each 
individual who:
		(1)  in conjunction with the attorney representing the 
state in the prosecution of felonies in the county in which the 
individual resides and the sheriff of that county or, if the 
individual is not a resident of a county in this state, the attorney 
and sheriff in a county that the individual frequents, signs a 
declaration that the individual's identity has been used by another 
person to frustrate proper law enforcement without the individual's 
consent;  and
		(2)  files that declaration with the department.                              
	(b)  A declaration filed under this section must include:                      
		(1)  the individual's name, social security number, 
driver's license number, date of birth, and other identifying data 
requested by the department;
		(2)  a statement that the individual's name, social 
security number, driver's license number, date of birth, or other 
data has been used by another person to frustrate proper law 
enforcement;  and
		(3)  a name, word, number, letter, or combination of 30 
or fewer characters designated by the individual as a unique 
password to verify the individual's identity.
	(c)  On receipt of a declaration under this section, the 
department shall create a record of the individual's identity, 
including a record of the individual's unique password, in the 
criminal history record information maintained by the department 
under Subchapter F.  The department shall ensure that this record, 
including the unique password, is available online to any entity 
authorized to receive information from the department under 
Subchapter F.

Added by Acts 1999, 76th Leg., ch. 1334, § 1, eff. Sept. 1, 1999.  
Amended by Acts 2001, 77th Leg., ch. 945, § 4, eff. June 14, 
2001.


	§ 411.043. BUREAU OF COMMUNICATIONS.  (a) The director, 
with the advice and consent of the commission, shall appoint the 
chief of the bureau of communications.
	(b)  The bureau of communications shall:                                       
		(1)  provide for the rapid exchange between law 
enforcement agencies of the state, counties, municipalities, other 
states, and the federal government of information concerning the 
commission of crimes and the detection of violators of the law;  and
		(2)  establish and operate, in coordination with state, 
county, and municipal law enforcement agencies, a state roads 
blockade system.
	(c)  If funds are provided, the bureau of communications may 
install and operate a police radio broadcasting system for 
broadcasting information concerning the activities of violators of 
the law and for directing the activities and functions of the law 
enforcement agencies of the state, counties, and municipalities.  
The bureau shall cooperate with county and municipal police 
authorities and police radio stations in this state and other 
states.

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.                    


	§ 411.044. BUREAU OF INTELLIGENCE.  (a) The director, 
with the advice and consent of the commission, shall appoint the 
chief of the bureau of intelligence.
	(b)  The bureau of intelligence shall:                                         
		(1)  accumulate and analyze, with the aid of the other 
department divisions and bureaus, information of crime activities 
in the state and make the information available for use of the 
department and county and municipal law enforcement agencies;  and
		(2)  aid in the detection and apprehension of violators 
of the law.         

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.                    


	§ 411.045. BUREAU OF TRAINING.  (a) The director, with 
the advice and consent of the commission, shall appoint the chief of 
the bureau of training.  The chief must have substantial experience 
in law enforcement and in instruction of law enforcement officers.
	(b)  The bureau of training shall:                                             
		(1)  establish and operate schools for training 
department personnel in their duties and functions;
		(2)  establish and operate schools for training county 
and municipal police officers who are selected to attend the 
schools by the authorities of the law enforcement agencies that 
employ them;  and
		(3)  establish and carry out a comprehensive plan for 
the education of citizens of this state in matters of public safety 
and crime prevention and detection.
	(c)  The chief of the bureau of training shall organize 
schools for department members and other peace officers and give 
instruction in the schools.
	(d)  The adjutant general shall provide, for use of the 
bureau of training in conducting its training schools, suitable 
buildings, land, and state-owned equipment at Camp Mabry in Austin.

Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987.                    


	§ 411.046. HATE CRIME REPORTING.  (a) The bureau of 
identification and records shall establish and maintain a central 
repository for the collection and analysis of information relating 
to crimes that are motivated by prejudice, hatred, or advocacy of 
violence, including, but not limited to, incidents for which 
statistics are or were kept under Public Law No. 101-275, as that 
law existed on July 3, 1996.  On establishing the repository, the 
department shall develop a procedure to monitor, record, classify, 
and analyze information relating to incidents directed against 
persons and property that are apparently motivated by the factors 
listed in this subsection.
	(b)  Local law enforcement agencies shall report offenses 
described by Subsection (a) in the form and manner and at regular 
intervals as prescribed by rules adopted by the department.  The 
department shall summarize and analyze information received under 
this subsection and file an annual report with the governor and 
legislature containing the summary and analysis.
	(c)  The department shall make information, records, and 
statistics collected under this section available to any local 
enforcement agency, political subdivision, or state agency to the 
extent the information is reasonably necessary or useful to the 
agency or subdivision in carrying out duties imposed by law on the 
agency or subdivision.  This subsection may not be construed to 
limit access to information, records, or statistics which access if 
permitted by other law.  Dissemination of the names of defendants 
and victims is subject to all confidentiality requirements 
otherwise imposed by law.

Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, § 21A.01, eff. 
Oct. 1, 1991.  Amended by Acts 1999, 76th Leg., ch. 1189, § 11, 
eff. Sept. 1, 1999.


	§ 411.047. REPORTING RELATED TO CONCEALED HANDGUN 
INCIDENTS.  (a) The department may maintain statistics on its 
website related to responses by law enforcement agencies to 
incidents in which a person licensed to carry a handgun under 
Subchapter H  is convicted of an offense only if the offense is 
prohibited under Subchapter H or under Title 5, Chapter 29, Chapter 
46, or Section 30.02, Penal Code.
	(b)  Such statistics shall be drawn and reported annually 
from the Department of Public Safety computerized criminal history 
file on persons 21 years of age and older and shall be compared in 
numerical and graphical format to all like offenses committed in 
the state for the reporting period as a percentage of the total of 
such reported offenses.
	(c)  The department by rule shall adopt procedures for local 
law enforcement to make reports to the department described by 
Subsection (a).

Added by Acts 1995, 74th Leg., ch. 229, § 6, eff. Sept. 1, 1995.  
Amended by Acts 1997, 75th Leg., ch. 165, § 10.06, eff. Sept. 1, 
1997;  Acts 1999, 76th Leg., ch. 1189, § 12, eff. Sept. 1, 1999;  
Acts 2001, 77th Leg., ch. 1146, § 1, eff. Sept. 1, 2001.


	§ 411.048. THREATS AGAINST PEACE OFFICERS AND DETENTION 
OFFICERS.  (a) In this section:
		(1)  "Criminal justice agency" has the meaning assigned 
by Article 60.01, Code of Criminal Procedure.
		(2)  "Peace officer" has the meaning assigned by 
Section 1.07, Penal Code.  
		(3)  "Detention officer" means a person who is employed 
to ensure the safekeeping of prisoners and the security of a 
municipal or county jail.
	(b)  The bureau of identification and records shall 
establish and maintain a central index in the law enforcement 
information system maintained by the department to:
		(1)  collect and disseminate information relating to an 
individual's expression of intent to inflict serious bodily injury 
or death on a peace officer or detention officer;  and
		(2)  alert a peace officer or detention officer of an 
expression of intent to inflict serious bodily injury or death on 
the officer.
	(c)  A criminal justice agency, after making each 
determination required under Subsection (d), shall immediately 
enter into the information system an electronic report of an 
individual who expresses an intent to inflict serious bodily injury 
or death on a peace officer or detention officer.  The agency shall 
enter the information in the form and manner provided by rules 
adopted by the director.
	(d)  Before entering information collected under this 
section into the information system, a criminal justice agency must 
determine that the report described by Subsection (c):
		(1)  is not from an anonymous source;  and                                    
		(2)  consists of an expression of intent to inflict 
serious bodily injury or death on a peace officer or detention 
officer.
	(e)  On proper inquiry into the information system, the 
department shall disseminate information collected under this 
section to a criminal justice agency as reasonably necessary to 
protect the safety of a peace officer or detention officer.  The 
criminal justice agency may use information disseminated under this 
subsection in the manner provided by rules adopted by the director.
	(f)  The department shall promptly respond to a request to 
disclose information collected under this section by an individual 
who is the subject of the information.
	(g)  An individual who is the subject of information 
collected under this section may request that the director, the 
director's designee, or a court review the information to determine 
whether the information complies with rules adopted by the 
director.  The review shall be conducted using the same procedure 
for reviewing criminal information collected under Chapter 61, Code 
of Criminal Procedure.
	(h)  A peace officer, detention officer, or criminal justice 
agency is not liable for an act or omission relating to the 
collection, use, or dissemination of information collected under 
this section in accordance with rules adopted by the director.
	(i)  The director may adopt rules to implement and enforce 
this section.  Any rule adopted by the director under this section 
must comply with the provisions of the Code of Federal Regulations, 
Title 28, Part 23, as it applies to criminal intelligence systems.

Added by Acts 2001, 77th Leg., ch. 474, § 3, eff. Sept. 1, 2001.  
Amended by Acts 2005, 79th Leg., ch. 557, § 1, 2, eff. Sept. 1, 
2005.


	§ 411.050. CRIME STATISTIC MAPPING.  The department, in 
conjunction with Texas State University--San Marcos, may annually 
produce maps of the state that include information regarding crime 
statistics correlated with the various regions of the state.

Added by Acts 1999, 76th Leg., ch. 1189, § 13, eff. Sept. 1, 
1999.  Amended by Acts 2003, 78th Leg., ch. 386, § 10, eff. Sept. 
1, 2003.


	§ 411.051. ANALYSIS OF INFORMATION IDENTIFYING PERSONS 
COMMITTING OR SUSPECTED OF COMMITTING CERTAIN PROPERTY OFFENSES 
AGAINST ELDERLY INDIVIDUALS.  (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.
	(b)  For purposes of this section, the victim's status as an 
elderly individual is determined according to the victim's age at 
the time of the offense.
	(c)  A law enforcement agency that investigates an offense 
described by Subsection (a) shall report the investigation to the 
department in the form and manner and at regular intervals as 
prescribed by rules adopted by the department.  The rules must 
require submission of the original investigative report and any 
supplemental investigative report containing new, significant 
information.
	(d)  To identify a person committing or suspected of 
committing an offense described by Subsection (a) or a victim of an 
offense described by that subsection, the department shall analyze 
information received under this section and any other corresponding 
information possessed by the department.
	(e)  The department shall make the analysis required by this 
section available to any local law enforcement agency, political 
subdivision, or state agency to the extent the analysis is 
reasonably necessary or useful to the agency or subdivision in 
carrying out duties imposed by law on the agency or subdivision.  
This subsection may not be construed to enable direct access by a 
person to information analyzed by the department under this section 
if the person does not otherwise have direct access to that 
information.  Dissemination of the analysis required by this 
section is subject to all confidentiality requirements imposed by 
other law.

Added by Acts 2001, 77th Leg., ch. 789, § 1, eff. Sept. 1, 2001.           

SUBCHAPTER E. CAPITOL COMPLEX


	§ 411.061. DEFINITION.  (a) In this subchapter, "Capitol 
Complex" means the following property that is located in Austin, 
Texas, to the extent the property is owned by or under the control 
of the state:
		(1)  the area bounded on the north by the inside curb of 
Martin Luther King, Jr., Boulevard, on the east by the outside curb 
of Trinity Street, on the south by the outside curb of 10th Street, 
and on the west by the outside curb of Lavaca Street;
		(2)  the William P. Clements State Office Building 
located at 300 West 15th Street;  and
		(3)  other locations under the jurisdiction of the 
capitol police district as may be approved by the director.
	(b)  The provisions of this subchapter do not apply to the 
property or parking facility under the management and control of 
the Texas Employment Commission and located within the bounds set 
forth in Subsection (a).

Added by Acts 1993, 73rd Leg., ch. 790, § 14, eff. Sept. 1, 1993.  
Amended by Acts 1997, 75th Leg., ch. 270, § 3, eff. May 26, 1997.


	§ 411.062. LAW ENFORCEMENT AND SECURITY AUTHORITY.  (a) 
The department has primary responsibility for law enforcement and 
security services on the Capitol Complex.
	(b)  Subsection (a) does not prohibit the department from 
requesting or receiving assistance from another law enforcement 
agency.
	(c)  This section does not prohibit a peace officer who is 
not a member of the department from exercising the officer's 
authority on the Capitol Complex in an emergency or in a situation 
where the officer reasonably believes that immediate action is 
necessary.
	(d)  The department shall adopt rules relating to security of 
persons and access to and protection of the grounds, public 
buildings, and property of the state within the Capitol Complex, 
except that public use of the capitol, the capitol extension, the 
capitol grounds, and the General Land Office building shall be 
governed by the State Preservation Board.
	(e)  The department may enforce the rules of the State 
Preservation Board, adopted under Section 443.018.
	(f)  The department and the City of Austin shall execute an 
interlocal cooperation agreement that defines the respective 
responsibilities of the department and the city for traffic and 
parking enforcement and general security in the Capitol Complex, 
including private property within the boundaries of the complex.
	(g)  The commission may authorize the director to impose 
within the Capitol Complex measures the director determines to be 
necessary to protect the safety and security of persons and 
property within the complex.

Added by Acts 1993, 73rd Leg., ch. 790, § 14, eff. Sept. 1, 1993.  
Amended by Acts 1997, 75th Leg., ch. 270, § 4, eff. May 26, 1997.


	§ 411.063. RULES RELATING TO PARKING AND VEHICLES.  (a) 
The State Preservation Board shall adopt rules for the safe 
movement and the parking of vehicles in the Capitol Complex.  The 
department shall administer and enforce the rules adopted by the 
preservation board and shall administer and enforce this 
subchapter.  This subsection does not affect the authority of the 
department to adopt rules under Section 411.067.
	(b)  Rules adopted under this section may:                                     
		(1)  regulate the type, flow, and direction of 
vehicular traffic;           
		(2)  designate, mark, and assign areas and spaces for 
parking for elected state officials, chief executives and employees 
of state agencies located in the Capitol Complex, state-owned 
vehicles, business vehicles, and visitors to the Capitol Complex;
		(3)  establish a system of registration for vehicle 
identification;         
		(4)  prohibit or restrict the use of areas and spaces 
for parking;          
		(5)  establish a reasonable fee for parking in a 
parking space on a parking lot or in a parking garage that is 
located in the Capitol Complex, other than a space in the capitol 
driveway or capitol extension garage;  and
		(6)  provide for the towing and storing, at the expense 
of the owner, of a vehicle parked in violation of a rule.
	(c)  Rules that govern parking in the parking spaces in the 
capitol driveways and the parking lots and parking garages near the 
capitol, to the extent that parking in such places is not otherwise 
regulated by the State Preservation Board, shall provide for:
		(1)  assigning and marking reserved parking spaces for 
the unrestricted use of the governor, lieutenant governor, speaker 
of the house of representatives, and secretary of state;
		(2)  when the legislature is in session, assigning and 
marking reserved parking spaces requested by each house of the 
legislature for the unrestricted use of members and administrative 
staff of the legislature;  and
		(3)  when the legislature is not in session, assigning 
and marking parking spaces requested by each house of the 
legislature for the use of members and administrative staff of the 
legislature.
	(d)  Except as provided by Section 443.015, the department 
shall remit to the comptroller for deposit to the credit of State 
Parking Fund No. 125 any fee collected for the parking of a vehicle 
in the Capitol Complex.  Money in the fund may be appropriated only 
to the department for the operation, maintenance, and improvement 
of state parking facilities on, and for security in, the Capitol 
Complex.
	(e)  To the extent that the City of Austin on January 1, 1997, 
operated and maintained parking meters along either side of the 
streets forming the perimeter of the Capitol Complex, the city is 
entitled to continue to operate, maintain, and receive the revenue 
from those meters, except that the city may not operate or maintain 
along those streets meters that accept only quarters.

Added by Acts 1993, 73rd Leg., ch. 790, § 14, eff. Sept. 1, 1993.  
Amended by Acts 1997, 75th Leg., ch. 270, § 5, eff. May 26, 1997;  
Acts 2001, 77th Leg., ch. 1462, § 6, eff. June 17, 2001.


	§ 411.064. ASSISTANCE OF TEXAS DEPARTMENT OF 
TRANSPORTATION OR GENERAL SERVICES COMMISSION.  (a) On request of 
the department, the Texas Department of Transportation and the 
General Services Commission shall:
		(1)  assist the department in the marking and 
designation of parking lots, parking garages, and parking spaces;
		(2)  maintain the painting of lines and curb markings;  
and                 
		(3)  furnish and erect direction and information signs.                       
	(b)  The department may recover the cost of providing the 
services described in Subsection (a) from the agency or agencies 
for which the service was provided.  To the extent that either the 
General Services Commission or the Texas Department of 
Transportation provides or assists in providing the services 
described in Subsection (a), that agency shall be reimbursed by the 
department from its funds or the funds received from another agency 
under this subsection.

Added by Acts 1993, 73rd Leg., ch. 790, § 14, eff. Sept. 1, 1993.          


	§ 411.0645. TRANSPORTATION PLANNING COMMITTEE.  (a) The 
department, the City of Austin, the Capital Metropolitan 
Transportation Authority, the General Services Commission, the 
State Preservation Board, and The University of Texas at Austin 
shall each designate a representative to a committee established 
for the purpose of coordinating transportation in and adjacent to 
the Capitol Complex.  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.
	(b)  The committee may develop and recommend to the agencies 
represented agreements and memoranda of understanding relating to 
transportation in and adjacent to the Capitol Complex, including 
agreements or understandings relating to parking, vehicle traffic, 
and the location of light rail or other mass transit terminals and 
facilities in that area.

Added by Acts 1997, 75th Leg., ch. 270, § 6, eff. May 26, 1997.            


	§ 411.065. OFFENSES.  (a) A person commits an offense if 
the person violates a rule of the department adopted under Section 
411.062 or a rule of the State Preservation Board adopted under 
Section 411.063.
	(b)  An offense under this section is a Class C misdemeanor.                   

Added by Acts 1993, 73rd Leg., ch. 790, § 14, eff. Sept. 1, 1993.  
Amended by Acts 1997, 75th Leg., ch. 270, § 7, eff. May 26, 1997;  
Acts 2001, 77th Leg., ch. 1462, § 7, eff. June 17, 2001.


	§ 411.066. JURISDICTION.  The municipal court of a 
municipality and the justice courts of a county in which an offense 
under Section 411.065 was committed have concurrent original 
jurisdiction over such an offense.

Added by Acts 1993, 73rd Leg., ch. 790, § 14, eff. Sept. 1, 1993.          


	§ 411.067. ADMINISTRATIVE PARKING VIOLATIONS.  (a) The 
department shall have authority to adopt rules for the assessment 
of an administrative fine of $10 for violations of the parking rules 
adopted under Section 411.063.  Notwithstanding the provisions of 
Sections 411.065 and 411.066, the department may in its discretion 
issue an administrative citation for a parking violation.
	(b)  Rules adopted under this section shall:                                   
		(1)  establish a system for enforcement of 
administrative citations including but not limited to assessment of 
a late fee not to exceed $2 and towing, impoundment, or 
immobilization of vehicles;  and
		(2)  provide for a procedure of administrative review 
within the capitol police district and, on request of the person 
assessed an administrative fine, further judicial review by the 
department filing the appropriate citation or complaint in a court 
of competent jurisdiction, as provided in Section 411.066.
	(c)  The administrative review provided for in Subsection 
(b) shall not be considered a contested case under Chapter 2001 or 
Chapter 2003.
	(d)  The department shall remit to the comptroller for 
deposit in the general revenue fund any administrative fine 
received under this section.  Such revenues may be appropriated 
only to the department for capitol police security and parking.

Added by Acts 1993, 73rd Leg., ch. 790, § 14, eff. Sept. 1, 1993.  
Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(50), (76), eff. 
Sept. 1, 1995.

SUBCHAPTER F. CRIMINAL HISTORY RECORD INFORMATION


	§ 411.081. APPLICATION OF SUBCHAPTER.  (a) This 
subchapter does not apply to criminal history record information 
that is contained in:
		(1)  posters, announcements, or lists for identifying 
or apprehending fugitives or wanted persons;
		(2)  original records of entry, including police 
blotters maintained by a criminal justice agency that are compiled 
chronologically and required by law or long-standing practice to be 
available to the public;
		(3)  public judicial, administrative, or legislative 
proceedings;           
		(4)  court records of public judicial proceedings;                            
		(5)  published judicial or administrative opinions;  or                       
		(6)  announcements of executive clemency.                                     
	(b)  This subchapter does not prohibit a criminal justice 
agency from disclosing to the public criminal history record 
information that is related to the offense for which a person is 
involved in the criminal justice system.
	(c)  This subchapter does not prohibit a criminal justice 
agency from confirming previous criminal history record 
information to any person on specific inquiry about whether a named 
person was arrested, detained, indicted, or formally charged on a 
specified date, if the information disclosed is based on data 
excluded by Subsection (b).
	(d)  Notwithstanding any other provision of this subchapter, 
if a person is placed on deferred adjudication community 
supervision under Section 5, Article 42.12, Code of Criminal 
Procedure, subsequently receives a discharge and dismissal under 
Section 5(c), Article 42.12, and satisfies the requirements of 
Subsection (e), the person may petition the court that placed the 
defendant on deferred adjudication for an order of nondisclosure 
under this subsection.  Except as provided by Subsection (e), a 
person may petition the court under this subsection regardless of 
whether the person has been previously placed on deferred 
adjudication community supervision for another offense.  After 
notice to the state and a hearing on whether the person is entitled 
to file the petition and issuance of the order is in the best 
interest of justice, the court shall issue an order prohibiting 
criminal justice agencies from disclosing to the public criminal 
history record information related to the offense giving rise to 
the deferred adjudication.  A criminal justice agency may disclose 
criminal history record information that is the subject of the 
order only to other criminal justice agencies, for criminal justice 
or regulatory licensing purposes, an agency or entity listed in 
Subsection (i), or the person who is the subject of the order.  A 
person may petition the court that placed the person on deferred 
adjudication for an order of nondisclosure on payment of a $28 fee 
to the clerk of the court in addition to any other fee that 
generally applies to the filing of a civil petition.  The payment 
may be made only on or after:
		(1)  the discharge and dismissal, if the offense for 
which the person was placed on deferred adjudication was a 
misdemeanor other than a misdemeanor described by Subdivision (2);
		(2)  the second anniversary of the discharge and 
dismissal, if the offense for which the person was placed on 
deferred adjudication was a misdemeanor under Chapter 20, 21, 22, 
25, 42, or 46, Penal Code;  or
		(3)  the fifth anniversary of the discharge and 
dismissal, if the offense for which the person was placed on 
deferred adjudication was a felony.
	(e)  A person is entitled to petition the court under 
Subsection (d) only if during the applicable period described by 
Subsection (d)(1), (2), or (3), as appropriate, the person is not 
convicted of or placed on deferred adjudication community 
supervision under Section 5, Article 42.12, Code of Criminal 
Procedure, for any offense other than an offense under the 
Transportation Code punishable by fine only.  A person is not 
entitled to petition the court under Subsection (d) if the person 
has been previously convicted or placed on deferred adjudication 
for:
		(1)  an offense requiring registration as a sex 
offender under Chapter 62, Code of Criminal Procedure;
		(2)  an offense under Section 20.04, Penal Code, 
regardless of whether the offense is a reportable conviction or 
adjudication for purposes of Chapter 62, Code of Criminal 
Procedure;
		(3)  an offense under Section 19.02, 19.03, 22.04, 
22.041, 25.07, or 42. 072, Penal Code;  or
		(4)  any other offense involving family violence, as 
defined by Section 71.004, Family Code.
	(f)  For purposes of Subsection (d), a person is considered 
to have been placed on deferred adjudication community supervision 
if, regardless of the statutory authorization:
		(1)  the person entered a plea of guilty or nolo 
contendere;                
		(2)  the judge deferred further proceedings without 
entering an adjudication of guilt and placed the person under the 
supervision of the court or an officer under the supervision of the 
court;  and
		(3)  at the end of the period of supervision the judge 
dismissed the proceedings and discharged the person.

Text of subsec. (g) as amended by Acts 2005, 79th Leg., ch. 177, 
§ 3
	(g)  When an order of nondisclosure is issued under this 
subsection, the clerk of the court shall send to the Crime Records 
Service of the Department of Public Safety a copy of the order by:
		(1)  certified mail, return receipt requested;  or                            
		(2)  if requested in writing by the petitioner, secure 
electronic mail or facsimile transmission.

Text of subsec. (g) as amended by Acts 2005, 79th Leg., ch. 1309, 
§ 3
	(g)  When an order of nondisclosure is issued under this 
section, the clerk of the court shall send a copy of the order by 
certified mail, return receipt requested, to the Crime Records 
Service of the Department of Public Safety.  Not later than 10 
business days after receipt of the order, the Department of Public 
Safety shall seal any criminal history record information 
maintained by the department that is the subject of the order.  The 
department shall also send a copy of the order by mail or electronic 
means to all:
		(1)  law enforcement agencies, jails or other detention 
facilities, magistrates, courts, prosecuting attorneys, 
correctional facilities, central state depositories of criminal 
records, and other officials or agencies or other entities of this 
state or of any political subdivision of this state;
		(2)  central federal depositories of criminal records 
that there is reason to believe have criminal history record 
information that is the subject of the order;  and
		(3)  private entities that purchase criminal history 
record information from the department.

Text of subsec. (g-1) as added by Acts 2005, 79th Leg., ch. 177, 
§ 3
	(g-1)  The Department of Public Safety shall send a copy of 
the order by mail or secure electronic mail or facsimile 
transmission to all law enforcement agencies, jails or other 
detention facilities, magistrates, courts, prosecuting attorneys, 
correctional facilities, central state depositories of criminal 
records, and other officials or agencies or other entities of this 
state or of any political subdivision of this state, and to all 
central federal depositories of criminal records that there is 
reason to believe have criminal history record information that is 
the subject of the order.

Text of subsec. (g-1) as added by Acts 2005, 79th Leg., ch. 1309, 
§ 3
	(g-1)  Not later than 30 business days after receipt of an 
order from the Department of Public Safety under Subsection (g), an 
individual or entity described by Subsection (g)(1) shall seal any 
criminal history record information maintained by the individual or 
entity that is the subject of the order.
	(g-2)  A person whose criminal history record information 
has been sealed under this section is not required in any 
application for employment, information, or licensing to state that 
the person has been the subject of any criminal proceeding related 
to the information that is the subject of an order issued under this 
section.
	(h)  The clerk of a court that collects a fee under 
Subsection (d) shall remit the fee to the comptroller not later than 
the last day of the month following the end of the calendar quarter 
in which the fee is collected, and the comptroller shall deposit the 
fee in the general revenue fund.  The Department of Public Safety 
shall submit a report to the legislature not later than December 1 
of each even-numbered year that includes information on:
		(1)  the number of petitions for nondisclosure and 
orders of nondisclosure received by the department in each of the 
previous two years;
		(2)  the actions taken by the department with respect 
to the petitions and orders received;
		(3)  the costs incurred by the department in taking 
those actions;  and     
		(4)  the number of persons who are the subject of an 
order of nondisclosure and who became the subject of criminal 
charges for an offense committed after the order was issued.
	(i)  A criminal justice agency may disclose criminal history 
record information that is the subject of an order of nondisclosure 
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 State Board of Medical Examiners;                              
		(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 Youth Commission;                                             
		(11)  the Department of Assistive and Rehabilitative 
Services;              
		(12)  the Department of State Health Services, a local 
mental health service, a local mental retardation authority, or a 
community center providing services to persons with mental illness 
or retardation;
		(13)  the Texas Private Security Board;                                       
		(14)  a municipal or volunteer fire department;                               
		(15)  the Board of Nurse Examiners;                                           
		(16)  a safe house providing shelter to children in 
harmful situations;     
		(17)  a public or nonprofit hospital or hospital 
district;                  
		(18)  the Texas Juvenile Probation Commission;                                
		(19)  the securities commissioner, the banking 
commissioner, the savings and loan commissioner, or the credit 
union commissioner;
		(20)  the Texas State Board of Public Accountancy;                            
		(21)  the Texas Department of Licensing and Regulation;                       
		(22)  the Health and Human Services Commission;  and                          
		(23)  the Department of Aging and Disability Services.                        
	(j)  If the Department of Public Safety receives information 
indicating that a private entity that purchases criminal history 
record information from the department has been found by a court to 
have committed five or more violations of Section 552.1425 by 
compiling or disseminating information with respect to which an 
order of nondisclosure has been issued, the department may not 
release any criminal history record information to that entity 
until the first anniversary of the date of the most recent 
violation.

Added by Acts 1993, 73rd Leg., ch. 790, § 35, eff. Sept. 1, 1993.  
Amended by Acts 2003, 78th Leg., ch. 1236, § 4, eff. Sept. 1, 
2003;  Acts 2005, 79th Leg., ch. 177, § 3, eff. Sept. 1, 2005;  
Acts 2005, 79th Leg., ch. 1309, § 3, eff. Sept. 1, 2005.


	§ 411.082. DEFINITIONS.  In this subchapter:                                
		(1)  "Administration of criminal justice" has the 
meaning assigned by Article 60.01, Code of Criminal Procedure.
		(2)  "Criminal history record information" means 
information collected about a person by a criminal justice agency 
that consists of identifiable descriptions and notations of 
arrests, detentions, indictments, informations, and other formal 
criminal charges and their dispositions.  The term does not 
include:
			(A)  identification information, including 
fingerprint records, to the extent that the identification 
information does not indicate involvement of the person in the 
criminal justice system;  or
			(B)  driving record information maintained by the 
department under Subchapter C, Chapter 521, Transportation Code.
		(3)  "Criminal justice agency" means:                                         
			(A)  a federal or state agency that is engaged in 
the administration of criminal justice under a statute or executive 
order and that allocates a substantial portion of its annual budget 
to the administration of criminal justice;  or
			(B)  a nongovernmental railroad or campus police 
department that has obtained an originating agency identifier from 
the Federal Bureau of Investigation.
		(4)  "Criminal justice purpose" means:                                        
			(A)  an activity that is included in the 
administration of criminal justice;  or
			(B)  screening of applicants for employment with a 
criminal justice agency.

Added by Acts 1993, 73rd Leg., ch. 790, § 35, eff. Sept. 1, 1993.  
Amended by Acts 1997, 75th Leg., ch. 165, § 30.190, eff. Sept. 1, 
1997.


	§ 411.083. DISSEMINATION OF CRIMINAL HISTORY RECORD 
INFORMATION.  (a) Criminal history record information maintained 
by the department is confidential information for the use of the 
department and, except as provided by this subchapter, may not be 
disseminated by the department.
	(b)  The department shall grant access to criminal history 
record information to:
		(1)  criminal justice agencies;                                               
		(2)  noncriminal justice agencies authorized by 
federal statute or executive order or by state statute to receive 
criminal history record information;
		(3)  the person who is the subject of the criminal 
history record information;
		(4)  a person working on a research or statistical 
project that:            
			(A)  is funded in whole or in part by state funds;  
or                     
			(B)  meets the requirements of Part 22, Title 28, 
Code of Federal Regulations, a