CONTENT OF POWER OUTAGE ALERT. (2) "Chemically dependent person" means a person who frequently or repeatedly becomes intoxicated by excessive indulgence in alcohol or uses controlled substances or dangerous drugs so as to acquire a fixed habit and an involuntary tendency to become intoxicated or use those substances as often as the opportunity is presented. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: COMMERCIAL NUCLEAR POWER PLANT LICENSEES. 1831), Sec. 417 (S.B. September 1, 2013. September 1, 2009. 16), Sec. Transferred, redesignated and amended from Government Code, Section 411.244 by Acts 2011, 82nd Leg., R.S., Ch. 3142), Sec. The notice must explain why the secondary employment or proposed secondary employment is prohibited by the referenced guideline. (c) The department shall, with the assistance of the Texas Facilities Commission, design the training and operations center facility. June 14, 2013. Sec. If a license holder is carrying a handgun on or about the license holder's person when a magistrate or a peace officer demands that the license holder display identification, the license holder shall display: (1) both the license holder's driver's license or identification certificate issued by the department and the license holder's handgun license; and. 1902), Sec. STATE AGENCIES. 2.09, eff. (b) Criminal history record information obtained by the securities commissioner under this section may not be released by any person or agency except on court order or with the consent of the person who is the subject of the criminal history record information, unless the information is entered into evidence by the State Securities Board or a court at an administrative proceeding or a civil or criminal action under The Securities Act (Title 12, Government Code). Amended by Acts 2003, 78th Leg., ch. April 5, 2001. Sec. 1902), Sec. CONFIDENTIALITY AND DISSEMINATION OF INFORMATION IN CENTRAL INDEX. 263 (S.B. (B) requires continuous medical treatment to avoid redevelopment; (3) has been diagnosed by a licensed physician, determined by a review board or similar authority, or declared by a court to be incompetent to manage the person's own affairs; or. Sept. 1, 2001. September 1, 2017. (5) biennially submit a report of its work to the governor and legislature, including the commission's and director's recommendations. 411.463. 1, eff. 3, eff. Sec. September 1, 2009. A fifth generation Texan, she is a gubernatorial appointee and secretary of the Stephen F. Austin State University Board of Regents, former gubernatorial appointee and former chair of the University of Houston System Board of Regents, and former gubernatorial appointee to the Texas Economic Development Corporation Board of Directors. 2200), Sec. (a) A peace officer who is acting in the lawful discharge of the officer's official duties may disarm a license holder at any time the officer reasonably believes it is necessary for the protection of the license holder, officer, or another individual. (b-4) A district court that consolidates petitions under Subsection (b-3) shall allow an attorney representing the state who receives a petition involving an offense that was committed outside the county in which the court is located to appear at any hearing regarding the consolidated petition by telephone or video conference call. 3142), Sec. (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. PUBLIC COMPLAINTS. 83, Sec. (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. 1204, Sec. Sec. 450 (H.B. Long is the owner and managing member of L2JL Capital, LLC which provides funding to the commercial real estate industry. 122 (H.B. Sept. 1, 1993. 1, eff. June 14, 2013. 2583), Sec. January 1, 2017. September 1, 2019. 1146 (H.B. September 1, 2019. (F) consequences of improper use of a handgun; (4) provide field instruction in the use of handguns, including: (5) require physical demonstrations of proficiency in techniques learned in training; and. September 1, 2017. 1093), Sec. 19.01(37), eff. (b) A law enforcement agency providing notice to the department under Subsection (a) shall include with that notice a detailed description of the missing suspect and, if applicable, any available portion of the license plate number of a motor vehicle being used by the suspect. (a) An applicant for a license to carry a handgun must submit to the director's designee described by Section 411.176: (1) a completed application on a form provided by the department that requires only the information listed in Subsection (b); (2) one or more photographs of the applicant that meet the requirements of the department; (3) a certified copy of the applicant's birth certificate or certified proof of age; (5) two complete sets of legible and classifiable fingerprints of the applicant taken by a person appropriately trained in recording fingerprints who is employed by a law enforcement agency or by a private entity designated by a law enforcement agency as an entity qualified to take fingerprints of an applicant for a license under this subchapter; (6) a nonrefundable application and license fee of $40 paid to the department; (7) evidence of handgun proficiency, in the form and manner required by the department; (8) an affidavit signed by the applicant stating that the applicant: (A) has read and understands each provision of this subchapter that creates an offense under the laws of this state and each provision of the laws of this state related to use of deadly force; and, (B) fulfills all the eligibility requirements listed under Section 411.172; and. 1099 (H.B. (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. (b) Not later than 10 business days after receipt of relevant criminal history record information contained in an order or a copy of an order under Subsection (a), the department shall seal any criminal history record information maintained by the department that is the subject of the order. SUBCHAPTER H. LICENSE TO CARRY A HANDGUN. 737 (H.B. LAW ENFORCEMENT AND PUBLIC PROTECTION, CHAPTER 411. The program shall require intraagency postings of all non-entry-level positions concurrently with any public posting. Acts 2013, 83rd Leg., R.S., Ch. 411.1296. 1674), Sec. The office shall coordinate activities designed to promote effectiveness in departmental operations and to keep the commission and the legislature fully informed about deficiencies within the department. 165, Sec. (f) An employee of a school district, charter school, private school, regional education service center, commercial transportation company, or education shared services arrangement or an entity that contracts to provide services to a school district, charter school, or shared services arrangement may request from the employer a copy of any criminal history record information relating to that employee that the employer has obtained as provided by Subchapter C, Chapter 22, Education Code. 1, eff. Acts 2017, 85th Leg., R.S., Ch. 96 (S.B. (f) If possible, a second DNA sample must be collected from an individual in a criminal investigation if forensic DNA evidence is necessary for use as substantive evidence in the investigation, prosecution, or defense of a case. Sept. 1, 1989. 14, eff. 341 (H.B. Acts 2011, 82nd Leg., R.S., Ch. Acts 2019, 86th Leg., R.S., Ch. 411.019. (b) An activity provider is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is a volunteer or a volunteer applicant of the activity provider. 322), Sec. June 14, 2001. 1, eff. The Crime Victims' Institute is entitled to obtain from the department criminal history record information maintained by the department that the institute believes is necessary for the performance of the duties of the institute under Section 96.65, Education Code. 2, eff. 1399), Sec. 11), Sec. 648, Sec. (b) In issuing the power outage alert, the department shall send the alert to designated media outlets in this state. Sec. (d) The department may issue a license under this subchapter to an applicant under this section if the applicant complies with Subsection (c) and meets all other requirements of this subchapter, except that the applicant is not required to complete the range instruction part of the handgun proficiency course described by Section 411.188 if the department is satisfied, on the basis of the evidence provided under Subsection (c)(3), that the applicant is proficient in the use of handguns. On renewal of the license on the new expiration date, the total license renewal fee is payable. Our Mission The Department of Public Safetys mission is to enhance the safety and security of all Arkansans through ethical, character-driven behavior that promotes professionalism, clear communication, and accountability while serving as the states premier public safety agency. 296, Sec. Sept. 1, 2001. Sec. 59), Sec. 2, eff. (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. (ii) the person is not also the victim of the alleged conduct; (J) a person providing child care for a child who is in the care of the Department of Family and Protective Services or the Health and Human Services Commission and who is or will be receiving adoptive, foster, or in-home care; (K) through a contract with a nonprofit management center, an employee of, an applicant for employment with, or a volunteer or an applicant volunteer with a nonprofit, tax-exempt organization that provides any service that involves the care of or access to a child, an elderly person, or a person with a disability; or. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 34 (S.B. Sec. 411.097. Sec. (b-3) A person convicted of or placed on deferred adjudication community supervision for more than one offense described by Subsection (a)(1) that the person committed solely as a victim of an offense under Section 20A.02, 20A.03, or 43.05, Penal Code, may file a petition for an order of nondisclosure of criminal history record information under this section with respect to each offense, and may request consolidation of those petitions, in a district court in the county where the person was most recently convicted or placed on deferred adjudication community supervision as described by this subsection. (a) In this section, "federal prohibited person information" means information that identifies an individual as: (1) a person ordered by a court to receive inpatient mental health services under Chapter 574, Health and Safety Code; (2) a person acquitted in a criminal case by reason of insanity or lack of mental responsibility, regardless of whether the person is ordered by a court to receive inpatient treatment or residential care under Chapter 46C, Code of Criminal Procedure; (3) a person determined to have mental retardation and committed by a court for long-term placement in a residential care facility under Chapter 593, Health and Safety Code; (4) an incapacitated adult individual for whom a court has appointed a guardian of the individual under Title 3, Estates Code, based on the determination that the person lacks the mental capacity to manage the person's affairs; or. 1146 (H.B. 35, eff. (b) The division relating to the Texas Rangers may not be abolished. May 18, 2013. 1, eff. September 1, 2013. (b) Criminal history record information obtained by the Health and Human Services Commission under Subsection (a) may be used only to evaluate an applicant for a staff position at an outdoor training program for children who are deaf or hard of hearing. (c) The person shall present to the court any evidence necessary to establish that the person is eligible to receive an order of nondisclosure of criminal history record information under this section. (4) for the duration of or the period specified by: (A) the protective order issued under Title 4, Family Code, if the person's license is subject to suspension for the reason listed in Subsection (a)(5); or. 2730), Sec. The following section was amended by the 88th Legislature. Sec. Sept. 1, 1993; Acts 1997, 75th Leg., ch. (e) The director is the Texas liaison for DNA data, records, evidence, and other related matters between: (2) a DNA laboratory or a criminal justice agency. (c) The commission shall select the director, and the director shall select deputy directors and assistant directors, on the basis of the person's training, experience, and qualifications for the position. Sept. 1, 2003. 27, eff. (c) Repealed by Acts 2021, 87th Leg., R.S., Ch. Sec. 1083, Sec. (c) Criminal history record information obtained by the office of the attorney general under this section may not be released or disclosed to any person except on court order or with the consent of the person who is the subject of the criminal history record information. The commission shall: (A) enforcement of state criminal, traffic, and safety laws; (C) detection and apprehension of persons who violate laws; and. Added by Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1997. (c) The office of the governor shall enter into a contract that includes performance requirements with each grant recipient. (3) is subject to investigation by the board in connection with a complaint or formal charge against the person. In this subchapter: (1) "Approved online course provider" means a person who is certified by the department to offer in an online format the classroom instruction part of the handgun proficiency course and to administer the associated written exam. (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. The inspector general serves until removed by the commission. Acts 2019, 86th Leg., R.S., Ch. Added by Acts 1995, 74th Leg., ch. 1504, Sec. (8) history, if any, of treatment received by, commitment to, or residence in: (A) a drug or alcohol treatment center licensed to provide drug or alcohol treatment under the laws of this state or another state, but only if the treatment, commitment, or residence occurred during the preceding five years; or. 867), Sec. 1312, Sec. Sec. The reports are audit working papers of the state auditor. Sec. A district attorney or county attorney, the attorney general, or a designated member of the department may represent the department. Sept. 1, 1999. (2) any officer or employee of an institution of higher education or private or independent institution of higher education described by Subdivision (1) who possesses a handgun on the campus of that institution and whose conduct with regard to the handgun is made the basis of a claim for personal injury or property damage. In this chapter: (1) "Commission" means the Public Safety Commission. Acts 2017, 85th Leg., R.S., Ch. (b) Subsection (a) applies regardless of whether the defendant meets the other eligibility criteria under this subchapter. September 1, 2015. (c) In issuing the alert, the department shall send the alert to designated media outlets in this state. 411.0035. June 9, 2017. September 1, 2014. 1, eff. 411.013. 411.374. June 9, 2017. CRIMINAL HISTORY CLEARINGHOUSE. Sept. 1, 2003. 1, eff. (a) A defendant described by Section 411.0602(a) may submit to the bureau of identification and records a request to determine whether the bureau has entered information relating to the defendant in the central index established under Section 411.0602. 324 (S.B. Commissioner Blair is chair and president of the Conroe ISD Education Foundation and of the Humane Society of Montgomery County, member of the Greater Houston Women's Chamber of Commerce and the Greater Houston Partnership, and founding chair of The Woodlands Convention & Visitors Bureau. Added by Acts 2011, 82nd Leg., R.S., Ch. (3) determines that the person's disappearance poses a credible threat to the person's health and safety. 1315), Sec. (c) This section may not be construed to limit the authority of the department to disseminate criminal history record information as provided by Section 411.083. 2, eff. September 1, 2019. Acts 2005, 79th Leg., Ch. (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. 13, eff. (e) The comptroller is not prohibited from disclosing to a person who is the subject of criminal history record information the dates and places of arrests, the offenses, and the dispositions in the criminal history record information. 3167), Sec. 165, Sec. The report must include: (1) statistics for each month of the preceding calendar year and yearly totals of all border crime, as defined by Section 772.0071, and other criminal activity, including transnational criminal activity, the department determines relates to border security that occurred in each county included in a department region that is adjacent to the Texas-Mexico border; and. Added by Acts 1993, 73rd Leg., ch. 206), Sec. (6) provide for the towing and storing, at the expense of the owner, of a vehicle parked in violation of a rule. 194, Sec. Acts 2011, 82nd Leg., R.S., Ch. 2730), Sec. September 1, 2017. (2) $5 any fee required for the issuance of a renewed license under this subchapter. 18, Sec. (3) the fifth anniversary of the discharge and dismissal, if the offense for which the person was placed on deferred adjudication was a felony. September 1, 2013. 2, eff. 463, Sec. 13(1), eff. (2) has, within the 10 years preceding the date of the person's application for the license, completed as part of the person's service with the armed forces or Texas military forces: (A) a course of training in firearm proficiency or familiarization; or. Acts 2019, 86th Leg., R.S., Ch. 2131), Sec. Acts 2021, 87th Leg., R.S., Ch. 1080 (H.B. June 14, 2013. 362 (S.B. (a) The department may adopt rules for the assessment of an administrative fine of $25 for violations of the parking rules adopted under Section 411.063. June 15, 2007. 9, eff. 1312 (S.B. Sept. 1, 1999. (ii) not related to the child by any degree of consanguinity or affinity as defined under Subchapter B, Chapter 573, Government Code; (2) the local law enforcement agency believes that the abducted child is in immediate danger of serious bodily injury or death or of becoming the victim of a sexual assault; (3) the local law enforcement agency confirms that a preliminary investigation has taken place that verifies the abduction and eliminates alternative explanations for the child's disappearance; and. 165, Sec. 411.526. (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. (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. Sec. 23, eff. (b) Any settlement agreement arising from the procedures described by Subsection (a) must be approved by the director or the director's designee. Acts 2015, 84th Leg., R.S., Ch. (e) A criminal justice agency may have access to a DNA sample for a law enforcement purpose through: (f) The director shall maintain a record of requests made under this section. 411.188. 411.4509. (d) The department shall issue a certificate of completion to a first responder who is a license holder and who completes the initial training course under Subsection (b) or the continuing education course under Subsection (c), as applicable. 821 (H.B. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: COUNTY FIRE MARSHALS; COUNTY SHERIFFS. Acts 2007, 80th Leg., R.S., Ch. (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. 5.01(c)(16), eff. 7, eff. 411.0076. June 18, 1999. Acts 2017, 85th Leg., R.S., Ch. September 1, 2013. September 1, 2017. Sept. 1, 1999. 1280 (H.B. 5.15, eff. Welcome to the Rhode Island DPS Website. September 1, 2011. (d) The criminal history record information obtained under Subsection (a-4) is for the exclusive use of the court or guardianship certification program of the Judicial Branch Certification Commission, as appropriate, and is privileged and confidential. Sept. 1, 2001. 208), Sec. Sec. The Texas Board of Nursing is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who: (1) is an applicant for or the holder of a license issued by the board; (2) has requested a determination of eligibility for a license from the board; or. 91 (S.B. 90 (S.B. When you purchase domain names from register.hostgator.com, check the box next to: "Set Custom Nameservers (Optional)" in the domains cart and add your desired name servers. 248, Sec. September 1, 2009. Acts 2011, 82nd Leg., R.S., Ch. 295 (H.B. 411.525. 296, Sec. He is chairman of the American Film Institute National Council, board member of The University of Texas (UT) Harry Ransom Center, UT College of Liberal Arts Advisory Board, and the UT System Chancellor's Council. 4, eff. September 1, 2021. Sec. 48), Sec. Acts 2017, 85th Leg., R.S., Ch. 598), Sec. 2730), Sec. (c) If after review the head of the bureau or that person's designee and the head of the department's crime laboratory in Austin jointly determine there is a high likelihood that the information relating to the defendant is accurate, the bureau shall notify the defendant of that determination. September 1, 2013. REPORTS. PROCEDURE FOR COMMUNITY SUPERVISION FOLLOWING CONVICTION; CERTAIN DRIVING WHILE INTOXICATED CONVICTIONS. Added by Acts 2013, 83rd Leg., R.S., Ch. (a) If, after judicial review, the administrative penalty is reduced or not imposed, the department shall: (1) remit to the person the appropriate amount, plus accrued interest, if the person paid the amount of the penalty; or. Amended by Acts 1993, 73rd Leg., ch. 411.0163. EXPENDITURES, DONATIONS, AND APPROPRIATIONS. Sec. Acts 2019, 86th Leg., R.S., Ch. September 1, 2009. Section 5119a. Sec. 1589), Sec. (b) If the name of the license holder is changed by marriage or otherwise, or if the person's status becomes inapplicable as described by Subsection (a), the person shall apply for a duplicate license. 790, Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Sec. 411.1389. 463, Sec. 2.23, eff. Stodghill is a partner at Winston & Strawn, LLP, a member of the State Bar of Texas, the Dallas Bar Association and a research fellow for the Southwestern Legal Foundation. 87 (S.B. Acts 2021, 87th Leg., R.S., Ch. Added by Acts 1993, 73rd Leg., ch. 411.0606. Added by Acts 2011, 82nd Leg., R.S., Ch. (f) A license issued under this subchapter to an applicant under this section expires as provided by Section 411.183. Sec. 918), Sec. (d) The department shall establish a fee in an amount that is sufficient to cover the costs of the school safety certification under this section. 411.021. 435), Sec. (a) The inspector general shall report directly to the commission regarding performance of and activities related to investigations and provide the director with information regarding investigations as appropriate. 1549), Sec. 199, Sec. 35, eff. Amended by Acts 1995, 74th Leg., ch. 128), Sec. 9A.03, eff. 35, eff. 1146 (H.B. (a) If a person who is a current license holder moves from any residence address stated on the license, if the name of the person is changed by marriage or otherwise, or if the person's status becomes inapplicable for purposes of the information required to be displayed on the license under Section 411.179, the person shall, not later than the 30th day after the date of the address, name, or status change, notify the department and provide the department with the number of the person's license and, as applicable, the person's: (a-1) If a license holder whose license will expire under Section 411.183(a)(1)(B) or (b)(1)(B) is granted an extension for the license holder's lawful presence in the United States as determined by the United States agency responsible for citizenship and immigration in compliance with federal law, the license holder may apply to the department for a duplicate license with an updated expiration date by providing to the department the person's license number and evidence of the extension.
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