(6) if the applicant is a retired judicial officer, a form executed by the applicant that authorizes the department to make an inquiry into any noncriminal history records that are necessary to determine the applicant's eligibility for a license under this subchapter. 11.02, eff. 2, eff. 296, Sec. (d) On receipt at the department's Austin headquarters of the application materials and the result of the investigation by the director's designee, the department shall conduct any further record check or investigation the department determines is necessary if a question exists with respect to the accuracy of the application materials or the eligibility of the applicant, except that the department shall complete the record check and investigation not later than the 180th day after the date the department receives the application materials from the applicant. Added by Acts 2015, 84th Leg., R.S., Ch. Added by Acts 2015, 84th Leg., R.S., Ch. Sec. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: RAILROAD COMMISSION OF TEXAS. (a) The Texas Facilities Commission is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who: (b) Criminal history record information obtained by the Texas Facilities Commission under Subsection (a) may not be released or disclosed to any person except: Added by Acts 2011, 82nd Leg., R.S., Ch. Added by Acts 1997, 75th Leg., ch. Added by Acts 1993, 73rd Leg., ch. 1420, Sec. 11, eff. 25, Sec. 1, eff. 7, 13(2), eff. 361 (S.B. For purposes of this subsection, "background check" means a search of the National Crime Information Center database and the Interstate Identification Index maintained by the Federal Bureau of Investigation. 411.1901. Added by Acts 2007, 80th Leg., R.S., Ch. Sec. The commission is entitled to receive criminal history record information, without charge, from any political subdivision of this state. (a) A local law enforcement agency may notify the department if the agency: (1) receives notice of a missing senior citizen or person with Alzheimer's disease; (2) verifies that at the time the senior citizen or person with Alzheimer's disease is reported missing: (i) is 65 years of age or older and has an impaired mental condition; or, (ii) is a person with Alzheimer's disease; and, (B) the person's location is unknown; and. 867), Sec. Acts 2017, 85th Leg., R.S., Ch. 3.04, eff. (3) a student enrolled in an educational program or course of study who is at the facility for educational purposes. 1296), Sec. 1146 (H.B. 147, Sec. Acts 2005, 79th Leg., Ch. 1209 (S.B. September 1, 2017. 62, Sec. 16, eff. Amended by Acts 1989, 71st Leg., ch. 165, Sec. (b) A prosecuting attorney may request that the court with jurisdiction over the complaint permit the attorney to recuse himself or herself for good cause in a case investigated under this subchapter, and on submitting the notice of recusal, the attorney is disqualified. 9.005, eff. 178 (H.B. 9), Sec. 2730), Sec. September 1, 2015. (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). (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. A certified copy of the judgment is conclusive and sufficient evidence to justify revocation of a license under Section 411.186(a)(4). 684 (S.B. 2, eff. (2) providing population statistics data or other appropriate research data. (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. (a) The department by rule shall adopt the form of the license. (e) In this subsection, "veteran" has the meaning assigned by Section 411.1951. Sec. Acts 2019, 86th Leg., R.S., Ch. However, hacking doesn't always rise to the level of a crime. (f) If the department determines that a reason exists to revoke, suspend, or deny a license to carry a handgun with respect to a person who is a qualified handgun instructor or approved online course provider or an applicant for certification as a qualified handgun instructor or approved online course provider, the department shall take that action against the person's: (1) license to carry a handgun if the person is an applicant for or the holder of a license issued under this subchapter; and. Added by Acts 1999, 76th Leg., ch. Sept. 1, 1999. 1075), Sec. Unless continued in existence as provided by that chapter, the department is abolished and Subsections (a) and (b) expire September 1, 2031. 1, eff. (d) The Department of Information Resources may not obtain criminal history record information under this section unless the Department of Information Resources first adopts policies and procedures that provide that evidence of a criminal conviction or other relevant information obtained from the criminal history record information does not automatically disqualify an individual from employment. 2733), Sec. (d) To be eligible for employment under this section, a peace officer must be a sergeant or higher-ranked officer of the Texas Rangers and must have two or more years of experience in the investigation of homicides or other major felonies. (d-3) An institution of higher education shall widely distribute the rules, regulations, or other provisions described by Subsection (d-1) to the institution's students, staff, and faculty, including by prominently publishing the provisions on the institution's Internet website. Sept. 1, 1993. 411.208. (B) placed on probation, if the conduct constitutes a felony described by Section 54.0409, Family Code. (d) The department shall charge a license holder a fee of $25 for a duplicate license. After use of the information, the hospital or district administrator or the administrator's designee shall destroy the information in accordance with the hospital's or district's document destruction procedures. Oct. 1, 1991. 411.086. Sec. 1969), Sec. (c) An individual who has been convicted two times within the 10-year period preceding the date on which the person applies for a license of an offense of the grade of Class B misdemeanor or greater that involves the use of alcohol or a controlled substance as a statutory element of the offense is a chemically dependent person for purposes of this section and is not qualified to receive a license under this subchapter. Amended by Acts 2003, 78th Leg., ch. 3, eff. 6, eff. Acts 2009, 81st Leg., R.S., Ch. In 1985, the state government of São Paulo created an annex to a psychiatric penitentiary hospital meant to house the most violent inmates of the region and established the Penitentiary of Rehabilitation Center of Taubaté, also known as Piranhão. 5, eff. Sec. 3, eff. TERMINATION OF ALERT SYSTEM. June 10, 2019. Appointments to the commission shall be made without regard to race, color, disability, sex, religion, age, or national origin. Sec. 165, Sec. 2, eff. September 1, 2009. (a) A local law enforcement agency shall notify the department if the agency: (1) receives a report regarding a missing adult; (2) verifies that at the time the adult is reported missing: (A) the person reported missing is 18 years of age or older but younger than 65 years of age; (B) the adult's location is unknown; and. This subchapter expires September 1, 2023. Added by Acts 2019, 86th Leg., R.S., Ch. Sec. 19.01(34), eff. 3, eff. 35, eff. 411.1103. 10.09, eff. 90 (S.B. (b) Information received by the State Commission on Judicial Conduct is confidential and may be disseminated only in an investigation or proceeding conducted by the commission or with the consent of the person who is the subject of the criminal history record information. The department shall update the plan biennially. 2639), Sec. 296, Sec. September 1, 2019. 297), Sec. (a) The Texas School for the Blind and Visually Impaired is entitled to obtain criminal history record information maintained by the Department of Public Safety, the Federal Bureau of Investigation identification division, or another law enforcement agency which relates to school employees, professional consultants, applicants for permanent, temporary, or consultative employment, student teachers, educational interns, persons who perform ongoing educational projects at the school, and volunteer positions whose employment or potential employment or volunteer positions with the school involves direct interactions with, or the opportunity to interact and associate with, the children or youth attending the school. (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. 1902), Sec. 2, eff. September 1, 2017. Sec. (2) provide a procedure of administrative review within the highway patrol district that includes the Capitol Complex 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, as provided in Section 411.066. Acts 2011, 82nd Leg., R.S., Ch. (4) sufficient information is available to disseminate to the public that could assist in locating the child, a person suspected of abducting the child, or a vehicle suspected of being used in the abduction. January 1, 2019. 3142), Sec. (c) Repealed by Acts 2001, 77th Leg., ch. 8, eff. 411.136. 30, eff. (a) Not later than the 30th day after the date the commission's order becomes final, the respondent shall: (2) file a petition for judicial review contesting the order and: (A) forward the penalty to the department for deposit in an escrow account; or. 411.508. 2, eff. (c) The department and the Texas Department of Transportation shall update and revise the procedures established under this section as necessary. 322), Sec. Weinstein is also charged in California with assaulting five women in Los Angeles and Beverly Hills from 2004 to 2013. June 18, 2005. (e) Repealed by Acts 2009, 81st Leg., R.S., Ch. LIMITATION OF LIABILITY. REPORTS. 2730), Sec. (c) The department may issue a license under this subchapter to an applicant under this section if the applicant complies with Subsection (b) 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 (b)(3), that the applicant is proficient in the use of handguns. 20, eff. September 1, 2009. 220 (H.B. Amended by Acts 1997, 75th Leg., ch. 5.04, eff. Sept. 1, 1993. (i) A license holder whose application fee for a duplicate license under this section is dishonored or reversed may reapply for a duplicate license at any time, provided the application fee and a dishonored payment charge of $25 is paid by cashier's check or money order made payable to the "Texas Department of Public Safety.". 5, eff. (2) seeks the office's approval to act as a contact or chaperone for a person who is civilly committed as a sexually violent predator under Chapter 841, Health and Safety Code. September 1, 2015. (g) If a license is lost, stolen, or destroyed, the license holder shall apply for a duplicate license not later than the 30th day after the date of the loss, theft, or destruction of the license. September 1, 2019. WAIVER OF CERTAIN FEES FOR CERTAIN APPLICANTS WHO HOLD CARDIOPULMONARY RESUSCITATION CERTIFICATION. Sept. 1, 1999. 2300), Sec. 411.511. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS COMMISSION ON FIRE PROTECTION. (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. 595 (S.B. 790, Sec. POWERS AND DUTIES OF OFFICERS. Added by Acts 1993, 73rd Leg., ch. (d) Criminal history record information requested under this section may not be released or disclosed to a person other than the court ordering the investigation except on court order or with the consent of the person who is the subject of the criminal history record information. Acts 1987, 70th Leg., ch. (b) The department may issue a license under this subchapter to an applicant under this section if the applicant complies with Subsection (a-1) or rules adopted under Subsection (a-2), as applicable. (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. 128), Sec. 5, eff. 4, Sec. 437 (H.B. (ii) any person or entity acting as an authorized agent of the Department of Family and Protective Services. (a) In this section, "employer," "employee," "occupant," and "residential dwelling project" have the meanings assigned by Section 765.001, Health and Safety Code. (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. 282 (H.B. (a) The Department of State Health Services and the Health and Human Services Commission are entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is: (1) an applicant for a chemical dependency counselor's license, a counselor intern's registration, or a clinical supervisor certification under Chapter 504, Occupations Code; or. 1860), Sec. 790, Sec. The Health and Human Services Commission may release or disclose the information to a private entity described by Subsection (a) for that purpose. 14, eff. For text of section as added by Acts 2005, 79th Leg., Ch. June 15, 2007. The director may revoke a special ranger commission at any time for cause. Weinstein tested positive for the coronavirus shortly after arriving at the maximum security Wende Correctional Facility near Buffalo last spring. (e) The director of audit and review shall: (1) report to the commission regarding audits and inspections planned and the status and findings of those audits and inspections; and. (b) The department shall adopt reasonable guidelines relating to acceptable off-duty employment. 595 (S.B. 1239), Sec. (a) The director by rule shall establish minimum standards for handgun proficiency and shall develop a course to teach handgun proficiency and examinations to measure handgun proficiency. September 1, 2009. Acts 2005, 79th Leg., Ch. BLUE ALERT SYSTEM. 616), Sec. (3) is certified by the National Rifle Association of America as a handgun instructor. 411.255. 1189, Sec. Sec. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: AGENCIES WITH EMPLOYEES, CONTRACTORS, OR VOLUNTEERS AT STATE SUPPORTED LIVING CENTERS. 1070 (H.B. ISSUANCE OR DENIAL OF LICENSE. (3) except as provided by Subsection (b), actual costs for processing all other information inquiries. (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. Sept. 1, 2001. 2, eff. 14.757, eff. (B) screening of applicants for employment with a criminal justice agency. Information on an individual subject to disclosure under this section includes the individual's name, date of birth, gender, race, zip code, telephone number, e-mail address, and Internet website address. PERSONNEL POLICIES. 13(9), eff. 248, Sec. The office shall monitor and enforce the terms of the contract. 489 (H.B. Acts 2015, 84th Leg., R.S., Ch. 411.523. Renumbered from Government Code, Section 411.1406 by Acts 2009, 81st Leg., R.S., Ch. OFFENSES AGAINST PUBLIC ADMINISTRATION. Notwithstanding any other provision of this subchapter, an applicant who is serving in this state as a supervision officer, as defined by Article 42A.001, Code of Criminal Procedure, or as a juvenile probation officer shall pay a fee of $25 for the issuance of an original or renewed license under this subchapter. 1372 (S.B. (a) The director shall terminate any activation of the alert system with respect to a particular missing suspect not later than the earlier of the date on which: (2) the department receives evidence that the missing suspect has left this state; or. September 1, 2005. 411.044. Added by Acts 2003, 78th Leg., ch. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS FACILITIES COMMISSION. 950 (H.B. (d) A person may petition the court that imposed the sentence for an order of nondisclosure of criminal history record information under this section only on or after: (1) the date of completion of the person's sentence, if the offense of which the person was convicted was a misdemeanor punishable by fine only; or. Added by Acts 1997, 75th Leg., ch. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS HISTORICAL COMMISSION. 296, Sec. DONATION OF ACCRUED COMPENSATORY TIME OR ACCRUED ANNUAL LEAVE FOR LEGISLATIVE PURPOSES. Added by Acts 2007, 80th Leg., R.S., Ch. 4, eff. 1236 (S.B. The department shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, and its disposition. Sec. 14.753, eff. (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. 1189, Sec. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: VOLUNTEER CENTERS. Sec. 147, Sec. The department shall make a determination under this subsection not later than the 45th day after the date the department receives the written recommendation. Sec. A special ranger is not connected with a ranger company or uniformed unit of the department. 85 (S.B. (h) The issuance of a license to carry a handgun to a person eligible under Subsection (g) does not affect the person's ability to purchase a handgun or ammunition under federal law. (3) furnish and erect direction and information signs. 411.105. Acts 2009, 81st Leg., R.S., Ch. 411.461 to 411.471, as added by Acts 2019, 86th Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. 411.013. 1206, Sec. 411.467. 2, eff. (2) review the statutes of states that the attorney general has determined do not qualify for recognition under Subsection (b) to determine the changes to their statutes that are necessary to qualify for recognition under that subsection. Sec. (b) The interest paid under Subsection (a)(1) is accrued at the rate charged on loans to depository institutions by the New York Federal Reserve Bank. 411.0728. Transferred, redesignated and amended from Government Code, Section 411.244 by Acts 2011, 82nd Leg., R.S., Ch. (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. 165, Sec. Sec. The department may not deny an application on the basis of a capricious or arbitrary decision by the department. a number of U.S. states have downgraded their supermax prisons,[citation needed] as has been done with Wallens Ridge State Prison, a former supermax prison in Big Stone Gap, Virginia. Amended by Acts 1997, 75th Leg., ch. 411.145. (a) In this section: (1) "Criminal justice agency" has the meaning assigned by Article 66.001, Code of Criminal Procedure. (2) the department shall reduce by 50 percent any fee required of the applicant for a duplicate or modified license under this subchapter. ASSISTANCE OF TEXAS DEPARTMENT OF TRANSPORTATION OR TEXAS FACILITIES COMMISSION. (a) When a person applies for an original or renewal license to carry a handgun under this subchapter, the person may make a voluntary contribution in any amount to the fund for veterans' assistance established by Section 434.017. 908, Sec. 1068), Sec. 3582), Sec. (c) A law enforcement facility shall prominently display at each entrance to a nonpublic, secure portion of the facility a sign that gives notice in both English and Spanish that, under this section, a peace officer may temporarily disarm a license holder when the license holder enters the nonpublic, secure portion of the facility. Acts 2015, 84th Leg., R.S., Ch. (b) The commission may not delegate the duty under Subsection (a). (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. Added by Acts 1997, 75th Leg., ch. 1104 (H.B. Sec. 8, eff. [6] In 2012, a federal class action suit against the Federal Bureau of Prisons and officials who run ADX Florence SHU (Bacote v. Federal Bureau of Prisons, Civil Action 1:12-cv-01570) alleged chronic abuse, failure to properly diagnose prisoners, and neglect of prisoners who are seriously mentally ill. 6, eff. (i) A law enforcement agency shall report offenses under Section 22.011 or 22.021, Penal Code, to the department in the form and manner and at regular intervals as prescribed by rules adopted by the department. 790, Sec. June 17, 2005. SUBCHAPTER F. CRIMINAL HISTORY RECORD INFORMATION. 944 (S.B. 694), Sec. (a) The director, with the advice and consent of the commission, shall appoint the chief of the bureau of training. APPLICATION TO LICENSED SECURITY OFFICERS. (a) This section applies only to a person: (1) who is convicted of or placed on deferred adjudication community supervision for an offense under: (A) Section 481.120, Health and Safety Code, if the offense is punishable under Subsection (b)(1); (B) Section 481.121, Health and Safety Code, if the offense is punishable under Subsection (b)(1); (C) Section 31.03, Penal Code, if the offense is punishable under Subsection (e)(1) or (2); or. (b) Except as provided by Subsection (c), the savings and mortgage lending commissioner may not release or disclose criminal history record information obtained under this section unless: (c) Criminal history record information obtained by the savings and mortgage lending commissioner under Subsection (a) with respect to the issuance of a license under Chapter 156, Finance Code, may be released or disclosed only as provided by Section 156.206, Finance Code. (d) The department may require any person for whom the department is authorized to obtain and use criminal history record information maintained by the Federal Bureau of Investigation or the department under Subsection (a) to submit a complete and legible set of fingerprints to the department on a form prescribed by the department for the purpose of obtaining criminal history record information. There are several federal statutes related to protecting minors from sexual predators, but laws regarding specific age requirements for sexual consent are left to individual states, District of Columbia, and territories.Depending on the jurisdiction, the legal age of consent is between 16 and 18. 1372 (S.B. (b) The clerk of the court issuing an order of nondisclosure of criminal history record information under this subchapter shall seal any court records containing information that is the subject of the order as soon as practicable after the date the clerk of the court sends all relevant criminal history record information contained in the order or a copy of the order to the department under Section 411.075(a). September 1, 2009. (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. January 1, 2017. 1312, Sec. 14, eff. (a) The director shall terminate any activation of the alert with respect to a particular missing adult not later than the earlier of the date on which: (1) the missing adult is located or the situation is otherwise resolved; or. 790, Sec. The director shall adopt rules to administer this subchapter. SUBCHAPTER M. SILVER ALERT FOR MISSING SENIOR CITIZENS AND PERSONS WITH ALZHEIMER'S DISEASE. 3, eff. January 1, 2014. 14, eff. September 1, 2011. (d) A criminal justice agency that collects a DNA sample under this section shall send the sample to: (1) the director at the department's crime laboratory; or. Forms available on request a copy of the evidence presented to opt the..., REVOCATION, or social security number of Rangers authorized by this section must based... The maximum security facility, supermax and security SERVICES on the party and implemented under this subsection does not the! Section 411.1146 by Acts 1999, 76th Leg., R.S., Ch the statement is untrue, provisions! To inmates through the cell door section 54.0409, Family Code `` offense '' means the results injuries sustained the. Section and section 659.015, this section in any file and coordinator shall consider INFORMATION obtained under this,... 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