SUBCHAPTER A GENERAL PROVISIONS AND ADMINISTRATION
- Texas Section 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"...
- Texas Section 411.0011 - Certain Local Government Corporations Engaged In Criminal Identification Activities
For purposes of this chapter, a reference to "criminal justice agency" includes a local government corporation created under Subchapter D, Chapter 431, Transportation Code, for...
- Texas Section 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...
- Texas Section 411.003 - Public Safety Commission
(a) The Public Safety Commission controls the department. (b) The commission is composed of five citizens of this state appointed by the governor with the...
- Texas Section 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...
- Texas Section 411.0035 - Member And General Counsel Restriction
(a) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 411.0042 - Division Of Responsibilities
The commission shall develop and implement policies that clearly separate the policymaking responsibilities of the commission and the management responsibilities of the director and the...
- Texas Section 411.0043 - Technology Policy; Review
(a) The commission shall implement a policy requiring the department to use appropriate technological solutions to improve the department's ability to perform its functions. The...
- Texas Section 411.0044 - Negotiated Rulemaking And Alternative Dispute Resolution
(a) The commission shall develop and implement a policy to encourage the use of: (1) negotiated rulemaking procedures under Chapter 2008 for the adoption of...
- Texas Section 411.005 - Director, Deputy Directors, And Assistant Directors
(a) The commission shall appoint a citizen of the United States as public safety director. The director serves until removed by the commission. (b) The...
- Texas Section 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...
- Texas Section 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)...
- Texas Section 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....
- Texas Section 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...
- Texas Section 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...
- Texas Section 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)...
- Texas Section 411.00741 - Polygraph Examinations For Certain Officers And Employees
(a) The department may require a commissioned or noncommissioned officer or employee of the department to submit to the administration of a polygraph examination administered...
- Texas Section 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...
- Texas Section 411.00755 - Personnel Records Of Commissioned Officers
(a) In this section: (1) "Personnel record" includes any letter, memorandum, or document maintained by the department that relates to a commissioned officer of the...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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....
- Texas Section 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,...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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,...
- Texas Section 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...
- Texas Section 411.0097 - Transportation And Inspections Meeting With Representatives Of Mexican States
(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...
- Texas Section 411.0097 - Multicounty Drug Task Forces
(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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 411.0111 - Provision Of Certain Information To Comptroller
(a) Not later than June 1 of every fifth year, the department shall provide to the comptroller, for the purpose of assisting the comptroller in...
- Texas Section 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...
- Texas Section 411.013 - Expenditures, Donations, And Appropriations
(a) Repealed by Acts 1997, 75th Leg., ch. 1206, Sec. 28, eff. Sept. 1, 1997. (b) The department may accept donations of money and other...
- Texas Section 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...
- Texas Section 411.0132 - Use Of Funds To Support Peace Officer Training
The department, subject to director approval, may use appropriated funds to purchase food and beverages for training functions required of peace officers of the department....
- Texas Section 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)...
- Texas Section 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...
- Texas Section 411.0141 - Multiuse Training Facility
(a) The Texas Facilities Commission shall construct a multiuse training facility to be used by the department, the Texas military forces, county and municipal law...
- Texas Section 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...
- Texas Section 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...
- Texas Section 411.0161 - Donation Of Accrued Compensatory Time Or Accrued Annual Leave For Legislative Purposes
(a) The director shall allow a department employee to voluntarily transfer to a legislative leave pool up to eight hours of compensatory time or annual...
- Texas Section 411.0162 - Salaries For Certain Troopers
(a) Notwithstanding any other provision of law and subject to the availability of money appropriated for that purpose, the department may pay its employees classified...
- Texas Section 411.0163 - Hiring Officers With Previous Law Enforcement Experience
Notwithstanding any other provision of law, the department may, at the time a commissioned officer is hired, elect to credit up to four years of...
- Texas Section 411.0164 - 50-hour Workweek For Commissioned Officers
Notwithstanding any other law, the department may implement a 10-hour workday and 50-hour workweek for commissioned officers of the department. Added by Acts 2015, 84th...
- Texas Section 411.0165 - Veteran Applicants For Trooper Training
The department may accept a person applying to the department's trooper trainee academy if the person: (1) has served four or more years in the...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 411.0195 - Public Complaints
(a) The department shall maintain a system to promptly and efficiently act on complaints filed with the department. The department shall maintain information about parties...
- Texas Section 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,...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 411.0206 - Abatement Or Deferral For Victims Of Identity Theft
(a) In this section: (1) "License" means a license, certificate, permit, or other authorization issued by the department. (2) "Victim of identity theft" means an...
- Texas Section 411.0207 - Public Corruption Unit
(a) In this section, "organized criminal activity" means conduct that constitutes an offense under Section 71.02, Penal Code. (b) A public corruption unit is created...
- Texas Section 411.0208 - Statewide Program For The Prevention And Detection Of Certain Criminal Offenses
(a) The department may establish a program throughout this state for preventing and detecting: (1) the unlawful possession or the unlawful and imminent movement or...
- Texas Section 411.0208 - Reserve Officer Corps
(a) The commission may provide for the establishment of a reserve officer corps consisting of retired or previously commissioned officers of the department who retired...
SUBCHAPTER B TEXAS RANGERS
- Texas Section 411.0209 - Department Assistance At International Border Checkpoints
(a) To prevent the unlawful transfer of contraband from this state to the United Mexican States and other unlawful activity, the department shall implement a...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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,...
- Texas Section 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...
- Texas Section 411.0223 - Appointment Of Highest-ranking Officers
(a) Except as provided by Subsection (c), an officer is eligible for appointment by the director to chief of the Texas Rangers only if the...
- Texas Section 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...
SUBCHAPTER B-1 PUBLIC INTEGRITY UNIT
- Texas Section 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...
- Texas Section 411.0251 - Definitions
In this subchapter: (1) "Offense" means a prohibited act for which state law imposes a criminal or civil penalty. (2) "Prosecuting attorney" means a district...
- Texas Section 411.0252 - Offenses Against Public Administration
For purposes of this subchapter, the following are offenses against public administration: (1) an offense under Title 8, Penal Code, committed by a state officer...
- Texas Section 411.0253 - Public Integrity Unit
(a) The Texas Rangers division of the department shall establish and support a public integrity unit. (b) On receiving a formal or informal complaint regarding...
- Texas Section 411.0254 - Notification Regarding Disposition Of Case
The prosecuting attorney shall notify the public integrity unit of: (1) the termination of a case investigated by the public integrity unit; or (2) the...
- Texas Section 411.0255 - Recusal Of Prosecuting Attorney; Selection Of Prosecuting Attorney By Presiding Judge Of Administrative Judicial Region
(a) In this section, "judges" means the presiding judges of the administrative judicial regions. (b) A prosecuting attorney may request that the court with jurisdiction...
- Texas Section 411.0256 - Venue
Notwithstanding Chapter 13, Code of Criminal Procedure, or other law, if the defendant is a natural person, venue for prosecution of an offense against public...
- Texas Section 411.0257 - Residence
For the purposes of this subchapter, a person resides in the county where that person: (1) claims a residence homestead under Chapter 41, Property Code,...
- Texas Section 411.0258 - Cooperation Of State Agencies And Local Law Enforcement Agencies
(a) To the extent allowed by law, a state agency or local law enforcement agency shall cooperate with the public integrity unit and prosecuting attorney...
SUBCHAPTER C TEXAS HIGHWAY PATROL
- Texas Section 411.0259 - Subpoenas
(a) In connection with an investigation of an alleged offense against public administration, the public integrity unit may issue a subpoena to compel the production,...
- Texas Section 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...
SUBCHAPTER D ADMINISTRATIVE DIVISION
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 411.047 - Reporting Related To Certain Handgun Incidents Involving License Holders
(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...
- Texas Section 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...
- Texas Section 411.049 - Report Related To Certain Intoxication Offenses
(a) In this section, "offense relating to the operating of a motor vehicle while intoxicated" has the meaning assigned by Section 49.09, Penal Code. (b)...
- Texas Section 411.050 - Crime Statistic Mapping
The department, in conjunction with Texas State University, may annually produce maps of the state that include information regarding crime statistics correlated with the various...
- Texas Section 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...
- Texas Section 411.052 - Federal Firearm Reporting
(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...
- Texas Section 411.0521 - Report To Department Concerning Certain Persons' Access To Firearms
(a) The clerk of the court shall prepare and forward to the department the information described by Subsection (b) not later than the 30th day...
- Texas Section 411.053 - Preservation Of Evidence Containing Biological Material
(a) The department: (1) shall maintain a storage space for the preservation of evidence containing biological material that is delivered to the department under Article...
SUBCHAPTER D-1 CENTRAL INDEX OF CERTAIN ADDITIONAL OFFENSES SUSPECTED TO HAVE BEEN COMMITTED BY CRIMINAL DEFENDANTS
- Texas Section 411.054 - Incident-based Crime Statistics Reporting Goal
(a) The department shall establish a goal that, not later than September 1, 2019, all local law enforcement agencies: (1) will have implemented an incident-based...
- Texas Section 411.0601 - Definition
In this subchapter, "criminal justice agency" has the meaning assigned by Article 60.01, Code of Criminal Procedure. Added by Acts 2009, 81st Leg., R.S., Ch....
- Texas Section 411.0602 - Establishment Of Central Index; Entry Of Information
(a) In the law enforcement information system maintained by the department, the bureau of identification and records shall establish and maintain a central index to...
- Texas Section 411.0603 - Confidentiality And Dissemination Of Information In Central Index
(a) Information maintained by the department in the central index established under this subchapter is confidential. The department may not disseminate the information except as...
- Texas Section 411.0604 - Rules
The director shall adopt rules to implement and enforce this subchapter. Added by Acts 2009, 81st Leg., R.S., Ch. 1152 (H.B. 2932), Sec. 1, eff....
- Texas Section 411.0605 - Right To Request Notice Of Entry In Central Index
(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...
SUBCHAPTER E CAPITOL COMPLEX
- Texas Section 411.0606 - Right To Request Review Of Entry In Central Index
(a) On receipt by the bureau of identification and records of a written request that is submitted by a defendant described by Section 411.0602(a), that...
- Texas Section 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...
- Texas Section 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...
- Texas Section 411.0625 - Pass For Expedited Access To Capitol
(a) The department shall allow a person to enter the Capitol and the Capitol Extension, including any public space in the Capitol or Capitol Extension,...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER E-1 ORDER OF NONDISCLOSURE OF CRIMINAL HISTORY RECORD INFORMATION
- Texas Section 411.067 - Administrative Parking Violations
(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....
- Texas Section 411.071 - Definitions
In this subchapter, "criminal history record information," "criminal justice agency," and "criminal justice purpose" have the meanings assigned by Section 411.082. Added by Acts 2015,...
- Texas Section 411.0715 - Definition Of Deferred Adjudication Community Supervision For Purpose Of Receiving Order Of Nondisclosure
For purposes of an order of nondisclosure of criminal history record information under this subchapter, a person is considered to have been placed on deferred...
- Texas Section 411.072 - Procedure For Deferred Adjudication Community Supervision; Certain Nonviolent Misdemeanors
(a) This section applies only to a person who: (1) was placed on deferred adjudication community supervision under Section 5, Article 42.12, Code of Criminal...
- Texas Section 411.0725 - Procedure For Deferred Adjudication Community Supervision; Felonies And Certain Misdemeanors
(a) This section applies only to a person placed on deferred adjudication community supervision under Section 5, Article 42.12, Code of Criminal Procedure, who is...
- Texas Section 411.0728 - Procedure For Certain Victims Of Trafficking Of Persons
(a) This section applies only to a person who on conviction for an offense under Section 43.02, Penal Code, is placed on community supervision under...
- Texas Section 411.073 - Procedure For Community Supervision Following Conviction; Certain Misdemeanors
(a) This section applies only to a person placed on community supervision under Article 42.12, Code of Criminal Procedure: (1) following a conviction of a...
- Texas Section 411.0735 - Procedure For Conviction And Confinement; Certain Misdemeanors
(a) This section applies only to a person who: (1) is convicted of a misdemeanor other than a misdemeanor under Section 106.041, Alcoholic Beverage Code,...
- Texas Section 411.074 - Required Conditions For Receiving An Order Of Nondisclosure
Sec. 411.074. REQUIRED CONDITIONS FOR RECEIVING AN ORDER OF NONDISCLOSURE. Text of subsection effective until January 01, 2017 (a) A person may be granted an...
- Texas Section 411.0745 - Petition And Order
(a) A person who petitions the court for an order of nondisclosure of criminal history record information under this subchapter, when a petition is required,...
- Texas Section 411.075 - Procedure After Order
(a) Not later than the 15th business day after the date an order of nondisclosure of criminal history record information is issued under this subchapter,...
- Texas Section 411.0755 - Statement In Application For Employment, Information, Or Licensing
A person whose criminal history record information is the subject of an order of nondisclosure of criminal history record information issued under this subchapter is...
- Texas Section 411.076 - Disclosure By Court
(a) A court may not disclose to the public any information contained in the court records that is the subject of an order of nondisclosure...
- Texas Section 411.0765 - Disclosure By Criminal Justice Agency
(a) A criminal justice agency may disclose criminal history record information that is the subject of an order of nondisclosure of criminal history record information...
- Texas Section 411.077 - Disposition Of Fee; Department Of Public Safety Report
(a) The clerk of a court that collects a fee in connection with a petition or order for nondisclosure of criminal history record information under...
SUBCHAPTER F CRIMINAL HISTORY RECORD INFORMATION
- Texas Section 411.0775 - Admissibility And Use Of Certain Criminal History Record Information In Subsequent Criminal Proceeding
Notwithstanding any other law, criminal history record information that is related to a conviction and is the subject of an order of nondisclosure of criminal...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 411.0835 - Prohibition Against Dissemination To Certain Private Entities
If the department receives information indicating that a private entity that purchases criminal history record information from the department has been found by a court...
- Texas Section 411.084 - Use Of Criminal History Record Information
(a) Criminal history record information obtained from the department under this subchapter, including any identification information that could reveal the identity of a person about...
- Texas Section 411.0845 - Criminal History Clearinghouse
(a) The department shall establish an electronic clearinghouse and subscription service to provide criminal history record information to a particular person entitled to receive criminal...
- Texas Section 411.085 - Unauthorized Obtaining, Use, Or Disclosure Of Criminal History Record Information; Penalty
(a) A person commits an offense if the person knowingly or intentionally: (1) obtains criminal history record information in an unauthorized manner, uses the information...
- Texas Section 411.0851 - Duty Of Private Entity To Update Criminal History Record Information; Civil Liability
(a) A private entity that compiles and disseminates for compensation criminal history record information shall destroy and may not disseminate any information in the possession...
- Texas Section 411.086 - Rules
(a) The department shall adopt rules to administer this subchapter. (b) Rules adopted by the department: (1) shall provide for a uniform method of requesting...
- Texas Section 411.087 - Access To Criminal History Record Information Maintained By Federal Bureau Of Investigation Or Local Criminal Justice Agency
(a) Unless otherwise authorized by Subsection (e), a person, agency, department, political subdivision, or other entity that is authorized by this subchapter or Subchapter E-1...
- Texas Section 411.088 - Fees
(a) Except as otherwise provided by Subsection (a-1), the department may charge a person a fee for processing inquiries for criminal history record information. The...
- Texas Section 411.089 - Access To Criminal History Record Information: Criminal Justice Agency
(a) A criminal justice agency is entitled to obtain from the department any criminal history record information maintained by the department about a person. (b)...
- Texas Section 411.0891 - Department Access To Criminal History Record Information: Certain Departmental Authorizations
(a) Subject to Section 411.087, the department is authorized to obtain and use criminal history record information maintained by the Federal Bureau of Investigation or...
- Texas Section 411.090 - Access To Criminal History Record Information: State Board For Educator Certification
(a) The State Board for Educator Certification is entitled to obtain from the department any criminal history record information maintained by the department about a...
- Texas Section 411.0901 - Access To Criminal History Record Information: Texas Education Agency
(a) The Texas Education Agency is entitled to obtain criminal history record information maintained by the department about a person who: (1) is employed or...
- Texas Section 411.091 - Access To Criminal History Record Information: Texas Alcoholic Beverage Commission
(a) The Texas Alcoholic Beverage Commission is entitled to obtain from the department criminal history record information maintained by the department that the commission believes...
- Texas Section 411.0915 - Access To Criminal History Record Information Of Political Subdivisions: Texas Alcoholic Beverage Commission
The commission is entitled to receive criminal history record information, without charge, from any political subdivision of this state. Information obtained may only be used...
- Texas Section 411.092 - Access To Criminal History Record Information: Banking Commissioner
(a) The banking commissioner is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who...
- Texas Section 411.093 - Access To Criminal History Record Information: Texas Department Of Licensing And Regulation
The Texas Department of Licensing and Regulation is entitled to obtain from the department criminal history record information maintained the department that relates to a...
- Texas Section 411.094 - Access To Criminal History Record Information: Higher Education Entities; Security-sensitive Position
(a) In this section: (1) "Institution of higher education": (A) has the meaning assigned by Section 61.003, Education Code; or (B) means a private institution...
- Texas Section 411.0945 - Access To Criminal History Record Information: Public Institution Of Higher Education; On-campus Student Housing
(a) In this section, "institution of higher education" has the meaning assigned by Section 61.003, Education Code. (b) An institution of higher education is entitled...
- Texas Section 411.095 - Access To Criminal History Record Information: Consumer Credit Commissioner
(a) The consumer credit commissioner is entitled to obtain from the department criminal history record information that relates to a person who is: (1) an...
- Texas Section 411.096 - Access To Criminal History Record Information: Texas Racing Commission
(a) The Texas Racing Commission is entitled to obtain from the department criminal history record information maintained by the department that pertains to a person...
- Texas Section 411.097 - Access To Criminal History Record Information: Local And Regional Educational Entities
(a) A school district, charter school, private school, regional education service center, commercial transportation company, or education shared services arrangement, or an entity that contracts...
- Texas Section 411.0971 - Access To Criminal History Record Information: Teacher Retirement System Of Texas
(a) The Teacher Retirement System of Texas is entitled to obtain from the department, the Federal Bureau of Investigation Criminal Justice Information Services Division, or...
- Texas Section 411.098 - Access To Criminal History Record Information: Texas School For The Blind And Visually Impaired
(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,...
- Texas Section 411.099 - Access To Criminal History Record Information: Texas State Board Of Medical Examiners
The Texas State Board of Medical Examiners is entitled to obtain from the department criminal history record information maintained by the department that relates to...
- Texas Section 411.0995 - Access To Criminal History Record Information: State Board Of Veterinary Medical Examiners
The State Board of Veterinary Medical Examiners is entitled to obtain from the department criminal history record information maintained by the department that relates to...
- Texas Section 411.100 - Access To Criminal History Record Information: Board Of Law Examiners
(a) The Board of Law Examiners is entitled to obtain from the department criminal history record information maintained by the department that relates to a...
- Texas Section 411.1005 - Access To Criminal History Record Information: State Bar Of Texas
(a) The general counsel of the State Bar of Texas is entitled to obtain from the department criminal history record information maintained by the department...
- Texas Section 411.102 - Access To Criminal History Record Information: Mcgruff House Program
(a) In this section: (1) "McGruff House" means a house that has been designated as a temporary haven for school-age children by a McGruff House...
- Texas Section 411.103 - Access To Criminal History Record Information: Child Watch Program
(a) In this section, "child watch program" means a program organized by a local civic organization with the cooperation of a school district to protect...
- Texas Section 411.104 - Access To Criminal History Record Information: Texas Workforce Commission; Security Sensitive Positions
(a) In this section, "security sensitive position" has the meaning assigned by Section 301.042(c), Labor Code. (b) The Texas Workforce Commission is entitled to obtain...
- Texas Section 411.1041 - Access To Criminal History Record Information: Texas Workforce Commission; Vocational Rehabilitation And Other Services
(a) The Texas Workforce Commission, in connection with the administration of vocational rehabilitation services and other services and programs under Subtitle C, Title 4, Labor...
- Texas Section 411.105 - Access To Criminal History Record Information: Texas State Board Of Public Accountancy
The Texas State Board of Public Accountancy is entitled to obtain from the department criminal history record information maintained by the department that relates to...
- Texas Section 411.106 - Access To Criminal History Record Information: Texas Department Of Insurance
(a) The Texas Department of Insurance for good cause shown is entitled to obtain from the department criminal history record information maintained by the department...
- Texas Section 411.107 - Access To Criminal History Record Information: Receiver
(a) In this section, "receiver" has the meaning assigned by Article 21.28, Insurance Code. (b) A receiver is entitled to obtain from the department criminal...
- Texas Section 411.108 - Access To Criminal History Record Information: Texas Lottery Commission
(a) The Texas Lottery Commission is entitled to obtain from the department criminal history record information maintained by the department that relates to a person...
- Texas Section 411.109 - Access To Criminal History Record Information: Comptroller
(a) The comptroller is entitled to obtain from the department criminal history record information maintained by the department that the comptroller believes is necessary for...
- Texas Section 411.110 - Access To Criminal History Record Information: Department Of State Health Services
(a) The Department of State Health Services is entitled to obtain from the department criminal history record information maintained by the department that relates to:...
- Texas Section 411.1103 - Access To Criminal History Record Information: Department Of State Health Services
(a) The Department of State Health Services is entitled to obtain from the department criminal history record information maintained by the department that relates to...
- Texas Section 411.1105 - Access To Criminal History Record Information: Department Of State Health Services
(a) The Department of State Health Services is entitled to obtain from the department criminal history record information maintained by the department that relates to...
- Texas Section 411.1106 - Access To Criminal History Record Information: Health And Human Services Commission
(a) In this section, "commission" means the Health and Human Services Commission. (b) The executive commissioner of the commission, or the executive commissioner's designee, is...
- Texas Section 411.111 - Access To Criminal History Record Information: District Court; Name Changes
A district court is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is:...
- Texas Section 411.112 - Access To Criminal History Record Information: Texas Commission On Law Enforcement
The Texas Commission on Law Enforcement is entitled to obtain from the department criminal history record information maintained by the department that relates to a...
- Texas Section 411.113 - Access To Criminal History Record Information: Texas School For The Deaf
(a) The Texas School for the Deaf is entitled to obtain criminal history record information maintained by the Department of Public Safety, the Federal Bureau...
- Texas Section 411.1131 - Access To Criminal History Record Information: Department Of Assistive And Rehabilitative Services
(a) The Department of Assistive and Rehabilitative Services is entitled to obtain from the department criminal history record information maintained by the department that relates...
- Texas Section 411.114 - Access To Criminal History Record Information: Department Of Family And Protective Services
(a)(1) In this subsection: (A) "Child," "child-care facility," "child-placing agency," and "family home" have the meanings assigned by Section 42.002, Human Resources Code. (B) "Elderly...
- Texas Section 411.1141 - Access To Criminal History Record Information: Texas Juvenile Justice Department
(a) The Texas Juvenile Justice Department is entitled to obtain from the department criminal history record information maintained by the department that relates to: (1)...
- Texas Section 411.1142 - Access To Criminal History Record: Interagency Council On Early Childhood Intervention
(a) The Interagency Council on Early Childhood Intervention is entitled to obtain criminal history record information maintained by the Department of Public Safety, the Federal...
- Texas Section 411.1143 - Access To Criminal History Record Information; Agencies Operating Part Of Medical Assistance Program
(a) The Health and Human Services Commission, an agency operating part of the medical assistance program under Chapter 32, Human Resources Code, or the office...
- Texas Section 411.1144 - Access To Criminal History Record Information: Agencies With Employees, Contractors, Or Volunteers At State Supported Living Centers
(a) The Department of State Health Services, the Department of Aging and Disability Services, and the Health and Human Services Commission are entitled to obtain...
- Texas Section 411.1145 - Access To Criminal History Record Information: State Preservation Board
(a) The State Preservation Board is entitled to obtain criminal history record information maintained by the department that relates to a person who is an...
- Texas Section 411.1146 - Access To Criminal History Record Information: Department Of Agriculture
(a) The Department of Agriculture is entitled to obtain criminal history record information maintained by the Department of Public Safety that relates to a person...
- Texas Section 411.1147 - Access To Criminal History Record Information: Texas Historical Commission
(a) The Texas Historical Commission is entitled to obtain criminal history record information maintained by the department or the identification division of the Federal Bureau...
- Texas Section 411.115 - Access To Criminal History Record Information: Texas Department Of Mental Health And Mental Retardation; Local Authorities; Community Centers
(a) In this section, "local mental health authority," "local mental retardation authority," and "community center" have the meanings assigned by Section 531.002, Health and Safety...
- Texas Section 411.116 - Access To Criminal History Record Information: Organization Providing Certain Nurse Aides
(a) In this section: (1) "Facility" has the meaning assigned by Section 106.001, Human Resources Code. (2) "Nurse aide" has the meaning assigned by Chapter...
- Texas Section 411.117 - Access To Criminal History Record Information: Department Of Assistive And Rehabilitative Services
The Department of Assistive and Rehabilitative Services is entitled to obtain from the department criminal history record information maintained by the department that relates to...
- Texas Section 411.118 - Access To Criminal History Record Information: Employer At Residential Dwelling Project
(a) In this section, "employer," "employee," "occupant," and "residential dwelling project" have the meanings assigned by Section 765.001, Health and Safety Code. (b) An employer...
- Texas Section 411.1181 - Access To Criminal History Record Information; Applicants For Employment
(a) In this section, "in-home service company" and "residential delivery company" have the meanings assigned by Section 145.001, Civil Practice and Remedies Code. (b) An...
- Texas Section 411.1182 - Access To Criminal History Record Information: Commercial Nuclear Power Plant Licensees
(a) A commercial nuclear power plant licensee and its contractors, for security reasons and consistent with requirements of the United States Nuclear Regulatory Commission, are...
- Texas Section 411.119 - Access To Criminal History Record Information: Texas Commission On Private Security
The Texas Commission on Private Security is entitled to obtain from the department criminal history record information maintained by the department, including information maintained under...
- Texas Section 411.120 - Access To Criminal History Record Information: County Judge; Certain Applicants
(a) The county judge of a county is entitled to obtain from the department criminal history record information maintained by the department that relates to...
- Texas Section 411.121 - Access To Criminal History Record Information: Adjutant General
(a) In this section: (1) "Adjutant general" has the meaning assigned by Section 437.001. (2) "State military forces" has the meaning assigned by Section 437.001....
- Texas Section 411.1211 - Access To Criminal History Record Information: Texas Veterans Commission
(a) The Texas Veterans Commission is entitled to obtain from the department, the Federal Bureau of Investigation Criminal Justice Information Services Division, or another law...
- Texas Section 411.122 - Access To Criminal History Record Information: Licensing Or Regulatory Agency
(a) Except as provided by Subsection (c)(2), an agency of this state listed in Subsection (d) or a political subdivision of this state covered by...
- Texas Section 411.123 - Access To Criminal History Record Information: Municipal Fire Department
(a) A fire department that is operated by a municipality in this state is entitled to obtain from the department criminal history record information maintained...
- Texas Section 411.1235 - Access To Criminal History Record Information: Volunteer Fire Departments
(a) A volunteer fire department or a fire department operated by an emergency services district is entitled to obtain from the department criminal history record...
- Texas Section 411.1236 - Access To Criminal History Record Information: Texas Commission On Fire Protection
(a) The Texas Commission on Fire Protection is entitled to obtain from the department criminal history record information maintained by the department that relates to...
- Texas Section 411.1237 - Access To Criminal History Record Information: County Fire Marshals; County Sheriffs
(a) On request of the department chief or chief executive of a fire department or an emergency medical services provider for an unincorporated area, a...
- Texas Section 411.124 - Access To Criminal History Record Information: Political Subdivisions; Public Transportation Drivers
(a) A political subdivision of this state that employs, licenses, or regulates drivers of public transportation vehicles is entitled to obtain from the department or...
- Texas Section 411.125 - Access To Criminal History Record Information: Texas Board Of Nursing
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...
- Texas Section 411.126 - Access To Criminal History Record Information: Volunteer Centers
(a) In this section: (1) "Volunteer center" means a nonprofit, tax-exempt organization: (A) whose primary purpose is to recruit and refer individual volunteers for other...
- Texas Section 411.127 - Access To Criminal History Record Information: Applicants For Employment And Contractors
(a) The Title IV-D agency is entitled to obtain from the Department of Public Safety, the Federal Bureau of Investigation identification division, or another law...
- Texas Section 411.1271 - Access To Criminal History Record Information: Office Of The Attorney General
(a) The office of the attorney general is entitled to obtain from the Department of Public Safety, the Federal Bureau of Investigation identification division, or...
- Texas Section 411.1272 - Access To Criminal History Record Information: Office Of Capital And Forensic Writs And Public Defender's Offices
The office of capital and forensic writs and a public defender's office are entitled to obtain from the department criminal history record information maintained by...
- Texas Section 411.128 - Access To Criminal History Record Information: Person Seeking To Adopt Child
(a) A person seeking to adopt a child under Chapter 162, Family Code, who is ordered by the court to obtain the person's own criminal...
- Texas Section 411.1285 - Access To Criminal History Record Information: Domestic Relations Office
(a) A domestic relations office created under Chapter 203, Family Code, is entitled to obtain from the department criminal history record information that relates to...
- Texas Section 411.1286 - Access To Criminal History Record Information: County Commissioners Courts; County Child Welfare Board Members
The commissioners court of a county is entitled to obtain from the department criminal history record information maintained by the department that relates to a...
- Texas Section 411.129 - Access To Criminal History Record Information: Employment By Municipality
(a) Except as provided by Subsection (b), a municipality is entitled to obtain from the department criminal history record information maintained by the department that...
- Texas Section 411.1295 - Access To Criminal History Record Information: Employment By County
(a) Except as provided by Subsection (b), a county is entitled to obtain from the department criminal history record information maintained by the department that...
- Texas Section 411.1296 - Access To Criminal History Record Information: Employment By Appraisal District And Appointment To Appraisal Review Board
(a) Except as provided by Subsection (b), an appraisal district established by Section 6.01, Tax Code, is entitled to obtain from the department criminal history...
- Texas Section 411.130 - Access To Criminal History Record Information; Crime Victims' Institute
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...
- Texas Section 411.1301 - Access To Criminal History Record Information: Certain Local Government Corporations Engaged In Criminal Identification Activities
(a) This section applies only to a local government corporation that is created under Subchapter D, Chapter 431, Transportation Code, for governmental purposes relating to...
- Texas Section 411.131 - Access To Criminal History Record Information: Safe Houses
(a) In this section: (1) "Safe house" means a nonprofit organization: (A) whose primary purpose is to provide temporary shelter for children avoiding harmful situations;...
- Texas Section 411.132 - Access To Criminal History Record Information: State Auditor
(a) The state auditor is entitled to obtain from the department criminal history record information for purposes of: (1) performing risk assessment in devising the...
- Texas Section 411.133 - Access To Criminal History Record Information: Regional Tollway Authorities
(a) A regional tollway authority governed by Chapter 366, Transportation Code, is entitled to obtain from the department criminal history record information maintained by the...
- Texas Section 411.134 - Criminal History Record Information: Texas State Library And Archives Commission
(a) In this section: (1) "Commission" means the Texas State Library and Archives Commission. (2) "Security-sensitive position" means a position of employment with the Texas...
- Texas Section 411.135 - Access To Certain Information By Public
(a) Any person is entitled to obtain from the department: (1) any information described as public information under Chapter 62, Code of Criminal Procedure, including,...
- Texas Section 411.136 - Access To Criminal History Record Information: Certain Hospitals And Hospital Districts
(a) In this section: (1) "Public hospital" means a hospital that is owned, operated, or leased by a county, municipality, or hospital authority. (2) "Nonprofit...
- Texas Section 411.138 - Access To Criminal History Record Information: Juvenile Board Or Juvenile Probation Department
A juvenile board or juvenile probation department is entitled to obtain from the department criminal history record information maintained by the department that relates to...
- Texas Section 411.1385 - Access To Criminal History Record Information: Savings And Mortgage Lending Commissioner
(a) The savings and mortgage lending commissioner is entitled to obtain from the department criminal history record information maintained by the department that relates to...
- Texas Section 411.1386 - Access To Criminal History Record Information: Court Clerk; Department Of Aging And Disability Services; Guardianships
(a) Except as provided by Subsections (a-1), (a-5), and (a-6), the clerk of the county having venue over a proceeding for the appointment of a...
- Texas Section 411.13861 - Access To Criminal History Record Information: Department Of Aging And Disability Services
(a) The Department of Aging and Disability Services is entitled to obtain from the Department of Public Safety criminal history record information maintained by the...
- Texas Section 411.1387 - Access To Criminal History Record Information: Facility, Regulatory Agency, Or Private Agency
(a) In this section, "facility," "regulatory agency," and "private agency" have the meanings assigned by Section 250.001, Health and Safety Code. (b) A regulatory agency...
- Texas Section 411.1388 - Access To Criminal History Record Information: Interagency Council On Sex Offender Treatment
(a) The Council on Sex Offender Treatment is entitled to obtain from the department criminal history record information maintained by the department that relates to...
- Texas Section 411.1389 - Access To Criminal History Record Information: Texas Civil Commitment Office
(a) The Texas Civil Commitment Office is entitled to obtain from the department criminal history record information that is maintained by the department and that...
- Texas Section 411.139 - Access To Criminal History Record Information: State Securities Board
(a) The securities commissioner is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who...
- Texas Section 411.1391 - Access To Criminal History Record Information: Texas Facilities Commission
(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...
- Texas Section 411.140 - Access To Criminal History Record Information: State Commission On Judicial Conduct
(a) The State Commission on Judicial Conduct is entitled to obtain from the department criminal history record information maintained by the department that relates to...
- Texas Section 411.1401 - Access To Criminal History Record Information: Programs Providing Activities For Children
(a) In this section, "activity provider" means a nonprofit program that includes as participants or recipients persons who are younger than 17 years of age...
- Texas Section 411.1402 - Access To Criminal History Record Information: Employees Retirement System Of Texas
(a) The Employees Retirement System of Texas is entitled to obtain from the department, the Federal Bureau of Investigation Criminal Justice Information Services Division, or...
- Texas Section 411.1404 - Access To Criminal History Record Information: Department Of Information Resources
(a) The Department of Information Resources is entitled to obtain from the department or the identification division of the Federal Bureau of Investigation the criminal...
- Texas Section 411.1405 - Access To Criminal History Record Information: State Agencies; Information Technology Employees
(a) In this section: (1) "Information resources" and "information resources technologies" have the meanings assigned by Section 2054.003. (2) "State agency" means a department, commission,...
- Texas Section 411.1406 - Access To Criminal History Record Information: County Attorney In County With Population Of 3
Sec. 411.1406. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: COUNTY ATTORNEY IN COUNTY WITH POPULATION OF 3.3 MILLION OR MORE. A county attorney in a county...
- Texas Section 411.14065 - Access To Criminal History Record Information: County Tax Assessor-collector
A county tax assessor-collector in a county described by Section 520.052, Transportation Code, is entitled to obtain from the department criminal history record information maintained...
- Texas Section 411.1407 - Access To Criminal History Record Information: Credit Union Department
(a) The credit union commissioner is entitled to obtain from the department criminal history record information maintained by the department that relates to a person...
- Texas Section 411.1408 - Access To Criminal History Record Information: Judicial Branch Certification Commission
(a) In this section, "commission" means the Judicial Branch Certification Commission established under Chapter 152. (b) The commission is entitled to obtain from the department...
- Texas Section 411.1409 - Access To Criminal History Information: Appellate Courts
(a) In this section, "appellate court" means the Supreme Court of Texas, the Texas Court of Criminal Appeals, or a court of appeals. (b) An...
SUBCHAPTER G DNA DATABASE SYSTEM
- Texas Section 411.1410 - Access To Criminal History Record Information: United States Armed Forces
(a) In this section, "agency of the United States armed forces" means the United States Army, the United States Navy, the United States Marine Corps,...
- Texas Section 411.141 - Definitions
In this subchapter: (1) "CODIS" means the FBI's Combined DNA Index System. The term includes the national DNA index system sponsored by the FBI. (2)...
- Texas Section 411.142 - Dna Database
(a) The director shall record DNA data and establish and maintain a computerized database that serves as the central depository in the state for DNA...
- Texas Section 411.143 - Purposes
(a) The principal purpose of the DNA database is to assist a federal, state, or local criminal justice agency in the investigation or prosecution of...
- Texas Section 411.144 - Regulation Of Dna Laboratories; Penalties
(a) The director by rule shall establish procedures for a DNA laboratory or criminal justice agency in the collection, preservation, shipment, analysis, and use of...
- Texas Section 411.145 - Fees
(a) The director may collect a reasonable fee under this subchapter for: (1) the DNA analysis of a DNA sample submitted voluntarily to the director;...
- Texas Section 411.146 - Dna Samples
(a) The director may not accept a DNA record or DNA sample collected from an individual who at the time of collection is alive, unless...
- Texas Section 411.147 - Access To Dna Database Information
(a) The director by rule shall establish procedures: (1) to prevent unauthorized access to the DNA database; and (2) to release from the DNA database...
- Texas Section 411.1471 - Dna Records Of Persons Arrested For, Charged With, Or Convicted Of Certain Offenses
(a) This section applies to a defendant who is: (1) indicted or waives indictment for a felony prohibited or punishable under any of the following...
- Texas Section 411.1473 - Dna Records Of Certain Registered Sex Offenders
(a) This section applies only to a person who is required to register under Chapter 62, Code of Criminal Procedure. (b) The department by rule...
- Texas Section 411.148 - Mandatory Dna Record
(a) This section applies to: (1) an individual, other than a juvenile, who is: (A) ordered by a magistrate or court to provide a DNA...
- Texas Section 411.149 - Voluntary Dna Record
An individual, including an individual required to provide a DNA sample under this subchapter, may at any time voluntarily provide or cause to be provided...
- Texas Section 411.151 - Expunction Or Removal Of Dna Records
(a) The director shall expunge a DNA record of an individual from a DNA database if the person: (1) notifies the director in writing that...
- Texas Section 411.152 - Rules
(a) The director may adopt rules permitted by this subchapter that are necessary to administer or enforce this subchapter but shall adopt a rule expressly...
- Texas Section 411.153 - Confidentiality Of Dna Records
(a) A DNA record stored in the DNA database is confidential and is not subject to disclosure under the public information law, Chapter 552. (b)...
SUBCHAPTER H LICENSE TO CARRY A HANDGUN
- Texas Section 411.154 - Enforcement By Court Order
(a) On the request of the director, a district or county attorney or the attorney general may petition a district court for an order requiring...
- Texas Section 411.171 - Definitions
In this subchapter: (1) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1302, Sec. 14(1), eff. June 14, 2013. (2) "Chemically dependent person" means a...
- Texas Section 411.1711 - Certain Exemptions From Convictions
A person is not convicted, as that term is defined by Section 411.171, if an order of deferred adjudication was entered against the person on...
- Texas Section 411.172 - Eligibility
(a) A person is eligible for a license to carry a handgun if the person: (1) is a legal resident of this state for the...
- Texas Section 411.173 - Nonresident License
Sec. 411.173. NONRESIDENT LICENSE. (a) The department by rule shall establish a procedure for a person who meets the eligibility requirements of this subchapter other...
- Texas Section 411.174 - Application
(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...
- Texas Section 411.1741 - Voluntary Contribution To Fund For Veterans' Assistance
(a) When a person applies for an original or renewal license to carry a concealed handgun under this subchapter, the person may make a voluntary...
- Texas Section 411.175 - Procedures For Submitting Fingerprints
The department shall establish procedures for the submission of legible and classifiable fingerprints by an applicant for a license under this subchapter who: (1) is...
- Texas Section 411.176 - Review Of Application Materials
(a) On receipt of application materials by the department at its Austin headquarters, the department shall conduct the appropriate criminal history record check of the...
- Texas Section 411.177 - Issuance Or Denial Of License
(a) The department shall issue a license to carry a handgun to an applicant if the applicant meets all the eligibility requirements and submits all...
- Texas Section 411.178 - Notice To Local Law Enforcement
On request of a local law enforcement agency, the department shall notify the agency of the licenses that have been issued to license holders who...
- Texas Section 411.179 - Form Of License
(a) The department by rule shall adopt the form of the license. A license must include: (1) a number assigned to the license holder by...
- Texas Section 411.180 - Notification Of Denial, Revocation, Or Suspension Of License; Review
(a) The department shall give written notice to each applicant for a handgun license of any denial, revocation, or suspension of that license. Not later...
- Texas Section 411.181 - Notice Of Change Of Address Or Name
Sec. 411.181. NOTICE OF CHANGE OF ADDRESS OR NAME. (a) If a person who is a current license holder moves from any residence address stated...
- Texas Section 411.182 - Notice
(a) For the purpose of a notice required by this subchapter, the department may assume that the address currently reported to the department by the...
- Texas Section 411.183 - Expiration
(a) A license issued under this subchapter expires on the first birthday of the license holder occurring after the fourth anniversary of the date of...
- Texas Section 411.185 - License Renewal Procedure
Sec. 411.185. LICENSE RENEWAL PROCEDURE. (a) To renew a license, a license holder must, on or before the date the license expires, submit to the...
- Texas Section 411.186 - Revocation
(a) The department shall revoke a license under this section if the license holder: (1) was not entitled to the license at the time it...
- Texas Section 411.187 - Suspension Of License
(a) The department shall suspend a license under this section if the license holder: (1) is charged with the commission of a Class A or...
- Texas Section 411.1871 - Notice Of Suspension Or Revocation Of Certain Licenses
The department shall notify the Texas Commission on Law Enforcement Officer Standards and Education if the department takes any action against the license of a...
- Texas Section 411.188 - Handgun Proficiency Requirement
(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...
- Texas Section 411.1881 - Exemption From Instruction For Certain Persons
(a) Notwithstanding any other provision of this subchapter, a person may not be required to complete the range instruction portion of a handgun proficiency course...
- Texas Section 411.1882 - Evidence Of Handgun Proficiency For Certain Persons
Sec. 411.1882. EVIDENCE OF HANDGUN PROFICIENCY FOR CERTAIN PERSONS. (a) A person who is serving in this state as a judge or justice of a...
- Texas Section 411.190 - Qualified Handgun Instructors
(a) The director may certify as a qualified handgun instructor a person who: (1) is certified by the Texas Commission on Law Enforcement or under...
- Texas Section 411.1901 - School Safety Certification For Qualified Handgun Instructors
(a) The department shall establish a process to enable qualified handgun instructors certified under Section 411.190 to obtain an additional certification in school safety. The...
- Texas Section 411.191 - Review Of Denial, Revocation, Or Suspension Of Certification As Qualified Handgun Instructor
The procedures for the review of a denial, revocation, or suspension of a license under Section 411.180 apply to the review of a denial, revocation,...
- Texas Section 411.192 - Confidentiality Of Records
(a) The department shall disclose to a criminal justice agency information contained in its files and records regarding whether a named individual or any individual...
- Texas Section 411.193 - Statistical Report
The department shall make available, on request and payment of a reasonable fee to cover costs of copying, a statistical report that includes the number...
- Texas Section 411.194 - Reduction Of Fees Due To Indigency
(a) Notwithstanding any other provision of this subchapter, the department shall reduce by 50 percent any fee required for the issuance of an original, duplicate,...
- Texas Section 411.195 - Reduction Of Fees For Senior Citizens
Notwithstanding any other provision of this subchapter, the department shall reduce by 50 percent any fee required for the issuance of an original, duplicate, modified,...
- Texas Section 411.1951 - Waiver Or Reduction Of Fees For Members Or Veterans Of United States Armed Forces
(a) In this section, "veteran" means a person who: (1) has served in: (A) the army, navy, air force, coast guard, or marine corps of...
- Texas Section 411.1952 - Reduction Of Fees For Employees Of Texas Department Of Criminal Justice
Notwithstanding any other provision of this subchapter, an applicant who is a correctional officer of the Texas Department of Criminal Justice shall pay a fee...
- Texas Section 411.1953 - Reduction Of Fees For Community Supervision And Corrections Department Officers And Juvenile Probation Officers
Notwithstanding any other provision of this subchapter, an applicant who is serving in this state as a supervision officer, as defined by Section 2, Article...
- Texas Section 411.196 - Method Of Payment
A person may pay a fee required by this subchapter by cash, credit card, personal check, cashier's check, or money order. A person who pays...
- Texas Section 411.197 - Rules
The director shall adopt rules to administer this subchapter. Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997.
- Texas Section 411.198 - Law Enforcement Officer Alias Handgun License
(a) On written approval of the director, the department may issue to a law enforcement officer an alias license to carry a handgun to be...
- Texas Section 411.199 - Honorably Retired Peace Officers
(a) A person who is licensed as a peace officer under Chapter 1701, Occupations Code, and who has been employed full-time as a peace officer...
- Texas Section 411.1991 - Peace Officers
Sec. 411.1991. PEACE OFFICERS. (a) A person who is licensed as a peace officer under Chapter 1701, Occupations Code, and employed as a peace officer...
- Texas Section 411.1992 - Former Reserve Law Enforcement Officers
(a) A person who served as a reserve law enforcement officer, as defined by Section 1701.001, Occupations Code, not less than a total of 15...
- Texas Section 411.200 - Application To Licensed Security Officers
This subchapter does not exempt a license holder who is also employed as a security officer and licensed under Chapter 1702, Occupations Code, from the...
- Texas Section 411.201 - Active And Retired Judicial Officers
(a) In this section: (1) "Active judicial officer" means: (A) a person serving as a judge or justice of the supreme court, the court of...
- Texas Section 411.202 - License A Benefit
The issuance of a license under this subchapter is a benefit to the license holder for purposes of those sections of the Penal Code to...
- Texas Section 411.203 - Rights Of Employers
This subchapter does not prevent or otherwise limit the right of a public or private employer to prohibit persons who are licensed under this subchapter...
- Texas Section 411.2031 - Carrying Of Handguns By License Holders On Certain Campuses
(a) For purposes of this section: (1) "Campus" means all land and buildings owned or leased by an institution of higher education or private or...
- Texas Section 411.2032 - Transportation And Storage Of Firearms And Ammunition By License Holders In Private Vehicles On Certain Campuses
(a) For purposes of this section: (1) "Campus" means all land and buildings owned or leased by an institution of higher education or private or...
- Texas Section 411.204 - Notice Required On Certain Premises
(a) A business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, and that derives 51...
- Texas Section 411.205 - Requirement To Display License
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...
- Texas Section 411.206 - Seizure Of Handgun And License
(a) If a peace officer arrests and takes into custody a license holder who is carrying a handgun under the authority of this subchapter, the...
- Texas Section 411.207 - Authority Of Peace Officer To Disarm
(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...
- Texas Section 411.208 - Limitation Of Liability
Sec. 411.208. LIMITATION OF LIABILITY. Text of subsection effective until August 01, 2016 (a) A court may not hold the state, an agency or subdivision...
SUBCHAPTER I INTERNAL OVERSIGHT
- Texas Section 411.209 - Wrongful Exclusion Of Concealed Handgun License Holder
(a) A state agency or a political subdivision of the state may not provide notice by a communication described by Section 30.06, Penal Code, or...
- Texas Section 411.241 - Office Of Audit And Review
The commission shall establish the office of audit and review. The office shall coordinate activities designed to promote effectiveness in departmental operations and to keep...
- Texas Section 411.242 - Director Of Audit And Review
(a) The commission shall appoint the director of the office of audit and review. The director of audit and review serves until removed by the...
SUBCHAPTER I-1 OFFICE OF INSPECTOR GENERAL
- Texas Section 411.243 - Powers And Duties
(a) The office of audit and review shall: (1) independently and objectively inspect all divisions of the department to: (A) ensure that operations are conducted...
- Texas Section 411.251 - Establishment And Purpose
(a) The commission shall establish the office of inspector general. (b) The office of inspector general is responsible for: (1) acting to prevent and detect...
- Texas Section 411.252 - Oversight Of Investigations
(a) The office of inspector general has departmental jurisdiction for oversight and coordination over all investigations occurring on department property or involving department employees. (b)...
- Texas Section 411.253 - Initiation Of Investigations
The office of inspector general may only initiate an investigation based on: (1) authorization from the commission; (2) approval of the inspector general or deputy...
- Texas Section 411.254 - Commission Appointment And Oversight
(a) The commission shall appoint the inspector general and may appoint a deputy inspector general. The inspector general serves until removed by the commission. (b)...
- Texas Section 411.255 - Reports
(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...
SUBCHAPTER J UNSOLVED CRIMES INVESTIGATION PROGRAM
- Texas Section 411.256 - Authority Of State Auditor
This chapter or other law related to the operation of the department's office of inspector general does not preempt the authority of the state auditor...
- Texas Section 411.261 - Definitions
In this subchapter: (1) "Attorney representing the state" means a district attorney, criminal district attorney, or county attorney performing the duties of a district attorney....
- Texas Section 411.262 - Unsolved Crimes Investigation Program
(a) The unsolved crimes investigation program is an investigative program within the department. (b) The program is a function of the Texas Rangers and will...
SUBCHAPTER K DEPARTMENT OF PUBLIC SAFETY HISTORICAL MUSEUM AND RESEARCH CENTER
- Texas Section 411.263 - Assistance On Request
On the request of an attorney representing the state and with the approval of the director, employees of the unsolved crimes investigation program of the...
- Texas Section 411.281 - Definition
In this subchapter, "museum" means the nonprofit organization, known as the Department of Public Safety Historical Museum and Research Center, established by employees and former...
- Texas Section 411.282 - General Provisions
The commission may: (1) establish a support staff in the department to assist the museum; (2) use department property to fulfill the purposes of this...
- Texas Section 411.283 - Personnel
(a) The director may appoint and assign duties to department personnel to serve as paid support staff for the museum. (b) The support staff may...
SUBCHAPTER L STATEWIDE AMERICA'S MISSING: BROADCAST EMERGENCY RESPONSE (AMBER) ALERT SYSTEM FOR ABDUCTED CHILDREN AND MISSING PERSONS WITH INTELLECTUAL DISABILITIES
- Texas Section 411.284 - Funding
(a) The Department of Public Safety Historical Museum and Research Center account is created as a special account outside the state treasury to be held...
- Texas Section 411.351 - Definitions
In this subchapter: (1) "Abducted child" means a child 17 years of age or younger whose whereabouts are unknown and whose disappearance poses a credible...
- Texas Section 411.352 - Statewide America's Missing: Broadcast Emergency Response (Amber) Alert System For Abducted Children And Missing Persons With Intellectual Disabilities
Sec. 411.352. STATEWIDE AMERICA'S MISSING: BROADCAST EMERGENCY RESPONSE (AMBER) ALERT SYSTEM FOR ABDUCTED CHILDREN AND MISSING PERSONS WITH INTELLECTUAL DISABILITIES. With the cooperation of the...
- Texas Section 411.353 - Administration
(a) The director is the statewide coordinator of the alert system. (b) The director shall adopt rules and issue directives as necessary to ensure proper...
- Texas Section 411.354 - Department To Recruit Participants
(a) The department shall recruit public and commercial television and radio broadcasters, private commercial entities, state or local governmental entities, the public, and other appropriate...
- Texas Section 411.355 - Activation
(a) On the request of a local law enforcement agency regarding an abducted child, the department shall activate the alert system and notify appropriate participants...
- Texas Section 411.356 - Local Law Enforcement Agencies
Before requesting activation of the alert system, a local law enforcement agency must verify that the criteria described by Section 411.355(a) or (b), as applicable,...
- Texas Section 411.357 - State Agencies
(a) A state agency participating in the alert system shall: (1) cooperate with the department and assist in developing and implementing the alert system; and...
- Texas Section 411.358 - Termination
The director shall terminate any activation of the alert system with respect to a particular abducted child or a particular missing person with an intellectual...
SUBCHAPTER M SILVER ALERT FOR MISSING SENIOR CITIZENS
- Texas Section 411.359 - System Name
The director by rule may assign a name other than America's Missing: Broadcast Emergency Response (AMBER) to the alert system when the system is activated...
- Texas Section 411.381 - Definitions
In this subchapter: (1) "Alert" means the statewide silver alert for missing senior citizens developed and implemented under this subchapter. (2) "Local law enforcement agency"...
- Texas Section 411.382 - Silver Alert For Missing Senior Citizens
With the cooperation of the Texas Department of Transportation, the office of the governor, and other appropriate law enforcement agencies in this state, the department...
- Texas Section 411.383 - Administration
(a) The director is the statewide coordinator of the alert. (b) The director shall adopt rules and issue directives as necessary to ensure proper implementation...
- Texas Section 411.384 - Department To Recruit Participants
The department shall recruit public and commercial television and radio broadcasters, private commercial entities, state or local governmental entities, the public, and other appropriate persons...
- Texas Section 411.385 - Duties Of Texas Department Of Transportation
The Texas Department of Transportation shall: (1) cooperate with the department and assist in developing and implementing the alert; and (2) establish a plan for...
- Texas Section 411.386 - Notification To Department Of Missing Senior Citizen
(a) A local law enforcement agency may notify the department if the agency: (1) receives notice of a missing senior citizen; (2) verifies that at...
- Texas Section 411.387 - Activation Of Silver Alert
(a) When a local law enforcement agency notifies the department under Section 411.386, the department shall confirm the accuracy of the information and, if confirmed,...
- Texas Section 411.388 - Content Of Silver Alert
The alert must include: (1) all appropriate information that is provided by the local law enforcement agency and that may lead to the safe recovery...
SUBCHAPTER N INTEROPERABLE STATEWIDE EMERGENCY
- Texas Section 411.389 - Termination Of Silver Alert
(a) The director shall terminate any activation of the alert with respect to a particular missing senior citizen not later than the earlier of the...
- Texas Section 411.401 - Definition
In this subchapter, "emergency radio infrastructure" means radio frequency hardware, software, or auxiliary equipment that: (1) provides dispatch communications for this state and local governments...
- Texas Section 411.402 - Use Of Revenue
(a) Fees collected under Section 133.102(e)(11), Local Government Code, may only: (1) be used for the planning, development, provision, enhancement, or ongoing maintenance of an...
SUBCHAPTER O PREVENTION OF SCRAP METAL THEFT GRANT PROGRAM
- Texas Section 411.403 - Emergency Radio Infrastructure Account
(a) The emergency radio infrastructure account is an account in the general revenue fund. (b) The account consists of: (1) fees deposited in the account...
- Texas Section 411.421 - Definition
In this subchapter, "regulated material" has the meaning assigned by Section 1956.001, Occupations Code. Added by Acts 2011, 82nd Leg., R.S., Ch. 1234 (S.B. 694),...
SUBCHAPTER Z MISCELLANEOUS PROVISIONS
- Texas Section 411.422 - Grants To Fund Scrap Metal Theft Prevention
(a) From fines collected and distributed to the department under Sections 1956.040(a-2) and (a-4), Occupations Code, the commission by rule shall establish and implement a...
- Texas Section 411.951 - Study On Digital Identification And Proof Of Licensure
(a) The department shall conduct a study: (1) determining the feasibility of altering state requirements for the issuance of a driver's license to allow a...