Texas Laws - Government Code
GOVERNMENT CODE
TITLE 4. EXECUTIVE BRANCH

SUBTITLE B. LAW ENFORCEMENT AND PUBLIC PROTECTION (26544)(1-click HTML)

CHAPTER 411. DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS (26545)(1-click HTML)
SUBCHAPTER A. GENERAL PROVISIONS AND ADMINISTRATION (26546)(1-click HTML)
Sec. 411.001. DEFINITIONS. (26547)(1-click HTML)

In this chapter: (26548)

(1) "Commission" means the Public Safety Commission. (26549)

(2) "Department" means the Department of Public Safety of the State of Texas. (26550)

(3) "Director" means the public safety director. (26551)

(4) "Internet" means the largest nonproprietary nonprofit cooperative public computer network, popularly known as the Internet. (26552)

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1999, 76th Leg., ch. 791, Sec. 1, eff. June 18, 1999. (26553)

Sec. 411.0011. CERTAIN LOCAL GOVERNMENT CORPORATIONS ENGAGED IN CRIMINAL IDENTIFICATION ACTIVITIES. (26554)(1-click HTML)

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 governmental purposes relating to criminal identification activities, including forensic analysis, that allocates a substantial part of its annual budget to those criminal identification activities. (26555)

Added by Acts 2013, 83rd Leg., R.S., Ch. 782 (S.B. 1238), Sec. 5, eff. June 14, 2013. (26556)

Sec. 411.002. DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS. (26557)(1-click HTML)

(a) The Department of Public Safety of the State of Texas is an agency of the state to enforce the laws protecting the public safety and provide for the prevention and detection of crime. The department is composed of the Texas Rangers, the Texas Highway Patrol, the administrative division, and other divisions that the commission considers necessary. (26558)

(b) The department shall have its principal office and headquarters in Austin. (26559)

(c) The Department of Public Safety of the State of Texas is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the department is abolished and Subsections (a) and (b) expire September 1, 2019. (26560)

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 4, Sec. 2.19(a), eff. Sept. 1, 1989; Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 1.23, eff. Nov. 12, 1991; Acts 1993, 73rd Leg., ch. 790, Sec. 1, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1169, Sec. 4.03, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1189, Sec. 1, eff. Sept. 1, 1999. (26561)

Amended by: (26562)

Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 5.01, eff. September 1, 2009. (26563)

Acts 2011, 82nd Leg., R.S., Ch. 1232 (S.B. 652), Sec. 4.01, eff. June 17, 2011. (26564)

Sec. 411.003. PUBLIC SAFETY COMMISSION. (26565)(1-click HTML)

(a) The Public Safety Commission controls the department. (26566)

(b) The commission is composed of five citizens of this state appointed by the governor with the advice and consent of the senate. Members must be selected because of their peculiar qualifications for the position and must reflect the diverse geographic regions and population groups of this state. Members must have and maintain a secret security clearance granted by the United States government. A member may serve on the commission upon the granting of an interim secret security clearance, but may not be given access to classified information, participate in a briefing involving classified information, or vote on an issue involving classified information until a secret security clearance has been finally approved by the United States government. Appointments to the commission shall be made without regard to race, color, disability, sex, religion, age, or national origin. In making an appointment the governor shall consider, among other things, the person's knowledge of laws, experience in the enforcement of law, honesty, integrity, education, training, and executive ability. (26567)

(c) Members serve staggered six-year terms with the terms of either one or two members expiring January 1 of each even-numbered year. (26568)

(d) The governor shall designate one member of the commission as chairman of the commission to serve in that capacity at the pleasure of the governor. The commission shall meet at the times and places specified by commission rule or at the call of the chairman. The chairman shall oversee the preparation of an agenda for each meeting and ensure that a copy is provided to each member at least seven days before the meeting. (26569)

(e) A member serves without compensation for service on the commission but is entitled to per diem for expenses as provided by the General Appropriations Act. (26570)

(f) The commission shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commission and to speak on any issue under the jurisdiction of the commission. (26571)

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1993, 73rd Leg., ch. 790, Sec. 2, eff. Sept. 1, 1993. (26572)

Amended by: (26573)

Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 20.01, eff. September 1, 2007. (26574)

Acts 2013, 83rd Leg., R.S., Ch. 120 (S.B. 1814), Sec. 1, eff. May 18, 2013. (26575)

Sec. 411.0031. TRAINING FOR COMMISSION MEMBERS. (26576)(1-click HTML)

(a) A person who is appointed to and qualifies for office as a member of the commission may not vote, deliberate, or be counted as a member in attendance at a meeting of the commission until the person completes a training program that complies with this section. (26577)

(b) The training program must provide the person with information regarding: (26578)

(1) the legislation that created the department and the commission; (26579)

(2) the programs operated by the department; (26580)

(3) the role and functions of the department; (26581)

(4) the rules of the department, with an emphasis on the rules that relate to disciplinary and investigatory authority; (26582)

(5) the current budget for the department; (26583)

(6) the results of the most recent formal audit of the department; (26584)

(7) the requirements of: (26585)

(A) the open meetings law, Chapter 551; (26586)

(B) the public information law, Chapter 552; (26587)

(C) the administrative procedure law, Chapter 2001; and (26588)

(D) other laws relating to public officials, including conflict of interest laws; and (26589)

(8) any applicable ethics policies adopted by the department or the Texas Ethics Commission. (26590)

(c) A person appointed to the commission is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office. (26591)

Added by Acts 1999, 76th Leg., ch. 1189, Sec. 3, eff. Sept. 1, 1999. (26592)

Sec. 411.0035. MEMBER AND GENERAL COUNSEL RESTRICTION. (26593)(1-click HTML)

(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 assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest. (26594)

(b) A person may not be a member of the commission and may not be a department employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), if: (26595)

(1) the person is an officer, employee, or paid consultant of a Texas trade association in the field of law enforcement or private security; or (26596)

(2) the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of law enforcement or private security. (26597)

(c) A person may not be a member of the commission or act as the general counsel to the commission if the person is required to register as a lobbyist under Chapter 305 because of the person's activities for compensation on behalf of a profession related to the operation of the commission. (26598)

Added by Acts 1993, 73rd Leg., ch. 790, Sec. 4, eff. Sept. 1, 1993. (26599)

Amended by: (26600)

Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 5.02, eff. September 1, 2009. (26601)

Sec. 411.0036. REMOVAL OF COMMISSION MEMBER. (26602)(1-click HTML)

(a) It is a ground for removal from the commission if a member: (26603)

(1) does not have at the time of appointment the qualifications required by Section 411.003; (26604)

(2) does not maintain during service on the commission the qualifications required by Section 411.003; (26605)

(3) violates a prohibition established by Section 411.0035; (26606)

(4) cannot discharge the member's duties for a substantial part of the term for which the member is appointed because of illness or disability; or (26607)

(5) is absent from more than half of the regularly scheduled commission meetings that the member is eligible to attend during a calendar year unless the absence is excused by majority vote of the commission. (26608)

(b) The validity of an action of the commission is not affected by the fact that it is taken when a ground for removal of a commission member exists. (26609)

(c) If the director has knowledge that a potential ground for removal exists, the director shall notify the chairman of the commission of the potential ground. The chairman shall then notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal involves the chairman, the director shall notify the member with the longest tenure on the commission, other than the chairman, who shall then notify the governor and the attorney general that a potential ground for removal exists. (26610)

Added by Acts 1993, 73rd Leg., ch. 790, Sec. 5, eff. Sept. 1, 1993. Amended by Acts 1999, 76th Leg., ch. 1189, Sec. 2, eff. Sept. 1, 1999. (26611)

Sec. 411.004. DUTIES AND POWERS OF COMMISSION. (26612)(1-click HTML)

The commission shall: (26613)

(1) formulate plans and policies for: (26614)

(A) enforcement of state criminal, traffic, and safety laws; (26615)

(B) prevention of crime; (26616)

(C) detection and apprehension of persons who violate laws; and (26617)

(D) education of citizens of this state in the promotion of public safety and the observance of law; (26618)

(2) organize the department and supervise its operation; (26619)

(3) adopt rules considered necessary for carrying out the department's work; (26620)

(4) maintain records of all proceedings and official orders; and (26621)

(5) biennially submit a report of its work to the governor and legislature, including the commission's and director's recommendations. (26622)

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1993, 73rd Leg., ch. 790, Sec. 3, eff. Sept. 1, 1993; Acts 1999, 76th Leg., ch. 1189, Sec. 3, eff. Sept. 1, 1999. (26623)

Sec. 411.0041. OPEN MEETINGS EXCEPTION: CRIMINAL INVESTIGATIONS. (26624)(1-click HTML)

A discussion or deliberation of the commission regarding an ongoing criminal investigation, including a vote to issue a directive or take other action regarding the investigation, is not subject to the open meetings law, Chapter 551. (26625)

Added by Acts 1999, 76th Leg., ch. 1189, Sec. 3, eff. Sept. 1, 1999. (26626)

Sec. 411.0042. DIVISION OF RESPONSIBILITIES. (26627)(1-click HTML)

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 staff of the department. (26628)

Added by Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 5.03, eff. September 1, 2009. (26629)

Sec. 411.0043. TECHNOLOGY POLICY; REVIEW. (26630)(1-click HTML)

(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 policy must ensure that the public is able to interact with the department on the Internet. (26631)

(b) The department shall periodically: (26632)

(1) review the department's existing information technology system to determine whether: (26633)

(A) the system's security should be upgraded; and (26634)

(B) the system provides the department with the best ability to monitor and investigate criminal activity on the Internet; and (26635)

(2) make any necessary improvements to the department's information technology system. (26636)

Added by Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 5.04, eff. September 1, 2009. (26637)

Amended by: (26638)

Acts 2015, 84th Leg., R.S., Ch. 333 (H.B. 11), Sec. 5, eff. September 1, 2015. (26639)

Sec. 411.0044. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION. (26640)(1-click HTML)

(a) The commission shall develop and implement a policy to encourage the use of: (26641)

(1) negotiated rulemaking procedures under Chapter 2008 for the adoption of department rules; and (26642)

(2) appropriate alternative dispute resolution procedures under Chapter 2009 to assist in the resolution of internal and external disputes under the department's jurisdiction. (26643)

(b) The department's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies. (26644)

(c) The commission shall designate a trained person to: (26645)

(1) coordinate the implementation of the policy adopted under Subsection (a); (26646)

(2) serve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and (26647)

(3) collect data concerning the effectiveness of those procedures, as implemented by the department. (26648)

Added by Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 5.05, eff. September 1, 2009. (26649)

Sec. 411.005. DIRECTOR, DEPUTY DIRECTORS, AND ASSISTANT DIRECTORS. (26650)(1-click HTML)

(a) The commission shall appoint a citizen of the United States as public safety director. The director serves until removed by the commission. (26651)

(b) The director may appoint, with the advice and consent of the commission, deputy directors and assistant directors who shall perform the duties that the director designates. Deputy directors and assistant directors serve until removed by the director. (26652)

(c) The commission shall select the director, and the director shall select deputy directors and assistant directors, on the basis of the person's training, experience, and qualifications for the position. The director, deputy directors, and assistant directors are entitled to annual salaries as provided by the legislature. (26653)

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1999, 76th Leg., ch. 1189, Sec. 4, eff. Sept. 1, 1999. (26654)

Amended by: (26655)

Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 5.06, eff. September 1, 2009. (26656)

Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 5.07, eff. September 1, 2009. (26657)

Sec. 411.006. DUTIES OF DIRECTOR. (26658)(1-click HTML)

(a) The director shall: (26659)

(1) be directly responsible to the commission for the conduct of the department's affairs; (26660)

(2) act as executive director of the department; (26661)

(3) act with the commission in an advisory capacity, without vote; (26662)

(4) adopt rules, subject to commission approval, considered necessary for the control of the department; (26663)

(5) issue commissions as law enforcement officers, under the commission's direction, to all members of the Texas Rangers and the Texas Highway Patrol and to other officers of the department; (26664)

(6) appoint, with the advice and consent of the commission, the head of a division or bureau provided for by this chapter; (26665)

(7) quarterly, annually, and biennially submit to the commission detailed reports of the operation of the department, including statements of its expenditures; and (26666)

(8) prepare, swear to, submit to the governor, and file in the department's records a quarterly statement containing an itemized list of all money received and its source and all money spent and the purposes for which it was spent. (26667)

(b) The director or the director's designee shall provide to members of the commission and to department employees, as often as necessary, information regarding the requirements for office or employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees. (26668)

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1999, 76th Leg., ch. 1189, Sec. 5, eff. Sept. 1, 1999. (26669)

Sec. 411.007. OFFICERS AND EMPLOYEES. (26670)(1-click HTML)

(a) Subject to the provisions of this chapter, the director may appoint, promote, reduce, suspend, or discharge any officer or employee of the department. (26671)

(b) Appointment or promotion of an officer or employee must be based on merit determined under commission rules that take into consideration the applicant's age and physical condition, if appropriate and to the extent allowed under federal law, and that take into consideration the applicant's experience and education. For promotions of commissioned officers, other than those positions covered under Section 411.0071, the department, with the advice and consent of the commission, shall establish processes to be consistently applied and based on merit. Each person who has an application on file for a position in the department for which an applicant must take an examination shall be given reasonable written notice of the time and place of those examinations. (26672)

(c) An applicant for a position in the department must be a United States citizen. An applicant may not be questioned regarding the applicant's political affiliation or religious faith or beliefs. The department may not prohibit an officer or employee of the department, while off duty and out of uniform, from placing a bumper sticker endorsing political activities or a candidate for political office on a personal vehicle, placing a campaign sign in the person's private yard, making a political contribution, or wearing a badge endorsing political activities or a candidate. An officer commissioned by the department may not be suspended, terminated, or subjected to any form of discrimination by the department because of the refusal of the officer to take a polygraph examination. Section 411.0074 does not authorize the department to require an officer commissioned by the department to take a polygraph examination. (26673)

(d) At least annually the heads of the divisions and bureaus, after due investigation, shall make a report to the director of the efficiency of each employee within the division or bureau. These reports shall be kept in the department's permanent files and shall be given proper consideration in all matters of promotion and discharge. (26674)

(e) An officer or employee of the department may not be discharged without just cause. The director shall determine whether an officer or employee is to be discharged. A commissioned officer ordered discharged may appeal to the commission, and during the appeal the officer shall be suspended without pay. (26675)

(e-1) Except as provided by Subsection (g), the department may not discharge, suspend, or demote a commissioned officer except for the violation of a specific commission rule. If the department discharges, suspends, or demotes the officer, the department shall deliver to the officer a written statement giving the reasons for the action taken. The written statement must point out each commission rule alleged to have been violated by the officer and must describe the alleged acts of the officer that the department contends are in violation of the commission rules. (26676)

(e-2) The commission shall establish necessary policies and procedures for the appointment, promotion, reduction, suspension, and discharge of all employees. (26677)

(f) A discharged commissioned officer is entitled, on application to the commission, to a public hearing before the commission, who shall affirm or set aside the discharge. The commission shall affirm or set aside a discharge on the basis of the evidence presented. If the commission affirms the discharge, the discharged officer may seek judicial review, not later than the 90th day after the date the commission affirms the discharge, in a district court under the substantial evidence standard of review, and the officer remains suspended without pay while the case is under judicial review. (26678)

(g) A noncommissioned employee inducted into the service of the department is on probation for the first one year of service, and an officer is on probation from the date the officer is inducted into the service of the department until the anniversary of the date the officer is commissioned. At any time during the probationary period, an officer or employee may be discharged if the director, with the advice and consent of the commission, finds the officer or employee to be unsuitable for the work. (26679)

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 4, Sec. 2.20(a), eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 790, Sec. 6, eff. Sept. 1, 1993; Acts 1999, 76th Leg., ch. 1189, Sec. 6, eff. Sept. 1, 1999. (26680)

Amended by: (26681)

Acts 2005, 79th Leg., Ch. 814 (S.B. 732), Sec. 1, eff. June 17, 2005. (26682)

Acts 2005, 79th Leg., Ch. 955 (H.B. 1589), Sec. 1, eff. June 18, 2005. (26683)

Acts 2013, 83rd Leg., R.S., Ch. 1109 (H.B. 3805), Sec. 1, eff. September 1, 2013. (26684)

Sec. 411.0071. DIRECT APPOINTMENT TO MANAGEMENT TEAM POSITIONS BY DIRECTOR. (26685)(1-click HTML)

(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. (26686)

(b) The director may directly appoint a person to a position designated as a management team position under Subsection (a) under criteria determined by the director and approved by the commission. The director's appointment of a person to a management team position or transfer of a person from a management team position to another position for which the person is qualified, as determined by the director, is not subject to Section 411.007. (26687)

(c) A person appointed to a management team position under this section, on removal from that position, shall be returned to the position the person held immediately before appointment to the management team position or to a position of equivalent rank. If a person is removed from a management team position as a result of the filing of a formal charge of misconduct, this subsection applies only if the person is exonerated for the misconduct charged. (26688)

Added by Acts 1999, 76th Leg., ch. 1189, Sec. 7, eff. Sept. 1, 1999. (26689)

Sec. 411.0072. EMPLOYMENT-RELATED GRIEVANCES AND APPEALS OF DISCIPLINARY ACTIONS WITHIN THE DEPARTMENT. (26690)(1-click HTML)

(a) In this section: (26691)

(1) "Disciplinary action" means discharge, suspension, or demotion. (26692)

(2) "Employment-related grievance" means an employment-related issue, other than a disciplinary action, in regard to which an employee wishes to express dissatisfaction, including promotions, leave requests, performance evaluations, transfers, benefits, working environment, shift or duty assignments, harassment, retaliation, and relationships with supervisors or other employees or any other issue the commission determines by rule. (26693)

(b) The commission shall establish procedures and practices governing the appeal of a disciplinary action within the department. (26694)

(c) The commission shall establish procedures and practices through which the department will address an employment-related grievance that include: (26695)

(1) a form on which an employee may state an employment-related grievance and request a specific corrective action; (26696)

(2) time limits for submitting a grievance and for management to respond to a grievance; (26697)

(3) a multilevel process in which an employee's grievance is submitted to the lowest appropriate level of management, with each subsequent appeal submitted to a higher level in the chain of command; (26698)

(4) an assurance that confidentiality of all parties involved will be maintained, except to the extent that information is subject to disclosure under Section 411.00755 and Chapter 552, and that retaliation against an employee who files a grievance is prohibited; and (26699)

(5) a program to advertise and explain the grievance procedure to all employees. (26700)

(d) The department shall submit annually to the commission, and as part of its biennial report to the legislature required under Section 411.004, a report on the department's use of the employment-related grievance process under Subsection (c). The report must include: (26701)

(1) the number of grievances filed; (26702)

(2) a brief description of the subject of each grievance filed; and (26703)

(3) the final disposition of each grievance. (26704)

Added by Acts 1999, 76th Leg., ch. 1189, Sec. 7, eff. Sept. 1, 1999. (26705)

Amended by: (26706)

Acts 2007, 80th Leg., R.S., Ch. 35 (S.B. 740), Sec. 2, eff. May 4, 2007. (26707)

Sec. 411.0073. MEDIATION OF PERSONNEL DISPUTES. (26708)(1-click HTML)

(a) The commission shall establish procedures for an employee to resolve an employment-related grievance covered by Section 411.0072 through mediation if the employee chooses. The procedures must include mediation procedures and establish the circumstances under which mediation is appropriate for an employment-related grievance. (26709)

(b) Except for Section 2008.054, Chapter 2008, as added by Chapter 934, Acts of the 75th Legislature, Regular Session, 1997, does not apply to the mediation. The mediator must be trained in mediation techniques. (26710)

Added by Acts 1999, 76th Leg., ch. 1189, Sec. 7, eff. Sept. 1, 1999. (26711)

Sec. 411.0074. POLYGRAPH EXAMINATIONS FOR CERTAIN APPLICANTS. (26712)(1-click HTML)

(a) This section does not apply to: (26713)

(1) an applicant who is currently a peace officer of the department commissioned by the department; or (26714)

(2) an applicant for a police communications operator position who is currently employed by the department in another police communications operator position. (26715)

(b) Before commissioning an applicant as a peace officer or employing an applicant for a police communications operator position, the department shall require the applicant to submit to the administration of a polygraph examination in accordance with rules adopted under Subsection (e). (26716)

(c) The polygraph examination required by this section may only be administered by a polygraph examiner licensed under Chapter 1703, Occupations Code, who: (26717)

(1) is a peace officer commissioned by the department; or (26718)

(2) has a minimum of two years of experience conducting preemployment polygraph examinations for a law enforcement agency. (26719)

(d) The department and the polygraph examiner shall maintain the confidentiality of the results of a polygraph examination administered under this section, except that: (26720)

(1) the department and the polygraph examiner may disclose the results in accordance with Section 1703.306, Occupations Code; and (26721)

(2) notwithstanding Section 1703.306, Occupations Code, the department may disclose any admission of criminal conduct made during the course of an examination to another appropriate governmental entity. (26722)

(e) The department shall adopt reasonable rules to specify the point in the hiring process at which the department shall require a polygraph examination to be administered under this section and the manner in which the examination shall be administered. Rules relating to the administration of a polygraph examination shall be adopted in accordance with the guidelines published by the American Polygraph Association or the American Association of Police Polygraphists. (26723)

(f) The department shall use the results of a polygraph examination under this section as a factor in determining whether to commission a peace officer or employ an applicant for the position of police communications operator. (26724)

Added by Acts 2005, 79th Leg., Ch. 955 (H.B. 1589), Sec. 2, eff. June 18, 2005. (26725)

Sec. 411.00741. POLYGRAPH EXAMINATIONS FOR CERTAIN OFFICERS AND EMPLOYEES. (26726)(1-click HTML)

(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 by a polygraph examiner if: (26727)

(1) the officer or employee is assigned to a position that requires the officer or employee to work with a federal agency on national security issues; and (26728)

(2) the federal agency requires that the officer or employee submit to a polygraph examination. (26729)

(b) If an officer or employee does not submit to the administration of a polygraph examination required under Subsection (a), the department may, as applicable: (26730)

(1) remove the officer or employee from an assignment to a position described by Subsection (a)(1); or (26731)

(2) refuse to assign the officer or employee to that position. (26732)

Added by Acts 2007, 80th Leg., R.S., Ch. 362 (S.B. 295), Sec. 1, eff. June 15, 2007. (26733)

Sec. 411.0075. PERSONNEL POLICIES. (26734)(1-click HTML)

(a) The director or the director's designee shall develop an intraagency career ladder program. The program shall require intraagency postings of all non-entry-level positions concurrently with any public posting. (26735)

(b) The director or the director's designee shall prepare and maintain a written policy statement to assure implementation of a program of equal employment opportunity under which all personnel transactions are made without regard to race, color, disability, sex, religion, age, or national origin. The policy statement must include: (26736)

(1) personnel policies, including policies related to recruitment, evaluation, selection, appointment, training, and promotion of personnel; (26737)

(2) a comprehensive analysis of the department work force that meets federal and state guidelines; (26738)

(3) procedures by which a determination can be made of significant underuse in the department work force of all persons for whom federal or state guidelines encourage a more equitable balance; and (26739)

(4) reasonable methods to appropriately address those areas of significant underuse. (26740)

(c) A policy statement prepared under Subsection (b) of this section must cover an annual period, be updated at least annually, and be filed with the governor's office. (26741)

(d) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1083, Sec. 25(30), eff. June 17, 2011. (26742)

Added by Acts 1993, 73rd Leg., ch. 790, Sec. 7, eff. Sept. 1, 1993. (26743)

Amended by: (26744)

Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 25(30), eff. June 17, 2011. (26745)

Sec. 411.00755. PERSONNEL RECORDS OF COMMISSIONED OFFICERS. (26746)(1-click HTML)

(a) In this section: (26747)

(1) "Personnel record" includes any letter, memorandum, or document maintained by the department that relates to a commissioned officer of the department, including background investigations, employment applications, employment contracts, service and training records, requests for off-duty employment, birth records, reference letters, letters of recommendation, performance evaluations and counseling records, results of physical tests, polygraph questionnaires and results, proficiency tests, the results of health examinations and other medical records, workers' compensation files, the results of psychological examinations, leave requests, requests for transfers of shift or duty assignments, commendations, promotional processes, demotions, complaints and complaint investigations, employment-related grievances, and school transcripts. (26748)

(2) "Disciplinary action" has the meaning assigned by Section 411.0072(a)(1). (26749)

(b) The personnel records of a commissioned officer of the department may not be disclosed or otherwise made available to the public, except the department shall release in accordance with Chapter 552: (26750)

(1) any letter, memorandum, or document relating to: (26751)

(A) a commendation, congratulation, or honor bestowed on the officer for an action, duty, or activity that relates to the officer's official duties; and (26752)

(B) misconduct by the officer, if the letter, memorandum, or document resulted in disciplinary action; (26753)

(2) the state application for employment submitted by the officer, but not including any attachments to the application; (26754)

(3) any reference letter submitted by the officer; (26755)

(4) any letter of recommendation for the officer; (26756)

(5) any employment contract with the officer; (26757)

(6) any periodic evaluation of the officer by a supervisor; (26758)

(7) any document recording a promotion or demotion of the officer; (26759)

(8) any request for leave by the officer; (26760)

(9) any request by the officer for transfers of shift or duty assignments; (26761)

(10) any documents presented to the commission in connection with a public hearing under Section 411.007(f); (26762)

(11) the officer's: (26763)

(A) name; (26764)

(B) age; (26765)

(C) dates of employment; (26766)

(D) positions held; and (26767)

(E) gross salary; and (26768)

(12) information about the location of the officer's department duty assignments. (26769)

(c) The department may release any personnel record of a commissioned officer: (26770)

(1) pursuant to a subpoena or court order, including a discovery order; (26771)

(2) for use by the department in an administrative hearing; or (26772)

(3) with the written authorization of the officer who is the subject of the record. (26773)

(d) A release of information under Subsection (c) does not waive the right to assert in the future that the information is excepted from required disclosure under this section or other law. (26774)

Added by Acts 2007, 80th Leg., R.S., Ch. 35 (S.B. 740), Sec. 1, eff. May 4, 2007. (26775)

Amended by: (26776)

Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 6.01, eff. September 1, 2009. (26777)

Sec. 411.0076. MINORITY RECRUITING. (26778)(1-click HTML)

(a) The department shall continue to place emphasis on minority recruiting and hiring efforts for noncommissioned positions. (26779)

(b) The department's minority recruiter and equal employment opportunity positions created for personnel and equal employment opportunity matters shall continue to pertain to both commissioned and noncommissioned employees. (26780)

(c) The department by September, 1994, shall study job requirements for all noncommissioned positions and thereafter shall limit promotion-from-within only to positions where department experience is essential for reasonable job performance. (26781)

Added by Acts 1993, 73rd Leg., ch. 790, Sec. 7, eff. Sept. 1, 1993. (26782)

Sec. 411.0077. LIMITATION ON RESTRICTIONS ON CERTAIN OFF-DUTY ACTIVITIES. (26783)(1-click HTML)

(a) During the period that the officer is off duty, a commissioned officer of the department is entitled to attend educational programs or courses or to engage in any outside employment that does not adversely affect the operations or the reputation of the department. The rights of a commissioned officer under this section are subject to any reasonable department requirements that the officer be accessible to the department during off-duty periods for the possible performance of official duties. (26784)

(b) The department shall adopt reasonable guidelines relating to acceptable off-duty employment. The guidelines shall be uniformly applied to all supervisory and nonsupervisory commissioned officers. (26785)

(b-1) If the department denies approval of a commissioned officer's secondary employment or proposed secondary employment, the director or the director's designee must promptly notify the officer in writing of the specific guideline adopted under Subsection (b) on which the department's decision is based. The notice must explain why the secondary employment or proposed secondary employment is prohibited by the referenced guideline. (26786)

(c) If a commissioned officer is engaged in off-duty employment that the officer believes, in good faith, is not prohibited by a specific guideline adopted under Subsection (b), the officer is authorized to engage in the off-duty employment until the director or the director's designee informs the officer in writing that the employment is not acceptable. (26787)

Added by Acts 1989, 71st Leg., ch. 379, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 335, Sec. 1, eff. Sept. 1, 1991; Acts 2003, 78th Leg., ch. 921, Sec. 1, eff. Sept. 1, 2003. (26788)

Sec. 411.0078. USE OF UNIFORM WHILE PERFORMING CERTAIN OFF-DUTY ACTIVITIES. (26789)(1-click HTML)

(a) An officer commissioned by the department may purchase from the department at fair market value a uniform to be used by the officer while providing law enforcement services for a person or entity other than the department. If an officer who purchased a uniform under this subsection leaves the service of the department for any reason, the officer shall return the uniform to the department. The department shall pay the officer the fair market value of the uniform at the time it is returned. For purposes of this subsection: (26790)

(1) a uniform does not include a handgun or other weapon; and (26791)

(2) the fair market value of a uniform is determined by the department. (26792)

(b) An officer wearing a uniform purchased under Subsection (a) may not act in a manner that adversely affects the operations or reputation of the department. (26793)

(c) The department shall adopt reasonable guidelines regarding: (26794)

(1) the types of law enforcement services for which an officer may purchase and wear a uniform under Subsection (a) and the circumstances under which the officer may perform those services; and (26795)

(2) the standards of behavior to be maintained by an officer who wears a uniform purchased under Subsection (a). (26796)

Added by Acts 1995, 74th Leg., ch. 738, Sec. 1, eff. Sept. 1, 1995. (26797)

Sec. 411.0079. WORKING CONDITIONS FOR CERTAIN PREGNANT OFFICERS. (26798)(1-click HTML)

(a) The director shall make reasonable efforts to accommodate the request of a commissioned officer of the department who is determined by a physician to be partially physically restricted by a pregnancy if the request is related to the officer's working conditions. (26799)

(b) If the physician of an officer certifies that, because of the officer's pregnancy, the officer is unable to perform the duties of the officer's permanent work assignment and a temporary work assignment that the officer may perform is available, the director shall, on request of the officer, assign the officer to the temporary work assignment. (26800)

Added by Acts 2003, 78th Leg., ch. 891, Sec. 1, eff. Sept. 1, 2003. (26801)

Sec. 411.008. DISTRICT HEADQUARTERS. (26802)(1-click HTML)

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. (26803)

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. (26804)

Sec. 411.0085. DRIVER'S LICENSE FACILITIES: PERSONNEL. (26805)(1-click HTML)

The department may not assign more than 123 commissioned officers plus supervising personnel to driver's license facilities. (26806)

Added by Acts 1995, 74th Leg., ch. 165, Sec. 4, eff. Sept. 1, 1995. (26807)

Sec. 411.009. LOCAL COOPERATION. (26808)(1-click HTML)

(a) The sheriff and constables of each county and chief of police of each municipality are associate members of the department and are entitled to the rights and privileges granted to them by the department. (26809)

(b) The director may require a sheriff or other police officer in a county or municipality, within the limits of the officer's jurisdiction, to aid or assist in the performance of a duty imposed by this chapter. The officer shall comply with the order to the extent requested. (26810)

(c) The director with the advice and consent of the commission shall formulate and put into effect plans and means of cooperating with sheriffs, local police, and other peace officers throughout the state to prevent and discover crime, apprehend criminals, and promote public safety. Each local police and peace officer shall cooperate with the director in the plans. (26811)

(d) Each telegraph and telephone company and radio station operating in the state shall grant priority of service to a police agency and the department when notified that the service is urgent in the interests of the public welfare. (26812)

(e) The commissioners court of each county may furnish to the department necessary building space for establishing a branch crime detection laboratory to serve the general area of the state in which the county is located. If the county offers to furnish necessary space, the department may equip and operate the laboratory within the limits of its general authority and available appropriations. Unless the legislature has specifically directed the establishment and operation of a branch laboratory, the commission has discretion to decide whether a branch laboratory should be established or maintained. (26813)

(f) If the Commissioners Court of El Paso County furnishes without cost to the state the necessary building space, the department shall establish and operate a branch crime detection laboratory in El Paso County to serve the West Texas area, if the department determines that efficient enforcement of law requires establishment of the laboratory and sufficient funds are available in the department. (26814)

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. (26815)

Sec. 411.0091. SEX OFFENDER COMPLIANCE UNIT. (26816)(1-click HTML)

(a) The director shall create a sex offender compliance unit to be operated by the department. (26817)

(b) The sex offender compliance unit shall investigate and arrest individuals determined to have committed a sexually violent offense, as defined by Article 62.001, Code of Criminal Procedure. (26818)

(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. (26819)

(d) The department may adopt rules as necessary to implement this section. (26820)

Added by Acts 1999, 76th Leg., ch. 150, Sec. 1, eff. Sept. 1, 1999. Renumbered from Sec. 411.0098 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(39), eff. Sept. 1, 2001. (26821)

Amended by: (26822)

Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 2.08, eff. September 1, 2005. (26823)

Sec. 411.0095. VEHICLE THEFT CHECKPOINTS AT BORDER CROSSING. (26824)(1-click HTML)

(a) The department may establish a program for the purpose of establishing border crossing checkpoints to prevent stolen vehicles, farm tractors or implements, construction equipment, aircraft, or watercraft from entering Mexico. (26825)

(b) A checkpoint may be established under Subsection (a) if the checkpoint is: (26826)

(1) located within 250 yards of a federally designated crossing facility located at or near the actual boundary between this state and Mexico; (26827)

(2) located on a public highway or street leading directly to an international border crossing; (26828)

(3) designed to stop only traffic bound for Mexico; and (26829)

(4) operated in such a manner as to stop only vehicles, tractors or implements, equipment, aircraft, or watercraft for which law enforcement authorities have probable cause to believe is stolen and bound for Mexico. (26830)

(c) The department may establish the border crossing checkpoint program in conjunction with local law enforcement authorities. The department and local law enforcement authorities may share the cost of staffing the checkpoints. (26831)

(d) The department shall establish procedures governing the encounter between the driver and the peace officers operating the checkpoint that ensure that any intrusion on the driver is minimized and that the inquiries made are reasonably related to the purpose of the checkpoint. A peace officer at the checkpoint may not direct a driver or a passenger in a motor vehicle to leave the vehicle or move the vehicle off the roadway unless the officer has reasonable suspicion or probable cause to believe that the person committed or is committing an offense. However, a peace officer may require that each motor vehicle passing through the checkpoint be diverted to a location immediately adjacent to the roadway, if desirable, to ensure safety. (26832)

(e) In this section: (26833)

(1) "Motor vehicle" and "vehicle" have the meanings assigned to those terms by Section 541.201, Transportation Code. (26834)

(2) "Watercraft" has the meaning assigned by Section 49.01, Penal Code. (26835)

Added by Acts 1993, 73rd Leg., ch. 497, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 184, Sec. 1, eff. May 23, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 30.191, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 670, Sec. 1, eff. Sept. 1, 1999. (26836)

Sec. 411.0096. MEMORANDUM OF UNDERSTANDING WITH CRIMINAL JUSTICE DIVISION OF THE OFFICE OF THE GOVERNOR. (26837)(1-click HTML)

(a) The department and the office of the governor, criminal justice division, by rule shall adopt a joint memorandum of understanding on coordinating the drug law enforcement efforts of the department and the criminal justice division. (26838)

(b) The memorandum of understanding shall: (26839)

(1) provide that the department shall advise the criminal justice division about the statewide drug policy planning efforts of the division; (26840)

(2) provide for representation by the department on any advisory board advising the governor about drug policy; (26841)

(3) require the criminal justice division and the department to define their respective roles relating to drug task forces; (26842)

(4) require the criminal justice division and the department to jointly determine the areas of law enforcement focus for drug task force efforts; and (26843)

(5) require the criminal justice division and the department to jointly develop guidelines and procedures to govern drug task force operations that are funded by the state. (26844)

(c) The criminal justice division and the department shall update and revise the memorandum of understanding as necessary and by rule adopt all revisions to the memorandum. (26845)

(d) Expired. (26846)

Added by Acts 1993, 73rd Leg., ch. 790, Sec. 8, eff. Sept. 1, 1993. Renumbered from Government Code Sec. 411.0095 by Acts 1995, 74th Leg., ch. 76, Sec. 17.01(13), eff Sept. 1, 1995; Acts 1995, 74th Leg., ch. 184, Sec. 2, eff. May 23, 1995. (26847)

Text of section as added by Acts 2005, 79th Leg., R.S., Ch. 693 (S.B. 293), Sec. 1 (26848)

For text of section as added by Acts 2005, 79th Leg., Ch. 556 (H.B. 1239), Sec. 3, see other Sec. 411.0097. (26849)

Sec. 411.0097. TRANSPORTATION AND INSPECTIONS MEETING WITH REPRESENTATIVES OF MEXICAN STATES. (26850)(1-click HTML)

(a) The department shall initiate efforts to meet at least quarterly with the department's counterparts in the Mexican states bordering this state to discuss issues relating to truck inspections and transportation and infrastructure involved in truck inspections and transportation. (26851)

(b) To assist the department in carrying out this section, the department shall contact the border commerce coordinator designated under Section 772.010 and the mayors of each municipality in this state in which a port of entry for land traffic is located. (26852)

(c) At least one department representative participating in a meeting under Subsection (a) must be proficient in Spanish. (26853)

(d) The department, in conjunction with the border commerce coordinator, shall develop short-range and long-range plans, including recommendations to increase bilateral relations with Mexico and expedite trade by mitigating delays in border crossing inspections for northbound truck traffic. In developing the plans, the department and coordinator shall consider information obtained from any meetings under Subsection (a). The department shall update the plan biennially. (26854)

Added by Acts 2005, 79th Leg., Ch. 693 (S.B. 293), Sec. 1, eff. June 17, 2005. (26855)

Amended by: (26856)

Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 28, eff. September 1, 2013. (26857)

Text of section as added by Acts 2005, 79th Leg., R.S., Ch. 556 (H.B. 1239), Sec. 3 (26858)

For text of section as added by Acts 2005, 79th Leg., Ch. 693 (S.B. 293), Sec. 1, see other Sec. 411.0097. (26859)

Sec. 411.0097. MULTICOUNTY DRUG TASK FORCES. (26860)(1-click HTML)

(a) The department shall establish policies and procedures for multicounty drug task forces, as defined by Section 362.001, Local Government Code, and may exercise the authority necessary to ensure compliance with those policies and procedures. (26861)

(b) The department shall evaluate each multicounty drug task force with respect to whether the task force: (26862)

(1) complies with state and federal requirements, including policies and procedures established by department rule; and (26863)

(2) demonstrates effective performance outcomes. (26864)

(c) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1312, Sec. 99(13), eff. September 1, 2013. (26865)

Added by Acts 2005, 79th Leg., Ch. 556 (H.B. 1239), Sec. 3, eff. September 1, 2005. (26866)

Amended by: (26867)

Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 99(13), eff. September 1, 2013. (26868)

Sec. 411.0098. COORDINATION WITH DEPARTMENT OF TRANSPORTATION. (26869)(1-click HTML)

(a) The department and the Texas Department of Transportation shall establish procedures to ensure effective coordination of the development of transportation infrastructure projects that affect both agencies. (26870)

(b) Procedures established under this section shall: (26871)

(1) allow each agency to provide comments and advice to the other agency on an ongoing basis regarding statewide transportation planning efforts that affect traffic law enforcement; (26872)

(2) define the role of each agency in transportation infrastructure efforts; and (26873)

(3) require the department and the Texas Department of Transportation to develop a plan for applying for and using federal funds to address infrastructure needs that affect enforcement efforts. (26874)

(c) The department and the Texas Department of Transportation shall update and revise the procedures established under this section as necessary. (26875)

Added by Acts 1999, 76th Leg., ch. 1189, Sec. 7, eff. Sept. 1, 1999. (26876)

Amended by: (26877)

Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 5, eff. June 17, 2011. (26878)

Sec. 411.0099. NEEDS ASSESSMENT FOR ENFORCEMENT OF COMMERCIAL MOTOR VEHICLE RULES. (26879)(1-click HTML)

(a) The department shall conduct a long-term needs assessment for the enforcement of commercial motor vehicle rules that considers at a minimum: (26880)

(1) the inventory of current facilities and equipment used for enforcement, including types of scales, structures, space, and other equipment; (26881)

(2) enforcement activity, including trend information, at fixed-site facilities; (26882)

(3) staffing levels and operating hours for each facility; and (26883)

(4) needed infrastructure improvements and the associated costs and projected increase in activity that would result from the improvements. (26884)

(b) The department shall submit a biennial report to the legislative committees with primary jurisdiction over state budgetary matters and the Texas Transportation Commission that reflects the results of the needs assessment conducted under Subsection (a). The report shall be submitted to the legislature in conjunction with the department's legislative appropriations request. (26885)

Added by Acts 1999, 76th Leg., ch. 1189, Sec. 7, eff. Sept. 1, 1999. (26886)

Sec. 411.010. ASSISTANCE OF STATE AGENCIES. (26887)(1-click HTML)

The attorney general, the Texas Department of Transportation, the Texas Department of Health, and all other departments of state government shall cooperate with the department in the execution of this chapter and the enforcement of state laws concerning public safety and crime prevention and detection. (26888)

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1995, 74th Leg., ch. 165, Sec. 22(34), eff. Sept. 1, 1995. (26889)

Sec. 411.011. ASSISTANCE OF STATE EDUCATIONAL INSTITUTIONS. (26890)(1-click HTML)

(a) The University of Texas and all other state-supported educational institutions shall: (26891)

(1) cooperate with the department in carrying out this chapter; (26892)

(2) assist in the giving of instruction in the training schools conducted by the bureau of education; and (26893)

(3) assist the bureau of identification and records in making necessary chemical tests and analyses and in making statistical analyses, charts, and reports of law enforcement and violations of law. (26894)

(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. (26895)

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. (26896)

Sec. 411.0111. PROVISION OF CERTAIN INFORMATION TO COMPTROLLER. (26897)(1-click HTML)

(a) Not later than June 1 of every fifth year, the department shall provide to the comptroller, for the purpose of assisting the comptroller in the identification of persons entitled to unclaimed property reported to the comptroller, the name, address, social security number, date of birth, and driver's license or state identification number of each person about whom the department has such information in its records. (26898)

(b) Information provided to the comptroller under this section is confidential and may not be disclosed to the public. (26899)

(c) The department shall provide the information in the format prescribed by rule of the comptroller. (26900)

Added by Acts 2009, 81st Leg., R.S., Ch. 232 (S.B. 1589), Sec. 5, eff. September 1, 2009. (26901)

Amended by: (26902)

Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 47.01, eff. September 28, 2011. (26903)

Sec. 411.012. COMMAND BY GOVERNOR. (26904)(1-click HTML)

The governor may assume command and direct the activities of the commission and department during a public disaster, riot, insurrection, or formation of a dangerous resistance to enforcement of law, or to perform the governor's constitutional duty to enforce law. The governor shall use the personnel of the Texas Highway Patrol only if the other personnel of the department are unable to cope with the emergency. (26905)

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. (26906)

Sec. 411.013. EXPENDITURES, DONATIONS, AND APPROPRIATIONS. (26907)(1-click HTML)

(a) Repealed by Acts 1997, 75th Leg., ch. 1206, Sec. 28, eff. Sept. 1, 1997. (26908)

(b) The department may accept donations of money and other real or personal property from any individual, group, association, corporation, or governmental agency and may use those donations for any purpose designated by the donor that furthers the exercise of duties imposed by law on the department. (26909)

(c) Appropriations for the Texas Highway Patrol must be made from the state highway fund. (26910)

(d) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1083, Sec. 25(31), eff. June 17, 2011. (26911)

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 4, Sec. 2.21(a), eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 790, Sec. 9, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1206, Sec. 28, eff. Sept. 1, 1997. (26912)

Amended by: (26913)

Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 25(31), eff. June 17, 2011. (26914)

Sec. 411.0131. USE OF SEIZED AND FORFEITED ASSETS. (26915)(1-click HTML)

(a) The commission by rule shall establish a process under which the commission approves all of the department's dispositions of assets seized or forfeited under state or federal law and received by or appropriated to the department. The commission shall adopt rules under this section in accordance with Chapter 2001. Before approving a disposition, the commission shall consider how the disposition supports priorities established in the department's strategic plan and whether the disposition complies with applicable federal guidelines. (26916)

(b) The department shall file annually with the governor and the presiding officer of each house of the legislature a report on seized and forfeited assets. The report must include: (26917)

(1) a summary of receipts, dispositions, and fund balances for the fiscal year derived from both federal and state sources; (26918)

(2) regarding receipts, the court in which each case involving seized or forfeited assets was adjudicated, the nature and value of the assets, and the specific intended use of the assets; (26919)

(3) regarding dispositions, the departmental control number and category, the division making the request, the specific item and amount requested, the amount the commission approved, and the actual amount expended per item; and (26920)

(4) regarding planned dispositions, a description of the broad categories of anticipated dispositions and how they relate to the department's strategic plan. (26921)

(c) The department shall, within 30 days after the end of each quarter, report and justify any dispositions of seized or forfeited assets during the quarter that: (26922)

(1) differ from the planned dispositions reported under Subsection (b); and (26923)

(2) were used for a purpose not considered a priority in the department's strategic plan or not required by law or applicable federal guidelines. (26924)

Added by Acts 1999, 76th Leg., ch. 1189, Sec. 7, eff. Sept. 1, 1999. (26925)

Sec. 411.0132. USE OF FUNDS TO SUPPORT PEACE OFFICER TRAINING. (26926)(1-click HTML)

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. (26927)

Added by Acts 2011, 82nd Leg., R.S., Ch. 1270 (H.B. 78), Sec. 2, eff. June 17, 2011. (26928)

Sec. 411.0135. METHOD OF PAYMENT OF FEES AND CHARGES. (26929)(1-click HTML)

(a) The department may adopt rules regarding the method of payment of any fee or charge that is imposed or collected by the department. (26930)

(b) Rules adopted under Subsection (a) may authorize payment, under circumstances prescribed by the department: (26931)

(1) in person, by mail, by telephone, or over the Internet; (26932)

(2) by means of electronic funds transfer; or (26933)

(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. (26934)

(c) The department by rule may require, in addition to the amount of the fee or charge, the payment of: (26935)

(1) a discount, convenience, or service charge for a payment transaction; or (26936)

(2) a service charge in connection with the payment of a payment transaction that is dishonored or refused for lack of funds or insufficient funds. (26937)

Added by Acts 2001, 77th Leg., ch. 866, Sec. 3, eff. Sept. 1, 2001. (26938)

Sec. 411.014. BUILDINGS AND EQUIPMENT. (26939)(1-click HTML)

(a) The state shall provide the necessary buildings, offices, and quarters for the department and its officers and employees in Austin and other places in the state where district headquarters are located. The state shall provide furniture, fixtures, automobiles, motorcycles, horses, firearms, ammunition, uniforms, appliances, and other materials necessary to the proper functioning and operation of the department. (26940)

(b) The department's physical plant in Austin is under the department's control and management for the use and benefit of the state in the discharge of the official duties of the department. (26941)

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. (26942)

Sec. 411.0141. MULTIUSE TRAINING AND OPERATIONS CENTER FACILITY. (26943)(1-click HTML)

(a) The Texas Facilities Commission shall construct a multiuse training and operations center facility to be used by the department, the Texas military forces, county and municipal law enforcement agencies, and any other military or law enforcement agency, including agencies of the federal government: (26944)

(1) for training purposes; (26945)

(2) to house law enforcement assets and equipment; and (26946)

(3) to support and initiate tactical operations and law enforcement missions. (26947)

(b) The Texas Facilities Commission, with the assistance of the department, shall locate and acquire real property for the purpose of constructing the training and operations center facility. The governing body of a county, municipality, or navigation district, on behalf of the county, municipality, or navigation district, may donate real property to the department for the facility. The donation may be in fee simple or otherwise. (26948)

(c) The department shall, with the assistance of the Texas Facilities Commission, design the training and operations center facility. (26949)

(d) On completion of the construction of the training and operations center facility, the Texas Facilities Commission shall transfer ownership of the facility, including the real property and buildings, to the department. (26950)

(e) The department shall manage the training and operations center facility and may adopt rules necessary to implement this section. The department shall make the facility available for use by the department, the Texas military forces, county and municipal law enforcement agencies, and any other military or law enforcement agency, including agencies of the federal government. The department may set and collect fees for the use of the facility. (26951)

Added by Acts 2015, 84th Leg., R.S., Ch. 333 (H.B. 11), Sec. 11, eff. September 1, 2015. (26952)

Amended by: (26953)

Acts 2017, 85th Leg., R.S., Ch. 944 (S.B. 1805), Sec. 1, eff. September 1, 2017. (26954)

Sec. 411.015. ORGANIZATION. (26955)(1-click HTML)

(a) Except as provided by Subsection (b), the designation by this chapter of certain divisions and division chiefs is not mandatory and this chapter does not prevent the commission from reorganization or consolidation within the department in the interest of more efficient and economical management and direction of the department. The director, with the commission's approval, may organize and maintain within the department divisions of service considered necessary for the efficient conduct of the department's work. (26956)

(b) The division relating to the Texas Rangers may not be abolished. (26957)

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. (26958)

Amended by: (26959)

Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 5.08, eff. September 1, 2009. (26960)

Sec. 411.016. COMPENSATORY TIME; OVERTIME PAY. (26961)(1-click HTML)

(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. (26962)

(b) If, during a 24-hour period, the total number of hours worked by a commissioned officer equals more than eight hours, the excess is overtime. (26963)

(b-1) If, during a work week, the total number of hours worked by a commissioned officer equals more than 40 hours, the excess is overtime. (26964)

(c) This section applies only to the computation of overtime entitlements and does not apply to the method of compensating a commissioned officer for working on regularly scheduled state holidays. (26965)

(d) A commissioned officer may receive a supplement paid by the federal government earned while working on a project funded by the federal government, and that supplement may not be considered in determining a commissioned officer's entitlement under this section. (26966)

(e) The department may compensate an officer commissioned by the department for the overtime earned by the officer by: (26967)

(1) allowing or requiring the officer to take compensatory leave at the rate of 1-1/2 hours of leave for each hour of overtime earned; or (26968)

(2) paying the officer for the overtime hours earned at the rate equal to 1-1/2 times the officer's regular hourly pay rate. (26969)

(f) If a conflict exists between this section and Section 659.015, this section controls. (26970)

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. (26971)

Amended by: (26972)

Acts 2017, 85th Leg., R.S., Ch. 293 (S.B. 297), Sec. 1, eff. September 1, 2017. (26973)

Acts 2017, 85th Leg., R.S., Ch. 293 (S.B. 297), Sec. 2, eff. September 1, 2017. (26974)

Sec. 411.0161. DONATION OF ACCRUED COMPENSATORY TIME OR ACCRUED ANNUAL LEAVE FOR LEGISLATIVE PURPOSES. (26975)(1-click HTML)

(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 leave per year earned by the employee. (26976)

(b) The director or designee shall administer the legislative leave pool. (26977)

(c) The Public Safety Commission shall adopt rules and prescribe procedures relating to the operation of the legislative leave pool. (26978)

(d) The director or designee shall credit the legislative leave pool with the amount of time contributed by an employee and deduct a corresponding amount of time from the employee's earned compensatory time or annual leave as if the employee had used the time for personal purposes. (26979)

(e) An employee is entitled to use time contributed to the legislative leave pool if the employee uses the time for legislative leave on behalf of a law enforcement association of at least 1,000 active or retired members governed by a board of directors. (26980)

(f) The director of the pool administrator shall transfer time from the pool to the employee and credit the time to the employee. (26981)

(g) An employee may only withdraw time from the legislative leave pool in coordination and with the consent of the president or designee of the law enforcement association described in Subsection (e), and may not draw more than 80 hours of time from the pool in a 160-hours work cycle with the maximum time taken not to exceed 480 hours per fiscal year. (26982)

(h) In addition to Subsection (g), the use of any time from the legislative leave pool must also be in accordance with rules adopted by the Public Safety Commission. (26983)

Added by Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 6.02, eff. September 1, 2009. (26984)

Sec. 411.0162. SALARIES FOR CERTAIN TROOPERS. (26985)(1-click HTML)

(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 as Trooper Trainee, Probationary Trooper, and Trooper I at rates that exceed the maximum rates designated in Salary Schedule C of the position classification schedule prescribed by the General Appropriations Act for the state fiscal biennium ending August 31, 2013, for that position by up to 10 percent. (26986)

Added by Acts 2013, 83rd Leg., R.S., Ch. 680 (H.B. 2100), Sec. 1, eff. September 1, 2013. (26987)

Sec. 411.0163. HIRING OFFICERS WITH PREVIOUS LAW ENFORCEMENT EXPERIENCE. (26988)(1-click HTML)

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 experience as a peace officer in the state as years of service for the purpose of calculating the officer's salary under Schedule C. All officers are subject to the one-year probationary period under Section 411.007(g) notwithstanding the officer's rank or salary classification. (26989)

Added by Acts 2015, 84th Leg., R.S., Ch. 333 (H.B. 11), Sec. 6, eff. September 1, 2015. (26990)

Sec. 411.0164. 50-HOUR WORKWEEK FOR COMMISSIONED OFFICERS. (26991)(1-click HTML)

Notwithstanding any other law, the department may implement a 10-hour workday and 50-hour workweek for commissioned officers of the department. (26992)

Added by Acts 2015, 84th Leg., R.S., Ch. 333 (H.B. 11), Sec. 7, eff. September 1, 2015. (26993)

Sec. 411.0165. VETERAN APPLICANTS FOR TROOPER TRAINING. (26994)(1-click HTML)

The department may accept a person applying to the department's trooper trainee academy if the person: (26995)

(1) has served four or more years in the United States armed forces as a member of the military police or other security force and received an honorable discharge; and (26996)

(2) meets all other department requirements for a commissioned officer. (26997)

Added by Acts 2015, 84th Leg., R.S., Ch. 333 (H.B. 11), Sec. 8, eff. September 1, 2015. (26998)

Sec. 411.017. UNAUTHORIZED ACTS INVOLVING DEPARTMENT NAME, INSIGNIA, OR DIVISION NAME. (26999)(1-click HTML)

(a) A person commits an offense if, without the director's authorization, the person: (27000)

(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; (27001)

(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 (27002)

(3) uses the term "Texas Department of Public Safety," "Department of Public Safety," "Texas Ranger," or "Texas Highway Patrol" in connection with an object, with the intent to create the appearance that the object belongs to or is being used by the department. (27003)

(b) In this section, "department insignia" means an insignia or design prescribed by the director for use by officers and employees of the department in connection with their official activities. An insignia is deceptively similar to the department's if it is not prescribed by the department but a reasonable person would presume that it was prescribed by the department. (27004)

(c) A district or county court, on application of the attorney general or of the district attorney or prosecuting attorney performing the duties of district attorney for the district in which the court is located, may enjoin a violation or threatened violation of this section on a showing that a violation has occurred or is likely to occur. (27005)

(d) It is an affirmative defense to a prosecution under this section that the object is used exclusively: (27006)

(1) for decorative purposes, maintained or preserved in a decorative state, and not offered for sale; or (27007)

(2) in an artistic or dramatic presentation, and before the use of the object the producer of the presentation notifies the director in writing of the intended use, the location where the use will occur, and the period during which the use will occur. (27008)

(e) An offense under this section is a Class A misdemeanor, unless the object is shipped by United States mail or by any type of commercial carrier from a point outside the State of Texas to a point inside the state if the shipper or his agent has been sent notification by registered United States mail of this section prior to the shipment, in which event the offense is a felony of the third degree. (27009)

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 496, Sec. 1, eff. Sept. 1, 1989. (27010)

Sec. 411.018. HAZARDOUS MATERIALS. (27011)(1-click HTML)

(a) The director shall adopt rules relating to the reporting of all transportation incidents involving releases of reportable quantities of hazardous materials occurring on public roads or railroads that are not on a private industrial site. The rules must be consistent with federal rules relating to hazardous materials adopted under federal law. The director may adopt all or part of the federal hazardous materials rules by reference. (27012)

(b) The department by rule shall require that all carriers of hazardous materials report all incidents involving a release of reportable quantities of hazardous materials to the department. (27013)

(c) The department shall serve as the central repository of statistical information relating to incidents involving release of hazardous materials. (27014)

(d) The department is responsible for the on-site coordination of all hazardous materials transportation emergencies. The director shall adopt necessary rules to implement this subsection. (27015)

Added by Acts 1989, 71st Leg., ch. 4, Sec. 2.22(a), eff. Sept. 1, 1989. (27016)

Sec. 411.019. TOLL-FREE NUMBER. (27017)(1-click HTML)

(a) The department shall provide a 24-hour toll-free telephone number for use by the public in reporting traffic offenses, including driving while intoxicated, suspected criminal activity, and traffic accidents and other emergencies. (27018)

(b) On receiving a report of an offense, the department shall contact the law enforcement agency of the jurisdiction where the reported suspected driver or incident was observed or shall dispatch department officers. (27019)

Added by Acts 1989, 71st Leg., ch. 1251, Sec. 1, eff. June 16, 1989. (27020)

Sec. 411.0195. PUBLIC COMPLAINTS. (27021)(1-click HTML)

(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 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. (27022)

(b) The department shall make information available describing its procedures for complaint investigation and resolution. (27023)

(c) The department shall periodically notify the complaint parties of the status of the complaint until final disposition. (27024)

(d) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 5.15, eff. September 1, 2009. (27025)

(e) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 5.15, eff. September 1, 2009. (27026)

Added by Acts 1993, 73rd Leg., ch. 790, Sec. 10, eff. Sept. 1, 1993. Amended by Acts 1999, 76th Leg., ch. 1189, Sec. 8, eff. Sept. 1, 1999. (27027)

Amended by: (27028)

Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 5.09, eff. September 1, 2009. (27029)

Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 5.15, eff. September 1, 2009. (27030)

Sec. 411.0196. ACCESS TO PROGRAMS. (27031)(1-click HTML)

The department shall prepare and maintain a written plan that describes how a person who does not speak English or who has a physical, mental, or developmental disability can be provided reasonable access to the department's programs. (27032)

Added by Acts 1993, 73rd Leg., ch. 790, Sec. 10, eff. Sept. 1, 1993. (27033)

Sec. 411.020. PURCHASE OF FIREARM FROM DEPARTMENT BY OFFICER. (27034)(1-click HTML)

(a) A commissioned officer of the department may purchase for an amount set by the department, not to exceed fair market value, a firearm issued to the officer by the department if the firearm is not listed as a prohibited weapon under Section 46.05, Penal Code, and if the firearm is retired by the department for replacement purposes. (27035)

(b) The department may adopt rules for the sale of a retired firearm to an officer of the department. (27036)

Added by Acts 1991, 72nd Leg., ch. 37, Sec. 1, eff. April 19, 1991. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.35, eff. Sept. 1, 1995. (27037)

Sec. 411.0201. REPRODUCTION OF RECORDS. (27038)(1-click HTML)

(a) Except as provided by Subsection (b), the department may photograph, microphotograph, or film any record in connection with the issuance of a driver's license or commercial driver's license and any record of any division of the department. (27039)

(b) None of the following may be photographed or filmed to dispose of the original record: (27040)

(1) an original fingerprint card; (27041)

(2) any evidence submitted in connection with a criminal case; or (27042)

(3) a confession or statement made by the defendant in a criminal case. (27043)

(c) The department may create original records in micrographic form on media, such as computer output microfilm. (27044)

(d) A photograph, microphotograph, or film of a record reproduced under Subsection (a) is equivalent to the original record for all purposes, including introduction as evidence in all courts and administrative agency proceedings. A certified or authenticated copy of such a photograph, microphotograph, or film is admissible as evidence equally with the original photograph, microphotograph, or film. (27045)

(e) The director or an authorized representative may certify the authenticity of a photograph, microphotograph, or film of a record reproduced under this section and shall charge a fee for the certified photograph, microphotograph, or film as provided by law. (27046)

(f) Certified records shall be furnished to any person who is authorized by law to receive them. (27047)

Added by Acts 1995, 74th Leg., ch. 165, Sec. 6, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1187, Sec. 3, eff. Sept. 1, 1997. (27048)

Sec. 411.0202. DISPOSAL OF RECORDS. (27049)(1-click HTML)

(a) Unless otherwise required by law and subject to Chapter 441, the department may dispose of or destroy records that the department determines are not required for the performance of the department's duties and functions. (27050)

(b) The department may dispose of or destroy a defendant's original fingerprint card if: (27051)

(1) the department has on file and retains another original fingerprint card for the defendant; or (27052)

(2) the defendant has attained the age of 80. (27053)

Added by Acts 1995, 74th Leg., ch. 165, Sec. 7, eff. Sept. 1, 1995. (27054)

Sec. 411.0206. ABATEMENT OR DEFERRAL FOR VICTIMS OF IDENTITY THEFT. (27055)(1-click HTML)

(a) In this section: (27056)

(1) "License" means a license, certificate, permit, or other authorization issued by the department. (27057)

(2) "Victim of identity theft" means an individual who has filed a criminal complaint alleging the commission of an offense under Section 32.51, Penal Code, other than a person who is convicted of an offense under Section 37.08, Penal Code, with respect to that complaint. (27058)

(b) The department may abate or defer a mandatory suspension or revocation of a license if the license holder presents evidence acceptable to the department that: (27059)

(1) the license holder is the victim of identity theft; and (27060)

(2) the person against whom a criminal complaint alleging the commission of an offense under Section 32.51, Penal Code, has been filed, and not the license holder, engaged in the act or omission that mandates the suspension or revocation. (27061)

Added by Acts 2011, 82nd Leg., R.S., Ch. 796 (H.B. 2256), Sec. 1, eff. June 17, 2011. (27062)

Sec. 411.0207. PUBLIC CORRUPTION UNIT. (27063)(1-click HTML)

(a) In this section, "organized criminal activity" means conduct that constitutes an offense under Section 71.02, Penal Code. (27064)

(b) A public corruption unit is created within the department to investigate and assist in the management of allegations of participation in organized criminal activity by: (27065)

(1) an individual elected, appointed, or employed to serve as a peace officer for a governmental entity of this state under Article 2.12, Code of Criminal Procedure; or (27066)

(2) a federal law enforcement officer while performing duties in this state. (27067)

(c) The unit shall: (27068)

(1) assist district attorneys and county attorneys in the investigation and prosecution of allegations described by Subsection (b); (27069)

(2) if requested by the agency, assist a state or local law enforcement agency with the investigation of such allegations against law enforcement officers in the agency; (27070)

(3) assist the United States Department of Justice or any other appropriate federal department or agency in the investigation and prosecution of allegations described by Subsection (b); (27071)

(4) if requested by the agency, assist a federal law enforcement agency with the investigation of such allegations against law enforcement officers in the agency; (27072)

(5) serve as a clearinghouse for information relating to the investigation and prosecution of allegations described by Subsection (b); and (27073)

(6) report to the highest-ranking officer of the Texas Rangers division of the department. (27074)

(d) On written approval of the director or of the chair of the commission, the highest-ranking officer of the Texas Rangers division of the department may initiate an investigation of an allegation of participation in organized criminal activity by a law enforcement officer described by Subsection (b)(1). Written approval under this subsection must be based on cause. (27075)

(e) To the extent allowed by law, a state or local law enforcement agency shall cooperate with the public corruption unit by providing information requested by the unit as necessary to carry out the purposes of this section. Information described by this subsection is excepted from required disclosure under Chapter 552 in the manner provided by Section 552.108. (27076)

Added by Acts 2009, 81st Leg., R.S., Ch. 1130 (H.B. 2086), Sec. 41, eff. September 1, 2009. (27077)

Sec. 411.0208. RESERVE OFFICER CORPS. (27078)(1-click HTML)

(a) The commission may provide for the establishment of a reserve officer corps consisting of retired or previously commissioned peace officers, as defined by Article 2.12, Code of Criminal Procedure, who retired or resigned in good standing. (27079)

(b) The commission shall establish qualifications and standards of training for members of the reserve officer corps. (27080)

(c) The commission may limit the size of the reserve officer corps. (27081)

(d) The director shall appoint the members of the reserve officer corps. Members serve at the director's discretion. (27082)

(e) The director may call the reserve officer corps into service at any time the director considers it necessary to have additional officers to assist the department in conducting background investigations, sex offender compliance checks, and other duties as determined necessary by the director. (27083)

Added by Acts 2015, 84th Leg., R.S., Ch. 333 (H.B. 11), Sec. 9, eff. September 1, 2015. (27084)

Amended by: (27085)

Acts 2017, 85th Leg., R.S., Ch. 152 (H.B. 1780), Sec. 1, eff. September 1, 2017. (27086)

Sec. 411.0209. DEPARTMENT ASSISTANCE AT INTERNATIONAL BORDER CHECKPOINTS. (27087)(1-click HTML)

(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 strategy for providing to federal authorities and to local law enforcement authorities working with those federal authorities at international border checkpoints assistance in the interdiction of weapons, bulk currency, stolen vehicles, and other contraband, and of fugitives, being smuggled into the United Mexican States. (27088)

(b) The department may share with the federal government the cost of staffing any international border checkpoints for the purposes described by this section. (27089)

(c) The director and applicable local law enforcement authorities shall adopt procedures as necessary to administer this section. (27090)

Added by Acts 2015, 84th Leg., R.S., Ch. 333 (H.B. 11), Sec. 9, eff. September 1, 2015. (27091)

Sec. 411.02095. STATEWIDE PROGRAM FOR THE PREVENTION AND DETECTION OF CERTAIN CRIMINAL OFFENSES. (27092)(1-click HTML)

(a) The department may establish a program throughout this state for preventing and detecting: (27093)

(1) the unlawful possession or the unlawful and imminent movement or transfer between this state and an adjacent state or the United Mexican States of: (27094)

(A) firearms, in violation of Section 46.14, Penal Code; (27095)

(B) controlled substances, in violation of Chapter 481, Health and Safety Code; or (27096)

(C) currency, in violation of Section 34.02, Penal Code; and (27097)

(2) the commission or imminent commission of the offenses of smuggling of persons under Section 20.05, Penal Code, and trafficking of persons under Section 20A.02, Penal Code, occurring in this state or involving travel between this state and an adjacent state or the United Mexican States. (27098)

(b) A peace officer participating in a program established under this section must have reasonable suspicion or probable cause to believe that firearms, controlled substances, or currency are unlawfully possessed or being unlawfully and imminently moved or transferred between this state and an adjacent state or the United Mexican States or that an offense described by Subsection (a)(2) has been committed or imminently will be committed, as applicable, before exercising the officer's authority under the program, including stopping a person or vehicle or coming into contact with a person. (27099)

(c) In developing the program, the department shall establish: (27100)

(1) clear guidelines and procedures to mitigate any unnecessary negative impact on the flow of trade, commerce, or daily business activities in locations where the program is implemented; and (27101)

(2) protocols, standards, and guidelines to minimize any intrusion on a person in an encounter with a peace officer exercising the officer's authority under the program. (27102)

(d) The department shall implement the program established under this section in conjunction with federal and local law enforcement agencies. (27103)

(e) The director shall adopt rules as necessary to implement and administer a program established under this section. (27104)

Added by Acts 2015, 84th Leg., R.S., Ch. 1221 (S.B. 1853), Sec. 1, eff. June 19, 2015. (27105)

Redesignated from Government Code, Section 411.0208 by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.001(12), eff. September 1, 2017. (27106)

SUBCHAPTER B. TEXAS RANGERS (27107)(1-click HTML)
Sec. 411.021. COMPOSITION. (27108)(1-click HTML)

The Texas Rangers are a major division of the department consisting of the number of rangers authorized by the legislature. The highest ranking officer of the Texas Rangers is responsible to and reports directly to the director. Officers are entitled to compensation as provided by the legislature. (27109)

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1993, 73rd Leg., ch. 790, Sec. 11, eff. Sept. 1, 1993. (27110)

Sec. 411.022. AUTHORITY OF OFFICERS. (27111)(1-click HTML)

(a) An officer of the Texas Rangers is governed by the law regulating and defining the powers and duties of sheriffs performing similar duties, except that the officer may make arrests, execute process in a criminal case in any county and, if specially directed by the judge of a court of record, execute process in a civil case. (27112)

(b) An officer of the Texas Rangers who arrests a person charged with a criminal offense shall immediately convey the person to the proper officer of the county where the person is charged and shall obtain a receipt. The state shall pay all necessary expenses incurred under this subsection. (27113)

(c) An officer of the Texas Rangers has the authority to investigate offenses against public administration prosecuted under Subchapter B-1. (27114)

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. (27115)

Amended by: (27116)

Acts 2015, 84th Leg., R.S., Ch. 927 (H.B. 1690), Sec. 4, eff. September 1, 2015. (27117)

Sec. 411.0221. QUALIFICATIONS. (27118)(1-click HTML)

(a) To be commissioned as an officer of the Texas Rangers, a person must: (27119)

(1) have at least eight years of experience as a full-time, paid peace officer, including at least four years of experience in the department; and (27120)

(2) be a commissioned member of the department. (27121)

(b) The Texas Rangers is an equal employment opportunity employer; all personnel decisions shall be made without regard to race, color, sex, national origin, or religion. (27122)

Added by Acts 1993, 73rd Leg., ch. 790, Sec. 12, eff. Sept. 1, 1993. (27123)

Sec. 411.0222. ELIGIBILITY FOR PROMOTION. (27124)(1-click HTML)

Except as provided by Section 411.0223, an officer of the Texas Rangers is eligible for promotion only if the officer has served in the next lower position for at least two years before the date of promotion. (27125)

Added by Acts 1993, 73rd Leg., ch. 790, Sec. 12, eff. Sept. 1, 1993. (27126)

Sec. 411.0223. APPOINTMENT OF HIGHEST-RANKING OFFICERS. (27127)(1-click HTML)

(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 officer has at least five years of supervisory experience as a commissioned member of the Texas Rangers. (27128)

(b) Except as provided by Subsection (c), an officer is eligible for appointment by the director to assistant chief of the Texas Rangers only if the officer has at least four years of supervisory experience as a commissioned member of the Texas Rangers. (27129)

(c) If there are fewer than two qualified officers for appointment to chief or assistant chief of the Texas Rangers, the director may appoint an officer to the position of chief or assistant chief of the Texas Rangers only if the officer has at least two years of supervisory experience as a commissioned member of the Texas Rangers. (27130)

(d) Except as provided by Subsection (e), an officer is eligible for appointment by the director to the rank of major of the Texas Rangers only if the officer has at least one year of supervisory experience as a captain of the Texas Rangers. (27131)

(e) If there are fewer than two qualified captains for appointment to the rank of major of the Texas Rangers, the director may appoint a lieutenant to the position of major of the Texas Rangers only if the lieutenant has at least two years of supervisory experience as a commissioned member of the Texas Rangers. (27132)

Added by Acts 1993, 73rd Leg., ch. 790, Sec. 12, eff. Sept. 1, 1993. (27133)

Amended by: (27134)

Acts 2013, 83rd Leg., R.S., Ch. 1082 (H.B. 3412), Sec. 1, eff. September 1, 2013. (27135)

Sec. 411.023. SPECIAL RANGERS. (27136)(1-click HTML)

(a) The commission may appoint as special rangers honorably retired commissioned officers of the department and not more than 300 other persons. (27137)

(b) A special ranger is subject to the orders of the commission and the governor for special duty to the same extent as other law enforcement officers provided for by this chapter, except that a special ranger may not enforce a law except one designed to protect life and property and may not enforce a law regulating the use of a state highway by a motor vehicle. A special ranger is not connected with a ranger company or uniformed unit of the department. (27138)

(c) Before issuance of a commission to a special ranger the person shall enter into a good and sufficient bond executed by a surety company authorized to do business in the state in the amount of $2,500, approved by the director, and indemnifying all persons against damages resulting from an unlawful act of the special ranger. (27139)

(d) A special ranger is not entitled to compensation from the state for service as a special ranger. (27140)

(e) A special ranger commission expires January 1 of the first odd-numbered year after appointment. The director may revoke a special ranger commission at any time for cause. (27141)

(f) The commission shall authorize a badge for persons appointed as special rangers under this section that is distinct in appearance from the badge authorized for special Texas Rangers under Section 411.024 and from any badge issued to a Texas Ranger. (27142)

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1999, 76th Leg., ch. 1189, Sec. 9, eff. Sept. 1, 1999. (27143)

Sec. 411.024. SPECIAL TEXAS RANGERS. (27144)(1-click HTML)

(a) The commission may appoint as a special Texas Ranger an honorably retired or retiring commissioned officer of the department whose position immediately preceding retirement is an officer of the Texas Rangers. (27145)

(b) A special Texas Ranger is subject to the orders of the commission and the governor for special duty to the same extent as other law enforcement officers provided for by this chapter, except that a special Texas Ranger may not enforce a law except one designed to protect life and property and may not enforce a law regulating the use of a state highway by a motor vehicle. A special Texas Ranger is not connected with a ranger company or uniformed unit of the department. (27146)

(c) Before issuance of a commission to a special Texas Ranger the person shall enter into a good and sufficient bond executed by a surety company authorized to do business in the state in the amount of $2,500, approved by the director, and indemnifying all persons against damages resulting from an unlawful act of the special Texas Ranger. (27147)

(d) A special Texas Ranger is not entitled to compensation from the state for service as a special Texas Ranger. (27148)

(e) A special Texas Ranger commission expires January 1 of the first odd-numbered year after appointment. The commission may revoke the commission of a special Texas Ranger who commits a violation of a rule of the department for which an active officer of the Texas Rangers would be discharged. (27149)

(f) The commission shall authorize a badge for persons appointed as special Texas Rangers under this section that is distinct in appearance from the badge authorized for special rangers under Section 411.023. (27150)

Added by Acts 1999, 76th Leg., ch. 1189, Sec. 10, eff. Sept. 1, 1999. (27151)

SUBCHAPTER B-1. PUBLIC INTEGRITY UNIT (27152)(1-click HTML)
Sec. 411.0251. DEFINITIONS. (27153)(1-click HTML)

In this subchapter: (27154)

(1) "Offense" means a prohibited act for which state law imposes a criminal or civil penalty. (27155)

(2) "Prosecuting attorney" means a district attorney, criminal district attorney, or county attorney. (27156)

(3) "State agency" means a department, commission, board, office, council, authority, or other agency in the executive branch of state government that is created by the constitution or a statute of this state, including a university system or institution of higher education as defined by Section 61.003, Education Code. (27157)

(4) "State employee" means an individual, other than a state officer, who is employed by: (27158)

(A) a state agency; (27159)

(B) the Supreme Court of Texas, the Court of Criminal Appeals of Texas, a court of appeals, or the Texas Judicial Council; or (27160)

(C) either house of the legislature or a legislative agency, council, or committee, including the Legislative Budget Board, the Texas Legislative Council, the State Auditor's Office, and the Legislative Reference Library. (27161)

(5) "State officer" means an elected officer, an appointed officer, a salaried appointed officer, an appointed officer of a major state agency, or the executive head of a state agency. (27162)

Added by Acts 2015, 84th Leg., R.S., Ch. 927 (H.B. 1690), Sec. 1, eff. September 1, 2015. (27163)

Sec. 411.0252. OFFENSES AGAINST PUBLIC ADMINISTRATION. (27164)(1-click HTML)

For purposes of this subchapter, the following are offenses against public administration: (27165)

(1) an offense under Title 8, Penal Code, committed by a state officer or a state employee in connection with the powers and duties of the state office or state employment; (27166)

(2) an offense under Chapter 301, 302, 571, 572, or 2004 committed by a state officer or a state employee in connection with the powers and duties of the state office or state employment or by a candidate for state office; (27167)

(3) an offense under Chapter 573 committed by a state officer in connection with the powers and duties of the state office; and (27168)

(4) an offense under Title 15, Election Code, committed in connection with: (27169)

(A) a campaign for or the holding of state office; or (27170)

(B) an election on a proposed constitutional amendment. (27171)

Added by Acts 2015, 84th Leg., R.S., Ch. 927 (H.B. 1690), Sec. 1, eff. September 1, 2015. (27172)

Sec. 411.0253. PUBLIC INTEGRITY UNIT. (27173)(1-click HTML)

(a) The Texas Rangers division of the department shall establish and support a public integrity unit. (27174)

(b) On receiving a formal or informal complaint regarding an offense against public administration or on request of a prosecuting attorney or law enforcement agency, the public integrity unit may perform an initial investigation into whether a person has committed an offense against public administration. (27175)

(c) The Texas Rangers have authority to investigate an offense against public administration, any lesser included offense, and any other offense arising from conduct that constitutes an offense against public administration. (27176)

(d) If an initial investigation by the public integrity unit demonstrates a reasonable suspicion that an offense against public administration occurred, the matter shall be referred to the prosecuting attorney of the county in which venue is proper under Section 411.0256 or Chapter 13, Code of Criminal Procedure, as applicable. (27177)

(e) The public integrity unit shall, on request of the prosecuting attorney described by Subsection (d), assist the attorney in the investigation of an offense against public administration. (27178)

Added by Acts 2015, 84th Leg., R.S., Ch. 927 (H.B. 1690), Sec. 1, eff. September 1, 2015. (27179)

Sec. 411.0254. NOTIFICATION REGARDING DISPOSITION OF CASE. (27180)(1-click HTML)

The prosecuting attorney shall notify the public integrity unit of: (27181)

(1) the termination of a case investigated by the public integrity unit; or (27182)

(2) the results of the final disposition of a case investigated by the public integrity unit, including the final adjudication or entry of a plea. (27183)

Added by Acts 2015, 84th Leg., R.S., Ch. 927 (H.B. 1690), Sec. 1, eff. September 1, 2015. (27184)

Sec. 411.0255. RECUSAL OF PROSECUTING ATTORNEY; SELECTION OF PROSECUTING ATTORNEY BY PRESIDING JUDGE OF ADMINISTRATIVE JUDICIAL REGION. (27185)(1-click HTML)

(a) In this section, "judges" means the presiding judges of the administrative judicial regions. (27186)

(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. (27187)

(c) Following the recusal of a prosecuting attorney under Subsection (b), the judges shall appoint a prosecuting attorney from another county in that administrative judicial region by majority vote. A prosecuting attorney selected under this subsection has the authority to represent the state in the prosecution of the offense. (27188)

(d) The prosecutor selected under this section may pursue a waiver to extend the statute of limitations by no more than two years. If the waiver adds less than two years to limitations, the prosecutor may pursue a successive waiver for good cause shown to the court, providing that the total time of all waivers does not exceed two years. (27189)

Added by Acts 2015, 84th Leg., R.S., Ch. 927 (H.B. 1690), Sec. 1, eff. September 1, 2015. (27190)

Sec. 411.0256. VENUE. (27191)(1-click HTML)

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 administration and lesser included offenses arising from the same transaction is the county in which the defendant resided at the time the offense was committed. (27192)

Added by Acts 2015, 84th Leg., R.S., Ch. 927 (H.B. 1690), Sec. 1, eff. September 1, 2015. (27193)

Sec. 411.0257. RESIDENCE. (27194)(1-click HTML)

For the purposes of this subchapter, a person resides in the county where that person: (27195)

(1) claims a residence homestead under Chapter 41, Property Code, if that person is a member of the legislature; (27196)

(2) claimed to be a resident before being subject to residency requirements under Article IV, Texas Constitution, if that person is a member of the executive branch of this state; (27197)

(3) claims a residence homestead under Chapter 41, Property Code, if that person is a justice on the supreme court or judge on the court of criminal appeals; or (27198)

(4) otherwise claims residence if no other provision of this section applies. (27199)

Added by Acts 2015, 84th Leg., R.S., Ch. 927 (H.B. 1690), Sec. 1, eff. September 1, 2015. (27200)

Sec. 411.0258. COOPERATION OF STATE AGENCIES AND LOCAL LAW ENFORCEMENT AGENCIES. (27201)(1-click HTML)

(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 by providing resources and information requested by the unit as necessary to carry out the purposes of this subchapter. (27202)

(b) Information disclosed under this section is confidential and not subject to disclosure under Chapter 552. (27203)

Added by Acts 2015, 84th Leg., R.S., Ch. 927 (H.B. 1690), Sec. 1, eff. September 1, 2015. (27204)

Sec. 411.0259. SUBPOENAS. (27205)(1-click HTML)

(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, for inspection or copying, of relevant evidence that is in this state. (27206)

(b) A subpoena may be served personally or by certified mail. (27207)

(c) If a person fails to comply with a subpoena, the public integrity unit, acting through the general counsel of the department, may file suit to enforce the subpoena in a district court in this state. On finding that good cause exists for issuing the subpoena, the court shall order the person to comply with the subpoena. The court may punish a person who fails to obey the court order. (27208)

Added by Acts 2015, 84th Leg., R.S., Ch. 927 (H.B. 1690), Sec. 1, eff. September 1, 2015. (27209)

SUBCHAPTER C. TEXAS HIGHWAY PATROL (27210)(1-click HTML)
Sec. 411.031. COMPOSITION. (27211)(1-click HTML)

The Texas Highway Patrol is a division of the department consisting of the chief patrol officer, the number of captains, sergeants, and privates authorized by the legislature, and administrative and clerical help as the commission determines. A person's literary attainment does not preclude the person's appointment as a private if the person is otherwise qualified. The chief patrol officer is the executive officer of the patrol. Officers are entitled to compensation as provided by the legislature. (27212)

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. (27213)

Sec. 411.032. POWERS AND DUTIES OF OFFICERS. (27214)(1-click HTML)

In addition to the powers and duties provided by law for the officers, noncommissioned officers, and enlisted persons of the Texas Highway Patrol, they have the powers and authority provided by law for members of the Texas Rangers force. (27215)

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. (27216)

SUBCHAPTER D. ADMINISTRATIVE DIVISION (27217)(1-click HTML)
Sec. 411.041. COMPOSITION. (27218)(1-click HTML)

The administrative division of the department consists of the bureaus of identification and records, communications, intelligence, and training. The director, with the advice and consent of the commission, shall employ chiefs, experts, operators, instructors, and assistants as necessary for the operation of this division and its bureaus. (27219)

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. (27220)

Sec. 411.042. BUREAU OF IDENTIFICATION AND RECORDS. (27221)(1-click HTML)

(a) The director shall appoint, with the advice and consent of the commission, a chief of the bureau of identification and records to be the executive officer of the bureau. The chief and at least one assistant must be recognized identification experts with at least three years' actual experience. (27222)

  

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