SB2048 - Relating to the assumption of the powers and duties relating to driver's licenses, personal identification certificates, and other related programs, powers, and duties by the Texas Department of Motor Vehicles.

  89R12650 MZM-D     By: Bettencourt S.B. No. 2048       A BILL TO BE ENTITLED   AN ACT   relating to the assumption of the powers and duties relating to   driver's licenses, personal identification certificates, and other   related programs, powers, and duties by the Texas Department of   Motor Vehicles.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 192.005, Transportation Code, is amended   to read as follows:          Sec. 192.005.  RECORD OF COLLISION OR VIOLATION. If a person   operating a railroad locomotive or train is involved in a collision   with another train or a motor vehicle or is arrested for violation   of a law relating to the person's operation of a railroad locomotive   or train:                (1)  the number of or other identifying information on   the person's driver's license or commercial driver's license may not   be included in any report of the collision or violation; and                (2)  the person's involvement in the collision or   violation may not be recorded in the person's individual driving   record maintained by the Texas Department of Motor Vehicles [ Public   Safety ].          SECTION 2.  Section 201.806(b), Transportation Code, is   amended to read as follows:          (b)  The department shall provide electronic access to the   system containing the collision reports so that the Texas   Department of Motor Vehicles [ Public Safety ] can perform its   duties, including the duty to make timely entries on driver   records.          SECTION 3.  Sections 502.357(b), (c), and (d),   Transportation Code, are amended to read as follows:          (b)  Fees collected under this section shall be deposited to   the credit of the state highway fund except that the comptroller   shall provide for a portion of the fees to be deposited first to the   credit of a special fund in the state treasury outside the general   revenue fund to be known as the TexasSure Fund in a total amount   that is necessary to cover the total amount appropriated to the   Texas Department of Insurance from that fund and for the remaining   fees to be deposited to the state highway fund. Subject to   appropriations, the money deposited to the credit of the state   highway fund under this section may be used by the department   [ Department of Public Safety ] to:                (1)  support the department's [ Department of Public   Safety's ] reengineering of the driver's license system to provide   for the issuance by the department [ Department of Public Safety ] of   a driver's license or personal identification certificate, to   include use of image comparison technology; and                (2)  make lease payments to the master lease purchase   program for the financing of the driver's license reengineering   project.          (c)  Subject to appropriation, fees collected under this   section may be used by the [ Department of Public Safety, the ] Texas   Department of Insurance, the Department of Information Resources,   and the department to carry out Subchapter N, Chapter 601.          (d)  The [ Department of Public Safety, the ] Texas Department   of Insurance, the Department of Information Resources, and the   department shall jointly adopt rules and develop forms necessary to   administer this section.          SECTION 4.  Sections 521.001(a)(1-a) and (2),   Transportation Code, are amended to read as follows:                (1-a)  "Department" means the Texas  Department of Motor   Vehicles [ Public Safety ].                (2)  "Director" means the executive [ public safety ]   director of the department .          SECTION 5.  Section 521.001(c), Transportation Code, is   amended to read as follows:          (c)  The department by rule may define types of vehicles that   are "motorcycles" for the purposes of this chapter, in addition to   those defined under Subsection (a)(6-a) , and [ . The Texas   Department of Motor Vehicles by rule may define the types of   vehicles that are "motorcycles" ] for the purposes of Chapters 501,   502, and 503. This subsection applies only to vehicles   manufactured by a manufacturer licensed under Chapter 2301,   Occupations Code.          SECTION 6.  Subchapter C, Chapter 521, Transportation Code,   is amended by adding Section 521.064 to read as follows:           Sec.   521.064.     REPRODUCTION OF RECORDS. (a) Except as   provided by Subsection (b), the department may photograph,   microphotograph, or film any record in connection with the issuance   of a driver's license or commercial driver's license.           (b)     An original fingerprint card may not be photographed or   filmed to dispose of the original record.           (c)     The department may create original records in   micrographic form on media, such as computer output microfilm.           (d)     A photograph, microphotograph, or film of a record   reproduced under Subsection (a) is equivalent to the original   record for all purposes, including introduction as evidence in all   courts and administrative agency proceedings. A certified or   authenticated copy of such a photograph, microphotograph, or film   is admissible as evidence equally with the original photograph,   microphotograph, or film.           (e)     The director or an authorized representative may   certify the authenticity of a photograph, microphotograph, or film   of a record reproduced under this section and shall charge a fee for   the certified photograph, microphotograph, or film as provided by   law.           (f)     Certified records shall be furnished to any person who   is authorized by law to receive them.          SECTION 7.  Section 521.103, Transportation Code, is amended   by adding Subsection (d) to read as follows:           (d)     The Department of Public Safety may access any   photograph of a person described by Subsection (a) that is made   available to the department through the process of issuing a   personal identification certificate under this section, including   a renewal, duplicate, or corrected certificate, for use by the   Department of Public Safety for purposes of Article 62.005(c), Code   of Criminal Procedure.          SECTION 8.  Section 521.247, Transportation Code, is amended   to read as follows:          Sec. 521.247.  APPROVAL OF IGNITION INTERLOCK DEVICES BY   DEPARTMENT OF PUBLIC SAFETY . (a) The Department of Public Safety   [ department ] shall adopt rules for the approval of ignition   interlock devices used under this subchapter.          (b)  The Department of Public Safety [ department ] by rule   shall establish general standards for the calibration and   maintenance of the devices. The manufacturer or an authorized   representative of the manufacturer is responsible for calibrating   and maintaining the device.          (c)  If the Department of Public Safety [ department ]   approves a device, the Department of Public Safety [ department ]   shall notify the manufacturer of that approval in writing. Written   notice from the Department of Public Safety [ department ] to a   manufacturer is admissible in a civil or criminal proceeding in   this state. The manufacturer shall reimburse the Department of   Public Safety [ department ] for any cost incurred by the Department   of Public Safety [ department ] in approving the device.          (d)  The Department of Public Safety [ department ] is not   liable in a civil or criminal proceeding that arises from the use of   an approved device.          SECTION 9.  Section 521.2475, Transportation Code, is   amended to read as follows:          Sec. 521.2475.  IGNITION INTERLOCK DEVICE EVALUATION. (a)   On January 1 of each year, the Department of Public Safety   [ department ] shall issue an evaluation of each ignition interlock   device approved under Section 521.247 using guidelines established   by the National Highway Traffic Safety Administration, including:                (1)  whether the device provides accurate detection of   alveolar air;                (2)  the moving retest abilities of the device;                (3)  the use of tamper-proof blood alcohol content   level software by the device;                (4)  the anticircumvention design of the device;                (5)  the recalibration requirements of the device; and                (6)  the breath action required by the operator.          (b)  The Department of Public Safety [ department ] shall   assess the cost of preparing the evaluation equally against each   manufacturer of an approved device.          SECTION 10.  Sections 521.2476(a), (b), (c), and (d),   Transportation Code, are amended to read as follows:          (a)  The Department of Public Safety [ department ] by rule   shall establish:                (1)  minimum standards for vendors of ignition   interlock devices who conduct business in this state; and                (2)  procedures to ensure compliance with those   standards, including procedures for the inspection of a vendor's   facilities.          (b)  The minimum standards shall require each vendor to:                (1)  be authorized by the Department of Public Safety   [ department ] to do business in this state;                (2)  install a device only if the device is approved   under Section 521.247;                (3)  obtain liability insurance providing coverage for   damages arising out of the operation or use of devices in amounts   and under the terms specified by the Department of Public Safety   [ department ];                (4)  install the device and activate any   anticircumvention feature of the device within a reasonable time   after the vendor receives notice that installation is ordered by a   court;                (5)  install and inspect the device in accordance with   any applicable court order;                (6)  repair or replace a device not later than 48 hours   after receiving notice of a complaint regarding the operation of   the device;                (7)  submit a written report of any violation of a court   order to that court and to the person's supervising officer, if any,   not later than 48 hours after the vendor discovers the violation;                (8)  maintain a record of each action taken by the   vendor with respect to each device installed by the vendor,   including each action taken as a result of an attempt to circumvent   the device, until at least the fifth anniversary after the date of   installation;                (9)  make a copy of the record available for inspection   by or send a copy of the record to any court, supervising officer,   or the Department of Public Safety [ department ] on request; and                (10)  annually provide to the [Text truncated for display. 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